Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; authorized to exercise corporate trust powers; having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal or state authorities; and having (or having a parent that has) time deposits that are rated at least "P-1" by Moody's and at least "A-1" by Standard & Poor's, or which is otherwise acceptable to each Rating Agency. If such corporation 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, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.02.
Appears in 7 contracts
Sources: Trust Agreement (Gs Auto Loan Trust 2004-1), Trust Agreement (Morgan Stanley Auto Loan Trust 2004-Hb2), Trust Agreement (GS Auto Loan Trust 2006-1)
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation (i) satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; (ii) authorized to exercise corporate trust powers; (iii) having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal Federal or state State authorities; and having (or having a parent that hasiv) time deposits that are rated at least "P-1" by Moody's and at least "A-1" by Standard & Poor's, or which is otherwise acceptable to each Rating Agencythe Security Insurer in its sole discretion, so long as an Insurer Default shall not have occurred and be continuing. If such 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, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.0210.2.
Appears in 7 contracts
Sources: Trust Agreement (TMS Auto Holdings Inc), Trust Agreement (TMS Auto Holdings Inc), Trust Agreement (TMS Auto Holdings Inc)
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; authorized to exercise corporate trust powers; and (a) having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal or state authorities; and having (or having a parent that has) time deposits that are rated a rating of at least "P-1" Baa3 by Moody's and at least "A-1" by Standard & Poor's, ’s; or (b) which the Rating Agencies have otherwise indicated in writing is otherwise an entity acceptable to each Rating Agencyact as Owner Trustee hereunder. If such corporation 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, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.02.
Appears in 6 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 satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; authorized to exercise corporate trust powers; having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal or state authorities; and having (or having a parent that has) time deposits that are rated long term debt obligations with a rating of at least "P-1" by Moody's and at least "A-1" A (or the equivalent) by Standard & Poor's and/or Moody's, or which is otherwise acceptable to each Rating Agency. If such corporation 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, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this SectionSection 9.01, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.029.02.
Appears in 6 contracts
Sources: Owner Trust Agreement (Nomura Home Equity Loan, Inc.), Owner Trust Agreement (GE-WMC Mortgage Securities, L.L.C.), Owner Trust Agreement (Nomura Asset Acceptance Corp)
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; authorized to exercise corporate trust powers; and (a) having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal or state authorities; and having (or having a parent that has) time deposits that are rated a rating of at least "P-1" Baa3 by Moody's and at least "A-1" by Standard & Poor's, ; or (b) which the Rating Agencies have otherwise indicated in writing is otherwise an entity acceptable to each Rating Agencyact as Owner Trustee hereunder. If such corporation 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, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.02.
Appears in 5 contracts
Sources: Trust Agreement (Harley Davidson Customer Funding Corp), Trust Agreement (Newcourt Receivables Corp Ii), Trust Agreement (Harley Davidson Customer Funding Corp)
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; authorized to exercise corporate trust powers; having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal or state authorities; and having (or having a parent that has) time deposits that are rated at least "P-1" by Moody's and at least "A-1" by Standard & Poor's and "Prime-1" by Moody's, or which is otherwise acceptable to each Rating Agency. If such corporation 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, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.02.
Appears in 4 contracts
Sources: Trust Agreement (BMW Fs Securities LLC), Trust Agreement (BMW Vehicle Owner Trust 2006-A), Trust Agreement (BMW Vehicle Owner Trust 2004-A)
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation (i) satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; (ii) authorized to exercise corporate trust powers; (iii) having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal Federal or state State authorities; and (iv) having (or having a parent that which has) time deposits that are rated a rating of at least "P-1" Baa3 by Moody's and at least "A-1" or A-1 by Standard & Poor's, 's or which is being otherwise acceptable to each the Rating AgencyAgencies; and (v) acceptable to the Insurer in its sole discretion. If such 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, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.0210.2.
Appears in 4 contracts
Sources: Trust Agreement (Advanta Revolving Home Equity Loan Trust 1999-A), Trust Agreement (Advanta Conduit Receivables Inc), Trust Agreement (Advanta Revolving Home Equity Loan Trust 1999-A)
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; authorized to exercise corporate trust powers; and (a) having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal or state authorities; and having (or having a parent that has) time deposits that are rated a rating of at least "P-1" Baa3 by Moody's and at least "A-1" by Standard & Poor's, ▇▇▇▇▇'▇; or (b) which the Rating Agencies have otherwise indicated in writing is otherwise an entity acceptable to each Rating Agencyact as Owner Trustee hereunder. If such corporation 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, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.02.
Appears in 4 contracts
Sources: Trust Agreement (Harley Davidson Customer Funding Corp), Trust Agreement (Harley Davidson Customer Funding Corp), Trust Agreement (Newcourt Receivables Corp Ii)
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation (i) satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; (ii) authorized to exercise corporate trust powers; (iii) having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal Federal or state State authorities; and (iv) having (or having a parent that which has) time deposits that are rated a rating of at least "P-1" Baa3 by Moody's and at least "A-1" or A-1 by Standard & Poor's, Poors or which is being otherwise acceptable to each the Rating AgencyAgencies; and (v) acceptable to the Note Insurer in its sole discretion. If such 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, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.0210.2.
Appears in 4 contracts
Sources: Trust Agreement (Advanta Mortgage Loan Trust 1998-4c), Trust Agreement (Advanta Mortgage Loan Trust 1998-4c), Trust Agreement (Advanta Mortgage Loan Trust 1998-4c)
Eligibility Requirements for Owner Trustee. The Owner ------------------------------------------ Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; authorized to exercise corporate trust powers; powers having a combined capital and surplus of at least $50,000,000 [50,000,000] and subject to supervision or examination by federal Federal or state authorities; and having (or having a parent that which has) time deposits that are rated a long-term rating of at least "P-1A" by S&P and Moody's [and at least "A-1" by Standard & Poor's, or which is otherwise being acceptable to each Rating Agencythe Securities Insurer]. If such 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, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.02.10.2. ------------
Appears in 3 contracts
Sources: Owner Trust Agreement (Fremont Mortgage Securities Corp), Owner Trust Agreement (Southpoint Residential Mortgage Securities Corp), Owner Trust Agreement (National Mortgage Securities Corp)
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation (i) satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; (ii) authorized to exercise corporate trust powers; (iii) having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal Federal or state State authorities; and (iv) having (or having a parent that which has) time deposits that are rated a rating of at least "P-1" A3 by Moody's and at least "A-1" or A-1 by Standard & Poor's, or which is otherwise ; and (v) acceptable to each Rating Agencythe Insurer in its sole discretion. If such 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, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.0211.2.
Appears in 3 contracts
Sources: Trust Agreement (Greenpoint Mortgage Securities Inc/), Trust Agreement (Greenpoint Mortgage Securities Inc/), Trust Agreement (Greenpoint Mortgage Securities Inc/)
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times (i) be a corporation satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; (ii) be authorized to exercise corporate trust powers; having (iii) have a combined capital and surplus of at least $50,000,000 and shall be subject to supervision or examination by federal or state authorities; and having (iv) shall have (or having shall have a parent that has) time deposits that are rated at least "P-1" a long-term debt rating of investment grade by Moody's and at least "A-1" by Standard & Poor's, each of the Rating Agencies or which is be otherwise acceptable to each the Rating AgencyAgencies. If such 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 SectionSection 10.1, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this SectionSection 10.1, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.0210.2.
