Common use of Eligibility Clause in Contracts

Eligibility. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section 310(a)(1). The Trustee shall have a combined capital and surplus of at least $25,000,000 as set forth in its most recent published annual report of condition.

Appears in 29 contracts

Sources: Indenture (GST Telecommunications Inc), Indenture (Comple Tel LLC), Indenture (Nextel International Inc)

Eligibility. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section 310(a)(1). The Trustee shall have a combined capital and surplus of at least $25,000,000 25 million as set forth in its most recent published annual report of condition.

Appears in 15 contracts

Sources: Indenture (Silgan Holdings Inc), Senior Guaranteed Convertible Notes Indenture (Impsat Fiber Networks Inc), Senior Guaranteed Convertible Notes Indenture (Impsat Fiber Networks Inc)

Eligibility. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section 310(a)(1). The Trustee shall have a combined capital and surplus of at least $25,000,000 50 million as set forth in its most recent published annual report of conditioncondition that is subject to the requirements of applicable federal or state supervising or examining authority. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this Section, the Trustee shall resign immediately in the manner and with the effect specified in this Article.

Appears in 14 contracts

Sources: Indenture (Tw Telecom Inc.), Indenture (Tw Telecom Inc.), Indenture (Earthlink Inc)

Eligibility. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section 310(a)(1). The Trustee (or the bank holding company to which the Trustee is a member) shall have a combined capital and surplus of at least $25,000,000 25 million as set forth in its most recent published annual report of condition.

Appears in 14 contracts

Sources: Indenture (Transwitch Corp /De), Indenture (Transwitch Corp /De), Indenture (Transwitch Corp /De)

Eligibility. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section 310(a)(1). The Trustee shall have a combined capital and surplus of at least $25,000,000 25 million as set forth in its most recent published annual report of conditioncondition that is subject to the requirements of applicable federal or state supervising or examining authority. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this Section 7.10, the Trustee shall resign immediately in the manner and with the effect specified in this Article.

Appears in 11 contracts

Sources: Indenture (Sothebys), Indenture (Sothebys), Indenture (SPX Corp)

Eligibility. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section 310(a)(1). The Trustee shall have a combined capital and surplus of at least $25,000,000 25 million as set forth in its most recent published annual report of conditioncondition that is subject to the requirements of applicable Federal or state supervising or examining authority. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this Section, the Trustee shall resign immediately in the manner and with the effect specified in this Article.

Appears in 11 contracts

Sources: Indenture (Regal Cinemas Inc), Indenture (Urs Corp /New/), Indenture (Ccir of California Corp)

Eligibility. This Indenture shall always have a Trustee who that satisfies the requirements of TIA Section 310(a)(1) and (5). The Trustee shall have a combined capital and surplus of at least $25,000,000 100,000,000 as set forth in its most recent published annual report of condition. The Trustee shall be subject to TIA Section 310(b), subject to the penultimate paragraph thereof.

Appears in 9 contracts

Sources: Senior Notes Indenture (RSL Communications PLC), Senior Notes Indenture (Loral Cyberstar Inc), Senior Discount Notes Indenture (Orionnet Finance Corp)

Eligibility. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section 310(a)(1). The Trustee (together with its parent) shall have a combined capital and surplus of at least $25,000,000 U.S.$25.0 million as set forth in its most recent published annual report of condition.

Appears in 9 contracts

Sources: Indenture (Kansas City Southern De Mexico, S.A. De C.V.), Indenture (Kansas City Southern), Indenture (Kansas City Southern De Mexico, S.A. De C.V.)

Eligibility. This The Indenture shall must always have a Trustee who that satisfies the requirements of TIA Section 310(a)(1). The Trustee shall have 310(b) and has a combined capital and surplus of at least $25,000,000 as set forth in its most recent published annual report of condition.

Appears in 9 contracts

Sources: Senior Indenture (NXP Semiconductors N.V.), Senior Indenture (NXP Semiconductors N.V.), Senior Indenture (NXP Semiconductors N.V.)

