The Moses Singer Corporate Trust and Loan Agency practice helps international financial institutions serve their business customers effectively in complex fiduciary and agency transactions around the world. The firm provides legal guidance to these financial institutions in their capacities as indenture trustees, collateral and security agents, fiscal and paying agents, co-issuers of structured or securitized products, securities intermediaries and custodians, administrative agents and escrow agents. Our extensive corporate trust experience covers a diverse range of domestic and international financing transactions in a broad spectrum of industries.

We represent industry leaders engaged in the corporate trust and agency business in matters involving bond issuances, project finance, equipment finance, structured finance and ADRs. Our experience includes domestic and international matters, restructuring, default and bankruptcy matters, agency and trustee matters, M&A activity, technology acquisition and litigation.

Multi-Disciplinary Approach and International Capability

We draw upon experienced attorneys from our Banking & Finance, Corporate, Securities, Capital Markets & Financings, Bankruptcy & Creditor’s Rights and Litigation practices to effectively guide our corporate trust clients through the complicated high-stakes business and legal issues involved in each of the different phases of the transaction lifecycle. The firm has experience internationally, advising indenture trustees dealing with issuers world-wide in both originations and default situations. We have the added advantage of access to a global network of law firms in over 100 other jurisdictions.

Origination

We protect our clients’ interests in the structuring, negotiation and drafting of documentation, and by advising during the ongoing servicing and administration of matters through maturity. With respect to Origination, we provide representation for financial institutions acting as:

• Administrative and collateral agent
• Paying agent
• Registrar
• Escrow agent
• Calculation agent
• Exchange agent
• Conversion agent
• Indenture trustee
• Co-issuers
• Collateral agent and depository bank
• Offshore agent

The firm handles engagements across the entire financial spectrum including:

• Secured, senior, subordinated and convertible debt
• Custody, collateralized and escrow engagements
• PIK securities
• TIA-qualified and privately placed securities
• Rule 144A and Regulation S offerings
• US and international project financings
• Structured finance and securitization instruments – CDOs, MBS, ABS

Representation in Default, Restructuring and Bankruptcy Situations

The Corporate Trust practice advises trustees in default situations. We have extensive experience representing our clients in enforcement and complex restructuring situations and insolvency proceedings, both domestically and internationally, including serving on Creditors' Committees and as successor trustees.  We have been active participants on behalf of corporate trustees in default and insolvency situations in Bermuda, Brazil, the British Virgin Islands, England, France, Germany, Iceland, The Netherlands and Switzerland.

Aiding our clients to maximize the recoveries of trust beneficiaries, and other stakeholders for whom they act in default situations, is one of the most effective ways to protect our clients’ own interests, and our work in this area has gained the respect of noteholders and enhanced the reputations of our indenture trustee clients. Default situations typically are complicated, specialized and high-stakes and the firm’s bankruptcy and reorganization group provides invaluable assistance.

Litigation

We have extensive experience representing financial institutions in litigation at the trial and appellate levels of both domestic and foreign courts as plaintiffs and defendants in litigations arising from agency and fiduciary transactions. This includes defense of fiduciary duty, fraud and negligence cases, suits involving business providers under commercial contracts, and insolvency-related litigation concerning such subjects as adequate protection of liens, inter-creditor priority matters, avoidance or claw-back of transfers and litigation over reorganization plans. Our representations have included a number of multi-hundred million and billion dollar disputes.

^{Prior results do not guarantee a similar outcome.}