Appears in 3 contracts
Sources: Trust Agreement (Ford Motor Credit Co), Trust Agreement (Ford Credit Auto Receivables Two L P), Trust Agreement (Ford Motor Credit Co)
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation or other institution: (i) satisfying the provisions of Section 3807(a) of the Statutory Trust StatuteAct; (ii) authorized to exercise corporate trust powers; (iii) having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal or state authorities; provided however, the net worth of the parent organization of such corporation shall be included in the determination of the combined capital and having surplus of such corporation; and (or having a parent that hasiv) time deposits that are rated at least "P-1" by Moody's and at least "A-1" by Standard & Poor'sprior to the Class A Termination Date, or which is otherwise acceptable to each Rating Agencythe Controlling Party in its sole discretion. If such corporation or other institution 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, the combined capital and surplus of such corporation or other 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.0210.2.
Appears in 3 contracts
Sources: Trust Agreement (Credit Acceptance Corporation), Trust Agreement (Credit Acceptance Corporation), Trust Agreement (Credit Acceptance Corporation)
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation (i) satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; (ii) authorized to exercise corporate trust powers; and (iii) having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal Federal or state authorities; State authorities and having (or having a parent that hasiv) time deposits that are rated at least "P-1" by Moody's and at least "A-1" by Standard & Poor's, or which is otherwise acceptable to each Rating Agencythe Insurer in its sole discretion, so long as an Insurer Default shall not have occurred and be continuing. If such 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, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.0210.2.
Appears in 3 contracts
Sources: Trust Agreement (Ml Asset Backed Corp), Trust Agreement (Painewebber Asset Acceptance Corp), Trust Agreement (Securitized Asset Backed Receivables LLC)
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; authorized to exercise corporate trust powers; having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal or state authorities; and having (or having a parent that has) time deposits that are rated a rating of at least "P-1" Baa3 by Moody's and at least "A-1" by Standard & Poor's, or which is otherwise acceptable to each ▇▇ ▇▇▇ Bond Insurer and the Rating AgencyAgencies. If such corporation 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, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this SectionSection 9.01, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.029.02.
Appears in 3 contracts
Sources: Trust Agreement (Imh Assets Corp Impact CMB Trust Series 2002-7), Trust Agreement (Imh Assets Corp Impac CMB Trust Series 2003-6), Trust Agreement (Impac CMB Trust Series 2002-8)
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; authorized to exercise corporate trust powers; having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal or state authorities; and having (or having a parent that has) time deposits that are rated at least "P-1" “F1” by Moody's and at least "Fitch, “A-1" ” by Standard & Poor's, ’s and “P-1” by Moody’s or which is otherwise be acceptable to each the Rating AgencyAgencies. If such corporation 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, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.02.
Appears in 3 contracts
Sources: Trust Agreement (Daimlerchrysler Auto Trust 2008-B), Trust Agreement (Daimlerchrysler Auto Trust 2008-A), Trust Agreement (DaimlerChrysler Auto Trust 2007-A)
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times (i) be a corporation satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; (ii) be authorized to exercise corporate trust powers; having (iii) have a combined capital and surplus of at least $50,000,000 and shall be subject to supervision or examination by federal Federal or state authorities; and having (iv) shall have (or having shall have a parent that has) time deposits that are rated at least "P-1" a long-term debt rating of investment grade by Moody's and at least "A-1" by Standard & Poor's, each of the Rating Agencies or which is be otherwise acceptable to each the Rating AgencyAgencies. If such 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 SectionSection 10.1, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this SectionSection 10.1, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.0210.2.
Appears in 3 contracts
Sources: Trust Agreement (Mmca Auto Owner Trust 2002-4), Trust Agreement (Mmca Auto Owner Trust 2002-5), Trust Agreement (Mmca Auto Owner Trust 2002-5)
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times (i) be a corporation 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; having (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 having (or having a parent that has) time deposits that are rated at least "P-1" by Moody's and at least "A-1" by Standard & Poor's, or which is otherwise acceptable to each Rating Agency. If such corporation 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, the combined capital and surplus of such corporation 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. In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.02.
Appears in 3 contracts
Sources: Trust Agreement (Nissan Auto Leasing LLC Ii), Trust Agreement (Nissan Auto Leasing LLC Ii), Trust Agreement (Nissan-Infiniti Lt)
Eligibility Requirements for Owner Trustee. The Owner ------------------------------------------ Trustee shall at all times be a corporation (i) satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; (ii) authorized to exercise corporate trust powers; and (iii) having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal Federal or state authorities; State authorities and having (or having a parent that hasiv) time deposits that are rated at least "P-1" by Moody's and at least "A-1" by Standard & Poor's, or which is otherwise acceptable to each Rating Agencythe Insurer in its sole discretion, so long as an Insurer Default shall not have occurred and be continuing. If such 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, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.0210.2.
Appears in 2 contracts
Sources: Trust Agreement (Prudential Securities Secured Financing Corp), Trust Agreement (Prudential Securities Secured Financing Corp)
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation (i) satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; (ii) authorized to exercise corporate trust powers; (iii) having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal Federal or state State authorities; and (iv) having (or having a parent that which has) time deposits that are rated a rating of at least "P-1" Baa3 by Moody's and at least "A-1" or A-1 by Standard & Poor's, 's or which is being otherwise acceptable to each the Rating AgencyAgencies; and (v) acceptable to the Insurer in its sole discretion. If such 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 SectionSection 10.01, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.02.
Appears in 2 contracts
Sources: Trust Agreement (Advanta Conduit Receivables Inc), Trust Agreement (Advanta Conduit Receivables Inc)
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation (i) satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; (ii) authorized to exercise corporate trust powers; (iii) having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal Federal or state State authorities; and (iv) having (or having a parent that which has) time deposits that are rated a rating of at least "P-1" Baa3 by Moody's and at least "A-1" or BBB by Standard & Poor's, or which is otherwise acceptable to each Rating Agency. If such 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, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.0210.2.
Appears in 2 contracts
Sources: Trust Agreement (Arcadia Financial LTD), Trust Agreement (Olympic Financial LTD)
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; authorized to exercise corporate trust powers; having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal or state authorities; and having (or having a parent that has) time deposits that are rated at least "P-1" by Moody's and at least "“A-1" ” by Standard & Poor's’s and “Prime-1” by Moody’s, or which is otherwise acceptable to each Rating Agency. If such corporation 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, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.02.
