Examining Indenture Trustee Duties

Forthcoming in THE ANATOMY OF FIDUCIARY OBLIGATIONS IN BUSINESS (Cambridge University Press 2020, Arthur Laby & Jacob Russell, eds.).

Duke Law School Public Law & Legal Theory Series No. 2019-83

28 Pages Posted: 21 Nov 2019

Date Written: November 19, 2019

Abstract

This Chapter examines the duties of indenture trustees appointed under bond indentures. Although their post-default duties generally are subject to a prudent-person standard, indenture trustees have relatively little legal guidance concerning pre-default duties. The rise of activist investors, however, is making it increasingly critical to identify and understand how to perform those duties. This Chapter seeks to provide that understanding.

Keywords: indenture trustees

Suggested Citation

Schwarcz, Steven L., Examining Indenture Trustee Duties (November 19, 2019). Forthcoming in THE ANATOMY OF FIDUCIARY OBLIGATIONS IN BUSINESS (Cambridge University Press 2020, Arthur Laby & Jacob Russell, eds.)., Duke Law School Public Law & Legal Theory Series No. 2019-83, Available at SSRN: https://ssrn.com/abstract=3490197

Steven L. Schwarcz (Contact Author)

Duke University School of Law ( email )

210 Science Drive
Box 90362
Durham, NC 27708
United States
919-613-7060 (Phone)
919-613-7231 (Fax)

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