Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section 310(a). The 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. The Trustee shall comply with TIA Section 310(b); provided, however, that there shall be excluded from the operation of TIA Section 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA Section 310(b)(1) are met.
Appears in 46 contracts
Samples: Indenture (Stanley Works), Indenture (Associated Materials, LLC), Purchase Agreement (Amh Holdings, LLC)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section § 310(a). The 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. The Trustee shall comply with TIA Section § 310(b); provided, however, that there shall be excluded from the operation of TIA Section § 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA Section § 310(b)(1) are met.
Appears in 44 contracts
Samples: Indenture (O Reilly Automotive Inc), Indenture (Murphy USA Inc.), Indenture (OC Holding Company, LLC)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section § 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 50.0 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section § 310(b); provided, however, that there shall be excluded from the operation of TIA Section § 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA Section § 310(b)(1) are met.
Appears in 23 contracts
Samples: Indenture (General Finance CORP), Indenture (Cowen Group, Inc.), Indenture (Ross Stores Inc)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section 310(a). The 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. The Trustee shall comply with TIA Section 310(b); providedPROVIDED, howeverHOWEVER, that there shall be excluded from the operation of TIA Section 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA Section 310(b)(1) are met.
Appears in 20 contracts
Samples: Indenture (Consolidated Natural Gas Co/Va), Indenture (Dominion Resources Inc /Va/), Indenture (Merisant Foreign Holdings I Inc)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 50 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section 310(b); provided, however, that there shall be excluded from the operation of TIA Section 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA Section 310(b)(1) are met.
Appears in 19 contracts
Samples: Indenture (Laboratory Corp of America Holdings), Supplemental Indenture (Laboratory Corp of America Holdings), Supplemental Indenture (Laboratory Corp of America Holdings)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 100 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section 310(b); provided, however, that there shall be excluded from the operation of TIA Section 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA Section 310(b)(1) are met.
Appears in 17 contracts
Samples: Indenture (Pier 1 Imports Inc/De), Pier 1 Imports Inc/De, Indenture (Viasystems Inc)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section 310(a310(a)(1) and 310(a)(5). The 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. The Trustee shall comply with TIA Section 310(b); provided, howeverincluding the optional provision permitted by the second sentence of TIA Section 310(b)(9). In determining whether the Trustee has conflicting interests as defined in TIA Section 310(b)(1), that there shall be excluded from the operation of provisions contained in the proviso to TIA Section 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA Section 310(b)(1) are metshall be deemed incorporated herein.
Appears in 12 contracts
Samples: Indenture (Litton Industries Inc), Indenture (Litton Industries Inc), Indenture (Litton Industries Inc)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section 310(a). The 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. The Trustee shall comply with TIA Section 310(b); provided, however, that there shall be excluded from the operation of TIA Section 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA Section 310(b)(1) are met.
Appears in 11 contracts
Samples: Indenture (Magellan Health Services Inc), Supplemental Indenture (Grey Wolf Inc), Indenture (Evenflo Co Inc)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section § 310(a). The 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. The Trustee shall comply with TIA Section § 310(b); provided, however, that there shall be excluded from the operation of TIA Section § 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA Section § 310(b)(1) are met.
Appears in 9 contracts
Samples: Supplemental Indenture (Venoco, Inc.), Guaranteed Obligation (864 Beverage, Inc.), Indenture (Venoco, Inc.)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section 310(a). The 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. The Trustee shall comply with TIA Section 310(b); provided, however, that there shall be excluded from the operation of TIA Section 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company Issuers are outstanding if the requirements for such exclusion set forth in TIA Section 310(b)(1) are met.
Appears in 9 contracts
Samples: Associated Materials, LLC, Warrant Agreement (Iridium Capital Corp), Indenture (United States Steel Corp)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section § 310(a). The 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. The Trustee shall comply with TIA Section § 310(b); provided, however, that there shall be excluded from the operation of TIA Section § 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company Issuer are outstanding if the requirements for such exclusion set forth in TIA Section § 310(b)(1) are met.
Appears in 7 contracts
Samples: Agreement and Plan of Merger (Watson Wyatt Worldwide, Inc.), Passu Intercreditor Agreement (Diamond Resorts Parent, LLC), Supplemental Indenture (Century Communities, Inc.)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section ss. 310(a). The 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. The Trustee shall comply with TIA Section ss. 310(b); providedPROVIDED, howeverHOWEVER, that there shall be excluded from the operation of TIA Section ss. 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA Section ss. 310(b)(1) are met.
