Common use of Eligibility Requirements for Owner Trustee Clause in Contracts

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times (i) be a corporation or banking association satisfying the provisions of Section 3807(a) of the Statutory Trust Statute, (ii) be authorized to exercise corporate trust powers, (iii) have a combined capital and surplus of at least $50,000,000 and be subject to supervision or examination by federal or State authorities and (iv) have (or have a parent that has) a long-term debt rating of investment grade by each of the Rating Agencies or otherwise be acceptable to each of the Rating Agencies. If such corporation or banking association shall publish reports of condition at least annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section 10.1 the combined capital and surplus of such corporation or banking association shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 10.1, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.2.

Appears in 115 contracts

Sources: Trust Agreement (CarMax Auto Owner Trust 2026-3), Trust Agreement (CarMax Select Receivables Trust 2026-B), Trust Agreement (CarMax Select Receivables Trust 2026-B)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times (i) be a corporation or banking association satisfying the provisions of Section 3807(a) of the Statutory Trust Statute, (ii) be ; authorized to exercise corporate trust powers, ; and (iiia) have having a combined capital and surplus of at least $50,000,000 and be subject to supervision or examination by federal or State authorities state authorities; and (iv) have having (or have having a parent that has) a long-term debt rating of investment grade at least Baa3 by each of ▇▇▇▇▇’▇; or (b) which the Rating Agencies or have otherwise be indicated in writing is an entity acceptable to each of the Rating Agenciesact as Owner Trustee hereunder. If such corporation or banking association shall publish reports of condition at least annually, annually pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section 10.1 Section, the combined capital and surplus of such corporation or banking association shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 10.1Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.210.02.

Appears in 15 contracts

Sources: Trust Agreement (Harley Davidson Customer Funding Corp), Trust Agreement (Harley-Davidson Motorcycle Trust 2009-3), Trust Agreement (Harley-Davidson Motorcycle Trust 2006-3)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times (i) be a corporation or banking association satisfying the provisions of Section 3807(a) of the Statutory Trust Statute, ; (ii) at all times be able and authorized to exercise corporate trust powers, ; (iii) have (or have a parent which has) a long‑term debt rating of at least investment grade by each Rating Agency or be otherwise acceptable to each Rating Agency; (iv) have (or have a parent which has) combined capital and surplus of at least $50,000,000 50,000,000; and (v) be subject to supervision or examination by federal or State authorities and (iv) have (or have a parent that has) a long-term debt rating of investment grade by each of the Rating Agencies or otherwise be acceptable to each of the Rating Agenciesstate authorities. If such corporation or banking association the Owner Trustee shall publish reports of condition at least annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section 10.1 Section, the combined capital and surplus of such corporation or banking association the Owner Trustee shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 10.1Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.210.02.

Appears in 13 contracts

Sources: Trust Agreement (BMW Vehicle Lease Trust 2018-1), Trust Agreement (BMW Vehicle Lease Trust 2018-1), Trust Agreement (Financial Services Vehicle Trust)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times (i) be a corporation or banking association satisfying the provisions of Section 3807(a) of the Statutory Trust Statute, ; (ii) at all times be able and authorized to exercise corporate trust powers, ; (iii) have (or have a parent which has) a long-term debt rating of at least investment grade by each Rating Agency or be otherwise acceptable to each Rating Agency; (iv) have (or have a parent which has) combined capital and surplus of at least $50,000,000 50,000,000; and (v) be subject to supervision or examination by federal or State authorities and (iv) have (or have a parent that has) a long-term debt rating of investment grade by each of the Rating Agencies or otherwise be acceptable to each of the Rating Agenciesstate authorities. If such corporation or banking association the Owner Trustee shall publish reports of condition at least annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section 10.1 Section, the combined capital and surplus of such corporation or banking association the Owner Trustee shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 10.1Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.210.02.

Appears in 12 contracts

Sources: Trust Agreement (Financial Services Vehicle Trust), Trust Agreement (BMW Auto Leasing LLC), Trust Agreement (BMW Auto Leasing LLC)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times (i) be a corporation or national banking association or corporation organized under the laws of the United States or any State and satisfying the provisions of Section 3807(a) of the Statutory Trust Statute, (ii) be ; authorized to exercise corporate trust powers, (iii) have ; having a combined capital and surplus of at least $50,000,000 and be subject to supervision or examination by federal or State authorities authorities; and (iv) have having (or have having a parent that has) a long-term debt rating of investment grade time deposits that are rated at least “Prime-1” by each of the Rating Agencies or otherwise be acceptable to each of the Rating Agencies. ▇▇▇▇▇’▇ and “A-1” by S & P. If such corporation or national banking association or corporation shall publish reports of condition at least annually, annually pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section 10.1 Section, the combined capital and surplus of such corporation or banking association shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 10.1Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.2.

