Common use of Eligibility; Disqualification Clause in Contracts

Eligibility; Disqualification. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section 310(a)(1), (2) and (5). The Trustee shall always have a combined capital and surplus of at least $25,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section 310(b).

Appears in 93 contracts

Samples: Senior Debt Indenture (Ameris Bancorp), Indenture (United Community Banks Inc), Indenture (United Community Banks Inc)

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Eligibility; Disqualification. This (a) The Indenture Trustee shall always have a Trustee who satisfies at all times satisfy the requirements of TIA Section 310(a)(1), (2) and (5310(a). The Indenture Trustee or its parent shall always have a combined capital and surplus of at least $25,000,000 50,000,000 as set forth in its most recent published annual report of conditioncondition and shall have a long-term debt rating acceptable to each of the Rating Agencies. The Indenture Trustee shall comply with TIA Section 310(b).

Appears in 82 contracts

Samples: Indenture (CarMax Auto Owner Trust 2024-3), Indenture (Carmax Auto Funding LLC), Indenture (CarMax Auto Owner Trust 2024-2)

Eligibility; Disqualification. This (a) The Indenture Trustee shall always have a Trustee who satisfies at all times satisfy the requirements of TIA Section 310(a)(1), (2) and (5310(a). The Indenture Trustee or its parent shall always have a combined capital and surplus of at least $25,000,000 50,000,000 as set forth in its most recent published annual report of conditioncondition and shall have a long-term debt rating of investment grade by each of the Rating Agencies or shall otherwise be acceptable to each of the Rating Agencies. The Indenture Trustee shall comply with TIA Section 310(b).

Appears in 75 contracts

Samples: Indenture (CarMax Auto Owner Trust 2013-2), Indenture (CarMax Auto Owner Trust 2013-1), Indenture (CarMax Auto Owner Trust 2012-2)

Eligibility; Disqualification. This Indenture The Trustee shall always have a Trustee who satisfies at all times satisfy the requirements of TIA Section Sections 310(a)(1), (2) and (5310(b). The Trustee (or its parent holding company) shall always have a combined capital and surplus of at least $25,000,000 50,000,000 as set forth in its most recent published annual report of condition. The Nothing herein contained shall prevent the Trustee shall comply from filing with the Commission the application referred to in the penultimate paragraph of TIA Section 310(b).

Appears in 54 contracts

Samples: Indenture (RPM International Inc/De/), Indenture (Best Buy Co Inc), Indenture (Best Buy Co Inc)

Eligibility; Disqualification. This Indenture shall always have a Trustee who which satisfies the requirements of TIA Section 310(a)(1), (2) and (5). The Trustee shall always have a combined capital and surplus of at least $25,000,000 50,000,000 as set forth in its most recent published annual report of condition. The Trustee shall also comply with TIA Section 310(b).

Appears in 36 contracts

Samples: Zion Oil & Gas Inc, Zion Oil & Gas Inc, Chesapeake Energy Corp

Eligibility; Disqualification. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section 310(a)(1), (2) and (5). The Trustee shall always have ) and has a combined capital and surplus of at least $25,000,000 as set forth in its most recent published annual report of condition50,000,000. The Trustee shall comply with TIA Section 310(b).

Appears in 35 contracts

Samples: Indenture (Ispire Technology Inc.), Indenture (Olb Group, Inc.), Indenture (Ostin Technology Group Co., Ltd.)

Eligibility; Disqualification. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section § 310(a)(1), (2) and (5). The Trustee shall always have a combined capital and surplus of at least $25,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section § 310(b).

Appears in 34 contracts

Samples: Indenture (Zentalis Pharmaceuticals, Inc.), Indenture (PKST Op, L.P.), Indenture (Precision Biosciences Inc)

Eligibility; Disqualification. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section § 310(a)(1), ) and (2) and (5)in every respect. The Trustee (together with its corporate parent) shall always have a combined capital and surplus of at least $25,000,000 50,000,000 as set forth in its the most recent applicable published annual report of condition. The Trustee shall comply with TIA Section § 310(b), including the provision in § 310(b)(1).

Appears in 25 contracts

Samples: Indenture (Trilogy International Partners Inc.), Indenture (Meritage Homes CORP), Meritage Homes CORP

Eligibility; Disqualification. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section 310(a)(1), (2) and (5). The Trustee shall always have a combined capital and surplus of at least $25,000,000 as set forth stated in its most recent published annual report of conditionSection 10.10. The Trustee shall comply with is subject to TIA Section 310(b)) regarding the disqualification of a trustee upon acquiring a conflicting interest.

Appears in 16 contracts

Samples: Indenture (Praegitzer Industries Trust I), Indenture (Amkor Technology Inc), Indenture (Vlsi Technology Inc)

Eligibility; Disqualification. This Indenture shall always have a The Trustee who satisfies will at all times satisfy the requirements of TIA Section 310(a)(1), (2) and (5310(a). The Trustee will at all times have (or shall always have be a member of a bank holding company system whose parent corporation has) a combined capital and surplus of at least $25,000,000 50,000,000 as set forth in its most recent recently published annual report of condition, which will be deemed for this paragraph to be its combined capital and surplus. The Trustee shall will comply with TIA Section 310(b).

Appears in 12 contracts

Samples: Indenture (National Storage Affiliates Trust), Indenture (National Storage Affiliates Trust), Indenture (Ready Capital Corp)

Eligibility; Disqualification. This The Indenture Trustee shall always have a Trustee who satisfies at all times satisfy the requirements of Section 310(a) of the TIA Section 310(a)(1), (2) and (5). The Trustee shall always in addition have a combined capital and surplus of at least $25,000,000 50,000,000 (as set forth in its most recent published annual report of condition) and shall have a long-term debt rating of “A” or better by Fitch and “A” or better by Standard & Poor’s or shall otherwise be acceptable to each Rating Agency. The Indenture Trustee shall comply with TIA satisfy the requirements of Section 310(b)) of the TIA.

