3.3.2. The Bond Indenture
To issue a corporate bond, an issuer must prepare a formal written document called a bond indenture, or deed of trust, and file it with the SEC. The bond indenture is the legal document that specifies the scope and features of the bond and holds the issuer to its terms. Specifically, the indenture must identify:
•Purpose of the bond issue and its features
•Conditions under which the bonds may be redeemed before maturity
•Covenants or promises that the issuing company makes with respect to its behavioral obligations over the life of the bond
•Procedures and remedies should the issuer default
•Rights and duties of the trustee
The issuer must appoint an independent trustee to protect the bondholders’ rights as stated in the indenture. This third-party trustee, usually a bank or trust company, is respo