Appears in 6 contracts
Samples: Intercreditor Agreement (Columbus McKinnon Corp), Intercompany Note Guarantee Agreement (Ucar International Inc), Supplemental Indenture (Riverwood Holding Inc)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 50.0 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section 310(b); provided, however, that there shall be excluded from the operation of TIA Section 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA Section 310(b)(1) are met.
Appears in 6 contracts
Samples: Indenture (Telex Communications Intermediate Holdings LLC), Indenture (Day International Group Inc), Indenture (Telex Communications Inc)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section § 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 U.S.$50,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section § 310(b); provided, however, that there shall be excluded from the operation of TIA Section § 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company 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 (Fibria Celulose S.A.), Indenture (Votorantim Pulp & Paper Inc), Indenture (Suzano Austria GmbH)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section § 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 10,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section § 310(b); provided, however, that there shall be excluded from the operation of TIA Section § 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA Section § 310(b)(1) are met.
Appears in 4 contracts
Samples: Indenture (Emerald Plantation Holdings LTD), www.emeraldplantationholdings.com, www.emeraldplantationholdings.com
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 50.0 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section 310(b); provided, however, that there shall be excluded from the operation of TIA Section 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA Section 310(b)(1) are met.
Appears in 4 contracts
Samples: Supplemental Indenture (Denbury Resources Inc), Indenture (Denbury Management Inc), Denbury Resources Inc
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section 310(a). The 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. The Trustee shall comply with TIA Section 310(b); provided, however, that there shall be excluded from the operation of TIA Section 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company 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 (Phoenix Md Realty LLC), Usx Corp, Youbet Com Inc
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section section 310(a). The 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. The Trustee shall comply with TIA Section section 310(b); provided, however, that there shall be excluded from the operation of TIA Section section 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA Section section 310(b)(1) are met.
Appears in 4 contracts
Samples: Indenture (Stanley Works), Coors Adolph Co, Winstar Communications Inc
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 25,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section 310(b); provided, however, that there shall be excluded from the operation of TIA Section 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA Section 310(b)(1) are met.
Appears in 4 contracts
Samples: Indenture (Nibco Inc), BMG North America LTD, Oxford Automotive Inc
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section § 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 50 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section § 310(b); provided, however, that there shall be excluded from the operation of TIA Section § 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company Issuers are outstanding if the requirements for such exclusion set forth in TIA Section § 310(b)(1) are met.
Appears in 3 contracts
Samples: Elan Finance (Elan Corp PLC), Indenture (Elan Corp PLC), Elan Corp PLC
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section § 310(a). The 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. The Trustee shall comply with TIA Section § 310(b); provided, however, that there shall be excluded from the operation of TIA Section § 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company Issuer are outstanding if the requirements for such exclusion set forth in TIA Section 310(b)(1§ 310 (b)(1) are met.
Appears in 3 contracts
Samples: Indenture (Central European Media Enterprises N.V.), Indenture (CME Media Enterprises B.V.), Central European Media Enterprises LTD
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section § 310(a). The Trustee shall have a combined capital and surplus (together with its corporate parent) of at least $50,000,000 50.0 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section § 310(b); provided, however, that there shall be excluded from the operation of TIA Section § 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA Section § 310(b)(1) are met.
Appears in 3 contracts
Samples: Indenture (CONSOL Energy Inc), Indenture (CONSOL Energy Inc), Indenture (CONSOL Energy Inc)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section 310(a)) of the TIA. The 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. The Trustee shall comply with TIA Section 310(b)) of the TIA; provided, however, that there shall be excluded from the operation of TIA Section 310(b)(1) of the TIA any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA Section 310(b)(1) of the TIA are met.
Appears in 3 contracts
Samples: Supplemental Indenture (Brindlee Mountain Telephone Co), Otelco (Otelco Telecommunications LLC), Otelco (Otelco Inc.)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section §310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 100 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section §310(b); provided, however, that there shall be excluded from the operation of TIA Section §310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA Section §310(b)(1) are met.
Appears in 3 contracts
Samples: Newmont Mining Corp /De/, Newmont Mining Corp /De/, Newmont Mining Corp /De/
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section 310(a). The 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. The Trustee shall comply with TIA Section 310(b); provided, however, that there shall be excluded from the operation of TIA Section 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company any Issuer are outstanding if the requirements for such exclusion set forth in TIA Section 310(b)(1) are met.
