DEBENTUTURE TRUST DEED

United Kingdom

Updated: May 03, 2022

39 clauses


James Maina

James Maina

O.M.O Advocates

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Key description

  • A debenture trust deed is an instrument that a company executes in favour of a debenture trustee, thereby appointing them and defining their role and duties to protect the interest of debenture holders before debentures are offered for public subscription.

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General

  • Definitions

  • Currency Conversion

  • Issue of Debentures

  • Conditions Relating to Debentures

  • Payment of Debentures and interest

  • Register of Debenture Holders

  • Charge

  • Specifically Mortgaged Premises

  • After-acquired Immoveable Property

  • Company’s Covenants

  • Prohibition on Encumbrances

  • Events in which Security Becomes Enforceable

  • Trustee’s Powers of Entry and Sale

  • Notice of Intention to Exercise Powers of Entry

  • Powers of Trustee in Possession

  • Power to appoint Receiver

  • Powers etc of Receiver

  • Additional Powers where Security in Jeopardy

  • Trustee and Receiver not liable as Mortgagee in Possession

  • Protection of Third Parties

  • Trusts of Proceeds of Realisation

  • Trustee’s Power to Accumulate

  • Notice Before Payment and Interest on Amount Concerned to Cease On Date Fixed For Payment

  • Memorandum of Payment

  • Receipts of Holders of Debentures

  • Trustee’s Powers of Investment

  • Trustee’s Borrowing Powers

  • Further Assurances by Company

  • Trustee Appointed Company’s Attorney

  • Trustee’s Remuneration

  • Application to Court

  • Trustee’s rights and powers

  • Trustee to Assume Performance of Covenants; Discretion as to Enforcement

  • Trustee’s Power of Delegation

  • Appointment of Agents

  • Release of Security on Redemption

  • Retirement of Trustee

  • New Trustee

  • Notices


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