Common use of Eligibility; Disqualification Clause in Contracts

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA ss. 310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition, and the time deposits of the Indenture Trustee shall be rated at least A-1 by Standard & Poor's and P-1 by Moody's. The Indenture Trustee shall comply with TIA ss. 310(b), including the optional provision permitted by the second sentence of TIA ss. 310(b)(9); provided, however, that there shall be excluded from the operation of TIA ss. 310(b)(1) any indenture or indentures under which other securities of the Issuer are outstanding if the requirements for such exclusion set forth in TIA ss. 310(b)(1) are met.

Appears in 21 contracts

Samples: Indenture (Premier Auto Trust 1998 4), Indenture (Daimlerchrysler Auto Trust 2001 B), Indenture (Premier Auto Trust 1999-2)

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Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA ss. 310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition, condition and the time deposits it or its parent shall have a long-term debt rating of the Indenture Trustee shall be rated at least A-1 Baa3 or better by Standard & PoorMoody's and P-1 BBB or better by MoodyStandaxx & Xxor's. The Indenture Trustee shall comply with TIA ss. 310(b), including the optional provision permitted by the second sentence of TIA ss. 310(b)(9); providedPROVIDED, howeverHOWEVER, that there shall be excluded from the operation of TIA ss. 310(b)(1) any indenture or indentures under which other securities of the Issuer are outstanding if the requirements for such exclusion set forth in TIA ss. 310(b)(1) are met.

Appears in 15 contracts

Samples: Indenture (Collateralized Asset-Backed Bonds Series 2002-3), Indenture (Impac CMB Trust Series 2002-8), Indenture (Imh Assets Corp Collateralized Asset Backed Bonds Ser 2004 3)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA ss. § 310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition, and the time deposits of the Indenture Trustee shall be rated at least A-1 by Standard & Poor's ’s and P-1 (if rated by Moody'sFitch) F-1 by Fitch. The Indenture Trustee shall comply with TIA ss. § 310(b), including the optional provision permitted by the second sentence of TIA ss. § 310(b)(9); provided, however, that there shall be excluded from the operation of TIA ss. § 310(b)(1) any indenture or indentures under which other securities of the Issuer Issuing Entity are outstanding if the requirements for such exclusion set forth in TIA ss. § 310(b)(1) are met.

Appears in 14 contracts

Samples: Indenture (World Omni Auto Receivables Trust 2014-A), Indenture (World Omni Auto Receivables LLC), Indenture (World Omni Auto Receivables Trust 2016-A)

Eligibility; Disqualification. (a) The Indenture Trustee shall at all times satisfy the requirements of TIA ss. 310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition, and the time deposits of the Indenture Trustee shall be rated at least A-1 "A-1" by Standard & Poor's and P-1 "P-1" by Moody's. The Indenture Trustee shall comply with TIA ss. 310(b), including the optional provision permitted by the second sentence of TIA ss. 310(b)(9); provided, however, that there shall be excluded from the operation of TIA ss. 310(b)(1) any indenture or indentures under which other securities of the Issuer are outstanding if the requirements for such exclusion set forth in TIA ss. 310(b)(1) are met.

Appears in 10 contracts

Samples: Indenture (Daimlerchrysler Auto Trust 2004-B), Purchase and Servicing Agreement (Morgan Stanley Auto Loan Trust 2004-Hb1), Indenture (Daimlerchrysler Auto Trust 2004-C)

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

Appears in 8 contracts

Samples: J P Morgan Acceptance Corp I, Indenture (Equity One Abs Inc), Indenture (Cwabs Inc)

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

Appears in 8 contracts

Samples: Indenture (Long Beach Securities Corp), Indenture (DLJ Mortgage Acceptance Corp), Indenture (Icifc Secured Assets Corp)

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

Appears in 8 contracts

Samples: Indenture (Imh Assets Corp Collateralized Asset Backed Bonds Ser 2000 1), Indenture (Imh Assets Corp Collateralized Asset-Backed BDS Ser 1999-2), Indenture (Imh Assets Corp)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA ss. 310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition, condition and the time deposits it or its parent shall have a long-term debt rating of the Indenture Trustee shall be rated at least A-1 Baa3 or better by Xxxxx'x and BBB or better by Standard & Poor's and P-1 by Moody's. The Indenture Trustee shall comply with TIA ss. 310(b), including the optional provision permitted by the second sentence of TIA ss. 310(b)(9); providedPROVIDED, howeverHOWEVER, that there shall be excluded from the operation of TIA ss. 310(b)(1) any indenture or indentures under which other securities of the Issuer are outstanding if the requirements for such exclusion set forth in TIA ss. 310(b)(1) are met.

Appears in 7 contracts

Samples: Indenture (Imh Assets Corp Collateralized Asset Backed Bonds Ser 2004 3), Indenture, Dated as Of (Imh Assets Corp), Servicing Agreement (Imh Assets Corp Impac CMB Trust Series 2004-1)

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

Appears in 7 contracts

Samples: Servicing Agreement (Long Beach Securities Corp), Indenture (WMC Secured Assets Corp), Indenture (New Century Mortgage Securities Inc)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA ss. 310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition, condition and the time deposits it or its parent shall have a long-term debt rating of the Indenture Trustee shall be rated at least A-1 Baa3 or better by Standard & PoorMoody's and P-1 BBB or better by MoodyStandarx & Xxxr's. The Indenture Trustee shall comply with TIA ss. 310(b), including the optional provision permitted by the second sentence of TIA ss. 310(b)(9); provided, however, that there shall be excluded from the operation of TIA ss. 310(b)(1) any indenture or indentures under which other securities of the Issuer are outstanding if the requirements for such exclusion set forth in TIA ss. 310(b)(1) are met.

Appears in 5 contracts

Samples: Servicing Agreement (Imh Assets Corp Impac CMB Trust Series 2003 10), Servicing Agreement (Imh Assets Corp Impac CMB Trust Series 2005-1), Indenture (Imh Assets Corp)

Eligibility; Disqualification. (a) The Indenture Trustee shall at all times satisfy the requirements of TIA ss. 310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition, and the time deposits of the Indenture Trustee shall be rated at least A-1 by Standard & Poor's and P-1 by Moody's. The Indenture Trustee shall comply with TIA ss. 310(b), including the optional provision permitted by the second sentence of TIA ss. 310(b)(9); provided, however, that there shall be excluded from the operation of TIA ss. 310(b)(1) any indenture or indentures under which other securities of the Issuer are outstanding if the requirements for such exclusion set forth in TIA ss. 310(b)(1) are met.

