A Deed of Release Debenture is utilized when a company has satisfied its obligations under a debenture and requires formal release of the security interests. This document is crucial in U.S. corporate finance transactions, particularly when refinancing or concluding secured lending arrangements. It must comply with federal securities laws, including the Trust Indenture Act and state-specific requirements. The deed formally documents the discharge of security, confirms satisfaction of secured obligations, and provides for the release of any registered charges.
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1. Parties: Identifies all parties involved in the release, including the debenture holder and issuer
2. Background: Details of the original debenture and circumstances leading to release
3. Definitions: Key terms used in the deed of release
4. Release Provisions: Specific terms of the release and discharge of the debenture
5. Effective Date: When the release becomes effective
6. Execution: Signature blocks and attestation requirements
1. Partial Release Provisions: Used when only part of the security is being released - applicable when releasing specific assets or obligations
2. Surviving Obligations: Details of any obligations that survive the release - applicable when certain obligations continue past the release
3. Consideration: Details of any payment or consideration for the release - applicable when the release is granted in exchange for payment
1. Original Debenture: Copy of the original debenture being released
2. Property Schedule: List of properties or assets being released from the security
3. Corporate Authorizations: Copies of relevant corporate resolutions authorizing the release
4. Release Documents: Forms required for filing with relevant authorities
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