Appears in 10 contracts

Sources: Trust Agreement (GMF Leasing LLC), Trust Agreement (GMF Leasing LLC), Trust Agreement (ACAR Leasing Ltd.)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times times: (ia) be a corporation or corporation, a national banking association or a bank satisfying the provisions of Section 3807(a) of the Statutory Trust Statute, ; (iib) be authorized to exercise corporate trust powers, ; (iiic) have a combined capital and surplus of at least $50,000,000 and be subject to supervision or examination by federal or State authorities state authorities; and (ivd) have (or have a parent that has) a long-term unsecured debt rating of investment grade at least Baa3 by each of the Rating Agencies ▇▇▇▇▇’▇ or be otherwise be acceptable satisfactory to each of the Rating Agencies▇▇▇▇▇’▇. If such corporation Person or banking association bank shall publish reports of condition at least annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section 10.1 6.13, the combined capital and surplus of such corporation Person or banking association bank shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 10.16.13, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.26.10.

Appears in 8 contracts

Sources: Trust Agreement (Navistar Financial 2004-B Owner Trust), Trust Agreement (Navistar Financial Corp), Trust Agreement (Navistar Financial Corp)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times times: (ia) be a corporation or banking association satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute, ; (iib) be authorized to exercise corporate trust powers, ; (iiic) have a combined capital and surplus of at least $50,000,000 and be subject to supervision or examination by federal or State authorities state authorities; and (ivd) have (or have a parent that has) a long-term unsecured debt rating of investment grade at least Baa3 by each of the Rating Agencies ▇▇▇▇▇'▇ Investors Service, Inc. or be otherwise be acceptable satisfactory to each of the Rating Agencies. ▇▇▇▇▇'▇ Investors Service, Inc. If such corporation or banking association shall publish reports of condition at least annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section 10.1 6.13, the combined capital and surplus of such corporation or banking association shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 10.16.13, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.26.10.

Appears in 7 contracts

Sources: Trust Agreement (Navistar Financial Retail Receivables Corporation), Trust Agreement (Navistar Financial Retail Receivables Corporation), Trust Agreement (Navistar Financial Retail Receivables Corporation)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times (i) be a corporation or banking association satisfying the provisions of Section 3807(a) of the Statutory Trust Statute, (ii) be ; a corporation or association organized and doing business under the laws of a state of the United States; authorized to exercise corporate trust powers, (iii) have ; having a combined capital and surplus of at least $50,000,000 and be subject to supervision or examination by federal or State authorities state authorities; and (iv) have having (or have having a parent that has) a long-term debt rating of investment grade at least Baa3 by each of the Rating Agencies Moody's and/or at least BBB- by Standard and Poor’s or is otherwise be acceptable to each of the Rating Agencies. If such corporation or banking association shall publish reports of condition at least annually, annually pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section 10.1 Section, the combined capital and surplus of such corporation or banking association shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 10.19.01, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.29.02.

Appears in 7 contracts

Sources: Trust Agreement (American Home Mortgage Investment Trust 2005-4), Trust Agreement (American Home Mortgage Investment Trust 2006-3), Trust Agreement (American Home Mortgage Investment Trust 2007-1)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times (i) be a corporation or banking association satisfying the provisions of Section 3807(a) of the Statutory Trust Statute, (ii) be ; authorized to exercise corporate trust powers, (iii) have ; having a combined capital and surplus of at least $50,000,000 and be subject to supervision or examination by federal Federal or State authorities state authorities; and (iv) have having (or have having a parent that has) a long-term debt rating of investment grade at least “Baa3” by each of the Rating Agencies ▇▇▇▇▇’▇ and “A-1” by S&P (or otherwise be acceptable to each of the Rating Agencies) and being acceptable to the Note Insurer. If such corporation or banking association entity shall publish reports of condition at least annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section 10.1 11.01, the combined capital and surplus of such corporation or banking association entity shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 10.111.01, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.211.02.

Appears in 6 contracts

Sources: Trust Agreement (Accredited Home Lenders Inc Mortgage Loan Trust 2004-1), Trust Agreement (Accredited Mortgage Loan Trust 2003-2), Trust Agreement (Accredited Mortgage Loan REIT Trust)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times (i) be a corporation or banking association satisfying the provisions of Section 3807(a) of the Statutory Delaware Trust Statute, (ii) be ; authorized to exercise corporate trust powers, (iii) have ; having a combined capital and surplus of at least $50,000,000 [ ] and be subject to supervision or examination by federal or State authorities and (iv) have state authorities; having (or have having a parent that has) a long-term debt rating of investment grade time deposits that are rated at least [ ] (or the equivalent) by each of the Rating Agencies Agency or are otherwise be acceptable to each of Rating Agency and, for so long as the Rating AgenciesTrust Estate includes FHA Mortgage Loans, being an FHA Approved Mortgagee. If such corporation or banking association shall publish reports of condition at least annually, annually pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section 10.1 Section, the combined capital and surplus of such corporation or banking association shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 10.1Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.210.02.

