Common use of Eligibility Requirements for Trustee Clause in Contracts

Eligibility Requirements for Trustee. The Trustee and any successor Trustee shall during the entire duration of this Agreement be a state bank or trust company or a national banking association organized and doing business under the laws of a state or the United States of America, authorized under such laws to exercise corporate trust powers, having a combined capital and surplus and undivided profits of at least $50,000,000, subject to supervision or examination by federal or state authority and rated “BBB” or higher by Fitch with respect to their long-term rating and rated “BBB” or higher by S&P and “Baa2” or higher by Xxxxx’x with respect to any outstanding long-term unsecured unsubordinated debt, and, in the case of a successor Trustee other than pursuant to Section 9.10, rated in one of the two highest long-term debt categories by each Rating Agency (at least “AA-” in the case of S&P) or otherwise acceptable to, each of the Rating Agencies and have a short-term debt rating of at least “A-1” from S&P, or otherwise acceptable to, S&P. The Trustee shall not be an Affiliate of the Master Servicer. If the Trustee 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 9.06 the combined capital and surplus of such corporation shall be deemed to be its total equity capital (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 the provisions of this Section 9.06, the Trustee shall resign immediately in the manner and with the effect specified in Section 9.08.

Appears in 44 contracts

Samples: Pooling and Servicing Agreement (Saco I Trust, 2005-Wm1), Pooling and Servicing Agreement (Bear Stearns Mortgage Funding Trust 2006-Sl5), Pooling and Servicing Agreement (Bear Stearns Mortgage Funding Trust 2007-Sl2)

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Eligibility Requirements for Trustee. The Trustee hereunder shall at all times be (a) an institution the deposits of which are fully insured by the FDIC and any successor Trustee shall during the entire duration of this Agreement be (b) a state bank corporation or trust company or a national banking association organized and doing business under the laws of a state or the United States of AmericaAmerica or of any State, authorized under such laws to exercise corporate trust powers, having a combined capital and surplus of not less than $50,000,000 and undivided profits of at least $50,000,000, subject to supervision or examination by federal Federal or state State authority and rated “BBB” or higher by Fitch (c) with respect to their long-term rating and rated “BBB” or higher by S&P and “Baa2” or higher by Xxxxx’x with respect to any outstanding every successor trustee hereunder either an institution (i) the long-term unsecured unsubordinated debt, and, debt obligations of which are rated at least "A" by Fitch and at least "A2" by Moody's or (ii) whose serving as Trustee hereunder would not result in the case of a successor Trustee other than pursuant to Section 9.10, rated in one xxx xxxering of the two highest long-term debt categories by each Rating Agency (at least “AA-” in the case ratings originally assigned to any Class of S&P) or otherwise acceptable to, each of the Rating Agencies and have a short-term debt rating of at least “A-1” from S&P, or otherwise acceptable to, S&P. Certificates. The Trustee shall not be an Affiliate affiliate of the Master Depositor or the Servicer. If the Trustee such corporation or 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 9.06 9.05, the combined capital and surplus of such corporation or banking association shall be deemed to be its total equity capital (combined capital and surplus) 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 the provisions provision of this Section 9.069.05, the Trustee shall resign immediately in the manner and with the effect specified in Section 9.089.06.

Appears in 27 contracts

Samples: Pooling and Servicing Agreement (Banc of America Alternative Loan Trust Mortgage Pass-Through Certificates Series 2005-11), Pooling and Servicing Agreement (Banc of America Alternative Loan Trust Mortgage Pass-Through Certificates Series 2005-6), Pooling and Servicing Agreement (Banc of America Mortgage Securities Mortgage Pass-Through Certificates Series 2005-C)

Eligibility Requirements for Trustee. The Trustee hereunder shall at all times be (a) an institution the deposits of which are fully insured by the FDIC and any successor Trustee shall during the entire duration of this Agreement be (b) a state bank corporation or trust company or a national banking association organized and doing business under the laws of a state or the United States of AmericaAmerica or of any State, authorized under such laws to exercise corporate trust powers, having a combined capital and surplus of not less than $50,000,000 and undivided profits of at least $50,000,000, subject to supervision or examination by federal Federal or state State authority and rated “BBB” or higher by Fitch (c) with respect to their long-term rating and rated “BBB” or higher by S&P and “Baa2” or higher by Xxxxx’x with respect to any outstanding every successor trustee hereunder either an institution (i) the long-term unsecured unsubordinated debt, and, debt obligations of which are rated at least "A" by S&P and Fitch or (ii) whose serving as Trustee hereunder would not result in the case of a successor Trustee other than pursuant to Section 9.10, rated in one lowering of the two highest long-term debt categories by each Rating Agency (at least “AA-” in the case ratings originally assigned to any Class of S&P) or otherwise acceptable to, each of the Rating Agencies and have a short-term debt rating of at least “A-1” from S&P, or otherwise acceptable to, S&P. Certificates. The Trustee shall not be an Affiliate affiliate of the Master Depositor or the Servicer. If the Trustee such corporation or 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 9.06 9.05, the combined capital and surplus of such corporation or banking association shall be deemed to be its total equity capital (combined capital and surplus) 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 the provisions provision of this Section 9.069.05, the Trustee shall resign immediately in the manner and with the effect specified in Section 9.089.06.

Appears in 20 contracts

Samples: Pooling and Servicing Agreement (Bank of America Mortgage Securities Inc 2002 B), Pooling and Servicing Agreement (Banc of America Mortgage Securities Mortgage Pass-Through Certificates Series 2004-11Trust), Pooling and Servicing Agreement (Bank of America Mortgage Securities Inc 2001-H)

Eligibility Requirements for Trustee. The Trustee and any successor Trustee shall during the entire duration of this Agreement be a state bank or trust company or a national banking association organized and doing business under the laws of a state or the United States of America, authorized under such laws to exercise corporate trust powers, having a combined capital and surplus and undivided profits of at least $50,000,000, subject to supervision or examination by federal or state authority and rated “BBB” or higher by Fitch with respect to their long-term rating and rated “BBB” or higher by S&P and “Baa2” or higher by Xxxxx’x Mxxxx’x with respect to any outstanding long-term unsecured unsubordinated debt, and, in the case of a successor Trustee other than pursuant to Section 9.10, rated in one of the two highest long-term debt categories by each Rating Agency (at least “AA-” in the case of S&P) or otherwise acceptable to, each of the Rating Agencies and have a short-term debt rating of at least “A-1” from S&P, or otherwise acceptable to, S&P. The Trustee shall not be an Affiliate of the Master Servicer. If the Trustee 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 9.06 the combined capital and surplus of such corporation shall be deemed to be its total equity capital (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 the provisions of this Section 9.06, the Trustee shall resign immediately in the manner and with the effect specified in Section 9.08.

Appears in 8 contracts

Samples: Pooling and Servicing Agreement (Bear Stearns Mortgage Funding Trust 2006-Sl1), Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2007-He5), Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2006-Aq1)

Eligibility Requirements for Trustee. The Trustee and any successor Trustee hereunder shall during the entire duration of this Agreement at all times be a state bank or trust company or a national banking association an entity duly organized and doing business validly existing under the laws of a state or the United States of AmericaAmerica or any state thereof, authorized under such laws to exercise corporate trust powers, having a combined capital and surplus and undivided profits of at least $50,000,00050,000,000 and a minimum long-term debt rating of "Baa3" by Xxxxx'x, a long-term debt rating of at least "A-" and a short-term debt rating of at least "A-1" by S&P, if rated by S&P, and subject to supervision or examination by federal or state authority and rated “BBB” or higher by Fitch with respect to their long-term rating and rated “BBB” or higher by S&P and “Baa2” or higher by Xxxxx’x with respect to any outstanding long-term unsecured unsubordinated debt, and, in the case of a successor Trustee other than pursuant to Section 9.10, rated in one of the two highest long-term debt categories by each Rating Agency (at least “AA-” in the case of S&P) or otherwise acceptable to, each of the Rating Agencies and have a short-term debt rating of at least “A-1” from S&P, or otherwise acceptable to, S&P. The Trustee shall not be an Affiliate of the Master Servicerauthority. If the Trustee such entity 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 9.06 8.06, the combined capital and surplus of such corporation entity shall be deemed to be its total equity capital (combined capital and surplus) surplus as set forth in its most recent report of condition so published. The principal office of the Trustee (other than the initial Trustee) shall be in a state with respect to which an Opinion of Counsel has been delivered to such Trustee and the NIMS Insurer at the time such Trustee is appointed Trustee to the effect that the Trust will not be a taxable entity under the laws of such state. In case at any time the Trustee shall cease to be eligible in accordance with the provisions of this Section 9.068.06, the Trustee shall resign immediately in the manner and with the effect specified in Section 9.088.07.