Appears in 12 contracts

Samples: Indenture (Mercedes-Benz Auto Lease Trust 2021-B), Indenture (Mercedes-Benz Auto Lease Trust 2021-B), Indenture (Mercedes-Benz Auto Lease Trust 2020-B)

Eligibility; Disqualification. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section § 310(a)(1), (2) and (5). The Trustee shall always have a combined capital and surplus of at least $25,000,000 50,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section § 310(b).

Appears in 12 contracts

Samples: Palantir Technologies Inc., Indenture (Transenterix, Inc.), Sunoco, LLC

Eligibility; Disqualification. This Indenture (a) The Trustee shall always have a Trustee who satisfies at all times satisfy the requirements of TIA Section 310(a)(1), (2310(a) and (5). The Trustee shall always in addition have a combined capital and surplus of at least $25,000,000 50,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section 310(b); provided, however, that there shall be excluded from the operation of TIA Section 310(b)(1) any indenture or indentures under which other securities of the Issuer are outstanding if the requirements for such exclusion set forth in TIA Section 310(b)(1) are met.

Appears in 12 contracts

Samples: Indenture (WFS Financial 2004-4 Owner Trust), Indenture (WFS Financial 2005-3 Owner Trust), Indenture (WFS Receivables Corp 3)

Eligibility; Disqualification. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section Sections 310(a)(1), (2) and (5)) in every respect. The Trustee shall always have a combined capital and surplus of at least $25,000,000 150,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section 310(b), including the provision in Section 310(b)(1).

Appears in 12 contracts

Samples: Lamar Media Corp/De, Lamar Advertising Co/New, Lamar Media Corp/De

Eligibility; Disqualification. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section § 310(a)(1), ) and (2) and (5)in every respect. The Trustee (together with its corporate parent) shall always have a combined capital and surplus of at least $25,000,000 100,000,000 as set forth in its the most recent applicable published annual report of condition. The Trustee shall comply with TIA Section § 310(b), including the provision in § 310(b)(1).

Appears in 11 contracts

Samples: M/I Homes, Inc., Indenture (M I Homes Inc), M/I Homes, Inc.

Eligibility; Disqualification. This The Indenture Trustee shall always have a Trustee who satisfies at all times satisfy the requirements of TIA Section 310(a)(1), (2) and (5310(a). The Indenture Trustee or its parent shall always have a combined capital and surplus of at least $25,000,000 50,000,000 as set forth in its most recent published annual report of conditioncondition and shall have a long-term debt rating of investment grade by each of the Rating Agencies or shall otherwise be acceptable to each of the Rating Agencies. The Indenture Trustee shall comply with TIA Section 310(b).

Appears in 11 contracts

Samples: Indenture (Mmca Auto Receivables Inc), Indenture (Pooled Auto Securities Shelf LLC), Indenture (Carmax Auto Funding LLC)

Eligibility; Disqualification. This The Indenture Trustee shall always have a Trustee who satisfies at all times satisfy the requirements of Section 310(a) of the TIA Section 310(a)(1), (2) and (5). The Trustee shall always in addition have a combined capital and surplus of at least $25,000,000 50,000,000 (as set forth in its most recent published annual report of condition) and shall have a long-term debt rating of “A3” or better by Xxxxx’x and “A” or better by Standard & Poor’s or shall otherwise be acceptable to each Rating Agency. The Indenture Trustee shall comply with TIA satisfy the requirements of Section 310(b)) of the TIA.

Appears in 10 contracts

Samples: Indenture (Mercedes-Benz Auto Lease Trust 2023-A), Indenture (Mercedes-Benz Auto Lease Trust 2023-A), Indenture (Mercedes-Benz Auto Lease Trust 2021-A)

Eligibility; Disqualification. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section ss. 310(a)(1), (2) and (5). The Trustee shall always have a combined capital and surplus of at least $25,000,000 10,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section ss. 310(b).

Appears in 10 contracts

Samples: Indenture (Collins & Aikman Products Co), Indenture (Collins & Aikman Products Co), Indenture (Collins & Aikman Products Co)

Eligibility; Disqualification. This The Indenture Trustee shall always have a Trustee who satisfies at all times satisfy the requirements of TIA Section 310(a)(1), (2) and (5310(a). The Indenture Trustee or its parent shall always have a combined capital and surplus of at least $25,000,000 50,000,000 as set forth in its most recent published annual report of condition, and it shall have a long term, senior unsecured debt rating of investment grade or better by Standard & Poor’s and DBRS or shall otherwise be acceptable to each Rating Agency. The Indenture Trustee shall comply with TIA Section 310(b).

Appears in 9 contracts

Samples: California Republic (California Republic Auto Receivables Trust 2018-1), California Republic (California Republic Auto Receivables Trust 2018-1), California Republic (California Republic Auto Receivables Trust 2017-1)

Eligibility; Disqualification. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section 310(a)(1), (2) and (5). The Trustee shall always have a combined capital and surplus of at least $25,000,000 50,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section 310(b).

Appears in 9 contracts

Samples: Iron Mountain Incorporated (Iron Mountain Inc), Senior Indenture (Iron Mountain Inc), Iron Mountain Incorporated (Iron Mountain Inc)

Eligibility; Disqualification. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section Sections 310(a)(1), (2310(a)(2) and (5310(a)(5). The Trustee shall always have a combined capital and surplus of at least $25,000,000 100,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section 310(b).

Appears in 9 contracts

Samples: Indenture (First Guaranty Bancshares, Inc.), Indenture (First Guaranty Bancshares, Inc.), Indenture (Esquire Financial Holdings, Inc.)

Eligibility; Disqualification. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section 310(a)(1), (2) and (5). The Trustee shall always have a combined capital and surplus of at least $25,000,000 1 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section 310(b).

Appears in 8 contracts

Samples: Indenture (Sovereign Credit Finance Ii Inc), Indenture (Sovereign Credit Finance I Inc), Indenture (Sovereign Credit Finance Ii Inc)

Eligibility; Disqualification. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section 310(a)(1), (2) and (5)) in every respect. The Trustee (together with its corporate parent) shall always have a combined capital and surplus of at least $25,000,000 50 million as set forth in its the most recent applicable published annual report of condition. The Trustee shall comply with TIA Section 310(b), including the provision in Section 310(b)(1).

