Common use of Eligibility; Disqualification Clause in Contracts

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA Section 310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition and it or its parent shall have a long‑term debt rating of Baa3 or better by Moody’s or shall otherwise be acceptable to Moody’s. The Indenture Trustee shall comply with TIA Section 310(b), including the optional provision permitted by the second sentence of TIA Section 310(b)(9); 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 38 contracts

Samples: Indenture (Toyota Auto Receivables 2017-B Owner Trust), Indenture (Toyota Auto Receivables 2018-D Owner Trust), Indenture (Toyota Auto Receivables 2016-B Owner Trust)

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Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA Section 310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition and it or its parent shall have a long‑term long-term debt rating of Baa3 or better by Moody’s or shall otherwise be acceptable to Moody’s. The Indenture Trustee shall comply with TIA Section 310(b), including the optional provision permitted by the second sentence of TIA Section 310(b)(9); 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 30 contracts

Samples: Indenture (Toyota Auto Finance Receivables LLC), Indenture (Toyota Auto Receivables 2012-a Owner Trust), Indenture (Toyota Auto Receivables 2013-a Owner Trust)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA Section 310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition and it or its parent shall must have a long‑term long-term debt rating of Baa3 investment grade by each of the Rating Agencies or better by Moody’s or shall otherwise must be acceptable to Moody’seach of the Rating Agencies. The Indenture Trustee shall comply with TIA Section 310(b), including the optional provision permitted by the second sentence of TIA Section 310(b)(9); 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 27 contracts

Samples: Toyota Auto Receivables 2022-D Owner Trust, Toyota Auto Receivables 2021-a Owner Trust, Toyota Auto Receivables 2020-D Owner Trust

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA Section § 310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition condition, and it or its parent the time deposits of the Indenture Trustee shall have a long‑term debt rating of Baa3 or better be rated at least A-1 by Moody’s or shall otherwise be acceptable to Moody’sS&P Global Ratings and F1 by Fitch. The Indenture Trustee shall comply with TIA Section § 310(b), including the optional provision permitted by the second sentence of TIA Section § 310(b)(9); 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 Issuing Entity are outstanding if the requirements for such exclusion set forth in TIA Section § 310(b)(1) are met.

Appears in 20 contracts

Samples: Indenture (World Omni Auto Receivables Trust 2019-C), Indenture (World Omni Auto Receivables Trust 2019-B), Indenture (World Omni Auto Receivables Trust 2018-B)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA Section 310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition and it or its parent shall have a long‑term long-term debt rating of Baa3 “Baa3” or better by Moody’s Xxxxx’x, or shall its equivalent rating or better by Fitch, or otherwise be acceptable to Moody’sthe Rating Agencies. The Indenture Trustee shall comply with TIA Section 310(b), including the optional provision permitted by the second sentence of TIA Section 310(b)(9); 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 20 contracts

Samples: Sale and Servicing Agreement (Nissan Auto Receivables 2016-C Owner Trust), Indenture (Nissan Auto Receivables Corp Ii), Indenture (Nissan Auto Receivables 2015-C Owner Trust)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA Section § 310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition condition, and it or its parent the time deposits of the Indenture Trustee shall have a long‑term debt rating of Baa3 or better be rated at least A-1 by MoodyStandard & Poor’s or shall otherwise be acceptable to and Prime-1 by Moody’s. The Indenture Trustee shall comply with TIA Section § 310(b), including the optional provision permitted by the second sentence of TIA Section § 310(b)(9); 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 Issuing Entity are outstanding if the requirements for such exclusion set forth in TIA Section § 310(b)(1) are met.

Appears in 14 contracts

Samples: Indenture (World Omni Auto Receivables Trust 2012-A), Indenture (World Omni Auto Receivables Trust 2011-A), Indenture (World Omni Auto Receivables Trust 2006-A)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA Section ss. 310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition and it or its parent shall have a long‑term long-term debt rating of Baa3 A or better by Moody’s or shall otherwise be acceptable to Moody’s's. The Indenture Trustee shall Truxxxx xhall comply with TIA Section ss. 310(b), including the optional provision permitted by the second sentence of TIA Section ss. 310(b)(9); provided, however, that there shall be excluded from the operation of TIA Section ss. 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 ss. 310(b)(1) are met.

Appears in 10 contracts

Samples: Owner Trust Agreement (Residential Funding Mortgage Securities Ii Inc), Original Trust Agreement (Residential Funding Mortgage Securities Ii Inc), Original Trust Agreement (Residential Funding Mortgage Securities Ii Inc)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA Section ss. 310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition and it or its parent shall have a long‑term long-term debt rating of Baa3 A or better by Moody’s or shall otherwise be acceptable to Moody’sXxxxx'x. The Indenture Trustee shall comply with TIA Section ss. 310(b), including the optional provision permitted by the second sentence of TIA Section ss. 310(b)(9); provided, however, that there shall be excluded from the operation of TIA Section ss. 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 ss. 310(b)(1) are met.

Appears in 10 contracts

Samples: Residential Asset Mortgage Products Inc, Bear Stearns Asset Back Sec Inc Gmacm Rev Ho Eq Lo Tr 1998-2, Rfmsii 2004-Hi3

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA Section 310(a)) of the TIA. The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition condition. No obligor upon the Debt Securities or Coupons, if any, of a particular series or Person directly or indirectly controlling, controlled by or under common control with such obligor shall serve as Trustee upon the Debt Securities and it or its parent shall have a long‑term debt rating Coupons of Baa3 or better by Moody’s or shall otherwise be acceptable to Moody’ssuch series. The Indenture Trustee shall comply with TIA Section 310(b), including ) of the optional provision permitted by the second sentence of TIA Section 310(b)(9)TIA; provided, however, that there shall be excluded from the operation of TIA Section 310(b)(1) of the TIA this Indenture or any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Issuer Company are outstanding if the requirements for such exclusion set forth in TIA Section 310(b)(1) of the TIA are met.

Appears in 9 contracts

Samples: Warren Resources (Warren Resources of California Inc), Warren Resources (Warren Resources of California Inc), Warren Resources (Warren Resources of California Inc)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA Section § 310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition condition, and it the time deposits of the Indenture Trustee shall be rated at least A-1 by S&P Global Ratings and F1 or its parent shall have a long‑term debt rating of Baa3 or better A by Moody’s or shall otherwise be acceptable to Moody’sFitch. The Indenture Trustee shall comply with TIA Section § 310(b), including the optional provision permitted by the second sentence of TIA Section § 310(b)(9); 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 Issuing Entity are outstanding if the requirements for such exclusion set forth in TIA Section § 310(b)(1) are met.

Appears in 8 contracts

Samples: Indenture (World Omni Auto Receivables Trust 2020-C), Indenture (World Omni Auto Receivables Trust 2020-C), Indenture (World Omni Auto Receivables Trust 2020-B)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA Section § 310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition and (unless waived by the Rating Agencies) it or its parent shall have a long‑term long term unsecured debt rating of Baa3 or better that falls within an investment grade category by Moody’s or shall otherwise be acceptable to Moody’sthe Rating Agencies. The Indenture Trustee shall comply with TIA § Section 310(b), including the optional provision permitted by the second sentence of TIA Section § 310(b)(9); 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 Issuing Entity are outstanding if the requirements for such exclusion set forth in TIA Section § 310(b)(1) are met.