Appears in 4 contracts

Sources: Trust Agreement (BLG Securities Company, LLC), Trust Agreement (Bayview Financial Securities Co LLC), Trust Agreement (HMB Acceptance Corp.)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times (i) be a corporation or banking association satisfying the provisions of Section 3807(a) of the Statutory Trust Statute, (ii) be ; authorized to exercise corporate trust powers, ; and (iiia) have having a combined capital and surplus of at least $50,000,000 and be subject to supervision or examination by federal or State authorities state authorities; and (iv) have having (or have having a parent that has) a long-term debt rating of investment grade at least Baa3 by each of ▇▇▇▇▇'▇; or (b) which the Rating Agencies or have otherwise be indicated in writing is an entity acceptable to each of the Rating Agenciesact as Owner Trustee hereunder. If such corporation or banking association shall publish reports of condition at least annually, annually pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section 10.1 Section, the combined capital and surplus of such corporation or banking association shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 10.1Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.210.02.

Appears in 3 contracts

Sources: Trust Agreement (Harley Davidson Customer Funding Corp), Trust Agreement (Harley Davidson Customer Funding Corp), Trust Agreement (Harley Davidson Customer Funding Corp)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation (i) be a corporation or banking association satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute, ; (ii) be authorized to exercise corporate trust powers, ; (iii) have having a combined capital and surplus of at least $50,000,000 and be subject to supervision or examination by federal Federal or State authorities and authorities; (iv) have having (or have having a parent that which has) a long-term debt rating of investment grade at least Baa3 by each of the Rating Agencies Moody's or A-1 by Standard & Poors or being otherwise be acceptable to each of the Rating Agencies; and (v) acceptable to the Insurer in its sole discretion. If such corporation or banking association shall publish reports of condition at least annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section 10.1 Section, the combined capital and surplus of such corporation or banking association shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 10.1Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.2.

Appears in 3 contracts

Sources: Trust Agreement (Advanta Revolving Home Equity Loan Trust 1998-A), Trust Agreement (Advanta Mortgage Conduit Services Inc), Trust Agreement (Advanta Mortgage Conduit Services Inc)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times (i) be a corporation or national banking association (i) satisfying the provisions of Section 3807(a) of the Statutory Trust Statute, (ii) be authorized to exercise corporate trust powers, ; (iii) have having a combined capital and surplus of at least $50,000,000 and be subject to supervision or examination by federal Federal or State authorities and authorities; (iv) have having (or have having a parent that which has) a long-term debt rating of investment grade at least Baa3 by each of the Rating Agencies Moody’s or otherwise be A-1 by Standard & Poors; and (v) acceptable to each of the Rating AgenciesCertificateholders. If such corporation or banking association shall publish reports of condition at least annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section 10.1 Section, the combined capital and surplus of such corporation or banking association shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 10.1Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.2.

Appears in 3 contracts

Sources: Trust Agreement (Household Automotive Trust 2004-1), Trust Agreement (Household Auto Receivables Corp), Trust Agreement (Household Automotive Trust 2003-2)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times times: (ia) be a corporation or corporation, a national banking association or a bank satisfying the provisions of Section 3807(a) of the Statutory Trust Statute, ; (iib) be authorized to exercise corporate trust powers, ; (iiic) have a combined capital and surplus of at least $50,000,000 and be subject to supervision or examination by federal or State authorities state authorities; and (ivd) have (or have a parent that has) a long-term unsecured debt rating of investment grade at least Baa3 by each of the Rating Agencies ▇▇▇▇▇'▇ or be otherwise be acceptable satisfactory to each of the Rating Agencies▇▇▇▇▇'▇. If such corporation Person or banking association bank shall publish reports of condition at least annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section 10.1 6.13, the combined capital and surplus of such corporation Person or banking association bank shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 10.16.13, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.26.10.

Appears in 3 contracts

Sources: Trust Agreement (Navistar Financial Retail Receivables Corporation), Trust Agreement (Navistar Financial Retail Receivables Corporation), Trust Agreement (Navistar Financial Retail Receivables Corporation)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times (i) be a corporation or banking association satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute, (ii) be ; authorized to exercise corporate trust powers, (iii) have ; having a combined capital and surplus of at least $50,000,000 and be subject to supervision or examination by federal or State authorities state authorities; and (iv) have having (or have having a parent that which has) a long-term debt rating of investment grade at least "A" (or its equivalent) by each of the Rating Agencies or otherwise be Standard & Poor's Ratings Services, a division of The ▇▇▇▇▇▇-▇▇▇▇ Companies, Inc., and ▇▇▇▇▇'▇ Investors Service, Inc. and being acceptable to each of the Rating AgenciesInsurer. If such corporation or banking association shall publish reports of condition at least annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section 10.1 Section, the combined capital and surplus of such corporation or banking association shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 10.111.1, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.211.2.