Appears in 8 contracts

Samples: Intertape Woven Products Services S.A. De C.V., Indenture (Pharma Services Intermediate Holding Corp), Indenture (Donnelley R H Inc)

Eligibility; Disqualification. This The Indenture Trustee shall always have a Trustee who satisfies at all times satisfy the requirements of TIA Section 310(a)(1), (2) and (5310(a). The Indenture Trustee or its parent shall always have a combined capital and surplus of at least $25,000,000 50,000,000 as set forth in its most recent published annual report of conditioncondition and shall have a long term debt rating of “A-” or better by Standard & Poor’s and “A” or better by Fitch or shall otherwise be acceptable to each Rating Agency. The Indenture Trustee shall comply with TIA Section 310(b).

Appears in 8 contracts

Samples: Indenture (Mercedes-Benz Auto Receivables Trust 2023-2), Indenture (Mercedes-Benz Auto Receivables Trust 2023-2), Indenture (Mercedes-Benz Auto Receivables Trust 2023-1)

Eligibility; Disqualification. This Indenture shall always have a Trustee who that satisfies the requirements of TIA Section 310(a)(1), (2) and (5310(a). The Trustee shall always have a combined capital and surplus of at least $25,000,000 5,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section 310(b), provided that the question whether the Trustee has a conflicting interest shall be determined as if each series of Securities were separate issues of securities issued under separate indentures.

Appears in 8 contracts

Samples: Lockheed Martin Corp, Lockheed Martin Corp, Indenture (Lockheed Martin Corp)

Eligibility; Disqualification. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section 310(a)(1), ) and (2) and (5)in every respect. The Trustee (together with its corporate parent) shall always have a combined capital and surplus of at least $25,000,000 100,000,000 as set forth in its the most recent applicable published annual report of condition. The Trustee shall comply with TIA Section 310(b), including the provision in Section 310(b)(1).

Appears in 8 contracts

Samples: Imc Global Inc, Indenture (River Marine Terminals Inc), Indenture (Res Care Inc /Ky/)

Eligibility; Disqualification. This Indenture The Notes shall always have a Trustee who satisfies the requirements of TIA Section 310(a)(1), (2) and (5). The Trustee shall always have a combined capital and surplus of at least $25,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with is subject to TIA Section 310(b).

Appears in 8 contracts

Samples: Escrow Agreement (Owens-Illinois Group Inc), Indenture (Owens-Illinois Group Inc), Indenture (Owens Illinois Group Inc)

Eligibility; Disqualification. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section ss. 310(a)(1), (2) and (5). The Trustee shall always have a combined capital and surplus of at least $25,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section ss. 310(b).

Appears in 8 contracts

Samples: Indenture (SFX Broadcasting Inc), SFX Broadcasting (SFX Broadcasting Inc), Indenture (Chartered Semiconductor Manufacturing LTD)

Eligibility; Disqualification. This Indenture The Trustee shall always have a Trustee who satisfies at all times satisfy the requirements of TIA Section 310(a)(1), (2) and (5TIA Section 310(a)(5). The Trustee shall always have a combined capital and surplus of at least $25,000,000 100,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section 310(b).

Appears in 8 contracts

Samples: Indenture (Us Foodservice/Md/), Tia Indenture (Jazz Casino Co LLC), Rights Agreement (JCC Holding Co)

Eligibility; Disqualification. This The Indenture Trustee shall always have a Trustee who satisfies at all times satisfy the requirements of TIA Section 310(a)(1), (2) and (5310(a). The Indenture Trustee or its parent shall always have a combined capital and surplus of at least $25,000,000 50,000,000 as set forth in its most recent published annual report of conditioncondition and shall have a long term debt rating of “A-” or better by Standard & Poor’s and “Baa3” or better by Xxxxx’x or shall otherwise be acceptable to each Rating Agency. The Indenture Trustee shall comply with TIA Section 310(b).

Appears in 7 contracts

Samples: Indenture (Mercedes-Benz Auto Receivables Trust 2021-1), Indenture (Mercedes-Benz Auto Receivables Trust 2021-1), Indenture (Mercedes-Benz Auto Receivables Trust 2019-1)

Eligibility; Disqualification. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section Sections 310(a)(1), (2) and (5)) in every respect. The Trustee shall always have a combined capital and surplus of at least $25,000,000 100,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section 310(b), including the provision in Section 310(b)(1).

Appears in 7 contracts

Samples: Indenture (Scenic Outdoor Marketing of Consulting Inc), Lamar Advertising Co/New, Lamar Advertising Co

Eligibility; Disqualification. This Indenture The Trustee shall always have a Trustee who satisfies at all times satisfy the requirements of TIA Section ss. 310(a)(1), (2) and (5). The Trustee shall always have a combined capital and surplus of at least $25,000,000 10,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section ss. 310(b).

Appears in 7 contracts

Samples: Indenture (Pricellular Corp), Indenture and Assumption Agreement (Centennial Cellular Corp), American Cellular Corp /De/

Eligibility; Disqualification. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section 310(a)(1), ) and (2) and (5)in every respect. The Trustee shall always have a combined capital and surplus of at least $25,000,000 100,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section 310(b), including the provision in Section 310(b)(1).

Appears in 7 contracts

Samples: Indenture (Cole National Group Inc), TWP Capital Corp Ii, Target Directories of Michigan Inc

Eligibility; Disqualification. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section 310(a)(1), (2) and (5). The Trustee shall always have a combined capital and surplus of at least $25,000,000 10,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section 310(b).

Appears in 6 contracts

Samples: Indenture (MDC Holdings Inc), Indenture (Horton D R Inc /De/), Indenture (Horton D R Inc /De/)

Eligibility; Disqualification. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section ss. 310(a)(1), (2) and (5). The Trustee shall always have a combined capital and surplus of at least $25,000,000 50,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section ss. 310(b), including the optional provision permitted by the second sentence of TIA ss. 310(b)(9).

