Eligibility; Disqualification. This Indenture shall always have a Trustee that satisfies the requirements of TIA § 310(a)(1), (2) and (5) in every respect. The Trustee shall have a combined capital and surplus of at least $100 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA § 310(b); provided, however, that there shall be excluded from the operation of TIA § 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 § 310(b)(1) are met.
Appears in 26 contracts
Samples: Indenture (CNX Resources Corp), Intercreditor Agreement (EM Holdings LLC), Indenture (CONSOL Energy Inc)
Eligibility; Disqualification. This Indenture shall always have a Trustee that satisfies the requirements of TIA § Section 310(a)(1), (2) and (5) in every respect. The Trustee shall have a combined capital and surplus of at least $100 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA § Section 310(b); 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 16 contracts
Samples: Indenture (Infor, Inc.), Indenture (Essar Steel Algoma Inc.), Indenture (Trisyn Group, Inc.)
Eligibility; Disqualification. This Indenture shall always have a Trustee that satisfies the requirements of TIA § Section 310(a)(1), (2) and (5) in every respect. The Trustee shall have a combined capital and surplus of at least $100 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA § Section 310(b); 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 12 contracts
Samples: Indenture (Townsquare Media, LLC), Indenture (Trisyn Group, Inc.), Indenture (Restaurant Brands International Inc.)
Eligibility; Disqualification. This Indenture shall always have a Trustee that satisfies the requirements of TIA § 310(a)(1), (2) and (5) in every respect. The Trustee shall have a combined capital and surplus of at least $100 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA § 310(b); provided, however, that there shall be excluded from the operation of TIA § 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 § 310(b)(1) are met.
Appears in 12 contracts
Samples: Indenture (Burger King Holdings Inc), Indenture (Radioshack Corp), Indenture (ExamWorks Group, Inc.)
Eligibility; Disqualification. This Indenture shall always have a Trustee that satisfies the requirements of TIA § 310(a)(1), (2) and (5) 310 in every respect. The Trustee shall have a combined capital and surplus of at least $100 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA § 310(b); provided, however, that there shall be excluded from the operation of TIA § 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 § 310(b)(1) are met.
Appears in 8 contracts
Samples: Indenture (Gibraltar Industries, Inc.), Indenture (Libbey Inc), Indenture (Libbey Inc)
Eligibility; Disqualification. This Indenture shall always have a Trustee that who satisfies the requirements of TIA § Sections 310(a)(1), (2) and (5) in every respect310(a)(5). The Trustee shall have a combined capital and surplus of at least $100 million 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 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 8 contracts
Samples: Indenture (Scott Cable Communications Inc), Indenture (Scott Cable Communications Inc), Indenture (Scott Cable Communications Inc)
Eligibility; Disqualification. This Indenture (a) The Trustee shall always have a Trustee that satisfies at all times satisfy the requirements of TIA § 310(a)(1), (2Section 310(a) and (5) shall in every respect. The Trustee shall addition have a combined capital and surplus of at least $100 million 50,000,000 as set forth in its most recent published annual report of condition. The Trustee shall provide copies of such reports to the Insurer upon request. 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 8 contracts
Samples: Indenture (WFS Receivables Corp 2), Indenture (WFS Receivables Corp), Indenture (WFS Receivables Corp 2)
Eligibility; Disqualification. This Indenture shall always have a Trustee that who satisfies the requirements requirement of TIA §§ 310(a)(1), (2) and (5) in every respect310(a)(5). The Trustee shall have a combined capital and surplus of at least $100 million 50,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA § 310(b); provided, however, that there shall be excluded from the operation of TIA § 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 § 310(b)(1) are met.
Appears in 7 contracts
Samples: Indenture (Tenneco Inc), Indenture (Tenneco Inc), Indenture (Visteon Corp)
Eligibility; Disqualification. This Indenture shall always have a Trustee that who satisfies the requirements of TIA § 310(a)(1), (2) and (52) in every respect. The Trustee shall have a combined capital and surplus of at least $100 million 100,000,000 as set forth in its the most recent applicable published annual report of condition. The Trustee shall comply with TIA § 310(b); provided, however, that there shall be excluded from the operation of TIA § 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 § 310(b)(1) are met.
Appears in 7 contracts
Samples: Indenture (Crown Holdings Inc), Indenture (Crown Holdings Inc), Crown Holdings Inc
Eligibility; Disqualification. This Indenture shall always have a Trustee that who satisfies the requirements of TIA § Section 310(a)(1), (2) and (52) in every respect. The Trustee shall have a combined capital and surplus of at least $100 million 50,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA § Section 310(b), including the provision in Section 310(b)(1); 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 conflicts of interest or participation in other securities securities, of the Company or the Guarantors are outstanding if the requirements for such exclusion set forth in TIA § Section 310(b)(1) are met.
Appears in 7 contracts
Samples: Indenture (Federal Mogul Corp), Execution (Mariner Health Care Inc), Genesis Health (Genesis Health Ventures Inc /Pa)
Eligibility; Disqualification. This Indenture shall always have a Trustee that satisfies the requirements of TIA § 310(a)(1), (2) and (5) in every respect. The Trustee shall have a combined capital and surplus of at least $100 50.0 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA § 310(b); provided, however, that there shall be excluded from the operation of TIA § 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 § 310(b)(1) are met.
Appears in 7 contracts
Samples: Indenture (Latchey LTD), Indenture (Central European Distribution Corp), Restricted Payments (CEDC Finance Corp LLC)
Eligibility; Disqualification. This Indenture shall always have a Trustee that satisfies the requirements of TIA § Section 310(a)(1), (2) and (5) in every respect. The Trustee shall have a combined capital and surplus of at least $100 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA § Section 310(b); 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 (OneMain Financial Holdings, Inc.), Churchill Downs Incorporated (Churchill Downs Inc), Indenture (CHURCHILL DOWNS Inc)
Eligibility; Disqualification. This Indenture shall always have a Trustee that who satisfies the requirements of TIA § 310(a)(1), (2) and (52) in every respect. The Trustee shall have a combined capital and surplus of at least $100 million 100,000,000 as set forth in its the most recent applicable published annual report of condition. The Trustee shall comply with TIA § 310(b); provided, however, that there shall be excluded from the operation of TIA § 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 § 310(b)(1) are met.