Appears in 8 contracts

Samples: Indenture (Carvana Auto Receivables Trust 2021-P3), Indenture (Carvana Auto Receivables Trust 2021-P3), Indenture (Carvana Auto Receivables Trust 2021-N2)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA Section § 310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition and it or its parent shall have a long‑term long-term debt rating of Baa3 “Baa3” or better by Moody’s Mxxxx’x and “BBB” or shall otherwise be acceptable to Moody’s. better by S&P. The Indenture Trustee shall comply with TIA Section § 310(b), including the optional provision permitted by the second sentence of TIA Section § 310(b)(9); 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 7 contracts

Samples: Custodial Agreement (Renaissance Home Equity Loan Trust 2006-3), Custodial Agreement (Renaissance Home Equity Loan Trust 2006-3), Indenture (Renaissance Home Equity Loan Trust 2006-4)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA Section § 310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition condition, and it or its parent the time deposits of the Indenture Trustee shall have a long‑term debt rating of Baa3 or better by Moody’s or shall otherwise be at all times meet the ratings criteria acceptable to Moody’seach Rating Agency rating the Notes, so as to preclude a downgrade or the Notes and/or credit watch of the Notes with negative implications. The Indenture Trustee shall comply with TIA Section § 310(b), including the optional provision permitted by the second sentence of TIA Section 310(b)(9); 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 7 contracts

Samples: Indenture (Honda Auto Receivables 2012-3 Owner Trust), Indenture (Honda Auto Receivables 2012-4 Owner Trust), Indenture (Honda Auto Receivables 2012-4 Owner Trust)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA Section 310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition and it or its parent shall have a long‑term long-term debt rating of Baa3 or better by Moody’s Xxxxx’x or shall otherwise be acceptable to Moody’sXxxxx’x. The Indenture Trustee shall comply with TIA Section 310(b), including the optional provision permitted by the second sentence of TIA Section 310(b)(9); 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 6 contracts

Samples: Toyota Lease Trust, Toyota Auto Receivables 2010-B Owner Trust, Toyota Auto Receivables 2010-C Owner Trust

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA Section 310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition and it or its parent shall have a long‑term long-term debt rating of Baa3 or better by Moody’s Xxxxx'x or shall otherwise be acceptable to Moody’sXxxxx'x. The Indenture Trustee shall comply with TIA Section 310(b), including the optional provision permitted by the second sentence of TIA Section 310(b)(9); 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 6 contracts

Samples: Tia Indenture (Toyota Motor Credit Receivables Corp), Tia Indenture (Toyota Motor Credit Receivables Corp), Indenture (Toyota Auto Finance Receivables LLC)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA Section 310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition and it or its parent shall have a long‑term long-term debt rating of Baa3 “Baa3” or better by Moody’s Xxxxx’x or shall otherwise be acceptable to Moody’sXxxxx’x. The Indenture Trustee shall comply with TIA Section 310(b), including the optional provision permitted by the second sentence of TIA Section 310(b)(9); 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 6 contracts

Samples: Indenture (Nissan Auto Receivables 2010-a Owner Trust), Indenture (Nissan Auto Receivables 2009-a Owner Trust), Indenture (Nissan Auto Receivables 2010-a Owner Trust)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA Section 310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition and it or its parent shall have a long‑term long-term debt rating of Baa3 or better by Moody’s 's or shall otherwise be acceptable to Moody’s's. The Indenture Trustee shall comply with TIA Section 310(b), including the optional provision permitted by the second sentence of TIA Section 310(b)(9); 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 6 contracts

Samples: Indenture (Toyota Motor Credit Corp), Tia Indenture (Toyota Motor Credit Receivables Corp), Indenture (Toyota Auto Finance Receivables LLC)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA Section 310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition condition, and it or its parent the time deposits of the Indenture Trustee shall have a long‑term debt rating of Baa3 or better be rated at least A-1 by Standard & Poor's and P-1 by Moody’s or shall otherwise be acceptable to Moody’s's. The Indenture Trustee shall comply with TIA Section 310(b), including the optional provision permitted by the second sentence of TIA Section 310(b)(9); 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 5 contracts

Samples: Indenture (Daimlerchrysler Services North America LLC), Indenture (Daimlerchrysler Services North America LLC), Indenture (World Omni Auto Receivables LLC)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA Section 310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition and it or its parent shall have a long‑term long-term debt rating of Baa3 A3 or better by Moody’s 's or shall otherwise be acceptable to Moody’s's. The Indenture Trustee shall comply with TIA Section 310(b), including the optional provision permitted by the second sentence of TIA Section 310(b)(9); 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 4 contracts

Samples: Indenture (Firstplus Investment Corp), Indenture (Imc Securities Inc), Firstplus Investment Corp

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA Section 310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 50,000,000.00 as set forth in its most recent published annual report of condition condition, and it or its parent the time deposits of the Indenture Trustee shall have a long‑term debt rating of Baa3 or better be rated at least A-1 by MoodyStandard & Poor’s or shall otherwise be acceptable to and P-1 by Moody’s. The Indenture Trustee shall comply with TIA Section 310(b), including the optional provision permitted by the second sentence of TIA Section 310(b)(9); 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 4 contracts

Samples: Indenture (Hyundai Auto Receivables Trust 2006-A), Indenture (Hyundai Auto Receivables Trust 2006-B), Hyundai Abs Funding Corp

Eligibility; Disqualification. (a) The Indenture Trustee shall at all times satisfy the requirements of TIA Section 310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition condition, and it or its parent the time deposits of the Indenture Trustee shall have a long‑term debt rating of Baa3 or better be rated at least A-1 by Standard & Poor's and P-1 by Moody’s or shall otherwise be acceptable to Moody’s's. The Indenture Trustee shall comply with TIA Section 310(b), including the optional provision permitted by the second sentence of TIA Section 310(b)(9); 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 4 contracts

Samples: Indenture (National City Auto Receivables Trust 2002-A), Indenture (National City Auto Receivables Trust 2004-A), Indenture (Regions Auto Receivables Trust 2003-1)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA Section §310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition and it or its parent shall have a long‑term long-term debt rating of Baa3 A or better by Moody’s S&P, A2 or shall otherwise be acceptable to Moody’sbetter by Xxxxx’x and A or better by Fitch. The Indenture Trustee shall comply with TIA Section §310(b), including the optional provision permitted by the second sentence of TIA Section §310(b)(9); 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 4 contracts

Samples: Master Agreement (Home Equity Mortgage Trust 2006-2), Home Equity Mortgage Trust 2007-1, Irwin Whole Loan Home Equity Trust 2005-B

Eligibility; Disqualification. (a) The Indenture Trustee shall at all times satisfy the requirements of TIA Section 310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition and it or its parent shall have a long‑term long-term senior unsecured debt rating of Baa3 or better not less than investment grade by Moody’s or shall otherwise be acceptable to Moody’seach of the Rating Agencies. The Indenture Trustee shall comply with TIA Section 310(b), including the optional provision permitted by the second sentence of TIA Section 310(b)(9); 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 4 contracts

Samples: Indenture (SLM Education Credit Funding LLC), Indenture (SLM Education Credit Funding LLC), Indenture (SLM Education Credit Funding LLC)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA Section 310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition and it or its parent shall have a long‑term long-term debt rating of Baa3 "Baa3" or better by Moody’s Xxxxx'x and "BBB" or shall otherwise be acceptable to Moody’s. better by S&P. The Indenture Trustee shall comply with TIA Section 310(b), including the optional provision permitted by the second sentence of TIA Section 310(b)(9); 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 4 contracts