Appears in 8 contracts

Samples: Pooling and Servicing Agreement (Option One Mortgage Accept Corp Asset-Backed Cert Se 2002-6), Pooling and Servicing Agreement (Option One Mortgage Accept Corp Asset Backed Cer Ser 2002-4), Pooling and Servicing Agreement (Option One Mortgage Loan Tr 2002-1 as-BCKD Cert Ser 2002-1)

Eligibility Requirements for Trustee. The Trustee hereunder shall at all times be (a) an institution the deposits of which are fully insured by the FDIC and any successor Trustee shall during the entire duration of this Agreement be (b) a state bank corporation or trust company or a national banking association organized and doing business under the laws of a state or the United States of AmericaAmerica or of any State, authorized under such laws to exercise corporate trust powers, having a combined capital and surplus of not less than $50,000,000 and undivided profits of at least $50,000,000, subject to supervision or examination by federal Federal or state State authority and rated “BBB” or higher by Fitch (c) with respect to their long-term rating and rated “BBB” or higher by S&P and “Baa2” or higher by Xxxxx’x with respect to any outstanding every successor trustee hereunder either an institution (i) the long-term unsecured unsubordinated debt, and, debt obligations of which are rated at least "A" by Fitch and S&P or (ii) whose serving as Trustee hereunder would not result in the case of a successor Trustee other than pursuant to Section 9.10, rated in one lowering of the two highest long-term debt categories by each Rating Agency (at least “AA-” in the case ratings originally assigned to any Class of S&P) or otherwise acceptable to, each of the Rating Agencies and have a short-term debt rating of at least “A-1” from S&P, or otherwise acceptable to, S&P. Certificates. The Trustee shall not be an Affiliate affiliate of the Master ServicerDepositor or Bank of America. If the Trustee such corporation or 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 9.06 9.05, the combined capital and surplus of such corporation or banking association shall be deemed to be its total equity capital (combined capital and surplus) 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 the provisions provision of this Section 9.069.05, the Trustee shall resign immediately in the manner and with the effect specified in Section 9.089.06.

Appears in 7 contracts

Samples: Pooling and Servicing Agreement (Banc of America Mort Sec Inc Mort Pass THR Certs Ser 2003-3), Pooling and Servicing Agreement (Banc of America Mortgage Securities Mortgage Pass-Through Certificates Series 2004-E), Pooling and Servicing Agreement (Banc of America Mort Sec Inc Mort Ps THR Certs Ser 2003-4)

Eligibility Requirements for Trustee. The Trustee and any successor Trustee shall during the entire duration of this Agreement be a state bank or trust company or a national banking association organized and doing business under the laws of a state or the United States of America, authorized under such laws to exercise corporate trust powers, having a combined capital and surplus and undivided profits of at least $40,000,000 or, in the case of a successor Trustee, $50,000,000, subject to supervision or examination by federal or state authority and and, in the case of the Trustee, rated “BBB” or higher by Fitch Fitch, Inc. with respect to their long-term rating and rated “BBB” or higher by S&P Standard & Poor’s and “Baa2” or higher by Xxxxx’x Moody’s with respect to any outstanding long-term unsecured unsubordinated debt, and, in the case of a successor Trustee other than pursuant to Section 9.1010.10, rated in one of the two highest long-term debt categories by each Rating Agency (at least “AA-” in the case of S&P) of, or otherwise acceptable to, each of the Rating Agencies and have a short-term debt rating of at least “A-1” from S&P, or otherwise acceptable to, S&P. (which consent shall not be unreasonably withheld). The Trustee shall not be an Affiliate of the Master Servicer. If the Trustee 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 9.06 10.06 the combined capital and surplus of such corporation shall be deemed to be its total equity capital (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 the provisions of this Section 9.0610.06, the Trustee shall resign immediately in the manner and with the effect specified in Section 9.0810.08.

Appears in 5 contracts

Samples: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2007-Ac5), Pooling and Servicing Agreement (Bear Stearns Mortgage Funding Trust 2006-Ac1), Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2007-Ac3)

Eligibility Requirements for Trustee. The Trustee hereunder shall at all times be (a) an institution the deposits of which are fully insured by the FDIC and any successor Trustee shall during the entire duration of this Agreement be (b) a state bank corporation or trust company or a national banking association organized and doing business under the laws of a state or the United States of AmericaAmerica or of any State, authorized under such laws to exercise corporate trust powers, having a combined capital and surplus of not less than $50,000,000 and undivided profits of at least $50,000,000, subject to supervision or examination by federal Federal or state State authority and rated “BBB” or higher by Fitch (c) with respect to their long-term rating and rated “BBB” or higher by S&P and “Baa2” or higher by Xxxxx’x with respect to any outstanding every successor trustee hereunder either an institution (i) the long-term unsecured unsubordinated debt, and, debt obligations of which are rated at least "A" by S&P and Fitch or (ii) whose serving as Trustee hereunder would not result in the case of a successor Trustee other than pursuant to Section 9.10, rated in one lowering of the two highest long-term debt categories by each Rating Agency (at least “AA-” in the case ratings originally assigned to any Class of S&P) or otherwise acceptable to, each of the Rating Agencies and have a short-term debt rating of at least “A-1” from S&P, or otherwise acceptable to, S&P. Certificates. The Trustee shall not be an Affiliate affiliate of the Master ServicerDepositor or Bank of America. If the Trustee such corporation or 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 9.06 9.05, the combined capital and surplus of such corporation or banking association shall be deemed to be its total equity capital (combined capital and surplus) 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 the provisions provision of this Section 9.069.05, the Trustee shall resign immediately in the manner and with the effect specified in Section 9.089.06.

Appears in 5 contracts

Samples: Pooling and Servicing Agreement (Banc of America Mortgage Securities Pass Thru Cert 2003-6), Pooling and Servicing Agreement (Banc of America Mort Sec Inc Mort Ps THR Certs Ser 2004-1), Pooling and Servicing Agreement (Banc of America Mortgage Securities Mortgage Pass-Through Certificates Series 2004-4)

Eligibility Requirements for Trustee. The Trustee hereunder shall at all times be (a) an institution the deposits of which are fully insured by the FDIC and any successor Trustee shall during the entire duration of this Agreement be (b) a state bank corporation or trust company or a national banking association organized and doing business under the laws of a state or the United States of AmericaAmerica or of any State, authorized under such laws to exercise corporate trust powers, having a combined capital and surplus of not less than $50,000,000 and undivided profits of at least $50,000,000, subject to supervision or examination by federal Federal or state State authority and rated “BBB” or higher by Fitch (c) with respect to their long-term rating and rated “BBB” or higher by S&P and “Baa2” or higher by Xxxxx’x with respect to any outstanding every successor trustee hereunder either an institution (i) the long-term unsecured unsubordinated debt, and, debt obligations of which are rated at least "A" by S&P and "A" by Fitch or (ii) whose serving as Trustee hereunder would not result in the case of a successor Trustee other than pursuant to Section 9.10, rated in one lowering of the two highest long-term debt categories by each Rating Agency (at least “AA-” in the case ratings originally assigned to any Class of S&P) or otherwise acceptable to, each of the Rating Agencies and have a short-term debt rating of at least “A-1” from S&P, or otherwise acceptable to, S&P. Certificates. The Trustee shall not be an Affiliate affiliate of the Master Depositor or any Servicer. If the Trustee such corporation or 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 9.06 9.05, the combined capital and surplus of such corporation or banking association shall be deemed to be its total equity capital (combined capital and surplus) 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 the provisions provision of this Section 9.069.05, the Trustee shall resign immediately in the manner and with the effect specified in Section 9.089.06.