Appears in 6 contracts
Samples: Indenture (Crown Holdings Inc), Indenture (Crown Holdings Inc), Indenture (Crown Holdings, Inc.)
Eligibility; Disqualification. This Indenture shall always have a Trustee that who satisfies the requirements of TIA § Section 310(a)(1), (2) and (52) in every respect. The Trustee shall have a combined capital and surplus of at least $100 million 100,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA § Section 310(b), including the provision in Section 310(b)(1); 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 conflicts of interest or participation in other securities securities, of the Company or the Guarantors are outstanding if the requirements for such exclusion set forth in TIA § Section 310(b)(1) are met.
Appears in 6 contracts
Samples: Indenture (Raintree Healthcare Corp), Indenture (Genesis Health Ventures Inc /Pa), Submicron Systems Corp
Eligibility; Disqualification. This Indenture shall always have a Trustee that satisfies the requirements of TIA § 310(a)(1), (2) and (5) in every respect. The Trustee shall have a combined capital and surplus of at least $100 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA § 310(b); provided, however, that there shall be excluded from the operation of TIA § 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 § 310(b)(1) are met. Section 7.11. [Intentionally Omitted].
Appears in 6 contracts
Samples: Registration Rights Agreement (Cleveland-Cliffs Inc.), Registration Rights Agreement (Cleveland-Cliffs Inc.), Registration Rights Agreement (Cleveland-Cliffs Inc.)
Eligibility; Disqualification. This Indenture The Trustee shall always have a Trustee that satisfies at all times satisfy the requirements of TIA § 310(a)(1310(a), (2) and (5) in every respect. The Trustee shall have a combined capital and surplus of at least $100 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA § 310(b); provided, however, that there shall be excluded from the operation of TIA § 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 § 310(b)(1) are met. This Indenture will always have a Trustee that satisfies the requirements of TIA § 310(a)(1), (2) and (5).
Appears in 5 contracts
Samples: Indenture (Star Gas Partners Lp), Indenture (Star Gas Finance Co), Indenture (Star Gas Partners Lp)
Eligibility; Disqualification. This Indenture The Trustee shall always have a Trustee that satisfies at all times satisfy the requirements of TIA § 310(a)(1310(a), (2) and (5) in every respect. The Trustee shall have a combined capital and surplus of at least $100 U.S.$50.0 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA § 310(b); 310(b); provided, however, that there shall be excluded from the operation of TIA § 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 § 310(b)(1) are met.
Appears in 4 contracts
Samples: Indenture (Arazi S.a r.l.), Indenture (Arazi S.a r.l.), Indenture (Arazi S.a r.l.)
Eligibility; Disqualification. This The Indenture shall always have a Trustee that who satisfies the requirements requirement of TIA §§ 310(a)(1), (2) and (5) in every respect310(a)(5). The Trustee shall have a combined capital and surplus of at least $100 million 50,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA § 310(b); provided, however, that there shall be excluded from the operation of TIA § 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 § 310(b)(1) are met.
Appears in 4 contracts
Samples: Dana Inc, Dana Holding Corp, Dana Inc
Eligibility; Disqualification. This Indenture shall always have a Trustee that who satisfies the requirements of TIA § Section 310(a)(1), (2) and (5) in every respect). The Trustee shall always have a combined capital and surplus of at least $100 million 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, 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 4 contracts
Samples: Indenture (Phi Inc), Indenture (Phi Inc), Indenture (Phi Inc)
Eligibility; Disqualification. This Indenture The Trustee and the Authenticating Agent shall always have a Trustee that satisfies at all times satisfy the requirements of TIA § 310(a)(1310(a), (2) and (5) in every respect. The Trustee shall have a combined capital and surplus of at least $100 million U.S.$50,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA § 310(b); provided, however, that there shall be excluded from the operation of TIA § 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company or the Guarantor are outstanding if the requirements for such exclusion set forth in TIA § 310(b)(1) are met.
Appears in 4 contracts
Samples: Indenture (Pearson PLC), Indenture (Pearson PLC), Indenture (Pearson PLC)
Eligibility; Disqualification. This Indenture shall always have a Trustee that who satisfies the requirements of TIA § 310(a)(1), (2) and (5) in every respect. The Trustee shall have a combined capital and surplus of at least $100 million 100,000,000 as set forth in its the most recent applicable published annual report of condition. The Trustee shall comply with TIA § 310(b); provided, however, that there shall be excluded from the operation of TIA § 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 § 310(b)(1) are met.
Appears in 4 contracts
Samples: Indenture (Wesco International Inc), Indenture (LKQ Corp), Indenture (LKQ Corp)
Eligibility; Disqualification. This Indenture shall always have a Trustee that satisfies the requirements of TIA § Sections 310(a)(1), (2) and (5) in every respect. The Trustee shall have a combined capital and surplus of at least $100 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA § Section 310(b); 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 4 contracts
Samples: Indenture (Trinseo S.A.), Indenture (Trinseo S.A.), Indenture (Styron Canada ULC)
Eligibility; Disqualification. This Indenture shall always have a Trustee that who satisfies the requirements of TIA § 310(a)(1310 (a) (1), (2) and (5) in every respect. The Trustee shall always have a combined capital and surplus of at least $100 million as set forth stated in its most recent published annual report of conditionSection 10.10. The Trustee shall comply with is subject to TIA § 310(b)) regarding the disqualification of a trustee upon acquiring a conflicting interest; provided, however, that there shall be excluded from the operation of TIA § §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 § §310(b)(1) are met.