Samples: Servicing Agreement (Origen Manufactured Housing Contract Trust 2004-B), Servicing Agreement (Origen Residential Securities, Inc.), Manufactured Housing (Origen Residential Securities, Inc.)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA Section § 310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition and it or its parent shall have a long‑term long-term debt rating of Baa3 or better by Moody’s Xxxxx’x and BBB or shall otherwise be acceptable to Moodybetter by Standard & Poor’s. The Indenture Trustee shall comply with TIA Section § 310(b), including the optional provision permitted by the second sentence of TIA Section § 310(b)(9); 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 3 contracts

Samples: Servicing Agreement (Impac CMB Trust Series 2005-8), Indenture (IMPAC CMB Trust Series 2005-5), Servicing Agreement (Imh Assets Corp., Collateralized Asset-Backed Bonds, Series 2005-7)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA Section § 310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition condition, and it or its parent the time deposits of the Indenture Trustee shall have a long‑term debt rating of Baa3 or better be rated at least A-1 by MoodyStandard & Poor’s or shall otherwise be acceptable to and Prime-1 by Moody’s. The Indenture Trustee shall comply with TIA Section § 310(b), including the optional provision permitted by the second sentence of TIA Section § 310(b)(9); 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 3 contracts

Samples: World Omni Auto Receivables LLC, World Omni Auto Receivables Trust 2005-B, World Omni Auto Receivables Trust 2005-A

Eligibility; Disqualification. The Indenture Trustee ----------------------------- shall at all times satisfy the requirements of TIA Section 310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition and it or its parent shall have a long‑term long-term debt rating of Baa3 "A" or better by Moody’s S&P or shall otherwise be acceptable to Moody’s. S&P. The Indenture Trustee shall comply with TIA Section 310(b), including the optional provision permitted by the second sentence of TIA Section 310(b)(9); 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 3 contracts

Samples: Indenture (Firstplus Investment Corp), Indenture (Firstplus Investment Corp), Indenture (Firstplus Investment Corp)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA Section 310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition and it or its parent shall have a long‑term long-term debt rating of Baa3 "Baa3" or better by Moody’s Xxxxx'x or shall otherwise be acceptable to Moody’sXxxxx'x. The Indenture Trustee shall comply with TIA Section 310(b), including the optional provision permitted by the second sentence of TIA Section 310(b)(9); 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 3 contracts

Samples: Nissan Auto Receivables 2003-B Owner Trust, Nissan Auto Receivables 2004-a Owner Trust, Nissan Auto Receivables 2003-C Owner Trust

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA Section ss. 310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition and it or its parent shall have a long‑term long-term debt rating of Baa3 A or better by Moody’s or shall otherwise be acceptable to Moody’s's. The Indenture Trustee shall xxxxx comply with TIA Section ss. 310(b), including the optional provision permitted by the second sentence of TIA Section ss. 310(b)(9); provided, however, that there shall be excluded from the operation of TIA Section ss. 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 ss. 310(b)(1) are met.

Appears in 3 contracts

Samples: Residential Asset Mortgage Products Inc, Residential Funding Mortgage Securities Ii Inc, Residential Asset Mortgage Products Inc

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA Section § 310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition and it or its parent shall have a long‑term long-term debt rating of Baa3 “Baa3” or better by Moody’s Xxxxx’x and “BBB” or shall otherwise be acceptable to Moody’s. better by S&P. The Indenture Trustee shall comply with TIA Section § 310(b), including the optional provision permitted by the second sentence of TIA Section § 310(b)(9); 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 3 contracts

Samples: Custodial Agreement (Renaissance Home Equity Loan Trust 2007-1), Renaissance Home (Renaissance Home Equity Loan Trust 2005-2), Indenture (Renaissance Home Equity Loan Trust 2007-2)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA Section § 310(a). The Indenture Trustee shall have a combined capital and surplus of at least [$50,000,000 50,000,000] as set forth in its most recent published annual report of condition and it or its parent shall have a long‑term long-term debt rating of Baa3 [Baa3] or better by Moody’s or shall otherwise be acceptable to Moody’s[Xxxxx’x]. The Indenture Trustee shall comply with TIA Section § 310(b), including the optional provision permitted by the second sentence of TIA Section § 310(b)(9); 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 Issuing Entity are outstanding if the requirements for such exclusion set forth in TIA Section § 310(b)(1) are met.

Appears in 3 contracts

Samples: Indenture (Imh Assets Corp), Indenture (Impac Secured Assets Corp), Shellpoint Mortgage Acceptance LLC

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA Section § 310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition and it or its parent shall have a long‑term long-term debt rating of Baa3 “Baa3” or better by Moody’s Mxxxx’x and “BBB” or shall otherwise be acceptable to Moody’sbetter by S&P, Fitch and DBRS. The Indenture Trustee shall comply with TIA Section § 310(b), including the optional provision permitted by the second sentence of TIA Section § 310(b)(9); 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 3 contracts

Samples: Indenture (New Century Home Equity Loan Trust 2005-3), Indenture (New Century Home Equity Loan Trust 2005-3), Indenture (New Century Home Equity Loan Trust 2005-4)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA Section § 310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition condition, and it or its parent the time deposits of the Indenture Trustee shall have a long‑term debt rating of Baa3 or better be rated at least [___] by Moody’s or shall otherwise be acceptable to Moody’s[___] and[___] by [___]. The Indenture Trustee shall comply with TIA Section § 310(b), including the optional provision permitted by the second sentence of TIA Section § 310(b)(9); 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 Issuing Entity are outstanding if the requirements for such exclusion set forth in TIA Section § 310(b)(1) are met.

Appears in 3 contracts

Samples: Indenture (World Omni Auto Receivables LLC), Indenture (World Omni Auto Receivables LLC), Indenture (World Omni Auto Receivables LLC)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA Section 310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 50,000,000.00 as set forth in its most recent published annual report of condition condition, and it or its parent the time deposits of the Indenture Trustee shall have a long‑term debt rating of Baa3 or better be rated at least A-1 by Standard & Poor's and P-1 by Moody’s or shall otherwise be acceptable to Moody’s's. The Indenture Trustee shall comply with TIA Section 310(b), including the optional provision permitted by the second sentence of TIA Section 310(b)(9); 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 3 contracts

Samples: Indenture (Hyundai Abs Funding Corp), Indenture (Hyundai Abs Funding Corp), Indenture (Hyundai Abs Funding Corp)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA Section ss. 310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition and it or its parent shall have a long‑term long-term debt rating of Baa3 A or better by Moody’s or shall otherwise be acceptable to Moody’s's. The Indenture Trustee shall comply with TIA Section ss. 310(b), including the optional provision permitted by the second sentence of TIA Section ss. 310(b)(9); provided, however, that there shall be excluded from the operation of TIA Section ss. 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 ss. 310(b)(1) are met.

Appears in 3 contracts

Samples: Gmacm Home Equity Loan Trust 2005-He2, GMACM Mortgage Loan Trust 2004-Gh1, Residential Asset Mort Prod Inc Gmacm Home Eq L N Tr 04 He2

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA Section ss. 310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition and it or its parent shall have a long‑term long-term debt rating of Baa3 A or better by Moody’s or shall otherwise be acceptable to Moody’s's. The Indenture Trustee shall comply sxxxx xxmply with TIA Section ss. 310(b), including the optional provision permitted by the second sentence of TIA Section ss. 310(b)(9); provided, however, that there shall be excluded from the operation of TIA Section ss. 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 ss. 310(b)(1) are met.

