Legal Opinion

Racepoint Partners, LLC v. JPMorgan Chase Bank, N.A

New York Court of Appeals

Decided April 1, 2010No. 6PublishedCited by 5 opinions

1Opinion of the Court

OPINION OF THE COURT

Pigott, J.

On February 7, 2001, the energy company Enron executed an indenture agreement with Chase Manhattan Bank (Chase), naming Chase as the indenture trustee for the holders of certain Enron notes. The agreement contained, in section 4.02, a standard provision setting forth a covenant by Enron

“[to] file with the Trustee [i.e. Chase], within 15 days after it files the same with the SEC [Securities and Exchange Commission], copies of its annual reports and of the information, documents and other reports . . . which the Company [i.e. Enron] is required to file with the SEC…

2Cases cited3 opinions

  1. AG Capital Funding Partners, L.P. v. State Street Bank & Trust Co.New York Court of Appeals · 2008
  2. UnitedHealth Group Inc. v. Wilmington Trust Co.Court of Appeals for the Eighth Circuit · 2008
  3. Affiliated Computer Services, Inc. v. Wilmington Trust Co.Court of Appeals for the Fifth Circuit · 2009

3Cited by5 opinions

  1. Quadrant Structured Products Co. v. VertinNew York Court of Appeals · 2014
  2. In re the Bank of New York MellonNew York Supreme Court · 2013
  3. ASR Levensverzekering NV v. reithorn ABS Funding PLCAppellate Division of the Supreme Court of the State of New York · 2013
  4. ASR Levensverzekering NV v. reithorn ABS Funding PLCAppellate Division of the Supreme Court of the State of New York · 2013
  5. CNH Diversified Opportunities Master Account v. Cleveland UnlimitedNew York Court of Appeals · 2020

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