Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of Section 310(a) of the TIA. 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 Section 310(b) of the TIA, subject to its right to apply for a stay of its duty to resign under the penultimate paragraph of Section 310(b) of the TIA; provided, however, that there shall be excluded from the operation of Section 310(b)(1) of the TIA any series of securities issued under this Indenture and any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Issuers are outstanding if the requirements for such exclusion set forth in Section 310(b)(1) of the TIA are met.
Appears in 36 contracts
Samples: Supplemental Indenture (EP Energy Corp), Indenture (Stars Group Inc.), Supplemental Indenture (MBOW Four Star, L.L.C.)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of Section 310(a) of the TIA. 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 Section 310(b) of the TIA, subject to its right to apply for a stay of its duty to resign under the penultimate paragraph of Section 310(b) of the TIA; provided, however, that there shall be excluded from the operation of Section 310(b)(1) of the TIA any series of securities issued under this Indenture and any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Issuers Issuer are outstanding if the requirements for such exclusion set forth in Section 310(b)(1) of the TIA are met.
Appears in 33 contracts
Samples: Indenture (Berry Plastics Corp), Supplemental Indenture (SeaWorld Entertainment, Inc.), Indenture (Harrahs Entertainment Inc)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of Section 310(a) of the TIA. 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 Section 310(b) of the TIA, subject to its right to apply for a stay of its duty to resign under the penultimate paragraph of Section 310(b) of the TIA; provided, however, that there shall be excluded from the operation of Section 310(b)(1) of the TIA any series of securities issued under this Indenture and any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Issuers are outstanding if the requirements for such exclusion set forth in Section 310(b)(1) of the TIA are met.
Appears in 23 contracts
Samples: Supplemental Indenture (Rural Metro Corp /De/), Indenture (Safeway Stores 42, Inc.), Graham Packaging (Graham Packaging Holdings Co)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of Section 310(a) of the TIA. 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 Section 310(b) of the TIA, subject to its right to apply for a stay of its duty to resign under the penultimate paragraph of Section 310(b) of the TIA; provided, however, that there shall be excluded from the operation of Section 310(b)(1) of the TIA any series of securities issued under this Indenture and any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Issuers Issuer are outstanding if the requirements for such exclusion set forth in Section 310(b)(1) of the TIA are met.
Appears in 20 contracts
Samples: Supplemental Indenture (Intelsat S.A.), Indenture (Hexion Inc.), Intelsat (Intelsat S.A.)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of Section 310(a) of the TIA. 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 Section 310(b) of the TIA, subject to its right to apply for a stay of its duty to resign under the penultimate paragraph of Section 310(b) of the TIA; provided, however, that there shall be excluded from the operation of Section 310(b)(1) of the TIA any series of securities issued under this Indenture and any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Issuers are Issuer is outstanding if the requirements for such exclusion set forth in Section 310(b)(1) of the TIA are met.
Appears in 16 contracts
Samples: Indenture (Egalet Corp), Indenture (Watchguard Registration Services, Inc.), Purchase Agreement (Vivus Inc)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of Section 310(a) of the TIA. 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 Section 310(b) of the TIA, subject to its right to apply for a stay of its duty to resign under the penultimate paragraph of Section 310(b) of the TIA; provided, however, that there shall be excluded from the operation of Section 310(b)(1) of the TIA any series of securities issued under this Indenture and any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Issuers Company are outstanding if the requirements for such exclusion set forth in Section 310(b)(1) of the TIA are met.
Appears in 16 contracts
Samples: Indenture (XPO, Inc.), Supplemental Indenture (XPO Logistics, Inc.), Supplemental Indenture (XPO Logistics, Inc.)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of Section 310(a) of the TIA. 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 Section 310(b) of the TIA, subject to its right to apply for a stay of its duty to resign under the penultimate paragraph of Section 310(b) of the TIA; provided, however, that there shall be excluded from the operation of Section 310(b)(1) of the TIA any series of securities issued under this Indenture and any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Issuers Company are outstanding if the requirements for such exclusion set forth in Section 310(b)(1) of the TIA are met.
