Page:United States Statutes at Large Volume 104 Part 4.djvu/413

 PUBLIC LAW 101-550 —NOV. 15, 1990 104 STAT. 2729 SEC. 411. REPORTS BY INDENTURE TRUSTEE. Section 313(a) of the Trust Indenture Act of 1939 (15 U.S.C. 77mmm(a)) is amended— (1) by striking "The indenture to be qualified shall contain provisions requiring the indenture trustee to" and inserting "The indenture trustee shall"; (2) by inserting after "a brief report with respect to" the following: "any of the following events which may have occurred within the previous 12 months (but if no such event has occurred within such period no report need be transmitted):"; (3) by inserting after the paragraph designation at the beginning of paragraphs (1), (4), and (5) the following: "any change to"; (4) in paragraph (1) by striking ", or in lieu thereof, if to the best of its knowledge it has continued to be eligible and qualified under such section, a written statement to such effect"; and (5)(A) by redesignating paragraphs (2) through (7) as paragraphs (3) through (8), respectively; and (B) by inserting after paragraph (1) the following: "(2) the creation of or any material change to a relationship specified in paragraph (1) through (10) of section 310(b);". SEC. 412. BONDHOLDER COMMUNICATIONS. Section 313 of the Trust Indenture Act of 1939 (15 U.S.C. 77mmm) is amended— (1) by striking "The indenture to be qualified shall also contain provisions requiring the indenture trustee to" in subsection (b) and inserting "The indenture trustee shall"; (2) by striking "The indenture to be qualified shall also provide that reports" in subsection (c) and inserting "Reports"; and (3) by striking "The indenture to be qualified shall also provide that a copy" in subsection (d) and inserting "A copy". SEC. 413. REPORTS BY OBLIGOR; EVIDENCE OF COMPLIANCE WITH INDENTURE PROVISIONS. Section 314 of the Trust Indenture Act of 1939 (15 U.S.C. 77nnn) is amended— (1) by striking "The indenture to be qualified shall contain provisions requiring each" in subsection (a) and inserting "Each"; (2) by inserting "shall" after "thereby" in such subsection; (3) by striking "to" after the paragraph designation at the beginning of paragraphs (1), (2), and (3) of subsection (a); (4) by striking "and" at the end of paragraph (2) of subsection (a); (5) by striking the period at the end of paragraph (3) of suljsection (a) and inserting "; and"; (6) by adding at the end of subsection (a) the following new paragraph: "(4) furnish to the indenture trustee, not less often than annually, a brief certificate from the principal executive officer, principal financial officer or principal accounting officer as to his or her knowlec^e of such obligor's compliance with all conditions and covenants under the indenture. For purposes of this paragraph, such compliance shall be determined without

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