Appears in 4 contracts

Samples: Pooling and Servicing Agreement (Bank of America Mort Sec Inc Mort Pass THR Cert Ser 1999-10), Pooling and Servicing Agreement (Bank of America Mort Secs Inc Mort Pas Thru Cert Ser 1999-8), Pooling and Servicing Agreement (Bank of America Mort Sec Inc Mort Pas Thru Cert Ser 1999-11)

Eligibility Requirements for Trustee. The Trustee and any successor Trustee shall during the entire duration of this Agreement be a state bank or trust company or a national banking association organized and doing business under the laws of a state or the United States of America, authorized under such laws to exercise corporate trust powers, having a combined capital and surplus and undivided profits of at least $50,000,000, subject to supervision or examination by federal or state authority and rated “BBB” or higher by Fitch with respect to their long-term rating and rated “BBB” or higher by S&P and “Baa2” or higher by Xxxxx’x with respect to any outstanding long-term unsecured unsubordinated debt, and, in the case of a successor Trustee other than pursuant to Section 9.1010.10, rated in one of the two highest long-term debt categories by each Rating Agency (at least “AA-” in the case of S&P) or otherwise acceptable to, each of the Rating Agencies and have a short-term debt rating of at least “A-1” from S&P, or otherwise acceptable to, S&P. The Trustee shall not be an Affiliate of the Master Servicer. If the Trustee 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 9.06 10.06 the combined capital and surplus of such corporation shall be deemed to be its total equity capital (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 the provisions of this Section 9.0610.06, the Trustee shall resign immediately in the manner and with the effect specified in Section 9.0810.08.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2007-He6), Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2007-He6), Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2007-He7)

Eligibility Requirements for Trustee. The Trustee hereunder shall at all times be (a) an institution the deposits of which are fully insured by the FDIC and any successor Trustee shall during the entire duration of this Agreement be (b) a state bank corporation or trust company or a national banking association organized and doing business under the laws of a state or the United States of AmericaAmerica or of any State, authorized under such laws to exercise corporate trust powers, having a combined capital and surplus of not less than $50,000,000 and undivided profits of at least $50,000,000, subject to supervision or examination by federal Federal or state State authority and rated “BBB” or higher by Fitch (c) with respect to their long-term rating and rated “BBB” or higher by S&P and “Baa2” or higher by Xxxxx’x with respect to any outstanding every successor trustee hereunder either an institution (i) the long-term unsecured unsubordinated debt, and, debt obligations of which are rated at least "A" by Fitch and "A2" by Xxxxx'x or (ii) whose serving as Trustee hereunder would not result in the case of a successor Trustee other than pursuant to Section 9.10, rated in one lowering of the two highest long-term debt categories by each Rating Agency (at least “AA-” in the case ratings originally assigned to any Class of S&P) or otherwise acceptable to, each of the Rating Agencies and have a short-term debt rating of at least “A-1” from S&P, or otherwise acceptable to, S&P. Certificates. The Trustee shall not be an Affiliate affiliate of the Master Depositor or the Servicer. If the Trustee such corporation or 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 9.06 9.05, the combined capital and surplus of such corporation or banking association shall be deemed to be its total equity capital (combined capital and surplus) 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 the provisions provision of this Section 9.069.05, the Trustee shall resign immediately in the manner and with the effect specified in Section 9.089.06.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Bank of America Mortgage Sec Inc Mort Ps THR Cert 2002-I), Pooling and Servicing Agreement (Bank of America Mortgage Securities Inc M Pa Th Ce Se 2002-H), Pooling and Servicing Agreement (Bank of America Mortgage Sec Inc Mor Pa Th Cert Ser 2002-F)

Eligibility Requirements for Trustee. The Trustee and any successor Trustee shall during the entire duration of this Agreement hereunder shall, at all times, be a state bank corporation or trust company or a national banking association organized and doing business under the laws of a state or the United States of America, authorized under such laws to exercise corporate trust powers, powers having a combined capital and surplus and undivided profits of at least $50,000,000, subject to supervision or examination by federal or state authority and rated “BBB” or higher by Fitch with respect to their a long-term deposit rating of at least "A2" by Xxxxx'x and rated “BBB” or higher "A" by S&P and “Baa2” or higher by Xxxxx’x with respect to any outstanding long-term unsecured unsubordinated debt, and, in the case of a successor Trustee other than trustee appointed pursuant to Section 9.10, rated in one 8.08 of the two highest long-term debt categories by each Rating Agency (at least “AA-” in the case of S&P) or otherwise acceptable to, each of the Rating Agencies and this Agreement shall have a short-term debt S&P rating of at least "A-1” from S&P, or otherwise acceptable to, S&P. The Trustee shall not be an Affiliate of the Master Servicer". If the Trustee such corporation or 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 9.06 8.07 the combined capital and surplus of such corporation or association shall be deemed to be its total equity capital (combined capital and surplus) 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 the provisions of this Section 9.068.07, the Trustee shall resign immediately in the manner and with the effect specified in Section 9.088.08 hereof. The corporation or national banking association serving as Trustee may have normal banking and trust relationships with the Depositor, the NIMs Insurer and their respective Affiliates; provided, however, that such corporation cannot be an Affiliate of the Servicer.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Trust, Series 2006-He6), Pooling and Servicing Agreement (Mortgage Loan Asset-Backed Certificates, Series 2006-He3), Pooling and Servicing Agreement (Mortgage Loan Asset-Backed Certificates, Series 2006-He4)

Eligibility Requirements for Trustee. The Trustee and any successor Trustee ------------------------------------ hereunder shall during the entire duration of this Agreement at all times be a state bank corporation (including a banking corporation) or trust company or a national banking association organized and doing business under the laws of a state or the United States of America, or any state thereof authorized under such laws to exercise corporate trust powers, having a combined capital and surplus and undivided profits of at least $50,000,000, a rating as to its long-term unsecured debt obligations of at least Baa3 by Moody's (if Moody's shall then be a Rating Agency) and BBB- by Standard & Poor's (if Standard & Poor's shall then be a Rating Agency) and a rating as to its short-term deposits or long-term unsecured debt obligations that satisfies the rating requirement of any other Rating Agency assigning a rating for any Class of Investor Certificates of any then outstanding Series and subject to supervision or examination by federal Federal or state authority and rated “BBB” or higher by Fitch with respect to their long-term rating and rated “BBB” or higher by S&P and “Baa2” or higher by Xxxxx’x with respect to any outstanding long-term unsecured unsubordinated debt, and, in the case of a successor Trustee other than pursuant to Section 9.10, rated in one of the two highest long-term debt categories by each Rating Agency (at least “AA-” in the case of S&P) or otherwise acceptable to, each of the Rating Agencies and have a short-term debt rating of at least “A-1” from S&P, or otherwise acceptable to, S&P. The Trustee shall not be an Affiliate of the Master Servicerauthority. If the Trustee such corporation 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 purpose of this Section 9.06 11.6, the combined capital and surplus of such corporation or national banking association shall be deemed to be its total equity capital (combined capital and surplus) 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 the provisions of this Section 9.0611.6, the Trustee shall resign immediately in the manner and with the effect specified in Section 9.0811.7.

