Trustee’s Counsel

  • Overview
  • Attorneys

Kutak Rock lawyers represent corporate trustees on tax-exempt and taxable public finance and corporate debt matters, including asset-backed securities and securitizations, under stand-alone and master trust indenture structures.

Broad finance experience enhances our national public finance attorneys’ ability to effectively represent trustees in transactions benefitting governmental, non-profit and for-profit entities, which may involve utility, project, lease or other revenue bonds, certificates of participation, fixed or variable rate demand bonds, pooled financings or capital appreciation bonds.  Our depth of experience enables us to assist trustee clients by providing efficient, cost-effective and prompt service, without otherwise needing to “get up to speed” before grasping the specific transaction details.

Our national public finance lawyers have assisted various corporate trustees with matters such as:

  • Investment agreements
  • Refunding transactions (including escrows, SLGs, verification and arbitrage issues)
  • Student loan financings (indenture trustee and, in FFELP financings, eligible lender trustee representation)
  • Asset-backed Securities
  • Bond portfolios
  • Tender Option Bonds, coupon stripping and synthetic refundings
  • Adding, removing or replacing credit enhancement and liquidity facilities
  • Swap execution and opinions

We represent indenture trustees in corporate debt matters, some under the Trust Indenture Act of 1939, others exempt from the TIA, and escrow agents in business escrow arrangements.

Our firm has represented trustees in municipal and corporate debt workouts, including monitoring bankruptcy proceedings, representing creditors’ committees, negotiating forbearance agreements, and amending financing documents pursuant to a settlement. Kutak Rock has extensive experience representing creditors in bankruptcy and foreclosure proceedings.