Appears in 5 contracts

Samples: Indenture (SSB Vehicle Securities Inc SSB Auto Loan Trust 2002-1), Indenture (Regions Acceptance LLC Regions Auto Receivables Tr 2003-2), Indenture (SSB Vehicle Securities Inc)

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

Appears in 5 contracts

Samples: Indenture (Painewebber Mortgage Acceptance Corporation Iv), Indenture (Argent Securities Inc), Servicing Agreement (Boardwalk Mortgage Securities Inc.)

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

Appears in 4 contracts

Samples: Cendant Mortgage Capital LLC, Credit Suisse First Boston Mortgage Acceptance Corp, Deutsche Alt-a Securities Inc

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

Appears in 4 contracts

Samples: NISSAN AUTO RECEIVABLES Co II LLC, NISSAN AUTO RECEIVABLES Co II LLC, NISSAN AUTO RECEIVABLES Co II LLC

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA ss. Section 310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 50,000,000.00 as set forth in its most recent published annual report of condition, and the time deposits of the Indenture Trustee shall be rated at least A-1 “A-1” by Standard & Poor's ’s and P-1 “Prime-1” by Moody's’s. The Indenture Trustee shall comply with TIA ss. Section 310(b), including the optional provision permitted by the second sentence of TIA ss. Section 310(b)(9); provided, however, that there shall be excluded from the operation of TIA ss. Section 310(b)(1) any indenture or indentures under which other securities of the Issuer are outstanding if the requirements for such exclusion set forth in TIA ss. Section 310(b)(1) are met.

Appears in 4 contracts

Samples: Indenture (Hyundai Auto Receivables Trust 2011-A), Indenture (Hyundai Auto Receivables Trust 2011-B), Indenture (Hyundai Auto Receivables Trust 2010-B)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA ss. §310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition, condition and the time deposits of the Indenture Trustee either its long-term unsecured debt shall be rated at least A-1 Baa3 by Moody’s or BBB- by Standard & Poor's and P-1 ’s or its short-term debt shall be rated at least P-2 by Moody's’s or A-2 by Standard & Poor’s. The Indenture Trustee shall comply with TIA ss. §310(b), including the optional provision permitted by the second sentence of TIA ss. 310(b)(9); provided, however, that there shall be excluded from the operation of TIA ss. §310(b)(1) any indenture or indentures under which other securities of the Issuer are outstanding if the requirements for such exclusion set forth in TIA ss. §310(b)(1) are met.

Appears in 3 contracts

Samples: Master Indenture (First National Funding LLC), Master Indenture (First National Master Note Trust), Master Indenture (First National Funding LLC)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA ss. 310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition, and the time deposits of the Indenture Trustee shall be rated at least A-1 by Standard & Poor's and P-1 by Moody'sXxxxx'x. The Indenture Trustee shall comply with TIA ss. 310(b), including the optional provision permitted by the second sentence of TIA ss. 310(b)(9); provided, however, that there shall be excluded from the operation of TIA ss. 310(b)(1) any indenture or indentures under which other securities of the Issuer are outstanding if the requirements for such exclusion set forth in TIA ss. 310(b)(1) are met.

Appears in 3 contracts

Samples: Indenture (American Honda Receivables Corp), Honda Auto Receivables 2002-2 Owner Trust, Honda Auto Receivables 2003-1 Owner Trust

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA ss. 310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition, condition and the time deposits it shall have a long term debt rating of the Indenture Trustee shall be rated at least A-1 by Standard & Poor's and P-1 Baa3 or better by Moody's. The Indenture Trustee shall comply with TIA ss. 310(b), including the optional provision permitted by the second sentence of TIA ss. 310(b)(9); providedPROVIDED, howeverHOWEVER, that there shall be excluded from the operation of TIA ss. 310(b)(1) any indenture or indentures under which other securities of the Issuer are outstanding if the requirements for such exclusion set forth in TIA ss. 310(b)(1) are met.

Appears in 3 contracts

Samples: Indenture (Keycorp Student Loan Trust 2001-A), Indenture (Usa Group Secondary Market Services Inc), Key Bank Usa National Association

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

Appears in 3 contracts

Samples: Indenture (Homebanc Corp), Indenture (Homebanc Corp), Indenture (Peoples Choice Home Loan Securities Trust Series 2005-2)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA ss. 310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition, and the time deposits of the Indenture Trustee shall be rated at least A-1 "A-1" by Standard & Poor's and P-1 "Prime-1" by Moody's. The Indenture Trustee shall comply with TIA ss. 310(b), including the optional provision permitted by the second sentence of TIA ss. 310(b)(9); provided, however, that there shall be excluded from the operation of TIA ss. 310(b)(1) any indenture or indentures under which other securities of the Issuer are outstanding if the requirements for such exclusion set forth in TIA ss. 310(b)(1) are met.

Appears in 3 contracts

Samples: Indenture (BMW Vehicle Owner Trust 2002-A), Indenture (BMW Vehicle Owner Trust 2005-A), BMW Vehicle Owner Trust 2006-A

Eligibility; Disqualification. (a) The Indenture Trustee shall at all times satisfy the requirements of TIA ss. § 310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition, and the time deposits of the Indenture Trustee shall be rated at least A-1 “A-1” by Standard & Poor's ’s and P-1 “F1” by Moody'sFitch. The Indenture Trustee shall comply with TIA ss. § 310(b), including the optional provision permitted by the second sentence of TIA ss. § 310(b)(9); provided, however, that there shall be excluded from the operation of TIA ss. § 310(b)(1) any indenture or indentures under which other securities of the Issuer are outstanding if the requirements for such exclusion set forth in TIA ss. § 310(b)(1) are met.

Appears in 3 contracts

Samples: Indenture (Chrysler Financial Auto Securitization Trust 2009-B), Indenture (Chrysler Financial Auto Securitization Trust 2009-A), Indenture (Chrysler Financial Auto Securitization Trust 2010-A)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA ss. 310(a(S)310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition, condition and the time deposits of the Indenture Trustee its long-term unsecured debt shall be rated at least A-1 Baa3 by Moody's, BBB- by Standard & Poor's and P-1 BBB- by Moody'sFitch. The Indenture Trustee shall comply with TIA ss. 310(b(S)310(b), including the optional provision permitted by the second sentence of TIA ss. 310(b)(9(S)310(b)(9); provided, however, that there shall be excluded from the operation of TIA ss. 310(b)(1(S)310(b)(1) any indenture or indentures under which other securities of the Issuer are outstanding if the requirements for such exclusion set forth in TIA ss. 310(b)(1(S)310(b)(1) are met.