Appears in 4 contracts
Samples: Indenture (LTX-Credence Corp), Indenture (LTX-Credence Corp), LTX-Credence Corp
Eligibility; Disqualification. This Indenture shall always have a Trustee that who satisfies the requirements of TIA § ss. 310(a)(1), (2) and (5) in every respect. The Trustee shall have a combined capital and surplus of at least $100 million 50,000,000 as set forth in its most recent recent, published annual report of condition. The Trustee shall comply with TIA § ss. 310(b); provided, however, that there shall be excluded from the operation of TIA § ss. 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 § ss. 310(b)(1) are met.
Appears in 4 contracts
Samples: Aircraft Mortgage and Security Agreement (Trans World Airlines Inc /New/), Indenture (Krug International Corp), Aircraft Second Mortgage and Security Agreement (Trans World Airlines Inc /New/)
Eligibility; Disqualification. This Indenture shall always have a Trustee that who satisfies the requirements of TIA § 310(a)(1), (2) and (5) in every respect. The Trustee shall have a combined capital and surplus of at least $100 million 50,000,000 as set forth in its the most recent applicable published annual report of condition. The Trustee shall comply with TIA § 310(b); provided, however, that there shall be excluded from the operation of TIA § 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 § 310(b)(1) are met.
Appears in 3 contracts
Samples: Indenture (Brinks Co), Indenture (James Hardie Industries PLC), Indenture (Brinks Co)
Eligibility; Disqualification. This Indenture shall always have a Trustee that who satisfies the requirements of TIA § 310(a)(1), (2) and (5) in every respect2). The Trustee shall have a combined capital and surplus of at least $100 million 50,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA § 310(b); provided, however, provided that there shall be excluded from the operation of TIA § 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 the requirements for such exclusion set forth in TIA § 310(b)(1) are met. The provisions of TIA § 310 shall apply to the Company, as obligor of the Notes.
Appears in 3 contracts
Samples: Indenture (Vertis Inc), Webcraft LLC, Webcraft LLC
Eligibility; Disqualification. This Indenture shall always have a Trustee that satisfies the requirements of TIA § 310(a)(1), (2) and (5) in every respect. The Trustee shall have a combined capital and surplus of at least $100 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA § 310(b); provided, however, that there shall be excluded from the operation of TIA § 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 § 310(b)(1) are met.
Appears in 3 contracts
Samples: Indenture (Alta Mesa Energy LLC), Indenture (Justice Delaware Holdco Inc.), Indenture (Alta Mesa Holdings, LP)
Eligibility; Disqualification. This Indenture The Trustee shall always have a Trustee that satisfies at all times satisfy the requirements of TIA § 310(a)(1310(a), (2) and (5) in every respect. The Trustee shall have a combined capital and surplus of at least $100 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA § 310(b); provided, however, that there shall be excluded from the operation of TIA § 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 outstanding, if the requirements for such exclusion set forth in TIA § 310(b)(1) are met.
Appears in 3 contracts
Samples: Indenture (Goodrich Petroleum Corp), Supplemental Indenture (Hornbeck Offshore Services Inc /La), Cogent Communications Group Inc
Eligibility; Disqualification. This Indenture shall always have a Trustee that satisfies the requirements of TIA § 310(a)(1), (2) and (5) 310 in every respect. The Trustee shall have a combined capital and surplus of at least $100 50 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA § 310(b); provided, however, that there shall be excluded from the operation of TIA § 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 § 310(b)(1) are met.
Appears in 3 contracts
Samples: Indenture (Eye Care Centers of America Inc), Indenture (Conexant Systems Inc), Deluxe Corp
Eligibility; Disqualification. This Indenture shall always have a Trustee that satisfies the requirements of TIA § 310(a)(1), (2) and (5) in every respectrespect to the extent required. The Trustee shall have a combined capital and surplus of at least $100 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA § 310(b)) to the extent required; provided, however, that there shall be excluded from the operation of TIA § 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 § 310(b)(1) are met.
Appears in 3 contracts
Samples: Interactive (FriendFinder Networks Inc.), Indenture (FriendFinder Networks Inc.), Joinder Agreement (FriendFinder Networks Inc.)
Eligibility; Disqualification. This The Indenture shall always at all times have a Trustee that satisfies the requirements of TIA § 310(a)(1Section 310(a), (2) and (5) in every respect. The Trustee shall have a combined capital and surplus of at least $100 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA § Section 310(b); 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 (H R Window Supply Inc), Atlas Air Inc, Atlas Air Inc
Eligibility; Disqualification. This Indenture shall always have a Trustee that satisfies the requirements of TIA § 310(a)(1), (2) and (5) in every respect. The Trustee shall have a combined capital and surplus of at least $100 100.0 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA § 310(b); provided, however, that there shall be excluded from the operation of TIA § 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 § 310(b)(1) are met.
Appears in 3 contracts
Samples: Indenture (Citadel Broadcasting Corp), Indenture (Cumulus Media Inc), Indenture (Crown Media Holdings Inc)
Eligibility; Disqualification. This Indenture shall always have a Trustee that who satisfies the requirements of TIA § (S) 310(a)(1), (2) and (5) in every respect. The Trustee shall have a combined capital and surplus of at least $100 million 50,000,000 as set forth in its most recent recent, published annual report of condition. The Trustee shall comply with TIA § (S) 310(b); provided, however, that there shall be excluded from the operation of TIA § (S) 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 § (S) 310(b)(1) are met.
