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Re: None

Thursday, 08/22/2013 8:47:12 PM

Thursday, August 22, 2013 8:47:12 PM

Post# of 111133
Researching the Trust Indenture act of 1939 - that these TRuPs must comply with.

It appears that under section 312, the indentured trustee has to furnish a complete list of security holders so that we may communicate with each other. Has to be three security holders that have owned for 6 months +

LINK
http://ftp.sec.gov/about/laws/tia39.pdf

From section 312-
BONDHOLDERS LISTS
SEC. 312. (a) Each obligor upon the indenture securities shall
furnish or cause to be furnished to the institutional trustee there­under at stated intervals of not more than six months, and at such other times as such trustee may request in writing, all information in the possession or control of such obligor, or of any of its paying agents, as to the names and addresses of the indenture security holders, and requiring such trustee to preserve, in as current a form as is reasonably practicable, all such information so furnished to it or received by it in the capacity of paying agent.
(b) Within five business days after the receipt by the institu­
tional trustee of a written application by any three or more inden­ture security holders stating that the applicants desire to commu­nicate with other indenture security holders with respect to their rights under such indenture or under the indenture securities, and accompanied by a copy of the form of proxy or other communication which such applicants propose to transmit, and by reasonable proof that each such applicant has owned an indenture security for a pe­riod of at least six months preceding the date of such application,
such institutional trustee shall, at its election, either—
(1) afford to such applicants access to all information so
furnished to or received by such trustee; or
(2) inform such applicants as to the approximate number
of indenture security holders according to the most recent in­
formation so furnished to or received by such trustee, and as
to the approximate cost of mailing to such indenture security
holders the form of proxy or other communication, if any, speci­
fied in such application.
If such trustee shall elect not to afford to such applicants access to such information, such trustee shall, upon the written request of such applicants, mail to all such indenture security holders cop­ies of the form of proxy or other communication which is specified in such request, with reasonable promptness after a tender to such trustee of the material to be mailed and of payment, or provision for the payment, of the reasonable expenses of such mailing, unless within five days after such tender, such trustee shall mail to such applicants, and file with the Commission together with a copy of the material to be mailed, a written statement to the effect that,
in the opinion of such trustee, such mailing would be contrary to
the best interests of the indenture security holders or would be in violation of applicable law. Such written statement shall specify the basis of such opinion. After opportunity for hearing upon the objections specified in the written statement so filed, the Comm...