Appears in 2 contracts

Samples: Master Pooling and Servicing Agreement (Circuit City Credit Card Master Trust), Servicing Agreement (Fnanb Credit Card Master Trust)

Eligibility Requirements for Trustee. The Trustee hereunder shall at all times be (a) an institution the deposits of which are fully insured by the FDIC and any successor Trustee shall during the entire duration of this Agreement be (b) a state bank corporation or trust company or a national banking association organized and doing business under the laws of a state or the United States of AmericaAmerica or of any State, authorized under such laws to exercise corporate trust powers, having a combined capital and surplus of not less than $50,000,000.00 and undivided profits of at least $50,000,000, subject to supervision or examination by federal Federal or state State authority and rated “BBB” or higher by Fitch (c) with respect to their long-term rating and rated “BBB” or higher by S&P and “Baa2” or higher by Xxxxx’x with respect to any outstanding every successor trustee hereunder either an institution (i) the long-term unsecured unsubordinated debt, and, debt obligations of which are rated at least "A" by both Fitch and S&P or (ii) whose serving as Trustee hereunder would not result in the case of a successor Trustee other than pursuant to Section 9.10, rated in one lowering of the two highest long-term debt categories by each Rating Agency (at least “AA-” in the case ratings originally assigned to any Class of S&P) or otherwise acceptable to, each of the Rating Agencies and have a short-term debt rating of at least “A-1” from S&P, or otherwise acceptable to, S&P. Certificates. The Trustee shall not be an Affiliate affiliate of the Master Depositor or the Servicer. If the Trustee such corporation or 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 9.06 9.05, the combined capital and surplus of such corporation or banking association shall be deemed to be its total equity capital (combined capital and surplus) surplus as set forth in its most recent report of condition so published. The principal office of the Trustee (other than the initial Trustee) shall be in a state with respect to which an Opinion of Counsel has been delivered to such Trustee at the time such Trustee is appointed Trustee to the effect that the Trust will not be a taxable entity under the laws of such state. In case at any time the Trustee shall cease to be eligible in accordance with the provisions provision of this Section 9.069.05, the Trustee shall resign immediately in the manner and with the effect specified in Section 9.089.06.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Banc of America Funding 2006-E Trust), Pooling and Servicing Agreement (Banc of America Funding Corp)

Eligibility Requirements for Trustee. The Trustee and any successor Trustee shall during the entire duration of this Agreement be a state bank or trust company or a national banking association organized and doing business under the laws of a state or the United States of America, authorized under such laws to exercise corporate trust powers, having a combined capital and surplus and undivided profits of at least $50,000,000, subject to supervision or examination by federal or state authority and rated “BBB” or higher by Fitch with respect to their long-term rating and rated “BBB” or higher by S&P and “Baa2” or higher by Xxxxx’x with Mooxx’x xxth respect to any outstanding long-term unsecured unsubordinated debt, and, in the case of a successor Trustee other than pursuant to Section 9.10, rated in one of the two highest long-term debt categories by each Rating Agency (at least “AA-” in the case of S&P) or otherwise acceptable to, each of the Rating Agencies and have a short-term debt rating of at least “A-1” from S&P, or otherwise acceptable to, S&P. The Trustee shall not be an Affiliate of the Master Servicer. If the Trustee 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 9.06 the combined capital and surplus of such corporation shall be deemed to be its total equity capital (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 the provisions of this Section 9.06, the Trustee shall resign immediately in the manner and with the effect specified in Section 9.08.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Bsabs 2006-He8), Pooling and Servicing Agreement (Bear Stearns Mortgage Funding Trust 2006-Sl4)

Eligibility Requirements for Trustee. The Trustee and any successor Trustee shall during the entire duration of this Agreement be a state bank or trust company or a national banking association organized and doing business under the laws of a state or the United States of America, authorized under such laws to exercise corporate trust powers, having a combined capital and surplus and undivided profits of at least $50,000,000, subject to supervision or examination by federal or state authority and rated "BBB" or higher by Fitch with respect to their long-term rating and rated "BBB" or higher by S&P and "Baa2" or higher by Xxxxx’x Moody's with respect to any respecx xx xxy outstanding long-term unsecured unsubordinated debt, and, in the case of a successor Trustee other than pursuant to Section 9.10, rated in one of the two highest long-term debt categories by each Rating Agency (at least "AA-" in the case of S&P) or otherwise acceptable to, each of the Rating Agencies and have a short-term debt rating of at least "A-1" from S&P, or otherwise acceptable to, S&P. The Trustee shall not be an Affiliate of the Master Servicer. If the Trustee 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 9.06 the combined capital and surplus of such corporation shall be deemed to be its total equity capital (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 the provisions of this Section 9.06, the Trustee shall resign immediately in the manner and with the effect specified in Section 9.08.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2006-He2), Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2005-He1)

Eligibility Requirements for Trustee. The Trustee and any successor Trustee hereunder shall during the entire duration of this Agreement at all times be a state bank or trust company corporation or a national banking association having its principal office in a state and city acceptable to the Company and organized and doing business under the laws of a state or the United States of AmericaAmerica or any State, authorized under such laws to exercise corporate trust powers, having and, approved for insurance by the Secretary of Housing and Urban Development pursuant to Section 2 of the National Housing Act, and shall have a combined capital and surplus and undivided profits of at least $50,000,00050,000,000 or shall be a member of a bank holding system the aggregate combined capital and surplus of which is $50,000,000 provided that the Trustee's separate capital and surplus shall at all times be at least the amount required by Section 310(a)(2) of the Trustee Indenture Act of 1939, as amended and the Trustee shall be subject to supervision or and examination by a federal or state authority and rated “BBB” or higher by Fitch with respect to their long-term rating and rated “BBB” or higher by S&P and “Baa2” or higher by Xxxxx’x with respect to any outstanding long-term unsecured unsubordinated debt, and, in the case of a successor Trustee other than pursuant to Section 9.10, rated in one of the two highest long-term debt categories by each Rating Agency (at least “AA-” in the case of S&P) or otherwise acceptable to, each of the Rating Agencies and have a short-term debt rating of at least “A-1” from S&P, or otherwise acceptable to, S&P. The Trustee shall not be an Affiliate of the Master Servicerhaving jurisdiction over depositary institutions. If the Trustee such corporation publishes reports of condition at least annually, pursuant to law or to the requirements of the aforesaid a supervising or examining authority, then for the purposes of this Section 9.06 11.06, the combined capital and surplus of such corporation shall Personshall be deemed to be its total equity capital (combined capital and surplus) surplus as set forth in its most recent report of condition so published. In addition, the Trustee shall at all times have a long-term deposit rating of at least Baa3 and BBB, by Xxxxx'x and Standard & Poor's, respectively, or a short-term debt rating of at least P-3 and A-3 by Xxxxx'x and Standard & Poor's, respectively, or as such Rating Agency shall otherwise deem acceptable. In case at any time the Trustee shall cease to be eligible in accordance with the provisions of this Section 9.0611.06, the Trustee shall resign immediately in the manner and with the effect specified in Section 9.0811.07.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Cit Group Securitization Corp Ii)

