Common use of Eligibility Requirements for the Trustee and the Paying Agent Clause in Contracts

Eligibility Requirements for the Trustee and the Paying Agent. The Trustee hereunder shall at all times be (i) an institution insured by the FDIC, (ii) a corporation, national bank or national banking association, organized and doing business under -153- the laws of the United States of America or of any state, authorized to exercise corporate trust powers, having a combined capital and surplus of not less than $50,000,000 and subject to supervision or examination by federal or state authority, and (iii) an institution whose short-term debt obligations are at all times rated not less than "A-1" by S&P and whose long-term senior unsecured debt is at all times rated not less than "AA-" by Fitch (or "A+" by Fitch if the Trustee's short-term unsecured debt is rated at least "F-1" by Fitch) and "AA-" by S&P (or "A+" by S&P if the Trustee's short-term unsecured debt is rated at least "A-1" by S&P), or otherwise acceptable to the Rating Agencies as evidenced by a Rating Agency Confirmation, provided, that if a Fiscal Agent meeting the requirements of Section 7.19(a) is then currently acting in such capacity, and has a long term unsecured debt rating of at least "AA-" by Fitch (or "A+" by Fitch if the Fiscal Agent's short-term unsecured debt is rated at least "F-1" by Fitch) and "AA-" by S&P (or "A+" by S&P if the Fiscal Agent's short-term unsecured debt is rated at least "A-1" by S&P), then the Trustee must be rated not less than "A-" by Fitch and "A-" by S&P, or otherwise acceptable to the Rating Agencies as evidenced by a Rating Agency Confirmation. If such corporation, national bank or national banking association publishes reports of condition at least annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then, for the purposes of this Section, the combined capital and surplus of such corporation, national bank or national banking association shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. In case at any time the Trustee shall cease to be eligible in accordance with provisions of this Section, the Trustee shall resign immediately in the manner and with the effect specified in Section 7.6.

Eligibility Requirements for the Trustee and the Paying Agent. The Trustee hereunder shall at all times be (i) an institution insured by the FDIC, (ii) a corporation, national bank or national banking association, organized and doing business under -153- the laws of the United States of America or of any state, authorized to exercise corporate trust powers, having a combined capital and surplus of not less than $50,000,000 and subject to supervision or examination by federal or state authority, and (iii) an institution whose short-term debt obligations are at all times rated not less than "A-1Prime-1" by S&P Mxxxx'x, not less than "R-1(middle)" by DBRS or, if not rated by DBRS, an equivalent rating such as that listed above by at least one nationally recognized statistical rating organization (which may include S&P, Fitch and/or Mxxxx'x) and whose long-term senior unsecured debt is at all times rated not less than "AA-" by Fitch (or "A+" by Fitch if the Trustee's short-term unsecured debt is rated at least "F-1" by Fitch) ), "Aa3" by Mxxxx'x and "AA-AA(low)" by S&P DBRS (or "A+" or, if not rated by S&P if the Trustee's short-term unsecured debt is rated DBRS, an equivalent rating (such as those listed above for Fitch and Mxxxx'x) by at least "A-1" by two nationally recognized statistical rating organizations (which may include S&P, Fitch and/or Mxxxx'x)), or otherwise acceptable to the Rating Agencies as evidenced by a Rating Agency Confirmation, provided, that if a Fiscal Agent meeting the requirements of Section 7.19(a) is then currently acting in such capacity, and has a long term unsecured debt rating of at least "AA-" by Fitch (or "A+" by Fitch if the Fiscal Agent's short-term unsecured debt is rated at least "F-1" by Fitch) and "AA-" by S&P (or "A+" by S&P if the Fiscal Agent's short-term unsecured debt is rated at least "A-1" by S&P), then the Trustee must be rated not less than "A-" by Fitch and "A-" by S&P, or otherwise acceptable to the Rating Agencies as evidenced by a Rating Agency Confirmation. If such corporation, national bank or national banking association publishes reports of condition at least annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then, for the purposes of this Section, the combined capital and surplus of such corporation, national bank or national banking association shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. In case at any time the Trustee shall cease to be eligible in accordance with provisions of this Section, the Trustee shall resign immediately in the manner and with the effect specified in Section 7.6.,

