The Allen & Overy Podcast

Trustee Discretion and The Keepwell Structure

May 21, 2021

In our latest edition of Trust Us, a podcast addressing hot topics for trustees in Asia Pacific, Louisa Ingham from our Corporate Trust & Agency team moderates a discussion covering trustee discretion and the use of Keepwell structures as a form of credit enhancement.

  • Trustee Discretion – When, why and how

Head of our Asia Pacific Corporate Trust & Agency team, Tim Beech, looks at when trustee discretion should be used, why due care and consideration need to be applied to its use and how it can be exercised in a manner that protects the interests of the trustee.

  • The Keepwell Structure as a credit enhancement – innovative, ineffective or both?

Senior Associate, Holly Hart, will outline the structure of a Keepwell bond, discuss the recent concerns regarding their ineffectiveness as a means to protect the holders in an insolvency and how it remains an effective credit enhancement feature for certain bond issuers and products.

The Trust Us series presents succinct overviews of hot topics for trustees in the APAC market and these podcasts are based on webinars hosted for clients.  Please note this episode was recorded on 18th May 2021 and references developments occurring at that time.

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