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15 U.S.C. § 77qqqSpecial powers of trustee; duties of paying agents

submitted 93 years ago by ch. 38 to r/title-15-COMMERCE-AND-TRADE · 223 words · no verdicts yet

in plain englishAI-generated · not legal advice

If the bond issuer defaults, the trustee can sue in its own name to recover what's owed. It can recover the full unpaid amount, and file claims in bankruptcy. Paying agents must hold payment funds in trust for bondholders.

(a) The trustee's power to sue and file claims The indenture trustee is authorized to: (1) if the obligor defaults on paying the principal of any bond when due, or defaults on paying interest when due and that default continues for whatever period the indenture specifies, recover judgment — in the trustee's own name, as trustee of an express trust — against the obligor for the full unpaid principal and interest; and (2) file whatever proofs of claim or other papers or documents are necessary or advisable to get the trustee's and bondholders' claims allowed in any judicial proceeding involving the obligor, its creditors, or its property. (b) Paying agents must hold funds in trust Every paying agent must hold, in trust for the benefit of bondholders or the trustee, all money it holds for paying the principal of or interest on the bonds, and must notify the trustee of any default by the obligor in making such a payment.
the actual law source: uscode.house.gov ↗public domain
(a)

The indenture trustee shall be authorized—

(1)

in the case of a default in payment of the principal of any indenture security, when and as the same shall become due and payable, or in the case of a default in payment of the interest on any such security, when and as the same shall become due and payable and the continuance of such default for such period as may be prescribed in such indenture, to recover judgment, in its own name and as trustee of an express trust, against the obligor upon the indenture securities for the whole amount of such principal and interest remaining unpaid; and

(2)

to file such proofs of claim and other papers or documents as may be necessary or advisable in order to have the claims of such trustee and of the indenture security holders allowed in any judicial proceedings relative to the obligor upon the indenture securities, its creditors, or its property.

(b)

Each paying agent shall hold in trust for the benefit of the indenture security holders or the indenture trustee all sums held by such paying agent for the payment of the principal of or interest on the indenture securities, and shall give to such trustee notice of any default by any obligor upon the indenture securities in the making of any such payment.

Source credit: (May 27, 1933, ch. 38, title III, § 317, as added Aug. 3, 1939, ch. 411, 53 Stat. 1173; amended Pub. L. 101–550, title IV, § 416, Nov. 15, 1990, 104 Stat. 2731; Pub. L. 111–203, title IX, § 985(c)(2), July 21, 2010, 124 Stat. 1934.)

history & why it existsrecord from the source credit
  • 1933Enacted · Act of May 27, 1933, ch. 38 · 53 Stat. 1173
  • 1990Amended · Pub. L. 101-550 · 104 Stat. 2731
  • 2010Amended · Pub. L. 111-203 · 124 Stat. 1934

A history note hasn’t been published yet. The record shows enactment by ch. 38 on 1933-05-27.

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