Appears in 3 contracts

Sources: Trust Agreement (Chec Funding LLC), Trust Agreement (Renaissance Mortgage Acceptance Corp), Trust Agreement (Chec Funding LLC)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times (i) be a corporation or banking association satisfying the provisions of Section 3807(a) of the Statutory Trust Statute, ; (ii) at all times be able and authorized to exercise corporate trust powers, ; (iii) have (or have a parent which has) a long-term debt rating of at least investment grade by each Rating Agency or such other ratings for which the Rating Agency Condition is satisfied; (iv) have (or have a parent which has) combined capital and surplus of at least $50,000,000 50,000,000; and (v) be subject to supervision or examination by federal or State authorities and (iv) have (or have a parent that has) a long-term debt rating of investment grade by each of the Rating Agencies or otherwise be acceptable to each of the Rating Agenciesstate authorities. If such corporation or banking association the Owner Trustee shall publish reports of condition at least annually, annually pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section 10.1 Section, the combined capital and surplus of such corporation or banking association the Owner Trustee shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 10.1Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.210.02.

Appears in 3 contracts

Sources: Trust Agreement (BMW Fs Securities LLC), Trust Agreement (BMW Vehicle Owner Trust 2011-A), Trust Agreement (BMW Vehicle Owner Trust 2011-A)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be (i) be a corporation or banking association organized under the laws of the United States or any State and satisfying the provisions of Section 3807(a) of the Delaware Statutory Trust StatuteAct, (ii) be authorized to exercise corporate trust powers, ; having (iiior having a parent that has) have a combined capital and surplus of at least $50,000,000 and be subject to supervision or examination by federal or State authorities and (iviii) have having (or have having a parent that has) a long-term debt rating of time deposits that are rated investment grade by each of the Rating Agencies or [_____] or, are otherwise be acceptable to each of the Rating Agencies. If such corporation or banking association shall publish reports of condition at least annually, annually pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section 10.1 Section, the combined capital and surplus of such corporation or banking association shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 10.1, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.210.02.

Appears in 2 contracts

Sources: Trust Agreement (Daimler Trust), Trust Agreement (Daimler Trust)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times (i) be a corporation or national banking association (i) satisfying the provisions of Section 3807(a) of the Statutory Trust Statute, (ii) be authorized to exercise corporate trust powers, ; (iii) have having a combined capital and surplus of at least $50,000,000 and be subject to supervision or examination by federal or State authorities and state authorities; (iv) have having (or have having a parent that which has) a long-term debt rating of investment grade at least Baa3 by each of the Rating Agencies Moody’s or otherwise be A-1 by Standard & Poor’s; and (v) acceptable to each of the Rating AgenciesCertificateholders. If such corporation or banking association shall publish reports of condition at least annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section 10.1 Section, the combined capital and surplus of such corporation or banking association shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 10.1Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.2.

Appears in 2 contracts

Sources: Trust Agreement (HSBC Automotive Trust (USA) 2006-1), Trust Agreement (HSBC Automotive Trust (USA) 2006-3)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times (i) be a corporation or banking association satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute, (ii) be ; authorized to exercise corporate trust powers, (iii) have ; having a combined capital and surplus of at least $50,000,000 and be subject to supervision or examination by federal Federal or State authorities state authorities; and (iv) have having (or have having a parent that has) a long-term debt rating of investment grade at least "Baa3" by each of the Rating Agencies ▇▇▇▇▇'▇ and "A-1" by S&P (or otherwise be acceptable to each of the Rating Agencies) and being acceptable to the Note Insurer. If such corporation or banking association entity shall publish reports of condition at least annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section 10.1 11.01, the combined capital and surplus of such corporation or banking association entity shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 10.111.01, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.211.02.

Appears in 2 contracts

Sources: Trust Agreement (Accredited Home Lenders Inc), Trust Agreement (Accred Home LNDRS Inc Ac Mor Ln Tr 2002-1 as Bk Nt Se 2002-1)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times (i) be a corporation or banking association satisfying the provisions of Section 3807(a) of the Statutory Trust Statute, (ii) be authorized to exercise corporate trust powers, (iiiii) have a combined capital and surplus of at least $50,000,000 and be subject to supervision or examination by federal or State authorities and state authorities, (iviii) have (or have a parent that has) a long-term debt rating of investment grade by each of the Rating Agencies or otherwise be acceptable to each of the Rating AgenciesAgencies and (iv) be a corporation or banking association satisfying the provisions of Section 3807(a) of the Statutory Trust Statute. If such corporation or banking association shall publish reports of condition at least annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section 10.1 the combined capital and surplus of such corporation or banking association shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 10.1, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.2.

Appears in 2 contracts

Sources: Trust Agreement (Carmax Auto Funding LLC), Trust Agreement (Carmax Auto Funding LLC)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times (i) be a corporation or banking association other entity satisfying the provisions of Section 3807(a) of the Statutory Trust Statute, ; (ii) at all times be able and authorized to exercise corporate trust powers, ; (iii) have (or have a parent which has) a long‑term debt rating of at least investment grade by each Rating Agency or be otherwise acceptable to each Rating Agency; (iv) have (or have a parent which has) combined capital and surplus of at least $50,000,000 50,000,000; and (v) be subject to supervision or examination by federal or State authorities and (iv) have (or have a parent that has) a long-term debt rating of investment grade by each of the Rating Agencies or otherwise be acceptable to each of the Rating Agenciesstate authorities. If such corporation or banking association the Owner Trustee shall publish reports of condition at least annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section 10.1 Section, the combined capital and surplus of such corporation or banking association the Owner Trustee shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 10.1Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.210.02.