Appears in 3 contracts
Samples: JAG FOOTWEAR, ACCESSORIES & RETAIL Corp, Jones Group Inc, Jones Apparel Group Inc
Eligibility; Disqualification. The This Indenture shall always have a Trustee shall at all times satisfy who satisfies the requirements of TIA Section 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 25 million as set forth in its most recent published annual report of condition. The Trustee shall comply with is subject to TIA Section 310(b); provided, however, that there shall be excluded from the operation of TIA Section 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA Section 310(b)(1) are met.
Appears in 2 contracts
Samples: Graphic Packaging Corp, Agco Corp /De
Eligibility; Disqualification. The This Indenture shall always have a Trustee shall at all times satisfy who satisfies the requirements of TIA Section 310(a310(a)(1). The Trustee shall always have a combined capital and surplus of at least $50,000,000 10,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section 310(b); provided, however, PROVIDED that there shall be excluded from the operation of TIA Section 310(b)(1) any indenture or indentures under which other securities securities, or certificates of interest or participation in other securities securities, of the Company are outstanding if and meeting the requirements for such exclusion set forth in TIA Section 310(b)(1) are met).
Appears in 2 contracts
Samples: Schuler Homes Inc, Schuler Homes Inc
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section 310(a)) of the TIA. The Trustee shall have a combined capital and surplus of at least $50,000,000 50 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section 310(b)) of the TIA; provided, however, that there shall be excluded from the operation of TIA Section 310(b)(1) of the TIA any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA Section 310(b)(1) of the TIA are met.
Appears in 2 contracts
Samples: Indenture (Us Can Corp), Indenture (United States Can Company /De/)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section § 310(a). The 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. The Trustee shall comply with TIA Section § 310(b); provided, however, that there shall be excluded from the operation of TIA Section § 310(b)(1) any Series of Securities and any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA Section § 310(b)(1) are met.
Appears in 2 contracts
Samples: Indenture (Goodyear Tire & Rubber Co /Oh/), Indenture (Goodyear Export Inc.)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section ss. 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 100 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section ss. 310(b); providedPROVIDED, howeverHOWEVER, that there shall be excluded from the operation of TIA Section ss. 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA Section ss. 310(b)(1) are met.
Appears in 2 contracts
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section 310(a310(a)(1) and 310(a)(5). The 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. The Trustee shall comply with TIA Section 310(b); provided, howeverincluding the optional provision permitted by the second sentence of TIA Section 310(b)(9). In determining whether the Trustee has conflicting interests as defined in TIA Section 310(b)(1), that there shall be excluded from the operation of provisions contained in the proviso to TIA Section 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA Section 310(b)(1) are metshall be deemed incorporated herein.
Appears in 2 contracts
Samples: Trust Indenture and Security Agreement (Korth Direct Mortgage LLC), Trust Indenture and Security Agreement (Korth Direct Mortgage LLC)
Eligibility; Disqualification. The This Indenture shall always have a Trustee shall at all times satisfy who satisfies the requirements requirement of TIA Section Sections 310(a). The 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. The Trustee shall comply with TIA Section 310(b); provided, however, that there shall be excluded from the operation of TIA Section 310(b)(1) any indenture or indentures under which other securities securities, or certificates of interest or participation in other securities securities, of the Company Issuer are outstanding outstanding, if the requirements for such exclusion set forth in TIA Section 310(b)(1) are met.
Appears in 2 contracts
Samples: Indenture (Cardiac Science Inc), Indenture (Cardiac Science Inc)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 100 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section 310(b); providedPROVIDED, howeverHOWEVER, that there shall be excluded from the operation of TIA Section 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA Section 310(b)(1) are met.
Appears in 2 contracts
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section § 310(a). The 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. The Trustee shall comply with TIA Section § 310(b); provided, however, that there shall be excluded from the operation of TIA Section § 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company Issuers are outstanding if the requirements for such exclusion set forth in TIA Section § 310(b)(1) are met.
Appears in 2 contracts
Samples: Indenture (Tronox Inc), Tronox (Tronox Inc)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section ss. 310(a). The 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. The Trustee shall comply with TIA Section ss. 310(b); providedPROVIDED, howeverHOWEVER, that there shall be excluded from the operation of TIA Section ss. 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding out standing if the requirements for such exclusion set forth in TIA Section ss. 310(b)(1) are met.
