Book contents
- Fiduciary Obligations in Business
- Fiduciary Obligations in Business
- Copyright page
- Dedication
- Contents
- Contributors
- Editors’ Acknowledgments
- Introduction The Decline and Rise of Fiduciary Obligations in Business
- Part I Identifying Fiduciaries and Their Duties
- 1 Fiduciary Duties on the Temporal Edges of Agency Relationships
- 2 Extra Large Partnerships
- 3 The Three Fiduciaries of Delaware Corporate Law—and Eisenberg’s Error
- 4 Trust, Discretion, and ERISA Fiduciary Status
- 5 Examining Indenture Trustee Duties
- Part II Gaps and Alternatives in Fiduciary Regimes
- Part III Historical and Comparative Perspectives
- Part IV Stakeholders and Society
- Index
5 - Examining Indenture Trustee Duties
from Part I - Identifying Fiduciaries and Their Duties
Published online by Cambridge University Press: 20 August 2021
- Fiduciary Obligations in Business
- Fiduciary Obligations in Business
- Copyright page
- Dedication
- Contents
- Contributors
- Editors’ Acknowledgments
- Introduction The Decline and Rise of Fiduciary Obligations in Business
- Part I Identifying Fiduciaries and Their Duties
- 1 Fiduciary Duties on the Temporal Edges of Agency Relationships
- 2 Extra Large Partnerships
- 3 The Three Fiduciaries of Delaware Corporate Law—and Eisenberg’s Error
- 4 Trust, Discretion, and ERISA Fiduciary Status
- 5 Examining Indenture Trustee Duties
- Part II Gaps and Alternatives in Fiduciary Regimes
- Part III Historical and Comparative Perspectives
- Part IV Stakeholders and Society
- Index
Summary
This Chapter examines the duties of indenture trustees appointed under bond indentures. Although their post-default duties generally are subject to a prudent-person standard, indenture trustees have relatively little legal guidance concerning pre-default duties. The rise of activist investors, however, is making it increasingly critical to identify and understand how to perform those duties. This Chapter seeks to provide that understanding.
- Type
- Chapter
- Information
- Fiduciary Obligations in Business , pp. 93 - 110Publisher: Cambridge University PressPrint publication year: 2021