Appears in 2 contracts

Sources: Trust Agreement (BMW Vehicle Lease Trust 2019-1), Trust Agreement (BMW Vehicle Lease Trust 2019-1)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times (i) be a corporation or banking association satisfying the provisions of Section 3807(a) of the Statutory Trust Statute, ; (ii) at all times be able and authorized to exercise corporate trust powers, ; (iii) have a long-term debt rating of "A" or higher by ▇▇▇▇▇'▇, Standard and Poor's and Fitch (if rated by Fitch), or be otherwise acceptable to each Rating Agency; (iv) have combined capital and surplus of at least $50,000,000 50,000,000; and (v) be subject to supervision or examination by federal or State authorities and (iv) have (or have a parent that has) a long-term debt rating of investment grade by each of the Rating Agencies or otherwise be acceptable to each of the Rating Agenciesstate authorities. If such corporation or banking association the Owner Trustee shall publish reports of condition at least annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section 10.1 Section, the combined capital and surplus of such corporation or banking association the Owner Trustee shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 10.1Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.210.02.

Appears in 2 contracts

Sources: Trust Agreement (Nissan Auto Lease Trust 2003-A), Trust Agreement (Nissan Auto Leasing LLC Ii)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times (i) be a corporation or banking association satisfying the provisions of Section 3807(a) of the Statutory Trust Statute, ; (ii) at all times be able and authorized to exercise corporate trust powers, ; (iii) have a long-term debt rating of “[A]” or higher by Moody’s and Standard and Poor’s, or be otherwise acceptable to each Rating Agency; (iv) have combined capital and surplus of at least $50,000,000 [50,000,000]; and (v) be subject to supervision or examination by federal or State authorities and (iv) have (or have a parent that has) a long-term debt rating of investment grade by each of the Rating Agencies or otherwise be acceptable to each of the Rating Agenciesstate authorities. If such corporation or banking association the Owner Trustee shall publish reports of condition at least annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section 10.1 Section, the combined capital and surplus of such corporation or banking association the Owner Trustee shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 10.1Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.210.02.

Appears in 2 contracts

Sources: Trust Agreement (Nissan-Infiniti Lt), Trust Agreement (Nissan Auto Leasing LLC Ii)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times (i) be a corporation or national banking association (i) satisfying the provisions of Section 3807(a) of the Statutory Trust Statute, (ii) be authorized to exercise corporate trust powers, ; (iii) have having a combined capital and surplus of at least $50,000,000 and be subject to supervision or examination by federal or State authorities and state authorities; (iv) have having (or have having a parent that which has) a long-term debt rating of investment grade at least Baa3 by each of the Rating Agencies ▇▇▇▇▇’▇ or otherwise be A-1 by Standard & Poor’s; and (v) acceptable to each of the Rating AgenciesCertificateholders. If such corporation or banking association shall publish reports of condition at least annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section 10.1 Section, the combined capital and surplus of such corporation or banking association shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 10.1Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.2.

Appears in 2 contracts

Sources: Trust Agreement (HSBC Auto Receivables Corp), Trust Agreement (HSBC Automotive Trust (USA) 2007-1)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times (i) be [a corporation or banking association satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute, (ii) be ] [and] [reasonably acceptable to the Note Insurer]; authorized to exercise corporate trust powers, (iii) have ; having a combined capital and surplus of at least $50,000,000 and be subject to supervision or examination by federal or State authorities state authorities; and (iv) have having (or have having a parent that has) a long-term debt rating of investment grade time deposits that are rated at least "F-1" or "P-1" (or the equivalent) by each of the Rating Agencies Agency or are otherwise be acceptable to each of the Rating AgenciesAgency. If such corporation or banking association shall publish reports of condition at least annually, annually pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section 10.1 Section, the combined capital and surplus of such corporation or banking association shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 10.1Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.210.02.

Appears in 2 contracts

Sources: Trust Agreement (Finance America Securities LLC), Deposit Trust Agreement (Aegis Asset Backed Securities Corp)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times (i) be a corporation or national banking association satisfying the provisions of Section 3807(a) of the Statutory Delaware Trust Statute, (ii) be ; authorized to exercise corporate trust powers, (iii) have ; having or having a parent corporation that has a combined capital and surplus of at least $50,000,000 and be subject to supervision or examination by federal Federal or State authorities state authorities; and (iv) have having (or have having a parent that which has) a longshort-term debt rating of investment grade by at least "A-1" or the equivalent by, or which is otherwise acceptable to, each of the Rating Agencies or otherwise be acceptable to each of the Rating AgenciesAgency. If such corporation or national banking association shall publish reports of condition at least annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section 10.1 Section, the combined capital and surplus of such corporation or national banking association shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 10.1Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.29.02.