Appears in 2 contracts
Samples: Indenture (Ta Operating Corp), Indenture (Texas Petrochemicals Corp)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 50.0 million as set forth in its most recent published annual report of condition. The Trustee Subject to the provisions of the penultimate paragraph thereof, the Trust shall comply with TIA Section 310(b); providedPROVIDED, howeverHOWEVER, that there shall be excluded from the operation of TIA Section 310(b)(1310(b) (1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA Section 310(b)(1310(b) (1) are met.
Appears in 2 contracts
Samples: Indenture (Pt Polytama Propindo), Indenture (Pt Polytama Propindo)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 400 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section 310(b); provided, however, that there shall be excluded from the operation of TIA Section 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA Section 310(b)(1) are met.
Appears in 2 contracts
Samples: Indenture (Aurora Foods Inc /De/), Doane Pet Care Enterprises Inc
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 50.0 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section 310(b); providedPROVIDED, howeverHOWEVER, that there shall be excluded from the operation of TIA Section 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA Section 310(b)(1) are met.
Appears in 2 contracts
Samples: Indenture (Amtrol Inc /Ri/), PrimeWood, Inc.
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 100 million as set forth in its most recent recently published annual report of condition. The Trustee shall comply with TIA Section 310(b); provided, however, that there shall be excluded from the operation of TIA Section 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA Section 310(b)(1) are met.
Appears in 1 contract
Samples: Res Care Inc /Ky/
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section 310(a). The Trustee Trustee, together with its affiliates, shall have a combined capital and surplus of at least $50,000,000 50 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section 310(b); provided, however, that there shall be excluded from the operation of TIA Section 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA Section 310(b)(1) are met.
Appears in 1 contract
Samples: King Pharmaceuticals Inc
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section 310(a310(a)(1), (2) and (5). The 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. The Trustee shall comply with TIA Section 310(b); provided, however, that there shall be excluded from the operation of TIA Section 310(b)(1) any indenture or indentures under which other securities securities, or certificates of interest or participation in other securities securities, of the Company are outstanding outstanding, if the requirements for such exclusion set forth in TIA Section 310(b)(1) are met.
Appears in 1 contract
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section 310(a). The 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. The Trustee shall comply with TIA Section 310(b), subject to the 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 or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA Section 310(b)(1) are met.
Appears in 1 contract
Samples: Stone Energy Corp
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section 310(a). The 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. The Trustee shall comply with TIA Section 310(b); provided, however, that there shall be excluded from the operation of TIA Section 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are 102 outstanding if the requirements for such exclusion set forth in TIA Section 310(b)(1) are met.
Appears in 1 contract
Samples: Encore Acquisition Co
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section SECTION 310(a). The 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. The Trustee shall comply with TIA Section SECTION 310(b); provided, however, that there shall be excluded from the operation of TIA Section SECTION 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA Section SECTION 310(b)(1) are met.
Appears in 1 contract
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section 310(a). The 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. The Trustee shall comply with TIA Section 310(b); provided, however, that there shall be excluded from the operation of TIA Section 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company Issuer are outstanding if the requirements for such exclusion set forth in TIA Section 310(b)(1) are met.
Appears in 1 contract
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section ss. 310(a). The 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. The Trustee shall comply with TIA Section TIAss. 310(b); providedPROVIDED, howeverHOWEVER, that there shall be excluded from the operation of TIA Section ss. 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA Section 310(b)(1) are met.
Appears in 1 contract
Samples: Supplemental Indenture (Werner Holding Co Inc /Pa/)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 150 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section 310(b); provided, however, that there shall be excluded from the operation of 64 -86- TIA Section 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA Section 310(b)(1) are met. Section 7.11.
Appears in 1 contract
Eligibility; Disqualification. The Trustee shall at all ------------------------------ times satisfy the requirements of TIA Section 310(a). The 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. The Trustee shall comply with TIA Section 310(b); provided, however, that there shall be excluded from the -------- ------- operation of TIA Section 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA Section 310(b)(1) are met.
Appears in 1 contract
Samples: Wiser Marketing Co
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section 310(a). The 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. The Trustee shall comply with TIA Section 310(b); provided, however, that there shall be excluded from the operation of TIA Section 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company Issuers are outstanding out standing if the requirements for such exclusion set forth in TIA Section 310(b)(1) are met.