Appears in 3 contracts
Samples: License Agreement (Trans World Airlines Inc /New/), License Agreement (Trans World Airlines Inc /New/), Trans World Airlines Inc /New/
Eligibility; Disqualification. This Indenture shall always have a Trustee that who satisfies the requirements requirement of TIA § Sections 310(a)(1), (2) and (5) in every respect310(a)(5). The Trustee shall have a combined capital and surplus of at least $100 million 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 3 contracts
Samples: Tenneco Automotive Inc, Tenneco Automotive Inc, Walbro Corp
Eligibility; Disqualification. This Indenture shall always have a Trustee that satisfies the requirements of TIA § 310(a)(1Section 310(a) (1), (2) and (5) in every respect. The Trustee shall have a combined capital and surplus of at least $100 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA § Section 310(b); 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 (Valley Telephone Co., LLC), Indenture (Valley Telephone Co., LLC)
Eligibility; Disqualification. This Indenture (a) The Trustee shall always have a Trustee that satisfies at all times satisfy the requirements of TIA § 310(a)(1Section 310(a), (2) and (5) in every respect. The Trustee shall have a combined capital and surplus of at least $100 million 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 2 contracts
Samples: Indenture (Crown Castle International Corp), Crown Castle International Corp
Eligibility; Disqualification. This Indenture shall always have a Trustee that who satisfies the requirements of TIA § Section 310(a)(1), (2) and (5) in every respect2). The Trustee shall have a combined capital and surplus of at least $100 million 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, 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 the requirements for such exclusion set forth in TIA § Section 310(b)(1) are met. The provisions of TIA Section 310 shall apply to the Company, as obligor of the Notes.
Appears in 2 contracts
Samples: Indenture (Webcraft LLC), Indenture (USA Direct, LLC)
Eligibility; Disqualification. This Indenture The Trustee shall always have a Trustee that satisfies at all times satisfy the requirements of TIA § 310(a)(1310(a), (2) and (5) in every respect. The Trustee shall have a combined capital and surplus of at least $100 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA § 310(b); provided, howeverhowever , that there shall be excluded from the operation of TIA § 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 § 310(b)(1) are met.
Appears in 2 contracts
Samples: Indenture (Trinity Industries Inc), Trinity Industries Inc
Eligibility; Disqualification. This Indenture shall always have a Trustee that who satisfies the requirements requirement of TIA §§ 310(a)(1), (2310(a)(2) and (5) in every respect310(a)(5). The Trustee shall have a combined capital and surplus of at least $100 50.0 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA § 310(b); provided, however, that there shall be excluded from the operation of TIA § 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 § 310(b)(1) are met. The provisions of TIA § 310 shall apply to the Issuer and any other obligor of the Notes.
Appears in 2 contracts
Samples: Indenture (Bode Concrete LLC), Indenture (Bode Concrete LLC)
Eligibility; Disqualification. This Indenture shall always have a Trustee that who satisfies the requirements of TIA § 310(a)(1), (2) and (52) in every respect. The Trustee shall have a combined capital and surplus of at least $100 million 100,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA § 310(b), including the provision in § 310(b)(1); provided, however, that there shall be excluded from the operation of TIA § 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 § 310(b)(1) are met.
Appears in 2 contracts
Samples: Indenture (Samsonite Corp/Fl), Indenture (Samsonite Corp/Fl)
Eligibility; Disqualification. This Indenture shall always have a Trustee that who satisfies the requirements of TIA § 310(a)(1), (2S)310(a)(1) and (5) in every respect2). The Trustee shall have a combined capital and surplus of at least $100 million 200,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA § 310(b(S)310(b); provided, however, provided that there shall be excluded from the operation of TIA § 310(b)(1(S)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 the requirements for such exclusion set forth in TIA § 310(b)(1(S)310(b)(1) are met. The provisions of TIA (S)310 shall apply to the Company, as obligor of the Securities.
Appears in 2 contracts
Samples: Navistar International Corp /De/New, Navistar Financial Corp
Eligibility; Disqualification. This Indenture shall always have a Trustee that who satisfies the requirements of TIA § ss. 310(a)(1), (2) and (52) in every respect. The Trustee shall have a combined capital and surplus of at least $100 million 100,000,000 as set forth in its the most recent applicable published annual report of condition. The Trustee shall comply with TIA § ss. 310(b); provided, however, that there shall be excluded from the operation of TIA § 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 § ss. 310(b)(1) are met.
Appears in 2 contracts
Samples: Indenture (Crown Holdings Inc), Indenture (Crown Holdings Inc)
Eligibility; Disqualification. This Indenture shall always have a Trustee that satisfies the requirements of TIA § 310(a)(1), (2) and (5) 310 in every respect. The Trustee shall have a combined capital and surplus of at least $100 50.0 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA § 310(b); provided, however, that there shall be excluded from the operation of TIA § 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 § 310(b)(1) are met.
Appears in 2 contracts
Samples: Indenture (Deluxe Corp), Deluxe Corp
Eligibility; Disqualification. This Indenture shall always have a Trustee that satisfies the requirements of TIA § Section 310(a)(1), (2) and (5) in every respect. The Trustee shall have a combined capital and surplus of at least $100 100.0 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 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 (Yum Brands Inc), Non Disturbance Agreement (Yum Brands Inc)
Eligibility; Disqualification. This Indenture shall always have a Trustee that satisfies the requirements of TIA § Section 310(a)(1), (2) and (5) in every respect. The Trustee shall have a combined capital and surplus of at least $100 100.0 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 Issuer are outstanding if the requirements for such exclusion set forth in TIA § Section 310(b)(1) are met.
Appears in 2 contracts
Samples: DPC Products, Inc., Yum Brands Inc
Eligibility; Disqualification. This Indenture shall always have a Trustee that who satisfies the requirements of TIA § 310(a)(1), (2310(a)(l) and (5) in every respect2). The Trustee shall have a combined capital and surplus of at least $100 million 50,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA § 310(b); provided, however, provided that there shall be excluded from the operation of TIA § 310(b)(1310(b)(l) 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 the requirements for such exclusion set forth in TIA § 310(b)(1310(b)(l) are met. The provisions of TIA § 310 shall apply to the Company, as obligor of the Notes.