Appears in 1 contract

Sources: Trust Agreement (PHH Mortgage Trust, Series 2008-Cim2)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times (i) be a corporation or banking association satisfying the provisions of Section 3807(a) of the Statutory Trust Statute, (ii) be Person authorized to exercise corporate trust powers, (iii) have ; having a combined capital and surplus of at least $50,000,000 and be subject to supervision or examination by federal or State authorities state authorities; and (iv) have having (or have having a parent that which has) a long-term debt rating of investment grade at least Baa3 by each of the Rating Agencies Mood▇'▇, ▇▇ least BBB- by Standard & Poor's and, if rated by Fitch, at least BBB- by Fitch, or otherwise be acceptable satisfactory to each of Rating Agency (it being understood that Wilmington Trust Company is satisfactory to the Rating Agencies). If such corporation or banking association Person shall publish reports of condition at least annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section 10.1 9.01, the combined capital and surplus of such corporation or banking association shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 10.19.01, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.29.02.

Appears in 1 contract

Sources: Trust Agreement (Advanta Business Recievables Corp)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times (i) be a corporation or national banking association (i) satisfying the provisions of Section 3807(a) of the Statutory Trust Statute, (ii) be authorized to exercise corporate trust powers, ; (iii) have having a combined capital and surplus of at least $50,000,000 and be subject to supervision or examination by federal or State authorities and state authorities; (iv) have having (or have having a parent that which has) a long-term debt rating of investment grade at least Baa3 by each of the Rating Agencies Moody’s or otherwise be A-1 by Standard & Poors; and (v) acceptable to each of the Rating AgenciesCertificateholders. If such corporation or banking association shall publish reports of condition at least annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section 10.1 Section, the combined capital and surplus of such corporation or banking association shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 10.1Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.2.

Appears in 1 contract

Sources: Trust Agreement (HSBC Auto Receivables Corp)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times times: (ia) be a corporation or corporation, a national banking association satisfying the provisions of Section 3807(a) of the Statutory Trust Statute, or a bank; (iib) be authorized to exercise corporate trust powers, ; (iiic) have a combined capital and surplus of at least $50,000,000 and be subject to supervision or examination by federal or State authorities state authorities; and (ivd) have (or have a parent that has) a long-term unsecured debt rating of investment grade at least Baa3 by each of the Rating Agencies Moody's Investors Service, Inc. ▇▇ ▇▇ otherwise satisfactory to Moody's Investors Service, Inc. ▇▇ ▇▇ch Person or otherwise be acceptable to each of the Rating Agencies. If such corporation or banking association bank shall publish reports of condition at least annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section 10.1 6.13, the combined capital and surplus of such corporation Person or banking association bank shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 10.16.13, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.26.10.

Appears in 1 contract

Sources: Trust Agreement (Navistar Financial Retail Receivables Corporation)

Eligibility Requirements for Owner Trustee. The Owner ------------------------------------------ Trustee shall at all times times: (ia) be a corporation or banking association satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute, ; (iib) be authorized to exercise corporate trust powers, ; (iiic) have a combined capital and surplus of at least $50,000,000 and be subject to supervision or examination by federal or State authorities state authorities; and (ivd) have (or have a parent that has) a long-term unsecured debt rating of investment grade at least Baa3 by each of the Rating Agencies ▇▇▇▇▇'▇ Investors Service, Inc. or be otherwise be acceptable satisfactory to each of the Rating Agencies. ▇▇▇▇▇'▇ Investors Service, Inc. If such corporation or banking association shall publish reports of condition at least annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section 10.1 6.13, the combined capital and surplus of such corporation or banking association shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 10.16.13, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.26.10.

Appears in 1 contract

Sources: Trust Agreement (Navistar Financial Retail Receivables Corporation)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times (i) be a corporation or banking association satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute, (ii) be authorized to exercise corporate trust powers, (iii) have a combined capital and surplus of at least $50,000,000 and 50,000,000, (iv) be subject to supervision or examination by federal or State authorities and state authorities, (ivv) have (or have a parent that has) a long-term debt rating of investment grade obligations rated at least A by each of the Rating Agencies Moody's or Standard & Poor's, and (vi) be otherwise be acceptable to each of the Rating AgenciesNote Insurer. If such corporation or banking association shall publish reports of condition at least annually, annually pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section 10.1 Section, the combined capital and surplus of such corporation or banking association shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 10.1Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.29.02.

Appears in 1 contract

Sources: Deposit Trust Agreement (Bear Stearns Asset Backed Securities Inc)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times times: (ia) be a corporation or banking association satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute, ; (iib) be authorized to exercise corporate trust powers, ; (iiic) have a combined capital and surplus of at least $50,000,000 and be subject to supervision or examination by federal or State authorities state authorities; and (ivd) have (or have a parent that which has) a long-term debt rating of investment grade [BBB] by each of the Rating Agencies or otherwise Standard & Poor's and at least [BAA2] by ▇▇▇▇▇'▇ Investors Service, Inc. and be acceptable to each of the Rating AgenciesNote Insurer. If such corporation or banking association shall publish reports of condition at least annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section 10.1 6.13, the combined capital and surplus of such corporation or banking association shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 10.16.13, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.26.10.