Appears in 3 contracts

Samples: Household Credit Card Master Note Trust I, Household Credit Card Master Note Trust I, Conseco Finance Credit Funding Corp

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA ss. § 310(a). The Indenture Trustee and the Securities Administrator shall each have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition, condition and the time deposits it or its parent shall have a long-term debt rating of the Indenture Trustee shall be rated at least A-1 Baa3 or better by Xxxxx'x and BBB or better by Standard & Poor's and P-1 by Moody's. The Indenture Trustee shall comply with TIA ss. § 310(b), including the optional provision permitted by the second sentence of TIA ss. § 310(b)(9); provided, however, that there shall be excluded from the operation of TIA ss. § 310(b)(1) any indenture or indentures under which other securities of the Issuer are outstanding if the requirements for such exclusion set forth in TIA ss. § 310(b)(1) are met.

Appears in 3 contracts

Samples: Trust Agreement (MORTGAGEIT TRUST 2005-3, Mortgage-Backed Notes, Series 2005-3), MortgageIT Trust 2005-5, Mortgage-Backed Notes, Series 2005-5, MORTGAGEIT TRUST 2005-4, Mortgage-Backed Notes, Series 2005-4

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA ss. (S) 310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 100,000,000 as set forth in its most recent published annual report of condition, condition and the time deposits it or its parent shall have a long-term debt rating of the Indenture Trustee Baa3 or better by Moody's or shall otherwise be rated at least A-1 by Standard & Poor's and P-1 by acxxxxxxxe to Moody's. The Indenture Trustee shall comply sxxxx xxmply with TIA ss. 310(b), including the optional provision permitted by the second sentence of TIA ss. 310(b)(9); provided, however, that there shall be excluded from the operation of TIA ss. 310(b)(1) any indenture or indentures under which other securities of the Issuer are outstanding if the requirements for such exclusion set forth in TIA ss. 310(b)(1) are met.

Appears in 2 contracts

Samples: Gs Mortgage Securities Corp, Goldman Sachs Asset Backed Securities Corp

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA ss. Section 310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 50,000,000.00 as set forth in its most recent published annual report of condition, and the time deposits of the Indenture Trustee shall be rated at least A-1 “A-1” by Standard & Poor's ’s and P-1 “F1+” by Moody'sFitch. The Indenture Trustee shall comply with TIA ss. Section 310(b), including the optional provision permitted by the second sentence of TIA ss. Section 310(b)(9); provided, however, that there shall be excluded from the operation of TIA ss. Section 310(b)(1) any indenture or indentures under which other securities of the Issuer are outstanding if the requirements for such exclusion set forth in TIA ss. Section 310(b)(1) are met.

Appears in 2 contracts

Samples: Indenture (Hyundai Abs Funding Corp), Hyundai Auto Receivables Trust 2009-A

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

Appears in 2 contracts

Samples: Servicing Agreement (Imh Assets Corp Collateralized Asset Backed Bonds Se 03 12), IMPAC CMB Trust SERIES 2004-6

Eligibility; Disqualification. (a) The Indenture Trustee shall at all times satisfy the requirements of TIA ss. 310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition, and the time deposits of the Indenture Trustee shall be rated at least A-1 "P-1" by Standard & PoorMoody's and P-1 "F1" by Moody'sFitch. The Indenture Trustee shall comply with TIA ss. 310(b), including the optional provision permitted by the second sentence of TIA ss. 310(b)(9); provided, however, that there shall be excluded from the operation of TIA ss. 310(b)(1) any indenture or indentures under which other securities of the Issuer are outstanding if the requirements for such exclusion set forth in TIA ss. 310(b)(1) are met.

Appears in 2 contracts

Samples: Indenture (DaimlerChrysler Auto Trust 2006-C), DaimlerChrysler Auto Trust 2006-B

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA ss. § 310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition, and the time deposits of the Indenture Trustee shall be rated at least A-1 by Standard & Poor's S&P Global Ratings and P-1 (if rated by Moody'sFitch) F-1 by Fitch. The Indenture Trustee shall comply with TIA ss. § 310(b), including the optional provision permitted by the second sentence of TIA ss. § 310(b)(9); provided, however, that there shall be excluded from the operation of TIA ss. § 310(b)(1) any indenture or indentures under which other securities of the Issuer Issuing Entity are outstanding if the requirements for such exclusion set forth in TIA ss. § 310(b)(1) are met.

Appears in 2 contracts

Samples: Indenture (World Omni Auto Receivables Trust 2016-B), Indenture (World Omni Auto Receivables Trust 2016-B)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA ss. 310(a)) and Section 26(a) of the Investment Company Act. The Indenture Trustee shall have a combined capital and surplus, and an aggregate capital, surplus and undivided profits, of at least $50,000,000 as set forth in its most recent published annual report of condition, condition and the time deposits (unless waived by Moodx'x) xx shall have a long term unsecured debt rating of the Indenture Trustee shall be rated at least A-1 Baa3 or better by Standard & Poor's and P-1 by Moody'sMoodx'x. The Xxe Indenture Trustee shall comply with TIA ss. 310(b), including the optional provision permitted by the second sentence of TIA ss. 310(b)(9); provided, however, that there shall be excluded from the operation of TIA ss. 310(b)(1) any indenture or indentures under which other securities of the Issuer are outstanding if the requirements for such exclusion set forth in TIA ss. 310(b)(1) are met.

Appears in 2 contracts

Samples: Indenture (Wholesale Auto Receivables Corp), Indenture (Wholesale Auto Receivables Corp)

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

Appears in 2 contracts

Samples: Servicing Agreement (National City Mortgage Capital LLC), Servicing Agreement (Long Beach Securities Corp)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA ss. 310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 [________] as set forth in its most recent published annual report of condition, and the time deposits of the Indenture Trustee shall be rated at least A-1 by Standard & Poor's and P-1 by Moody'sXxxxx'x. The Indenture Trustee shall comply with TIA ss. 310(b), including the optional provision permitted by the second sentence of TIA ss. 310(b)(9); provided, however, that there shall be excluded from the operation of TIA ss. 310(b)(1) any indenture or indentures under which other securities of the Issuer are outstanding if the requirements for such exclusion set forth in TIA ss. 310(b)(1) are met.

Appears in 2 contracts

Samples: American Honda Receivables Corp, American Honda Receivables Corp

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA ss. § 310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition, condition and the time deposits it or its parent shall have a long-term debt rating of the Indenture Trustee shall be rated at least A-1 “Baa3” or better by Standard & Poor's Mxxxx’x and P-1 “BBB” or better by Moody'sS&P and Fitch. The Indenture Trustee shall comply with TIA ss. § 310(b), including the optional provision permitted by the second sentence of TIA ss. § 310(b)(9); provided, however, that there shall be excluded from the operation of TIA ss. § 310(b)(1) any indenture or indentures under which other securities of the Issuer are outstanding if the requirements for such exclusion set forth in TIA ss. § 310(b)(1) are met.

Appears in 2 contracts

Samples: Indenture (New Century Home Equity Loan Trust 2006-S1), Indenture (New Century Alternative Mortgage Loan Trust 2006-Alt1)

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

Appears in 2 contracts

Samples: Peoples Choice Home Loan Securities Corp, MortgageIT Securities Corp.