Appears in 3 contracts

Samples: Residential Asset Mortgage Prod Inc Gmacm Mor Ln Tr 2003-Gh1, Residential Asset Mortgage Products Inc, Residential Fund Mort Sec Home Loan-BCKD NTS Ser 2004-Hi1

Eligibility; Disqualification. (a) The Indenture Trustee shall at all times satisfy the requirements of TIA Section (S) 310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 100,000,000 as set forth in its most recent published annual report of condition and it or its parent shall have a long‑term long term debt rating of Baa3 investment grade or better by Moody’s the Rating Agencies or shall otherwise be acceptable to Moody’sthe Rating Agencies. The Indenture Trustee shall comply with TIA Section (S) 310(b), including the optional provision exception permitted by the second sentence of TIA Section (S) 310(b)(9); provided, however, provided that there shall be excluded from the operation of TIA Section (S) 310(b)(1) any indenture or indentures under which other securities of the Issuer Trust are outstanding if the requirements for such exclusion set forth in TIA Section (S) 310(b)(1) are met.

Appears in 3 contracts

Samples: Capital One Auto Receivables Trust 2001-B, Capital One Auto Receivables LLC, Capital One Auto Finance Trust 2002-C

Eligibility; Disqualification. The Indenture Trustee shall ----------------------------- at all times satisfy the requirements of TIA Section 310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition condition, and it or its parent the time deposits of the Indenture Trustee shall have a long‑term debt rating of Baa3 or better be rated at least A-1 by Standard & Poor's and P-1 by Moody’s or shall otherwise be acceptable to Moody’s's. The Indenture Trustee shall comply with TIA Section 310(b), including subject to the optional provision permitted by the second sentence of TIA Section 310(b)(9)penultimate paragraph thereof; 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 2 contracts

Samples: Indenture (Deutsche Recreational Asset Funding Corp), Deutsche Recreational Asset Funding Corp

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA Section 310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent recently published annual report of condition and it or its parent shall have a long‑term long-term debt rating of Baa3 "A" or better by Moody’s S&P or shall otherwise be acceptable to Moody’s. S&P. The Indenture Trustee shall comply with TIA Section 310(b), including the optional provision permitted by the second sentence of TIA Section 310(b)(9); 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 2 contracts

Samples: Indenture (Firstplus Investment Corp), Execution (Firstplus Investment Corp)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA Section 310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition and it or its parent shall have a long‑term long-term debt rating of Baa3 "Baa3" or better by Moody’s 's or shall otherwise be acceptable to Moody’s's. The Indenture Trustee shall Truxxxx xxall comply with TIA Section 310(b), including ixxxxxxxg the optional provision permitted by the second sentence of TIA Section 310(b)(9); 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 2 contracts

Samples: Indenture (Nissan Auto Receivables 2002 C Owner Trust), Indenture (Nissan Auto Receivables 2002-a Owner Trust)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA Section § 310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition condition, and it or its parent the time deposits of the Indenture Trustee shall have a long‑term debt rating of Baa3 or better be rated at least A-1 by MoodyStandard & Poor’s or shall otherwise be acceptable to Moody’sand F-1 by Fitch. The Indenture Trustee shall comply with TIA Section § 310(b), including the optional provision permitted by the second sentence of TIA Section § 310(b)(9); 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 Issuing Entity are outstanding if the requirements for such exclusion set forth in TIA Section § 310(b)(1) are met.

Appears in 2 contracts

Samples: Indenture (World Omni Auto Receivables Trust 2012-B), Indenture (World Omni Auto Receivables Trust 2012-B)

Eligibility; Disqualification. (a) The Indenture Trustee shall at all times satisfy the requirements of TIA Section 310(ass.310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition and it or its parent shall have a long‑term long-term debt rating of Baa3 A or better by Moody’s or shall otherwise be acceptable to Moody’s's. The Indenture Trustee shall comply with TIA Section 310(bss.310(b), including the incluxxxx xxe optional provision permitted by the second sentence of TIA Section 310(b)(9ss.310(b)(9); provided, however, that there shall be excluded from the operation of TIA Section 310(b)(1ss.310(b)(1) any indenture or indentures under which other securities of the Issuer Issuing Entity are outstanding if the requirements for such exclusion set forth in TIA Section 310(b)(1ss.310(b)(1) are met.

Appears in 2 contracts

Samples: Material Definitive Agreement (Bear Stearns Asset Backed Securities I LLC), Material Definitive Agreement (Bear Stearns Asset Backed Securities I LLC)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA Section 310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition and it or its parent shall have a long‑term debt rating of Baa3 or better by [Moody’s ’s] or shall otherwise be acceptable to [Moody’s]. The Indenture Trustee shall comply with TIA Section 310(b), including the optional provision permitted by the second sentence of TIA Section 310(b)(9); 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 2 contracts

Samples: Form of Indenture (Toyota Auto Finance Receivables LLC), Form of Indenture (Toyota Auto Finance Receivables LLC)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA Section 310(a). The Indenture Trustee shall not be an affiliate of the Owner Trustee. The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition and it or its parent shall have a long‑term long-term debt rating of Baa3 or better by Moody’s or shall otherwise be acceptable to Moody’s's. The Indenture Trustee shall comply with TIA Section 310(b), including the optional provision permitted by the second sentence of TIA Section 310(b)(9); 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 2 contracts

Samples: Pooling and Servicing Agreement (Household Consumer Loan Trust 1997-1), Pooling and Servicing Agreement (Household Consumer Loan Trust 1997-2)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA Section 310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition and it or its parent shall have a long‑term long-term debt rating of Baa3 “Baa3” or better by Moody’s and “BBB” or shall better by S&P, or otherwise be acceptable to Moody’sthe Rating Agencies. The Indenture Trustee shall comply with TIA Section 310(b), including the optional provision permitted by the second sentence of TIA Section 310(b)(9); 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 2 contracts

Samples: NISSAN AUTO RECEIVABLES Co II LLC, Nissan Auto Receivables 2022-B Owner Trust

Eligibility; Disqualification. The (a) Indenture Trustee shall at all times satisfy the requirements of TIA Section (S) 310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 20,000,000 as set forth in its most recent published annual report of condition and it or its parent shall have a long‑term long term debt rating of Baa3 investment grade or better by Moody’s the Rating Agencies or shall otherwise be acceptable to Moody’sthe Rating Agencies. The Indenture Trustee shall comply with TIA Section (S) 310(b), including the optional provision permitted by the second sentence of TIA Section (S) 310(b)(9); provided, however, provided that there shall be excluded from the operation of TIA Section (S) 310(b)(1) any indenture or indentures under which other securities of the Issuer Owner Trustee are outstanding if the requirements for such exclusion set forth in TIA Section (S) 310(b)(1) are met.