Appears in 14 contracts
Samples: Indenture (Momentive Performance Materials Inc.), Indenture (Momentive Performance Materials Inc.), Indenture (MPM Silicones, LLC)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of Section 310(a) of the TIA. 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 Section 310(b) of the TIA, subject to its right to apply for a stay of its duty to resign under the penultimate paragraph of Section 310(b) of the TIA; provided, however, that there shall be excluded from the operation of Section 310(b)(1) of the TIA any series of securities issued under this Indenture and any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Issuers Company are outstanding if the requirements for such exclusion set forth in Section 310(b)(1) of the TIA are met.
Appears in 11 contracts
Samples: Indenture (Nalco Holding CO), Indenture (TPC Group Inc.), Indenture (Worldwide Recruiting & Staffing Services LLC)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section 310(a) of the TIA). The Trustee shall have (or, in the case of a corporation included in a bank holding company system, the related bank holding company shall have) a combined capital and surplus of at least $100 million 50,000,000 as set forth in its (or its related bank holding company’s) most recent published annual report of condition. The Trustee shall comply with TIA Section 310(b) of the TIA), subject to its right to apply for a stay of its duty to resign under the penultimate paragraph of Section 310(b) of the TIAthereof; provided, however, that there shall be excluded from the operation of TIA Section 310(b)(1) of the TIA any series of securities issued under this Indenture and any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Issuers Company are outstanding if the requirements for such exclusion set forth in TIA Section 310(b)(1) of the TIA are met.
Appears in 10 contracts
Samples: Indenture (CapLease, Inc.), Indenture (Saks Inc), Indenture (National CineMedia, Inc.)
Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of Section TIA § 310(a) of the TIA). The Indenture 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, and the time deposits of the Indenture Trustee shall be rated at least A-1 by Standard & Poor’s and P-1 by Xxxxx’x. The Indenture Trustee shall comply with Section TIA § 310(b) of the TIA, subject to its right to apply for a stay of its duty to resign under the penultimate paragraph of Section 310(b) of the TIA); provided, however, that there shall be excluded from the operation of Section TIA § 310(b)(1) of the TIA any series of securities issued under this Indenture and any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Issuers Issuer are outstanding if the requirements for such exclusion set forth in Section TIA § 310(b)(1) of the TIA are met.
Appears in 9 contracts
Samples: Indenture (Honda Auto Receivables 2009-1 Owner Trust), Indenture (Honda Auto Receivables 2008-2 Owner Trust), Administration Agreement (Honda Auto Receivables 2004-3 Owner Trust)
Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of Section TIA § 310(a) of the TIA). The Indenture 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, and the time deposits of the Indenture Trustee shall be rated at least Baa3 by Xxxxx’x and BBB- by Fitch. The Indenture Trustee shall comply with Section TIA § 310(b) of the TIA, subject to its right to apply for a stay of its duty to resign under the penultimate paragraph of Section 310(b) of the TIA); provided, however, that there shall be excluded from the operation of Section TIA § 310(b)(1) of the TIA any series of securities issued under this Indenture and any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Issuers Issuer are outstanding if the requirements for such exclusion set forth in Section TIA § 310(b)(1) of the TIA are met.
Appears in 7 contracts
Samples: Honda (Honda Auto Receivables 2010-2 Owner Trust), Indenture (Honda Auto Receivables 2010-3 Owner Trust), Honda Auto Receivables 2011-2 Owner Trust
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of Section 310(a) of the TIA. 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 Section 310(b) of the TIA, subject to its right to apply for a stay of its duty to resign under the penultimate paragraph of Section 310(b) of the TIA; provided, however, that there shall be excluded from the operation of Section 310(b)(1) of the TIA any series of securities issued under this Indenture and any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Issuers Issuer are outstanding if the requirements for such exclusion set forth in Section 310(b)(1) of the TIA are met.
