Common use of Eligibility Requirements for Indenture Trustee Clause in Contracts

Eligibility Requirements for Indenture Trustee. The Indenture Trustee, hereunder shall at all times (a) be a corporation, depository institution, national banking association or trust company organized and doing business under the laws of the United States of America or any state thereof authorized under such laws to exercise corporate trust powers, having a combined capital and surplus of at least $100,000,000, (b) be subject to supervision or examination by federal or state authority, (c) be capable of maintaining an Eligible Bank Account, (d) have a long-term unsecured debt rating of not less than “Baa2” from Xxxxx’x and “BBB” from S&P, and (e) shall be acceptable to Noteholders representing at least 66-2/3% of the Adjusted Note Balance of each Class of Notes. If such Person publishes reports of condition at least annually, pursuant to or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section 7.7, 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. In case at any time the Indenture Trustee shall cease to be eligible in accordance with the provisions of this Section 7.7, the Indenture Trustee shall resign in the manner and with the effect specified in Section 7.8 hereof.

Appears in 5 contracts

Samples: Indenture (Bluegreen Vacations Holding Corp), Indenture (Bluegreen Vacations Corp), Indenture (BBX Capital Corp)

AutoNDA by SimpleDocs

Eligibility Requirements for Indenture Trustee. The Indenture Trustee, Trustee hereunder shall at all times (a) be a corporation, depository institution, national banking association or trust company organized and doing business under the laws of the United States of America or any state thereof authorized under such laws to exercise corporate trust powers, having a combined capital and surplus of at least $100,000,00050,000,000, (b) be subject to supervision or examination by federal or state authority, (c) be capable of maintaining an Eligible Bank Account, (d) have a long-term unsecured debt rating of not less than “Baa2” from Xxxxx’x and “BBB” from S&P, S&P and (e) shall be acceptable to Noteholders representing at least 66-2/351% of the Adjusted then Outstanding Note Balance of each Class of Notes. If such Person institution publishes reports of condition at least annually, pursuant to or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section 7.77.07, the combined capital and surplus of such Person institution shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. In case at any time the Indenture Trustee shall cease to be eligible in accordance with the provisions of this Section 7.77.07, the Indenture Trustee shall resign immediately in the manner and with the effect specified in Section 7.8 7.08 hereof.

Appears in 5 contracts

Samples: Indenture (Diamond Resorts International, Inc.), Indenture (Diamond Resorts International, Inc.), Diamond Resorts International, Inc.

Eligibility Requirements for Indenture Trustee. The Indenture Trustee, Trustee shall at all times satisfy the requirements of TIA Section 310(a). The Indenture Trustee hereunder shall at all times be (ai) be a corporation, depository institution, national banking association or trust company bank organized and doing business under the laws of any state or the United States of America or any state thereof America, (ii) authorized under such laws to exercise corporate trust powers, including taking title to the Trust Estate assets on behalf of the Noteholders, (iii) having a combined capital and surplus of at least $100,000,00050,000,000, (biv) whose long-term deposits shall be rated at least "BBB" by S&P and Baa2 by Xxxxx'x (except as provided herein) or such lower long-term deposit rating by S&P as may be approved in writing by the Note Insurer and S&P or the Note Insurer and Xxxxx'x, as the case may be (v) is subject to supervision or examination by federal or state authority, (c) be capable of maintaining an Eligible Bank Account, (d) have a long-term unsecured debt rating of not less than “Baa2” from Xxxxx’x and “BBB” from S&P, authority and (evi) shall be is reasonably acceptable to Noteholders representing at least 66-2/3% of the Adjusted Note Balance of each Class of NotesInsurer as evidenced in writing. If such Person bank publishes reports of condition at least annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose purposes of this Section 7.76.06, the combined capital and surplus of such Person bank shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. In case at any time the Indenture Trustee shall cease to be eligible in accordance with the provisions of this Section 7.76.06, the Indenture Trustee shall resign immediately in the manner and with the effect specified in Section 7.8 6.07 hereof.

