Trust Indenture Definition, Purpose, Enforcement, Examples

what is an indenture

Immigrants often entered indentured servitude contracts of their own free will, as opposed to slaves, who did not. Outside the United States, indentured servitude was prevalent in the British colonies, which relied on migrant labor to staff its sugar plantations after the abolition of slavery. Around 500,000 indentured laborers were transferred to the Caribbean between 1837 and 1917, when the practice was officially abolished. Though officially free, tenant farmers were unable to leave until they had repaid debts to the owners of the land where they worked.

  • Person has furnished to the Indenture Trustee a properly completed, accurate and currently effective U.S.
  • The first Black Africans arrived in Virginia in 1619 and were initially treated as indentured laborers with the same rights as white people.
  • Nothing in Section 4.06 shall limit or prohibit (a) Owner from maintaining the policiesof insurance required under Annex B with higher limits than those specified in Annex B, or (b) Indenture Trustee from obtaining insurance for its own account (and any proceeds payable under such separate insurance shall be payable as providedin the policy relating thereto); provided, however, that no insurance may be obtained or maintained that would limit or otherwise adversely affect the coverage of any insurance required to be obtained or maintained by the Ownerpursuant to this Section 4.06 and Annex B.
  • “Default” means any event or condition that with the giving of notice or the lapse of time or both would become an Eventof Default.

Any payment received by the Indenture Trustee under the third paragraph of Section 2.02 shall be distributed to the Subordination Agent in its capacity as Note Holder to be distributed inaccordance with the terms of the Intercreditor Agreement. (a) Any payments received by the Indenture Trustee for which no provision as to the application thereof is made in this Trust Indentureand for which such provision is made in any other Operative Agreement shall be applied forthwith to the purpose for which such payment was made in accordance with the terms of such other Operative Agreement, as the case may be. This Equipment Noteis subject to certain restrictions set forth in Sections 4.1(a)(i) and 4.1(a)(iii) of the Intercreditor Agreement, as further specified in Section 2.06 of the Trust Indenture, to all of which terms and conditions in the Intercreditor Agreementeach holder hereof agrees by its acceptance of this Equipment Note.

What does «indenture» mean in legal documents?

If the Owner (or any Permitted Lessee) shall at any time operate or propose to operate the Aircraft, Airframe or any Engine (i) in any area of recognized hostilities or (ii) on internationalroutes and war-risk, hijacking or allied perils insurance is maintained by the Owner (or any Permitted Lessee) with respect to other aircraft owned or operated by the Owner (or any Permitted Lessee) on such routes or in such areas, the Owner shallmaintain or cause to be maintained war-risk, hijacking and related perils insurance of substantially the same type carried by major United States commercial air carriers operating the same or comparable models of aircraft on similar routes or insuch areas and in no event in an amount less than the unpaid Original Amount. Air Carrier” means any United States air carrier that is a Citizen of the United States holding an air carrier operating certificate issued pursuant to chapter 447 of title 49 ofthe United States Code for aircraft capable of carrying 10 or more individuals or 6000 pounds or more of cargo, and as to which there is in force an air carrier operating certificate issued pursuant to Part 121 of the FAA Regulations, or which mayoperate as an air carrier by certification or otherwise under any successor or substitute provisions therefor or in the absence thereof. “Trust Supplement” means an agreement supplemental to the Basic Pass Through Trust Agreement pursuant to which (i) a separate trust is created for the benefit of the holders of thePass Through Certificates of a class, (ii) the issuance of the Pass Through Certificates of such Class representing fractional undivided interests in such trust is authorized and (iii) the terms of the Pass Through Certificates of suchclass are established. “Note Purchase Agreement” means the Note Purchase Agreement, dated as of the Issuance Date,among US Airways, Inc., the Subordination Agent, the Escrow Agent, the Paying Agent and the Pass Through Trustee under each Pass Through Trust Agreement providing for, among other things, the issuance and sale of certain equipment notes.

