Common use of Eligibility Requirements for Owner Trustee Clause in Contracts

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; authorized to exercise corporate trust powers; and (a) having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal or state authorities; and having (or having a parent that has) a rating of at least Baa3 by Xxxxx’x; or (b) which the Rating Agencies have otherwise indicated in writing is an entity acceptable to act as Owner Trustee hereunder. If such corporation shall publish reports of condition at least annually pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, 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. In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.02.

Appears in 15 contracts

Samples: Trust Agreement (Harley Davidson Customer Funding Corp), Trust Agreement (Harley-Davidson Motorcycle Trust 2004-3), Trust Agreement (Harley-Davidson Motorcycle Trust 2009-4)

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Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be (i) a corporation or association organized under the laws of the United States or any State and satisfying the provisions of Section 3807(a) of the Delaware Statutory Trust Statute; Act, (ii) authorized to exercise corporate trust powers; and having (aor having a parent that has) having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal or state authorities; State authorities and (iii) having (or having a parent that has) a rating of at least Baa3 time deposits that are rated investment grade by Xxxxx’x; or (b) which Standard & Poor’s and Fitch or, are otherwise acceptable to the Rating Agencies have otherwise indicated in writing is an entity acceptable to act as Owner Trustee hereunderAgencies. If such corporation shall publish reports of condition at least annually pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, 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. In case If at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section, Section the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.02.

Appears in 14 contracts

Samples: Trust Agreement (Mercedes-Benz Auto Lease Trust 2019-B), Trust Agreement (Mercedes-Benz Auto Lease Trust 2019-B), Trust Agreement (Mercedes-Benz Auto Lease Trust 2018-B)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation (i) satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; (ii) authorized to exercise corporate trust powers; and (aiii) having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal Federal or state State authorities; and having (or having a parent that hasiv) a rating of at least Baa3 by Xxxxx’x; or (b) which the Rating Agencies have otherwise indicated in writing is an entity acceptable to act the Security Insurer in its sole discretion, so long as Owner Trustee hereunderan Insurer Default shall not have occurred and be continuing. If such corporation shall publish reports of condition at least annually annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, 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. In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.029.2.

Appears in 12 contracts

Samples: Trust Agreement (Americredit Financial Services Inc), Trust Agreement (Americredit Financial Services Inc), Trust Agreement (Americredit Financial Services Inc)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation or national banking association (i) satisfying the provisions of Section 3807(a) of the Statutory Trust StatuteAct; (ii) authorized to exercise corporate trust powers; and (aiii) having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal Federal or state State authorities; and having (or having a parent that hasiv) a rating of at least Baa3 by Xxxxx’x; or (b) which the Rating Agencies have otherwise indicated in writing is an entity acceptable to act the Note Insurer in its sole discretion, so long as Owner Trustee hereundera Note Insurer Default shall not have occurred and be continuing. If such corporation entity shall publish reports of condition at least annually annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, the combined capital and surplus of such corporation entity shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.029.2.

Appears in 11 contracts

Samples: Trust Agreement (Long Beach Acceptance Receivables Corp. II), Trust Agreement (Long Beach Acceptance Corp), Trust Agreement (Long Beach Acceptance Auto Receivables Trust 2005-A)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; authorized to exercise corporate trust powers; and (a) having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal or state authorities; and having (or having a parent that has) a rating of at least Baa3 by Xxxxx’x; or (b) which the Rating Agencies have Moody’s and/or at least BBB- by Standard and Poor’s and is otherwise indicated in writing is an entity acceptable to act as Owner Trustee hereunderthe Note Insurer and Rating Agencies. If such corporation shall publish reports of condition at least annually pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, 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. In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this SectionSection 9.01, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.029.02.

Appears in 8 contracts

Samples: Trust Agreement (Saco I Trust 2005-Gp1), Trust Agreement (SACO I Trust 2006-1), Trust Agreement (SACO I Trust 2006-12)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; authorized to exercise corporate trust powers; and (a) having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal or state authorities; and having (or having a parent that has) a rating of time deposits that are rated at least Baa3 "P-1" by Xxxxx’x; Moody's and at least "A-1" by Standard & Poor's, or (b) which the Rating Agencies have is otherwise indicated in writing is an entity acceptable to act as Owner Trustee hereundereach Rating Agency. If such corporation shall publish reports of condition at least annually pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, 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. In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.02.

Appears in 7 contracts

Samples: Trust Agreement (Morgan Stanley Auto Loan Trust 2004-Hb1), Trust Agreement (GS Auto Loan Trust 2006-1), Trust Agreement (Gs Auto Loan Trust 2004-1)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; a corporation or association organized and doing business under the laws of a state of the United States; authorized to exercise corporate trust powers; and (a) having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal or state authorities; and having (or having a parent that has) a rating of at least Baa3 by Xxxxx’x; Moody's and/or at least BBB- by Standard and Poor’s or (b) which is otherwise acceptable to the Rating Agencies have otherwise indicated in writing is an entity acceptable to act as Owner Trustee hereunderAgencies. If such corporation shall publish reports of condition at least annually pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, 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. In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this SectionSection 9.01, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.029.02.

Appears in 7 contracts

Samples: Trust Agreement (American Home Mortgage Investment Trust 2005-4), Trust Agreement (American Home Mortgage Investment Trust 2007-1), Trust Agreement (American Home Mortgage Investment Trust 2007-2)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation (i) satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; (ii) authorized to exercise corporate trust powers; and (aiii) having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal Federal or state State authorities; and having (or having a parent that hasiv) a rating of at least Baa3 by Xxxxx’x; or (b) which the Rating Agencies have otherwise indicated in writing is an entity acceptable to act the Security Insurer in its sole discretion, so long as Owner Trustee hereunderan Insurer Default shall not have occurred and be continuing. If such corporation shall publish reports of condition at least annually annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, 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. In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.0210.2.