Appears in 7 contracts
Samples: Supplemental Indenture (TopBuild Corp), Supplemental Indenture (Trimas Corp), Supplemental Indenture (Installed Building Products, Inc.)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of Section 310(a) of the TIA. 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 Section 310(b) of the TIA, subject to its right to apply for a stay of its duty to resign under the penultimate paragraph of Section 310(b) of the TIA; provided, however, that there shall be excluded from the operation of Section 310(b)(1) of the TIA any series of securities issued under this Indenture and any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Issuers Company are outstanding if the requirements for such exclusion set forth in Section 310(b)(1) of the TIA are met. This Indenture shall always have a Trustee who satisfies the requirements of Sections 310(a)(1), (2) and (5) of the TIA. The Trustee shall comply with Section 310(b) of the TIA.
Appears in 7 contracts
Samples: Indenture (Denbury Resources Inc), Intercreditor Agreement (Denbury Resources Inc), Intercreditor Agreement (Denbury Resources Inc)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of Section 310(a) of the TIA. 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 Section 310(b) of the TIA, subject to its right to apply for a stay of its duty to resign under the penultimate paragraph of Section 310(b) of the TIA; provided, however, that there shall be excluded from the operation of Section 310(b)(1) of the TIA any series of securities issued under this Indenture and any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Issuers are outstanding if the requirements for such exclusion set forth in Section 310(b)(1) of the TIA are met.
Appears in 6 contracts
Samples: Supplemental Indenture (Mallinckrodt PLC), Supplemental Indenture (EP Energy Corp), Supplemental Indenture (Mallinckrodt PLC)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of Section 310(a) of the TIA. 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 Section 310(b) of the TIA, subject to its right to apply for a stay of its duty to resign under the penultimate paragraph of Section 310(b) of the TIA; provided, however, that there shall be excluded from the operation of Section 310(b)(1) of the TIA any series of securities issued under this Indenture and any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Issuers Issuer are outstanding if the requirements for such exclusion set forth in Section 310(b)(1) of the TIA are met.
Appears in 6 contracts
Samples: Supplemental Indenture (DS Services of America, Inc.), Indenture (Chart Industries Inc), Junior Intercreditor Agreement (Chart Industries Inc)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of Section 310(a) of the TIA. 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 Section 310(b) of the TIA, subject to its right to apply for a stay of its duty to resign under the penultimate paragraph of Section 310(b) of the TIA; provided, however, that there shall be excluded from the operation of Section 310(b)(1) of the TIA any series of securities Notes issued under this Indenture and any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Issuers are Issuer is outstanding if the requirements for such exclusion set forth in Section 310(b)(1) of the TIA are met.
Appears in 4 contracts
Samples: Indenture (Affinion Group, Inc.), Indenture (Affinion Group, Inc.), Indenture (Affinion Group, Inc.)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of Section 310(a) of the TIA. 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 Section 310(b) of the TIA, subject to its right to apply for a stay of its duty to resign under the penultimate paragraph of Section 310(b) of the TIA; providedPROVIDED, howeverHOWEVER, that there shall be excluded from the operation of Section 310(b)(1) of the TIA any series of securities issued under this Indenture and any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Issuers Issuer are outstanding if the requirements for such exclusion set forth in Section 310(b)(1) of the TIA are met.
Appears in 4 contracts
Samples: Covenants (Intelsat LTD), Covenants (PanAmSat Holding CORP), Supplemental Indenture (Intelsat LTD)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of Section 310(a) of the TIA. 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 Section 310(b) of the TIA, subject to its right to apply for a stay of its duty to resign under the penultimate paragraph of Section 310(b) of the TIA; provided, however, that there shall be excluded from the operation of Section 310(b)(1) of the TIA any series of securities issued under this Indenture and any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Issuers Issuer are outstanding if the requirements for such exclusion set forth in Section 310(b)(1) of the TIA are met.
Appears in 4 contracts
Samples: Indenture (Aeroways, LLC), Indenture (Noranda Aluminum Holding CORP), Indenture (Cke Restaurants Inc)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of Section 310(a) of the TIA. 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 Section 310(b) of the TIA, subject to its right to apply for a stay of its duty to resign under the penultimate paragraph of Section 310(b) of the TIA; provided, however, that there shall be excluded from the operation of Section 310(b)(1) of the TIA any series of securities issued under this Indenture and any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Issuers are outstanding if the requirements for such exclusion set forth in Section 310(b)(1) of the TIA are met.