Eligibility Requirements for Trustee. The Trustee and any successor Trustee hereunder shall during the entire duration of this Agreement at all times be a state bank corporation or trust company or a national banking association organized and doing business under the laws of a any state or the United States of America, authorized under such laws to exercise corporate trust powerspowers and to accept the trust conferred under this Agreement, having a combined capital and surplus and undivided profits of at least $50,000,00050,000,000 and, at any time when there is no Fiscal Agent appointed and acting hereunder or any such Fiscal Agent so appointed has a rating on its long-term unsecured debt that is lower than "AA" by Fitch and S&P (without regard to any plus or minus or numeric qualifier), or fails to meet different standards provided that each Rating Agency shall have confirmed in writing that such different standards would not, in and of itself, result in a downgrade, qualification or withdrawal of the then current ratings assigned to the Certificates, a rating on its unsecured long-term debt of at least "AA" by Fitch and S&P, and subject to supervision or examination by federal or state authority and rated “BBB” or higher by Fitch with respect to their long-term rating and rated “BBB” or higher by S&P and “Baa2” or higher by Xxxxx’x with respect to any outstanding long-term unsecured unsubordinated debt, and, in the case of a successor Trustee other than pursuant to Section 9.10, rated in one of the two highest long-term debt categories by each Rating Agency (at least “AA-” in the case of S&P) or otherwise acceptable to, each of the Rating Agencies and have a short-term debt rating of at least “A-1” from S&P, or otherwise acceptable to, S&P. The Trustee shall not be an Affiliate of the Master ServicerServicer or Special Servicer (except during any period when the Trustee has assumed the duties of the Master Servicer or Special Servicer pursuant to Section 7.02); provided that, notwithstanding that the long-term unsecured debt of the Trustee and the Fiscal Agent are not rated by S&P and Fitch, the Trustee shall not fail to qualify as Trustee solely by virtue of the lack of such ratings until such time as either S&P or Fitch shall notify the Trustee, the Master Servicer and the Special Servicer in writing that the Trustee is no longer exempt from the foregoing rating requirements imposed by this sentence. If the Trustee a corporation or 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 9.06 the combined capital and surplus of such corporation shall be deemed to be its total equity capital (combined capital and surplus) surplus as set forth in its most recent report of condition so published. In the event that the place of business from which the Trustee administers the Trust Fund is a state or local jurisdiction that imposes a tax on the Trust Fund or the net income of a REMIC (other than a tax corresponding to a tax imposed under the REMIC Provisions) the Trustee shall elect either to (i) resign immediately in the manner and with the effect specified in Section 8.07, (ii) pay such tax and continue as Trustee or (iii) administer the Trust Fund from a state and local jurisdiction that does not impose such a tax. In case at any time the Trustee shall cease to be eligible in accordance with the provisions of this Section 9.06Section, the Trustee shall resign immediately in the manner and with the effect specified in Section 9.088.07.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Amresco Commercial Mortgage Funding I Corp)

Eligibility Requirements for Trustee. The Trustee and any successor Trustee shall during the entire duration of this Agreement be a state bank or trust company or a national banking association organized and doing business under the laws of a state or the United States of America, authorized under such laws to exercise corporate trust powers, having a combined capital and surplus and undivided profits of at least $50,000,000, subject to supervision or examination by federal or state authority and rated "BBB" or higher by Fitch with respect to their long-term rating and rated "BBB" or higher by S&P and "Baa2" or higher by Xxxxx’x Xxxxx'x with respect to any outstanding long-term unsecured unsubordinated debt, and, in the case of a successor Trustee other than pursuant to Section 9.10, rated in one of the two highest long-term debt categories by each Rating Agency (at least "AA-" in the case of S&P) or otherwise acceptable to, each of the Rating Agencies and have a short-term debt rating of at least "A-1" from S&P, or otherwise acceptable to, S&P. The Trustee shall not be an Affiliate of the Master Servicer. If the Trustee 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 9.06 the combined capital and surplus of such corporation shall be deemed to be its total equity capital (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 the provisions of this Section 9.06, the Trustee shall resign immediately in the manner and with the effect specified in Section 9.08.

Appears in 1 contract

Samples: Custodial Agreement (Bear Stearns Asset Backed Securities I Trust 2005-He2)

Eligibility Requirements for Trustee. The Trustee hereunder shall at all times be (a) an institution the deposits of which are fully insured by the FDIC and any successor Trustee shall during the entire duration of this Agreement be (b) a state bank corporation or trust company or a national banking association organized and doing business under the laws of a state or the United States of AmericaAmerica or of any State, authorized under such laws to exercise corporate trust powers, having a combined capital and surplus of not less than $50,000,000 and undivided profits of at least $50,000,000, subject to supervision or examination by federal Federal or state State authority and rated “BBB” or higher by Fitch (c) with respect to their long-term rating and rated “BBB” or higher by S&P and “Baa2” or higher by Xxxxx’x with respect to any outstanding every successor trustee hereunder either an institution (i) the long-term unsecured unsubordinated debt, and, debt obligations of which are rated at least "A" by Fitch and Moody's or (ii) whose serving as Trustee hereunder would not result in the case of a successor Trustee other than pursuant to Section 9.10, rated in one xxx xxxering of the two highest long-term debt categories by each Rating Agency (at least “AA-” in the case ratings originally assigned to any Class of S&P) or otherwise acceptable to, each of the Rating Agencies and have a short-term debt rating of at least “A-1” from S&P, or otherwise acceptable to, S&P. Certificates. The Trustee shall not be an Affiliate affiliate of the Master ServicerDepositor or the Bank of America. If the Trustee such corporation or 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 9.06 9.05, the combined capital and surplus of such corporation or banking association shall be deemed to be its total equity capital (combined capital and surplus) 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 the provisions provision of this Section 9.069.05, the Trustee shall resign immediately in the manner and with the effect specified in Section 9.089.06.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Banc of America Mortgage Sec Inc MRT Pas THR Cert Ser 2003-A)

Eligibility Requirements for Trustee. The Trustee and any successor Trustee shall during the entire duration of this Agreement be a state bank or trust company or a national banking association organized and doing business under the laws of a state or the United States of America, authorized under such laws to exercise corporate trust powers, having a combined capital and surplus and undivided profits of at least $40,000,000 or, in the case of a successor Trustee, $50,000,000, subject to supervision or examination by federal or state authority and and, in the case of the Trustee, rated “BBB” "A-1" or higher by Fitch S&P with respect to their longany outstanding short-term rating unsecured, unsubordinated debt, deposit or similar obligation, and rated “"BBB" or higher by S&P and “Baa2” or higher by Xxxxx’x Fitch with respect to any outstanding long-term unsecured unsecured, unsubordinated debt, and, in the case of a successor Trustee other than pursuant to Section 9.10, rated in one of the two highest long-term debt categories by each Rating Agency (at least “AA-” in the case of S&P) of, or otherwise acceptable to, each of the Rating Agencies and have a short-term debt rating of at least “A-1” from S&PAgencies. Except to the extent the Trustee is serving as successor master servicer, or otherwise acceptable to, S&P. The the Trustee shall not be an Affiliate of the Master Servicer. If the Trustee 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 9.06 the combined capital and surplus of such corporation entity shall be deemed to be its total equity capital (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 the provisions of this Section 9.06, the Trustee shall resign immediately in the manner and with the effect specified in Section 9.08.115

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities Trust 2005-3)

Eligibility Requirements for Trustee. The Trustee hereunder shall at all times be (a) an institution the deposits of which are fully insured by the FDIC and any successor Trustee shall during the entire duration of this Agreement be (b) a state bank corporation or trust company or a national banking association organized and doing business under the laws of a state or the United States of AmericaAmerica or of any State, authorized under such laws to exercise corporate trust powers, having a combined capital and surplus of not less than $50,000,000 and undivided profits of at least $50,000,000, subject to supervision or examination by federal Federal or state State authority and rated “BBB” or higher by Fitch (c) with respect to their long-term rating and rated “BBB” or higher by S&P and “Baa2” or higher by Xxxxx’x with respect to any outstanding every successor trustee hereunder either an institution (i) the long-term unsecured unsubordinated debt, and, debt obligations of which are rated at least "A" by Fitch and "A2" by Moody's or (ii) whose serving as Trustee hereunder would not result in the case of a successor Trustee other than pursuant to Section 9.10, rated in one xxx xxxering of the two highest long-term debt categories by each Rating Agency (at least “AA-” in the case ratings originally assigned to any Class of S&P) or otherwise acceptable to, each of the Rating Agencies and have a short-term debt rating of at least “A-1” from S&P, or otherwise acceptable to, S&P. Certificates. The Trustee shall not be an Affiliate affiliate of the Master ServicerDepositor or Bank of America. If the Trustee such corporation or 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 9.06 9.05, the combined capital and surplus of such corporation or banking association shall be deemed to be its total equity capital (combined capital and surplus) 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 the provisions provision of this Section 9.069.05, the Trustee shall resign immediately in the manner and with the effect specified in Section 9.089.06.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Banc of America Mortgage Securities Pass Thru Ser 2004-B)

