The other critical distinction between a credit agreement and a high yield indenture is the time horizon of the instrument and flexibility to amend it once issued. The credit agreement usually carries a term of five years or less; the indenture is usually seven to ten years in duration.
The terms of the Indenture are tailored to reflect the specific type of transaction and issuer. Like credit agreements,1 an Indenture contains lending and repayment terms. In contrast to credit agreements, however, the lender is not a party to an Indenture.
A written agreement between the issuer of debt securities (such as bonds, notes, or debentures) and the trustee for the debt securities acting as a representative of the securityholders that specifies the terms and conditions of the debt securities, including the interest rate, maturity, any redemption terms, timing, ...
A contract between an Issuer and a Trustee (normally a commercial bank with trust powers) under which the Issuer issues Bonds and specifies their Maturities, Interest Rates, Redemption provisions, form, exchange provisions, security and other terms.
Most bonds are issued pursuant to a Trust Indenture. In certain instances, bonds are issued pursuant to a Resolution of the issuer. Unless otherwise stated, the term Indenture, as used in this chapter, includes the Resolution. The Indenture is a contract between the issuer and the bond trustee.
Since the Trust Indenture Act of 1939 is applicable only to corporate bonds, the mortgage bonds would be the only bonds required to have a trust indenture.
Which bond offering is required to have a trust indenture under the Trust Indenture Act of 1939? A: Mortgage Bond (Corporate bond offerings over $50,000,000 must have a trust indenture under the Trust Indenture Act of 1939. Mortgage bonds are corporate bonds, typically issued by utilities.
A contract between an Issuer and a Trustee (normally a commercial bank with trust powers) under which the Issuer issues Bonds and specifies their Maturities, Interest Rates, Redemption provisions, form, exchange provisions, security and other terms.
The Trust Indenture Act requires certain prospectus disclosure about the debt securities in registered offerings. Most offerings of debt securities that are exempt from registration under the Securities Act of 1933 are also exempt from the Trust Indenture Act requirements.
Most corporate bond issues over $5 million are required to include a trust indenture, and to file a copy of it with the SEC.