Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section 310(b); provided, however, that there shall be excluded from the operation of TIA Section 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 Section 310(b)(1) are met.
Appears in 46 contracts
Samples: Indenture (Stanley Works), Indenture (Associated Materials, LLC), Purchase Agreement (Amh Holdings, LLC)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section § 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section § 310(b); provided, however, that there shall be excluded from the operation of TIA Section § 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 Section § 310(b)(1) are met.
Appears in 44 contracts
Samples: Indenture (Credit Acceptance Corp), Indenture (Credit Acceptance Corp), Indenture (Norfolk Southern Corp)
Eligibility; Disqualification. The This Indenture shall always have a Trustee shall at all times satisfy that satisfies the requirements of TIA Section 310(a§ 310(a)(1), (2) and (5) in every respect. The Trustee shall have a combined capital and surplus of at least $50,000,000 100 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section § 310(b); provided, however, that there shall be excluded from the operation of TIA Section § 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 Section § 310(b)(1) are met.
Appears in 26 contracts
Samples: Indenture (CNX Resources Corp), Indenture (CNX Resources Corp), Indenture (CNX Resources Corp)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section § 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 50.0 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section § 310(b); provided, however, that there shall be excluded from the operation of TIA Section § 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 Section § 310(b)(1) are met.
Appears in 23 contracts
Samples: Senior Indenture (Ingersoll Rand Inc.), Ingersoll Rand Inc., Fossil Group, Inc.
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section ss. 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section ss. 310(b); provided, however, that there shall be excluded from the operation of TIA Section ss. 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 Section ss. 310(b)(1) are met.
Appears in 22 contracts
Samples: Indenture (Rev Holdings LLC), Plans Assumption Agreement (Rev Holdings LLC), Indenture (CFM v R Tesco Inc)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section § 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 100 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section § 310(b); provided, however, that there shall be excluded from the operation of TIA Section § 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 Section § 310(b)(1) are met.
Appears in 21 contracts
Samples: Indenture (NBC Acquisition Corp), Indenture (New Nebraska Book Company, Inc.), Indenture (Mq Associates Inc)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section 310(b); providedPROVIDED, howeverHOWEVER, that there shall be excluded from the operation of TIA Section 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 Section 310(b)(1) are met.
Appears in 20 contracts
Samples: Indenture (Consolidated Natural Gas Co/Va), Indenture (Dominion Resources Inc /Va/), Indenture (Galey & Lord Inc)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 50 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section 310(b); provided, however, that there shall be excluded from the operation of TIA Section 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 Section 310(b)(1) are met.
Appears in 20 contracts
Samples: Indenture (Laboratory Corp of America Holdings/De), Indenture (Laboratory Corp of America Holdings), Supplemental Indenture (Laboratory Corp of America Holdings)
Eligibility; Disqualification. (a) The Trustee shall at all times satisfy the requirements of TIA Section 310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition. The Indenture Trustee shall provide copies of such reports to the Insurer upon request. The Indenture Trustee shall comply with TIA Section 310(b); provided, however, that there shall be excluded from the operation of TIA Section 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company Issuer are outstanding if the requirements for such exclusion set forth in TIA Section 310(b)(1) are met.
Appears in 19 contracts
Samples: Indenture (Onyx Acceptance Financial Corp), Indenture (Onyx Acceptance Financial Corp), Indenture (Onyx Acceptance Financial Corp)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 100 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section 310(b); provided, however, that there shall be excluded from the operation of TIA Section 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 Section 310(b)(1) are met.
Appears in 17 contracts
Samples: Indenture (Pier 1 Imports Inc/De), Pier 1 Imports Inc/De, Indenture (NBC Acquisition Corp)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section 310(a). (a) The Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition. The Trustee shall provide copies of such reports to the Insurer upon request. The Trustee shall comply with TIA Section 310(b); provided, however, that there shall be excluded from the operation of TIA Section 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company Issuer are outstanding if the requirements for such exclusion set forth in TIA Section 310(b)(1) are met.
Appears in 14 contracts
Samples: Indenture (WFS Financial 1997-D Owner Trust), Indenture (WFS Financial Auto Loans Inc), Indenture (WFS Financial Auto Loans Inc)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section § 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 100.0 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section § 310(b); provided, however, that there shall be excluded from the operation of TIA Section § 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 Section § 310(b)(1) are met.
