Indenture Left Trustee Without Standing to Sue When Trust Was Not in Default

Justice Schecter of the New York County Commercial Division recently held that an indenture trustee lacked standing to sue to protect the trust because an event of default had not occurred and, under her reading of the indenture, the trustee could only sue if there was an event of default or if directed by noteholders.

Stay informed!
Sign up for email alerts and notifications here.
Read more about our Structured Finance Litigation practice.