Indenture in United States
Indenture Definition
A formal written instrument made between two or more persons in different interests, as opposed to a deed poll, which is one made by a single person, or by several having similar interests. Its name comes from a practice of indenting or scolloping such an instrument on the top or side in a waving line. This is not necessary in England at the present day, by St. 8 & 9, Vict. c. 106, § 5, but was in Lord Coke’s time, when no words of indenture would supply its place. 6 Coke, 20. In this country it is a mere formal act, not necessary to the deed’s being an indenture. See Bac. Abr. Leases (E 2) ; Comyn, Dig. Fait (C, and note d) ; Litt. § 370; Co. Litt. 143b, 229a; Cruise, Dig. tit. 32, c 1, § 24; 2 Sharswood, -Bl. Comm. 294; 2 Washb. Real Prop. 587 et seq.; 1 Steph. Comm. 447. The ancient practice was to deliver as many copies of an instrument as there were parties to it. And as early as King John it became customary to write the copies on the same parchment, with the word chirogror phum, or some other word, written between them, and then to cut them apart through such word, leaving part of each letter on either side the line, which was at first straight, afterwards indented or notched. 1 Reeve, Hist. Eng. Law, 89; Du Cange; 2 Washb. Real Prop. 587 et seq. See Indent.
Indenture in Foreign Legal Encyclopedias
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Indenture | Indenture in the World Legal Encyclopedia. |
Indenture | Indenture in the European Legal Encyclopedia. |
Indenture | Indenture in the Asian Legal Encyclopedia. |
Indenture | Indenture in the UK Legal Encyclopedia. |
Indenture | Indenture in the Australian Legal Encyclopedia. |
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Indenture | Indenture in the Family Law Portal of the American Encyclopedia of Law. |
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Indenture | Indenture in the Commercial Law Portal of the American Encyclopedia of Law. |
Indenture | Indenture in the Criminal Law Portal of the American Encyclopedia of Law. |
Indenture | Indenture in the Antritrust Portal of the American Encyclopedia of Law. |
Indenture | Indenture in the Bankruptcy Law Portal of the American Encyclopedia of Law. |
Indenture | Indenture in the Constitutional Law Portal of the American Encyclopedia of Law. |
Indenture | Indenture in the Tax Law Portal of the American Encyclopedia of Law. |
Indenture | Indenture in the and Finance and Banking Portal of the American Encyclopedia of Law. |
Indenture | Indenture in the Employment and Labor Portal of the American Encyclopedia of Law. |
Indenture | Indenture in the Personal Injury and Tort Portal of the American Encyclopedia of Law. |
Indenture | Indenture in the Environmental Law Portal of the American Encyclopedia of Law. |
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Legal Issue for Attorneys
A formal written instrument made between two or more persons in different interests, as opposed to a deed poll, which is one made by a single person, or by several having similar interests. Its name comes from a practice of indenting or scolloping such an instrument on the top or side in a waving line. This is not necessary in England at the present day, by St. 8 & 9, Vict. c. 106, § 5, but was in Lord Coke’s time, when no words of indenture would supply its place. 6 Coke, 20. In this country it is a mere formal act, not necessary to the deed’s being an indenture. See Bac. Abr. Leases (E 2) ; Comyn, Dig. Fait (C, and note d) ; Litt. § 370; Co. Litt. 143b, 229a; Cruise, Dig. tit. 32, c 1, § 24; 2 Sharswood, -Bl. Comm. 294; 2 Washb. Real Prop. 587 et seq.; 1 Steph. Comm. 447. The ancient practice was to deliver as many copies of an instrument as there were parties to it. And as early as King John it became customary to write the copies on the same parchment, with the word chirogror phum, or some other word, written between them, and then to cut them apart through such word, leaving part of each letter on either side the line, which was at first straight, afterwards indented or notched. 1 Reeve, Hist. Eng. Law, 89; Du Cange; 2 Washb. Real Prop. 587 et seq. See Indent.