what is an indenture

“Original Amount,” with respect to an Equipment Note, means the stated original principal amount of such Equipment Noteand, with respect to all Equipment Notes, means the aggregate stated original principal amounts of all Equipment Notes. “Officer’s Certificate” means, in respect of any party to the Participation Agreement, a certificate signed by theChairman, the President, any Vice President (including those with varying ranks such as Executive, Senior, Assistant or Staff Vice President), the Treasurer or the Secretary of such party. “Liquidity Facilities” means the two Revolving Credit Agreements (consisting of one Revolving Credit Agreement with theLiquidity Provider with respect to the Class A Pass Through Trust and a second Revolving Credit Agreement with the Liquidity Provider with respect to the Class B Pass Through Trust) between the Subordination Agent, as borrower, and theLiquidity Provider, each dated as of the Issuance Date, provided that, for purposes of any obligation of the Owner, no amendment, modification or supplement to, or substitution or replacement of, any such Liquidity Facility shall be effectiveunless consented to by the Owner. “Indenture Default” means any condition, circumstance, act or event that, with the giving of notice, the lapse of timeor both, would constitute an Indenture Event of Default. “FATCA” means the provisions of Sections 1471 through 1474 of the Code and any current or future regulationsor rules promulgated thereunder, or an successor or similar provisions.

Trust Indenture

As regards a credit offering, the closed-end indenture clause will identify the collateral underlying the offering. The arrangement is such that the collateral is specifically allocated to one offering only, therefore providing unequivocal security for the transaction. In a credit offering, a closed-end indenture clause may be used to detail any collateral involved that provides backing for the offering. Closed-end indentures include collateral as well as provisions that ensure the collateral may only be assigned to one specific offering. Indenture refers to a legal and binding agreement, contract, or document between two or more parties. Attorney with 10 years experience focusing on corporate transactions and formations, real estate, and estate planning.

Work Conditions

Equitable right, remedy or claim under or in respect of this Trust Indenture, except that the persons referred to in the last paragraph of Section 4.02(b) shall be third party beneficiariesof such paragraph. Promptly after the execution by the Owner or the Indenture Trustee of any document entered into pursuant to Section 10.01 hereof, theIndenture Trustee shall mail, by first class mail, postage prepaid, a copy thereof to the Owner (if not a party thereto) and to each Note Holder at its address last set forth in the Equipment Note Register, but the failure of the Indenture Trusteeto mail such copies shall not impair or affect the validity of such document. $100,000,000, if there be such an institution willing, able and legally qualified to perform the duties of the Indenture Trustee hereunder upon reasonable or customary terms.

(c) If at any time the Indenture Trustee shall deem it no longer necessary or in order to conform to any such Law or take any suchaction or shall be advised by such counsel that it is no longer so necessary or desirable in the interest of the Note Holders, or in the event that the Indenture Trustee shall have been requested to do so in writing by a Majority in Interest of NoteHolders, the Indenture Trustee and, upon the written request of the Indenture Trustee, the Owner, shall execute and deliver an indenture supplemental hereto and all other instruments and agreements necessary or proper to remove any additional orseparate trustee. The Indenture Trustee may act on behalf of the Owner under this Section 9.02(c) when and to the extent it could so act under Section 9.02(a) hereof. (a) The Indenture Trustee or any successor thereto may resign at any time without causeby giving at least thirty (30) days’ prior written notice to the Owner and each Note Holder, such resignation to be effective upon the acceptance of the trusteeship by a successor Indenture Trustee. In addition, a Majority in Interest ofNote Holders may at any time (but only with the consent of the Owner, which consent shall not be unreasonably withheld, except that such consent shall not be necessary if an Event of Default is continuing) remove the Indenture Trustee without causeby an instrument in writing delivered to the Owner and the Indenture Trustee, and the Indenture Trustee shall promptly notify each Note Holder thereof in writing, such removal to be effective upon the acceptance of the trusteeship by a successorIndenture Trustee.