Appears in 1 contract
Samples: Indenture (Globalstar Capital Corp)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section § 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 100 million as set forth in its most recent recently published annual report of condition. The Trustee shall comply with TIA Section § 310(b); provided, however, that there shall be excluded from the operation of TIA Section § 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA Section § 310(b)(1) are met.
Appears in 1 contract
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section 310(a). The 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. The Trustee shall comply with TIA Section 310(b); provided, however, that there shall be excluded from the operation of TIA Section 310(b)(1) any indenture or indentures under which other securities Securities or certificates of interest or participation in other securities Securities of the Company Issuer are outstanding if the requirements for such exclusion set forth in TIA Section 310(b)(1) are met.
Appears in 1 contract
Samples: Umt Holdings Lp
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section 310(a). The 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. The Trustee shall comply with TIA Section 310(b); provided, howeverhowever , that there shall be excluded from the operation of TIA Section 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA Section 310(b)(1) are met.
Appears in 1 contract
Eligibility; Disqualification. The Trustee and the Authenticating Agent shall at all times satisfy the requirements of TIA Section 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 U.S.$150,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section 310(b); provided, however, that there shall be 32 excluded from the operation of TIA Section 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA Section 310(b)(1) are met.
Appears in 1 contract
Samples: Pearson PLC
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section sec. 310(a). The 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. The Trustee shall comply with TIA Section sec. 310(b); provided, however, that there shall be excluded from the operation of TIA Section sec. 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA Section sec. 310(b)(1) are met. SECTION 7.11.
Appears in 1 contract
Samples: Menasco Aerosystems Inc
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section 310(a). The 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. The Trustee shall comply with TIA Section 310(b310 (b); providedPROVIDED, howeverHOWEVER, that there shall be excluded from the operation of TIA Section 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in 82 other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA Section 310(b)(1) are met.
Appears in 1 contract
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section 310(a). The 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. The Trustee shall comply with TIA Section 310(b); providedPROVIDED, howeverHOWEVER, that there shall be excluded from the operation of TIA Section 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA Section 310(b)(1) are met.
Appears in 1 contract
Samples: Carter William Co /Ga/
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section 310(a§ 310(a)(1), (2) and (5). The Trustee shall have a combined capital and surplus of at least $50,000,000 25,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section § 310(b); provided, however, that there shall be excluded from the operation of TIA Section § 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA Section § 310(b)(1) are met.
Appears in 1 contract
Samples: Indenture (UL Solutions Inc.)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section §310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 100 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section §310(b); provided, however, that there shall be excluded from the operation of TIA Section §310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA Section §310(b)(1) are met.met 36
Appears in 1 contract
Samples: Newmont Mining Corp /De/
Eligibility; Disqualification. The This Indenture shall always have a Trustee shall at all times satisfy that satisfies the requirements of TIA Section 310(a). The 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. The Trustee shall comply with TIA Section 310(b); provided, however, that PROVIDED there shall be excluded from the operation of TIA Section 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA Section 310(b)(1) are met.
Appears in 1 contract
Samples: Indenture (DST Systems Inc)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 250,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section 310(b); provided, however, that there shall be excluded from the operation of TIA Section 310(b)(1) and any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company either Issuer are outstanding if the requirements for such exclusion set forth in TIA Section 310(b)(1) are met.
Appears in 1 contract
Samples: Ticketmaster Corp /Il/
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section § 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 U. S.$50,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section § 310(b); provided, however, that there shall be excluded from the operation of TIA Section § 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company 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 (Fibria Celulose S.A.)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section 310(a). The 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. The Trustee shall comply with TIA Section 310(b); provided, however, that there shall be excluded from the operation of TIA Section 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company Bucyrus are outstanding if the requirements for such exclusion set forth in TIA Section 310(b)(1) are met.
Appears in 1 contract
Samples: Bucyrus International Inc
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 U.S.$50.0 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section 310(b); provided, however, that there shall be excluded from the operation of TIA Section 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA Section 310(b)(1) are met.
Appears in 1 contract
Samples: Bell Atlantic Corp
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 US$150 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section 310(b); provided, however, that there shall be excluded from the operation of TIA Section 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA Section 310(b)(1) are met.
Appears in 1 contract
Samples: Grupo Financiero Galicia Sa
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section 310(a). The 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. The Trustee shall comply with TIA Section 310(b); provided, however, that there shall be excluded from the operation of TIA Section 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding out standing if the requirements for such exclusion set forth in TIA Section 310(b)(1) are met.
