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indenture

 
Dictionary: in·den·ture   (ĭn-dĕn'chər) pronunciation
n.
  1. A contract binding one party into the service of another for a specified term. Often used in the plural.
    1. A document in duplicate having indented edges.
    2. A deed or legal contract executed between two or more parties.
    3. An official or authenticated inventory, list, or voucher.
  2. Indentation.
tr.v., -tured, -tur·ing, -tures.
  1. To bind into the service of another by indenture.
  2. Archaic. To form a small depression in (a surface).

[Middle English endenture, a written agreement, from Anglo-Norman, from endenter, to indent (from the matching notches on multiple copies of the documents). See indent1.]


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Investment Dictionary: Indenture
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A contract between an issuer of bonds and the bondholder stating the time period before repayment, amount of interest paid, if the bond is convertible (and if so, at what price or what ratio), if the bond is callable and the amount of money that is to be repaid.

Investopedia Says:
The indenture is another name for the bond contract terms, which are also referred to as a deed of trust.

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Banking Dictionary: Indenture
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1. Written agreement specifying the terms and conditions for issuing bonds, stating the form of the bond being offered for sale, interest to be paid, the maturity date, call provisions and protective covenants, if any, collateral pledged, the repayment schedule, and other terms. It describes the legal obligations of a bond issuer and the powers of the bond Trustee who has the responsibility, under the Trust Indenture Act of 1939, for ensuring that interest payments are made to registered bondholders.

2. Mortgage or deed of trust securing a lien against real property, specifying covenants and conditions, as agreed by the seller (the grantor) and the buyer.

Real Estate Dictionary: Indenture
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A written agreement made between 2 or more persons having different interests.
Example: The indenture Trustee enforces the agreement made between the Bond issuer (borrower) and the lender.

Law Encyclopedia: Indenture
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This entry contains information applicable to United States law only.

The term indenture, which primarily describes financial contracts, has several applications in U.S. law. At its simplest, an indenture is an agreement that declares benefits and obligations between two or more parties. In bankruptcy law, for example, it is a mortgage or deed of trust that constitutes a claim against a debtor. The most common usage of indenture appears in the bond market. Before a bond is issued, the issuer executes a legally binding indenture governing all the bond's terms. Finally, the concept of indenture has an ignominious place in the history of U.S. labor. Indentured servants of the seventeenth and eighteenth centuries were commonly European workers who contracted to provide labor for a number of years and in return received passage to the American colonies as well as room and board.

An investment product that is used to raise capital, a bond is simply a written document by which a government, corporation, or individual promises to pay a definite sum of money on a certain date. The issuer of a bond, in cooperation with an underwriter (a financial organization that sells the bond to the public), prepares in advance an indenture outlining the terms of the bond. The issuer and the underwriter negotiate provisions such as the interest rate, the maturity date, and any restrictions on the issuer's actions. The last detail is especially important to corporate bonds, because corporations accrue liability upon becoming bond issuers and therefore seek to have the fewest possible restrictions placed on their business behavior by the terms of the indenture. As a consequence, potential buyers of corporate bonds should know what the indenture specifies before buying.

Federal law governs these indentures. For fifty years, the Trust Indenture Act of 1939 (TIA) (15 U.S.C.A. § 77aaa) was the relevant law. Significant changes in financial markets prompted Congress to amend the TIA through the Securities Act Amendments of 1990 (Pub. L. No. 101-550, 1990; 104 Stat. 2713), which included the Trust Indenture Reform Act (Pub. L. No. 101-550, 104 Stat. 2713). The reforms simplified the writing of indentures, recognized the increasing internationalization of corporations by creating opportunities for foreign institutions to serve as trustees, and revised standards for conflicts of interest. The reforms also broadened the authority of the Securities and Exchange Commission.