Appears in 7 contracts

Samples: Trust Agreement (TMS Auto Holdings Inc), Trust Agreement (TMS Auto Holdings Inc), Trust Agreement (TMS Auto Holdings Inc)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times times: (a) be a corporation satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; (b) be authorized to exercise corporate trust powers; and (ac) having have a combined capital and surplus of at least $50,000,000 and be subject to supervision or examination by federal or state authorities; and having (or having d) have a parent that has) a long-term unsecured debt rating of at least Baa3 by Xxxxx’x; Xxxxx'x Investors Service, Inc. or (b) which the Rating Agencies have be otherwise indicated in writing is an entity acceptable satisfactory to act as Owner Trustee hereunder. Xxxxx'x Investors Service, Inc. If such corporation shall publish reports of condition at least annually annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this SectionSection 6.13, 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. In case If at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this SectionSection 6.13, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.026.10.

Appears in 7 contracts

Samples: Trust Agreement (Navistar Financial Retail Receivables Corporation), Trust Agreement (Navistar Financial Retail Receivables Corporation), Trust Agreement (Navistar Financial Retail Receivables Corporation)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; authorized to exercise corporate trust powers; and (a) having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal or state authorities; and having (or having a parent that has) a rating of at least Baa3 by Xxxxx’xMoody’s; or (b) which the Rating Agencies have otherwise indicated in writing is an entity acceptable to act as Owner Trustee hereunder. If such corporation shall publish reports of condition at least annually pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, 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. In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.02.

Appears in 6 contracts

Samples: Trust Agreement (Harley-Davidson Motorcycle Trust 2005-2), Trust Agreement (Harley Davidson Customer Funding Corp), Trust Agreement (Harley Davidson Customer Funding Corp)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation Person (a) satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; (b) authorized to exercise corporate trust powers; and (ac) having a combined capital and surplus of (or having a parent with a combined capital and surplus of) at least $50,000,000 100,000,000 and subject to supervision or examination by federal or state banking authorities; and (d) having (or having a parent that has) a an investment grade rating of at least Baa3 by with respect to S&P and Xxxxx’x; or (b) which the Rating Agencies have otherwise indicated in writing is an entity acceptable to act as Owner Trustee hereunder. If such corporation Person shall publish reports of condition at least annually pursuant to law Applicable Law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this SectionSection 10.01, the combined capital and surplus of such corporation Person shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this SectionSection 10.01, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.02.

Appears in 5 contracts

Samples: Trust Agreement (Hercules Capital, Inc.), Trust Agreement (Hercules Capital, Inc.), Trust Agreement (Hercules Capital, Inc.)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; authorized to exercise corporate trust powers; and (a) having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal or state authorities; and having (or having a parent that has) a rating of at least Baa3 by Xxxxx’xMoody's; or (b) which the Rating Agencies have otherwise indicated in writing is an entity acceptable to act as Owner Trustee hereunder. If such corporation shall publish reports of condition at least annually pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, 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. In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.02.

Appears in 5 contracts

Samples: Trust Agreement (Harley Davidson Customer Funding Corp), Trust Agreement (Newcourt Receivables Corp Ii), Trust Agreement (Harley Davidson Customer Funding Corp)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation (i) satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; (ii) authorized to exercise corporate trust powers; and (aiii) having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal Federal or state State authorities; and (iv) having (or having a parent that which has) a rating of at least Baa3 by Xxxxx’x; Moody's or (b) which A-1 by Standard & Poors or being otherwise acceptable to the Rating Agencies have otherwise indicated in writing is an entity Agencies; and (v) acceptable to act as Owner Trustee hereunderthe Note Insurer in its sole discretion. If such corporation shall publish reports of condition at least annually annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, 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. In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.0210.2.

Appears in 4 contracts

Samples: Trust Agreement (Advanta Mortgage Loan Trust 1998-4c), Trust Agreement (Advanta Mortgage Loan Trust 1998-4c), Trust Agreement (Advanta Mortgage Loan Trust 1998-4c)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation (i) satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; (ii) authorized to exercise corporate trust powers; and (aiii) having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal Federal or state State authorities; and (iv) having (or having a parent that which has) a rating of at least Baa3 by Xxxxx’x; Moody's or (b) which A-1 by Standard & Poor's or being otherwise acceptable to the Rating Agencies have otherwise indicated in writing is an entity Agencies; and (v) acceptable to act as Owner Trustee hereunderthe Insurer in its sole discretion. If such corporation shall publish reports of condition at least annually annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, 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. In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.0210.2.

Appears in 4 contracts

Samples: Trust Agreement (Advanta Revolving Home Equity Loan Trust 1999-A), Trust Agreement (J P Morgan Acceptance Corp I), Trust Agreement (Advanta Conduit Receivables Inc)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation (i) satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; (ii) authorized to exercise corporate trust powers; and (aiii) having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal Federal or state State authorities; and (iv) having (or having a parent that which has) a rating of at least Baa3 by Xxxxx’xMoody's or A-1 by Standard & Poors; or and (bv) which the Rating Agencies have otherwise indicated in writing is an entity acceptable to act as Owner Trustee hereunderthe Certificateholders. If such corporation shall publish reports of condition at least annually annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, 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. In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.0210.2.

Appears in 4 contracts

Samples: Trust Agreement (Household Auto Receivables Corp), Trust Agreement (Household Auto Receivables Corp), Trust Agreement (Household Auto Receivables Corp)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; authorized to exercise corporate trust powers; and (a) having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal or state authorities; and having (or having a parent that has) a rating of at least Baa3 by Xxxxx’xXxxxx'x; or (b) which the Rating Agencies have otherwise indicated in writing is an entity acceptable to act as Owner Trustee hereunder. If such corporation shall publish reports of condition at least annually pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, 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. In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.02.

Appears in 4 contracts

Samples: Trust Agreement (Heller Funding Corp), Trust Agreement (Harley Davidson Customer Funding Corp), Trust Agreement (Newcourt Receivables Corp Ii)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation (i) satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; (ii) authorized to exercise corporate trust powers; and (aiii) having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal or state State authorities; and (iv) having (or having a parent that which has) a rating of at least Baa3 A3 by Xxxxx’xXxxxx’x or A-1 by Standard & Poor’s ; or and (bv) which the Rating Agencies have otherwise indicated in writing is an entity acceptable to act as Owner Trustee hereunderthe Insurer in its sole discretion. If such corporation shall publish reports of condition at least annually annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, 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. In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.0211.2.