Eligibility Requirements for the Trustee and the Paying Agent. (a) The Trustee hereunder shall at all times be (i) an institution insured by the FDIC, (ii) a corporation, national bank or national banking association, organized and doing business under -153- the laws of the United States of America or of any state, authorized to exercise corporate trust powers, having a combined capital and surplus of not less than $50,000,000 and subject to supervision or examination by federal or state authority, and (iii) an institution whose short-term debt obligations are at all times rated not less than "A-1Prime-1" by S&P Moody's and whose long-term senior unsecured debt is at all times rated timex xxxxx not less than "Aa3" by Moody's and "AA-" by Fitch (or "A+" by Fitch if the Trustee's shortshxxx-term xxxm unsecured debt is rated at least "F-1" by Fitch) and "AA-" by S&P (or "A+" by S&P if the Trustee's short-term unsecured debt is rated at least "A-1" by S&P), or otherwise acceptable to the Rating Agencies as evidenced by a Rating Agency Confirmation, provided, that if a Fiscal Agent meeting the requirements of Section 7.19(a) is then currently acting in such capacity, and has a long term unsecured debt rating of at least "AA-" by Fitch (or "A+" by Fitch if the Fiscal Agent's short-term unsecured debt is rated at least "F-1" by Fitch) ), and "AA-Aa3" by S&P (or "A+" by S&P if the Fiscal Agent's short-term unsecured debt is rated at least "A-1" by S&P)Moody's, then the Trustee must be rated not less than "A-" by Fitch and Fixxx xxx "A-A3" by S&PMoody's, or otherwise acceptable to the Rating Agencies as evidenced by evidexxxx xx a Rating Agency Confirmation. If such corporation, national bank or national banking association publishes reports of condition at least annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then, for the purposes of this Section, the combined capital and surplus of such corporation, national bank or national banking association shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. In case at any time the Trustee shall cease to be eligible in accordance with provisions of this Section, the Trustee shall resign immediately in the manner and with the effect specified in Section 7.6.

Eligibility Requirements for the Trustee and the Paying Agent. The Trustee hereunder shall at all times be (i) an institution insured by the FDIC, (ii) a corporation, national bank or national banking association, organized and doing business under -153- the laws of the United States of America or of any state, authorized to exercise corporate trust powers, having a combined capital and surplus of not less than $50,000,000 and subject to supervision or examination by federal or state authority, and (iii) an institution whose short-term debt obligations are at all times rated not less than "A-1Prime-1" by S&P Moody's and whose long-term senior unsecured debt is at all times rated not less xxx xxss than "AA-" by Fitch (or "A+" by Fitch if the Trustee's short-term unsecured debt is rated at least "F-1" by Fitch) and "AA-Aa3" by S&P (or "A+" by S&P if the Trustee's short-term unsecured debt is rated at least "A-1" by S&P), or otherwise acceptable to the Rating Agencies as evidenced by a Rating Agency ConfirmationMoody's, provided, that if a Fiscal Agent meeting the requirements of Section Sxxxxxx 7.19(a) is then currently acting in such capacity, and has a long term unsecured debt rating of at least "AA-" by Fitch (or "A+" by Fitch if the Fiscal Agent's short-term unsecured debt is rated at least "F-1" by Fitch) ), and "AA-Aa3" by S&P (or "A+" by S&P if the Fiscal Agent's short-term unsecured debt is rated at least "A-1" by S&P)Moody's, then the Trustee must be rated not less than "A-" by Fitch and "A-X0" by S&Pxy Moody's, or otherwise acceptable to the Rating Agencies as evidenced by a Rating x Xxxxng Agency Confirmation. If such corporation, national bank or national banking association publishes reports of condition at least annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then, for the purposes of this Section, the combined capital and surplus of such corporation, national bank or national banking association shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. In case at any time the Trustee shall cease to be eligible in accordance with provisions of this Section, the Trustee shall resign immediately in the manner and with the effect specified in Section 7.6.