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 28 contracts
Samples: Indenture (Impsat Corp), Indenture (Econophone Inc), Indenture (Winstar Communications 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
Samples: Indenture (Silgan Holdings Inc), Indenture (Kansas City Southern), Impsat Fiber Networks 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
Samples: Indenture (Transwitch Corp /De), Transwitch Corp /De, 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 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
Samples: Indenture (Earthlink Inc), Indenture (Earthlink Inc), Indenture (Tw Telecom 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 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
Samples: Indenture (SPX Corp), Indenture (Sothebys), Indenture (Sothebys)
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
Samples: Indenture (Carrier1 International S A), Indenture (Us Xchange LLC), Indenture (Urs Corp /New/)
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
Samples: Collateral Pledge and Security Agreement (RSL Communications PLC), Indenture (Orionnet Finance Corp), Loral Cyberstar (Loral Space & Communications LTD)
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
Samples: Indenture (Kansas City Southern De Mexico, S.A. De C.V.), Indenture (Kansas City Southern De Mexico, S.A. De C.V.), 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 50,000,000 as set forth in its most recent published annual report of condition.
Appears in 9 contracts
Samples: Viatel Inc, Viatel Inc, Viatel Inc
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
Samples: Assignment Agreement (NXP Semiconductors N.V.), Senior Indenture (NXP Semiconductors N.V.), Note Guarantee Supplement (NXP Semiconductors N.V.)
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
Samples: Indenture (Manitowoc Foodservice, Inc.), Indenture (Manitowoc Co Inc), Intercreditor Agreement (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
Samples: Supplemental Indenture (E Trade Financial Corp), Supplemental 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 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
Samples: Smurfit-Stone Container Enterprises Inc, Jsce Inc, Indenture (Time Warner Telecom LLC)
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
Samples: Supplemental Indenture (E Trade Financial Corp), Supplemental Indenture (E Trade Financial Corp), Supplemental 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 as set forth in its most recent published filed annual report of condition.
Appears in 5 contracts
Samples: 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)(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
Samples: Indenture (Advanced Lighting Technologies Inc), Indenture (Advanced Lighting Technologies Inc), And Voting Agreement (Advanced Lighting Technologies 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
Samples: Execusion Version (Steel Dynamics Inc), Supplemental Indenture (Steel Dynamics Inc), Supplemental Indenture (Steel Dynamics Inc)
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
Samples: Indenture (KCS Holdings I, Inc.), 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 25 million as set forth in its most recent published annual report of condition.
Appears in 3 contracts
Samples: Indenture (Silgan Holdings Inc), Itc Deltacom Inc, Itc Deltacom 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
Samples: Supplemental Indenture (Foster Wheeler Inc), Supplemental Indenture (Foster Wheeler Inc), Supplemental Indenture (Foster Wheeler LTD)
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
Samples: TVN Entertainment Corp, Diva Systems 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 million as set forth in its most recent published annual report of condition.
Appears in 2 contracts
Samples: Indenture (TFM Sa De Cv), 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 $25,000,000 100,000,000 as set forth in its most recent published annual report of condition.
Appears in 2 contracts
Samples: Indenture (KMC Telecom Holdings Inc), Indenture (KMC Telecom Holdings 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
Samples: 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
Samples: Comple Tel Europe Nv, Icg Communications 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
Samples: Icg Services 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
Samples: Manitowoc Co 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
Samples: Indenture (WEX 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
Samples: Icg Services 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.condition that is subject to the requirements of applicable federal or state supervising or
Appears in 1 contract
Samples: 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 50,000,000 as set forth in its most recent published annual report of condition.
Appears in 1 contract
Samples: Sola International Inc
Eligibility. This Indenture shall always have a ----------- Trustee who satisfies the requirements of TIA Section 310(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
Samples: Indenture (Loudcloud 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
Samples: Earthwatch 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
Samples: Indenture (Kansas City Southern)
Eligibility. This Indenture shall must always have a Trustee who satisfies the requirements of TIA Section Sections 310(a)(1) and 310(a)(2). The Trustee shall must always 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 will be deemed to be in compliance with the capital and surplus requirement set forth in the preceding sentence if its obligations are guaranteed by a Person which could otherwise act as Trustee hereunder and which meets such capital and surplus requirement and the Trustee has at least the minimum capital and surplus required by TIA Section 310(a)(2).
Appears in 1 contract
Samples: Trust Indenture (Aerovias Nacionales De Colombia S.A. Avianca)
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
Samples: Knology 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
Samples: Innova S De Rl
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. SECTION 8.11.
Appears in 1 contract
Samples: Teekay Shipping 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 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
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
Samples: 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 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
Samples: Indenture (Regal Cinemas 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
Samples: Bellsouth Corp