Appears in 3 contracts

Samples: Trust Agreement (Greenpoint Mortgage Securities LLC), Trust Agreement (GreenPoint Home Equity Loan Trust 2004-4), Trust Agreement (GreenPoint Home Equity Loan Trust 2004-3)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation (i) satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; (ii) authorized to exercise corporate trust powers; and (aiii) having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal Federal or state State authorities; and (iv) having (or having a parent that which has) a rating of at least Baa3 by Xxxxx’x; Moody's or (b) which A-1 by Standard & Poors or being otherwise acceptable to the Rating Agencies have otherwise indicated in writing is an entity Agencies; and (v) acceptable to act as Owner Trustee hereunderthe Insurer in its sole discretion. If such corporation shall publish reports of condition at least annually annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, 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. In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.0210.2.

Appears in 3 contracts

Samples: Trust Agreement (Advanta Revolving Home Equity Loan Trust 1998-A), Trust Agreement (Advanta Mortgage Conduit Services Inc), Trust Agreement (Advanta Mortgage Conduit Services Inc)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; authorized to exercise corporate trust powers; and (a) having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal or state authorities; and having (or having a parent that has) a rating of time deposits that are rated at least Baa3 “F1” by Xxxxx’x; Fitch, “A-1” by Standard & Poor’s and “P-1” by Moody’s or (b) which otherwise be acceptable to the Rating Agencies have otherwise indicated in writing is an entity acceptable to act as Owner Trustee hereunderAgencies. If such corporation shall publish reports of condition at least annually pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, 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. In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.02.

Appears in 3 contracts

Samples: Trust Agreement (Daimlerchrysler Auto Trust 2008-B), Trust Agreement (DaimlerChrysler Auto Trust 2007-A), Trust Agreement (Daimlerchrysler Auto Trust 2008-A)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times (i) be a corporation satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; (ii) at all times be able and authorized to exercise corporate trust powers; and (aiii) having have (or have a parent which has) a long-term debt rating of at least investment grade by each Rating Agency or such other ratings for which the Rating Agency Condition is satisfied; (iv) have (or have a parent which has) combined capital and surplus of at least $50,000,000 50,000,000; and (v) be subject to supervision or examination by federal or state authorities; and having (or having a parent that has) a rating of at least Baa3 by Xxxxx’x; or (b) which . If the Rating Agencies have otherwise indicated in writing is an entity acceptable to act as Owner Trustee hereunder. If such corporation shall publish reports of condition at least annually pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, the combined capital and surplus of such corporation the Owner Trustee shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.02.

Appears in 3 contracts

Samples: Trust Agreement (BMW Fs Securities LLC), Trust Agreement (BMW Vehicle Owner Trust 2011-A), Trust Agreement (BMW Vehicle Owner Trust 2011-A)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation or other institution: (i) satisfying the provisions of Section 3807(a) of the Statutory Trust StatuteAct; (ii) authorized to exercise corporate trust powers; and (aiii) having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal or state authorities; provided however, the net worth of the parent organization of such corporation shall be included in the determination of the combined capital and having surplus of such corporation; and (or having a parent that hasiv) a rating of at least Baa3 by Xxxxx’x; or (b) which prior to the Rating Agencies have otherwise indicated in writing is an entity Class A Termination Date, acceptable to act as Owner Trustee hereunderthe Class A Insurer in its sole discretion. If such corporation or other institution shall publish reports of condition at least annually annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, the combined capital and surplus of such corporation or other institution shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.0210.2.

Appears in 3 contracts

Samples: Trust Agreement (Credit Acceptance Corporation), Trust Agreement (Credit Acceptance Corporation), Trust Agreement (Credit Acceptance Corporation)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; authorized to exercise corporate trust powers; and (a) having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal or state authorities; and having (or having a parent that which has) a long-term rating of at least Baa3 "A" (or its equivalent) by Xxxxx’x; or (b) which the Rating Agencies have otherwise indicated in writing is an entity each of Standard & Poor's Ratings Services, a division of The XxXxxx-Xxxx Companies, Inc., and Xxxxx'x Investors Service, Inc. and being acceptable to act as Owner Trustee hereunderthe Insurer. If such corporation shall publish reports of condition at least annually annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, 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. In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this SectionSection 11.1, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.0211.2.

Appears in 3 contracts

Samples: Trust Agreement (Chec Funding LLC), Trust Agreement (Renaissance Mortgage Acceptance Corp), Trust Agreement (Chec Funding LLC)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; authorized to exercise corporate trust powers; and (a) having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal or state authorities; and having (or having a parent that has) a rating of at least Baa3 by Xxxxx’xXxxxx'x; or (b) which the Rating Agencies have otherwise indicated in writing is an entity acceptable to act as Owner Trustee hereunder. If such corporation shall publish reports of condition at least annually pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, 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. In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.02.

Appears in 3 contracts

Samples: Trust Agreement (Harley Davidson Customer Funding Corp), Trust Agreement (Harley Davidson Customer Funding Corp), Trust Agreement (Harley Davidson Customer Funding Corp)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; Act, organized pursuant to the laws of the United States or a state of the United States, authorized to exercise corporate trust powers; and (a) having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal Federal or state authorities; and having (or having a parent that which has) a long-term rating of at least Baa3 “A” (or its equivalent) by Xxxxx’x; each of Standard & Poor's, and Fitch (or (b) which as is otherwise acceptable to the Rating Agencies have otherwise indicated in writing is an entity Agencies); and being acceptable to act as Owner Trustee hereunderthe Insurer. If such corporation shall publish reports of condition at least annually annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, 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. In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this SectionSection 10. 1, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.0210.2.

Appears in 3 contracts

Samples: Trust Agreement (First Horizon Asset Sec HELOC Notes Ser 2006-He2), Trust Agreement (First Horizon Asset Sec HELOC Notes Ser 2006-He1), Trust Agreement (First Horizon Asset Securities Inc)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times (i) be a corporation satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; (ii) be authorized to exercise corporate trust powers; and (aiii) having have a combined capital and surplus of at least $50,000,000 and shall be subject to supervision or examination by federal Federal or state authorities; and having (iv) shall have (or having shall have a parent that has) a long-term debt rating of at least Baa3 investment grade by Xxxxx’x; or (b) which each of the Rating Agencies have or be otherwise indicated in writing is an entity acceptable to act as Owner Trustee hereunderthe Rating Agencies. If such corporation shall publish reports of condition at least annually annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this SectionSection 10.1, 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. In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this SectionSection 10.1, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.0210.2.