Appears in 6 contracts

Samples: Indenture (Rent Way Inc), Indenture (Interpool Inc), Indenture (Alternative Living Services Inc)

Eligibility; Disqualification. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section (S) 310(a)(1), (2) and (5). The Trustee shall always have a combined capital and surplus of at least $25,000,000 10,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section (S) 310(b).

Appears in 6 contracts

Samples: Indenture (Standard Pacific Corp /De/), Indenture (Standard Pacific Corp /De/), Indenture (Standard Pacific Corp /De/)

Eligibility; Disqualification. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section 310(a)(1310(a) (1), (2) and (5). The Trustee shall always have a combined capital and surplus of at least $25,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section 310(b).

Appears in 6 contracts

Samples: China Natural Resources Inc, GTT Communications, Inc., Indenture (Discovery Laboratories Inc /De/)

Eligibility; Disqualification. This Indenture The Trustee shall always have a Trustee who satisfies at all times satisfy the requirements of TIA Section 310(a)(1), (2) and (5§ 310(a). The Trustee shall always have a combined capital and surplus of at least $25,000,000 50 million as set forth in its most recent published recently filed annual report of condition. The Trustee shall comply with TIA Section § 310(b).

Appears in 6 contracts

Samples: Indenture (Aar Corp), Indenture (Aar Corp), Indenture (PSS World Medical Inc)

Eligibility; Disqualification. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section § 310(a)(1), ) and (2) and (5)in every respect. The Trustee (together with its corporate parent) shall always have a combined capital and surplus of at least $25,000,000 75,000,000 as set forth in its the most recent applicable published annual report of condition. The Trustee shall comply with TIA Section § 310(b), including the provision in § 310(b)(1).

Appears in 6 contracts

Samples: Indenture (William Lyon Homes Inc), Indenture (William Lyon Homes), Indenture (William Lyon Homes)

Eligibility; Disqualification. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section (S) 310(a)(1), (2) and (5). The Trustee shall always have a combined capital and surplus of at least $25,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section (S) 310(b).

Appears in 6 contracts

Samples: Danaher Corp /De/, Sunburst Hospitality Corp, Nike Inc

Eligibility; Disqualification. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section 310(a)(1), (2) and (5310(a). The Trustee shall always have a combined capital and surplus of at least $25,000,000 100 million (or be a member or subsidiary of a bank holding system with aggregate combined capital and surplus of at least $100 million) as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section 310(b).

Appears in 5 contracts

Samples: Indenture (Trism Inc /De/), Indenture (Golden Books Family Entertainment Inc), Indenture (Trism Inc /De/)

Eligibility; Disqualification. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section 310(a)(1), (2) and (5). The Trustee shall always have a combined capital and surplus of at least $25,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section 310(b), including the optional provision permitted by the second sentence of TIA Section 310(b)(9).

Appears in 5 contracts

Samples: Indenture (Thorn Apple Valley Inc), Indenture (Lexington Precision Corp), Indenture (Thorn Apple Valley Inc)

Eligibility; Disqualification. This Indenture shall always have a Trustee who which satisfies the requirements of TIA Section 310(a)(1), (2S)310(a)(1) and (5). The Trustee shall always have a combined capital and surplus of at least $25,000,000 50,000,000 as set forth in its most recent published annual report of condition. The Trustee shall also comply with TIA Section 310(b(S)310(b).

Appears in 5 contracts

Samples: Indenture (Enron Capital & Trade Resources Corp), Pledge Agreement (Gothic Energy Corp), Brigham Exploration Co

Eligibility; Disqualification. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section 310(a)(1), (2) and (5). The Trustee shall always have a combined capital and surplus of at least $25,000,000 500,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section 310(b), including the optional provision permitted by the second sentence of TIA Section 310(b)(9).

Appears in 5 contracts

Samples: Trust Indenture (Cornerstone Ministries Investments Inc), Trust Indenture (Pif/Cornerstone Ministries Investments Inc), Pif/Cornerstone Ministries Investments Inc

Eligibility; Disqualification. This Indenture The Trustee shall always have a Trustee who satisfies at all times satisfy the requirements of TIA Section 310(a)(1), (2) and (5). The Trustee shall always have a combined capital and surplus of at least $25,000,000 10,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section 310(b).

Appears in 5 contracts

Samples: Price Communications Corp, Centennial Communications Corp /De, Centennial Communications Corp /De

Eligibility; Disqualification. This Indenture shall must always have a Trustee who that satisfies the requirements of TIA Section 310(a)(1), (2310(a) and (5). The Trustee shall always have has a combined capital and surplus of at least $25,000,000 100,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with is subject to TIA Section 310(b).

Appears in 5 contracts

Samples: Indenture (NXP Semiconductors N.V.), NXP Semiconductors N.V., NXP Semiconductors N.V.

Eligibility; Disqualification. This Indenture The Trustee shall always have a Trustee who satisfies at all times satisfy the requirements of TIA Section 310(a)(1), (2) and (5Section 310(a)(5). The Trustee shall always have a combined capital and surplus of at least $25,000,000 50,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section 310(b).

Appears in 5 contracts

Samples: Execution Copy (Viatel Inc), Indenture (Capital Trust), Indenture (Wellsford Real Properties Inc)

Eligibility; Disqualification. This Indenture The Trustee shall always have a Trustee who satisfies at all times satisfy the requirements of TIA Section 310(a)(1), (2) and (5TIA Section 310(a)(5). The Trustee shall always have a combined capital and surplus of at least $25,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section 310(b).

Appears in 5 contracts

Samples: Indenture (World Color Press Inc /De/), Indenture (Trump Atlantic City Funding Iii Inc), Indenture (Trump Communications LLC)

Eligibility; Disqualification. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section 310(a)(1), (2) and (5ss.310(a)(1). The Trustee shall always have a combined capital and surplus of at least $25,000,000 10,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section 310(bss.310(b).

