Eligibility of Indenture Trustee. (a) The Indenture Trustee shall at all times be a bank with corporate trust powers or trust company which (1) is organized and doing business under the laws of the United States, any state or territory thereof; (2) has a combined capital and surplus (as set forth in its most recent published report of condition) of at least $25,000,000; and (3) shall not have become incapable of acting or have been adjudged a bankrupt or an insolvent nor have had a receiver appointed for itself or for any of its property, nor have had a public officer take charge or control of it or its property or affairs for the purpose of rehabilitation, conservation or liquidation.
Eligibility of Indenture Trustee. (a) The Indenture Trustee shall at all times be a bank or trust company which (1) is organized as a corporation and doing business under the laws of the United States or any state thereof, (2) is authorized under such laws to exercise corporate trust powers, (3) is subject to supervision or examination by federal or state authority, (4) has a combined capital and surplus (as set forth in its most recent published report of condition) of at least $3,000,000, and (5) shall not have become incapable of acting or have been adjudged a bankrupt or an insolvent nor have had a receiver appointed for itself or for any of its property, nor have had a public officer take charge or control of it or its property or affairs for the purpose of rehabilitation, conservation or liquidation.
Eligibility of Indenture Trustee. The Indenture Trustee shall at all times be a bank or trust company in good standing, organized under the laws of the United States of America or of any State, having a capital, surplus and undivided profits aggregating at least $250,000,000 and the long-term certificates of deposit of which shall have a credit rating of A (without regard to any gradations within such rating) by Standard & Poor's Corporation and/or Moodx'x Xxxestors Services, Inc.; provided, that such minimum capital, surplus and undivided profits and rating requirement need not be met if the obligations of any Indenture Trustee shall be fully and unconditionally guaranteed pursuant to a guaranty agreement (in form and substance satisfactory to the holders of not less than 64% of the principal amount of the Notes then outstanding) by any Person that meets such minimum capital, surplus and undivided profits and rating requirement and that owns, directly or indirectly, 100% of the capital stock of such Indenture Trustee.
Eligibility of Indenture Trustee. (a) The Indenture Trustee shall at all times be a bank with corporate trust powers or trust company physically located in the United States of America which (1) is organized and doing business under the laws of the United States, any state or territory thereof, (2) has a combined capital and surplus (as set forth in its most recent published report of condition) of at least $25,000,000, and (3) shall not have become incapable of acting or have been adjudged a bankrupt or an insolvent nor have had a receiver appointed for itself or for any of its property, nor have had a public officer take charge or control of it or its property or affairs for the purpose of rehabilitation, conservation or liquidation.
Eligibility of Indenture Trustee. The Indenture Trustee shall be a state or national bank or trust company in good standing, organized under the laws of the United States or of any state thereof and having a capital, surplus and undivided profits aggregating at least $100,000,000 and senior unsecured debt rated not less than "BBB-" by S&P and not less than "Baa3" by Xxxxx'x. In case the Indenture Trustee shall cease to be eligible in accordance with the provisions of this Section, the Indenture Trustee shall resign immediately in the manner and with the effect specified in Section 8.6.
Eligibility of Indenture Trustee. 40 SECTION 6.10 Resignation or Removal of Indenture Trustee.............................................40 SECTION 6.11 Acceptance by Successor Indenture Trustee; Supplemental Indenture.......................42 SECTION 6.12 Succession by Merger, etc...............................................................42 SECTION 6.13 Limitation on Rights of Indenture Trustee as a Creditor.................................43 SECTION 6.14
Eligibility of Indenture Trustee. The Indenture Trustee hereunder shall at all times be a U.S. Person that is a banking corporation or national association organized and doing business under the laws of the United States of America or any state or territory thereof or of the District of Columbia, or other Person permitted to act as trustee by the Commission authorized under such laws to exercise corporate trust powers, having a combined capital and surplus of at least fifty million U.S. dollars ($50,000,000) and subject to supervision or examination by federal, state, territorial, or District of Columbia authority. If such Person publishes reports of condition at least annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purposes of this Section 6.09 the combined capital and surplus of such Person shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. The Company may not, nor may any Person directly or indirectly controlling, controlled by, or under common control with the Company, serve as Indenture Trustee. In case at any time the Indenture Trustee shall cease to be eligible in accordance with the provisions of this Section 6.09, the Indenture Trustee shall resign immediately in the manner and with the effect specified in Section 6.10.