Appears in 3 contracts

Samples: Trust Agreement (Mmca Auto Owner Trust 2002-5), Trust Agreement (Mmca Auto Owner Trust 2002-4), Trust Agreement (Mmca Auto Owner Trust 2002-5)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation Person satisfying the provisions of Section 3807(a) of the Statutory Trust StatuteAct; authorized to exercise corporate trust powers; and (a) having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal or state authorities; and having (or having a parent that which has) a rating of at least Baa3 by Xxxxx’x; Moody’s, or (b) which the at least BBB- by Standard & Poor’s or at least BBB- by Fitch, or otherwise satisfactory to each Rating Agencies have otherwise indicated in writing is an entity acceptable to act as Owner Trustee hereunderAgency. If such corporation Person shall publish reports of condition at least annually annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this SectionSection 9.01, the combined capital and surplus of such corporation Person shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this SectionSection 9.01, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.029.02.

Appears in 3 contracts

Samples: Trust Agreement (First National Funding LLC), Trust Agreement (First National Funding LLC), Trust Agreement (First National Master Note Trust)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation (i) satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; (ii) authorized to exercise corporate trust powers; and (aiii) having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal or state State authorities; and (iv) having (or having a parent that which has) a rating of at least Baa3 A3 by Xxxxx’xMoody’s or A-1 by Standard & Poor’s ; or and (bv) which the Rating Agencies have otherwise indicated in writing is an entity acceptable to act as Owner Trustee hereunderthe Insurer in its sole discretion. If such corporation shall publish reports of condition at least annually annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, 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. In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.0211.2.

Appears in 3 contracts

Samples: Deposit Trust Agreement (Sequoia Residential Funding Inc), Trust Agreement (Greenpoint Mortgage Securities LLC), Trust Agreement (Greenpoint Mortgage Securities LLC)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation or national banking association (i) satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; , (ii) authorized to exercise corporate trust powers; and (aiii) having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal Federal or state State authorities; and (iv) having (or having a parent that which has) a rating of at least Baa3 by Xxxxx’xMoody’s or A-1 by Standard & Poors; or and (bv) which the Rating Agencies have otherwise indicated in writing is an entity acceptable to act as Owner Trustee hereunderthe Certificateholders. If such corporation shall publish reports of condition at least annually annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, 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. In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.0210.2.

Appears in 3 contracts

Samples: Trust Agreement (Household Automotive Trust 2004-1), Trust Agreement (Household Auto Receivables Corp), Trust Agreement (Household Automotive Trust 2003-2)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times (i) be a corporation satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; (ii) be authorized to exercise corporate trust powers; and (aiii) having have a combined capital and surplus of at least $50,000,000 and shall be subject to supervision or examination by federal or state authorities; and having (iv) shall have (or having shall have a parent that has) a long-term debt rating of at least Baa3 investment grade by Xxxxx’x; or (b) which each of the Rating Agencies have or be otherwise indicated in writing is an entity acceptable to act as Owner Trustee hereunderthe Rating Agencies. If such corporation shall publish reports of condition at least annually annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this SectionSection 10.1, 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. In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this SectionSection 10.1, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.0210.2.

Appears in 3 contracts

Samples: Trust Agreement (Ford Motor Credit Co), Trust Agreement (Ford Credit Auto Receivables Two L P), Trust Agreement (Ford Motor Credit Co)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation (i) satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; (ii) authorized to exercise corporate trust powers; and (aiii) having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal Federal or state State authorities; and (iv) having (or having a parent that which has) a rating of at least Baa3 A3 by Xxxxx’xMoody's or A-1 by Standard & Poor's; or and (bv) which the Rating Agencies have otherwise indicated in writing is an entity acceptable to act as Owner Trustee hereunderthe Insurer in its sole discretion. If such corporation shall publish reports of condition at least annually annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, 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. In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.0211.2.

Appears in 3 contracts

Samples: Trust Agreement (Greenpoint Mortgage Securities Inc/), Trust Agreement (Greenpoint Mortgage Securities Inc/), Trust Agreement (Greenpoint Mortgage Securities Inc/)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation or national banking association (i) satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; (ii) authorized to exercise corporate trust powers; and [and] (aiii) having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal Federal or state State authorities[; and having (or having a parent that hasiv) a rating of at least Baa3 by Xxxxx’x; or (b) which the Rating Agencies have otherwise indicated in writing is an entity acceptable to act the Note Insurer in its sole discretion, so long as Owner Trustee hereunder. a Note Insurer Default shall not have occurred and be continuing.] If such corporation entity shall publish reports of condition at least annually annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, the combined capital and surplus of such corporation entity shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.029.2.

Appears in 3 contracts

Samples: Trust Agreement (Long Beach Acceptance Receivables Corp.), Trust Agreement (Triad Financial Corp), Trust Agreement (Long Beach Acceptance Corp)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation Person satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; authorized to exercise corporate trust powers; and (a) having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal or state authorities; and having (or having a parent that which has) a rating of at least Baa3 by Xxxxx’x; Xxxxx'x, at least BBB- by Standard & Poor's and, if rated by Fitch, at least BBB- by Fitch, or (b) which the otherwise satisfactory to each Rating Agencies have otherwise indicated in writing is an entity acceptable to act as Owner Trustee hereunderAgency. If such corporation Person shall publish reports of condition at least annually annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this SectionSECTION 9.1, the combined capital and surplus of such corporation Person shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this SectionSECTION 9.1, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.02SECTION 9.2.

Appears in 2 contracts

Samples: Trust Agreement (World Financial Network Credit Card Master Trust), Trust Agreement (World Financial Network Credit Card Master Trust)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times (i) be a corporation or other entity satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; (ii) at all times be able and authorized to exercise corporate trust powers; and (aiii) having have (or have a parent which has) a long‑term debt rating of at least investment grade by each Rating Agency or be otherwise acceptable to each Rating Agency; (iv) have (or have a parent which has) combined capital and surplus of at least $50,000,000 50,000,000; and (v) be subject to supervision or examination by federal or state authorities; and having (or having a parent that has) a rating of at least Baa3 by Xxxxx’x; or (b) which . If the Rating Agencies have otherwise indicated in writing is an entity acceptable to act as Owner Trustee hereunder. If such corporation shall publish reports of condition at least annually annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, the combined capital and surplus of such corporation the Owner Trustee shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.02.