Appears in 2 contracts
Samples: Indenture (Vertis Inc), Vertis Inc
Eligibility; Disqualification. This Indenture shall always have a Trustee that satisfies the requirements of TIA § Section 310(a)(1), (2) and (5) in every respect. The Trustee shall have a combined capital and surplus of at least $100 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 2 contracts
Samples: Indenture (Portola Packaging, Inc. Mexico, S.A. De C.V.), Indenture (Portola Packaging Inc)
Eligibility; Disqualification. This Indenture (a) The Trustee shall always have a Trustee that satisfies at all times satisfy the requirements of TIA § 310(a)(1), (2Section 310(a) and (5) shall in every respect. The Trustee shall addition have a combined capital and surplus of at least $100 million $ as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA § Section 310(b); 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 2 contracts
Samples: WFS Receivables Corp 4, WFS Receivables Corp 3
Eligibility; Disqualification. This The Indenture shall always at all times have a Trustee that satisfies the requirements of TIA § 310(a)(1ss. 310(a), (2) and (5) in every respect. The Trustee shall have a combined capital and surplus of at least $100 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA § ss. 310(b); provided, however, that there shall be excluded from the operation of TIA § 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 § ss. 310(b)(1) are met.
Appears in 2 contracts
Samples: Indenture (Comforce Corp), Comforce Corp
Eligibility; Disqualification. This Indenture shall always have a Trustee that satisfies the requirements of TIA § 310(a)(1), (2) and (5) in every respect. The Trustee shall have a combined capital and surplus of at least $100 50.0 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA § 310(b); provided, however, that there shall be excluded from the operation of TIA § 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 § 310(b)(1) are met.
Appears in 2 contracts
Samples: Indenture (Northern Tier Energy LLC), Indenture (Northern Tier Energy, Inc.)
Eligibility; Disqualification. This Indenture shall always have a Trustee that who satisfies the requirements requirement of TIA § Sections 310(a)(1), (2) and (5) in every respect310(a)(5). The Trustee shall have a combined capital and surplus of at least $100 million 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 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 2 contracts
Samples: Indenture (Color Spot Nurseries Inc), Dominicks Supermarkets Inc
Eligibility; Disqualification. This Indenture shall always have a Trustee that who satisfies the requirements requirement of TIA § Sections 310(a)(1), (2) and (5) in every respect310(a)(5). The Trustee shall have a combined capital and surplus of at least $100 million 100,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA § ss. 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
Samples: Bay Area Warehouse Stores Inc
Eligibility; Disqualification. This Indenture The Trustee shall always have a Trustee that satisfies at all times satisfy the requirements of TIA § 310(a)(1310(a), (2) and (5) in every respect. The Trustee shall have a combined capital and surplus of at least $100 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA § 310(b); provided, however, that there shall be excluded from the operation of TIA § 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company or any Subsidiary Guarantor are outstanding if the requirements for such exclusion set forth in TIA § 310(b)(1) are met.
Appears in 1 contract
Eligibility; Disqualification. This Indenture shall always have a Trustee that who satisfies the requirements of TIA § 310(a)(1), (2) and (5) in every respect. The Trustee shall have a combined capital and surplus of at least $100 million 100,000,000 as set forth in its the most recent applicable published annual report of condition. The Trustee shall comply with TIA § 310(b); provided, however, that there shall be excluded from the operation of TIA § 310(b)(1) any indenture or indentures under un- der 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 § 310(b)(1) are met. SECTION 7.11.
Appears in 1 contract
Samples: Wesco International Inc
Eligibility; Disqualification. This Indenture shall always have a Trustee that who satisfies the requirements requirement of TIA §§ 310(a)(1), (2310(a)(2) and (5) in every respect310(a)(5). The Trustee shall have a combined capital and surplus of at least $100 million 50,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA § 310(b); provided, however, that there shall be excluded from the operation of TIA § 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 any Co-Issuer are outstanding outstanding, if the requirements for such exclusion set forth in TIA § 310(b)(1) are met. The provisions of TIA § 310 shall apply to the Co-Issuers and any other obligor of the Notes.
Appears in 1 contract
Samples: Universal City Florida Holding Co. I
Eligibility; Disqualification. This Indenture The Trustee shall always have a Trustee that satisfies at all times satisfy the requirements of TIA § Section 310(a)(1), (2) and (5) in every respectSection 310(a)(2). The Trustee shall have a combined capital and surplus of at least $100 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. This Indenture shall always have a Trustee that who satisfies the requirements of TIA § 310(a)(1), (2) and (5) in every respect2). The Trustee shall have a combined capital and surplus of at least $100 million 50,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA § 310(b); provided, however, that there shall be excluded from the operation of TIA § 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 the requirements for such exclusion set forth in TIA § 310(b)(1) are met. The provisions of TIA § 310 shall apply to the Company, as obligor of the Notes.
Appears in 1 contract
Samples: Novink (World Color Press Inc.)
Eligibility; Disqualification. This Indenture shall always have a Trustee that satisfies the requirements of TIA § 310(a)(1), (2) and (5) in every respect. The Trustee shall have a combined capital and surplus of at least $100 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA § 310(b); provided, however, that there shall be excluded from the operation of TIA § 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 § 310(b)(1) are met. Section 7.11. [Intentionally Omitted.]
Appears in 1 contract
Samples: Registration Rights Agreement (Cliffs Natural Resources Inc.)
Eligibility; Disqualification. This Indenture The Trustee shall always have a Trustee that satisfies at all times satisfy the requirements of TIA § 310(a)(1ss. 310(a), (2) and (5) in every respect. The Trustee shall have a combined capital and surplus of at least $100 million 50,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA § TIAss. 310(b), subject to the penultimate paragraph thereof; provided, however, that there shall be excluded from the operation of TIA § 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 § TIAss. 310(b)(1) are met.
Appears in 1 contract
Samples: Choice Hotels International Inc /De
Eligibility; Disqualification. This Indenture shall always have a Trustee that satisfies the requirements of TIA § Section 310(a)(1), (2) and (5) in every respect. The Trustee shall have a combined capital and surplus of at least $100 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 is outstanding if the requirements for such exclusion set forth in TIA § Section 310(b)(1) are met.
