American Bar Association
Trust Indentures and Indenture Trustees Committee

ABA Section of Business Law

Trust Indentures and Indenture Trustees Committee

Mission Statement

The mission of the Trust Indentures and Indenture Trustees Committee is to consider issues relating to debt issued pursuant to indentures and the institutions that act as trustee under the indentures. Its scope includes all forms of debt and indentures issued in the United States, Canada and internationally, including corporate and municipal debt and secured and unsecured debt extending from simple structures to complex securitizations, project financings and other structured financings. Committee members are involved in activities from structuring and origination of transactions through default and bankruptcy.

Committee Facts

  • Approximately 350 members
  • Two in-person meetings per year. Section of Business Law Spring Meeting programs usually focus on structure and documentation of transactions; while the National Conference of Bankruptcy Judges programs focus on default and bankruptcy. The Committee expects to begin participation in the Annual Fall Business Section Meeting starting in Fall 2013
  • Committee assisted in drafting the Revised Model Simplified Indenture and Commentary, 53 Bus. Law. 1115 (2000) and published Model Negotiated Covenants and Related Definitions in The Business Lawyer, Volume 61, No. 4, August 2006
  • Committee has prepared for publication an annotated version of the Trust Indenture Act, as amended, which will collect relevant cases and commentary, and is to be published in The Business Lawyer Vol. 67, Issue 4, August 2012
  • Committee plans to publish the Revised Model Simplified Indenture and Model Negotiated Covenants in a standalone volume that will include the annotated Trust Indenture Act
  • Committee addresses current industry issues and works intensively with such organizations as the American Bankers Association

Areas of Expertise

  • Debt Issuance and Underwriting
  • Municipal Finance
  • Corporate Finance
  • Securitization and Structured Finance
  • Project Finance
  • Indenture Interpretation and Compliance
  • Trust Indenture Act
  • Bank/Trust Regulatory
  • SEC and Securities Law
  • Investor Relations
  • Rating Agencies
  • Monoline Bond Insurers
  • Bond Default, Restructuring and Bankruptcy
  • Domestic and International Regulation and Capital Markets

Committee Updates

Welcome to the Homepage for the Committee on Trust Indentures and Indenture Trustees. As you are aware, there are many exciting projects currently underway. In addition, there are several informative updates that have been provided by members of our Committee. I encourage you to peruse our webpage for the updates and to become familiar with its content. To the extent you have any suggestions or ideas, please feel free to contact me.

Sub-Committee Chairs
I am pleased to announce the following Sub-Committee Chair appointments:

Harold Kaplan of Gardner Carton & Douglas LLP will Chair the Default Sub-Committee. James Gadsden of Carter, Ledyard & Milburn LLP will serve as Vice-Chair. This committee will be responsible for organizing the stand-alone meeting as part of the fall meeting for the national Conference for Bankruptcy Judges. This committee will also provide periodic updates on default issues.

Kyle Matthews of Sheppard Mullin will Chair the Programs Sub-Committee. In this capacity, he will also serve as our committee's liason to the Programs Committee.

Adam Cohen of Covenant Review, LLC will Chair the Publications Sub-Committee. This committee will analyze the viability of publishing a stand-alone volume to include the Model Simplified Indenture, Model Negotiatied Covenants and Annotated Trust Indenture Act.

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Hebbeln, Mark


Going, Kristin

Committee Roster  

Subcommittees and Task Forces  (click [+] for listing)

 Sub Committees

Programs, Meetings and Events

Section Events

    Business Succession – Tax and Financial Considerations


    This program will discuss how to transition a business while minimizing or eliminating taxes. Discussion includes transfers of closely-held businesses to key employees and family members. Corporate and partnership opportunities will be compared and contrasted and estate planning consequences will also ...

    Understanding the Key Elements of a Legal Opinion


    Business lawyers are asked to give legal opinions in a number of contexts, including financing and M&A transactions. This program will walk through a basic form of third party legal opinion, and will discuss its main features. It will examine opinions commonly rendered, and will discuss what they mean ...

    Law Firm Bankruptcies and Dissolutions: Legal and Ethical Issues


    Law Firm Bankruptcies and Dissolutions: Legal and Ethical Issues

Materials and Publications

Links of Interest

Recent Articles on Corporate Trust Matters

Thanks to our Vice Chair Harold Kaplan, there are several updates in the corporate trust area that may be of interest to our membership. Harold has authored and/or co-authored (i) "Reading Indentures Strictly: The Rise of Delayed SEC Filing Defaults and Aggressive Bondholders," (ii) "Update on Trustee Litigation in the United Airlines Case:Lease Recharacterization and Construction/Reserve Funds" and (iii) "Strategic Considerations in Securing Payment of Indenture Trustee Fees and Expenses in Bankruptcy - An Update." A synopsis of each can be found below. For a copy of the full article, please contact Harold directly (



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Modified by Graham Hunt on September 8, 2015

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