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

Appears in 2 contracts

Samples: PHH Mortgage Capital LLC, Nomura Home Equity Loan, Inc.

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

Appears in 2 contracts

Samples: Indenture (Irwin Whole Loan Home Equity Trust 2004 A), Bear Stearns Asset Backed Sec Inc Irwin Home Eq Lo Tr 2001-2

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA ss. 310(a). The Indenture Trustee shall have a combined capital and surplus of at least [$50,000,000 50,000,000] as set forth in its most recent published annual report of condition, condition and the time deposits it or its parent shall have a long-term debt rating of the Indenture Trustee shall be rated at least A-1 [Baa3] or better by Standard & Poor's and P-1 by Moody's[Xxxxx'x]. The Indenture Trustee shall comply with TIA ss. 310(b), including the optional provision permitted by the second sentence of TIA ss. 310(b)(9); provided, however, that there shall be excluded from the operation of TIA ss. 310(b)(1) any indenture or indentures under which other securities of the Issuer Issuing Entity are outstanding if the requirements for such exclusion set forth in TIA ss. 310(b)(1) are met.. Section 6.12

Appears in 2 contracts

Samples: American Home Mortgage Securities LLC, American Home Mortgage Assets LLC

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

Appears in 2 contracts

Samples: Indenture (New Century Home Equity Loan Trust 2006-2), Indenture (New Century Home Equity Loan Trust 2006-1)

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

Appears in 2 contracts

Samples: Servicing Agreement (Impac CMB Trust Collaterlized Ab Bond Series 2003-3), Mortgage Loan Purchase Agreement (Imh Assets Corp Impac CMB Trust Series 2004-9)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA ss. 310(a)) and Section 26(a) of the Investment Company Act. The Indenture Trustee shall have a combined capital and surplus, and an aggregate capital, surplus and undivided profits, of at least $50,000,000 ________________ as set forth in its most recent published annual report of condition, condition and the time deposits (unless waived by ________) it shall have a long term unsecured debt rating of the Indenture Trustee shall be rated at least A-1 ________ or better by Standard & Poor's and P-1 by Moody's________. The Indenture Trustee shall comply with TIA ss. 310(b), including the optional provision permitted by the second sentence of TIA ss. 310(b)(9); provided, however, that there shall be excluded from the operation of TIA ss. 310(b)(1) any indenture or indentures under which other securities of the Issuer are outstanding if the requirements for such exclusion set forth in TIA ss. 310(b)(1) are met.

Appears in 2 contracts

Samples: Indenture (Asset Backed Securities Corp), Ace Securities Corp

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

Appears in 2 contracts

Samples: Material Definitive Agreement (Impac Secured Assets Corp), Material Definitive Agreement (Impac Secured Assets Corp)

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

Appears in 1 contract

Samples: Trust Series (WaMu Asset Acceptance Corp.)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA ss. 310(a)310(a)(1) and ss. 310(a)(5) [and Section 26(a)(1) of the Investment Company Act of 1940]. The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition, condition and it shall have a long term debt rating of A (or the time deposits equivalent thereof) or better by all of the Indenture Trustee shall be rated at least A-1 by Standard & Poor's and P-1 by Moody'sRating Agencies from which a rating is available. The Indenture Trustee shall comply with TIA ss. 310(b), including the optional provision permitted by the second sentence of TIA ss. 310(b)(9); provided, however, that there shall be excluded from the operation of TIA ss. 310(b)(1) any indenture or indentures under which other securities of the Note Issuer are outstanding if the requirements for such exclusion set forth in TIA ss. 310(b)(1) are met.

Appears in 1 contract

Samples: Interest Original Principal (Central & South West Corp)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA ss. 310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition, condition and the time deposits it or its parent shall have a long-term debt rating of the Indenture Trustee shall be rated at least A-1 Baa3 or better by Standard & PoorMoody's and P-1 BBB or better by MoodyStandaxx & Xxor's. The Indenture Trustee shall comply with TIA ss. 310(b), including the optional provision permitted by the second sentence of TIA ss. 310(b)(9); provided, however, that there shall be excluded from the operation of TIA ss. 310(b)(1) any indenture or indentures under which other securities of the Issuer are outstanding if the requirements for such exclusion set forth in TIA ss. 310(b)(1) are met.

Appears in 1 contract

Samples: Servicing Agreement (Imh Assets Corp Collateralized Asset Backed Bonds Ser 2004 4)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA ss. Section 310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition, condition and the time deposits it or its parent shall have a long-term debt rating of the Indenture Trustee shall be rated at least A-1 Baa3 or better by Xxxxx'x and BBB or better by Standard & Poor's and P-1 by Moody's. The Indenture Trustee shall comply with TIA ss. Section 310(b), including the optional provision permitted by the second sentence of TIA ss. Section 310(b)(9); providedPROVIDED, howeverHOWEVER, that there shall be excluded from the operation of TIA ss. Section 310(b)(1) any indenture or indentures under which other securities of the Issuer are outstanding if the requirements for such exclusion set forth in TIA ss. Section 310(b)(1) are met.

Appears in 1 contract

Samples: Indenture (Imh Assets Corp)

Eligibility; Disqualification. The Indenture Trustee shall ----------------------------- at all times satisfy the requirements of TIA ss. Section 310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of conditioncondition and shall have a long term debt rating of investment grade by each of the Rating Agencies or shall otherwise be acceptable to each Rating Agency, and the time deposits of the Indenture Trustee shall be rated at least A-1 by Standard & Poor's and P-1 Prime-1 by Moody's. The Indenture Trustee shall comply with TIA ss. Section 310(b), including the optional provision permitted by the second sentence of TIA ss. 310(b)(9); provided, however, that there shall be excluded from the operation of TIA ss. Section 310(b)(1) any indenture or indentures under which other securities of the Issuer are outstanding if the requirements for such exclusion set forth in TIA ss. Section 310(b)(1) are met.

Appears in 1 contract

Samples: Pooled Auto Securities Shelf LLC

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA ss. 310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition, condition and the time deposits of the Indenture Trustee its long-term unsecured debt shall be rated at least A-1 Baa3 by Xxxxx'x and BBB- by Standard & Poor's and P-1 by Moody's. The Indenture Trustee shall comply with TIA ss. 310(b), including the optional provision permitted by the second sentence of TIA ss. 310(b)(9); provided, however, that there shall be excluded from the operation of TIA ss. 310(b)(1) any indenture or indentures under which other securities of the Issuer issuer are outstanding if the requirements for such exclusion set forth in TIA ss. 310(b)(1) are met.