Appears in 2 contracts
Sources: Trust Agreement (BMW Fs Securities LLC), Trust Agreement (BMW Fs Securities LLC)
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times satisfy the requirements of Section 26(a)(1) of the Investment Company Act. The Owner Trustee shall at all times: (a) be a corporation satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; (b) be authorized to exercise corporate trust powers; having a combined capital (c) have an aggregate capital, surplus and surplus undivided profits of at least $50,000,000 50,000,000; and (d) be subject to supervision or examination by federal or state authorities; and having (or having a parent that has) time deposits that are rated at least "P-1" by Moody's and at least "A-1" by Standard & Poor's, or which is otherwise acceptable to each Rating Agency. If such 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 SectionSection 8.1, the combined capital aggregate capital, surplus and surplus undivided profits of such corporation shall be deemed to be its combined capital aggregate capital, surplus and surplus undivided profits as set forth in its most recent report of condition so published. In case If at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this SectionSection 8.1, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.028.2.
Appears in 2 contracts
Sources: Trust Agreement (Trans Leasing International Inc), Trust Agreement (Tl Lease Funding Corp Iv)
Eligibility Requirements for Owner Trustee. The Owner Trustee or its direct or indirect parent shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; authorized to exercise corporate trust powers; an entity having a combined capital and surplus of at least $50,000,000 and its long-term unsecured debt rated at least investment grade or otherwise acceptable to each Rating Agency, or such other ratings, provided that the Rating Agency Condition with respect to such other ratings shall have been satisfied, and be subject to supervision or examination by federal or state authorities; , be able to exercise corporate trust powers and having (or having a parent that has) time deposits that are rated at least "P-1" by Moody's and at least "A-1" by Standard & Poor's, or which is otherwise acceptable be authorized to each Rating Agencyexercise trust powers in the State of Delaware. If such corporation entity 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 SectionSection 10.01, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.02.
Appears in 2 contracts
Sources: Trust Agreement (Nissan Auto Receivables 2011-a Owner Trust), Trust Agreement (Nissan Auto Receivables 2011-a Owner Trust)
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; authorized to exercise corporate trust powers; having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal Federal or state authorities; and having (or having a parent that which has) time deposits that are rated a long-term rating of at least "P-1" by Moody's and at least "A-1A" by Standard & Poor's and "A2" by Moody's, or which is otherwise acceptable to each Rating Agency"A" by DCR and "A" by Fitch. If such 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, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.0210.2.
Appears in 2 contracts
Sources: Trust Agreement (Mego Financial Corp), Trust Agreement (Mego Mortgage Corp)
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; authorized to exercise corporate trust powers; powers having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal Federal or state authorities; and having (or having a parent that which has) time deposits that are rated a long-term rating of at least "P-1" by Moody's and at least "A-1A" by Standard & Poor's, or which is otherwise acceptable to each Rating Agency. a division of The ▇▇▇▇▇▇-▇▇▇▇ Companies, Inc. and ▇▇▇▇▇'▇ Investors Service, Inc. If such 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, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.0210.2.
Appears in 2 contracts
Sources: Trust Agreement (American Business Financial Services Inc /De/), Trust Agreement (American Business Financial Services Inc /De/)
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times (i) be a corporation 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; having (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 having (or having a parent that has) time deposits that are rated at least "P-1" by Moody's and at least "A-1" by Standard & Poor's, or which is otherwise acceptable to each Rating Agency. If such corporation 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, the combined capital and surplus of such corporation 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. In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.02.
Appears in 2 contracts
Sources: Trust Agreement (Nissan Auto Leasing LLC Ii), Trust Agreement (Nissan Auto Lease Trust 2004-A)
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation an entity (i) satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; (ii) authorized to exercise corporate trust powers; (iii) having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal or state authorities; and having (or having a parent that hasiv) time deposits that are rated at least "P-1" by Moody's and at least "A-1" by Standard & Poor's, or which is otherwise acceptable to each Rating Agencythe Majority Holders in their sole discretion (it being understood that Wilmington Trust Company, is acceptable to the Majority Holders on the Closing Date); and (v) subject to supervision or regulation by federal or State authorities. If such corporation entity 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, the combined capital and surplus of such corporation entity 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.029.2.
Appears in 2 contracts
Sources: Trust Agreement (Bay View Capital Corp), Trust Agreement (Bay View Capital Corp)
Eligibility Requirements for Owner Trustee. The --------------------------------------------- Owner Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; authorized to exercise corporate trust powers; having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal or state authorities; and having (or having a parent that has) time deposits that are rated long term debt obligations with a rating of at least "P-1" by Moody's and at least "A-1" A (or the equivalent) by Standard & Poor's and/or Moody's, or which is otherwise acceptable to each Rating Agency. If such corporation 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, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this SectionSection 9.01, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.029.02.
Appears in 1 contract
Sources: Owner Trust Agreement (CSFB Acceptance Corp Home Equity Loan Back Notes Ser 2003-A)
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation (i) satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; (ii) authorized to exercise corporate trust powers; (iii) having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal Federal or state State authorities; and (iv) having (or having a parent that which has) time deposits that are rated a rating of at least "P-1" Baa3 by Moody's and at least "A-1" or A-1 by Standard & Poor's, 's or which is otherwise acceptable to each the Rating AgencyAgencies. If such 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, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.0210.2.
Appears in 1 contract
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; authorized to exercise corporate trust powers; having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal Federal or state authorities; and having (or having a parent that has) time deposits that are rated a rating of at least "P-1Baa3" by Moody's and at least Mood▇'▇ ▇▇▇ "A-1" by Standard & Poor's, or which is otherwise 's and being acceptable to each Rating Agencythe Bond Insurer. If such 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, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.0210.2.
Appears in 1 contract
Sources: Deposit Trust Agreement (Fund America Investors Corp Ii)
Eligibility Requirements for Owner Trustee. The Owner ------------------------------------------ Trustee shall at all times (i) be a corporation satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; (ii) at all times be able and authorized to exercise corporate trust powers; having (iii) have a long-term debt rating of "A" or higher 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 having (or having a parent that has) time deposits that are rated at least "P-1" by Moody's and at least "A-1" by Standard & Poor's, or which is otherwise acceptable to each Rating Agency. If such corporation 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, the combined capital and surplus of such corporation 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. In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.02.
Appears in 1 contract
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; authorized to exercise corporate trust powers; having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal Federal or state authorities; and having (or having a parent that has) time deposits that are rated a rating of at least "P-1Baa3" by Moody's ▇▇▇▇▇'▇ and at least "A-1" by Standard & Poor's, or which is otherwise 's and being acceptable to each Rating Agencythe Note Insurer. If such 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, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.0210.2.
Appears in 1 contract
Sources: Deposit Trust Agreement (Ocwen Mortgage Loan Trust Ass Back Notes Ser 1998-Oac1/)
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; authorized to exercise corporate trust powers; having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal or state authorities; and having (or having a parent that has) time deposits that are rated long-term debt obligations with a rating of at least "P-1" A by [Moody's and at least "A-1" by 's], Standard & Poor's's or Fitch, or which is otherwise acceptable to each Rating Agencyif rated by Fitch. If such corporation shall publish reports of condition ▇▇ ▇▇▇dition at least annually pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this SectionSection 9.01, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.029.02.