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Eligibility Requirements for Trustee. The Trustee and any successor Trustee shall during the entire duration of this Agreement be a state bank or trust company or a national banking association organized and doing business under the laws of a state or the United States of America, authorized under such laws to exercise corporate trust powers, having a combined capital and surplus and undivided profits of at least $50,000,000, subject to supervision or examination by federal or state authority and rated "BBB" or higher by Fitch with respect to their long-term rating and rated "BBB" or higher by S&P and "Baa2" or higher by Xxxxx’x Moody's with respect to any respecx xx xxy outstanding long-term unsecured unsubordinated debt, and, in the case of a successor Trustee other than pursuant to Section 9.10, rated in one of the two highest long-term debt categories by each Rating Agency (at least "AA-" in the case of S&P) or otherwise acceptable to, each of the Rating Agencies and have a short-term debt rating of at least "A-1" from S&P, or otherwise acceptable to, S&P. The Trustee shall not be an Affiliate of the Master Servicer. If the Trustee 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 9.06 the combined capital and surplus of such corporation shall be deemed to be its total equity capital (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 the provisions of this Section 9.06, the Trustee shall resign immediately in the manner and with the effect specified in Section 9.08.119

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2004-He10)

Eligibility Requirements for Trustee. The Trustee and any successor Trustee shall during the entire duration of this Agreement be a state bank or trust company or a national banking association organized and doing business under the laws of a such state or the United States of America, authorized under such laws to exercise corporate trust powers, having a combined capital and surplus and undivided profits of at least $40,000,000 or, in the case of a successor Trustee, $50,000,000, subject to supervision or examination by federal or state authority and and, in the case of the Trustee, rated "BBB" or higher by Fitch S&P with respect to their long-term rating and rated "BBB" or higher by S&P and "Baa2" or higher by Xxxxx’x Xxxxx'x with respect to any outstanding long-term unsecured unsubordinated debt, and, in the case of a successor Trustee or successor Trustee other than pursuant to Section 9.10, rated "A-1" or higher by S&P and rated in one of the two highest long-term debt categories by each Rating Agency (at least “AA-” in the case of S&P) or otherwise acceptable to, each of the Rating Agencies and have a short-term debt rating of at least “A-1” from S&Pof, or otherwise acceptable to, S&P. The Trustee shall not be an Affiliate of the Master ServicerXxxxx'x. If the Trustee 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 9.06 the combined capital and surplus of such corporation shall be deemed to be its total equity capital (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 the provisions of this Section 9.06, the Trustee shall resign immediately in the manner and with the effect specified in Section 9.08.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (GreenPoint MTA Trust 2005-Ar5)

Eligibility Requirements for Trustee. The Trustee and any successor Trustee hereunder shall during at all times be (i) an institution whose accounts are insured by the entire duration of this Agreement be FDIC, (ii) a state bank corporation or trust company or a national banking association association, organized and doing business under the laws of a state any State or the United States of America, authorized under such laws to exercise corporate trust powers, having a combined capital and surplus of not less than $50,000,000 and undivided profits of at least $50,000,000, subject to supervision or examination by federal or state authority and rated “BBB” or higher by Fitch with respect to their long-term rating and rated “BBB” or higher by S&P and “Baa2” or higher by Xxxxx’x with respect to any outstanding long-term unsecured unsubordinated debt, and, in the case of a successor Trustee other than pursuant to Section 9.10, rated in one of the two highest long-term debt categories by each Rating Agency (at least “AA-” in the case of S&Piii) or otherwise acceptable to, each of the Rating Agencies and have a short-term debt rating of at least “A-1” from S&P, or otherwise acceptable to, S&P. The Trustee shall not be an Affiliate of the Master Servicer or any Servicer. If the Trustee such corporation 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 then, for the purposes of this Section 9.06 Section, the combined capital and surplus of such corporation or national banking association shall be deemed to be its total equity capital (combined capital and surplus) surplus as set forth in its most recent report of condition so published. In addition, the Trustee (i) may not be an originator of Mortgage Loans, the Master Servicer, a Servicer, the Depositor or an affiliate of the Depositor unless the Trustee is in an institutional trust department of the Trustee, (ii) must be authorized to exercise corporate trust powers under the laws of its jurisdiction of organization and (iii) must be rated at least “A/F1” by Fitch, if Fitch is a Rating Agency that has rated the Trustee, and “A-1” by S&P, if S&P is a Rating Agency that has rated the Trustee, or the equivalent rating by Xxxxx’x Investors Service, Inc. In case at any time the Trustee shall cease to be eligible in accordance with the provisions of this Section 9.06Section, the Trustee shall resign immediately in the manner and with the effect specified in Section 9.086.06.

Appears in 1 contract

Samples: Trust Agreement (Lehman Mortgage Trust 2008-2)

Eligibility Requirements for Trustee. The Trustee hereunder shall at all times be (a) an institution the deposits of which are fully insured by the FDIC and any successor Trustee shall during the entire duration of this Agreement be (b) a state bank corporation or trust company or a national banking association organized and doing business under the laws of a state or the United States of AmericaAmerica or of any State, authorized under such laws to exercise corporate trust powers, having a combined capital and surplus of not less than $50,000,000 and undivided profits of at least $50,000,000, subject to supervision or examination by federal Federal or state State authority and rated “BBB” or higher by Fitch (c) with respect to their long-term rating and rated “BBB” or higher by S&P and “Baa2” or higher by Xxxxx’x with respect to any outstanding every successor trustee hereunder either an institution (i) the long-term unsecured unsubordinated debt, and, debt obligations of which are rated at least "A" by S&P and Fitch or (ii) whose serving as Trustee hereunder would not result in the case of a successor Trustee other than pursuant to Section 9.10, rated in one lowering of the two highest long-term debt categories by each Rating Agency (at least “AA-” in the case ratings originally assigned to any Class of S&P) or otherwise acceptable to, each of the Rating Agencies and have a short-term debt rating of at least “A-1” from S&P, or otherwise acceptable to, S&P. Certificates. The Trustee shall not be an Affiliate affiliate of the Depositor, the Master Servicer or any Servicer. If the Trustee such corporation or 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 9.06 9.05, the combined capital and surplus of such corporation or banking association shall be deemed to be its total equity capital (combined capital and surplus) 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 the provisions provision of this Section 9.069.05, the Trustee shall resign immediately in the manner and with the effect specified in Section 9.089.06.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Banc of America Funding MTG Pass Thru Certs Ser 2003-3)

Eligibility Requirements for Trustee. The Trustee and any successor Trustee shall during the entire duration of this Agreement be a state bank or trust company or a national banking association organized and doing business under the laws of a state or the United States of America, authorized under such laws to exercise corporate trust powers, having a combined capital and surplus and undivided profits of at least $50,000,000, subject to supervision or examination by federal or state authority and rated "BBB" or higher by Fitch with respect to their long-term rating and rated "BBB" or higher by S&P and "Baa2" or higher by Xxxxx’x Moody's with respect to any xx xxx outstanding long-term unsecured unsubordinated debt, and, in the case of a successor Trustee other than pursuant to Section 9.10, rated in one of the two highest long-term debt categories by each Rating Agency (at least "AA-" in the case of S&P) or otherwise acceptable to, each of the Rating Agencies and have a short-term debt rating of at least "A-1" from S&P, or otherwise acceptable to, S&P. The Trustee shall not be an Affiliate of the Master Servicer. If the Trustee 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 9.06 the combined capital and surplus of such corporation shall be deemed to be its total equity capital (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 the provisions of this Section 9.06, the Trustee shall resign immediately in the manner and with the effect specified in Section 9.08.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I LLC Trust 2006-Ec2)