Appears in 1 contract
Samples: Indenture (Triangle Petroleum Corp)
Eligibility; Disqualification. This Indenture shall always have a Trustee that who satisfies the requirements of TIA § 310(a)(1), (2) and (52) in every respect. The Trustee shall have a combined capital and surplus of at least $100 million 100,000,000 as set forth in its the most recent applicable published annual report of condition. The Trustee shall comply with TIA § 310(b); provided, however, that there shall be excluded from the operation of TIA § 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 § 310(b)(1) are met.
Appears in 1 contract
Samples: Crown Holdings Inc
Eligibility; Disqualification. This Indenture shall always have a Trustee that who satisfies the requirements requirement of TIA §§ 310(a)(1), (2310(a)(2) and (5) in every respect310(a)(5). The Trustee shall have a combined capital and surplus of at least $100 million 150,000,000 as set forth in its most recent published annual report of condition. In addition, if the Trustee is a corporation included in a bank holding company system, the Trustee, independently of the bank holding company, shall meet the capital requirements of TIA § 310(a)(2). The Trustee shall comply with TIA § 310(b); provided, however, that there shall be excluded from the operation of TIA § 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 § 310(b)(1) are met.other
Appears in 1 contract
Samples: Indenture (PQ Systems INC)
Eligibility; Disqualification. This Indenture shall always have a Trustee that who satisfies the requirements of TIA § Section 310(a)(1), (2) and (5) in every respect. The Trustee shall have a combined capital and surplus of at least $100 million 50,000,000 as set forth in its most recent 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 § 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
Samples: Trans World Airlines Inc /New/
Eligibility; Disqualification. This Indenture The Trustee and the Authenticating Agent shall always have a Trustee that satisfies at all times satisfy the requirements of TIA § 310(a)(1Section 310(a), (2) and (5) in every respect. The Trustee shall have a combined capital and surplus of at least $100 million 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 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. This Indenture | The Trustee and the Authenticating Agent shall always have a Trustee that satisfies at all times satisfy the requirements of TIA § 310(a)(1Section 310(a), (2) and (5) in every respect. The Trustee shall have a combined capital and surplus of at least $100 million 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 or the Guarantor are outstanding if the requirements for such exclusion set forth in TIA § Section 310(b)(1) are met.
Appears in 1 contract
Samples: Indenture (Pearson PLC)
Eligibility; Disqualification. This Indenture The Trustee shall always have a Trustee that satisfies at all times satisfy the requirements of TIA § 310(a)(1Section 310(a), (2) and (5) in every respect. The Trustee or the bank holding company of which the Trustee is a wholly-owned subsidiary shall have a combined capital and surplus of at least $100 million 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 1 contract
Samples: Splitrock Services Inc
Eligibility; Disqualification. This Indenture shall always have a Trustee that satisfies the requirements of TIA § Section 310(a)(1), (2) and (5) in every respect. The Trustee shall have a combined capital and surplus of at least $100 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 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. This Indenture shall always have a Trustee that satisfies the requirements requirement of TIA §§ 310(a)(1), (2310(a)(2) and (5) in every respect310(a)(5). The Trustee shall have a combined capital and surplus of at least $100 million 50,000,000 as set forth in its most recent published annual report of condition. In addition, if the Trustee is a corporation included in a bank holding company system, the Trustee, independently of the bank holding company, shall meet the capital requirements of TIA § 310(a)(2). The Trustee shall comply with TIA § 310(b); provided, however, that there shall be excluded from the operation of TIA § 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 § 310(b)(1) are met.other
Appears in 1 contract
Eligibility; Disqualification. This Indenture shall always have a Trustee that who satisfies the requirements of TIA § Section 310(a)(1), (2) and (5) in every respect2). The Trustee shall have a combined capital and surplus of at least $100 million 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 Issuers are outstanding if the requirements for such exclusion set forth in TIA § 310(b)(1) are met.TIA
Appears in 1 contract
Samples: Covenants (Rti Capital Corp)
Eligibility; Disqualification. This Indenture shall always have a Trustee that who satisfies the requirements of TIA § Section 310(a)(1), (2) and (5) in every respect2). The Trustee shall have a combined capital and surplus of at least $100 million 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, 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 the requirements for such exclusion set forth in TIA § Section 310(b)(1) are met. The provisions of TIA Section 310 shall apply to the Company, as obligor of the Securities.
Appears in 1 contract
Eligibility; Disqualification. This Indenture shall always have a Trustee that who satisfies the requirements requirement of TIA § {{ 310(a)(1), (2) and (5) in every respect310(a)(5). The Trustee shall have a combined capital and surplus of at least $100 million 100,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA § { 310(b); provided, however, that there shall be excluded from the operation of TIA § { 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
Samples: Smiths Food & Drug Centers Inc
Eligibility; Disqualification. This Indenture shall always have a Trustee that who satisfies the requirements requirement of TIA § (S)(S) 310(a)(1), (2) and (5) 310(a)(5). The Trustee and/or its ultimate parent entity shall have a combined capital and surplus of at least $100,000,000 as set forth in every respectits most recent published annual report of condition. The Trustee shall have a combined capital and surplus of at least $100 million 150,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA § (S) 310(b); provided, however, that there -------- ------- shall be excluded from the operation of TIA § (S) 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 § (S) 310(b)(1) are met.
Appears in 1 contract
Samples: Call Points Inc
Eligibility; Disqualification. This Indenture The Trustee shall always have a Trustee that satisfies at all times satisfy the requirements of TIA § 310(a)(1310(a), (2) and (5) in every respect. The Trustee shall have a combined capital and surplus of at least $100 50 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA § 310(b); provided, however, that there shall be excluded from the operation of TIA § 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 § 310(b)(1) are met. This Indenture will always have a Trustee that satisfies the requirements of TIA § 310(a)(1), (2) and (5).