Appears in 1 contract
Sources: Trust Agreement (Wachovia Asset Funding Trust, LLC)
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; authorized to exercise corporate trust powers; and (a) having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal or state authorities; and having (or having a parent that has) time deposits that are rated a rating of at least "P-1" Baa3 by Moody's and at least "A-1" by Standard & Poor's, ▇▇▇▇▇’▇; or (b) which the Rating Agencies have otherwise indicated in writing is otherwise an entity acceptable to each Rating Agencyact as Owner Trustee hereunder. If such corporation 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, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.02.
Appears in 1 contract
Sources: Trust Agreement (Harley Davidson Customer Funding Corp)
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation reasonably acceptable to the Bond Insurer and satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; authorized to exercise corporate trust powers; having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal or state authorities; and having (or having a parent that has) time deposits that are rated a rating of at least "P-1" by Moody's Baa3 or is otherwise acceptable to the Bond Insurer, [▇▇▇▇▇'▇] and at least "A-1" by [Standard & Poor's, or which is otherwise acceptable to each Rating Agency]. If such corporation 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, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this SectionSection 9.01, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.029.02.
Appears in 1 contract
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation (i) satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; (ii) authorized to exercise corporate trust powers; (iii) having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal Federal or state authorities; State authorities and having (or having a parent that hasiv) time deposits that are rated at least "P-1" by Moody's and at least "A-1" by Standard & Poor's, or which is otherwise acceptable to each Rating Agencythe Insurer in its sole discretion, so long as an Insurer Default shall not have occurred and be continuing. If such 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, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.0210.2.
Appears in 1 contract
Eligibility Requirements for Owner Trustee. The Owner ------------------------------------------ Trustee shall at all times be a corporation satisfying (i) the provisions of Section 3807(a) of the Statutory Business Trust Statute; (ii) authorized to exercise corporate trust powers; (iii) having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal Federal or state State authorities; and having (or having a parent that hasiv) time deposits that are rated at least "P-1" by Moody's and at least "A-1" by Standard & Poor's, or which is otherwise acceptable to each Rating Agencythe Security Insurer in its sole discretion, so long as an Insurer Default shall not have occurred and be continuing. If such 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, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.029.2.
Appears in 1 contract
Sources: Trust Agreement (Americredit Financial Services Inc)
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation (i) satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; (ii) authorized to exercise corporate trust powers; (iii) having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal or state State authorities; and (iv) having (or having a parent that which has) time deposits that are rated a rating of at least "P-1" A3 by Moody's and at least "A-1" or A-1 by Standard & Poor's, or which is otherwise 's ; and (v) acceptable to each Rating Agencythe Insurer in its sole discretion. If such 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, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.0211.2.
Appears in 1 contract
Sources: Trust Agreement (Greenpoint Mortgage Securities Inc/)
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; authorized to exercise corporate trust powers; and (a) having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal or state authorities; and having (or having a parent that has) time deposits that are rated a rating of at least "P-1" Baa3 by Moody's and at least "A-1" by Standard & Poor's, M▇▇▇▇’▇; or (b) which the Rating Agencies have otherwise indicated in writing is otherwise an entity acceptable to each Rating Agencyact as Owner Trustee hereunder. If such corporation 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, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.02.
Appears in 1 contract
Sources: Trust Agreement (Harley-Davidson Motorcycle Trust 2008-1)
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation or national banking association (i) satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; (ii) authorized to exercise corporate trust powers; (iii) having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal Federal or state State authorities; and having (or having a parent that hasiv) time deposits that are rated at least "P-1" by Moody's and at least "A-1" by Standard & Poor's, or which is otherwise acceptable to each Rating Agencythe Note Insurer in its sole discretion, so long as a Note Insurer Default shall not have occurred and be continuing. If such corporation entity 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, the combined capital and surplus of such corporation entity 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.029.2.
Appears in 1 contract
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation (i) satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; (ii) authorized to exercise corporate trust powers; (iii) having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal Federal or state State authorities; and (iv) having (or having a parent that which has) time deposits that are rated a rating of at least "P-1" Baa3 by Moody's and at least "A-1" or BBB by Standard & Poor's, or which is otherwise acceptable to each Rating Agency. If such 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, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.029.2.
Appears in 1 contract
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation (a) satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; , (b) authorized to exercise corporate trust powers; , (c) having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal or state authorities; , and (d) having (or having a parent that has) time deposits that are rated a rating of at least "P-1" Baa3 by Moody's ▇▇▇▇▇’▇ and at least "A-1" BBB- by Standard & Poor's, or which is otherwise acceptable to each Rating AgencyFitch (if rated by Fitch). If such corporation 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 SectionSection 10.01, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this SectionSection 10.01, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.02.
Appears in 1 contract
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation or other institution (i) satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; (ii) authorized to exercise corporate trust powers; (iii) having a combined capital and surplus of at least $50,000,000 [__________] and subject to supervision or examination by federal or state authorities; authorities and having (or having a parent that hasiv) time deposits that are rated at least "P-1" by Moody's and at least "A-1" by Standard & Poor's, or which is otherwise acceptable to each Rating Agencythe Note Insurer in its sole discretion, so long as an Insurer Default shall not have occurred and be continuing. If such corporation or other institution 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, the combined capital and surplus of such corporation or other 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.0210.2.
Appears in 1 contract
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times times: (a) be a corporation satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; (b) be authorized to exercise corporate trust powers; having (c) 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 having (or having d) have a parent that has) time deposits that are rated long-term unsecured debt rating of at least "P-1" Baa3 by Moody's and at least "A-1" by Standard & Poor's, ▇▇▇▇▇'▇ Investors Service or which is be otherwise acceptable satisfactory to each Rating Agency▇▇▇▇▇'▇ Investors Service. If such 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 SectionSection 6.13, the combined capital and surplus of such corporation shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. In case If at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this SectionSection 6.13, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.026.10.
Appears in 1 contract
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times satisfy the requirements of Section 26(a)(1) of the Investment Company Act. The Owner Trustee shall at all times: (a) be a corporation satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; (b) be authorized to exercise corporate trust powers; having (c) have a combined capital and surplus of at least $50,000,000 and and; (d) be subject to supervision or examination by federal or state authorities; and having (or having a parent that has) time deposits that are rated at least "P-1" by Moody's and at least "A-1" by Standard & Poor's, or which is otherwise acceptable to each Rating Agency. If such 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 SectionSection 6.13, the combined capital and surplus of such corporation shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. In case If at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this SectionSection 6.13, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.026.10.
Appears in 1 contract
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation or national banking association (i) satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; (ii) authorized to exercise corporate trust powers; [and] (iii) having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal Federal or state State authorities[; and having (or having a parent that hasiv) time deposits that are rated at least "P-1" by Moody's and at least "A-1" by Standard & Poor's, or which is otherwise acceptable to each Rating Agency. the Note Insurer in its sole discretion, so long as a Note Insurer Default shall not have occurred and be continuing.] If such corporation entity 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, the combined capital and surplus of such corporation entity 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.029.2.