Appears in 2 contracts

Samples: Trust Agreement (BMW Vehicle Lease Trust 2019-1), Trust Agreement (BMW Vehicle Lease Trust 2019-1)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation or national banking association (i) satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; , (ii) authorized to exercise corporate trust powers; and (aiii) having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal or state authorities; and (iv) having (or having a parent that which has) a rating of at least Baa3 by Xxxxx’xMoody’s or A-1 by Standard & Poor’s; or and (bv) which the Rating Agencies have otherwise indicated in writing is an entity acceptable to act as Owner Trustee hereunderthe Certificateholders. If such corporation shall publish reports of condition at least annually annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, 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. In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.0210.2.

Appears in 2 contracts

Samples: Trust Agreement (HSBC Automotive Trust (USA) 2006-3), Trust Agreement (HSBC Automotive Trust (USA) 2006-1)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; an entity authorized to exercise corporate trust powers; and (a) , having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal or state authorities; and having (or having a parent that hasparent) which has a rating of at least Baa3 by Xxxxx’x; Moody's, at least BBB- by Standard & Poor's and, if rated by Fitch, xx xxxst BBB- by Fitch, or (b) which the if not rated, otherwise satisfactory to each Note Rating Agencies have otherwise indicated in writing is an entity acceptable to act as Owner Trustee hereunderAgency. If such corporation entity shall publish reports of condition at least annually annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, the combined capital and surplus of such corporation entity shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.029.2. In addition, at all times the Owner Trustee or a co-trustee shall be a person that satisfies the requirements of Section 3807(a) of the Statutory Trust Act.

Appears in 2 contracts

Samples: Trust Agreement (Chase Credit Card Master Trust), Trust Agreement (Chase Credit Card Master Trust)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times (i) be a corporation satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; (ii) at all times be able and authorized to exercise corporate trust powers; (iii) have a long-term debt rating of “[A]” or higher by Moody’s and Standard and Poor’s, or be otherwise acceptable to each Rating Agency; (aiv) having a have combined capital and surplus of at least $50,000,000 [50,000,000]; and (v) be subject to supervision or examination by federal or state authorities; and having (or having a parent that has) a rating of at least Baa3 by Xxxxx’x; or (b) which . If the Rating Agencies have otherwise indicated in writing is an entity acceptable to act as Owner Trustee hereunder. If such corporation shall publish reports of condition at least annually annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, the combined capital and surplus of such corporation the Owner Trustee shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.02.

Appears in 2 contracts

Samples: Trust Agreement (Nissan-Infiniti Lt), Trust Agreement (Nissan Auto Leasing LLC Ii)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; authorized to exercise corporate trust powers; and (a) powers having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal Federal or state authorities; and having (or having a parent that which has) a long-term rating of at least Baa3 "A" by Xxxxx’x; or (b) which the Rating Agencies have otherwise indicated in writing is an entity acceptable to act as Owner Trustee hereunder. Standard & Poor's, a division of The XxXxxx-Xxxx Companies, Inc. and Xxxxx'x Investors Service, Inc. If such corporation shall publish reports of condition at least annually annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, 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. In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.0210.2.

Appears in 2 contracts

Samples: Trust Agreement (American Business Financial Services Inc /De/), Trust Agreement (American Business Financial Services Inc /De/)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times (i) be a corporation satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; (ii) at all times be able and authorized to exercise corporate trust powers; (iii) have a long-term debt rating of "A" or higher by Moody's and Standard and Poor's, or be otherwise acceptable to each Rating Agency; (aiv) having a have combined capital and surplus of at least $50,000,000 50,000,000; and (v) be subject to supervision or examination by federal or state authorities; and having (or having a parent that has) a rating of at least Baa3 by Xxxxx’x; or (b) which . If the Rating Agencies have otherwise indicated in writing is an entity acceptable to act as Owner Trustee hereunder. If such corporation shall publish reports of condition at least annually annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, the combined capital and surplus of such corporation the Owner Trustee shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.02.

Appears in 2 contracts

Samples: Trust Agreement (Nissan Auto Leasing LLC Ii), Trust Agreement (Nissan Auto Lease Trust 2004-A)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation Person satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; authorized to exercise corporate trust powers; and (a) having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal or state authorities; and having (or having a parent that which has) a rating of at least Baa3 by Xxxxx’x; Xxxxx'x, at least BBB- by Standard & Poor's and, if rated by Fitch, at least BBB- by Fitch, or (b) which the otherwise satisfactory to each Rating Agencies have otherwise indicated in writing is an entity acceptable to act as Owner Trustee hereunderAgency. If such corporation Person shall publish reports of condition at least annually annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this SectionSection 9.1, the combined capital and surplus of such corporation Person shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this SectionSection 9.1, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.029.2.

Appears in 2 contracts

Samples: Trust Agreement (Fnanb Credit Card Master Trust), Trust Agreement (Dc Funding International Inc)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times (i) be a corporation satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; (ii) at all times be able and authorized to exercise corporate trust powers; (iii) have a long-term debt rating of “A” or higher by Moody’s and Standard and Poor’s, or be otherwise acceptable to each Rating Agency; (aiv) having a have combined capital and surplus of at least $50,000,000 50,000,000; and (v) be subject to supervision or examination by federal or state authorities; and having (or having a parent that has) a rating of at least Baa3 by Xxxxx’x; or (b) which . If the Rating Agencies have otherwise indicated in writing is an entity acceptable to act as Owner Trustee hereunder. If such corporation shall publish reports of condition at least annually annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, the combined capital and surplus of such corporation the Owner Trustee shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.02.

Appears in 2 contracts

Samples: Trust Agreement (Nissan Auto Leasing LLC Ii), Trust Agreement (Nissan Auto Leasing LLC Ii)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation Person (a) satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; , (b) authorized to exercise corporate trust powers; and , (ac) having (or having a parent that has) a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal or state authorities; , and (d) having (or having a parent that has) a rating of at least Baa3 by Xxxxx’x; or Xxxxx’x and BBB- by Fitch (b) which the Rating Agencies have otherwise indicated in writing is an entity acceptable to act as Owner Trustee hereunderif rated by Fitch). If such corporation shall publish reports of condition at least annually pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this SectionSection 10.01, 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. In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this SectionSection 10.01, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.02.

Appears in 2 contracts

Samples: Trust Agreement (American Capital Strategies LTD), Trust Agreement (American Capital Strategies LTD)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation an entity (i) satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; (ii) authorized to exercise corporate trust powers; and (aiii) having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal or state authorities; and having (or having a parent that hasiv) a rating of at least Baa3 by Xxxxx’x; or (b) which the Rating Agencies have otherwise indicated in writing is an entity acceptable to act as Owner Trustee hereunderthe Majority Holders in their sole discretion (it being understood that Wilmington Trust Company, is acceptable to the Majority Holders on the Closing Date); and (v) subject to supervision or regulation by federal or State authorities. If such corporation entity shall publish reports of condition at least annually annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, the combined capital and surplus of such corporation entity shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.029.2.

Appears in 2 contracts

Samples: Trust Agreement (Bay View Capital Corp), Trust Agreement (Bay View Capital Corp)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation (i) satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; (ii) authorized to exercise corporate trust powers; and (aiii) having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal Federal or state State authorities; and (iv) having (or having a parent that which has) a rating of at least Baa3 by Xxxxx’xXxxxx'x or A-1 by Standard & Poor's; or and (bv) which the Rating Agencies have otherwise indicated in writing is an entity acceptable to act as Owner Trustee hereunderthe Insurer in its sole discretion. If such corporation shall publish reports of condition at least annually annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, 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. In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.0210.2.

Appears in 2 contracts

Samples: Trust Agreement (Headlands Mortgage Securities Inc), Trust Agreement (Greenpoint Home Equity Loan Trust 1999 2)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation or association (i) satisfying the provisions of Section 3807(a) of the Delaware Statutory Trust StatuteAct; (ii) being authorized to exercise corporate trust powers; and (aiii) having a combined capital and surplus of at least $50,000,000 and being subject to supervision or examination by federal Federal or state authorities; and (iv) having (or having a parent that which has) a rating of at least Baa3 “Baa3” by Xxxxx’x; or (b) which Xxxxx’x and at least “BBB” by S&P. If the Rating Agencies have otherwise indicated in writing is an entity acceptable to act as Owner Trustee hereunder. If such corporation shall publish reports of condition at least annually annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, the combined capital and surplus of such corporation the Owner Trustee shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this SectionSection or Section 3807(a) of the Delaware Statutory Trust Act, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.02.

Appears in 2 contracts

Samples: Trust Agreement (Key Consumer Receivables LLC), Trust Agreement (KeyCorp Student Loan Trust 2005-A)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation or national banking association (i) satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; , (ii) authorized to exercise corporate trust powers; and (aiii) having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal or state authorities; and (iv) having (or having a parent that which has) a rating of at least Baa3 by Xxxxx’xXxxxx’x or A-1 by Standard & Poors; or and (bv) which the Rating Agencies have otherwise indicated in writing is an entity acceptable to act as Owner Trustee hereunderthe Certificateholders. If such corporation shall publish reports of condition at least annually annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, 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. In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.0210.2.

Appears in 2 contracts

Samples: Trust Agreement (HSBC Automotive Trust 2005-3), Trust Agreement (HSBC Automotive Trust 2005-1)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation Person (a) satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; (b) authorized to exercise corporate trust powers; and (ac) having a combined capital and surplus of (or having a parent with a combined capital and surplus of) at least $50,000,000 100,000,000 and subject to supervision or examination by federal or state banking authorities; and (d) having (or having a parent that has) a an investment grade rating of at least Baa3 by Xxxxx’x; or (b) which the Rating Agencies have otherwise indicated in writing is an entity acceptable with respect to act as Owner Trustee hereunderS&P and Mxxxx’x. If such corporation Person shall publish reports of condition at least annually pursuant to law Applicable Law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this SectionSection 10.01, the combined capital and surplus of such corporation Person shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this SectionSection 10.01, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.02.

Appears in 2 contracts

Samples: Trust Agreement (Horizon Technology Finance Corp), Trust Agreement (Horizon Technology Finance Corp)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; an entity authorized to exercise corporate trust powers; and (a) , having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal or state authorities; and having (or having a parent that hasparent) which has a rating of at least Baa3 by Xxxxx’x; Xxxxx'x, at least BBB- by Standard & Poor's and, if rated by Fitch, at least BBB- by Fitch, or (b) which the if not rated, otherwise satisfactory to each Note Rating Agencies have otherwise indicated in writing is an entity acceptable to act as Owner Trustee hereunderAgency. If such corporation entity shall publish reports of condition at least annually annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, the combined capital and surplus of such corporation entity shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.029.2. In addition, at all times the Owner Trustee or a co-trustee shall be a person that satisfies the requirements of Section 3807(a) of the Statutory Trust Act.

Appears in 2 contracts

Samples: Trust Agreement (Chase Manhattan Bank Usa), Trust Agreement (Chase Credit Card Master Trust)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation (i) satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; (ii) authorized to exercise corporate trust powers; and (aiii) having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal Federal or state State authorities; and (iv) having (or having a parent that which has) a rating of at least Baa3 by Xxxxx’x; Moody's or (b) which A-1 by Standard & Poor's or being otherwise acceptable to the Rating Agencies have otherwise indicated in writing is an entity Agencies; and (v) acceptable to act as Owner Trustee hereunderthe Insurer in its sole discretion. If such corporation shall publish reports of condition at least annually annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this SectionSection 10.01, 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. In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.02.

Appears in 2 contracts

Samples: Trust Agreement (Advanta Conduit Receivables Inc), Trust Agreement (Advanta Conduit Receivables Inc)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation or national banking association (i) satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; , (ii) authorized to exercise corporate trust powers; and (aiii) having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal or state authorities; and (iv) having (or having a parent that which has) a rating of at least Baa3 by Xxxxx’xXxxxx’x or A-1 by Standard & Poor’s; or and (bv) which the Rating Agencies have otherwise indicated in writing is an entity acceptable to act as Owner Trustee hereunderthe Certificateholders. If such corporation shall publish reports of condition at least annually annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, 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. In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.0210.2.

