Vanderbilt Law Review

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This Article will summarize briefly the significant provisions of the TIA as they currently are applied and will describe and comment upon Code Part XIII, Trust Indentures, as it appears in the 1978 Draft. ... The Code requirement that statutory and optional trust indenture provisions are to be interpreted, applied, and enforced as a matter of federal law will be statutory confirmation of the Morris case. The overall scheme for dealing with trust indentures, trustees,and the related offering statement represents a desirable simplification and updating of the TIA provisions. Significantly, the SEC's enforcement authority regarding trust indentures is expanded to a level comparable with that provided in other areas of the securities laws. While the TIA is not generally thought to be in serious need of revision, Part XIII of the Code represents a thoughtful and practical reconsideration and codification of the TIA in the context of a revision and codification of all the securities laws.