Appears in 1 contract
Sources: Trust Agreement (Long Beach Acceptance Receivables Corp.)
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; authorized to exercise corporate trust powers; having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal or state authorities; and having (or having a parent that has) time deposits that are rated a rating of at least "P-1" Baa3 by Moody's and and/or at least "A-1" BBB- by Standard & and Poor's, 's or which is otherwise acceptable to each the Insurer and the Rating AgencyAgencies. If such corporation 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, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this SectionSection 9.01, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.029.02.
Appears in 1 contract
Sources: Trust Agreement (American Home Mortgage Investment Trust 2005-1)
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation (i) satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; (ii) authorized to exercise corporate trust powers; (iii) having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal Federal or state State authorities; and having (or having a parent that hasiv) time deposits that are rated at least "P-1" by Moody's and at least "A-1" by Standard & Poor's, or which is otherwise acceptable to each Rating Agencythe Security Insurer in its sole discretion, so long as an Insurer Default shall not have occurred and be continuing. If such 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, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.0210.2. In addition, at all times the Owner Trustee or a co-trustee shall be a person that satisfies the requirements of Section 3807(a) of the Business Trustee Statute (the "Delaware Trustee").
Appears in 1 contract
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; authorized to exercise corporate trust powers; having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal Federal or state authorities; and having (or having a parent that has) time deposits that are rated a rating of at least "P-1Baa3" by Moody's ▇▇▇▇▇'▇ and at least "A-1" by Standard & Poor's, S&P (or which is otherwise acceptable to each the Rating AgencyAgencies) and being acceptable to the Note Insurer. If such 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 SectionSection 10.01, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this SectionSection 10.01, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.02.
Appears in 1 contract
Sources: Trust Agreement (Prudential Securities Secured Financing Corp)
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation (i) satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; (ii) authorized to exercise corporate trust powers; (iii) having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal Federal or state State authorities; and (iv) having (or having a parent that which has) time deposits that are rated a rating of at least "P-1" Baa3 by Moody's and at least "A-1" or A-1 by Standard & Poor's, or which is otherwise Poors; and (v) acceptable to each Rating Agencythe Certificateholders. If such 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, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.0210.2.
Appears in 1 contract
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation (i) satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; (ii) authorized to exercise corporate trust powers; [and] (iii) having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal or state authorities; [and having (or having a parent that hasiv) time deposits that are rated at least "P-1" by Moody's and at least "A-1" by Standard & Poor's, or which is otherwise acceptable to each Rating Agencythe Insurer in its sole discretion, so long as an Insurer Default shall not have occurred and be continuing]. If such 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, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.029.2.
Appears in 1 contract
Sources: Trust Agreement (AFS SenSub Corp.)
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times (i) be a corporation satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; , (ii) be authorized to exercise corporate trust powers; having , (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; authorities and having (iv) have (or having have a parent that has) time deposits that are rated at least "P-1" a long-term debt rating of investment grade by Moody's and at least "A-1" by Standard & Poor's, each of the Rating Agencies or which is otherwise be acceptable to each of the Rating AgencyAgencies. If such 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, Section 10.1 the combined capital and surplus of such corporation shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. In case If at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this SectionSection 10.1, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.0210.2.
Appears in 1 contract
Eligibility Requirements for Owner Trustee. The Owner Trustee shall will at all times be a corporation (i) satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; (ii) authorized to exercise corporate trust powers; (iii) having a combined capital and surplus of at least $50,000,000 __________ and subject to supervision or examination by federal or state authorities; [and having (or having a parent that hasiv) time deposits that are rated at least "P-1" by Moody's and at least "A-1" by Standard & Poor's, or which is otherwise acceptable to each Rating Agencythe Security Insurer in its sole discretion (so long as an Insurer Default will not have occurred and be continuing)]. If such corporation shall will 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 SectionSection 9.1, the combined capital and surplus of such corporation shall will 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 Owner Trustee shall will cease to be eligible in accordance with the provisions of this SectionSection 9.1, the Owner Trustee shall will resign immediately in the manner and with the effect specified in Section 10.029.2.
Appears in 1 contract
Sources: Trust Agreement (Triad Financial Special Purpose LLC)
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; authorized to exercise corporate trust powers; having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal or state authorities; and having (or having a parent that has) time deposits that are rated a rating of at least "P-1" by Baa3 or is otherwise acceptable to the Bond Insurer, Fitch Ratings, Moody's and at least "A-1" by Standard & Poor's, or which is otherwise acceptable to each Rating Agency. If such corporation s▇▇▇ ▇▇▇poration 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, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this SectionSection 9.01, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.029.02.
Appears in 1 contract
Sources: Trust Agreement (Imh Assets Corp)
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times (i) be a corporation satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; (ii) be authorized to exercise corporate trust powers; having (iii) have a combined capital and surplus of at least $50,000,000 and shall be subject to supervision or examination by federal or state authorities; and having (iv) shall have (or having shall have a parent that has) time deposits that are rated at least "P-1" a long-term debt rating of investment grade by Moody's and at least "A-1" by Standard & Poor's, each of the Rating Agencies or which is be otherwise acceptable to each the Rating AgencyAgencies. If such 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 SectionSection 10.1, the combined capital and surplus of such corporation shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition condi tion so published. In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this SectionSection 10.1, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.0210.2.
Appears in 1 contract
Sources: Trust Agreement (Ford Credit Auto Receivables Two L P)
Eligibility Requirements for Owner Trustee. The Owner ----------------------------------------------- Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; authorized to exercise corporate trust powers; and (a) having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal or state authorities; and having (or having a parent that has) time deposits that are rated a rating of at least "P-1" Baa3 by Moody's and at least "A-1" by Standard & Poor's, ▇▇▇▇▇'▇; or (b) which the Rating Agencies have otherwise indicated in writing is otherwise an entity acceptable to each Rating Agencyact as Owner Trustee hereunder. If such corporation 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, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.02.
Appears in 1 contract
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation satisfying the provisions of Section 3807(aor association (i) of the Statutory Trust Statute; authorized to exercise corporate trust powers; and (ii) having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal or state authorities; PROVIDED that with respect to the initial Owner Trustee (but not any successor trustee) the combined capital and having (or having a surplus of the parent that has) time deposits that are rated at least "P-1" by Moody's organization of such banking association shall be included in the determination of the combined capital and at least "A-1" by Standard & Poor's, or which is otherwise acceptable to each Rating Agencysurplus of such banking association. If such corporation 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, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.0210.2. In addition, at all times the Owner Trustee or a co-trustee shall be a person that satisfies the requirements of Section 3807(a) of the Business Trust Statute (the "Delaware Trustee").
Appears in 1 contract
Sources: Trust Agreement (Money Store Commercial Mortgage Inc)
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation or national banking association (i) satisfying the provisions of Section 3807(a) of the Statutory Trust StatuteAct; (ii) authorized to exercise corporate 29 <PAGE> trust powers; (iii) having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal Federal or state State authorities; and having (or having a parent that hasiv) time deposits that are rated at least "P-1" by Moody's and at least "A-1" by Standard & Poor's, or which is otherwise acceptable to each Rating Agencythe Note Insurer in its sole discretion, so long as a Note Insurer Default shall not have occurred and be continuing. If such corporation entity 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, the combined capital and surplus of such corporation entity 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.029.2.