Appears in 2 contracts

Samples: Indenture (M&i Auto Loan Trust 2002-1), Bond Securitization LLC

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA Section § 310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition and it or its parent shall have a long‑term long-term debt rating of Baa3 or better by Moody’s and BBB or shall otherwise be acceptable to Moodybetter by Standard & Poor’s. The Indenture Trustee shall comply with TIA Section § 310(b), including the optional provision permitted by the second sentence of TIA Section § 310(b)(9); 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 2 contracts

Samples: Trust Agreement (American Home Mortgage Investment Trust 2005-4), Trust Agreement (American Home Mortgage Investment Trust 2005-4)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA Section 310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition and it or its parent shall have a long‑term long-term debt rating of Baa3 A or better by Moody’s 's or shall otherwise be acceptable to Moody’s's. The Indenture Trustee shall comply with TIA Section 310(b), including the optional provision permitted by the second sentence of TIA Section 310(b)(9); 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 2 contracts

Samples: Preferred Securitization Corp, Firstplus Investment Corp

Eligibility; Disqualification. (a) The Indenture Trustee shall at all times satisfy the requirements of TIA Section § 310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition and it or its parent shall have a long‑term long-term senior unsecured debt rating of Baa3 or better not less than investment grade by Moody’s or shall otherwise be acceptable to Moody’seach of the Rating Agencies. The Indenture Trustee shall comply with TIA Section § 310(b), including the optional provision permitted by the second sentence of TIA Section § 310(b)(9); 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 2 contracts

Samples: Indenture (SLM Private Credit Student Loan Trust 2005-A), Indenture (SLM Private Credit Student Loan Trust 2005-B)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA Section 310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition and it or its parent long-term unsecured debt shall have a long‑term debt rating of be rated at least Baa3 or better by Moody’s or shall otherwise be acceptable to Moody’s's and BBB- by Standard & Poor's. The Indenture Trustee shall comply with TIA Section 310(b), including the optional provision permitted by the second sentence of TIA Section 310(b)(9); 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 issuer are outstanding if the requirements for such exclusion set forth in TIA Section 310(b)(1) are met.

Appears in 1 contract

Samples: Metlife Capital Equipment Loan Trusts

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA Section § 310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition condition, and it or its parent the time deposits of the Indenture Trustee shall have a long‑term debt rating of Baa3 or better be rated at least [ ] by Moody’s or shall otherwise be acceptable to Moody’s[ ] and [ ] by [ ]. The Indenture Trustee shall comply with TIA Section § 310(b), including the optional provision permitted by the second sentence of TIA Section § 310(b)(9); 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 Issuing Entity are outstanding if the requirements for such exclusion set forth in TIA Section § 310(b)(1) are met.

Appears in 1 contract

Samples: Indenture (World Omni Auto Receivables LLC)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA Section 310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition and it or its parent long-term unsecured debt shall have a long‑term debt rating of be rated at least Baa3 or better by Moody’s or shall otherwise be acceptable to Moody’s's, and at least BBB- by Standard & Poor's. The Indenture Trustee shall comply with TIA Section 310(b), including the optional provision permitted by the second sentence of TIA Section 310(b)(9); 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 1 contract

Samples: Note Purchase Agreement (Bon Ton Stores Inc)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA Section 310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition and it or its parent shall have a long‑term long-term debt rating of Baa3 [__] or better by Moody’s [_____]or shall otherwise be acceptable to Moody’s[_____]. The Indenture Trustee shall comply with TIA Section 310(b), including the optional provision permitted by the second sentence of TIA Section 310(b)(9); 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 1 contract

Samples: Indenture (Toyota Auto Finance Receivables LLC)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA Section ss. 310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition and it or its parent shall have a long‑term long-term debt rating of Baa3 A or better by Moody’s or shall otherwise be acceptable to Moody’s's. The Indenture Trustee shall comply xxxxx xomply with TIA Section ss. 310(b), including the optional provision permitted by the second sentence of TIA Section ss. 310(b)(9); provided, however, that there shall be excluded from the operation of TIA Section ss. 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 ss. 310(b)(1) are met.

Appears in 1 contract

Samples: Residential Asset Mort Prods Inc Gmacm Mort Ln Tr 03 Gh2

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA Section ss. 310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition and it or its parent shall have a long‑term long-term debt rating of Baa3 A or better by Moody’s or shall otherwise be acceptable to Moody’s's. The Indenture Trustee Indentuxx Xxxstee shall comply with TIA Section ss. 310(b), including the optional provision permitted by the second sentence of TIA Section ss. 310(b)(9); provided, however, that there shall be excluded from the operation of TIA Section ss. 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 ss. 310(b)(1) are met.

Appears in 1 contract

Samples: Residential Asset Mortgage Products Inc

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA Section ss. 310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition and it or its parent shall have a long‑term long-term debt rating of Baa3 A or better by Moody’s or shall otherwise be acceptable to Moody’s's. The Indenture Trustee shall comply shaxx xxxxly with TIA Section ss. 310(b), including the optional provision permitted by the second sentence of TIA Section ss. 310(b)(9); provided, however, that there shall be excluded from the operation of TIA Section ss. 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 ss. 310(b)(1) are met.

Appears in 1 contract

Samples: Residential Asset Mortgage Products Inc

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA Section ss. 310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition and it or its parent shall have a long‑term long-term debt rating of Baa3 A2 or better by Moody’s or shall otherwise be acceptable to Moody’sMxxxx'x. The Indenture Trustee shall comply with TIA Section ss. 310(b), including the optional provision permitted by the second sentence of TIA Section ss. 310(b)(9); provided, however, that there shall be excluded from the operation of TIA Section ss. 310(b)(1) any indenture or indentures under which other securities of the Issuer Issuing Entity are outstanding if the requirements for such exclusion set forth in TIA Section ss. 310(b)(1) are met.

Appears in 1 contract

Samples: Deutsche Mortgage Securities Inc

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA Section ss. 310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition and it or its parent shall have a long‑term long-term debt rating of Baa3 "A" or better by Moody’s or shall otherwise be acceptable to Moody’s's. The Indenture Trustee shall comply sxxxx xxmply with TIA Section ss. 310(b), including the optional provision permitted by the second sentence of TIA Section ss. 310(b)(9); provided, however, that there shall be excluded from the operation of TIA Section ss. 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 ss. 310(b)(1) are met.

Appears in 1 contract

Samples: Gmacm Home Equity Loan Backed Term Notes Ser 2003-He1

Eligibility; Disqualification. The Indenture Trustee ----------------------------- shall at all times satisfy the requirements of TIA Section 310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition and it or its parent shall have a long‑term long-term debt rating of Baa3 (____) or better by Moody’s (_____) and (___) or shall otherwise be acceptable to Moody’sbetter by (_____). The Indenture Trustee shall comply with TIA Section 310(b), including the optional provision permitted by the second sentence of TIA Section 310(b)(9); 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 1 contract

Samples: Administration Agreement (Ml Asset Backed Corp)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA Section 310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition and (unless waived by Moody's Investors Service, Inc.) it or its parent shall have a long‑term debt rating long term unsecured dxxx xxxing of Baa3 or better by Moody’s or shall otherwise be acceptable to Moody’s. 's Investors Service, Inc. The Indenture Trustee shall comply with TIA Section witx XXX Xection 310(b), including the optional provision permitted by the second sentence of TIA Section 310(b)(9); 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 1 contract

Samples: Capital Auto Receivables Inc

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA Section § 310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition and it or its parent shall have a long‑term long-term debt rating of Baa3 or better by Moody’s Xxxxx’x and BBB or shall otherwise be acceptable to Moodybetter by Standard & Poor’s. The Indenture Trustee shall comply with TIA Section § 310(b), including the optional provision permitted by the second sentence of TIA Section § 310(b)(9); 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 Issuing Entity are outstanding if the requirements for such exclusion set forth in TIA Section § 310(b)(1) are met.

