Financial Institutions as Indenture Trustee

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The debt markets have become more global, complex, and stretched as transactions are put on accelerated timetables. Indenture trustees, investors (particularly hedge funds), and issuers are increasingly asked to interface with and work together on complex transactions and fast-moving defaults. Foley’s Financial Institutions Practice includes a multidisciplinary Corporate Trust and Bondholders’ Rights team to address the full range of issues confronted by indenture trustees and investors like you.

We regularly act as default and bankruptcy counsel for corporate trustees, serving as creditor committee members. Our Corporate Trust and Bondholders’ Rights attorneys also provide extensive services to trustees, including negotiating and documenting transactions and addressing indenture interpretation and compliance issues relating to the Trust Indenture Act. Our goal is to help corporate trustees limit liability and develop strategies for avoiding risk and managing litigation. Should the need arise, we can represent you in litigation, particularly in securing default recovery.

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