Appears in 1 contract
Sources: Trust Agreement
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation (i) satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; (ii) authorized to exercise corporate trust powers; (iii) having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal Federal or state State authorities; and (iv) having (or having a parent that which has) time deposits that are rated a rating of at least "P-1" Baa3 by Moody's and at least "A-1" Moodys or A-1 by Standard & Poor's, or which is otherwise Poors; and (v) acceptable to each Rating Agencythe Certificateholders. If such 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, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.0210.2.
Appears in 1 contract
Sources: Trust Agreement (Household Automotive Trust 2001-1)
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times times: (a) be a corporation satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; authorized to exercise corporate trust powers; having (b) 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 having (c) have (or having have a parent that which has) time deposits that are rated a long-term unsecured debt rating of at least "P-1" by Moody's and at least "A-1BBB" by Standard & Poor's, or which is otherwise acceptable to each Rating Agency's and have a long-term unsecured debt rating of at least "Baa3" by ▇▇▇▇▇'▇. If such 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 SectionSection 6.13, the combined capital and surplus of such corporation shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. In case If at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this SectionSection 6.13, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.026.
Appears in 1 contract
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation (i) satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; (ii) authorized to exercise corporate trust powers; (iii) having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal Federal or state State authorities; and (iv) having (or having a parent that which has) time deposits that are rated a rating of at least "P-1" Baa3 by Moody's and at least "A-1" ▇▇▇▇▇'▇ or A-1 by Standard & Poor's, or which is otherwise ; and (v) acceptable to each Rating Agencythe Security Insurer in its sole discretion, so long as an Insurer Default shall not have occurred and be continuing. If such 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, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.0210.2.
Appears in 1 contract
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times (i) be a corporation 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; having (iii) have a long-term debt rating of investment grade or higher by ▇▇▇▇▇’▇, Standard & Poor’s and 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 having (or having a parent that has) time deposits that are rated at least "P-1" by Moody's and at least "A-1" by Standard & Poor's, or which is otherwise acceptable to each Rating Agency. If such corporation 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, the combined capital and surplus of such corporation 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. In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.02.
Appears in 1 contract
Eligibility Requirements for Owner Trustee. The Owner ------------------------------------------ Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; authorized to exercise corporate trust powers; having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal or state authorities; and having (or having a parent that which has) time deposits that are rated a long-term unsecured rating of at least "P-1" Baa3 by Moody's and 's, at least "A-1" BBB- by Standard & Poor's's and, if rated by Fitch, at least BBB- by Fitch, or which is otherwise acceptable satisfactory to each Rating Agency. If such 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, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.029.02.
Appears in 1 contract
Sources: Trust Agreement (Household Credit Card Master Note Trust I)
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Trust StatuteAct; authorized to exercise corporate trust powers; having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal Federal or state authorities; and having (or having a parent that which has) time deposits that are rated a long-term rating of at least "P-1" “A” (or its equivalent) by Moody's and at least "A-1" by each of Standard & Poor's’s, and Fitch (or which as is otherwise acceptable to each the Rating AgencyAgencies); and being acceptable to the Insurer. If such 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, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this SectionSection 10. 1, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.0210.2.
Appears in 1 contract
Sources: Trust Agreement (First Horizon Asset Securities Inc)
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a national banking association or corporation satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; authorized to exercise corporate trust powers; having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal or state authorities; and having (or having a parent that has) time deposits that are rated at least "P-1" “F1” by Moody's Fitch and at least "“A-1" ” by Standard & Poor's, ’s or which is otherwise be acceptable to each the Rating AgencyAgencies. If such corporation 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, the combined capital and surplus of such national banking association or corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.02.
Appears in 1 contract
Sources: Trust Agreement (Chrysler Financial Auto Securitization Trust 2010-A)
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; authorized to exercise corporate trust powers; powers having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal Federal or state authorities; and having (or having a parent that which has) time deposits that are rated a long-term rating of at least "P-1" by Moody's and at least "A-1" “A” by Standard & Poor's’s, or which is otherwise acceptable to each Rating Agency. a division of The M▇▇▇▇▇-▇▇▇▇ Companies, Inc. and M▇▇▇▇’▇ Investors Service, Inc. If such 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, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.0210.2.
Appears in 1 contract
Sources: Trust Agreement (Capitalsource Inc)
Eligibility Requirements for Owner Trustee. The Owner ------------------------------------------ Trustee shall at all times (i) be a corporation satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; authorized to exercise corporate trust powers; having (ii) have a combined capital and surplus of at least $50,000,000 and shall be subject to supervision or examination by federal or state authorities; and having (iii) have (or having have a parent that has) time deposits that are rated a rating of at least "P-1" Baa3 by Moody's and at least "A-1" BBB- by Standard & Poor's, or which is otherwise acceptable to each Rating Agency. If such corporation 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 SectionSection 10.01, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this SectionSection 10.01, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.02.
Appears in 1 contract
Sources: Owner Trust Agreement (Auto Nations Receivables Corp)
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times (i) be a corporation satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; (ii) be authorized to exercise corporate trust powers; having (iii) have a combined capital and surplus of at least $50,000,000 and shall be subject to supervision or examination by federal or state authorities; and having (iv) shall have (or having shall have a parent that has) time deposits that are rated at least "P-1" a long-term debt rating of investment grade by Moody's and at least "A-1" by Standard & Poor's, each of the Rating Agencies or which is be otherwise acceptable to each the Rating AgencyAgencies. If such corporation shall publish reports of condition at least annually annually, pursuant to law or to the requirements require- ments of the aforesaid supervising or examining authority, then for the purpose of this SectionSection 10.1, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this SectionSection 10.1, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.0210.2.
Appears in 1 contract
Sources: Trust Agreement (Ford Credit Auto Receivables Two L P)
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times times: (a) be a corporation satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; , (b) be authorized to exercise corporate trust powers; having , (c) have (or have a direct or indirect parent 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 State authorities; , and having (d) have (or having have a parent that has) time deposits that are rated a rating of at least "P-1" “Baa3” by Moody's and at least "A-1" by Standard & Poor's, ▇▇▇▇▇’▇ or which is otherwise be acceptable to each Rating Agency▇▇▇▇▇’▇. If such corporation (or direct or indirect parent) shall publish file 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 SectionSection 10.1, the combined capital and surplus of such corporation (or direct or indirect parent) shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so publishedfiled. In case If at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this SectionSection 10.1, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.0210.2.
Appears in 1 contract
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation Person (a) satisfying the provisions of Section 3807(a) of the Delaware Statutory Trust StatuteAct; (b) authorized to exercise corporate trust powers; (c) having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal or state authorities; and (d) having (or having a parent that has) time deposits that are rated a rating of at least "P-1" by BBB from Fitch, BBB– from S&P and Baa2 from Moody's and at least "A-1" by Standard & Poor's, or which is otherwise acceptable to each Rating Agency’s. If such corporation 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, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.02.