Eligibility. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section Sections 310(a)(1) and 310(a)(5). The Trustee shall have a combined capital and surplus of at least $25,000,000 50,000,000 as set forth in its most recent published annual report of condition.

Appears in 9 contracts

Sources: Senior Euro Notes Indenture (Viatel Inc), Subordinated Debenture Indenture (Viatel Inc), Senior Discount Dm Indenture (Viatel Inc)

Eligibility. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section 310(a)(1). The Trustee shall have a combined capital and surplus of at least $25,000,000 50.0 million as set forth in its most recent published annual report of condition.

Appears in 7 contracts

Sources: Indenture (Manitowoc Foodservice, Inc.), Indenture (Manitowoc Co Inc), Indenture (Manitowoc Co Inc)

Eligibility. This Indenture shall must always have a Trustee who that satisfies the requirements of TIA Section 310(a)(1). The Trustee shall have 310(a) and has a combined capital and surplus of at least $25,000,000 as set forth in its most recent published annual report of condition.

Appears in 6 contracts

Sources: Indenture (E Trade Financial Corp), Indenture (E Trade Financial Corp), Senior Indenture (E TRADE FINANCIAL Corp)

Eligibility. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section 310(a)(1). The Trustee shall have a combined capital and surplus of at least $25,000,000 25 million as set forth in its most recent published annual report of conditioncondition that is subject to the requirements of applicable federal or state supervising or examining authority. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this Section, the Trustee shall resign immediately in the manner and with the effect specified in this Article.

Appears in 6 contracts

Sources: Indenture (Smurfit-Stone Container Enterprises Inc), Indenture (Jsce Inc), Indenture (Stone Container Corp)

Eligibility. This The Indenture shall must always have a Trustee who that satisfies the requirements of TIA Section 310(a)(1). The Trustee shall have 310(a) and has a combined capital and surplus of at least $25,000,000 as set forth in its most recent published annual report of condition.

Appears in 6 contracts

Sources: Indenture (E Trade Financial Corp), Indenture (E Trade Financial Corp), Indenture (E Trade Financial Corp)

Eligibility. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section 310(a)(1). The Trustee shall have a combined capital and surplus of at least $25,000,000 25 million as set forth in its most recent published annual report of conditioncondition that is subject to supervision or examination by federal or state authority. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this Section 7.10, the Trustee shall resign immediately in the manner and with the effect specified in this Article.

Appears in 5 contracts

Sources: Indenture (Advanced Lighting Technologies Inc), Indenture (Advanced Lighting Technologies Inc), Indenture (Advanced Lighting Technologies Inc)

Eligibility. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section 310(a)(1). The Trustee shall have a combined capital and surplus of at least $25,000,000 as set forth in its most recent published filed annual report of condition.

Appears in 5 contracts

Sources: Indenture (FelCor Lodging Trust Inc), Indenture (FelCor Lodging LP), Indenture (FelCor Lodging Trust Inc)

Eligibility. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section 310(a)(1310(a). The Trustee shall have a combined capital and surplus of at least $25,000,000 25 million as set forth in its most recent published annual report of conditioncondition that is subject to the requirements of applicable federal or state supervising or examining authority. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this Section 7.10, the Trustee shall resign immediately in the manner and with the effect specified in this Article.

Appears in 4 contracts

Sources: Guaranty Agreement (Steel Dynamics Inc), Indenture (Steel Dynamics Inc), Indenture (Steel Dynamics Inc)

Eligibility. This Indenture shall always have a Trustee who ----------- satisfies the requirements of TIA Section 310(a)(1). The Trustee shall have a combined capital and surplus of at least $25,000,000 25 million as set forth in its most recent published annual report of condition.

Appears in 3 contracts

Sources: Indenture (Itc Deltacom Inc), Indenture (Itc Deltacom Inc), Indenture (Silgan Holdings Inc)

Eligibility. This Indenture shall must always have a Trustee who that satisfies the requirements of TIA Section 310(a)(1). The Trustee shall have 310(a) and has a combined capital and surplus of at least $25,000,000 100,000,000 as set forth in its most recent published annual report of condition.