Appears in 1 contract
Samples: Indenture (MBS Multimode Inc)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section {section} 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 150 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section {section} 310(b); provided, however, that there shall be excluded from the operation of TIA Section {section} 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA Section {section} 310(b)(1) are met.
Appears in 1 contract
Samples: Indenture (Dimon Inc)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 50.0 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section 310(b); providedPROVIDED, howeverHOWEVER, that there shall be excluded from the operation of TIA Section 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA Section 310(b)(1) are met.
Appears in 1 contract
Samples: Kelley Oil & Gas Corp
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section 310(a). The 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. The Trustee shall comply with TIA Section 310(b); providedPROVIDED, howeverHOWEVER, that there shall be excluded from the operation of TIA Section 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company 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 (Coca Cola Bottling Co Consolidated /De/)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section 310(a). The 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. The Trustee shall comply with TIA Section 310(b); provided, however, that there shall be excluded from the operation of TIA Section 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in 74 75 other securities of the Company 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 (Susquehanna Media Co)
Eligibility; Disqualification. The Trustee shall at ------------------------------ all times satisfy the requirements of TIA Section 310(a). The 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. The Trustee shall comply with TIA Section 310(b); provided, however, that there shall be excluded from the operation of -------- ------- TIA Section 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA Section 310(b)(1) are met.
Appears in 1 contract
Samples: Cytec Industries Inc/De/
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section 310(a). The 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. The Trustee shall comply with TIA Section 310(b); provided, however, that there shall be excluded from the operation of TIA Section 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are 73 73 outstanding if the requirements for such exclusion set forth in TIA Section 310(b)(1) are met.
Appears in 1 contract
Samples: Indenture (Ixc Communications Inc)
Eligibility; Disqualification. The Trustee shall at all ----------------------------- times satisfy the requirements of TIA Section ' 310(a). The 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. The Trustee shall comply with TIA Section ' 310(b); provided, however, that there shall be excluded from the operation of TIA Section ' 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA Section ' 310(b)(1) are met.
Appears in 1 contract
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section 310(a)) of the TIA. The 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. The Trustee shall comply with TIA Section 310(b)) of the TIA; provided, however, that there shall be excluded from the operation of TIA Section 310(b)(1) of the TIA any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company Issuer are outstanding if the requirements for such exclusion set forth in TIA Section 310(b)(1) of the TIA are met.
Appears in 1 contract
Samples: Indenture (American Seafoods Corp)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section ss. 310(a). The 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. The Trustee shall comply with TIA Section ss. 310(b); providedPROVIDED, howeverHOWEVER, that there shall be excluded from the operation of TIA Section ss. 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA Section ss. 310(b)(1) are met.. 76
Appears in 1 contract
Samples: Pathmark Stores Inc
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 50.0 million as set forth in its most recent recently published annual report of condition. The Trustee shall comply with TIA Section 310(b); provided, however, that there shall be excluded from the operation of TIA Section 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA Section 310(b)(1) are met.
Appears in 1 contract
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 25,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section 310(b); providedPROVIDED, howeverHOWEVER, that there shall be excluded from the operation of TIA Section 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA Section 310(b)(1) are met.
Appears in 1 contract
Samples: Bekins Co /New/
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section section 310(a). The 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. The Trustee shall comply with TIA Section section 310(b); providedPROVIDED, howeverHOWEVER, that there shall be excluded from the operation of TIA Section section 310(b)(1) any indenture or oR indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA Section section 310(b)(1) are met.
Appears in 1 contract
Samples: Indenture (Argo Tech Corp)
Eligibility; Disqualification. (a) The Trustee shall at all times satisfy the requirements of TIA Section section 310(a). The 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. The Trustee shall comply with TIA Section section 310(b); provided, however, that there shall be excluded from the operation of TIA Section section 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA Section section 310(b)(1) are met.
Appears in 1 contract
Samples: Indenture (Molson Coors Brewing Co)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section ss. 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 50 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section ss. 310(b); providedPROVIDED, howeverHOWEVER, that there shall be excluded from the operation of TIA Section ss. 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding out standing if the requirements for such exclusion set forth in TIA Section ss. 310(b)(1) are met.
Appears in 1 contract
Samples: Hyster Overseas Capital Corp LLC
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 25,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section 310(b310(B); providedPROVidED, howeverHOWever, that there shall be excluded from the operation of TIA Section 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA Section 310(b)(1) are met.