Appears in 3 contracts

Samples: Indenture (Superior Bank FSB Afc Mort Ln Asset Backed Notes Ser 2000 2), Default And (Afc Mortgage Loan Asset Backed Notes Series 2000-1), Indenture (Superior Bank FSB Afc Mortgage Ln Asset Bk Notes Ser 1999-3)

Eligibility Requirements for Indenture Trustee. The Indenture Trustee, Trustee hereunder shall at all times (a) be a corporation, national banking association, depository institution, national banking association or trust company organized and doing business under the laws of the United States of America or any state thereof authorized under such laws to exercise corporate trust powers, having a combined capital and surplus of at least $100,000,00050,000,000, (b) be subject to supervision or examination by federal or state authority, (c) be capable of maintaining an Eligible Bank Account, (d) have a long-term unsecured debt rating of not less than “Baa2” from Xxxxx’x and “BBBA” from S&P, and (e) shall be acceptable to Noteholders representing at least 66-2/3% of the Adjusted Note Balance of each Class of NotesNoteholder Majority. If such Person institution publishes reports of condition at least annually, pursuant to or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section 7.76.07, the combined capital and surplus of such Person institution shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. In case at any time the Indenture Trustee shall cease to be eligible in accordance with the provisions of this Section 7.76.07, the Indenture Trustee shall resign immediately in the manner and with the effect specified in Section 7.8 6.08 hereof.

Appears in 1 contract

Samples: Encore Capital Group Inc

Eligibility Requirements for Indenture Trustee. The Indenture Trustee, Trustee hereunder shall at all times (a) be a corporation, depository institution, national banking association or trust company organized and doing business under the laws of the United States of America or any state thereof authorized under such laws to exercise corporate trust powers, having a combined capital and surplus of at least $100,000,00050,000,000, (b) be subject to supervision or examination by federal or state authority, (c) be capable of maintaining an Eligible Bank Account, (d) have a long-term unsecured debt rating of not less than “Baa2” from Xxxxx’x and “BBB” from S&P, S&P and (e) shall be acceptable to Noteholders representing at least 66-2/351% of the Adjusted then Outstanding Note Balance of each Class of NotesBalance. If such Person institution publishes reports of condition at least annually, pursuant to or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section 7.77.07, the combined capital and surplus of such Person institution shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. In case at any time the Indenture Trustee shall cease to be eligible in accordance with the provisions of this Section 7.77.07, the Indenture Trustee shall resign immediately in the manner and with the effect specified in Section 7.8 7.08 hereof.

Appears in 1 contract

Samples: Indenture (Diamond Resorts Corp)

AutoNDA by SimpleDocs

Eligibility Requirements for Indenture Trustee. The Indenture Trustee, Trustee hereunder shall at all times (a) be a corporation, national banking association, depository institution, national banking association or trust company organized and doing business under the laws of the United States of America or any state thereof authorized under such laws to exercise corporate trust powers, having a combined capital and surplus of at least $100,000,00050,000,000, (b) be subject to supervision or examination by federal or state authority, (c) be capable of maintaining an Eligible Bank Account, (d) have a long-term unsecured debt rating of not less than “BBB” from S&P or “Baa2” from Xxxxx’x and “BBB” from S&PXxxxx’x, and (e) shall be acceptable to Noteholders representing at least 66-2/3% of the Adjusted Note Balance of each Class of NotesMajority Facility Investors. If such Person institution publishes reports of condition at least annually, pursuant to or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section 7.77.07, the combined capital and surplus of such Person institution shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. In case at any time the Indenture Trustee shall cease to be eligible in accordance with the provisions of this Section 7.77.07, the Indenture Trustee shall resign immediately in the manner and with the effect specified in Section 7.8 7.08 hereof.

Appears in 1 contract

Samples: Indenture and Servicing Agreement (Marriott Vacations Worldwide Corp)

Eligibility Requirements for Indenture Trustee. The Indenture Trustee, Trustee hereunder shall at all times (a) be a corporation, depository institution, national banking association or trust company organized and doing business under the laws of the United States of America or any state thereof authorized under such laws to exercise corporate trust powers, having a combined capital and surplus of at least $100,000,00050,000,000, (b) be subject to supervision or examination by federal or state authority, (c) be capable of maintaining an Eligible Bank Account, (d) have a long-term unsecured debt rating of not less than “Baa2” from Xxxxx’x and “BBB” from S&P, S&P and (e) shall be acceptable to Noteholders representing at least 66-2/3% of the Adjusted Note Balance of each Class of NotesMajority Noteholders. If such Person institution publishes reports of condition at least annually, pursuant to or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section 7.77.07, the combined capital and surplus of such Person institution shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. In case at any time the Indenture Trustee shall cease to be eligible in accordance with the provisions of this Section 7.77.07, the Indenture Trustee shall resign immediately in the manner and with the effect specified in Section 7.8 7.08 hereof.

Appears in 1 contract

Samples: Indenture (Diamond Resorts International, Inc.)

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