Appears in 1 contract

Samples: Metlife Capital Equipment Loan Trusts

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA ss. ' 310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition, condition and the time deposits it shall have a long term debt rating of the Indenture Trustee shall be rated [at least A-1 Baa3 or better by Standard & Poor's Xxxxx'x and P-1 at least BBB by Moody'sS&P]. The Indenture Trustee shall comply with TIA ss. ' 310(b), including the optional provision permitted by the second sentence of TIA ss. ' 310(b)(9); providedPROVIDED, howeverHOWEVER, that there shall be excluded from the operation of TIA ss. ' 310(b)(1) any indenture or indentures under which other securities of the Issuer are outstanding if the requirements for such exclusion set forth in TIA ss. ' 310(b)(1) are met.

Appears in 1 contract

Samples: Mellon Bank N A

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

Appears in 1 contract

Samples: BNP Paribas Mortgage Securities LLC

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA ss. Section 310(a). The Indenture Trustee shall be acceptable to the Note Insurer and shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition, condition and the time deposits it or its parent shall have a long-term debt rating of the Indenture Trustee not less than "A" by S&P or shall otherwise be rated at least A-1 by Standard & Poor's and P-1 by Moody'sacceptable to each Rating Agency. The Indenture Trustee shall comply with TIA ss. Section 310(b), including the optional provision permitted by the second sentence of TIA ss. Section 310(b)(9); provided, however, that there shall be excluded from the operation of TIA ss. Section 310(b)(1) any indenture or indentures under which other securities of the Issuer are outstanding if the requirements for such exclusion set forth in TIA ss. Section 310(b)(1) are met.

Appears in 1 contract

Samples: Indenture (Ace Securities Corp Home Loan Trust 1999 a Asset Backed Note)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA ss. Section 310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition, condition and the time deposits of the Indenture Trustee its long-term unsecured debt shall be rated at least A-1 BBB- by Fitch, Baa3 by Moody's and BBB- by Standard & Poor's and P-1 by Moody's. The Indenture Trustee shall comply with TIA ss. Section 310(b), including the optional provision permitted by the second sentence of TIA ss. Section 310(b)(9); provided, however, that there shall be excluded from the operation of TIA ss. Section 310(b)(1) any indenture or indentures under which other securities of the Issuer are outstanding if the requirements for such exclusion set forth in TIA ss. Section 310(b)(1) are met.

Appears in 1 contract

Samples: Household Affinity Funding Corp Iii

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA ss. 310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition, condition and the time deposits it shall have a long term debt rating of the Indenture Trustee shall be rated at least A-1 BBB- by Standard & Poor's and P-1 Baa3 by Moody's's or better by the Rating Agencies. The Indenture Trustee shall comply with TIA ss. 310(b310 (b), including the optional provision permitted by the second sentence of TIA ss. 310(b)(9); providedPROVIDED, howeverHOWEVER, that there shall be excluded from the operation of TIA ss. 310(b)(1) any indenture or indentures under undeR which other securities of the Issuer are outstanding if the requirements for such exclusion set forth in TIA ss. 310(b)(1) are met.

Appears in 1 contract

Samples: Ace Securities Corp

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

Appears in 1 contract

Samples: Indenture (Impac Secured Assets CMN Trust Series 1998-1)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA ss. § 310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of conditioncondition and it or its parent shall have a long-term debt rating of “Baa3” or better by Xxxxx’x and “BBB” or better by S&P, Fitch and the time deposits of the Indenture Trustee shall be rated at least A-1 by Standard & Poor's and P-1 by Moody'sDBRS. The Indenture Trustee shall comply with TIA ss. § 310(b), including the optional provision permitted by the second sentence of TIA ss. § 310(b)(9); provided, however, that there shall be excluded from the operation of TIA ss. § 310(b)(1) any indenture or indentures under which other securities of the Issuer are outstanding if the requirements for such exclusion set forth in TIA ss. § 310(b)(1) are met.

Appears in 1 contract

Samples: Indenture (New Century Home Equity Loan Trust 2005-2)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA ss. Section 310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition, and the time deposits of the Indenture Trustee or its corporate parent shall be rated at least A-1 by Standard & Poor's and P-1 by Moody's. The Indenture Trustee shall comply with TIA ss. Section 310(b), including the optional provision permitted by the second sentence of TIA ss. Section 310(b)(9); provided, however, that there shall be excluded from the operation of TIA ss. Section 310(b)(1) any indenture or indentures under which other securities of the Issuer are outstanding if the requirements for such exclusion set forth in TIA ss. Section 310(b)(1) are met.

Appears in 1 contract

Samples: Daimlerchrysler Auto Trust 2003-B

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA ss. § 310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition, and the time deposits short-term debt rating of the Indenture Trustee shall be rated at least A-1 “A-1” by Standard & Poor's ’s and P-1 “Prime-1” by Moody'sXxxxx’x. The Indenture Trustee shall comply with TIA ss. § 310(b), including the optional provision permitted by the second sentence of TIA ss. § 310(b)(9); provided, however, that there shall be excluded from the operation of TIA ss. § 310(b)(1) any indenture or indentures under which other securities of the Issuer are outstanding if the requirements for such exclusion set forth in TIA ss. § 310(b)(1) are met.

Appears in 1 contract

Samples: BMW Vehicle Owner Trust 2010-A

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA sss.s. 310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition, and the time deposits of the Indenture Trustee shall be rated at least A-1 by Standard & Poor's and P-1 by Moody's. The Indenture Trustee shall comply with TIA sss.s. 310(b), including the optional provision permitted by the second sentence of TIA sss.s. 310(b)(9); provided, however, that there shall be excluded from the operation of TIA sss.s. 310(b)(1) any indenture or indentures under which other securities of the Issuer are outstanding if the requirements for such exclusion set forth in TIA sss.s. 310(b)(1) are met.

Appears in 1 contract

Samples: Premier Auto Trust 1998-3

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

Appears in 1 contract

Samples: Indenture (Opteum Mortgage Acceptance CORP)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA ss. ss.ss..310(a). The Indenture Trustee shall have a combined capital and surplus anx xxxplus of at least [$50,000,000 40,000,000] as set forth in its most recent published annual report of condition, condition and the time deposits it or its parent shall have a long-term debt rating of the Indenture Trustee shall be rated at least A-1 [Baa3] or better by Standard & Poor's and P-1 by [Moody's]. The Indenture Trustee shall comply with TIA ss. 310(b), including incxxxxxx the optional provision permitted by the second sentence of TIA ss. 310(b)(9); provided, however, that there shall be excluded from the operation of TIA ss. 310(b)(1) any indenture or indentures under which other securities of the Issuer Issuing Entity are outstanding if the requirements for such exclusion set forth in TIA ss. 310(b)(1) are met.