Appears in 4 contracts
Samples: Supplemental Indenture (ADT Inc.), Indenture (Rexnord Corp), Supplemental Indenture (ADT, Inc.)
Eligibility; Disqualification. (a) The Trustee shall at all times satisfy the requirements of Section 310(a) of the TIA. 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 Section 310(b) of the TIA, subject to its right to apply for a stay of its duty to resign under the penultimate paragraph of Section 310(b) of the TIA; provided, however, that there shall be excluded from the operation of Section 310(b)(1) of the TIA any series of securities issued under this Indenture and any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Issuers are Issuer is outstanding if the requirements for such exclusion set forth in Section 310(b)(1) of the TIA are met.
Appears in 3 contracts
Samples: Indenture (Capmark Financial Group Inc.), Supplemental Indenture (Capmark Affordable Properties LLC), www.bluestem.com
Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA Section 310(a) of the TIA). The Indenture Trustee shall [be acceptable to the Securities Insurer and 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 Indenture Trustee shall comply with TIA Section 310(b) ), including the optional provision permitted by the second sentence of the TIA, subject to its right to apply for a stay of its duty to resign under the penultimate paragraph of TIA Section 310(b) of the TIA310(b)(9); provided, however, that there shall be excluded from the operation of TIA Section 310(b)(1) of the TIA any series of securities issued under this Indenture and any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Issuers Issuer are outstanding if the requirements for such exclusion set forth in TIA Section 310(b)(1) of the TIA are met.
Appears in 3 contracts
Samples: Hsi Asset Securitization Corp, Indenture (Painewebber Mortgage Acceptance Corporation Iv), Bcap LLC
Eligibility; Disqualification. The There shall at all times be a Trustee hereunder and the Trustee shall at all times satisfy the requirements of Section 310(a) of the TIA. 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 Section 310(b) of the TIA, subject to its right to apply for a stay of its duty to resign under the penultimate paragraph of Section 310(b) of the TIA; provided, however, that there shall be excluded from the operation of Section 310(b)(1) of the TIA any series of securities issued under this Indenture and any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Issuers Issuer are outstanding if the requirements for such exclusion set forth in Section 310(b)(1) of the TIA are met.
Appears in 2 contracts
Samples: Indenture (Delhaize Group), Indenture (Shop 'N Save-Mass, Inc.)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of Section 310(a) of the TIA. 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 Section 310(b) of the TIA, subject to its right to apply for a stay of its duty to resign under the penultimate paragraph of Section 310(b) of the TIA; provided, however, that there shall be excluded from the operation of Section 310(b)(1) of the TIA any series of securities issued under this Indenture and any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Issuers Company are outstanding if the requirements for such exclusion set forth in Section 310(b)(1) of the TIA are met.
Appears in 2 contracts
Samples: Supplemental Indenture (WABASH NATIONAL Corp), Supplemental Indenture (Wabash National Corp /De)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of Section 310(a) of the TIA. 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 Section 310(b) of the TIA, subject to its right to apply for a stay of its duty to resign under the penultimate paragraph of Section 310(b) of the TIA; provided, however, that there shall be excluded from the operation of Section 310(b)(1) of the TIA any series of securities issued under this Indenture and any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Issuers Issuer are outstanding if the requirements for such exclusion set forth in Section 310(b)(1) of the TIA are met.
Appears in 2 contracts
Samples: Indenture (Orbimage Inc), Supplemental Indenture (ResCare Finance, Inc.)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of Section 310(a) of the TIA. 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 Section 310(b) of the TIA, subject to its right to apply for a stay of its duty to resign under the penultimate paragraph of Section 310(b) of the TIA; provided, however, that there shall be excluded from the operation of Section 310(b)(1) of the TIA any series of securities issued under this Indenture and any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Issuers either Issuer are outstanding if the requirements for such exclusion set forth in Section 310(b)(1) of the TIA are met.