Appears in 1 contract
Sources: Trust Agreement (MCG Capital Corp)
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation reasonably acceptable to the Bond Insurer and satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; authorized to exercise corporate trust powers; having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal or state authorities; and having (or having a parent that has) time deposits that are rated a rating of at least "P-1" by Baa3 or is otherwise acceptable to the Bond Insurer, Moody's and at least "A-1" by Standard & Poor's, or which is otherwise acceptable to each Rating Agency. If such corporation shall corpor▇▇▇▇▇ ▇hall 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, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this SectionSection 9.01, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.029.02.
Appears in 1 contract
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; authorized to exercise corporate trust powers; having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal Federal or state authorities; and having (or having a parent that which has) time deposits that are rated a rating of at least "P-1" Baa3 by Moody's and at least "A-1" A-1 by Standard & Poor's, or which is otherwise 's [and being acceptable to each Rating Agencythe Securities Insurer]. If such 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, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.0210.2.
Appears in 1 contract
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Trust StatuteAct; authorized to exercise corporate trust powers; having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal Federal or state authorities; and having (or having a parent that which has) time deposits that are rated a long-term rating of at least "P-1" “A” (or its equivalent) by Moody's and at least "A-1" by each of Standard & Poor's, ’s and Moody’s (or which as is otherwise acceptable to each the Rating AgencyAgencies); and being acceptable to the Insurer. If such 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, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this SectionSection 10.1, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.0210.2.
Appears in 1 contract
Sources: Trust Agreement (Indymac Abs Inc)
Eligibility Requirements for Owner Trustee. The Owner Trustee or any Successor Trustee shall at all times be a corporation Person (a) satisfying the provisions of Section 3807(a) of the Delaware Statutory Trust StatuteAct; (b) authorized to exercise corporate trust powers; (c) having a combined capital and surplus of at least $50,000,000 200,000,000 and subject to supervision or examination by federal or state banking authorities; and (d) having (or having a parent that has) time deposits that are rated a rating of at least "P-1" by Moody's BBB from S&P and at least "A-1" by Standard & Poor's, or which is otherwise acceptable to each Rating AgencyBaa2 from ▇▇▇▇▇’▇. If such corporation 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, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.02.
Appears in 1 contract
Sources: Trust Agreement (Ares Capital Corp)
Eligibility Requirements for Owner Trustee. The Owner ------------------------------------------ Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; authorized to exercise corporate trust powers; having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal or state authorities; and having (or having a parent that has) time deposits that are rated a rating of at least "P-1" Baa3 by Moody's ▇▇▇▇▇'▇ (or a rating otherwise acceptable to ▇▇▇▇▇'▇) and at least "A-1" BBB- by Standard & Poor's, or which is otherwise acceptable to each Rating Agency. S&P. If such corporation 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, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this SectionSection 10.01, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.02.
Appears in 1 contract
Sources: Trust Agreement (Lehman Abs Corp)
Eligibility Requirements for Owner Trustee. The Owner ------------------------------------------ Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; authorized to exercise corporate trust powers; having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal Federal or state authorities; and having (or having a parent that which has) time deposits that are rated a short-term debt rating of at least "P-1Duff-1" by Moody's DCR, "A-1"by Fitch and at least "A-1" by Standard & Poor's, S&P or which is otherwise acceptable to each Rating Agency. If such 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, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.02.
Appears in 1 contract
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation or national banking association satisfying the provisions of Section 3807(a) of the Statutory Trust StatuteAct; authorized to exercise corporate trust powers; having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal Federal or state authorities; and having (or having a parent that which has) time deposits that are rated a long-term rating of at least "P-1" “Baa3” (or its equivalent) by Moody's ’s and at least "A-1" “A” (or its equivalent) by Standard & Poor's, or which is otherwise acceptable to each Rating Agency’s. If such 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, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this SectionSection 10.1, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.0210.2.
Appears in 1 contract
Sources: Trust Agreement (Household Mortgage Loan Trust 2003-Hc1)
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; authorized to exercise corporate trust powers; having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal Federal or state authorities; and having (or having a parent that has) time deposits that are rated a rating of at least "P-1Baa3" by Moody's and at least "A-1" by Standard & Poor's, or which is otherwise 's and being acceptable to each Rating Agency▇▇▇ ▇▇te Insurer. If such 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, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.0210.2.
Appears in 1 contract
Sources: Deposit Trust Agreement (Ocwen Mortgage Loan Trust Ass Back Notes Ser 1998-Oac1/)
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation (i) satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; (ii) authorized to exercise corporate trust powers; [and] (iii) having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal or state authorities; [and having (or having a parent that hasiv) time deposits that are rated at least "P-1" by Moody's and at least "A-1" by Standard & Poor's, or which is otherwise acceptable to each Rating Agency. the Security Insurer in its sole discretion, so long as an Insurer Default shall not have occurred and be continuing.] If such 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, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.029.2.
Appears in 1 contract
Sources: Trust Agreement (AFS Funding Trust)
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; authorized to exercise corporate trust powers; having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal Federal or state authorities; and having (or having a parent that has) time deposits that are rated a rating of at least "P-1Baa3" by Moody's and at least "A-1" by Standard & Poor's, 's (or which is otherwise acceptable to each the Rating AgencyAgencies) and being acceptable to the Note Insurer. If such 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, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.0210.2.
Appears in 1 contract
Sources: Deposit Trust Agreement (Prudential Securities Secured Financing Corp)
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation (i) satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; , (ii) authorized to exercise corporate trust powers; , (iii) having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal or state authorities; , and (iv) having (or having a parent that has) time deposits that are rated a rating of at least "P-1" Baa3 by Moody's M▇▇▇▇’▇ and at least "A-1" BBB- by Standard & Poor's, or which is otherwise acceptable to each Rating AgencyFitch (if rated by Fitch). If such corporation 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 SectionSection 10.01, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this SectionSection 10.01, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.02.
Appears in 1 contract
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a(i) of the Statutory Trust Statute; authorized to exercise corporate trust powers; (ii) having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal Federal or state State authorities; and (iii) having (or having a parent that which has) time deposits that are rated a long-term debt rating of at least "P-1" investment grade by Moody's and at least "A-1" by Standard & Poor's, or which is otherwise acceptable to each Rating AgencyS&P, Fitch (if rated by Fitch) and Duff & ▇▇▇▇▇▇ (if rated by Duff & ▇▇▇▇▇▇). If such 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, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.0210.2.
Appears in 1 contract
Sources: Trust Agreement (Capita Equipment Receivables Trust 1996-1)
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; authorized to exercise corporate trust powers; having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal or state authorities; and having (or having a parent that has) time deposits that are rated a rating of at least "P-1" Baa3 by Moody's and ’s and/or at least "A-1" BBB- by Standard & Poor's, or which ’s and is otherwise acceptable to each the Note Insurer and Rating AgencyAgencies. If such corporation 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, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this SectionSection 9.01, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.029.02.
