§ 77rrr. Effect of prescribed indenture provisions

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1933

   Pub. L. 76–38 · 53 Stat. 568

   Enacted · 15 U.S.C. § 77rrr

   May 27, 1933, ch. 38, title III, § 318, as added Aug. 3, 1939, ch. 411, 53 Stat. 1173

   Source evidence

   Code source credit
   May 27, 1933, ch. 38, title III, § 318, as added Aug. 3, 1939, ch. 411, 53 Stat. 1173

2. 1990

   Trust Indenture Reform Act of 1990

   Pub. L. 101–550 § 417(1) · 104 Stat. 2713

   1. Added · 15 U.S.C. § 77rrr(a)

      Pub. L. 101–550, § 417(1), added subsec. (a)

   2. Struck · 15 U.S.C. § 77rrr(a)

      Pub. L. 101–550, § 417(1), struck out former subsec. (a) which read as follows: “The indenture to be qualified shall provide that if any provision thereof limits, qualifies, or conflicts with another provision which is required to be included in such indenture by any of sections 77jjj to 77qqq of this title, inclusive, such required provision shall control.”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 101–550, § 417(1), added subsec. (a) and struck out former subsec. (a) which read as follows: “The indenture to be qualified shall provide that if any provision thereof limits, qualifies, or conflicts with another provision which is required to be included in such indenture by any of sections 77jjj to 77qqq of this title, inclusive, such required provision shall control.”

   Enacted provision · exact public law section
   (1) by striking subsection (a) and inserting the following: “Sec. 318. (a) If any provision of the indenture to be qualified limits, qualifies, or conflicts with the duties imposed by operation of subsection (c) of this section, the imposed duties shall control.”;

3. 1990

   Trust Indenture Reform Act of 1990

   Pub. L. 101–550 § 417(2) · 104 Stat. 2713

   Added · 15 U.S.C. § 77rrr(c)

   Pub. L. 101–550, § 417(2), added subsec. (c)

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 101–550, § 417(2), added subsec. (c).

   Enacted provision · exact public law section
   (2) by adding at the end thereof the following new subsection: “(c) The provisions of sections 310 to and including 317 that impose duties on any person (including provisions automatically deemed included in an indenture unless the indenture provides that such provisions are excluded) are a part of and govern every qualified indenture, whether or not physically contained therein, shall be deemed retroactively to govern each indenture heretofore qualified, and prospectively to govern each indenture hereafter qualified under this title and shall be deemed retroactively to amend and supersede inconsistent provisions in each such indenture heretofore qualified. The foregoing provisions of this subsection shall not be deemed to effect the inclusion (by retroactive amendment or otherwise) in the text of any indenture heretofore qualified of any of the optional provisions contemplated by section 310(b)(1), 311(b), 314(d), 315(a), 315(b), 315(d), 315(e), or 316(a)(1).”.

3 of 4 references resolved to an enrolled provision · 1 partial