Appears in 1 contract

Samples: Material Definitive Agreement (Structured Asset Mortgage Investments Ii Inc)

Eligibility; Disqualification. (a) The Indenture Trustee shall at all times satisfy the requirements of TIA ss. 310(a(S)310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition, condition and the time deposits it shall have a long-term senior unsecured debt rating of not less than investment grade by each of the Indenture Trustee shall be rated at least A-1 by Standard & Poor's and P-1 by Moody'sRating Agencies. The Indenture Trustee shall comply with TIA ss. 310(b(S)310(b), including the optional provision permitted by the second sentence of TIA ss. 310(b)(9(S)310(b)(9); provided, however, that there shall be excluded from the operation of TIA ss. 310(b)(1(S)310(b)(1) any indenture or indentures under which other securities of the Issuer are outstanding if the requirements for such exclusion set forth in TIA ss. 310(b)(1(S)310(b)(1) are met.

Appears in 1 contract

Samples: Indenture (SLM Education Credit Funding LLC)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA ss. Section 310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 50,000,000.00 as set forth in its most recent published annual report of condition, and the time deposits of the Indenture Trustee shall be rated at least A-1 [____] by Standard & Poor's [____] or [____] by [____] and P-1 [____] by Moody's[____]. The Indenture Trustee shall comply with TIA ss. Section 310(b), including the optional provision permitted by the second sentence of TIA ss. Section 310(b)(9); provided, however, that there shall be excluded from the operation of TIA ss. Section 310(b)(1) any indenture or indentures under which other securities of the Issuer are outstanding if the requirements for such exclusion set forth in TIA ss. Section 310(b)(1) are met.

Appears in 1 contract

Samples: Indenture (Hyundai Abs Funding LLC)

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

Appears in 1 contract

Samples: Home Loan Trust 2005-Hi3

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

Appears in 1 contract

Samples: Imh Assets Corp

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA ss. 310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition, condition and the time deposits it or its parent shall have a long-term debt rating of the Indenture Trustee shall be rated at least A-1 by Standard & Poor's and P-1 A or better by Moody's. The Indenture Trustee shall comply with TIA ss. 310(b310(x), including xncluding the optional provision permitted by the second sentence of TIA ss. 310(b)(9); provided, however, that there shall be excluded from the operation of TIA ss. 310(b)(1) any indenture or indentures under which other securities of the Issuer are outstanding if the requirements for such exclusion set forth in TIA ss. 310(b)(1) are met.

Appears in 1 contract

Samples: Gmacm Home Equity Loan Trust 2004-He5

Eligibility; Disqualification. (a) The Indenture Trustee shall at all times satisfy the requirements of TIA ss. Sectopm 310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition, and the time deposits of the Indenture Trustee shall be rated at least A-1 by Standard & Poor's and P-1 by Moody's. The Indenture Trustee shall comply with TIA ss. Section 310(b), including the optional provision permitted by the second sentence of TIA ss. Section 310(b)(9); provided, however, that there shall be excluded from the operation of TIA ss. Section 310(b)(1) any indenture or indentures under which other securities of the Issuer are outstanding if the requirements for such exclusion set forth in TIA ss. Section 310(b)(1) are met.

Appears in 1 contract

Samples: SSB Vehicle Sec Huntington Auto Trust 2000-A

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

Appears in 1 contract

Samples: Bond Securitization LLC

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA ss. § 310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition, condition and the time deposits it or its parent shall have a long-term debt rating of the Indenture Trustee shall be rated at least A-1 “Baa3” or better by Standard & Poor's Xxxxx’x and P-1 “BBB” or better by Moody'sS&P and Fitch. The Indenture Trustee shall comply with TIA ss. § 310(b), including the optional provision permitted by the second sentence of TIA ss. § 310(b)(9); provided, however, that there shall be excluded from the operation of TIA ss. § 310(b)(1) any indenture or indentures under which other securities of the Issuer are outstanding if the requirements for such exclusion set forth in TIA ss. § 310(b)(1) are met.

Appears in 1 contract

Samples: Indenture (Greenpoint Mortgage Funding Trust 2005-He4)

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

Appears in 1 contract

Samples: Indenture (Bear Stearns Asset Backed Securities Inc)

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

Appears in 1 contract

Samples: Nomura Asset Acceptance Corp

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

Appears in 1 contract

Samples: Material Definitive Agreement (Opteum Mortgage Acceptance CORP)

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

Appears in 1 contract

Samples: Deutsche Alt-a Securities Inc

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA ssTIAss. 310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition, condition and the time deposits it shall have a long term debt rating of the Indenture Trustee shall be rated at least A-1 BBB- by Standard & Poor's and P-1 Baa by Moody's. The Indenture Trustee shall comply with TIA ssTIAss. 310(b310 (b), including the optional provision permitted by the second sentence of TIA ssTIAss. 310(b)(9); provided, however, that there shall be excluded from the operation of TIA ssTIAss. 310(b)(1) any indenture or indentures under which other securities of the Issuer are outstanding if the requirements for such exclusion set forth in TIA ssTIAss. 310(b)(1) are met.

Appears in 1 contract

Samples: Money Store Home Equity Corp

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

Appears in 1 contract

Samples: Indenture (Bear Stearns Asset Backed Securities Inc)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA ss. 310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition, condition and the time deposits it shall have a long term debt rating of the Indenture Trustee shall be rated at least A-1 BBB- by Standard & Poor's and P-1 Baa3 by Moody'sXxxxx'x or better by the Rating Agencies. The Indenture Trustee shall comply with TIA ss. 310(b310 (b), including the optional provision permitted by the second sentence of TIA ss. 310(b)(9); providedPROVIDed, howeverHOWEVer, that there shall be excluded from the operation of TIA ss. 310(b)(1) any indenture or indentures under which other otheR securities of the Issuer are outstanding if the requirements for such exclusion set forth in TIA ss. 310(b)(1) are met.

Appears in 1 contract

Samples: Mellon Auto Receivables Corp

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA ss. 310(aSection310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition, condition and the time deposits of the Indenture Trustee its long-term unsecured debt shall be rated at least A-1 BBB- by Fitch, Baa3 by Moody's and BBB- by Standard & Poor's and P-1 by Moody's. The Indenture Trustee shall comply with TIA ss. 310(bSection310(b), including the optional provision permitted by the second sentence of TIA ss. 310(b)(9Section310(b)(9); provided, however, that there shall be excluded from the operation of TIA ss. 310(b)(1Section310(b)(1) any indenture or indentures under which other securities of the Issuer are outstanding if the requirements for such exclusion set forth in TIA ss. 310(b)(1Section310(b)(1) are met.