Appears in 5 contracts

Samples: Indenture (MDC Holdings Inc), Indenture (Key Production Co Inc), Indenture (MDC Holdings Inc)

Eligibility; Disqualification. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section 310(a)(1), (2) and (5). The Trustee shall always have a combined capital and surplus of at least $25,000,000 15,000,000 as set forth in its the most recent published annual report of condition. The Trustee shall comply with TIA Section 310(b).

Appears in 5 contracts

Samples: Indenture (Toll Corp), Toll Brothers Inc, Toll Brothers Inc

Eligibility; Disqualification. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section § 310(a)(1), (2) and (5). The Trustee (or if the Trustee is a member of a bank holding system, its bank holding company) shall always have a combined capital and surplus of at least $25,000,000 as set forth stated in its most recent published annual report of conditionSection 12.10 hereof. The Trustee shall comply with is subject to TIA Section § 310(b).

Appears in 5 contracts

Samples: Indenture (Intevac Inc), Indenture (Intevac Inc), Indenture (Intevac Inc)

Eligibility; Disqualification. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section § 310(a)(1), (2) and (5). The Trustee shall always have have, or be a subsidiary of a bank or bank holding company having, a combined capital and surplus of at least $25,000,000 50,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section § 310(b).

Appears in 4 contracts

Samples: Indenture (Phillips 66 Partners Lp), Indenture (Phillips 66 Partners Lp), Phillips 66 Partners Lp

Eligibility; Disqualification. This Indenture shall always have a Trustee who that satisfies the requirements of TIA Section 310(a)(1), (2) and (5310(a). The Trustee shall always have a combined capital and surplus of at least $25,000,000 5,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section 310(b).

Appears in 4 contracts

Samples: Indenture (Lockheed Martin Corp), Indenture (Lockheed Martin Corp), Indenture (Lockheed Martin Corp)

Eligibility; Disqualification. This Indenture shall always have a Trustee who which satisfies the requirements of TIA Section 310(a)(1), (2) and (5). The Trustee shall always have a combined capital and surplus of at least $25,000,000 50 million as set forth in its most recent published annual report of condition. The Trustee shall also comply with TIA Section 310(b).

Appears in 4 contracts

Samples: Esterline Technologies Corp, Esterline Technologies Corp, Esterline Technologies Corp

Eligibility; Disqualification. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section 310(a)(1), (2) and (5). The Trustee, or if the Trustee is a member of a bank holding company system, its bank holding company, shall always have a combined capital and surplus of at least $25,000,000 as set forth stated in its most recent published annual report of conditionSection 12.10 hereof. The Trustee shall comply with is subject to TIA Section 310(b).

Appears in 4 contracts

Samples: Indenture (Komag Inc /De/), Coeur D Alene Mines Corp, Coeur D Alene Mines Corp

Eligibility; Disqualification. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section ss. 310(a)(1), ) and (2) and (5)in every respect. The Trustee (together with its corporate parent) shall always have a combined capital and surplus of at least $25,000,000 100,000,000 as set forth in its the most recent applicable published annual report of condition. The Trustee shall comply with TIA Section ss. 310(b), including the provision in ss. 310(b)(1).

Appears in 4 contracts

Samples: Covenants (Imc Global Inc), Indenture (Massey Energy Co), Oro Spanish Broadcasting Inc

Eligibility; Disqualification. This The Indenture Trustee shall always have a Trustee who satisfies at all times satisfy the requirements of TIA Section 310(a)(1), (2) and (5310(a). The Indenture Trustee or its parent shall always have a combined capital and surplus of at least $25,000,000 50,000,000 as set forth in its most recent published annual report of conditioncondition and shall have a long term debt or issuer rating of “A3” or better by Moody’s and “A” or better by Fitch or shall otherwise be acceptable to each Rating Agency. The Indenture Trustee shall comply with TIA Section 310(b).

Appears in 4 contracts

Samples: Indenture (Daimler Trucks Retail Trust 2024-1), Indenture (Daimler Trucks Retail Trust 2024-1), Indenture (Daimler Trucks Retail Trust 2023-1)

Eligibility; Disqualification. This The Indenture Trustee shall always have a Trustee who satisfies at all times satisfy the requirements of Section 310(a) of the TIA Section 310(a)(1), (2) and (5). The Trustee shall always in addition have a combined capital and surplus of at least $25,000,000 50,000,000 (as set forth in its most recent published annual report of condition) and shall have a long-term debt rating of “A-” or better by Standard & Poor’s and “A3” or better by Xxxxx’x or shall otherwise be acceptable to each Rating Agency. The Indenture Trustee shall comply with TIA satisfy the requirements of Section 310(b)) of the TIA.

Appears in 4 contracts

Samples: Indenture (Mercedes-Benz Auto Lease Trust 2015-A), Indenture (Mercedes-Benz Auto Lease Trust 2015-A), Indenture (Mercedes-Benz Auto Lease Trust 2014-A)

Eligibility; Disqualification. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section § 310(a)(1), (2) and (5). The Trustee shall always have a combined capital and surplus of at least $25,000,000 as set forth stated in its most recent published annual report of conditionSection 10.09. The Trustee shall comply with is subject to TIA Section § 310(b), including the optional provision permitted by the second sentence of TIA § 310(b)(9).

Appears in 4 contracts

Samples: Indenture (Nortel Networks LTD), Indenture (Nortel Networks Corp), Indenture (Nortel Networks LTD)

Eligibility; Disqualification. This The Indenture Trustee shall always have a Trustee who satisfies at all times satisfy the requirements of TIA Section 310(a)(1), (2) and (5310(a). The Indenture Trustee or its parent shall always have a combined capital and surplus of at least $25,000,000 50,000,000 as set forth in its most recent published annual report of conditioncondition and shall have a long term debt rating of “A-” or better by Xxxxx’x and “A” or better by Fitch or shall otherwise be acceptable to each Rating Agency. The Indenture Trustee shall comply with TIA Section 310(b).