Appears in 1 contract

Samples: Master Agreement (GSC Capital Corp. Mortgage Trust 2006-1)

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Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA Section ss. 310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition and it or its parent shall have a long‑term long-term debt rating of Baa3 [____] or better by Moody’s or shall otherwise be acceptable to Moody’s[______]. The Indenture Trustee shall comply with TIA Section ss. 310(b), including the optional provision permitted by the second sentence of TIA Section ss. 310(b)(9); provided, however, that there shall be excluded from the operation of TIA Section ss. 310(b)(1) any indenture or indentures under which other securities of the Issuer Issuing Entity are outstanding if the requirements for such exclusion set forth in TIA Section ss. 310(b)(1) are met.

Appears in 1 contract

Samples: Chase Funding Inc

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA Section 310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition and it or its parent shall have a long‑term long-term debt rating of Baa3 “Baa3” or better by Moody’s or shall otherwise be acceptable to Moody’s. The Indenture Trustee shall comply with TIA Section 310(b), including the optional provision permitted by the second sentence of TIA Section 310(b)(9); 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.. (Nissan [ ]-[ ] Indenture)

Appears in 1 contract

Samples: Indenture (Nissan Auto Receivables Corp Ii)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA Section 310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition and it or its parent shall have a long‑term long-term debt rating of Baa3 [____] or better by Moody’s [__________] or shall otherwise be acceptable to Moody’s[__________]. The Indenture Trustee shall comply with TIA Section 310(b), including the optional provision permitted by the second sentence of TIA Section 310(b)(9); 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 1 contract

Samples: Toyota Auto Finance Receivables LLC

Eligibility; Disqualification. (a) The Indenture Trustee shall at all times satisfy the requirements of TIA Section (S) 310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition and (unless waived by Moody's) it or its parent shall have a long‑term long term unsecured debt rating of Baa3 or better by Moody’s or shall otherwise be acceptable to Moody’s. Xxxxx'x Investors Service, Inc. The Indenture Trustee shall comply with TIA Section (S) 310(b), including the optional provision permitted by the second sentence of TIA Section 310(b)(9); provided, however, that -------- ------- there shall be excluded from the operation of TIA Section (S) 310(b)(1) any indenture or indentures under which other securities of the Issuer Owner Trustee are outstanding if the requirements for such exclusion set forth in TIA Section (S) 310(b)(1) are met.

Appears in 1 contract

Samples: Servicing Agreement (Navistar Financial Retail Receivables Corporation)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA Section ss. 310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition and it or its parent shall have a long‑term long-term debt rating of Baa3 A or better by Moody’s or shall otherwise be acceptable to Moody’s's. The Indenture Trustee Indenturx Xxxxtee shall comply with TIA Section ss. 310(b), including the optional provision permitted by the second sentence of TIA Section ss. 310(b)(9); provided, however, that there shall be excluded from the operation of TIA Section ss. 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 ss. 310(b)(1) are met.

Appears in 1 contract

Samples: Gmacm Home Equity Loan Trust 2003-He2

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA Section ss. 310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition and it or its parent shall have a long‑term long-term debt rating of Baa3 "A" or better by Moody’s or shall otherwise be acceptable to Moody’sXxxxx'x. The Indenture Trustee shall comply with TIA Section ss. 310(b), including the optional provision permitted by the second sentence of TIA Section ss. 310(b)(9); provided, however, that there shall be excluded from the operation of TIA Section ss. 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 ss. 310(b)(1) are met.

Appears in 1 contract

Samples: GMACM Home Equity Loan Trust 2004-He4

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA Section ss. 310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition and (unless waived by Moody's Investors Service, Inc.) it or its parent shall have a long‑term debt rating long term unsecured dxxx xxxing of Baa3 or better by Moody’s or shall otherwise be acceptable to Moody’s. 's Investors Service, Inc. The Indenture Trustee shall comply with TIA Section witx XXX xs. 310(b), including the optional provision permitted by the second sentence of TIA Section 310(b)(9); provided, however, that there shall be excluded from the operation of TIA Section ss. 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 ss. 310(b)(1) are met.

Appears in 1 contract

Samples: Indenture (Capital Auto Receivables Inc)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA Section 310(a). The Indenture Trustee shall not be an affiliate of the Owner Trustee. The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition and it or its parent shall have a long‑term long-term debt rating of Baa3 or better by Moody’s or shall otherwise be acceptable to Moody’s's. The Indenture Trustee shall comply with TIA Section XXX Xxxtion 310(b), including the optional provision permitted by the second sentence of TIA Section 310(b)(9); 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 1 contract

Samples: Pooling and Servicing Agreement (Household Consumer Loan Trust 1997-1)

Eligibility; Disqualification. (a) The Indenture Trustee shall at all times satisfy the requirements of TIA Section 310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition condition, and it or its parent the time deposits of the Indenture Trustee shall have a long‑term debt rating of Baa3 or better be rated at least A-1 by MoodyStandard & Poor’s or shall otherwise be acceptable to and P-1 by Moody’s. The Indenture Trustee shall comply with TIA Section 310(b), including subject to the optional provision permitted by the second sentence of TIA Section 310(b)(9)penultimate paragraph thereof; 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 1 contract

Samples: Indenture (Deutsche Recreational Asset Funding Corp)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA Section 310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 50,000,000.00 as set forth in its most recent published annual report of condition condition, and it or its parent the time deposits of the Indenture Trustee shall have a long‑term debt rating of Baa3 or better be rated at least [A-1 by Standard & Poor’s and P-1 by Moody’s or shall otherwise be acceptable to Moody’s]. The Indenture Trustee shall comply with TIA Section 310(b), including the optional provision permitted by the second sentence of TIA Section 310(b)(9); 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 1 contract

Samples: Hyundai Abs Funding Corp

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA Section ss. 310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition and it or its parent shall have a long‑term long-term debt rating of Baa3 "A" or better by Moody’s or shall otherwise be acceptable to Moody’s's. The Indenture Trustee shall xxxxx comply with TIA Section ss. 310(b), including the optional provision permitted by the second sentence of TIA Section ss. 310(b)(9); provided, however, that there shall be excluded from the operation of TIA Section ss. 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 ss. 310(b)(1) are met.

Appears in 1 contract

Samples: Gmacm Home Equity Loan Trust 2005-He3

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA Section ss. 310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition and it or its parent shall have a long‑term long-term debt rating of Baa3 "A" or better by Moody’s or shall otherwise be acceptable to Moody’s's. The Indenture Trustee shall comply with TIA Section ss. 310(b), including xxxxuding the optional provision permitted by the second sentence of TIA Section ss. 310(b)(9); provided, however, that there shall be excluded from the operation of TIA Section ss. 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 ss. 310(b)(1) are met.

Appears in 1 contract

Samples: GMACM Home Equity Loan Trust 2006-He4

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA Section ss. 310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition and it or its parent shall have a long‑term long-term debt rating of Baa3 A or better by Moody’s or shall otherwise be acceptable to Moody’s's. The Indenture Trustee shall comply shxxx xxxply with TIA Section ss. 310(b), including the optional provision permitted by the second sentence of TIA Section ss. 310(b)(9); provided, however, that there shall be excluded from the operation of TIA Section ss. 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 ss. 310(b)(1) are met.

