§77qqq — Title 15 Commerce and Trade | U.S. Code

Summary

Authorizes the indenture trustee to sue the borrower in the trustee’s own name, acting for the security holders, to get a money judgment for any unpaid principal or interest once those payments are due and a default has occurred as the agreement allows. The trustee also may file claims and other court papers to make sure the trustee’s and the security holders’ claims are recognized in any court or bankruptcy case about the borrower, its creditors, or its property. Requires each paying agent to hold any money for principal or interest in trust for the security holders or the trustee and to tell the trustee if the borrower misses a payment.

Title 15, §77qqq

Commerce and Trade — Source: USLM XML via OLRC

(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.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2010—Subsec. (a)(1). Pub. L. 111–203 substituted “(1) in the” for “(1) , in the”. 1990—Subsec. (a). Pub. L. 101–550, § 416(1)–(3), in introductory provisions, substituted “trustee shall be authorized” for “to be qualified shall contain provisions”, in par. (1) struck out “authorizing the indenture trustee” after the paragraph designation, and in par. (2) struck out “authorizing such trustee” after the paragraph designation. Subsec. (b). Pub. L. 101–550, § 416(4), substituted “Each” for “The indenture to be qualified shall provide that each”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2010 AmendmentAmendment by Pub. L. 111–203 effective 1 day after July 21, 2010, except as otherwise provided, see section 4 of Pub. L. 111–203, set out as an

Effective Date

note under section 5301 of Title 12, Banks and Banking.

§77qqq Special powers of trustee; duties of paying agents

Summary

Title 15, §77qqq

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata