Trustee; Eligibility. There shall at all times be a Trustee hereunder which shall be eligible to act as trustee under TIA Section 310(a) and which shall have a combined capital and surplus of at least $50,000,000, to the extent there is an institution eligible and willing to serve. If the Trustee does not have a Corporate Trust Office in The City of New York, the Trustee may appoint an agent in The City of New York reasonably acceptable to the Company to conduct any activities which the Trustee may be required under this Indenture to conduct in The City of New York. If such Trustee publishes reports of condition at least annually, pursuant to law or to the requirements of federal, state, territorial or District of Columbia supervising or examining authority, then for the purposes of this Section 8.09, the combined capital and surplus of such corporation shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this Section 8.09, the Trustee shall resign immediately in the manner and with the effect hereinafter specified in this Article 8.
Appears in 15 contracts
Samples: Indenture (Jakks Pacific Inc), Indenture (Service Corporation International), Indenture (Service Corporation International)
Trustee; Eligibility. There shall at all times be a Trustee hereunder which shall be eligible to act as trustee under TIA Section 310(a) and which shall have a combined capital and surplus of at least $50,000,000100,000,000, to the extent there is an institution eligible and willing to serve. If the Trustee does not have a Corporate Trust Office in The City of New York, the Trustee may appoint an agent in The City of New York reasonably acceptable to the Company to conduct any activities which the Trustee may be required under this Indenture to conduct in The City of New York. If such Trustee publishes reports of condition at least annually, pursuant to law or to the requirements of federal, state, territorial or District of Columbia supervising or examining authority, then for the purposes of this Section 8.09, the combined capital and surplus of such corporation shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this Section 8.09, the Trustee shall resign immediately in the manner and with the effect hereinafter specified in this Article 8.
Appears in 11 contracts
Samples: Indenture (Diversified Contractors Inc), Indenture (General Cable Corp /De/), Indenture (Anixter International Inc)
Trustee; Eligibility. There shall at all times be a Trustee hereunder which shall be eligible to act as trustee under TIA Trust Indenture Act Section 310(a) and which shall have a combined capital and surplus of at least $50,000,000100,000,000, to the extent there is an institution eligible and willing to serve. If the Trustee does not have a Corporate Trust Office in The City of New York, the Trustee may appoint an agent in The City of New York reasonably acceptable to the Company to conduct any activities which the Trustee may be required under this Indenture to conduct in The City of New York. If such Trustee publishes reports of condition at least annually, pursuant to law or to the requirements of federal, state, territorial or District of Columbia supervising or examining authority, then for the purposes of this Section 8.09609, the combined capital and surplus of such corporation shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this Section 8.09609, the Trustee shall resign immediately in the manner and with the effect hereinafter specified in this Article 8Article.
Appears in 10 contracts
Samples: Penske Automotive Group, Inc., Indenture (United Auto Group Inc), Indenture (Pioneer Hi Bred International Inc)
Trustee; Eligibility. There shall at all times be a Trustee hereunder which shall be eligible to act as trustee under TIA Trust Indenture Act Section 310(a310(a)(1) and which shall have a combined capital and surplus of at least $50,000,000100,000,000 or is a member of a bank holding company with a combined capital and surplus of at least $100,000,000, to the extent there is an institution eligible and willing to serve. If the Trustee does not have a Corporate Trust Office in The City of New York, the Trustee may appoint an agent in The City of New York reasonably acceptable to the Company to conduct any activities which the Trustee may be required under this Indenture to conduct in The City of New York. If such Trustee publishes reports of condition at least annually, pursuant to law or to the requirements of federal, state, territorial or District of Columbia supervising or examining authority, then for the purposes of this Section 8.096.9, the combined capital and surplus of such corporation shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this Section 8.096.9, the Trustee shall resign immediately in the manner and with the effect hereinafter specified in this Article 8Article.
Appears in 7 contracts
Samples: Trust Indenture Indenture (Bally Total Fitness Holding Corp), Trust Indenture Indenture (Bally Total Fitness Holding Corp), Trust Indenture Indenture (Bally Total Fitness Holding Corp)
Trustee; Eligibility. There shall at all times be a Trustee hereunder which shall be eligible to act as trustee under TIA Trust Indenture Act Section 310(a310(a)(5) and which shall have a combined capital and surplus of at least $50,000,000100,000,000, to the extent there is an institution eligible and willing to serve. If the Trustee does not have a Corporate Trust Office an office in The City of New York, the Trustee may appoint an agent in The City of New York reasonably acceptable to the Company to conduct any activities which the Trustee may be required under this Indenture to conduct in The City of New York. If such Trustee publishes reports of condition at least annually, pursuant to law or to the requirements of federal, state, territorial or District of Columbia supervising or examining authority, then for the purposes of this Section 8.09609, the combined capital and surplus of such corporation shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this Section 8.09609, the Trustee shall resign immediately in the manner and with the effect hereinafter specified in this Article 8Article.