In early American history indenture was a form of labor contract. Beginning in the colonial period, employers in the largely agricultural economy faced a labor shortage. They addressed it in two ways: by buying slaves and by hiring indentured servants. The former were Africans brought to the colonies against their will to serve for life; the latter were generally Europeans from England and Germany who had entered multiyear employment contracts. From the late sixteenth century to the late eighteenth century approximately half of the 350,000 European immigrants to the colonies were indentured servants. During the seventeenth century these servants outnumbered slaves.

An indentured servant agreed to a four- to seven-year contract, and in return received passage from Europe and guarantees of work, food, and lodging. Colonial courts enforced the contracts of indentured servants, which were often harsh. Employers were seen as masters, and the servants had not only to work for them but to obey their orders in all matters. For some, indentured servitude was not a voluntary act. Impoverished women and children were pressed into servitude, as were convicts. Nevertheless, this servitude was not equivalent to slavery. Slaves remained slaves for life, whereas indentured servants were released at the end of their contract. Moreover, as parties to a contract, indentured servants had rights never enjoyed by slaves. The practice of indentured servitude persisted into the early nineteenth century.

Wikipedia: Indenture
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Half of an indenture document of 1723 showing the randomly-cut edge at the top

An Indenture is a legal contract reflecting a debt or purchase obligation, specifically referring to two types of practices: in historical usage, an indentured servant status, and in modern usage, an instrument used for commercial debt or real estate transaction.

Historical usage

An indenture is a legal contract between two parties, particularly for indentured labour or a term of apprenticeship but also for certain land transactions. The term comes from the medieval English "indenture of retainer"[1] — a legal contract written in duplicate on the same sheet, with the copies separated by cutting along a jagged (toothed, hence the term "indenture") line so that the teeth of the two parts could later be refitted to confirm authenticity.[2] Each party to the deed would then retain a part. When the agreement was made before a court of law a tripartite indenture was made, with the third piece kept at the court. The term is used for any kind of deed executed by more than one party, in contrast to a deed poll which is made by one individual. In the case of bonds, the indenture shows the pledge, promises, representations and covenants of the issuing party.

In England the earliest surviving examples are from the thirteenth century. These are agreements for military service, proving that a paid, contract army was then in existence, although other evidence indicates that the method had already been in use for at least two hundred years.[1] Exchequer records of Henry V's French campaign of 1415 (the Agincourt campaign), including the indentures of all the captains of the army agreeing to provide specified numbers of men and at what cost, may still be read.[3] An Indenture was commonly used as a form of sealed contract or agreement for land and buildings. An example of such a use can be found in the National Archives, where an indenture, from about 1401, recording the transfer of the manor of Pinley, Warwickshire, is held.[4]

In the early history of the United States, many European immigrants served a period of indentured labour in order to pay the cost of their transportation. This practice was common during the 17th and 18th centuries, where over half of immigrants worked off an average of three years servitude.

Modern usage

Bond Indenture (also trust indenture or deed of trust) is a legal document issued to lenders and describes key terms such as the interest rate, maturity date, convertibility, pledge, promises, representations, covenants, and other terms of the bond offering.[5] When the Offering Memorandum is prepared in advance of marketing a Bond, the indenture will typically be summarised in the 'Description of Notes' section.

In the United States, a public debt offerings in excess of $10 million require the use of an indenture of trust, under the Trust Indenture Act of 1939. The rationale for this is that it is necesary to establish a collective action mechanism under which creditors can collect in a fair, orderly manner if default takes place (like that which occurs during bankruptcy).[6]

References

  1. ^ a b Morgan, Kenneth O. (2001). "The Early Middle Ages". The Oxford History of Britain. Oxford, England: Oxford University Press. pp. 126. 
  2. ^ See for example Brown, M.P., A Guide To Western Historical Scripts From Antiquity to 1600, British Library, 1990, pp. 78-9.
  3. ^ Barker, Juliet (2005). Agincourt: the King the Campaign the Battle. London: Little Brown. ISBN 0316726486. 
  4. ^ "Catalogue". Item details SC 8/333/E1104. National Archives. http://www.nationalarchives.gov.uk/catalogue/displaycataloguedetails.asp?CATID=-5089817&CATLN=7&Highlight=&FullDetails=True. Retrieved 2008-03-28. 
  5. ^ What is a Bond Indenture?
  6. ^ William J. Carney. Corporate Finance: Principles and Practice (University Casebook Series). Thomson-West. 2004. ISBN-13: 9781587787690.

