Debenture trustee due diligence: confirms security, disclosures and issuer's ability to service debt before issue opens. Debenture trustee must, before opening the issue, examine relevant documents and independently verify information and discussions with the issuer and other parties, and confirm that adequate security provisions exist, permissions for creating security have been obtained, relevant security disclosures and ongoing obligations have been made, and that offer document disclosures are true, fair and adequate to enable informed investment decisions; trustee must also record satisfaction about the issuer's ability to service the debt securities and sign with place and date.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Debenture trustee due diligence: confirms security, disclosures and issuer's ability to service debt before issue opens.
Debenture trustee must, before opening the issue, examine relevant documents and independently verify information and discussions with the issuer and other parties, and confirm that adequate security provisions exist, permissions for creating security have been obtained, relevant security disclosures and ongoing obligations have been made, and that offer document disclosures are true, fair and adequate to enable informed investment decisions; trustee must also record satisfaction about the issuer's ability to service the debt securities and sign with place and date.
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