Appears in 1 contract
Samples: Indenture (Star Gas Partners Lp)
Eligibility; Disqualification. This Indenture shall always have a Trustee that with respect to each Series of Securities issued hereunder who satisfies the requirements of TIA § Section 310(a)(1), (2) and (5) in every respect). The Trustee shall always have a combined capital and surplus of at least $100 million 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 outstanding, if the requirements for such exclusion set forth in TIA § Section 310(b)(1) are met.
Appears in 1 contract
Samples: Standex International Corp/De/
Eligibility; Disqualification. This Indenture (a) The Trustee shall always have a Trustee that satisfies at all times satisfy the requirements of TIA § 310(a)(1§310(a), (2) and (5) in every respect. The Trustee shall have a combined capital and surplus of at least $100 million 100,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA § §310(b); provided, however, that there shall be excluded from the operation of TIA § §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 § §310(b)(1) are met.
Appears in 1 contract
Eligibility; Disqualification. This Indenture shall always have a Trustee that who satisfies the requirements of TIA § (S) 310(a)(1), (2) and (5) in every respect2). The Trustee shall have a combined capital and surplus of at least $100 million 50,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA § (S) 310(b); provided, however, provided --------- that there shall be excluded from the operation of TIA § (S) 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 the requirements for such exclusion set forth in TIA § (S) 310(b)(1) are met. The provisions of TIA (S) 310 shall apply to the Company, as obligor of the Securities.
Appears in 1 contract
Eligibility; Disqualification. This Indenture After the occurrence of a TIA Event, the Trustee shall always have a Trustee that satisfies at all times satisfy the requirements of TIA § 310(a)(1310(a), (2) and (5) in every respect. The Trustee shall have a combined capital and surplus of at least $100 million 50,000,000 as set forth in its most recent published annual report of condition. The After the occurrence of a TIA Event, the Trustee shall comply with TIA § 310(b); provided, however, that there shall be excluded from the operation of TIA § 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 § 310(b)(1) are met.
Appears in 1 contract
Samples: Indenture (Univar Inc.)
Eligibility; Disqualification. This Indenture shall always have a Trustee that who satisfies the requirements requirement of TIA §§ 310(a)(1), (2310(a)(2) and (5) in every respect310(a)(5). The Trustee shall have a combined capital and surplus of at least $100 million 50,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA § 310(b); provided, however, that there shall be excluded from the operation of TIA § 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 either Issuer are outstanding outstanding, if the requirements for such exclusion set forth in TIA § 310(b)(1) are met. The provisions of TIA § 310 shall apply to the Issuers and any other obligor of the Notes.
Appears in 1 contract
Samples: Universal City Travel Partners
Eligibility; Disqualification. This Indenture shall always have a Trustee that satisfies the requirements of TIA § 310(a)(1), (2) and (5) in every respect. The Trustee shall have a combined capital and surplus of at least $100 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA § 310(b); provided, however, that there shall be excluded from the operation of TIA § 310(b)(1) any 123 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 § 310(b)(1) are met.
Appears in 1 contract
Samples: Indenture (RDA Holding Co.)
Eligibility; Disqualification. This Indenture shall always have a Trustee that who satisfies the requirements of TIA § Section 310(a)(1), (2) and (5) in every respect. The Trustee shall always have a combined capital and surplus of at least $100 million 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, 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 1 contract
Samples: Indenture (Us Oncology Inc)
Eligibility; Disqualification. This Indenture shall always have a Trustee that satisfies the requirements of TIA § 310(a)(1), (2) and (5) 310 in every respect. The Trustee shall have a combined capital and surplus of at least $100 50 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA § 310(b); provided, however, that there shall be excluded from the operation of TIA § 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 § 310(b)(1) are met.
Appears in 1 contract
Samples: Indenture (Mirant Corp)
Eligibility; Disqualification. This Indenture shall always have a Trustee that who satisfies the requirements of TIA § Section 310(a)(1), (2) and (5) in every respect. The Trustee shall have a combined capital and surplus of at least $100 million 50,000,000 as set forth in its most recent 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
Samples: Trans World Airlines Inc /New/
Eligibility; Disqualification. This Indenture The Trustee shall always have a Trustee that satisfies at all times satisfy the requirements of TIA § 310(a)(1Section 310(a), (2) and (5) in every respect. The Trustee (or, in the case of a subsidiary of a bank holding company, its corporate parent) shall have a combined capital and surplus of at least $100 million 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: Malek Frederic V
Eligibility; Disqualification. This Indenture shall always have a Trustee that who satisfies the requirements of TIA § Section 310(a)(1), (2) and (5) in every respect). The Trustee shall always have a combined capital and surplus of at least $100 million 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 § 310(b)(1Section 310(b)(i) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding outstanding, if the requirements for such exclusion set forth in TIA § 310(b)(1Section 310(b)(i) are met. The provisions of TIA Section 310 shall apply to the Company and any other issuer of the Securities.
Appears in 1 contract
Samples: Indenture (Rc2 Corp)
Eligibility; Disqualification. This Indenture shall always have a Trustee that who satisfies the requirements requirement of TIA §§ 310(a)(1), (2310(a)(2) and (5) in every respect310(a)(5). The Trustee shall have a combined capital and surplus of at least $100 million 50,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA § 310(b); provided, however, that there shall be excluded from the operation of TIA § 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 § 310(b)(1) are met. The provisions of TIA § 310 shall apply to the Issuer and any other obligor of the Notes.
Appears in 1 contract
Eligibility; Disqualification. This Indenture shall always have a Trustee that who satisfies the requirements of TIA § Section 310(a)(1), (2) and (5) in every respect. The Trustee shall have a combined capital and surplus of at least $100 million 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: Indenture (MMH Holdings Inc)
Eligibility; Disqualification. This Indenture (a) The Trustee shall always have a Trustee that satisfies at all times satisfy the requirements of TIA § 310(a)(1§310(a), (2) and (5) in every respect. The Trustee shall have a combined capital and surplus of at least $100 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA § §310(b); provided, however, that there shall be excluded from the operation of TIA § §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 § §310(b)(1) are met.
