(a) Imposed duties to controlIf any provision of the indenture to be qualified limits, qualifies, or conflicts with the duties imposed by operation of subsection (c) of this section, the imposed duties shall control.
(b) Additional provisionsThe indenture to be qualified may contain, in addition to provisions specifically authorized under this subchapter to be included therein, any other provisions the inclusion of which is not in contravention of any provision of this subchapter.
(c) Provisions governing qualified indenturesThe provisions of sections 77jjj to and including 77qqq of this title that impose duties on any person (including provisions automatically deemed included in an indenture unless the indenture provides that such provisions are excluded) are a part of and govern every qualified indenture, whether or not physically contained therein, shall be deemed retroactively to govern each indenture heretofore qualified, and prospectively to govern each indenture hereafter qualified under this subchapter and shall be deemed retroactively to amend and supersede inconsistent provisions in each such indenture heretofore qualified. The foregoing provisions of this subsection shall not be deemed to effect the inclusion (by retroactive amendment or otherwise) in the text of any indenture heretofore qualified of any of the optional provisions contemplated by section 77jjj(b)(1), 77kkk(b), 77nnn(d), 77ooo(a), 77ooo(b), 77ooo(d), 77ooo(e), or 77ppp(a)(1) of this title.
Structure US Code
CHAPTER 2A— SECURITIES AND TRUST INDENTURES
SUBCHAPTER III— TRUST INDENTURES
§ 77bbb. Necessity for regulation
§ 77ddd. Exempted securities and transactions
§ 77eee. Securities required to be registered under Securities Act
§ 77fff. Securities not registered under Securities Act
§ 77ggg. Qualification of indentures covering securities not required to be registered
§ 77hhh. Integration of procedure with Securities Act and other Acts
§ 77iii. Effective time of qualification
§ 77jjj. Eligibility and disqualification of trustee
§ 77kkk. Preferential collection of claims against obligor
§ 77mmm. Reports by indenture trustee
§ 77nnn. Reports by obligor; evidence of compliance with indenture provisions
§ 77ooo. Duties and responsibility of the trustee
§ 77qqq. Special powers of trustee; duties of paying agents
§ 77rrr. Effect of prescribed indenture provisions
§ 77sss. Rules, regulations, and orders
§ 77ttt. Hearings by Commission
§ 77uuu. Special powers of the Commission
§ 77www. Liability for misleading statements
§ 77xxx. Unlawful representations
§ 77zzz. Effect on existing law