Appears in 4 contracts
Samples: Indenture (Marsh Village Pantries Inc), Indenture (Titan Wheel International Inc), Indenture (Tri R of Orlando Inc)
Trustee; Eligibility. There shall at all times be a Trustee hereunder which shall be eligible to act as trustee under TIA Section 310(a) and which shall have a combined capital and surplus of at least $50,000,000, to the extent there is an institution eligible and willing to serve. If the Trustee does not have a Corporate Trust Office in The City of New York, the Trustee may appoint an agent in The City of New York reasonably acceptable to the Company to conduct any activities which the Trustee may be required under this Indenture to conduct in The City of New York. If such Trustee publishes reports of condition at least annually, pursuant to law or to the requirements of federal, state, territorial or District of Columbia supervising or examining authority, then for the purposes of this Section 8.099.09, the combined capital and surplus of such corporation or entity shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this Section 8.099.09, the Trustee shall resign immediately in the manner and with the effect hereinafter specified in this Article 89.
Appears in 4 contracts
Samples: Indenture (Emergent Capital, Inc.), Indenture (Emergent Capital, Inc.), Indenture (Emergent Capital, Inc.)
Trustee; Eligibility. There shall at all times be a Trustee hereunder which shall be eligible to act as trustee under TIA Trust Indenture Act Section 310(a) and which shall have a combined capital and surplus of at least $50,000,000250,000,000, to the extent there is an institution eligible and willing to serve. If the Trustee does not have a Corporate Trust Office in The City of New York, the Trustee may appoint an agent in The City of New York reasonably acceptable to the Company to conduct any activities which the Trustee may be required under this Indenture to conduct in The City of New York. If such Trustee publishes reports of condition at least annually, pursuant to law or to the requirements of federal, state, territorial or District of Columbia supervising or examining authority, then for the purposes of this Section 8.09609, the combined capital and surplus of such corporation shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this Section 8.09609, the Trustee shall resign immediately in the manner and with the effect hereinafter specified in this Article 8Article.
Appears in 3 contracts
Samples: Indenture (Wells Aluminum Corp), Fca of Ohio Inc, Jo-Ann Stores Inc
Trustee; Eligibility. There shall at all times be a Trustee hereunder which shall be eligible to act as trustee under TIA Trust Indenture Act Section 310(a310(a)(5) and which shall have a combined capital and surplus of at least $50,000,000100,000,000, to the extent there is an institution eligible and willing to serve. If the Trustee does not have a Corporate Trust Office in The City of New York, the Trustee may appoint an agent in The City of New York reasonably acceptable to the Company to conduct any activities which the Trustee may be required under this Indenture to conduct in The City of New York. If such Trustee publishes reports of condition at least annually, pursuant to law or to the requirements of federal, state, territorial or District of Columbia supervising or examining authority, then for the purposes of this Section 8.096.9, the combined capital and surplus of such corporation shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this Section 8.096.9, the Trustee shall resign immediately in the manner and with the effect hereinafter specified in this Article 8Article.
Appears in 2 contracts
Samples: Di Giorgio Corp, Di Giorgio Corp
Trustee; Eligibility. There shall at all times be a Trustee hereunder which shall be eligible to act as trustee under TIA Trust Indenture Act Section 310(a) and which shall have a combined capital and surplus of at least $50,000,00010,000,000, to the extent there is an institution eligible and willing to serve. If the Trustee does not have a Corporate Trust Office in The City of New York, the Trustee may appoint an agent in The City of New York reasonably acceptable to the Company to conduct any activities which the Trustee may be required under this Indenture to conduct in The City of New York. If such Trustee publishes reports of condition at least annually, pursuant to law or to the requirements of federal, state, territorial or District of Columbia supervising or examining authority, then for the purposes of this Section 8.09609, the combined capital and surplus of such corporation shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this Section 8.09609, the Trustee shall resign immediately in the manner and with the effect hereinafter specified in this Article 8Article.
Appears in 2 contracts
Samples: Indenture (Concentric Network Corp), Indenture (Concentric Network Corp)
Trustee; Eligibility. There shall at all times be a Trustee hereunder which shall be eligible to act as trustee under TIA Trust Indenture Act Section 310(a) and which shall have a combined capital and surplus of at least $50,000,000, to the extent there is an institution eligible and willing to serve. If the Trustee does not have a Corporate Trust Office in The City of New York, the Trustee may appoint an agent in The City of New York reasonably acceptable to the Company to conduct any activities which the Trustee may be required under this Indenture to conduct in The City of New York. If such Trustee publishes reports of condition at least annually, pursuant to law or to the requirements of federal, state, territorial or District of Columbia supervising or examining authority, then for the purposes of this Section 8.096.09, the combined capital and surplus of such corporation shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this Section 8.096.09, the Trustee shall resign immediately in the manner and with the effect hereinafter specified in this Article 8Six.
Appears in 2 contracts
Samples: Spartan Stores Inc, Blyth Inc
Trustee; Eligibility. There shall at all times be a Trustee hereunder which shall be eligible to act as trustee under TIA Section 310(a) and which shall have a combined capital and surplus of at least $50,000,000, to the extent there is an institution eligible and willing to serve. If the Trustee does not have a Corporate Trust Office in The City of New York, the Trustee may appoint an agent in The City of New York reasonably acceptable to the Company to conduct any activities which the Trustee may be required under this 56 Indenture to conduct in The City of New York. If such Trustee publishes reports of condition at least annually, pursuant to law or to the requirements of federal, state, territorial or District of Columbia supervising or examining authority, then for the purposes of this Section 8.09, the combined capital and surplus of such corporation shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this Section 8.09, the Trustee shall resign immediately in the manner and with the effect hereinafter specified in this Article 8.
Appears in 1 contract
Samples: Supplemental Indenture (Mylan Bertek Pharmaceuticals Inc.)
Trustee; Eligibility. There shall at all times be a Trustee hereunder which shall be eligible to act as trustee under TIA Section 310(a) and which shall have a combined capital and surplus of at least $50,000,000, to the extent there is an institution eligible and willing to serve. If the Trustee does not have a Corporate Trust Office in The City of New York, the Trustee may appoint an agent in The City of New York reasonably acceptable to the Company to conduct any activities which the Trustee may be required under this Indenture to conduct in The City of New York. If such Trustee publishes reports of condition at least annually, pursuant to law or to the requirements of federal, state, territorial or District of Columbia supervising or examining authority, then for the purposes of this Section 8.09, the combined capital and surplus of such corporation cor- poration shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this Section 8.09, the Trustee shall resign immediately in the manner and with the effect hereinafter specified in this Article 8.
Appears in 1 contract
Samples: Indenture (Mylan Inc.)
Trustee; Eligibility. There shall at all times be a Trustee hereunder which shall be eligible to act as trustee under TIA Trust Indenture Act Section 310(a) and which shall have a combined capital and surplus of at least $50,000,000100,000,000, to the extent there is an institution eligible and willing to serve. If the Trustee does not have a Corporate Trust Office in The City of New York, the Trustee may appoint an agent in The City of New York reasonably acceptable to the Company Issuers to conduct any activities which the Trustee may be required under this Indenture to conduct in The City of New York. If such Trustee publishes reports of condition at least annually, pursuant to law or to the requirements of federal, state, territorial or District of Columbia supervising or examining authority, then for the purposes of this Section 8.09609, the combined capital and surplus of such corporation shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Trustee shall cease to be eligible in accordance -92- 106 with the provisions of this Section 8.09609, the Trustee shall resign immediately in the manner and with the effect hereinafter specified in this Article 8Article.
Appears in 1 contract
Samples: Lower Road Associates LLC
Trustee; Eligibility. There shall at all times be a Trustee hereunder which shall be eligible to act as trustee under TIA Trust Indenture Act Section 310(a) and which shall have a combined capital and surplus of at least $50,000,000250,000,000, to the extent there is an institution eligible and willing to serve. If the Trustee does not have a Corporate Trust Office an office in The City of New York, the Trustee may appoint an agent in The City of New York reasonably acceptable to the Company to conduct any activities which the Trustee may be required under this Indenture to conduct in The City of New York. If such Trustee publishes reports of condition at least annually, pursuant to law or to the requirements of federal, state, territorial or District of Columbia supervising or examining authority, then for the purposes of this Section 8.09609, the combined capital and surplus of such corporation shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this Section 8.09, the Trustee shall resign immediately in the manner and with the effect hereinafter specified in this Article 8.accordance
Appears in 1 contract
Samples: Zale Delaware Inc
Trustee; Eligibility. There shall at all times be a Trustee hereunder which shall be eligible to act as trustee under TIA Trust Indenture Act Section 310(a) and which shall have a combined capital and surplus of at least $50,000,000, to the extent there is an institution eligible and willing to serve. If the Trustee does not have a Corporate Trust Office in The City of New York, the Trustee may appoint an agent in The City of New York reasonably acceptable to the Company to conduct any activities which the Trustee may be required under this Indenture to conduct in The City of New York. If such Trustee publishes reports of condition at least annually, pursuant to law or to the requirements of federal, state, territorial or District of Columbia supervising or examining authority, then for the purposes of this Section 8.096.09, the combined capital and surplus of such corporation shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this Section 8.096.09, the Trustee shall resign immediately in the manner and with the effect hereinafter specified in this Article 8Six.
Appears in 1 contract
Samples: Power Solutions International, Inc.
Trustee; Eligibility. There shall at all times be a Trustee hereunder which shall be eligible to act as trustee under TIA Trust Indenture Act Section 310(a) (5) and which shall have a combined capital and surplus of at least $50,000,000100,000,000, to the extent there is an institution eligible and willing to serve. If the Trustee does not have a Corporate Trust Office in The City of New York, the Trustee may appoint an agent in The City of New York reasonably acceptable to the Company to conduct any activities which the Trustee may be required under this Indenture to conduct in The City of New York. If such Trustee publishes reports of condition at least annually, pursuant to law or to the requirements of federal, state, territorial or District of Columbia supervising or examining authority, then for the purposes of this Section 8.09609, the combined capital and surplus of such corporation shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this Section 8.09609, the Trustee shall resign immediately in the manner and with the effect hereinafter specified in this Article 8Article.
Appears in 1 contract
Samples: Packard Bioscience Co