Appears in 1 contract
Eligibility; Disqualification. This Indenture The Trustee shall always have a Trustee that satisfies at all times satisfy the requirements of TIA § 310(a)(1310(a), (2) and (5) in every respect. The Trustee shall have a combined capital and surplus of at least $100 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA § 310(b); provided, however, that there shall be excluded from the operation of TIA § 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 outstanding, including the indenture governing the Company’s 67/8% Senior Notes due 2014, if the requirements for such exclusion set forth in TIA § 310(b)(1) are met.
Appears in 1 contract
Samples: Supplemental Indenture (Superior Energy Services Inc)
Eligibility; Disqualification. This Indenture The Trustee shall always have a Trustee that satisfies at all times satisfy the requirements of TIA § 310(a)(1310(a), (2) and (5) in every respect. The Trustee shall have a combined capital and surplus of at least $100 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA § 310(b); provided, however, that there shall be excluded from the operation of TIA § 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 outstanding, including the indenture governing the Company’s 6.125% Senior Notes due 2014, if the requirements for such exclusion set forth in TIA § 310(b)(1) are met.
Appears in 1 contract
Samples: Supplemental Indenture (Hornbeck Offshore Services Inc /La)
Eligibility; Disqualification. This Indenture shall always have a Trustee that who satisfies the requirements of TIA § Sections 310(a)(1), (2) and (5) in every respect). The Trustee shall have a combined capital and surplus of at least $100 million as set forth in its most recent published annual report of condition. The Trustee shall comply with 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 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 (Realogy Corp)
Eligibility; Disqualification. This Indenture shall always have a Trustee that who satisfies the requirements of TIA § 310(a)(1), Section 310 (2a)(1) and (5) in every respect). The Trustee shall always have a combined capital and surplus of at least $100 million as set forth stated in its most recent published annual report of conditionSection 10.10. The Trustee shall comply with is subject to TIA § Section 310(b)) regarding the disqualification of a trustee upon acquiring a conflicting interest; provided, however, that there shall be excluded from the operation of TIA § 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 § 310(b)(1) are met.
Appears in 1 contract
Samples: Indenture (Amkor Technology Inc)
Eligibility; Disqualification. This Indenture shall always have a Trustee that satisfies the requirements of TIA § 310(a)(1), (2) and (5) in every respect. The Trustee shall have a combined capital and surplus of at least $100 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA § 310(b); provided, however, that there shall be excluded from the operation of TIA § 310(b)(1) any 109 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 § 310(b)(1) are met.
Appears in 1 contract
Samples: Pledge and Security Agreement (Easton-Bell Sports, Inc.)
Eligibility; Disqualification. This Indenture shall always have a Trustee that satisfies the requirements of TIA § Sections 310(a)(1), (2) and (5) in every respect. The Trustee shall have a combined capital and surplus of at least $100 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA § Section 310(b); 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: American Capital, LTD
Eligibility; Disqualification. This Indenture shall always have a Trustee that who satisfies the requirements of TIA § Section 310(a)(1), ) and (2) and (5) in every respect. The Trustee shall have a combined capital and surplus of at least $100 million 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: Morris Material Handling Inc
Eligibility; Disqualification. This Indenture shall always have a Trustee that who satisfies the requirements requirement of TIA § Sections 310(a)(1), (2310(a)(2) and (5) in every respect310(a)(5). The Trustee shall have a combined capital and surplus of at least $100 million 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 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
Samples: Unifrax Investment Corp
Eligibility; Disqualification. This Indenture (a) The Trustee shall always have a Trustee that satisfies at all times satisfy the requirements of TIA § 310(a)(1), (2Section 310(a) and (5) shall in every respect. The Trustee shall addition have a combined capital and surplus of at least $100 million __________________ as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA § Section 310(b); 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: WFS Receivables Corp 3
Eligibility; Disqualification. This Indenture shall always have a Trustee that who satisfies the requirements requirement of TIA § {{ 310(a)(1), (2) and (5) in every respect310(a)(5). The Trustee shall have a combined capital and surplus of at least $100 million 50,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA § { 310(b); provided, however, that there shall be excluded from the operation of TIA § { 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 § { 310(b)(1) are met.
Appears in 1 contract
Eligibility; Disqualification. This Indenture shall always have a Trustee that who satisfies the requirements of TIA § S 310(a)(1), (2) and (5) in every respect). The Trustee shall always have a combined capital and surplus of at least $100 million as set forth stated in its most recent published annual report of conditionSection 12.10 hereof. The Trustee shall comply with is subject to TIA § S 310(b); provided, however, that there shall be excluded from the operation of TIA § S 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 § S 310(b)(1) are met.
Appears in 1 contract
Samples: Doubleclick Inc
Eligibility; Disqualification. This Indenture The Trustee shall always have a Trustee that satisfies at all times satisfy the requirements of TIA § 310(a)(1Section 310(a), (2) and (5) in every respect. The Trustee or the bank holding company of which the Trustee is a wholly-owned subsidiary shall have a combined capital and surplus of at least $100 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA § Section 310(b); 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: Joint Operating Agreement (Rutherford-Moran Oil Corp)
Eligibility; Disqualification. This Indenture shall always have a Trustee that who satisfies the requirements of TIA § Section 310(a)(1), (2) and (52) in every respect. The Trustee shall have a combined capital and surplus of at least $100 million 100,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA § Section 310(b), including the provision in Section 310(b)(1); 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 conflicts of interest or participation in other securities securities, of the Company or the Guarantors are outstanding if the requirements for such exclusion set forth in TIA § Section 310(b)(1) are met.
Appears in 1 contract
Samples: Indenture (Glasstech Inc)