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This definition of Indenture Is based on the The Cyclopedic Law Dictionary . This definition needs to be proofread..
Practical Information
Note: Some of this information was last updated in 1982
A formal written instrument between two or more parties, involving reciprocal rights and duties for example, a lease. In ancient times, the practice was to write two or more copies of the instrument on the same piece of parchment. The copies were then separated by tearing the parchment in irregular fashion so the indentations of each torn part would fit the other. Hence, the term indenture.
What is Indenture?
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See Also
Further Reading (Articles)
Indenture Trustees Still Face Potential Conflicts of Interest, American Banker; June 30, 1992; Kelly, Joseph F., Jr.
A Modern Indenture: Penn. Turnpike Readies $245M Refunding., The Bond Buyer; April 27, 2001; Higginbotham, Stacey
Fitch Affirms Idaho Housing & Finance Association’s 2003 Indenture Bonds Ratings; Outlook Stable, Entertainment Close-up; July 8, 2013
Fitch Affirms Idaho Housing & Finance Association’s 2003 Indenture & GO Pledge; Outlook Stable, Wireless News; August 18, 2013
Fitch Affirms Idaho Housing & Finance Association’s 2006 Indenture; Outlook Stable, Wireless News; July 23, 2013
Fitch Affirms Idaho Housing & Finance Association’s 2000 Indenture & GO Pledge; Outlook Stable, Entertainment Close-up; May 28, 2013
Financial Reporting Covenants In The Era Of “Covenant Lite” And “PIK Toggle” Indentures.(Securities and Exchange Commission), Mondaq Business Briefing; July 16, 2007
Indenture “No-Action” Clauses Bar Independent Claims by Securityholders, Mondaq Business Briefing; February 27, 2013
Federal Appeals Court Rules Tribal Issuer’s Trust Indenture Is A Void “Management Contract”.(Wells Fargo Bank, National Association v. Lake of the Torches Economic Development Corporation)(Case overview), Mondaq Business Briefing; September 13, 2011
Fitch Affirms Idaho Housing and Finance Association’s 2003 Indenture Bonds Ratings; Outlook Stable, Wireless News; July 8, 2013
DEAL IN FOCUS: New York EFC Trying Out New SRF Indenture With $142.5 Million Sale.(Northeast), The Bond Buyer; May 24, 2010
A Comparative Analysis of Two Failed Indenture Experiences in Post-Emancipation Caribbean: British Guiana (1838-1843) and Danish St. Croix (1863-1868), Ibero-americana; January 1, 2012; Roopnarine, Lomarsh
Federal Appeals Court Finds No Default Under Indenture Reporting Covenant.(UnitedHealth Group Inc.)(Wilmington Trust Corp.), Mondaq Business Briefing; January 5, 2009; Daniels, Thomas
AMC Entertainment Inc. Announces Execution of Supplemental Indentures, China Business Newsweekly; July 3, 2012
Distressed Debt: Investors Urged To Scrutinize Indentures., High Yield Report; April 24, 2006; Laughlin, Kate
Certificate of Indenture for Henry Barr, Family in Society: Essential Primary Sources; January 1, 2006
Akanthos: Eleventh Circuit Denies Noteholders’ Fraudulent Transfer Claims Due To No-Action Clause In Indenture.(Akanthos Capital Mgmt, LLC v. CompuCredit Holdings Corp), Mondaq Business Briefing; May 23, 2012
Delaware Supreme Court Provides Guidance On Interpretation Of “Boilerplate” Indenture Provisions.(Bank of New York Mellon Corp v. Liberty Media Corp)(Case overview), Mondaq Business Briefing; November 16, 2011
Colt to amend indentures [COLT]., Total Telecom Online; February 3, 2006
Fitch Affirms Utah Housing Corp’s Single Family Bonds (2001 Indenture) Ratings; Outlook Stable, Entertainment Close-up; March 19, 2013
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