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You are reviewing the draft of an indenture. Which provision under the Investment Authority/Permitted Investments section would you have eliminated?

a. Commercial paper with an AA rating or better.
b. U.S. Treasury obligations or agency obligations.
c. Trustee and obligor shall have joint authority with regard to investments.
d. Permitted investments shall include such other investments as authorized by state fiduciary law.

User Nojhan
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1 Answer

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Final answer:

Eliminating the vague provision in the indenture related to state fiduciary law investments can prevent the trust from being exposed to broad and possibly risky investment choices. A more precise list of permitted investments should be detailed, focusing on safety, liquidity, and alignment with trust goals.

Step-by-step explanation:

In reviewing the draft of an indenture, specifically under the Investment Authority/Permitted Investments section, the provision 'Permitted investments shall include such other investments as authorized by state fiduciary law' could potentially be eliminated. This provision is vague and could grant overly broad discretion, which might not align with the investment objectives or risk tolerance of the trust. If state fiduciary laws are too permissive or unclear, this could expose the trust to undesirable risks.

Instead, a more precise list of permitted investments should be enumerated, with an emphasis on diversification, liquidity, and alignment with the trust's goals. It is essential to maintain the safety of principal and fulfill fiduciary duties while making investment decisions. Including explicit language that limits investments to those that meet the trust's specific objectives can mitigate potential risks.

User Aphex
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