Appears in 12 contracts
Samples: Indenture (Keurig Dr Pepper Inc.), Indenture (Dr Pepper/Seven Up Beverage Sales Co), Supplemental Indenture (Ship Finance International LTD)
Eligibility; Disqualification. The This Indenture shall always have a Trustee shall at all times satisfy that satisfies the requirements of TIA Section 310(a§ 310(a)(1), (2) and (5) in every respect. The Trustee shall have a combined capital and surplus of at least $50,000,000 100 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section § 310(b); provided, however, that there shall be excluded from the operation of TIA Section § 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company Issuer are outstanding if the requirements for such exclusion set forth in TIA Section § 310(b)(1) are met.
Appears in 12 contracts
Samples: Indenture (Ultra Petroleum Corp), Warrant Agreement (Ultra Petroleum Corp), Indenture (Ultra Petroleum Corp)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 100,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section 310(b); provided, however, that there shall be excluded from the operation of TIA Section 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 Section 310(b)(1) are met.
Appears in 11 contracts
Samples: Supplemental Indenture (Grey Wolf Inc), Supplemental Indenture (Grey Wolf Inc), Indenture (Magellan Health Services Inc)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section 310(b); provided, however, that there shall be excluded from the operation of TIA Section 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company Issuers are outstanding if the requirements for such exclusion set forth in TIA Section 310(b)(1) are met.
Appears in 9 contracts
Samples: Associated Materials, LLC, Warrant Agreement (Iridium Capital Corp), Indenture (United States Steel Corp)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section § 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 100,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section § 310(b); provided, however, that there shall be excluded from the operation of TIA Section § 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 Section § 310(b)(1) are met.
Appears in 9 contracts
Samples: Guaranteed Obligation (864 Beverage, Inc.), Indenture (Venoco, Inc.), Indenture (Venoco, Inc.)
Eligibility; Disqualification. (a) The Trustee shall at all times satisfy the requirements of TIA Section 310(a). The Trustee ) and shall in addition have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition. The Trustee shall provide copies of such reports to the Insurer upon request. The Trustee shall comply with TIA Section 310(b); provided, however, that there shall be excluded from the operation of TIA Section 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company Issuer are outstanding if the requirements for such exclusion set forth in TIA Section 310(b)(1) are met.
Appears in 8 contracts
Samples: Indenture (WFS Receivables Corp), Indenture (WFS Receivables Corp), Indenture (WFS Receivables Corp 2)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section ss. 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 100 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section ss. 310(b); provided, however, that there shall be excluded from the operation of TIA Section ss. 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 Section ss. 310(b)(1) are met.
Appears in 8 contracts
Samples: Nebraska Book Co, NBC Acquisition Corp, Chemed Corp
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section § 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section § 310(b); provided, however, that there shall be excluded from the operation of TIA Section § 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company Issuers are outstanding if the requirements for such exclusion set forth in TIA Section § 310(b)(1) are met.
Appears in 8 contracts
Samples: Indenture (Bz Intermediate Holdings LLC), Supplemental Indenture (Bz Intermediate Holdings LLC), Indenture (Chrysler Group LLC)
Eligibility; Disqualification. The This Indenture shall always have a Trustee shall at all times satisfy that satisfies the requirements of TIA Section 310(a)§ 310 in every respect. The Trustee shall have a combined capital and surplus of at least $50,000,000 100 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section § 310(b); provided, however, that there shall be excluded from the operation of TIA Section § 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 Section § 310(b)(1) are met.
Appears in 8 contracts
Samples: Indenture (Gibraltar Industries, Inc.), Indenture (Libbey Inc), Indenture (Libbey Inc)
Eligibility; Disqualification. The This Indenture shall always have a Trustee shall at all times satisfy that satisfies the requirements of TIA Section 310(a§ 310(a)(1), (2) and (5) in every respect. The Trustee shall have a combined capital and surplus of at least $50,000,000 100 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section § 310(b); provided, however, that there shall be excluded from the operation of TIA Section § 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 Section § 310(b)(1) are met. Section 7.11. [Intentionally Omitted].
Appears in 7 contracts
Samples: Registration Rights Agreement (Cleveland-Cliffs Inc.), Registration Rights Agreement (Cleveland-Cliffs Inc.), Cleveland-Cliffs Inc.
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section § 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section § 310(b); provided, however, that there shall be excluded from the operation of TIA Section § 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company Issuer are outstanding if the requirements for such exclusion set forth in TIA Section § 310(b)(1) are met.
Appears in 7 contracts
Samples: Supplemental Indenture (Century Communities, Inc.), Supplemental Indenture (Century Communities, Inc.), Supplemental Indenture (Century Communities, Inc.)
Eligibility; Disqualification. The This Indenture shall always have a Trustee shall at all times satisfy who satisfies the requirements of TIA Section 310(a)§ 310(a)(1) and (2) in every respect. The Trustee shall have a combined capital and surplus of at least $50,000,000 100,000,000 as set forth in its the most recent applicable published annual report of condition. The Trustee shall comply with TIA Section § 310(b); provided, however, that there shall be excluded from the operation of TIA Section § 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company Issuers are outstanding if the requirements for such exclusion set forth in TIA Section § 310(b)(1) are met.
Appears in 7 contracts
Samples: Indenture (Crown Holdings Inc), Indenture (Crown Holdings Inc), Crown Holdings Inc
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section ss. 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 50 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section ss. 310(b); provided, however, that there shall be excluded from the operation of TIA Section ss. 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 Section ss. 310(b)(1) are met.
Appears in 6 contracts
Samples: Indenture (Revlon Inc /De/), Subsidiary Pledge Agreement (Mounger Corp), Indenture (Flag Telecom Holdings LTD)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 50.0 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section 310(b); provided, however, that there shall be excluded from the operation of TIA Section 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 Section 310(b)(1) are met.
Appears in 6 contracts
Samples: Indenture (Telex Communications Intermediate Holdings LLC), Indenture (Telex Communications Inc), Indenture (Day International Group Inc)
Eligibility; Disqualification. The This Indenture shall always have a Trustee shall at all times satisfy that satisfies the requirements of TIA Section 310(a310(a)(1), (2) and (5) in every respect. The Trustee shall have a combined capital and surplus of at least $50,000,000 100 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section 310(b); provided, however, that there shall be excluded from the operation of TIA Section 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 Section 310(b)(1) are met.
Appears in 6 contracts
Samples: Churchill Downs Incorporated (Churchill Downs Inc), Indenture (CHURCHILL DOWNS Inc), Indenture (OneMain Financial Holdings, Inc.)
Eligibility; Disqualification. The This Indenture shall always have a Trustee shall at all times satisfy who satisfies the requirements of TIA Section 310(a)§ 310(a)(1) and (2) in every respect. The Trustee shall have a combined capital and surplus of at least $50,000,000 100,000,000 as set forth in its the most recent applicable published annual report of condition. The Trustee shall comply with TIA Section § 310(b); provided, however, that there shall be excluded from the operation of TIA Section § 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company Issuer are outstanding if the requirements for such exclusion set forth in TIA Section § 310(b)(1) are met.
Appears in 6 contracts
Samples: Indenture (Crown Holdings, Inc.), Indenture (Crown Holdings Inc), Indenture (Crown Holdings Inc)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section § 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 U.S.$50,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section § 310(b); provided, however, that there shall be excluded from the operation of TIA Section § 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company Issuer are outstanding if the requirements for such exclusion set forth in TIA Section § 310(b)(1) are met.
Appears in 5 contracts
Samples: Indenture (Suzano Austria GmbH), Indenture (Suzano Austria GmbH), sec.report
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section § 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 100 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section § 310(b); provided, however, that there shall be excluded from the operation of TIA Section § 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company Issuers are outstanding if the requirements for such exclusion set forth in TIA Section § 310(b)(1) are met. This Indenture will always have a Trustee that satisfies the requirements of TIA § 310(a)(1), (2) and (5).
Appears in 5 contracts
Samples: Indenture (Star Gas Partners Lp), Indenture (Star Gas Finance Co), Indenture (Star Gas Partners Lp)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section § 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 50 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section § 310(b); provided, however, that there shall be excluded from the operation of TIA Section § 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 Section § 310(b)(1) are met.
Appears in 5 contracts
Samples: Indenture (MDC Partners Inc), Indenture (MDC Partners Inc), Indenture (MDC Partners Inc)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section 310(b); provided, however, that there shall be excluded from the operation of TIA Section 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company Issuer are outstanding if the requirements for such exclusion set forth in TIA Section 310(b)(1) are met.
Appears in 4 contracts
Samples: Indenture (Phoenix Md Realty LLC), Usx Corp, Youbet Com Inc
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section § 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 U.S.$50.0 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section 310(b); § 310(b); provided, however, that there shall be excluded from the operation of TIA Section § 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 Section § 310(b)(1) are met.
Appears in 4 contracts
Samples: Indenture (Arazi S.a r.l.), Indenture (Arazi S.a r.l.), Indenture (Arazi S.a r.l.)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 50.0 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section 310(b); provided, however, that there shall be excluded from the operation of TIA Section 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 Section 310(b)(1) are met.
Appears in 4 contracts
Samples: Indenture (Denbury Management Inc), Supplemental Indenture (Denbury Resources Inc), Concorde Gas Marketing Inc
Eligibility; Disqualification. The This Indenture shall always have a Trustee shall at all times satisfy who satisfies the requirements of TIA Section 310(a310(a)(1), (2) and (5). The Trustee shall always have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section 310(b); provided, however, provided that there shall be excluded from the operation of TIA Section 310(b)(1) any indenture or indentures under which other securities securities, or certificates of interest or participation in other securities securities, of the Company are outstanding if and meeting the requirements for such exclusion set forth in TIA Section 310(b)(1) are met).
Appears in 4 contracts
Samples: Indenture (Phi Inc), Indenture (Phi Inc), Indenture (Phi Inc)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section ss. 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section ss. 310(b); provided, however, that there shall be excluded from the operation of TIA Section ss. 310(b)(1) and any indenture or indentures under which other securities or certificates of interest or participation in other securities of the either Company are outstanding if the requirements for such exclusion set forth in TIA Section ss. 310(b)(1) are met.
Appears in 4 contracts
Samples: Reynolds R J Tobacco Co, Rj Reynolds Tobacco Holdings Inc, RJR Acquisition Corp
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section ss. 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section ss. 310(b); provided, however, that there shall be excluded from the operation of TIA Section ss. 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company Issuer are outstanding if the requirements for such exclusion set forth in TIA Section ss. 310(b)(1) are met.
Appears in 4 contracts
Samples: Indenture (Spectrasite Holdings Inc), Spectrasite Holdings Inc, Spectrasite Inc
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 25,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section 310(b); provided, however, that there shall be excluded from the operation of TIA Section 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 Section 310(b)(1) are met.
Appears in 4 contracts
Samples: Indenture (Nibco Inc), Oxford Automotive Inc, Nibco Inc
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section section 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section section 310(b); provided, however, that there shall be excluded from the operation of TIA Section section 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 Section section 310(b)(1) are met.
Appears in 4 contracts
Samples: Indenture (Stanley Works), Winstar Communications Inc, Coors Adolph Co
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section § 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 10,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section § 310(b); provided, however, that there shall be excluded from the operation of TIA Section § 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 Section § 310(b)(1) are met.
Appears in 4 contracts
Samples: Indenture (Emerald Plantation Holdings LTD), www.emeraldplantationholdings.com, www.emeraldplantationholdings.com
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section 310(aSections 310(a)(1) and 310(a)(2). The Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section 310(b); provided. In determining whether the Trustee has conflicting interests as defined in TIA Section 310(b)(1), however, that there shall be excluded from the operation of provisions contained in the proviso to TIA Section 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 Section 310(b)(1) are metshall be deemed incorporated herein.
Appears in 4 contracts
Samples: Indenture (Pennsylvania Electric Co), Indenture (Metropolitan Edison Co), Indenture (Penelec Capital Trust)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section § 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 U.S.$50,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section § 310(b); provided, however, that there shall be excluded from the operation of TIA Section § 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 Section § 310(b)(1) are met.
Appears in 4 contracts
Samples: Indenture (Iusacell S a De C V), Indenture (Iusacell S a De C V), Indenture (Mexican Cellular Investments Inc)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section (S) 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 100 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section (S) 310(b); provided, however, that there shall be excluded from the operation of TIA Section (S) 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 Section (S) 310(b)(1) are met.
Appears in 4 contracts
Samples: Indenture (Sather Trucking Corp), Plains Resources Inc, Plains Exploration & Production Co L P
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section § 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 50 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section § 310(b); provided, however, that there shall be excluded from the operation of TIA Section § 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company Issuers are outstanding if the requirements for such exclusion set forth in TIA Section § 310(b)(1) are met.
Appears in 3 contracts
Samples: Elan Finance (Elan Corp PLC), Indenture (Elan Corp PLC), Elan Corp PLC
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section §310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 100 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section §310(b); provided, however, that there shall be excluded from the operation of TIA Section §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 Section §310(b)(1) are met.
Appears in 3 contracts
Samples: Newmont Mining Corp /De/, Newmont Mining Corp /De/, Newmont Mining Corp /De/
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section ss. 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 400 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section ss. 310(b); provided, however, that there shall be excluded from the operation of TIA Section ss. 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 Section ss. 310(b)(1) are met.
Appears in 3 contracts
Samples: Indenture (Aurora Foods Inc /Md/), Management Services Agreement (Windy Hill Pet Food Co Inc), MBW Foods Inc
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 100,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section 310(b); provided, however, that there shall be excluded from the operation of TIA Section 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company any Issuer are outstanding if the requirements for such exclusion set forth in TIA Section 310(b)(1) are met.
