Corporate Trustee Required. There shall at all times be a Trustee hereunder with respect to the Securities. The Trustee shall be a corporation organized and doing business under the laws of the United States or of any state thereof, authorized to exercise corporate trust powers, having a combined capital and surplus of at least $50,000,000, subject to supervision or examination by Federal or state authority and having an office within the United States. If such corporation publishes reports of condition at least annually, pursuant to law or to the requirements of such supervising or examining authority, then, for the purposes of this Section 6.1, the combined capital and surplus of such corporation shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this Section 6.1, it shall resign immediately in the manner and with the effect hereinafter specified in this Article VI.
Corporate Trustee Required. There shall at all times be a Trustee hereunder with respect to the Securities. The Trustee shall be a corporation or national banking association organized and doing business under the laws of the United States or of any state thereof, authorized to exercise corporate trust powers, having or having a parent that has a combined capital and surplus of at least $50,000,000, subject to supervision or examination by Federal or state authority and having an office within the United States. If such entity publishes reports of condition at least annually, pursuant to law or to the requirements of such supervising or examining authority, then, for the purposes of this Section 6.1, the combined capital and surplus of such entity shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this Section 6.1, it shall resign immediately in the manner and with the effect hereinafter specified in this Article VI.
Corporate Trustee Required. 40 Section 6.2. Certain Duties and Responsibilities..................... 40 -ii- TABLE OF CONTENTS (continued)
Corporate Trustee Required. 42 SECTION 6.2. Certain Duties and Responsibilities...................................... 42 SECTION 6.3. Notice of Defaults....................................................... 43 SECTION 6.4. Certain Rights of Trustee................................................ 43 SECTION 6.5. May Hold Securities...................................................... 45 SECTION 6.6. Compensation; Reimbursement; Indemnity................................... 45 SECTION 6.7. Resignation and Removal; Appointment of Successor........................ 46 SECTION 6.8. Acceptance of Appointment by Successor................................... 47 SECTION 6.9. Merger, Conversion, Consolidation or Succession to Business.............. 48 SECTION 6.10. Not Responsible for Recitals or Issuance of Securities................... 48 SECTION 6.11. Appointment of Authenticating Agent...................................... 48 EXHIBIT D
Corporate Trustee Required. Eligibility. There shall at all times be a Trustee hereunder which shall be eligible to act as Trustee under TIA Section 310(a) and shall have a combined capital and surplus of at least $50,000,000. If such corporation publishes reports of condition at least annually, pursuant to law or to the requirements of federal, state, territorial or District of Columbia supervising or examining authority, then for the purposes of this Section, the combined capital and surplus of such corporation shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this Section, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.
Corporate Trustee Required. 42 SECTION 6.2. Certain Duties and Responsibilities..................... 42 SECTION 6.3. Notice of Defaults...................................... 44 SECTION 6.4. Certain Rights of Trustee............................... 44 SECTION 6.5. May Hold Securities..................................... 46
Corporate Trustee Required. There shall at all times be a Trustee hereunder with respect to the Securities. The Trustee must satisfy the requirements of TIA §310(a). The Trustee shall be a corporation organized and doing business under the laws of the United States or of any state thereof, authorized to exercise corporate trust powers, having a combined capital and surplus of at least $50,000,000, subject to supervision or examination by Federal or state authority and having an office within the United States, and rated at least A-1 by Standard & Poor’s Corporation and P-1 by Xxxxx’x Investors Services. If such corporation publishes reports of condition at least annually, pursuant to law or to the requirements of such supervising or examining authority, then, for the purposes of this Section 6.1, the combined capital and surplus of such corporation shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this Section 6.1, it shall resign immediately in the manner and with the effect hereinafter specified in this Article VI.
Corporate Trustee Required. Eligibility --------------------------------------- There shall at all times be a Trustee hereunder which shall be eligible to act as trustee under the Trust Indenture Act and which shall have a combined capital and surplus of at least $50,000,000. If the Trustee does not have an office in The City of New York, the Trustee may appoint an agent in The City of New York reasonably acceptable to the Company to conduct any activities which the Trustee may be required under this Indenture to conduct in The City of New York. If the Trustee does not have an office in The City of New York or has not appointed an agent in The City of New York, the Trustee shall be a participant in The Depository Trust Company and FAST distribution systems. If such corporation publishes reports of condition at least annually, pursuant to law or to the requirements of a United States federal, state, territorial or District of Columbia supervising or examining authority, then for the purposes of this Section 609, the combined capital and surplus of such corporation shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this Section 609, the Trustee shall resign immediately in the manner and with the effect hereinafter specified in this Article.
Corporate Trustee Required. Section 6.2. Certain Duties and Responsibilities Section 6.3. Notice of Defaults Section 6.4. Certain Rights of Trustee
Corporate Trustee Required. ELIGIBILITY. There will at all times be a Trustee hereunder which will be eligible to act as Trustee, under TIA Section 310(a)(1) and will have a combined capital and surplus of at least $10,000,000 in the case of the initial Trustee hereunder and $50,000,000 in the case of any successor Trustee. If such corporation publishes reports of condition at least annually, pursuant to law or to the requirements of federal, state, territorial or District of Columbia supervising or examining authority, then for the purposes of this Section 6.7, the combined capital and surplus of such ----------- corporation will be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Trustee will cease to be eligible in accordance with the provisions of this Section, it will resign immediately in the manner with which the effect hereinafter specified in this Article 6. ---------