Eligibility Requirements for Trustee. The Trustee and any successor Trustee hereunder shall during at all times be (i) an institution whose accounts are insured by the entire duration of this Agreement be FDIC, (ii) a state bank corporation or trust company or a national banking association association, organized and doing business under the laws of a state any State or the United States of America, authorized under such laws to exercise corporate trust powers, having a combined capital and surplus of not less than $50,000,000 and undivided profits of at least $50,000,000, subject to supervision or examination by federal or state authority and rated “BBB” or higher by Fitch with respect to their long-term rating and rated “BBB” or higher by S&P and “Baa2” or higher by Xxxxx’x with respect to any outstanding long-term unsecured unsubordinated debt, and, in the case of a successor Trustee other than pursuant to Section 9.10, rated in one of the two highest long-term debt categories by each Rating Agency (at least “AA-” in the case of S&Piii) or otherwise acceptable to, each of the Rating Agencies and have a short-term debt rating of at least “A-1” from S&P, or otherwise acceptable to, S&P. The Trustee shall not be an Affiliate of the Master Servicer or any Servicer. If the Trustee such corporation 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 then, for the purposes of this Section 9.06 Section, the combined capital and surplus of such corporation or national banking association shall be deemed to be its total equity capital (combined capital and surplus) surplus as set forth in its most recent report of condition so published. In addition, the Trustee (i) may not be an originator of Mortgage Loans, the Master Servicer, a Servicer, the Depositor or an affiliate of the Depositor unless the Trustee is in an institutional trust department of the Trustee, (ii) must be authorized to exercise corporate trust powers under the laws of its jurisdiction of organization and (iii) must be rated at least “A/F1” by Fitch, if Fitch is a Rating Agency that has rated the Trustee, and “A-1” by S&P, if S&P is a Rating Agency that has rated the Trustee, or the equivalent rating by Mxxxx’x Investors Service, Inc. In case at any time the Trustee shall cease to be eligible in accordance with the provisions of this Section 9.06Section, the Trustee shall resign immediately in the manner and with the effect specified in Section 9.086.06.

Appears in 1 contract

Samples: Trust Agreement (Lehman Mortgage Trust 2008-6)

Eligibility Requirements for Trustee. The Trustee and any successor Trustee shall during the entire duration of this Agreement be a state bank or trust company or a national banking association organized and doing business under the laws of a state or the United States of America, authorized under such laws to exercise corporate trust powers, having a combined capital and surplus and undivided profits of at least $40,000,000 or, in the case of a successor Trustee, $50,000,000, subject to supervision or examination by federal or state authority and and, in the case of the Trustee, rated “BBB” or higher by Fitch with respect to their long-term rating and rated “BBB” or higher by S&P and “Baa2” or higher by Xxxxx’x Mxxxx’x with respect to any outstanding long-term unsecured unsubordinated debt, and, in the case of a successor Trustee other than pursuant to Section 9.1010.10, rated in one of the two highest long-term debt categories by each Rating Agency (at least “AA-” in the case of S&P) of, or otherwise acceptable to, each of the Rating Agencies and have a short-term debt rating of at least “A-1” from S&P, or otherwise acceptable to, S&P. (which consent shall not be unreasonably withheld). The Trustee shall not be an Affiliate of the Master Servicer. If the Trustee 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 9.06 10.06 the combined capital and surplus of such corporation shall be deemed to be its total equity capital (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 the provisions of this Section 9.0610.06, the Trustee shall resign immediately in the manner and with the effect specified in Section 9.0810.08.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2007-Ac6)

Eligibility Requirements for Trustee. The Trustee and any successor Trustee hereunder shall during the entire duration of this Agreement at all times be a state bank or trust company or (i) a national banking association or banking corporation or trust company organized and doing business under the laws of a any state or the United States of America, (ii) authorized under such laws to exercise corporate trust powers, (iii) having a combined capital and surplus and undivided profits of at least $50,000,00030,000,000, (iv) having unsecured and unguaranteed long-term debt obligations rated at least Baa3 by Moody's and BBB- by Duff & Phelps (provided Duff & Phelps is rating the unsecured and unguaraxxxxx long-term debt oblxxxxxxns of the Trustee), (v) is subject to supervision or examination by federal or state authority and rated “BBB” or higher by Fitch with respect to their long-term rating and rated “BBB” or higher by S&P and “Baa2” or higher by Xxxxx’x with respect to any outstanding long-term unsecured unsubordinated debt(vi) is an approved SBA guaranteed lender in good standing, and, in the case of a successor Trustee other than operating pursuant to Section 9.10, rated in one of the two highest long-term debt categories by each Rating Agency (at least “AA-” in the case of S&P) or otherwise acceptable to, each of the Rating Agencies and have a short-term debt rating of at least “A-1” from S&P, or otherwise acceptable to, S&P. The Trustee shall not be an Affiliate of the Master Servicereffective Loan Guaranty Agreement. If the Trustee such 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 9.06 the its combined capital and surplus of such corporation shall be deemed to be its total equity capital (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 the provisions of this Section 9.06Section, the Trustee shall resign immediately (a) give prompt notice that it has so ceased to be eligible to be the Trustee (which shall give prompt notice to each Certificateholder) and (b) resign, upon the request of the Majority Certificateholders, in the manner and with the effect specified in Section 9.0812.07.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Money Store Commercial Mortgage Inc)

Eligibility Requirements for Trustee. The Trustee and any successor Trustee shall during the entire duration of this Agreement be a state bank or trust company or a national banking association organized and doing business under the laws of a state or the United States of America, authorized under such laws to exercise corporate trust powers, having a combined capital and surplus and undivided profits of at least $50,000,000, subject to supervision or examination by federal or state authority and rated "BBB" or higher by Fitch with respect to their long-term rating and rated "BBB" or higher by S&P and "Baa2" or higher by Xxxxx’x Xxxxx'x with respect to any outstanding long-term unsecured unsubordinated debt, and, in the case of a successor Trustee other than pursuant to Section 9.10, rated in one of the two highest long-term debt categories by each Rating Agency (at least "AA-" in the case of S&P) or otherwise acceptable to, each of the Rating Agencies and have a short-term debt rating of at least "A-1" from S&P, or otherwise acceptable to, S&P. The Trustee shall not be an Affiliate of the Master Servicer. If the Trustee 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 9.06 the combined capital and surplus of such 118 corporation shall be deemed to be its total equity capital (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 the provisions of this Section 9.06, the Trustee shall resign immediately in the manner and with the effect specified in Section 9.08.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2004-He11)

Eligibility Requirements for Trustee. The Trustee and any successor Trustee shall during the entire duration of this Agreement be a state bank or trust company or a national banking association organized and doing business under the laws of a state or the United States of America, authorized under such laws to exercise corporate trust powers, having a combined capital and surplus and undivided profits of at least $40,000,000 or, in the case of a successor Trustee, $50,000,000, subject to supervision or examination by federal or state authority and and, in the case of the Trustee, rated “BBB” "A1" or higher by Fitch S&P with respect to their longany outstanding short-term rating unsecured, unsubordinated debt, deposit or similar obligation, and rated “"BBB" or higher by S&P and “Baa2” or higher by Xxxxx’x Fitch with respect to any outstanding long-term unsecured unsecured, unsubordinated debt, and, in the case of a successor Trustee other than pursuant to Section 9.10, rated in one of the two highest long-term debt categories by each Rating Agency (at least “AA-” in the case of S&P) of, or otherwise acceptable to, each of the Rating Agencies and have a short-term debt rating of at least “A-1” from S&PAgencies. Except to the extent the Trustee is serving as successor master servicer, or otherwise acceptable to, S&P. The the Trustee shall not be an Affiliate of the Master Servicer. If the Trustee 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 9.06 the combined capital and surplus of such corporation entity shall be deemed to be its total equity capital (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 the provisions of this Section 9.06, the Trustee shall resign immediately in the manner and with the effect specified in Section 9.08.this

