SEC Division of Corporation Finance no-action letter: Arch Wireless Inc.

The Division of Corporation Finance states that including Section 11.05(a) in the indentures for Arch Wireless Holdings, Inc.'s 10% and 12% Notes will not prevent qualification under the Trust Indenture Act of 1939. This position relies on provisions allowing the disposition of specified collateral in the ordinary course of business, provided semi-annual certificates confirm such actions and the use of proceeds, alongside the delivery of annual audited financial statements. The Division notes that different facts or conditions might require a different conclusion and clarifies that this response addresses only enforcement action.

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Trust Indenture Act - Section 314(d)

No Action, Interpretive and/or Exemptive Letter:

May 24, 2002

Response of the Office of Chief Counsel Division of Corporation Finance

Re:

Arch Wireless Holdings, Inc. Incoming letter dated May 24, 2002

Based of the facts presented, it is the Division's view that the inclusion of sections 11.05(a) of the indentures would not prevent the qualification of the indentures under the Trust Indenture Act of 1939. In reaching this position, we note that:

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Source: Securities and Exchange Commission — original document · Summary generated with machine assistance and reviewed before publication; the authoritative text is the regulator's original document. How RegAlert works