Appears in 1 contract

Samples: Household Affinity Funding Corp Iii

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA ss. 310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition, and the time deposits of the Indenture Trustee shall be rated at least A-1 by Standard & Poor's 's, F1 by Fitch and P-1 by Moody's. The Indenture Trustee shall comply with TIA ss. 310(b), including the optional provision permitted by the second sentence of TIA ss. 310(b)(9); provided, however, that there shall be excluded from the operation of TIA ss. 310(b)(1) any indenture or indentures under which other securities of the Issuer are outstanding if the requirements for such exclusion set forth in TIA ss. 310(b)(1) are met.

Appears in 1 contract

Samples: Indenture (World Omni Auto Receivables LLC)

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

Appears in 1 contract

Samples: Gs Mortgage Securities Corp

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

Appears in 1 contract

Samples: Material Definitive Agreement (MortgageIT Securities Corp.)

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

Appears in 1 contract

Samples: Servicing Agreement (Citigroup Mortgage Loan Trust Inc)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA ss. 310(a). The Indenture Trustee shall have a combined capital and surplus of at least [$50,000,000 40,000,000] as set forth in its most recent published annual report of condition, condition and the time deposits it or its parent shall have a long-term debt rating of the Indenture Trustee shall be rated at least A-1 [Baa3] or better by Standard & Poor's and P-1 by [Moody's]. The Indenture Trustee shall comply with TIA ss. 310(b), including incxxxxxx the optional provision permitted by the second sentence of TIA ss. 310(b)(9); provided, however, that there shall be excluded from the operation of TIA ss. 310(b)(1) any indenture or indentures under which other securities of the Issuer are outstanding if the requirements for such exclusion set forth in TIA ss. 310(b)(1) are met.

Appears in 1 contract

Samples: Structured Asset Mortgage Investments Ii Inc

Eligibility; Disqualification. The Indenture Trustee shall ----------------------------- at all times satisfy the requirements of TIA ssSec. 310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition, condition and the time deposits it or its parent shall have a long-term debt rating of the Indenture Trustee shall be rated at least A-1 Baa3 or better by Standard Moody's and BBB or better by Stanxxxx & Poor's and P-1 by Moody's. The Indenture Trustee shall comply with TIA ssSec. 310(b), including the optional provision permitted by the second sentence of TIA ssSec. 310(b)(9); provided, however, that there shall be excluded from the operation of TIA ssSec. 310(b)(1) any indenture or indentures under which other securities of the Issuer are outstanding if the requirements for such exclusion set forth in TIA ssSec. 310(b)(1) are met.

Appears in 1 contract

Samples: Servicing Agreement (Imh Assets Corp)

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

Appears in 1 contract

Samples: Indenture (Usa Group Secondary Market Services Inc)

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

Appears in 1 contract

Samples: Newcastle Mortgage Securities Trust 2007-1

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

Appears in 1 contract

Samples: Nomura Asset Acceptance Corp

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA ss. Section 310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 50,000,000.00 as set forth in its most recent published annual report of condition, and the time deposits of the Indenture Trustee shall be rated at least A-1 [“A-1” by Standard & Poor's ’s and P-1 “Prime-1” by Moody's’s]. The Indenture Trustee shall comply with TIA ss. Section 310(b), including the optional provision permitted by the second sentence of TIA ss. Section 310(b)(9); provided, however, that there shall be excluded from the operation of TIA ss. Section 310(b)(1) any indenture or indentures under which other securities of the Issuer are outstanding if the requirements for such exclusion set forth in TIA ss. Section 310(b)(1) are met.

Appears in 1 contract

Samples: Hyundai Abs Funding Corp

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA ssTIAss. 310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition, and the time deposits of the Indenture Trustee shall be rated at least A-1 by Standard & Poor's and P-1 by Moody's. The Indenture Trustee shall comply with TIA ssTIAss. 310(b), including the optional provision permitted permitte d by the second sentence of TIA ssTIAss. 310(b)(9); provided, however, that there shall be excluded from the operation of TIA ssTIAss. 310(b)(1) any indenture or indentures under which other securities of the Issuer are outstanding if the requirements for such exclusion set forth in TIA ssTIAss. 310(b)(1) are met.

Appears in 1 contract

Samples: Indenture (Premier Auto Trust 1998-1)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA ss. § 310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition, and the time deposits of the Indenture Trustee shall be rated at least A-1 “A-1” by Standard & Poor's ’s and P-1 “Prime-1” by Moody's’s. The Indenture Trustee shall comply with TIA ss. § 310(b), including the optional provision permitted by the second sentence of TIA ss. § 310(b)(9); provided, however, that there shall be excluded from the operation of TIA ss. § 310(b)(1) any indenture or indentures under which other securities of the Issuer are outstanding if the requirements for such exclusion set forth in TIA ss. § 310(b)(1) are met.

Appears in 1 contract

Samples: Vehicle Owner (BMW Fs Securities LLC)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA ss. 310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition, condition and the time deposits of the Indenture Trustee its long-term unsecured debt shall be rated at least A-1 Baa3 by Moody's and BBB- by Standard & Poor's and P-1 by Moody's. The Indenture Trustee shall comply with TIA ss. 310(b), including the optional provision permitted by the second sentence of TIA ss. 310(b)(9); provided, however, that there shall be excluded from the operation of TIA ss. 310(b)(1) any indenture or indentures under which other securities of the Issuer issuer are outstanding if the requirements for such exclusion set forth in TIA ss. 310(b)(1) are met.

Appears in 1 contract

Samples: Metlife Capital Equipment Loan Trusts

Eligibility; Disqualification. (a) The Indenture Trustee shall at all times satisfy the requirements of TIA ss. 310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition, and the time deposits of the Indenture Trustee shall be rated at least A-1 "A-1" by Standard & Poor's and P-1 "F1" by Moody'sFitch. The Indenture Trustee shall comply with TIA ss. 310(b), including the optional provision permitted by the second sentence of TIA ss. 310(b)(9); provided, however, that there shall be excluded from the operation of TIA ss. 310(b)(1) any indenture or indentures under which other securities of the Issuer are outstanding if the requirements for such exclusion set forth in TIA ss. 310(b)(1) are met.

Appears in 1 contract

Samples: DaimlerChrysler Auto Trust 2006-A

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA ss. 310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition, condition and the time deposits it shall have a long term debt rating of the Indenture Trustee shall be rated at least A-1 BBB- by Standard & Poor's Poors and P-1 Baa3 by Moody's's or better by the Rating Agencies. The Indenture Trustee shall comply with TIA ss. 310(b310 (b), including the optional provision permitted by the second sentence of TIA ss. 310(b)(9); providedPROVIDED, howeverHOWEVER, that there shall be excluded from the operation of TIA ss. 310(b)(1) any indenture or indentures under which other otheR securities of the Issuer are outstanding if the requirements for such exclusion set forth in TIA ss. 310(b)(1) are met.