Appears in 2 contracts
Samples: Supplemental Indenture (Nalco Energy Services Equatorial Guinea LLC), Supplemental Indenture (Nalco Finance Holdings Inc.)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of Section 310(a) of the TIA. 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 Section 310(b) of the TIA, subject to its right to apply for a stay of its duty to resign under the penultimate paragraph of Section 310(b) of the TIA; provided, however, that there shall be excluded from the operation of Section 310(b)(1) of the TIA any series of securities issued under this Indenture and any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Issuers are outstanding if the requirements for such exclusion set forth in Section 310(b)(1) of the TIA are met.
Appears in 2 contracts
Samples: Supplemental Indenture (Muzak Capital, LLC), Supplemental Indenture (Muzak Capital, LLC)
Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA Section 310(a) of the TIA). The Indenture Trustee shall be acceptable to the Securities Insurer and 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 Indenture Trustee shall comply with TIA Section 310(b) ), including the optional provision permitted by the second sentence of the TIA, subject to its right to apply for a stay of its duty to resign under the penultimate paragraph of TIA Section 310(b) of the TIA310(b)(9); provided, however, that there shall be excluded from the operation of TIA Section 310(b)(1) of the TIA any series of securities issued under this Indenture and any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Issuers Issuer are outstanding if the requirements for such exclusion set forth in TIA Section 310(b)(1) of the TIA are met.
Appears in 2 contracts
Samples: Indenture (Painewebber Mort Acce Corp Iv Fremont Home Ln Own Tr 1999-1), Empire Funding Home Loan Owner Trust 1998 3
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of Section 310(a) of the Trust Indenture Act of 1939, as amended (the “TIA”). 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 Section 310(b) of the TIA, subject to its right to apply for a stay of its duty to resign under the penultimate paragraph of Section 310(b) of the TIA; provided, however, that there shall be excluded from the operation of Section 310(b)(1) of the TIA any series of securities issued under this Indenture and any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Issuers are outstanding if the requirements for such exclusion set forth in Section 310(b)(1) of the TIA are met.
Appears in 1 contract
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of Section 310(a) of the TIA. 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 Section 310(b) of the TIA, subject to its right to apply for a stay of its duty to resign under the penultimate paragraph of Section 310(b) of the TIA; provided, however, that there shall be excluded ex-cluded from the operation of Section 310(b)(1) of the TIA any series of securities issued under this Indenture Inden-ture and any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Issuers are outstanding if the requirements for such exclusion set forth in Section Sec-tion 310(b)(1) of the TIA are met.
Appears in 1 contract
Samples: Supplemental Indenture (Albertsons Companies, Inc.)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of Section 310(a) of the TIA. 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 Section 310(b) of the TIA, subject to its right to apply for a stay of its duty to resign under the penultimate paragraph of Section 310(b) of the TIA; provided, however, that there shall be excluded from the operation of Section 310(b)(1) of the TIA any series of securities issued under this Indenture and any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Issuers Issuer are outstanding if the requirements for such exclusion set forth in Section 310(b)(1) of the TIA are met.
Appears in 1 contract
Samples: Indenture (New Holding, Inc.)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of Section 310(a) of the TIA. 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 Section 310(b) of the TIA, subject to its right to apply for a stay of its duty to resign under the penultimate paragraph of Section 310(b) of the TIA; provided, however, that there shall be excluded from the operation of Section 310(b)(1) of the TIA any series of securities issued under this Indenture and any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Issuers Company are outstanding if the requirements for such exclusion set forth in Section 310(b)(1310(b)(l) of the TIA are met.
Appears in 1 contract
Eligibility; Disqualification. (a) The Indenture Trustee shall at all times satisfy the requirements of TIA Section 310(a) of the TIA). The Indenture Trustee shall have a combined capital and surplus of at least $100 million 50,000,000 as set forth in its most recent published annual report of conditioncondition and (unless waived by Xxxxx'x) it shall have a long term unsecured debt rating of Baa3 or better by Xxxxx'x. The Indenture Trustee shall comply with TIA Section 310(b) of the TIA, subject to its right to apply for a stay of its duty to resign under the penultimate paragraph of Section 310(b) of the TIA); provided, however, that there shall be excluded from the operation of TIA Section 310(b)(1) of the TIA any series of securities issued under this Indenture and any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Issuers Issuer are outstanding if the requirements for such exclusion set forth in TIA Section 310(b)(1) of the TIA are met.