Appears in 1 contract

Samples: Residential Asset Mortgage Products Inc

Eligibility; Disqualification. (a) The Indenture Trustee shall at all times satisfy the requirements of TIA Section ss. 310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 100,000,000 as set forth in its most recent published annual report of condition and it or its parent shall have a long‑term long term debt rating of Baa3 investment grade or better by Moody’s the Rating Agencies or shall otherwise be acceptable to Moody’sthe Rating Agencies. The Indenture Trustee shall comply with TIA Section ss. 310(b), including the optional provision exception permitted by the second sentence of TIA Section ss. 310(b)(9); provided, however, provided that there shall be excluded from the operation of TIA Section ss. 310(b)(1) any indenture or indentures under which other securities of the Issuer Trust are outstanding if the requirements for such exclusion set forth in TIA Section ss. 310(b)(1) are met.

Appears in 1 contract

Samples: Servicing Agreement (Capital One Auto Receivables LLC)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA Section ss. 310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition and it or its parent shall have a long‑term longterm debt rating of Baa3 A or better by Moody’s or shall otherwise be acceptable to Moody’s's. The Indenture Trustee shall comply sxxxx xxmply with TIA Section ss. 310(b), including the optional provision permitted by the second sentence of TIA Section ss. 310(b)(9); provided, however, that there shall be excluded from the operation of TIA Section ss. 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 ss. 310(b)(1) are met.

Appears in 1 contract

Samples: Servicing Agreement (Residential Funding Mortgage Securities Ii Inc)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA Section § 310(a). The Indenture Trustee and the Securities Administrator shall each have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition and it or its parent shall have a long‑term long-term debt rating of Baa3 or better by Moody’s Mxxxx'x and BBB or shall otherwise be acceptable to Moody’sbetter by Standard & Poor's. The Indenture Trustee shall comply with TIA Section § 310(b), including the optional provision permitted by the second sentence of TIA Section § 310(b)(9); 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 1 contract

Samples: Sale and Servicing Agreement (MORTGAGEIT TRUST 2005-2, Mortgage-Backed Notes, Series 2005-2)

Eligibility; Disqualification. The Indenture Trustee shall ----------------------------- at all times satisfy the requirements of TIA Section 310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition condition, and it or its parent the time deposits of the Indenture Trustee shall have a long‑term debt rating of Baa3 or better be rated at least A-1 by Standard & Poor's and F1+ by Fitch and P-1 by Moody’s or shall otherwise be acceptable to Moody’s's. The Indenture Trustee shall comply with TIA Section 310(b), including subject to the optional provision permitted by the second sentence of TIA Section 310(b)(9)penultimate paragraph thereof; 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 1 contract

Samples: Deutsche Recreational Asset Funding Corp

Eligibility; Disqualification. (a) The Indenture Trustee shall at all times satisfy the requirements of TIA Section 310(a). ) The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition and it or its parent shall have a long‑term long-term senior unsecured debt rating of Baa3 or better not less than investment grade by Moody’s or shall otherwise be acceptable to Moody’seach of the Rating Agencies. The Indenture Trustee shall comply with TIA Section 310(b), including the optional provision permitted by the second sentence of TIA Section 310(b)(9); 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 1 contract

Samples: Indenture (SLM Education Credit Funding LLC)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA Section 310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 50,000,000.00 as set forth in its most recent published annual report of condition condition, and it or its parent the time deposits of the Indenture Trustee shall have a long‑term debt rating of Baa3 or better be rated at least “F1” by Moody’s or shall otherwise be acceptable to Fitch and “Prime-1” by Moody’s. The Indenture Trustee shall comply with TIA Section 310(b), including the optional provision permitted by the second sentence of TIA Section 310(b)(9); 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 1 contract

Samples: Hyundai Auto Receivables Trust 2011-C

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA Section ss. 310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition and it or its parent shall have a long‑term long-term unsecured debt rating of Baa3 A or better by Moody’s or shall otherwise be acceptable to Moody’sXxxxx'x. The Indenture Trustee shall comply with TIA Section ss. 310(b), including the optional provision permitted by the second sentence of TIA Section ss. 310(b)(9); provided, however, that there shall be excluded from the operation of TIA Section ss. 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 ss. 310(b)(1) are met.

Appears in 1 contract

Samples: Morgan Stanley ABS Capital I Inc. MSDWCC HELOC Trust 2005-1

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA Section 310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition and it or its parent shall have a long‑term long term debt rating of Baa3 BBB- or better by Moody’s or shall otherwise be acceptable to Moody’sthe Rating Agencies. The Indenture Trustee shall provide copies of such reports to the Security Insurer upon request. The Trustee shall comply with TIA Section 310(b), including the optional provision permitted by the second sentence of TIA Section 310(b)(9); 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 1 contract

Samples: FCC Receivables Corp

Eligibility; Disqualification. (a) The Indenture Trustee shall at all times satisfy the requirements of TIA Section TIAss. 310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition and (unless waived by Moody's) it or its parent shall have a long‑term long term unsecured debt rating of Baa3 or better by Moody’s or shall otherwise be acceptable to Moody’s. 's Investoxx Xxxxice, Inc. The Indenture Trustee shall comply with TIA Section TIAss. 310(b), including the optional provision permitted by the second sentence of TIA Section 310(b)(9); provided, however, that there shall be excluded from the operation of TIA Section ss. 310(b)(1) any indenture or indentures under which other securities of the Issuer Owner Trustee are outstanding if the requirements for such exclusion set forth in TIA Section TIAss. 310(b)(1) are met.

Appears in 1 contract

Samples: Indenture (Navistar Financial Retail Receivables Corporation)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA Section 310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition and it or its parent shall have a long‑term long-term debt rating of Baa3 "Baa3" or better by Moody’s 's and "BBB" or shall otherwise be acceptable to Moody’s. better by S&P. The Indenture Trustee shall comply with TIA xxxx XIA Section 310(b), including the optional provision permitted by the second sentence of TIA Section 310(b)(9); 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 1 contract

Samples: Indenture (Origen Manufactured Housing Contract Trust Collateralized Notes, Series 2005-B)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA Section 310(aSection310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition and it or its parent long-term unsecured debt shall have a long‑term debt rating of be rated at least Baa3 or better by Moody’s or shall otherwise be acceptable to Moody’sMoodx'x xxx BBB- by Standard & Poor's. The Indenture Trustee shall comply with TIA Section 310(bSection310(b), including the optional provision permitted by the second sentence of TIA Section 310(b)(9Section310(b)(9); provided, however, that there shall be excluded from the operation of TIA Section 310(b)(1Section310(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)(1Section310(b)(1) are met.

Appears in 1 contract

Samples: Master Indenture (Advanta Business Recievables Corp)

Eligibility; Disqualification. (a) The Indenture Trustee shall at all times satisfy the requirements of TIA Section 310(ass.310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition and it or its parent shall have a long‑term long-term debt rating of Baa3 A or better by Moody’s or shall otherwise be acceptable to Moody’s's. The Indenture Trustee shall comply with TIA Section 310(bss.310(b), including the incluxxxx xxe optional provision permitted by the second sentence of TIA Section 310(b)(9ss.310(b)(9); provided, however, that there shall be excluded from the operation of TIA Section 310(b)(1ss.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)(1ss.310(b)(1) are met.