Appears in 1 contract

Samples: Barnett Auto Receivables Corp

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA ss. 310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition, condition and the time deposits it shall have a long term debt rating of the Indenture Trustee shall be rated at least A-1 BBB- by Standard & Poor's Poors and P-1 Baa3 by Moody's's or better by the Rating Agencies. The Indenture Trustee shall comply with TIA ss. 310(b310 (b), including the optional provision permitted by the second sentence of TIA ss. 310(b)(9); provided, however, that there shall be excluded from the operation of TIA ss. 310(b)(1) any indenture or indentures under which other securities of the Issuer are outstanding if the requirements for such exclusion set forth in TIA ss. 310(b)(1) are met.

Appears in 1 contract

Samples: Oxford Resources Corp

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA ss. 310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 [ ] as set forth in its most recent published annual report of condition, condition and the time deposits it shall have a long term debt rating of the Indenture Trustee shall be rated at least A-1 by Standard & Poor's and P-1 "Baa3" or better by Moody's. The Indenture Trustee shall comply with TIA ss. 310(b), including the optional provision permitted by the second sentence of TIA ss. 310(b)(9); providedPROVIDED, howeverHOWEVER, that there shall be excluded from the operation of TIA ss. 310(b)(1) any indenture or indentures under which other securities of the Issuer are outstanding if the requirements for such exclusion set forth in TIA ss. 310(b)(1) are met.

Appears in 1 contract

Samples: Asset Backed Securities Corp

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA ss. 'SS' 310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 [50,000,000] as set forth in its most recent published annual report of condition, and the time deposits of the Indenture Trustee shall be rated at least A-1 by Standard & Poor's and P-1 by Moody's. The Indenture Trustee shall comply with TIA ss. 'SS' 310(b), including the optional provision permitted by the second sentence of TIA ss. 'SS' 310(b)(9); provided, however, that there shall be excluded from the operation of TIA ss. 'SS' 310(b)(1) any indenture or indentures under which other securities of the Issuer are outstanding if the requirements for such exclusion set forth in TIA ss. 'SS' 310(b)(1) are met.

Appears in 1 contract

Samples: Indenture (Hyundai Abs Funding Corp)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA ss. Section 310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition, condition and the time deposits of the Indenture Trustee its long-term unsecured debt shall be rated at least A-1 Baa3 by Moody's, BBB- by Standard & Poor's and P-1 BBB- by Moody'sFitch. The Indenture Trustee shall comply with TIA ss. Section 310(b), including the optional provision permitted by the second sentence of TIA ss. Section 310(b)(9); provided, however, that there shall be excluded from the operation of TIA ss. Section 310(b)(1) any indenture or indentures under which other securities of the Issuer are outstanding if the requirements for such exclusion set forth in TIA ss. Section 310(b)(1) are met.

Appears in 1 contract

Samples: Master Indenture (Household Consumer Loan Corp Ii)

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

Appears in 1 contract

Samples: Nomura Home Equity Loan, Inc.

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA ss. 310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition, condition and the time deposits it or its parent shall have a long-term debt rating of the Indenture Trustee shall be rated at least A-1 by Standard & Poor's and P-1 A or better by Moody's. The Indenture Trustee shall comply with TIA ss. 310(b310(x), including xxcluding the optional provision permitted by the second sentence of TIA ss. 310(b)(9); provided, however, that there shall be excluded from the operation of TIA ss. 310(b)(1) any indenture or indentures under which other securities of the Issuer are outstanding if the requirements for such exclusion set forth in TIA ss. 310(b)(1) are met.

Appears in 1 contract

Samples: Residential Asset Mortgage Products Inc

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA ss. 310(a)) and Section 26(a) of the Investment Company Act. The Indenture Trustee shall have a combined capital and surplus, and an aggregate capital, surplus and undivided profits, of at least $50,000,000 ___as set forth in its most recent published annual report of condition, condition and the time deposits (unless waived by ___) it shall have a long term unsecured debt rating of the Indenture Trustee shall be rated at least A-1 ___or better by Standard & Poor's and P-1 by Moody's___. The Indenture Trustee shall comply with TIA ss. 310(b), including the optional provision permitted by the second sentence of TIA ss. 310(b)(9); provided, however, that there shall be excluded from the operation of TIA ss. 310(b)(1) any indenture or indentures under which other securities of the Issuer are outstanding if the requirements for such exclusion set forth in TIA ss. 310(b)(1) are met.

Appears in 1 contract

Samples: Underwriting Agreement (Goldman Sachs Asset Backed Securities Corp)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA ss. 310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition, condition and the time deposits it or its parent shall have a long-term debt rating of the Indenture Trustee shall be rated at least A-1 "Baa3" or better by Standard & PoorMoody's and P-1 "BBB" or better by Moody's. The Indenture S&P. Xxx Xndenture Trustee shall comply with TIA ss. 310(b), including the optional provision permitted by the second sentence of TIA ss. 310(b)(9); provided, however, that there shall be excluded from the operation of TIA ss. 310(b)(1) any indenture or indentures under which other securities of the Issuer are outstanding if the requirements for such exclusion set forth in TIA ss. 310(b)(1) are met.

Appears in 1 contract

Samples: Indenture (New Century Home Equity Loan Trust 2004-1)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA ss. 310(a). The Indenture Trustee and the Securities Administrator shall each have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition, condition and the time deposits it or its parent shall have a long-term debt rating of the Indenture Trustee shall be rated at least A-1 BBB or better by Standard & Poor's and P-1 by Moody's. The Indenture Trustee shall comply with TIA ss. 310(b), including the optional provision permitted by the second sentence of TIA ss. 310(b)(9); providedPROVIDED, howeverHOWEVER, that there shall be excluded from the operation of TIA ss. 310(b)(1) any indenture or indentures under which other securities of the Issuer are outstanding if the requirements for such exclusion set forth in TIA ss. 310(b)(1) are met.

Appears in 1 contract

Samples: Indenture (Structured Asset Mort Inv Inc Mort Back NTS Ser 2003-1)

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

Appears in 1 contract

Samples: Servicing Agreement (Imh Assets Corp)

Eligibility; Disqualification. (a) The Indenture Trustee shall at all times satisfy the requirements of TIA ss. Section 310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition, and the time deposits of the Indenture Trustee shall be rated at least A-1 "A-1" by Standard & Poor's and P-1 "F1" by Moody'sFitch. The Indenture Trustee shall comply with TIA ss. Section 310(b), including the optional provision permitted by the second sentence of TIA ss. Section 310(b)(9); provided, however, that there shall be excluded from the operation of TIA ss. Section 310(b)(1) any indenture or indentures under which other securities of the Issuer are outstanding if the requirements for such exclusion set forth in TIA ss. Section 310(b)(1) are met.

Appears in 1 contract

Samples: DaimlerChrysler Auto Trust 2006-D

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