Common use of Eligibility; Disqualification Clause in Contracts

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)

AutoNDA by SimpleDocs

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

Samples: Indenture (General Maritime Corp / MI)

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

Samples: Indenture (Phillips Van Heusen Corp /De/)

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

AutoNDA by SimpleDocs

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

Samples: Second Agreement (H. J. Heinz Corp II)

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

Samples: Indenture (Advanced Disposal Services, 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 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

Samples: Indenture (Big Flower Press Holdings Inc)

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

Samples: Indenture (Crown Castle International Corp)

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

Samples: Indenture (Uih Australia Pacific Inc)

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

Samples: Interline (Interline Brands, Inc./De)

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

Samples: Indenture (Crown Castle International Corp)

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

Samples: Indenture (Spanish Broadcasting System 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 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)

Time is Money Join Law Insider Premium to draft better contracts faster.