The Trust Indenture Act
and out-of-court restructurings
He advises clients on matters arising under the Securities Act of 1933, the Securities Exchange Act of 1934, the Trust Indenture Act
of 1939 as well as the Sarbanes-Oxley Act of 2002 and the Dodd-Frank WallStreet Reform and Consumer Protection Act.
On December 23, the United States Court of Appeals for the Second Circuit issued an opinion on an issue of first impression, namely the scope of [section] 304(a)(2) of the Trust Indenture Act
of 1939,15 U.
The complaint included claims for violating the Trust Indenture Act
of 1939, breach of contract, and breach of the implied covenant of good faith and fair dealing.
In so doing, the Company has agreed to exchange the debentures for new debentures qualifying for an indenture under the Trust Indenture Act
of 1939 as part of the DTC eligibility process.
In contrast, foreign governments (and their subdivisions, departments, municipalities, agencies, and instrumentalities) are exempt from the Trust Indenture Act
under section 304(a) (6).
We do, however, advocate removing regulatory barriers created by the Trust Indenture Act
that impede the implementation of the supertrustee proposal.
It is intended that the exchange transaction will close in late March or early April following the qualification of the related indenture under the Trust Indenture Act
Eastern Time, on Monday, September 10, 2012 in order to allow additional time for the SEC to complete the qualification of the indenture governing the New Notes under the Trust Indenture Act
This is consistent with the Trust Indenture Act
the "Merger") and the payment by SunCom of the consent payment to holders of Notes who validly delivered (and did not revoke) their consent prior to the Expiration Time, substantially all the existing requirements will be eliminated for SunCom to provide periodic reports and financial statements and SunCom's compliance certificate obligations will be limited to the requirements set forth in the Trust Indenture Act
The exchange offer, which was originally scheduled to expire on November 18, 2009 but was extended to allow time to complete qualification under the Trust Indenture Act
, expired at 5:00 p.