Appears in 1 contract

Samples: Bear Stearns Asset Backed Securities I LLC

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA Section 310(ass.310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition and it or its parent shall have a long‑term long-term debt rating of Baa3 A2 or better by Moody’s or shall otherwise be acceptable to Moody’s's. The Indenture Trustee shall comply with TIA Section 310(bss.310(b), including the incluxxxx xxe optional provision permitted by the second sentence of TIA Section 310(b)(9ss.310(b)(9); provided, however, that there shall be excluded from the operation of TIA Section 310(b)(1ss.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)(1ss.310(b)(1) are met.

Appears in 1 contract

Samples: Home Equity Loan-Backed Notes Series 2003-D

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA Section 310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition and it or its parent shall have a long‑term long-term debt rating of Baa3 or better by Moody’s Xxxxx'x and BBB or shall otherwise be acceptable to Moody’sbetter by Standard & Poor's. The Indenture Trustee shall comply with TIA Section 310(b), including the optional provision permitted by the second sentence of TIA Section 310(b)(9); 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 Issuing Entity are outstanding if the requirements for such exclusion set forth in TIA Section 310(b)(1) are met.

Appears in 1 contract

Samples: Merrill Lynch Mortgage Investors Inc

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA Section 310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 50,000,000.00 as set forth in its most recent published annual report of condition condition, and it or its parent the time deposits of the Indenture Trustee shall have a long‑term debt rating of Baa3 or better be rated at least A-1 by MoodyStandard & Poor’s or shall otherwise be acceptable to and P-1 by Moody’s. The Indenture Trustee shall comply with TIA Section 310(b), including the optional provision permitted by the second sentence of TIA Section 310(b)(9); 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.. 42

Appears in 1 contract

Samples: Indenture (Hyundai Abs Funding Corp)

Eligibility; Disqualification. (a) The Indenture Trustee shall at all times satisfy the requirements of TIA Section 310(aTIAss.310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition and it or its parent shall have a long‑term long-term debt rating of Baa3 A or better by Moody’s or shall otherwise be acceptable to Moody’sXxxxx'x. The Indenture Trustee shall comply with TIA Section 310(bTIAss.310(b), including the optional provision permitted by the second sentence of TIA Section 310(b)(9TIAss.310(b)(9); provided, however, that there shall be excluded from the operation of TIA Section 310(b)(1TIAss.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)(1TIAss.310(b)(1) are met.

Appears in 1 contract

Samples: Irwin Whole Loan Home Equity Trust 2005-A

Eligibility; Disqualification. (a) The Indenture Trustee shall at all times satisfy the requirements of TIA Section 310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition condition, and it or its parent the time deposits of the Indenture Trustee shall have a long‑term debt rating of Baa3 or better be rated at least A-1 by Standard & Poor's and F1+ by Fitch and P-1 by Moody’s or shall otherwise be acceptable to Moody’s's. The Indenture Trustee shall comply with TIA Section 310(b), including subject to the optional provision permitted by the second sentence of TIA Section 310(b)(9)penultimate paragraph thereof; 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 1 contract

Samples: Indenture (Deutsche Recreational Asset Funding Corp)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA Section § 310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition and it or its parent shall have a long‑term long-term debt rating of Baa3 or better by Moody’s and BBB or shall otherwise be acceptable to Moodybetter by Standard & Poor’s. The Indenture Trustee shall comply with TIA Section § 310(b), including the optional provision permitted pxxxxxxxd by the second sentence of TIA Section § 310(b)(9); 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 1 contract

Samples: Servicing Agreement (American Home Mortgage Investment Trust 2004-3)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA Section 310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition and it or its parent shall have a long‑term long-term debt rating of Baa3 "Baa3" or better by Moody’s 's or shall otherwise be acceptable to Moody’s's. The Indenture Trustee shall comply shaxx xxxxly with TIA Section 310(b), including the optional xxx xxtional provision permitted by the second sentence of TIA Section 310(b)(9); 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 1 contract

Samples: Indenture (Nissan Auto Receivables 2002 B Owner Trust)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA Section ss. 310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition and it or its parent shall have a long‑term long-term debt rating of Baa3 "A" or better by Moody’s or shall otherwise be acceptable to Moody’s's. The Indenture Trustee Indentuxx Xxxxtee shall comply with TIA Section ss. 310(b), including the optional provision permitted by the second sentence of TIA Section ss. 310(b)(9); provided, however, that there shall be excluded from the operation of TIA Section ss. 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 ss. 310(b)(1) are met.

Appears in 1 contract

Samples: Gmacm Home Equity Loan Trust 2004-He3

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA Section 310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition and it or its parent shall have a long‑term long-term debt rating of Baa3 A3 or better by Moody’s or Moodx'x xx shall otherwise be acceptable to Moody’sMoodx'x. The Xxe Indenture Trustee shall comply with TIA Section 310(b), including the optional provision permitted by the second sentence of TIA Section 310(b)(9); 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 1 contract

Samples: Indenture (Imc Home Equity Loan Owner Trust 1997-8)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA Section 310(a). The Indenture Trustee shall have a combined capital and surplus of at least [$50,000,000 50,000,000] as set forth in its most recent published annual report of condition and it or its parent shall have a long‑term long-term debt rating of Baa3 [Baa3] or better by Moody’s or shall otherwise be acceptable to Moody’s[Xxxxx'x]. The Indenture Trustee shall comply with TIA Section 310(b), including the optional provision permitted by the second sentence of TIA Section 310(b)(9); 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 1 contract

Samples: Ab Mortgage Securities Corp

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA Section 310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition and it or its parent shall have a long‑term long-term debt rating of Baa3 [“Baa3”] or better by Moody’s [Xxxxx’x] or shall otherwise be acceptable to Moody’s[Xxxxx’x]. The Indenture Trustee shall comply with TIA Section 310(b), including the optional provision permitted by the second sentence of TIA Section 310(b)(9); 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 1 contract

Samples: Nissan Auto Receivables Corp Ii

Eligibility; Disqualification. The (a) Indenture Trustee shall at all times satisfy the requirements of TIA Section (S) 310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 20,000,000 as set forth in its most recent published annual report of condition and it or its parent shall have a long‑term long term debt rating of Baa3 investment grade or better by Moody’s the Rating Agencies or shall otherwise be acceptable to Moody’sthe Rating Agencies. The Indenture Trustee shall comply with TIA Section (S) 310(b), including the optional provision permitted by the second sentence of TIA Section (S) 310(b)(9); provided, however, provided that there shall be excluded from the operation of TIA Section (S) 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 (S) 310(b)(1) are met.

Appears in 1 contract

Samples: Amsouth Auto Receivables LLC

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA Section 310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition condition, and it or its parent the time deposits of the Indenture Trustee shall have a long‑term debt rating of Baa3 or better be rated at least A-1 by Standard & Poor's and Prime-1 by Moody’s or shall otherwise be acceptable to Moody’s's. The Indenture Trustee shall comply with TIA Section 310(b), including the optional provision permitted by the second sentence of TIA Section 310(b)(9); 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 1 contract

Samples: Indenture (World Omni Auto Receivables LLC)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA Section 310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition condition, and it or its parent the time deposits of the Indenture Trustee shall have a long‑term debt rating of Baa3 or better be rated at least A-1 by Standard & Poor's and F1+ by Fitch and P-1 by Moody’s or shall otherwise be acceptable to Moody’s's. The Indenture Trustee shall comply with TIA Section 310(b), including subject to the optional provision permitted by the second sentence of TIA Section 310(b)(9)penultimate paragraph thereof; 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 1 contract

Samples: Deutsche Recreational Asset Funding Corp

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