Appears in 3 contracts
Samples: Jones Group Inc, JAG FOOTWEAR, ACCESSORIES & RETAIL Corp, Jones Apparel Group Inc
Eligibility; Disqualification. The This Indenture shall always have a Trustee shall at all times satisfy that satisfies the requirements of TIA Section 310(a)§ 310 in every respect. The Trustee shall have a combined capital and surplus of at least $50,000,000 50 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section § 310(b); provided, however, that there shall be excluded from the operation of TIA Section § 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 Section § 310(b)(1) are met.
Appears in 3 contracts
Samples: Indenture (Eye Care Centers of America Inc), Indenture (Conexant Systems Inc), Deluxe Corp
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section § 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 US$150 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section § 310(b); provided, however, that there shall be excluded from the operation of TIA Section § 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 Section § 310(b)(1) are met.
Appears in 3 contracts
Samples: Indenture (Homex Development Corp.), Indenture (Homex Development Corp.), Homex Development Corp.
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section § 310(a). The Trustee shall have a combined capital and surplus (together with its corporate parent) of at least $50,000,000 50.0 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section § 310(b); provided, however, that there shall be excluded from the operation of TIA Section § 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 Section § 310(b)(1) are met.
Appears in 3 contracts
Samples: Indenture (CONSOL Energy Inc), Indenture (CONSOL Energy Inc), Indenture (CONSOL Energy Inc)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section ss. 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section ss. 310(b); provided, however, that there shall be excluded from the operation of TIA Section ss. 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company Issuers are outstanding if the requirements for such exclusion set forth in TIA Section ss. 310(b)(1) are met.
Appears in 3 contracts
Samples: NSM Steel Co LTD, NSM Steel Co LTD, NSM Steel Co LTD
Eligibility; Disqualification. The Trustee Indenture shall at all times satisfy have a Trustee that satisfies the requirements of TIA Section 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 100 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section 310(b); provided, however, that there shall be excluded from the operation of TIA Section 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 Section 310(b)(1) are met.
Appears in 3 contracts
Samples: Indenture (H R Window Supply Inc), Atlas Air Inc, Atlas Air Inc
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section 310(a)) of the TIA. The Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section 310(b)) of the TIA; provided, however, that there shall be excluded from the operation of TIA Section 310(b)(1) of the TIA 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 Section 310(b)(1) of the TIA are met.
Appears in 3 contracts
Samples: Supplemental Indenture (Brindlee Mountain Telephone Co), Otelco (Otelco Inc.), Otelco (Otelco Telecommunications LLC)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section § 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 100 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section § 310(b); provided, however, that there shall be excluded from the operation of TIA Section § 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 outstanding, if the requirements for such exclusion set forth in TIA Section § 310(b)(1) are met.
Appears in 3 contracts
Samples: Supplemental Indenture (Hornbeck Offshore Services Inc /La), Indenture (Goodrich Petroleum Corp), Cogent Communications Group Inc
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section § 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section § 310(b); provided, however, that there shall be excluded from the operation of TIA Section § 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company Issuer are outstanding if the requirements for such exclusion set forth in TIA Section 310(b)(1§ 310 (b)(1) are met.
Appears in 3 contracts
Samples: Indenture (Central European Media Enterprises N.V.), Indenture (CME Media Enterprises B.V.), Central European Media Enterprises LTD
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 50.0 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section 310(b); providedPROVIDED, howeverHOWEVER, that there shall be excluded from the operation of TIA Section 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 Section 310(b)(1) are met.
Appears in 2 contracts
Samples: Indenture (Amtrol Inc /Ri/), PrimeWood, Inc.
Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA Section 310(a). The Indenture Trustee shall be acceptable to the Securities Insurer and shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition. The Indenture Trustee shall comply with TIA Section 310(b); provided, however, that there shall be excluded from the operation of TIA Section 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company Issuer are outstanding if the requirements for such exclusion set forth in TIA Section 310(b)(1) are met.
Appears in 2 contracts
Samples: Master Servicing Agreement (Painewebber Mort Acce Corp Iv Fremont Home Ln Own Tr 1999-2), Fremont Mortgage Securities Corp
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section 310(a)) of the TIA. The Trustee Trustee, together with its parent entity, shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section 310(b)) of the TIA; provided, however, that there shall be excluded from the operation of TIA Section 310(b)(1) of the TIA 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 Section 310(b)(1) of the TIA are met.
Appears in 2 contracts
Samples: Supplemental Indenture (Healthsouth Corp), Healthsouth Corp
Eligibility; Disqualification. The This Indenture shall always have a Trustee shall at all times satisfy who satisfies the requirements of TIA Section 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 25 million as set forth in its most recent published annual report of condition. The Trustee shall comply with is subject to TIA Section 310(b); provided, however, that there shall be excluded from the operation of TIA Section 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 Section 310(b)(1) are met.
Appears in 2 contracts
Samples: Graphic Packaging Corp, Agco Corp /De
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section § 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 100,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section § 310(b); provided, however, that there shall be excluded from the operation of TIA Section § 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company Issuers are outstanding if the requirements for such exclusion set forth in TIA Section § 310(b)(1) are met.
Appears in 2 contracts
Samples: Indenture (Tronox Inc), Tronox (Tronox Inc)
Eligibility; Disqualification. (a) The Trustee shall at all times satisfy the requirements of TIA Section 310(a). The Trustee ) and shall in addition have a combined capital and surplus of at least $50,000,000 $ as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section 310(b); provided, however, that there shall be excluded from the operation of TIA Section 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company Issuer are outstanding if the requirements for such exclusion set forth in TIA Section 310(b)(1) are met.
Appears in 2 contracts
Samples: WFS Receivables Corp 4, WFS Receivables Corp 3
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section § 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section § 310(b); provided, however, that there shall be excluded from the operation of TIA Section § 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company Terra Capital are outstanding if the requirements for such exclusion set forth in TIA Section § 310(b)(1) are met.
Appears in 2 contracts
Samples: Indenture (Terra Industries Inc), Terra Investment Fund LLC
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section § 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 50.0 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section § 310(b); provided, however, that there shall be excluded from the operation of TIA Section § 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company Issuer are outstanding if the requirements for such exclusion set forth in TIA Section § 310(b)(1) are met.
Appears in 2 contracts
Samples: Indenture (Harman International Industries Inc /De/), Indenture (Harman International Industries Inc /De/)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section § 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section § 310(b); provided, however, that there shall be excluded from the operation of TIA Section § 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 Section § 310(b)(1) are met. SECTION 7.11.
Appears in 2 contracts
Samples: Murphy USA Inc., Us Concrete Inc
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 400 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section 310(b); provided, however, that there shall be excluded from the operation of TIA Section 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 Section 310(b)(1) are met.
Appears in 2 contracts
Samples: Indenture (Aurora Foods Inc /De/), Doane Pet Care Enterprises Inc
Eligibility; Disqualification. The This Indenture shall always have a Trustee shall at all times satisfy that satisfies the requirements of TIA Section 310(a)§ 310 in every respect. The Trustee shall have a combined capital and surplus of at least $50,000,000 50.0 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section § 310(b); provided, however, that there shall be excluded from the operation of TIA Section § 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 Section § 310(b)(1) are met.
Appears in 2 contracts
Samples: Indenture (Deluxe Corp), Deluxe Corp
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section ss. 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 150 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section ss. 310(b); provided, however, that there shall be excluded from the operation of TIA Section ss. 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 Section ss. 310(b)(1) are met.
Appears in 2 contracts
Samples: Indenture (Constar International Inc), Indenture (Constar Inc)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section 310(a)) of the TIA. The Trustee shall have a combined capital and surplus of at least $50,000,000 50 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section 310(b)) of the TIA; provided, however, that there shall be excluded from the operation of TIA Section 310(b)(1) of the TIA 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 Section 310(b)(1) of the TIA are met.
Appears in 2 contracts
Samples: Indenture (Us Can Corp), Indenture (United States Can Company /De/)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section 310(a)) of the TIA. The Trustee shall have a combined capital and surplus of at least $50,000,000 U.S.$50,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section 310(b)) of the TIA; provided, however, that there shall be excluded from the operation of TIA Section 310(b)(1) of the TIA 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 Section 310(b)(1) of the TIA are met.
Appears in 2 contracts
Samples: Indenture (Mexican Cellular Holding, Inc.), Indenture (Grupo Iusacell Sa De Cv)
Eligibility; Disqualification. The Trustee shall at ----------------------------- all times satisfy the requirements of TIA Section (S) 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 100 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section (S) 310(b); provided, however, that there shall be excluded from the operation of TIA Section (S) 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 Section (S) 310(b)(1) are met.
Appears in 2 contracts
Samples: BGF Industries Inc, Applied Business Telecommunications
Eligibility; Disqualification. (a) The Trustee shall at all times satisfy the requirements of TIA Section 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 100,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section 310(b); provided, however, that there shall be excluded from the operation of TIA Section 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 Section 310(b)(1) are met.
Appears in 2 contracts
Samples: Indenture (Crown Castle International Corp), Crown Castle International Corp
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section § 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 100 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section § 310(b); provided, howeverhowever , that there shall be excluded from the operation of TIA Section § 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 Section § 310(b)(1) are met.
Appears in 2 contracts
Samples: Trinity Industries Inc, Indenture (Trinity Industries Inc)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section § 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 U.S.$50,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section § 310(b); provided, however, that there shall be excluded from the operation of TIA Section § 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 Section § 310(b)(1) are met.
Appears in 2 contracts
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section §310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 50.0 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section §310(b); provided, however, that there shall be excluded from the operation of TIA Section §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 Section §310(b)(1) are met.
Appears in 2 contracts
Samples: Mothers Work Inc, Especialty Brands LLC
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section § 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section § 310(b); provided, however, that there shall be excluded from the operation of TIA Section § 310(b)(1) any Series of Securities and 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 Section § 310(b)(1) are met.
Appears in 2 contracts
Samples: Indenture (Goodyear Tire & Rubber Co /Oh/), Indenture (Goodyear Export Inc.)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section (S) 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section (S) 310(b); provided, however, that there shall be excluded from the operation of TIA Section (S) 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company AK Steel are outstanding if the requirements for such exclusion set forth in TIA Section (S) 310(b)(1) are met.
Appears in 2 contracts
Samples: Indenture (Ak Steel Holding Corp), Indenture (Ak Steel Holding Corp)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section 310(ass.310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section 310(bss.310(b); provided, however, that there shall be excluded from the operation of TIA Section 310(b)(1ss.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 Section 310(b)(1ss.310(b)(1) are met.
Appears in 2 contracts
Samples: Indenture (Wolverine Tube Inc), Indenture (Mediq Inc)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 100 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section 310(b); providedPROVIDED, howeverHOWEVER, that there shall be excluded from the operation of TIA Section 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 Section 310(b)(1) are met.
Appears in 2 contracts
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section § 310(a). The Trustee shall have a combined capital and surplus of at least One Hundred Million ($50,000,000 100,000,000) as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section § 310(b); provided, however, that there shall be excluded from the operation of TIA Section § 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 outstanding, including the Original Indenture and the Indenture governing the Company’s 4.125% Convertible Subordinated Notes due December 21, 2008, if the requirements for such exclusion set forth in TIA Section § 310(b)(1) are met.
Appears in 1 contract
Samples: Veeco Instruments Inc
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section § 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 100 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section § 310(b); provided, however, that there shall be excluded from the operation of TIA Section § 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company or any Subsidiary Guarantor are outstanding if the requirements for such exclusion set forth in TIA Section § 310(b)(1) are met.
Appears in 1 contract
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section 310(a). The Trustee Trustee, together with its affiliates, shall have a combined capital and surplus of at least $50,000,000 50 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section 310(b); provided, however, that there shall be excluded from the operation of TIA Section 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 Section 310(b)(1) are met.
Appears in 1 contract
Samples: King Pharmaceuticals Inc
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section (S) 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 50.0 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section (S) 310(b); provided, however, that there shall be excluded from the operation of TIA Section (S) 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 Section (S) 310(b)(1) are met.
Appears in 1 contract
Samples: Kelley Operating Co LTD
Eligibility; Disqualification. The Trustee shall at ------------------------------ all times satisfy the requirements of TIA Section 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section 310(b); provided, however, that there shall be excluded from the operation of -------- ------- TIA Section 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 Section 310(b)(1) are met.
Appears in 1 contract
Samples: Cytec Industries Inc/De/
Eligibility; Disqualification. The This Indenture shall always have a Trustee shall at all times satisfy who satisfies the requirements of TIA Section 310(a310(a)(1). The Trustee shall always have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section 310(b); provided, however, provided that there shall be excluded from the operation of TIA Section -------- 310(b)(1) any indenture or indentures under which other securities securities, or certificates of interest or participation in other securities securities, of the Company are outstanding if and meeting the requirements for such exclusion set forth in TIA Section 310(b)(1) are met).
Appears in 1 contract
Samples: Indenture (Us Oncology Inc)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 250,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section 310(b); provided, however, that there shall be excluded from the operation of TIA Section 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company Issuer are outstanding if the requirements for such exclusion set forth in TIA Section 310(b)(1) are met.
Appears in 1 contract
Samples: Indenture (Spectrasite Holdings Inc)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section (S) 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section (S) 310(b); provided, however, that there shall be excluded from the operation of TIA Section (S) 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are is outstanding if the requirements for such exclusion set forth in TIA Section 310(b)(1(S)310 (b) (1) are met.
Appears in 1 contract
Samples: Planet Hollywood International Inc
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section § 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 100 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section § 310(b); provided, however, that there shall be excluded from the operation of TIA Section § 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 outstanding, including the indenture governing the Company’s 6.125% Senior Notes due 2014, if the requirements for such exclusion set forth in TIA Section § 310(b)(1) are met.
Appears in 1 contract
Samples: Supplemental Indenture (Hornbeck Offshore Services Inc /La)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section 310(b); provided, however, that there shall be excluded from the operation of TIA Section 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are 73 73 outstanding if the requirements for such exclusion set forth in TIA Section 310(b)(1) are met.
Appears in 1 contract
Samples: Indenture (Ixc Communications Inc)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section 310(b); provided, however, that there shall be excluded from the operation of TIA Section 310(b)(1) any indenture or indentures under which other securities Securities or certificates of interest or participation in other securities Securities of the Company Issuer are outstanding if the requirements for such exclusion set forth in TIA Section 310(b)(1) are met.
Appears in 1 contract
Samples: Umt Holdings Lp
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section ss. 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 50.0 million as set forth in its most recent recently published annual report of condition. The Trustee shall comply with TIA Section ss. 310(b); provided, however, that there shall be excluded from the operation of TIA Section ss. 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 Section ss. 310(b)(1) are met.
Appears in 1 contract
Samples: Indenture (Shaw Group Inc)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section 310(b); provided, however, that there shall be excluded from the operation of TIA Section 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are 102 outstanding if the requirements for such exclusion set forth in TIA Section 310(b)(1) are met.
Appears in 1 contract
Samples: Encore Acquisition Co
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section SECTION 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section SECTION 310(b); provided, however, that there shall be excluded from the operation of TIA Section SECTION 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 Section SECTION 310(b)(1) are met.
Appears in 1 contract
Eligibility; Disqualification. The This Indenture shall always have a Trustee shall at all times satisfy who satisfies the requirements of TIA Section 310(a310(a)(1). The Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent recent, published annual report of condition. The Trustee shall comply with TIA Section 310(b); provided, however, that there shall be excluded from the operation of TIA Section 310(b)(1) any indenture or indentures under which other securities securities, or certificates of interest or participation in other securities securities, of the Company are outstanding outstanding, if the requirements for such exclusion set forth in TIA Section 310(b)(1) are met.
Appears in 1 contract
Samples: Trans World Airlines Inc /New/
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section § 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 100 million as set forth in its most recent recently published annual report of condition. The Trustee shall comply with TIA Section § 310(b); provided, however, that there shall be excluded from the operation of TIA Section § 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 Section § 310(b)(1) are met.
Appears in 1 contract
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section 310(b); provided, howeverhowever , that there shall be excluded from the operation of TIA Section 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 Section 310(b)(1) are met.
Appears in 1 contract
Eligibility; Disqualification. (a) The Trustee shall at all times satisfy the requirements of TIA Section 310(a). The Trustee ) and shall in addition have a combined capital and surplus of at least $50,000,000 __________________ as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section 310(b); provided, however, that there shall be excluded from the operation of TIA Section 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company Issuer are outstanding if the requirements for such exclusion set forth in TIA Section 310(b)(1) are met.
Appears in 1 contract
Samples: WFS Receivables Corp 3
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 25,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section 310(b); provided, however, that there shall be excluded from the operation of TIA Section 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company Issuers are outstanding if the requirements for such exclusion set forth in TIA Section 310(b)(1) are met.
Appears in 1 contract
Samples: Chiles Magellan LLC
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section ss. 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 250,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section ss. 310(b); provided, however, that there shall be excluded from the operation of TIA Section ss. 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 Section ss. 310(b)(1) are met.
Appears in 1 contract
Samples: Indenture (Purina Mills Inc)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section ss. 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section ss. 310(b); provided, however, that there shall be excluded from the operation of TIA Section ss. 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company Issuer are outstanding if the requirements for such exclusion set forth in TIA Section ss. 310(b)(1) are met.
Appears in 1 contract
Samples: Warner Chilcott PLC
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section ss. 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 50 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section ss. 310(b); provided, however, that there shall be excluded from the operation of TIA Section ss. 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company Issuers are outstanding if the requirements for such exclusion set forth in TIA Section ss. 310(b)(1) are met.
Appears in 1 contract
Samples: Indenture (Elan Corp PLC)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section 310(a310(a)(1) and Section 310(a)(2). The Trustee shall have a combined capital and surplus of at least $50,000,000 50.0 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section 310(b); provided, however, that there shall be excluded from the operation of TIA Section 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 Section 310(b)(1) are met.
Appears in 1 contract