Appears in 1 contract
Samples: General Automation Inc/Il
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section 310(a). The Trustee shall always have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section 310(b); provided, however, that there shall be excluded from the operation of TIA Section 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA Section 310(b)(1) are met.
Appears in 1 contract
Samples: Citgo Petroleum Corp
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 75,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section 310(b); provided, however, that there shall be excluded from the operation of TIA Section 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company Issuer are outstanding if the requirements for such exclusion set forth in TIA Section 310(b)(1) are met.
Appears in 1 contract
Samples: Acs Infosource Inc
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 150,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section 310(b); provided, howeverincluding the optional provision permitted by the second sentence of TIA Section 310(b)(9). In determining whether the Trustee has conflicting interests as defined in TIA Section 310(b)(1), that there shall be excluded from the operation of provisions contained in the proviso to TIA Section 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA Section 310(b)(1) are metshall be deemed incorporated herein.
Appears in 1 contract
Samples: Semble, Inc.
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section 310(a). The 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. The Trustee shall comply with TIA Section 310(b); provided12rovided, however, that there shall be excluded from the operation of TIA Section 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company any Issuer are outstanding if the requirements for such exclusion set forth in TIA Section 310(b)(1) are met.
Appears in 1 contract
Samples: Jones Apparel Group Inc
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 25,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section 310(b); provided, however, that there shall be excluded from the operation of TIA Section 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company Issuers are outstanding if the requirements for such exclusion set forth in TIA Section 310(b)(1) are met.
Appears in 1 contract
Samples: Chiles Magellan LLC
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section ss. 310(a). The 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. The Trustee shall comply with TIA Section TIAss. 310(b); providedPROVIDED, howeverHOWEVER, that there shall be excluded from the operation of TIA Section TIAss. 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA Section ss. 310(b)(1) are met.
Appears in 1 contract
Samples: Argo Tech Corp
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most 72 66 recent published annual report of condition. The Trustee shall comply with TIA Section 310(b); provided, however, that there shall be excluded from the operation of TIA Section 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company Issuers are outstanding if the requirements for such exclusion set forth in TIA Section 310(b)(1) are met.
Appears in 1 contract
Eligibility; Disqualification. The Trustee shall at all ----------------------------- times satisfy the requirements of TIA Section 310(aSections 310(a)(1) and 310(b). The Trustee and its parent company 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. The In determining whether the Trustee shall comply with has conflicting interests as defined in TIA Section 310(b310(b)(1); provided, however, that there shall be excluded from the operation of provisions contained in the proviso to TIA Section 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA Section 310(b)(1) are metshall be deemed incorporated herein.
Appears in 1 contract
Samples: Indenture (Hewlett Packard Co)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section ss. 310(a). The 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. The Trustee shall comply with TIA Section TIAss. 310(b); providedPROVIDED, howeverHOWEVER, that there shall be excluded from the operation of TIA Section TIAss. 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA Section TIAss. 310(b)(1) are met.
Appears in 1 contract
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 250,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section 310(b); provided, however, that there shall be excluded from the operation of TIA Section 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company 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 (Spectrasite Holdings Inc)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 10 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section 310(b); provided, however, that there shall be excluded from the operation of TIA Section 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA Section 310(b)(1) are met.
Appears in 1 contract
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section ss. 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 50.0 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section ss. 310(b); providedPROVIDED, howeverHOWEVER, that there shall be excluded from the operation of TIA Section ss. 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA Section ss. 310(b)(1) are met.
Appears in 1 contract
Samples: Hexcel Corp /De/
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 150 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section 310(b); provided, however, that there shall be excluded from the operation of TIA Section 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA Section 310(b)(1) are met.
Appears in 1 contract
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section § 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 50.0 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section § 310(b); provided, however, that there shall be excluded from the operation of TIA Section § 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA Section § 310(b)(1) are met.
Appears in 1 contract
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section § 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 10 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section § 310(b); provided, however, that there shall be excluded from the operation of TIA Section § 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA Section § 310(b)(1) are met.
Appears in 1 contract
Samples: Callon Petroleum Co
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section (Section) 310(a). The 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. The Trustee shall comply with TIA Section (Section) 310(b); provided, however, that there shall be excluded from the operation of TIA Section (Section) 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA Section (Section) 310(b)(1) are met.
Appears in 1 contract
Samples: Asset Purchase Agreement (Wix Filtration Media Specialists, Inc.)