Appears in 2 contracts

Samples: Trust Agreement (HSBC Automotive Trust (USA) 2007-1), Trust Agreement (HSBC Auto Receivables Corp)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation (i) satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; (ii) authorized to exercise corporate trust powers; and (aiii) having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal Federal or state State authorities; and (iv) having (or having a parent that which has) a rating of at least Baa3 by Xxxxx’xMoody's or A- 0 by Standard & Poors; or and (bv) which the Rating Agencies have otherwise indicated in writing is an entity acceptable to act as Owner Trustee hereunderthe Certificateholders. If such corporation shall publish reports of condition at least annually annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, 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. In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.0210.2.

Appears in 2 contracts

Samples: Trust Agreement (Household Automotive Trust Iv Series 2000-1), Trust Agreement (Household Automotive Trust v Series 2000 2)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; an entity authorized to exercise corporate trust powers; and (a) , having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal or state authorities; and having (or having a parent that hasparent) which has a rating of at least Baa3 by Xxxxx’x; Moody's, at least BBB- by Standard & Poor's and, if rated by Fitch, xx xxast BBB- by Fitch, or (b) which the if not rated, otherwise satisfactory to each Note Rating Agencies have otherwise indicated in writing is an entity acceptable to act as Owner Trustee hereunderAgency. If such corporation entity shall publish reports of condition at least annually annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, the combined capital and surplus of such corporation entity shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.029.2. In addition, at all times the Owner Trustee or a co-trustee shall be a person that satisfies the requirements of Section 3807(a) of the Statutory Trust Act.

Appears in 2 contracts

Samples: Trust Agreement (Chase Credit Card Master Trust), Trust Agreement (Chase Manhattan Bank Usa)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation or banking association satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; authorized to exercise corporate trust powers; and (a) having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal Federal or state authorities; and having (or having a parent that has) a rating of at least Baa3 "Baa3" by Xxxxx’x; Moody's and "A-1" by S&P (or (b) which otherwise acceptable to the Rating Agencies have otherwise indicated in writing is an entity Agencies) and being acceptable to act as Owner Trustee hereunderthe Note Insurer. If such corporation entity shall publish reports of condition at least annually annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this SectionSection 10.01, the combined capital and surplus of such corporation entity shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this SectionSection 10.01, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.02.

Appears in 1 contract

Samples: Trust Agreement (Morgan Stanley Abs Capital I Inc)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation or banking association satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; authorized to exercise corporate trust powers; and (a) having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal Federal or state authorities; and having (or having a parent that has) a rating of at least Baa3 “Baa3” by Xxxxx’x; , “A-1” by S&P and “BBB” by Fitch (or (b) which otherwise acceptable to the Rating Agencies have otherwise indicated in writing is an entity acceptable to act as Owner Trustee hereunderAgencies). If such corporation entity shall publish reports of condition at least annually annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this SectionSection 11.01, the combined capital and surplus of such corporation entity shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this SectionSection 11.01, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.0211.02.

Appears in 1 contract

Samples: Trust Agreement (Accredited Mortgage Loan Trust 2004-3)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; an entity authorized to exercise corporate trust powers; and (a) , having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal or state authorities; and having (or having a parent that hasparent) which has a rating of at least Baa3 by Xxxxx’x; Moody's, at least BBB- by Standard & Poor's and, if rated by Fitch, xx xxxxt BBB- by Fitch, or (b) which the if not rated, otherwise satisfactory to each Note Rating Agencies have otherwise indicated in writing is an entity acceptable to act as Owner Trustee hereunderAgency. If such corporation entity shall publish reports of condition at least annually annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, the combined capital and surplus of such corporation entity shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.029.2. In addition, at all times the Owner Trustee or a co-trustee shall be a person that satisfies the requirements of Section 3807(a) of the Statutory Trust Act.

Appears in 1 contract

Samples: Trust Agreement (Chase Credit Card Owner Trust 2004-2)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; authorized to exercise corporate trust powers; and (a) powers having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal Federal or state authorities; and having (or having a parent that which has) a long-term rating of at least Baa3 “A” by Xxxxx’x; or (b) which the Rating Agencies have otherwise indicated in writing is an entity acceptable to act as Owner Trustee hereunder. Standard & Poor’s, a division of The MxXxxx-Xxxx Companies, Inc. and Mxxxx’x Investors Service, Inc. If such corporation shall publish reports of condition at least annually annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, 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. In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.0210.2.

Appears in 1 contract

Samples: Trust Agreement (Capitalsource Inc)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; authorized to exercise corporate trust powers; and (a) having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal or state authorities; and having (or having a parent that has) a rating of time deposits that are rated at least Baa3 “P-1” by Xxxxx’x; Moody’s and at least “A-1” by Standard & Poor’s, or (b) which the Rating Agencies have is otherwise indicated in writing is an entity acceptable to act as Owner Trustee hereundereach Rating Agency. If such corporation shall publish reports of condition at least annually pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, 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. In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.02.

Appears in 1 contract

Samples: Trust Agreement (GS Auto Loan Trust 2005-1)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times (i) not be an Affiliate of GMF, (ii) have (or have a corporation satisfying the provisions of Section 3807(aparent that has) of the Statutory Trust Statute; authorized to exercise corporate trust powers; and (a) having a combined capital and surplus of at least $50,000,000 and 50,000,000, (iii) have (or have a parent that has) a long-term debt rating of at least investment grade by each Rating Agency or be otherwise acceptable to each Rating Agency, (iv) be subject to supervision or examination by federal or state authorities; authorities and having (or having a parent that hasv) a rating be authorized to exercise trust powers in the State of at least Baa3 by Xxxxx’x; or (b) which Delaware. If the Rating Agencies have otherwise indicated in writing is an entity acceptable to act as Owner Trustee hereunder. If such corporation shall publish publishes reports of condition at least annually annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this SectionSection 9.01, the combined capital and surplus of such corporation shall will be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. In case If at any time the Owner Trustee shall cease ceases to be eligible in accordance with the provisions of this Section, the Owner Trustee shall will resign immediately in the manner and with the effect specified in Section 10.029.02.