Appears in 1 contract
Sources: Trust Agreement (ACE Securities Corp. Home Equity Loan Trust, Series 2006-Gp1)
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation or association (i) satisfying the provisions of Section 3807(a) of the Delaware Statutory Trust StatuteAct; (ii) being authorized to exercise corporate trust powers; (iii) having a combined capital and surplus of at least $50,000,000 and being subject to supervision or examination by federal Federal or state authorities; and (iv) having (or having a parent that which has) time deposits that are rated a rating of at least "P-1" “Baa3” by Moody's ▇▇▇▇▇’▇ and at least "A-1" “BBB” by Standard & Poor's, or which is otherwise acceptable to each Rating Agency. S&P. If such corporation 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, the combined capital and surplus of such corporation 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. In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this SectionSection or Section 3807(a) of the Delaware Statutory Trust Act, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.02.
Appears in 1 contract
Sources: Trust Agreement (KeyCorp Student Loan Trust 2006-A)
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; authorized to exercise corporate trust powers; and having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal Federal or state authorities; PROVIDED that with respect to the Owners Trustee (but not any successor trustee) the combined capital and having (or having a surplus of the parent that has) time deposits that are rated at least "P-1" by Moody's organization of such banking corporation shall be included in the determination of the combined capital and at least "A-1" by Standard & Poor's, or which is otherwise acceptable to each Rating Agencysurplus of such banking corporation. If such 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, the combined capital and surplus of such corporation -26- 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.0210.2. In addition, at all times the Owner Trustee or a co- trustee shall be a person that satisfies the requirements of Section 3807(a) of the Business Trust Statute (the "Delaware Trustee").
Appears in 1 contract
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; authorized to exercise corporate trust powers; having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal or state authorities; and having (or having a parent that has) time deposits that are rated at least "“P-1" ” by Moody's ’s and at least "“A-1" ” by Standard & Poor's’s, or which is otherwise acceptable to each Rating Agency. If such corporation 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, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.02.
Appears in 1 contract
Eligibility Requirements for Owner Trustee. The Owner ------------------------------------------ Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; authorized to exercise corporate trust powers; having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal or state authorities; and having (or having a parent that has) time deposits that are rated a rating of at least "P-1" (____) by (_____) (or a rating otherwise acceptable to Moody's 's) and at least "A-1" (____) by Standard & Poor's, or which is otherwise acceptable to each Rating Agency(____). If such corporation shall publish shal▇ ▇▇▇▇▇sh 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, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this SectionSection 10.01, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.02.
Appears in 1 contract
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation or national banking association satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; authorized to exercise corporate trust powers; having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal Federal or state authorities; and having (or having a parent that which has) time deposits that are rated a long-term rating of at least "P-1Baa3" (or its equivalent) by Moody's ▇▇▇▇▇'▇ and at least "A-1A" (or its equivalent) by Standard & Poor's, or which is otherwise acceptable to each Rating Agency. If such 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, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this SectionSection 10.1, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.0210.2.
Appears in 1 contract
Sources: Trust Agreement (Household Mortgage Loan Trust 2002 Hc1)
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; authorized to exercise corporate trust powers; having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal or state authorities; and having (or having a parent that has) time deposits that are rated long term debt obligations with a rating of at least "P-1" by Moody's and at least "A-1" A (or the equivalent) by Standard & Poor's, or which is otherwise 's and/or Moody's and reasonably acceptable to each Rating Agencythe NIMs Insurer. If such corporation 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, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this SectionSection 9.01, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.029.02.
Appears in 1 contract
Sources: Trust Agreement (Merrill Lynch Mortgage Investors Trust, Series 2007-Sl1)
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation or national banking association satisfying the provisions of Section 3807(a) of the Statutory Trust StatuteAct; authorized to exercise corporate trust powers; having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal Federal or state authorities; and having (or having a parent that which has) time deposits that are rated a long-term rating of at least "P-1Baa3" (or its equivalent) by Moody's and at least "A-1A" (or its equivalent) by Standard & Poor's, or which is otherwise acceptable to each Rating Agency. If such 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, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this SectionSection 10.1, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.0210.2.
Appears in 1 contract
Sources: Trust Agreement (Household Mortgage Loan Trust 2003-Hc2)
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation (i) satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; (ii) authorized to exercise corporate trust powers; (iii) having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal Federal or state State authorities; and (iv) having (or having a parent that which has) time deposits that are rated a rating of at least "P-1" A3 by Moody's and at least "A-1" ▇▇▇▇▇'▇ or A-1 by Standard & Poor's, or which is otherwise ; and (v) acceptable to each Rating Agencythe Insurer in its sole discretion. If such 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, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.0211.2.
Appears in 1 contract
Sources: Trust Agreement (Greenpoint Mortgage Securities Inc/)
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times (i) be a corporation satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; , (ii) be authorized to exercise corporate trust powers; having , (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; authorities and having (v) have (or having have a parent that has) time deposits that are long-term debt obligations rated at least "P-1A" by Moody's and at least "A-1" by or Standard & Poor's, or which is otherwise acceptable to each Rating Agency. If such corporation 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, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.029.02.
Appears in 1 contract
Sources: Trust Agreement (Bear Stearns Asset Backed Sec Inc Irwin Home Eq Lo Tr 2001-2)
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation (i) satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; (ii) authorized to exercise corporate trust powers; (iii) having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal Federal or state State authorities; and (iv) having (or having a parent that which has) time deposits that are rated a rating of at least "P-1" A3 by Moody's and at least "A-1" ▇▇▇▇▇'▇ or A-1 by Standard & Poor's, or which is otherwise ; and (v) acceptable to each Rating Agencythe Insurer and ▇▇▇▇▇▇▇ Mac. If such 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, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.0211.2.
Appears in 1 contract
Sources: Trust Agreement (Greenpoint Mortgage Securities Inc/)
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation or other institution (i) satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; (ii) authorized to exercise corporate trust powers; (iii) having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal or state authorities; authorities and having (or having a parent that hasiv) time deposits that are rated at least "P-1" by Moody's and at least "A-1" by Standard & Poor's, or which is otherwise acceptable to each Rating Agencythe Note Insurer in its sole discretion, so long as an Insurer Default shall not have occurred and be continuing. If such corporation or other institution 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, the combined capital and surplus of such corporation or other 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.0210.2.
Appears in 1 contract
Sources: Trust Agreement (United Fidelity Auto Receivables Trust 2002-A)
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Trust StatuteAct; authorized to exercise corporate trust powers; having a combined capital and surplus of at least $50,000,000 [__________]and subject to supervision or examination by federal Federal or state authorities; and having (or having a parent that which has) time deposits that are rated a long-term rating of at least "P-1" “[__]” (or its equivalent) by Moody's and at least "A-1" by each of Standard & Poor's’s, and Fitch (or which as is otherwise acceptable to each the Rating AgencyAgencies); and being acceptable to the Insurer. If such 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, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this SectionSection 10.1, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.0210.2.
Appears in 1 contract
Sources: Trust Agreement (First Horizon Asset Securities Inc)