Appears in 1 contract

Sources: Trust Agreement (Imc Securities Inc)

Eligibility Requirements for Owner Trustee. The Owner ------------------------------------------ Trustee shall at all times times: (ia) be a corporation or corporation, a national banking association or a bank satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute, ; (iib) be authorized to exercise corporate trust powers, ; (iiic) have a combined capital and surplus of at least $50,000,000 and be subject to supervision or examination by federal or State authorities state authorities; and (ivd) have (or have a parent that has) a long-term unsecured debt rating of investment grade at least Baa3 by each of the Rating Agencies ▇▇▇▇▇'▇ or be otherwise be acceptable satisfactory to each of the Rating Agencies▇▇▇▇▇'▇. If such corporation Person or banking association bank shall publish reports of condition at least annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section 10.1 6.13, the combined capital and surplus of such corporation Person or banking association bank shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 10.16.13, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.26.10.

Appears in 1 contract

Sources: Trust Agreement (Navistar Financial Retail Receivables Corporation)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times (i) be a corporation or national banking association (i) satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute, ; (ii) be authorized to exercise corporate trust powers, ; (iii) have having a combined capital and surplus of at least $50,000,000 and be subject to supervision or examination by federal Federal or State authorities and authorities; (iv) have having (or have having a parent that which has) a long-term debt rating of investment grade at least Baa3 by each of the Rating Agencies ▇▇▇▇▇'▇ or otherwise be A-1 by Standard & Poors; and (v) acceptable to each of the Rating AgenciesCertificateholders. If such corporation or banking association shall publish reports of condition at least annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section 10.1 Section, the combined capital and surplus of such corporation or banking association shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 10.1Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.2.

Appears in 1 contract

Sources: Trust Agreement (Household Auto Receivables Corp)

Eligibility Requirements for Owner Trustee. The Owner ------------------------------------------ Trustee shall at all times (i) be a corporation or banking association satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute, (ii) be authorized to exercise corporate trust powers, (iii) have a combined capital and surplus of at least $50,000,000 and be subject to supervision or examination by federal or State state authorities and (iv) have (or have a parent that has) a long-term debt rating of investment grade by each of the Rating Agencies or otherwise be acceptable to each of the Rating Agencies. If such corporation or banking association shall publish reports of condition at least annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section 10.1 the combined capital and surplus of such corporation or banking association shall be deemed to be its combined capital and 38 surplus as set forth in its most recent report of condition so published. If at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 10.1, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.2.

Appears in 1 contract

Sources: Trust Agreement (Pooled Auto Securities Shelf LLC)

Eligibility Requirements for Owner Trustee. The Owner ---------------------------------------------- Trustee shall at all times (i) be a corporation or banking association satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute, (ii) be ; authorized to exercise corporate trust powers, (iii) have ; having a combined capital and surplus of at least $50,000,000 and be subject to supervision or examination by federal or State authorities state authorities; and (iv) have having (or have having a parent that has) a long-term debt rating of investment grade by each of the Rating Agencies at least BBB from S&P and Baa2 from Moody's (or otherwise such lower rating as may be acceptable to each of the Rating AgenciesS&P, Moody's an▇ ▇▇▇ ▇ote Insurer). If such corporation or banking association shall publish reports of re▇▇▇▇▇ ▇f condition at least annually, annually pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section 10.1 Section, the combined capital and surplus of such corporation or banking association shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 10.1Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.210.02.

Appears in 1 contract

Sources: Trust Agreement (Thornburg Mortgage Asset Corp)

Eligibility Requirements for Owner Trustee. The Owner Trustee Trustee, or its parent, shall at all times (i) be a corporation or banking association satisfying the provisions of Section 3807(a) of the Statutory Trust Statute, (ii) be ; authorized to exercise corporate trust powers, (iii) have ; having a combined capital and surplus of at least $50,000,000 and be subject to supervision or examination by federal or State authorities state authorities; and (iv) have having (or have having a parent that has) a long-term debt rating of investment grade at least Baa3 by each of the Rating Agencies Moody's and/or at least BBB- by Standard and Poor's or is otherwise be acceptable to each of the Insurers and the Rating Agencies. If such corporation or banking association shall publish reports of condition at least annually, annually pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section 10.1 Section, the combined capital and surplus of such corporation or banking association shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 10.19.01, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.29.02.