Appears in 3 contracts

Sources: Indenture (Foster Wheeler Inc), Indenture (Foster Wheeler Inc), Indenture (Foster Wheeler LTD)

Eligibility. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section §§ 310(a)(1), (2) and (5). The Trustee (together with its parent) shall have a combined capital and surplus of at least $25,000,000 25.0 million as set forth in its most recent published annual report of condition.

Appears in 3 contracts

Sources: Indenture (Kansas City Southern), Indenture (Kansas City Southern), Indenture (KCS Holdings I, Inc.)

Eligibility. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section 310(a)(1). The Trustee (together with its parent) shall have a combined capital and surplus of at least $25,000,000 25.0 million as set forth in its most recent published annual report of condition.

Appears in 2 contracts

Sources: Indenture (Kansas City Southern), Indenture (Kansas City Southern)

Eligibility. This Indenture shall always have a ----------- Trustee who satisfies the requirements of TIA Section 310(a)(1). The Trustee shall have a combined capital and surplus of at least $25,000,000 as set forth in its most recent published annual report of condition.

Appears in 2 contracts

Sources: Indenture (Icg Communications Inc), Indenture (Comple Tel Europe Nv)

Eligibility. This Indenture The Trustee shall always have a Trustee who satisfies at all times satisfy the requirements of TIA Section 310(a)(1§ 310(a). The Trustee shall have a combined capital and surplus of at least $25,000,000 100,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA § 310(b); provided, however, that there shall be excluded from the operation of TIA § 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA § 310(b)(1) are met.

Appears in 2 contracts

Sources: Indenture (Rollins Inc), Indenture (Rollins Inc)

Eligibility. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section 310(a)(1). The Trustee (together with its parent) shall have a combined capital and surplus of at least $25,000,000 U.S.$25 million as set forth in its most recent published annual report of condition.

Appears in 2 contracts

Sources: Indenture (Kansas City Southern), Indenture (TFM Sa De Cv)

Eligibility. This Indenture shall always have a Trustee ----------- who satisfies the requirements of TIA Section 310(a)(1). The Trustee shall have a combined capital and surplus of at least $25,000,000 25 million as set forth in its most recent published annual report of condition.

Appears in 2 contracts

Sources: Indenture (TVN Entertainment Corp), Indenture (Diva Systems Corp)

Eligibility. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section Sections 310(a)(1) and 310(a)(5). The Trustee shall have a combined capital and surplus of at least $25,000,000 100,000,000 as set forth in its most recent published annual report of condition.

Appears in 2 contracts

Sources: Indenture (KMC Telecom Holdings Inc), Indenture (KMC Telecom Holdings Inc)

Eligibility. This Indenture shall must always have a Trustee who that satisfies the requirements of Section 310 (a) of the TIA Section 310(a)(1). The Trustee shall have a combined capital and surplus of at least $25,000,000 as set forth in its most recent published annual report of condition.

Appears in 1 contract

Sources: Indenture (WEX Inc.)

Eligibility. This Indenture shall always have a ----------- Trustee who satisfies the requirements of TIA Section 310(a)(1). The Trustee shall have a combined capital and surplus of at least $25,000,000 25 million as set forth in its most recent published annual report of condition.

Appears in 1 contract

Sources: Indenture (Silgan Holdings Inc)

Eligibility. This Indenture shall always have a ----------- Trustee who satisfies the requirements of TIA Section 310(a)(1). The Trustee shall have a combined capital and surplus of at least $25,000,000 50,000,000 as set forth in its most recent published annual report of condition.

Appears in 1 contract

Sources: Indenture (Sola International Inc)

Eligibility. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section 310(a)(1310(a)(l). The Trustee shall have a combined capital and surplus of at least $25,000,000 25 million as set forth in its most recent published annual report of condition.