Appears in 4 contracts

Samples: Indenture (Daimler Trucks Retail Trust 2020-1), Indenture (Daimler Trucks Retail Trust 2020-1), Daimler Trucks Retail Trust 2022-1

Eligibility; Disqualification. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section ss. 310(a)(1), (2) and (5). The Trustee shall always have a combined capital and surplus of at least $25,000,000 50,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section ss. 310(b).

Appears in 4 contracts

Samples: Indenture (Charming Shoppes Inc), Charming Shoppes Inc, Alexion Pharmaceuticals Inc

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Eligibility; Disqualification. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section 310(a)(1), (2) and (5). The Trustee shall always have ) and has a combined capital and surplus (together with its parent and Affiliates) of at least $25,000,000 as set forth in its most recent published annual report of condition50,000,000. The Trustee shall comply with TIA Section 310(b).

Appears in 4 contracts

Samples: Emagin Corp, Emagin Corp, Mimecast LTD

Eligibility; Disqualification. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section (S) 310(a)(1), (2) and (5). The Trustee shall always have a combined capital and surplus of at least $25,000,000 50,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section (S) 310(b), including the optional provision permitted by the second sentence of TIA (S) 310(b)(9).

Appears in 3 contracts

Samples: Indenture (Assisted Living Concepts Inc), Indenture (Assisted Living Concepts Inc), Assisted Living Concepts Inc

Eligibility; Disqualification. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section 310(a)(1xx.xx. 310(a) (1), (2) and (5). The Trustee shall always have a combined capital and surplus of at least $25,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section ss. 310(b).

Appears in 3 contracts

Samples: Omnicom Finance Holdings PLC, Omnicom Group Inc., Omnicom Finance Holdings PLC

Eligibility; Disqualification. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section § 310(a)(1), (2) and (5). The Trustee shall always have a combined capital and surplus of at least $25,000,000 50,000,000 as set forth in its most recent published annual report of condition. The Trustee shall also comply with TIA Section § 310(b).

Appears in 3 contracts

Samples: Indenture (Leucadia National Corp), Indenture (Leucadia National Corp), Leucadia National Corp

Eligibility; Disqualification. This Indenture The Trustee shall always have a Trustee who satisfies at all times satisfy the requirements of TIA Section 310(a)(1), (2) and (5). The Trustee shall always have a combined capital and surplus of at least $25,000,000 50,000,000 as set forth in its most recent published annual report of condition. Neither the Company nor any person directly or indirectly controlling, controlled by or under common control with the Company shall serve as Trustee hereunder. The Trustee shall comply with TIA Section 310(b).

Appears in 3 contracts

Samples: Indenture (FMC Corp), Indenture (Wellpoint Health Networks Inc /Ca/), Wellpoint Health Networks Inc /Ca/

Eligibility; Disqualification. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section 310(a)(1xx.xx. 310(a) (1), (2) and (5). The Trustee shall always have a combined capital and surplus of at least $25,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section xx.xx. 310(b).

Appears in 3 contracts

Samples: Omnicom Group Inc, Omnicom Group Inc, Omnicom Group Inc

Eligibility; Disqualification. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section 310(a)(1), (2) and (5). The Trustee shall always have a combined capital and surplus of at least $25,000,000 10 million as set forth in its most recent published annual report of condition. The Trustee shall comply with is subject to TIA Section 310(b), including the optional provision permitted by the second sentence of TIA Section 310(b)(9).

Appears in 3 contracts

Samples: Indenture (Rb Asset Inc), Indenture (Rb Asset Inc), Indenture (Rb Asset Inc)

Eligibility; Disqualification. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section 310(a)(1), (2) and (5s)310(a)(1). The Trustee shall always have a combined capital and surplus of at least $25,000,000 10,000,000 as set forth in its most recent published annual report of condition. The Trustee shall be subject to TIA (s)310(a)(5) concerning inability of a trustee to be a direct or indirect obligor of the Securities. The Trustee shall comply with TIA Section 310(b(s)310(b), including the optional provision permitted by the second sentence of TIA (s)310(b)(9).

Appears in 3 contracts

Samples: Sizeler Property Investors Inc, Sizeler Property Investors Inc, Sizeler Property Investors Inc

Eligibility; Disqualification. This Indenture shall will always have a Trustee who satisfies the requirements of TIA Section § 310(a)(1), (2) and (5). The Trustee shall will always have a combined capital and surplus of at least $25,000,000 100,000,000 as set forth in its most recent published annual report of condition. The Trustee shall will comply with TIA Section § 310(b).

Appears in 3 contracts

Samples: Indenture (Metropcs Communications Inc), Indenture (MetroPCS Finance, Inc.), Indenture (MetroPCS Finance, Inc.)

Eligibility; Disqualification. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section §§310(a)(1), (2310(a)(2) and (5310(a)(5). The Trustee shall always have a combined capital and surplus of at least $25,000,000 as set forth stated in its most recent published annual report of conditionthe TIA. The Trustee shall comply with is subject to TIA Section §310(b), including the optional provision permitted by the second sentence of TIA §310(b)(9). Section 10.10 lists any excluded indenture or trust agreement.

Appears in 3 contracts

Samples: 1st FRANKLIN FINANCIAL CORP, First Franklin Financial Corp, First Franklin Financial Corp

Eligibility; Disqualification. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section 310(a)(1), (2) and (5)) in every respect. The Trustee shall always have a combined capital and surplus of at least $25,000,000 100,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section 310(b), including the provision in Section 310(b)(1).

Appears in 3 contracts

Samples: Covenants (Hayes Wheels International Inc), Indenture (MWC Acquisition Sub Inc), Hayes Lemmerz International Inc

Eligibility; Disqualification. This Indenture shall always have a Trustee who which satisfies the requirements of TIA Section 310(a)(1), (2) and (5). The Trustee shall always have a combined capital and surplus of at least $25,000,000 50,000,000 as set forth in its most recent published annual report of condition. The Trustee shall also comply with TIA Section 310(b).