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities Trust 2005-2)

Eligibility Requirements for Trustee. (a) Trustee shall at all times satisfy the requirements of TIA Section 310(a). The Trustee and any successor Trustee shall during the entire duration of this Agreement at all times be a state bank or bank, trust company or a national corporation not an Affiliate of the Depositor (but may have normal banking association relationships with the Depositor or any Underlying Securities Issuer or any party under the Swap Agreement, any Related Agreement or any Credit Enhancement Agreement and their respective Affiliates), which (i) is organized and doing business under the laws of a state any State or the United States of America, States; (ii) is authorized under such laws to exercise corporate trust powers, having ; (iii) has a combined capital and surplus and undivided profits of at least $50,000,000, ; (iv) is subject to supervision or examination by federal or state authority and rated “BBB” authority; (v) has (or higher by Fitch with respect to their long-term rating and rated “BBB” or higher by S&P and “Baa2” or higher by Xxxxx’x with respect to any outstanding has a parent which has) a long-term unsecured unsubordinated debt, and, in the case of a successor Trustee other than pursuant to Section 9.10, rated in one of the two highest long-term debt categories by each Rating Agency (at least “AA-” in the case of S&P) or otherwise acceptable to, each of the Rating Agencies and have a short-term debt rating of at least “A-1” from S&PBBB- by Standard & Poor's and at least Baa3 by Moody's (or such other rating as may be specified in the Forepart); anx (xx) satisfies the provisions of Section 3807(a) of the Trust Statute. Notwithstanding the foregoing, at all times either the Trustee or otherwise acceptable to, S&P. The the Delaware Trustee shall not be an Affiliate of the Master Servicersatisfy requirement (vi) hereof. If the Trustee publishes 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 purposes purpose of this Section 9.06 7.14, the combined capital and surplus of such corporation shall be deemed to be its total equity capital (combined capital and surplus) surplus as set forth in its most recent report of condition so published. In case If at any time the Trustee shall cease to be eligible in accordance with the provisions of this Section 9.067.14, the Trustee shall resign immediately in the manner and with the effect specified in Section 9.087.11.

Appears in 1 contract

Samples: Series Trust Agreement (Corporate Asset Backed Corp)

Eligibility Requirements for Trustee. The Trustee and any successor Trustee hereunder shall during at all times be (i) an institution whose accounts are insured by the entire duration of this Agreement be FDIC, (ii) a state bank corporation or trust company or a national banking association association, organized and doing business under the laws of a state any State or the United States of America, authorized under such laws to exercise corporate trust powers, having a combined capital and surplus of not less than $50,000,000 and undivided profits of at least $50,000,000, subject to supervision or examination by federal or state authority and rated “BBB” or higher by Fitch with respect to their long-term rating and rated “BBB” or higher by S&P and “Baa2” or higher by Xxxxx’x with respect to any outstanding long-term unsecured unsubordinated debt, and, in the case of a successor Trustee other than pursuant to Section 9.10, rated in one of the two highest long-term debt categories by each Rating Agency (at least “AA-” in the case of S&Piii) or otherwise acceptable to, each of the Rating Agencies and have a short-term debt rating of at least “A-1” from S&P, or otherwise acceptable to, S&P. The Trustee shall not be an Affiliate of the Master Servicer or any Servicer. If the Trustee such corporation 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 then, for the purposes of this Section 9.06 Section, the combined capital and surplus of such corporation or national banking association shall be deemed to be its total equity capital (combined capital and surplus) surplus as set forth in its most recent report of condition so published. In addition, the Trustee (i) may not be an originator of Mortgage Loans, the Master Servicer, a Servicer, the Depositor or an affiliate of the Depositor unless the Trustee is in an institutional trust department of the Trustee, (ii) must be authorized to exercise corporate trust powers under the laws of its jurisdiction of organization and (iii) must be rated at least “A/F1” by Fitch, if Fitch is a Rating Agency that has rated the Trustee, and “A-1” by S&P, if S&P is a Rating Agency that has rated the Trustee, or the equivalent rating by Xxxxx’x. In case at any time the Trustee shall cease to be eligible in accordance with the provisions of this Section 9.06Section, the Trustee shall resign immediately in the manner and with the effect specified in Section 9.086.06.

Appears in 1 contract

Samples: Trust Agreement (Lehman Mortgage Trust 2007-8)

Eligibility Requirements for Trustee. The Trustee and any successor Trustee hereunder shall during the entire duration of this Agreement at all times be a state bank corporation (including a banking corporation) or trust company or a national banking association organized and doing business under the laws of a state or the United States of America, or any state thereof authorized under such laws to exercise corporate trust powers, having a combined capital and surplus and undivided profits of at least $50,000,000, a rating as to its long-term unsecured debt obligations of at least Baa3 by Moody’s (if Moody’s shall then be a Rating Agency) and BBB- by Standard & Poor’s (if Standard & Poor’s shall then be a Rating Agency) and a rating as to its short-term deposits or long-term unsecured debt obligations that satisfies the rating requirement of any other Rating Agency assigning a rating for any Class of Investor Certificates of any then outstanding Series and subject to supervision or examination by federal Federal or state authority and rated “BBB” or higher by Fitch with respect to their long-term rating and rated “BBB” or higher by S&P and “Baa2” or higher by Xxxxx’x with respect to any outstanding long-term unsecured unsubordinated debt, and, in the case of a successor Trustee other than pursuant to Section 9.10, rated in one of the two highest long-term debt categories by each Rating Agency (at least “AA-” in the case of S&P) or otherwise acceptable to, each of the Rating Agencies and have a short-term debt rating of at least “A-1” from S&P, or otherwise acceptable to, S&P. The Trustee shall not be an Affiliate of the Master Servicerauthority. If the Trustee such corporation 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 purpose of this Section 9.06 11.6, the combined capital and surplus of such corporation or national banking association shall be deemed to be its total equity capital (combined capital and surplus) 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 the provisions of this Section 9.0611.6, the Trustee shall resign immediately in the manner and with the effect specified in Section 9.0811.7.

Appears in 1 contract

Samples: Master Pooling and Servicing Agreement (Circuit City Credit Card Master Trust)

Eligibility Requirements for Trustee. The Trustee and any successor Trustee shall during the entire duration of this Agreement be a state bank or trust company or a national banking association organized and doing business under the laws of a state or the United States of America, authorized under such laws to exercise corporate trust powers, having a combined capital and surplus and undivided profits of at least $50,000,000, subject to supervision or examination by federal or state authority and rated “BBB” or higher by Fitch with respect to their long-term rating and rated “BBB” or higher by S&P and “Baa2” or higher by Xxxxx’x Moody’s with respect to any outstanding long-term unsecured unsubordinated debt, and, in the case of a successor Trustee other than pursuant to Section 9.10, rated in one of the two highest long-term debt categories by each Rating Agency (at least “AA-” in the case of S&P) or otherwise acceptable to, each of the Rating Agencies and have a short-term debt rating of at least “A-1” from S&P, or otherwise acceptable to, S&P. The Trustee shall not be an Affiliate of the Master Servicer. If the Trustee 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 9.06 the combined capital and surplus of such corporation shall be deemed to be its total equity capital (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 the provisions of this Section 9.06, the Trustee shall resign immediately in the manner and with the effect specified in Section 9.08.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2007-He4)

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