Appears in 1 contract

Sources: Senior Notes Indenture (Kansas City Southern)

Eligibility. This Indenture shall always have ----------- a Trustee who satisfies the requirements of TIA Section Sections 310(a)(1) and 310(a)(5). The Trustee shall have a combined capital and surplus of at least $25,000,000 as set forth in its most recent published annual report of condition.

Appears in 1 contract

Sources: Indenture (Icg Services Inc)

Eligibility. This Indenture shall always have a Trustee who that satisfies the requirements of TIA Section 310(a)(1) and (5). The Trustee shall have a combined capital and surplus of at least $25,000,000 50,000,000 as set forth in its most recent published annual report of condition. The Trustee shall be subject to TIA Section 310(b), subject to the penultimate paragraph thereof.

Appears in 1 contract

Sources: Senior Notes Indenture (Earthwatch Inc)

Eligibility. This Indenture shall always have a Trustee who ----------- that satisfies the requirements of TIA Section 310(a)(1) and (5). The Trustee shall have a combined capital and surplus of at least $25,000,000 50,000.000 as set forth in its most recent published annual report of condition. The Trustee shall be subject to TIA Section 310(b), subject to the penultimate paragraph thereof.

Appears in 1 contract

Sources: Indenture (Earthwatch Inc)

Eligibility. This Indenture shall always have a ----------- Trustee who satisfies the requirements of TIA Section 310(a)(1). The Trustee shall have a combined capital and surplus of at least $25,000,000 50.0 million as set forth in its most recent published annual report of condition.

Appears in 1 contract

Sources: Indenture (Manitowoc Co Inc)

Eligibility. This Indenture shall always have a Trustee who with respect to such Series of Securities which satisfies the requirements of TIA Section 310(a)(1). The Trustee shall always have a combined capital and surplus of at least $25,000,000 100,000,000, as set forth in its most recent published annual report of condition.

Appears in 1 contract

Sources: Indenture (Bellsouth Corp)

Eligibility. This Indenture shall always have a ----------- Trustee who satisfies the requirements of TIA Section 310(a)(1310(a) (1). The Trustee (or, in the case of a subsidiary of a bank holding company, its parent) shall have a combined capital and surplus of at least $25,000,000 as set forth in its most recent published annual report of condition.

Appears in 1 contract

Sources: Indenture (Loudcloud Inc)

Eligibility. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section 310(a)(1). The Trustee shall have a combined capital and surplus of at least $25,000,000 25.0 million as set forth in its most recent published annual report of condition.

Appears in 1 contract

Sources: Indenture (Knology Inc)

Eligibility. This Indenture shall ----------- always have a Trustee who satisfies the requirements of TIA Section Sections 310(a)(1) and 310(a)(5). The Trustee shall have a combined capital and surplus of at least $25,000,000 as set forth in its most recent published annual report of condition.

Appears in 1 contract

Sources: Indenture (Icg Services Inc)

Eligibility. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section Sections 310(a)(1) and 310(a)(5). The Trustee shall have have, or if such Trustee is a member of a bank holding company system, its bank holding company shall have, a combined capital and surplus of at least $25,000,000 50,000,000 as set forth in its most recent published annual report of condition.

Appears in 1 contract

Sources: Senior Notes Indenture (Colo Com)

Eligibility. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section 310(a)(1). The Trustee shall have a combined capital and surplus of at least $25,000,000 25 million as set forth in its most recent published annual report of condition.condition that is subject to the requirements of applicable federal or state supervising or

Appears in 1 contract

Sources: Indenture (Stone Container Corp)

Eligibility. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section 310(a)(1). The Trustee shall have a combined capital and surplus of at least $25,000,000 25 million as set forth in its most recent published annual report of condition.condition that is subject to the requirements of applicable Federal or state supervising or examining authority. If

Appears in 1 contract

Sources: Indenture (Regal Cinemas Inc)

Eligibility. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section 310(a)(1), (2) and (5). The Trustee shall have a combined capital and surplus of at least $25,000,000 U.S.$100,000,000 as set forth in its most recent published annual report of condition.

Appears in 1 contract

Sources: Indenture (Innova S De Rl)