See also

External links


Translations: Indenture
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Dansk (Danish)
n. - bule, hak, lærekontrakt
v. tr. - lave buler/hakker, oprette lærekontrakt med

Nederlands (Dutch)
document in duplo, (mv) contract, officiële lijst/ diploma, binden d.m.v. contract

Français (French)
n. - (Jur) contrat synallagmatique, contrat/brevet d'apprentissage (npl)
v. tr. - (Hist) prendre (qn) en apprentissage, engager sous contrat, engager (qn) par un brevet d'apprentissage

Deutsch (German)
n. - Vertrag, Urkunde, amtl. Liste od. Bescheinigung
v. - durch einen (Ausbildungs)vertrag binden

Ελληνική (Greek)
n. - εγκοπή, εντομή, (νομ.) συγγραφή υποχρεώσεων, συμφωνητικό
v. - δεσμεύω/-ομαι με συμφωνητικό ή με συγγραφή υποχρεώσεων

Italiano (Italian)
contratto, inventario, dentellatura, vincolare con un contratto

Português (Portuguese)
n. - contrato (m)
v. - contratar (um aprendiz)

Русский (Russian)
двустроннее соглашение, извилистая линия, соединение с помощью зазубрин, двигаться зигзагами, заключать соглашение

Español (Spanish)
n. - contrato, documento redactado en partes, escritura
v. tr. - escriturar, contratar, obligar por contrato

Svenska (Swedish)
n. - (arbets)kontrakt, lärlingskontrakt
v. - anställa med kontrakt

中文(简体)(Chinese (Simplified))
定期服务合同, 双联契据, 凭单, 以契约约束

中文(繁體)(Chinese (Traditional))
n. - 定期服務合同, 雙聯契據, 憑單
v. tr. - 以契約約束

한국어 (Korean)
n. - 계약서, 새김눈을 붙임, 신탁증서
v. tr. - 도제살이로 보내다, 계약서로 약정하다

日本語 (Japanese)
n. - 契約書, 年季奉公の証文, 証書, 刻み目
v. - 年季奉公させる

العربيه (Arabic)
‏(الاسم) وثيقه رسميه (فعل) يلزم شخصا بالعمل حسب العقد‏

עברית (Hebrew)
n. - ‮קשר (עפ"י הסכם), הסכם (בשני העתקים), תעודה רשמית‬
v. tr. - ‮קשר אדם בחוזה, בייחוד כחניך‬


 
 

 

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Dictionary. The American Heritage® Dictionary of the English Language, Fourth Edition Copyright © 2007, 2000 by Houghton Mifflin Company. Updated in 2009. Published by Houghton Mifflin Company. All rights reserved.  Read more
Investment Dictionary. Copyright ©2000, Investopedia.com - Owned and Operated by Investopedia Inc. All rights reserved.  Read more
Banking Dictionary. Dictionary of Banking Terms. Copyright © 2006 by Barron's Educational Series, Inc. All rights reserved.  Read more
Real Estate Dictionary. Dictionary of Real Estate Terms. Copyright © 2004 by Barron's Educational Series, Inc. All rights reserved.  Read more
Law Encyclopedia. West's Encyclopedia of American Law. Copyright © 1998 by The Gale Group, Inc. All rights reserved.  Read more
Wikipedia. This article is licensed under the Creative Commons Attribution/Share-Alike License. It uses material from the Wikipedia article "Indenture" Read more
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