“IndentureAgreements” means the Purchase Agreement and17the Bills of Sale, to the extent included in Granting Clause (2) of the Trust Indenture, and any other contract, agreement or instrument from time to time assigned or pledged under the Trust Indenture. “Government Entity” means (a) any federal, state, provincial or similar government, and any body, board,department, commission, court, tribunal, authority, agency or other instrumentality of any such government or otherwise exercising any executive, legislative, judicial, administrative or regulatory functions of such government or (b) any othergovernment entity having jurisdiction over any matter contemplated by the Operative Agreements or relating to the observance or performance of the obligations of any of the parties to the Operative Agreements. “Expenses” means any and all liabilities, obligations, losses, damages, settlements, penalties, claims, actions, suits,costs, expenses and disbursements (including, without limitation, reasonable fees and disbursements of legal counsel, accountants, appraisers, inspectors or other professionals, and costs of investigation). “ERISA” means the Employee Retirement Income Security Act of 1974, and anyregulations and rulings issued thereunder all as amended and in effect from time to time. “Corporate Trust Office” means the principal office of theIndenture Trustee located what is an indenture at Indenture Trustee’s address for notices under the Participation Agreement or such other office at which the Indenture Trustee’s corporate trust business shall be administered which the Indenture Trustee shallhave specified by notice in writing to the Owner and each Note Holder.

These legal terms could also be helpful

Kay Comendul, who  acknowledged themselves to be Vice President and Treasurer and Assistant Secretary, respectively, of THE CONNECTICUT LIGHT AND POWER COMPANY, a corporation, and that they, as such Vice President and Treasurer and Assistant Secretary, being authorized so to do, executed the foregoing instrument for the purpose therein contained, by signing the name of the corporation by themselves as Vice President and Treasurer and  Assistant Secretary, and as their free act and deed. TO HAVE AND TO HOLD all and singular the property, rights and privileges hereby granted or mentioned or intended so to be, together with all and singular the reversions, remainders, rents, revenues, income, issues and profits, privileges and appurtenances, now or hereafter belonging or in any way appertaining thereto, unto the Trustee and its successor or successors in the trust created by the Mortgage and this Supplemental Indenture, and its and their assigns, forever, and with like effect as if the above described property, rights and privileges had been specifically described at length in the Mortgage and this Supplemental Indenture. An indenture is a contract and for indentured servants, these contracts contained «indented» marks along the sides of the document. One copy was placed over the other and the edges of the pages were defaced or marked with indented characters. Servants were often uneducated and could be cheated so marking the two original copies helped to ensure a lasting means of authenticating the contract.

Understanding Indentures: Types and Common Terms Explained

No Note Holder nor any other Indenture Indemnitee shall, as such, have any further interest in, or other right with respect to, theCollateral when and if the Original Amount of, Make-Whole Amount, if any, and interest on and other amounts due under all Equipment Notes held by such Note Holder and all other sums then due and payable to such Note Holder, such Indenture Indemniteeor the Indenture Trustee hereunder (including, without limitation, under the third paragraph of Section 2.02 hereof) and under the other Operative Agreements by the Owner and all Related Secured Obligations (collectively, the “SecuredObligations”) shall have been paid in full. Closing Memorandum for a high-yield bond transaction This is a template closing memorandum for use in a high-yield bond transaction. Additional documents or steps (such as escrow arrangements) may be required, depending on the specific transaction. This pro forma closing memorandum has been drafted on the basis of a high-yield bond issuance which is secured, has the benefit of guarantees from the issuer group, is rated and is listed on a stock exchange, and where the issuer is relying on Regulation S and Rule 144A of the US Securities Act 1933. Rather, counsel only drafts the certificates typically appended to the closing memorandum.

People in debt bondage may endure slavery-like conditions, like being forced to stay on the employer’s premises, denied access to the authorities, or being subject to physical or psychological abuse. The International Labour Organization estimates that around 50 million people are subject to some form of forced labor, according to 2021 data. Indentured servants did have limited rights including access to the courts and entitlement to own land. However, masters retained their right to prohibit their servants from marrying and had the authority to sell them to another master at any time. An estimated one-third to one-half of all European immigrants to the American colonies between the 1630s and the American Revolution came under indentures. Many young children were taken from the London streets to the American colonies as indentured servants, mostly to Virginia to work as forced apprentices.

The Owner further agrees that the Aircraft, Airframe and Engines will be maintained, used, serviced, repaired, overhauled or inspected in compliance with each applicable airworthiness certificate, license and registrationrelating to the Aircraft, Airframe or any Engine issued by the FAA (or other applicable Aviation Authority). The Owner shall maintain or cause to be maintained the Aircraft Documents in the English language. While such engine is subject to such lease, conditional sale, trust indenture or other security agreement and owned by such lessor or conditional seller or subject to a trust indenture orsecurity interest in favor of such indenture trustee or secured party.

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