Appears in 3 contracts

Samples: National Energy Group Inc, National Energy Group Inc, Michael Petroleum Corp

Eligibility; Disqualification. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section 310(a)(1), (2) and (5310(a). The Trustee shall always have a combined capital and surplus of at least $25,000,000 50 million (or be a member or subsidiary of a bank holding system with aggregate combined capital and surplus of at least $50 million) as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section 310(b).

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Delta Financial Corp), Delta Financial Corp, Pledge Agreement (Delta Financial Corp)

Eligibility; Disqualification. This Indenture shall always have a Trustee who that satisfies the requirements of TIA Section 310(a)(1), (2) and (5§ 310(a). The Trustee shall always have a combined capital and surplus of at least $25,000,000 50,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section § 310(b), provided that the question whether the Trustee has a conflicting interest shall be determined as if each Series of Securities were a separate issue of securities issued under separate indentures.

Appears in 3 contracts

Samples: Indenture (Martin Marietta Materials Inc), Indenture (Martin Marietta Materials Inc), Indenture (Martin Marietta Materials Inc)

Eligibility; Disqualification. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section 310(a)(1), (2) and (5)of the TIA. The Trustee shall always have a combined capital and surplus of at least $25,000,000 50,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section 310(b)) of the TIA, including the provision permitted by the second sentence of Section 310(b) of the TIA.

Appears in 3 contracts

Samples: Vectren Utility Holdings Inc, Southern Indiana Gas & Electric Co, Vectren Utility Holdings Inc

Eligibility; Disqualification. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section 310(a)(1), 310 (2a) and (51). The Trustee shall always have a combined capital and surplus of at least $25,000,000 as set forth stated in its most recent published annual report of conditionSection 10.10. The Trustee shall comply with is subject to TIA Section 310(b)) regarding the disqualification of a trustee upon acquiring a conflicting interest.

Appears in 3 contracts

Samples: Indenture (Amkor Technology Inc), Amkor International Holdings, LLC, Hutchinson Technology Inc

Eligibility; Disqualification. This Indenture The Trustee shall always have a Trustee who satisfies at all times satisfy the requirements of TIA Section Sections 310(a)(1), (2) and (5310(b). The Trustee (or its parent holding company) shall always have a combined capital and surplus of at least $25,000,000 50,000,000 as set forth in its most recent published annual report of condition. The Nothing contained herein shall prevent the Trustee shall comply from filing with the Commission the application referred to in the penultimate paragraph of TIA Section 310(b).

Appears in 3 contracts

Samples: Immunomedics Inc, Indenture (Komag Inc /De/), Scottish Annuity & Life Holdings LTD

Eligibility; Disqualification. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section 310(a)(1), (2) and (5)) in every respect. The Trustee (together with its corporate parent) shall always have a combined capital and surplus of at least $25,000,000 50,000,000 as set forth in its the most recent applicable published annual report of condition. The Trustee shall comply with TIA Section 310(b), including the provision in Section 310(b)(1).

Appears in 3 contracts

Samples: Indenture (1295728 Alberta ULC), Seminis Inc, Seminis Inc

Eligibility; Disqualification. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section 310(a)(1), § 310 (2a) and (51). The Trustee shall always have a combined capital and surplus of at least $25,000,000 as set forth stated in its most recent published annual report of conditionSection 10.10. The Trustee shall comply with is subject to TIA Section § 310(b)) regarding the disqualification of a trustee upon acquiring a conflicting interest.

Appears in 3 contracts

Samples: Indenture (Guilford Pharmaceuticals Inc), Indenture (Credence Systems Corp), Credence Systems Corp

Eligibility; Disqualification. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section 310(a)(1), (2) and (5)) in every respect. The Trustee shall always have a combined capital and surplus of at least $25,000,000 100,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section 310(b), including the provision in Section 310(b)(1). The provisions of TIA Section 310 shall apply to the Issuers as obligors of the Notes.

Appears in 3 contracts

Samples: Supplemental Indenture (Muzak Finance Corp), Supplemental Indenture (Muzak Finance Corp), Business Sound Inc

Eligibility; Disqualification. This Indenture shall always have a Trustee with respect to each series of Securities who satisfies the requirements of TIA Section 310(a)(1), (2) and (5). The Trustee with respect to each series of Securities shall always have a combined capital and surplus (including subordinated capital notes and earned surplus) of at least $25,000,000 as set forth in its most recent published annual report of condition25,000,000. The Trustee shall comply with respect to each series of Securities is subject to TIA Section 310(b), including the optional provision permitted by the second sentence of TIA Section 310(b)(9).

Appears in 3 contracts

Samples: Indenture (Mirage Resorts Inc), Indenture (Mirage Resorts Inc), Indenture (Mirage Resorts Inc)

Eligibility; Disqualification. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section (S) 310(a)(1), ) and (2) and (5)in every respect. The Trustee (together with its corporate parent) shall always have a combined capital and surplus of at least $25,000,000 100,000,000 as set forth in its the most recent applicable published annual report of condition. The Trustee shall comply with TIA Section (S) 310(b), including the provision in (S) 310(b)(1).

Appears in 3 contracts

Samples: Indenture (Pca International Inc), Indenture (Sandhills Inc), Indenture (Ipsco Inc)

Eligibility; Disqualification. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section Sections 310(a)(1), (2) and (5). The Trustee shall always have a combined capital and surplus of at least $25,000,000 10,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section Sections 310(b).

Appears in 3 contracts

Samples: MDC Holdings Inc, MDC Holdings Inc, MDC Holdings Inc

Eligibility; Disqualification. This Indenture The Trustee shall always have a Trustee who satisfies at all times satisfy the requirements of TIA Section 310(a)(1), (2) and (5310(a). The Trustee shall always have a combined capital and surplus of at least $25,000,000 50 million as set forth in its most recent published filed annual report of condition. The Trustee shall comply with TIA Section 310(b).