Appears in 1 contract

Sources: Trust Agreement (American Home Mortgage Investment Trust 2005-2)

Eligibility Requirements for Owner Trustee. The Owner ------------------------------------------ Trustee shall at all times (i) be a corporation or banking association satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute, (ii) be authorized to exercise corporate trust powers, (iii) have a combined capital and surplus of at least $50,000,000 and be subject to supervision or examination by federal or State state authorities and (iv) have (or have a parent that has) a long-term debt rating of investment grade by each of the Rating Agencies or otherwise be acceptable to each of the Rating Agencies. If such corporation or banking association shall publish reports of condition at least annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section 10.1 the combined capital and surplus of such corporation or banking association shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 10.1, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.2.

Appears in 1 contract

Sources: Trust Agreement (Pooled Auto Securities Shelf LLC)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times (i) be a corporation or banking association satisfying the provisions of Section 3807(a) of the Statutory Trust Statute, (ii) be ; authorized to exercise corporate trust powers, (iii) have ; having a combined capital and surplus of at least $50,000,000 and be subject to supervision or examination by federal or State authorities state authorities; and (iv) have having (or have having a parent that which has) a long-term debt rating of investment grade at least "A" (or its equivalent) by each of the Rating Agencies or otherwise be Standard & Poor's Ratings Services, a division of The ▇▇▇▇▇▇-▇▇▇▇ Companies, Inc., and ▇▇▇▇▇'▇ Investors Service, Inc. and being acceptable to each of the Rating AgenciesInsurer. If such corporation or banking association shall publish reports of condition at least annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section 10.1 Section, the combined capital and surplus of such corporation or banking association shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 10.111.1, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.211.2.

Appears in 1 contract

Sources: Trust Agreement (Renaissance Mortgage Acceptance Corp)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times (i) be a corporation or banking association satisfying the provisions of Section 3807(a) of the Statutory Trust Statute, ; (ii) at all times be able and authorized to exercise corporate trust powers, ; (iii) have a long-term debt rating of "A" or higher by Moody's, Standard and Poor's and Fitch (if rated by Fitch), or be otherwise acceptable to each Rating Agency; (iv) have combined capital and surplus of at least $50,000,000 50,000,000; and (v) be subject to supervision or examination by federal or State authorities and (iv) have (or have a parent that has) a long-term debt rating of investment grade by each of the Rating Agencies or otherwise be acceptable to each of the Rating Agenciesstate authorities. If such corporation or banking association the Owner Trustee shall publish reports of condition at least annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section 10.1 Section, the combined capital and surplus of such corporation or banking association the Owner Trustee shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 10.1Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.210.02.

Appears in 1 contract

Sources: Trust Agreement (Nissan Auto Lease Trust 2004-A)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times (i) be a corporation or banking association satisfying the provisions of Section 3807(a) of the Statutory Trust Statute, (ii) be ; authorized to exercise corporate trust powers, (iii) have ; having a combined capital and surplus of at least $50,000,000 and be subject to supervision or examination by federal Federal or State authorities state authorities; and (iv) have having (or have having a parent that has) a long-term debt rating of investment grade at least "Baa3" by each of the Rating Agencies ▇▇▇▇▇'▇ and "A-1" by S&P (or otherwise be acceptable to each of the Rating Agencies) and being acceptable to the Note Insurer. If such corporation or banking association entity shall publish reports of condition at least annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section 10.1 11.01, the combined capital and surplus of such corporation or banking association entity shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 10.111.01, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.211.02.

Appears in 1 contract

Sources: Trust Agreement (Accredited Mort Loan Trust Asset Back Notes Series 2003-1)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times (i) be a corporation or national banking association satisfying the provisions of Section 3807(a) of the Statutory Delaware Trust Statute, (ii) be ; authorized to exercise corporate trust powers, (iii) have ; having or having a parent corporation that has a combined capital and surplus of at least $50,000,000 and be subject to supervision or examination by federal Federal or State authorities state authorities; and (iv) have having (or have having a parent that which has) a longshort-term debt rating of investment grade by at least “A-1” or the equivalent by, or which is otherwise acceptable to, each of the Rating Agencies or otherwise be acceptable to each of the Rating AgenciesAgency. If such corporation or national banking association shall publish reports of condition at least annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section 10.1 Section, the combined capital and surplus of such corporation or national banking association shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 10.1Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.29.02.

Appears in 1 contract

Sources: Trust Agreement (PHH Mortgage Trust, Series 2008-Cim1)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times times: (ia) be a corporation or corporation, a national banking association or a bank satisfying the provisions of Section 3807(a) of the Statutory Trust Statute, ; (iib) be authorized to exercise corporate trust powers, ; (iiic) have a combined capital and surplus of at least $50,000,000 and be subject to supervision or examination by federal or State authorities state authorities; and (ivd) have (or have a parent that has) a long-term unsecured debt rating of investment grade at least “Baa3” by each of the Rating Agencies ▇▇▇▇▇’▇ or be otherwise be acceptable satisfactory to each of the Rating Agencies▇▇▇▇▇’▇. If such corporation Person or banking association bank shall publish reports of condition at least annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section 10.1 6.13, the combined capital and surplus of such corporation Person or banking association bank shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 10.16.13, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.26.10.

Appears in 1 contract

Sources: Trust Agreement (Navistar Financial Corp)