Appears in 1 contract
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of Section 310(a) of the TIA. 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 Section 310(b) of the TIA, subject to its right to apply for a stay of its duty to resign under the penultimate paragraph of Section 310(b) of the TIA; provided, however, that there shall be excluded from the operation of Section 310(b)(1) of the TIA any series Series of securities issued under this Indenture and any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Issuers Issuer are outstanding if the requirements for such exclusion set forth in Section 310(b)(1) of the TIA are met.
Appears in 1 contract
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of Section 310(a) of the TIA. 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 Section 310(b) of the TIA, subject to its right to apply for a stay of its duty to resign under the penultimate paragraph of Section 310(b) of the TIA; provided, however, that there shall be excluded from the operation of Section 310(b)(1) of the TIA any series of securities issued under this Indenture and any indenture or indentures under 115 which other securities or certificates of interest or participation in other securities of the Issuers Issuer are outstanding if the requirements for such exclusion set forth in Section 310(b)(1) of the TIA are met.
Appears in 1 contract
Samples: Supplemental Indenture (SeaWorld Entertainment, Inc.)
Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of Section TIA § 310(a) of the TIA). The Indenture 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, and the time deposits of the Indenture Trustee shall be rated at least A-1 by Standard & Poor’s and F1 by Fitch. The Indenture Trustee shall comply with Section TIA § 310(b) of the TIA, subject to its right to apply for a stay of its duty to resign under the penultimate paragraph of Section 310(b) of the TIA); provided, however, that there shall be excluded from the operation of Section TIA § 310(b)(1) of the TIA any series of securities issued under this Indenture and any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Issuers Issuer are outstanding if the requirements for such exclusion set forth in Section TIA § 310(b)(1) of the TIA are met.
Appears in 1 contract
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of Section 310(a) of the TIA. 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 Section 310(b) of the TIA, subject to its right to apply for a stay of its duty to resign under the penultimate paragraph of Section 310(b) of the TIA; provided, however, that there shall be excluded from the operation of Section 310(b)(1) of the TIA any series of securities issued under this Indenture and any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Issuers are Issuer is outstanding if the requirements for such exclusion set forth in Section 310(b)(1) of the TIA are met.
Appears in 1 contract
Samples: Supplemental Indenture (Pernix Therapeutics Holdings, Inc.)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of Section 310(a) of the TIA. 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 Section 310(b) of the TIA, subject to its right to apply for a stay of its duty to resign under the penultimate paragraph of Section 310(b) of the TIA; provided, however, that there shall be excluded from the operation of Section 310(b)(1) of the TIA any series of securities issued under this Indenture and any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Issuers Company are outstanding if the requirements for such exclusion set forth in Section 310(b)(1) of the TIA are met.
Appears in 1 contract
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of Section 310(a) of the TIA. 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 Section 310(b) of the TIA, subject to its right to apply for a stay of its duty to resign under the penultimate paragraph of Section 310(b) of the TIA; provided, however, that there shall be excluded from the operation of Section 310(b)(1) of the TIA any series of securities issued under this Indenture and any indenture or indentures under which other securities or certificates ce CG&R DRAFT: 4/21/08 2:36 PM #907342 v26 (RM2X26_.DOC) tificates of interest or participation in other securities of the Issuers Issuer are outstanding if the requirements for such exclusion set forth in Section 310(b)(1) of the TIA are met.
Appears in 1 contract
Samples: Indenture (Kerr Group Inc)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of Section 310(a) of the Trust Indenture Act of 1939, as amended (the “TIA”). 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 Section 310(b) of the TIA, subject to its right to apply for a stay of its duty to resign under the penultimate paragraph of Section 310(b) of the TIA; provided, however, that there shall be excluded from the operation of Section 310(b)(1) of the TIA any series of securities issued under this Indenture and any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Issuers Issuer are outstanding if the requirements for such exclusion set forth in Section 310(b)(1) of the TIA are met.
Appears in 1 contract