Appears in 3 contracts

Samples: Quiksilver (Quiksilver Inc), Quiksilver Inc, Tower Automotive Inc

Eligibility; Disqualification. This Indenture The Trustee shall always have a Trustee who satisfies at all times satisfy the requirements of TIA Section 310(a)(1), (2) and (5§ 310(a). The Trustee shall always have a combined capital and surplus of at least $25,000,000 50 million as set forth in its most recent published filed annual report of condition. The Trustee shall comply with TIA Section § 310(b).

Appears in 3 contracts

Samples: Indenture (Earth Products, Inc.), Indenture (Kingsway Financial Services Inc), Tango of Arundel, Inc.

Eligibility; Disqualification. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section 310(a)(1), (2) and (5). The Trustee shall always have a combined capital and surplus of at least $25,000,000 as set forth stated in its most recent published annual report of conditionSection 11.10. The Trustee shall comply with is subject to TIA Section 310(b). Section 11.10 lists any excluded indenture or trust agreement.

Appears in 3 contracts

Samples: Indenture (Enstar Inc), Indenture (Enstar Inc), Enstar Inc

Eligibility; Disqualification. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section 310(a)(1), (2) and (5). The Trustee shall always have a combined capital and surplus of at least $25,000,000 50.0 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section 310(b).

Appears in 3 contracts

Samples: Beverly Enterprises Inc, Beverly Enterprises Inc, Beverly Enterprises Inc

Eligibility; Disqualification. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section (S) 310(a)(1), (2) and (5). The Trustee shall always have a combined capital and surplus of at least $25,000,000 100,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section (S) 310(b).

Appears in 3 contracts

Samples: CNL American Properties Fund Inc, CNL American Properties Fund Inc, CNL American Properties Fund Inc

Eligibility; Disqualification. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section §310(a)(1), (2) and (5)) in every respect. The Trustee (together with its corporate parent) shall always have a combined capital and surplus of at least $25,000,000 50 million as set forth in its the most recent applicable published annual report of condition. The Trustee shall comply with TIA Section §310(b), including the provision in §310(b)(1).

Appears in 3 contracts

Samples: Indenture (Flir Systems Inc), Catamaran PBM of Illinois II, Inc., Flir Systems Inc

Eligibility; Disqualification. This Indenture The Trustee shall always have a Trustee who satisfies at all times satisfy the requirements of TIA Section 310(a)(1), (2) and (5Section 310(a)(5). The Trustee shall always have a combined capital and surplus of at least $25,000,000 50,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section 310(b).

Appears in 3 contracts

Samples: Usg Corp, Usg Corp, Dean Foods Co

Eligibility; Disqualification. This Indenture The Trustee shall always have a Trustee who satisfies at all times satisfy the requirements of TIA Section 310(a)(1), (2) and (5310(a). The Trustee shall always have a combined capital and surplus of at least $25,000,000 50,000,000 as set forth in its most recent published annual report of conditionreport. The Trustee shall comply with TIA Section 310(b).

Appears in 2 contracts

Samples: Columbia Gas System Inc, Columbia Gas System Inc

Eligibility; Disqualification. This Indenture The Trustee shall always have a Trustee who satisfies at all times satisfy the requirements of TIA Section ss. 310(a)(1), (2) and (5). The Trustee (together with its corporate parent) shall always have a combined capital and surplus of at least $25,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section ss. 310(b).

Appears in 2 contracts

Samples: Indenture (Waterford Gaming LLC), Indenture (Waterford Gaming LLC)

Eligibility; Disqualification. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section § 310(a)(1), (2) and (5). , The Trustee shall always have a combined capital and surplus of at least $25,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section § 310(b).

Appears in 2 contracts

Samples: ExOne KK, MWT - Gesellschaft Fur Industrielle Mikrowellentechnik mbH

Eligibility; Disqualification. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section (S) 310(a)(1), (2) and (5). The Trustee shall always have a combined capital and surplus of at least $25,000,000 50,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section (S) 310(b), including the provi- sion permitted by the second sentence of TIA (S) 310(b).

Appears in 2 contracts

Samples: Coastal Corp, Coastal Corp

Eligibility; Disqualification. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section § 310(a)(1), (2) and (5). The Trustee shall always have a combined capital and surplus of at least $25,000,000 as set forth stated in its most recent published annual report of conditionSection 10.11. The Trustee shall comply with is subject to TIA Section § 310(b)) regarding the disqualification of a trustee upon acquiring a conflicting interest.

Appears in 2 contracts

Samples: Indenture (Delta Air Lines Inc /De/), Delta Air Lines Inc /De/

Eligibility; Disqualification. This Indenture The Trustee shall always have a Trustee who satisfies at all times satisfy the requirements of TIA Section 310(a)(1), (2) and (5). The Trustee (together with its corporate parent) shall always have a combined capital and surplus of at least $25,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section 310(b).

Appears in 2 contracts

Samples: Financing Agreement (Waterford Gaming Finance Corp), Financing Agreement (Waterford Gaming LLC)

Eligibility; Disqualification. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section (S) 310(a)(1), (2) and (5). The Trustee shall always have a combined capital and surplus of at least $25,000,000 10,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section (S) 310(b).

Appears in 2 contracts

Samples: Indenture (Mattel Inc /De/), Mattel Inc /De/

Eligibility; Disqualification. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section (S) 310(a)(1), (2) and (5). The Trustee shall always have a combined capital and surplus of at least $25,000,000 50,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section (S) 310(b), including the provi- sion permitted by the second sentence of TIA (S) 310(b).

Appears in 2 contracts

Samples: Coastal Corp, Coastal Corp

Eligibility; Disqualification. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section ss. 310(a)(1), (2) and (5). The Trustee shall always have a combined capital and surplus of at least $25,000,000 50,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section ss. 310(b). Nothing herein shall prevent the Trustee from filing with the SEC the application referred to in the second-to-last paragraph of TIA ss. 310(b).

Appears in 2 contracts

Samples: Indenture (All Star Gas Corp), Indenture (All Star Gas Corp)

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