Appears in 1 contract

Samples: Master Trust Agreement (GMF Floorplan Owner Revolving Trust)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation or national banking association (i) satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; , (ii) authorized to exercise corporate trust powers; and (aiii) having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal or state authorities; and (iv) having (or having a parent that which has) a rating of at least Baa3 by Xxxxx’xMoody’s or A-1 by Standard & Poors; or and (bv) which the Rating Agencies have otherwise indicated in writing is an entity acceptable to act as Owner Trustee hereunderthe Certificateholders. If such corporation shall publish reports of condition at least annually annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, 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. In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.0210.2.

Appears in 1 contract

Samples: Trust Agreement (HSBC Auto Receivables Corp)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times (i) be a corporation satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; , (ii) be authorized to exercise corporate trust powers; and , (aiii) having have a combined capital and surplus of at least $50,000,000 and 50,000,000, (iv) be subject to supervision or examination by federal or state authorities; authorities and having (v) have (or having have a parent that has) a rating of long-term debt obligations rated at least Baa3 “A” by Xxxxx’x; Moody’s, Standard & Poor’s or (b) which the Rating Agencies have otherwise indicated in writing is an entity acceptable to act as Owner Trustee hereunderFitch, if rated by Fitch. If such corporation shall publish reports of condition at least annually pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, 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. In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.029.02.

Appears in 1 contract

Samples: Trustee Trust Agreement (Irwin Whole Loan Home Equity Trust 2004 A)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times (i) be a corporation satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; (ii) at all times be able and authorized to exercise corporate trust powers; (iii) have a long-term debt rating of investment grade or higher by Xxxxx’x, Standard & Poor’s and Fitch, or be otherwise acceptable to each Rating Agency; (aiv) having a have combined capital and surplus of at least $50,000,000 50,000,000; and (v) be subject to supervision or examination by federal or state authorities; and having (or having a parent that has) a rating of at least Baa3 by Xxxxx’x; or (b) which . If the Rating Agencies have otherwise indicated in writing is an entity acceptable to act as Owner Trustee hereunder. If such corporation shall publish reports of condition at least annually annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, the combined capital and surplus of such corporation the Owner Trustee shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.02.

Appears in 1 contract

Samples: Trust Agreement (Nissan Auto Lease Trust 2009-B)

Eligibility Requirements for Owner Trustee. The ------------------------------------------ Owner Trustee shall at all times be a corporation (i) satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; (ii) authorized to exercise corporate trust powers; and (aiii) having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal Federal or state State authorities; and (iv) having (or having a parent that which has) a rating of at least Baa3 by Xxxxx’xXxxxx'x or A-1 by Standard & Poors; or and (bv) which the Rating Agencies have otherwise indicated in writing is an entity acceptable to act as Owner Trustee hereunderthe Credit Enhancer in its sole discretion. If such corporation shall publish reports of condition at least annually annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, 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. In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.0210.2.

Appears in 1 contract

Samples: Executive Copy (Headlands Mortgage Securities Inc)

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Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times times: (a) be a corporation satisfying the provisions of Section 3807(acorporation, a national banking association or a bank; (b) of the Statutory Trust Statute; be authorized to exercise corporate trust powers; and (ac) having have a combined capital and surplus of at least $50,000,000 and be subject to supervision or examination by federal or state authorities; and having (or having d) have a parent that has) a long-term unsecured debt rating of at least Baa3 by Xxxxx’x; Xxxxx'x Investors Service, Inc. or (b) which the Rating Agencies have be otherwise indicated in writing is an entity acceptable satisfactory to act as Owner Trustee hereunder. Xxxxx'x Investors Service, Inc. If such corporation Person or bank shall publish reports of condition at least annually annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this SectionSection 6.13, the combined capital and surplus of such corporation Person or bank shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. In case If at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this SectionSection 6.13, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.026.10.

Appears in 1 contract

Samples: Trust Agreement (Navistar Financial Retail Receivables Corporation)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation or other institution (i) satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; (ii) authorized to exercise corporate trust powers; and (aiii) having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal or state authorities; authorities and having (or having a parent that hasiv) a rating of at least Baa3 by Xxxxx’x; or (b) which the Rating Agencies have otherwise indicated in writing is an entity acceptable to act the Note Insurer in its sole discretion, so long as Owner Trustee hereunderan Insurer Default shall not have occurred and be continuing. If such corporation or other institution shall publish reports of condition at least annually annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, the combined capital and surplus of such corporation or other institution shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.0210.2.

Appears in 1 contract

Samples: Trust Agreement (United Fidelity Auto Receivables Trust 2002-A)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; authorized to exercise corporate trust powers; and (a) having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal Federal or state authorities; and having (or having a parent that has) a rating of at least Baa3 "Baa3" by Xxxxx’x; Moody's and "A-1" by Standard & Poor's (or (b) which otherwise acceptable to the Rating Agencies have otherwise indicated in writing is an entity Agencies) and being acceptable to act as Owner Trustee hereunderthe Note Insurer. If such corporation shall publish reports of condition at least annually annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, 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. In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.0210.2.

Appears in 1 contract

Samples: Deposit Trust Agreement (Prudential Securities Secured Financing Corp)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Trust StatuteAct; authorized to exercise corporate trust powers; and (a) having a combined capital and surplus of at least $50,000,000 [__________]and subject to supervision or examination by federal Federal or state authorities; and having (or having a parent that which has) a long-term rating of at least Baa3 “[__]” (or its equivalent) by Xxxxx’x; each of Standard & Poor’s, and Fitch (or (b) which as is otherwise acceptable to the Rating Agencies have otherwise indicated in writing is an entity Agencies); and being acceptable to act as Owner Trustee hereunderthe Insurer. If such corporation shall publish reports of condition at least annually annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, 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. In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this SectionSection 10.1, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.0210.2.

Appears in 1 contract

Samples: Trust Agreement (First Horizon Asset Securities Inc)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation (i) satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; (ii) authorized to exercise corporate trust powers; and [and] (aiii) having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal or state authorities; [and having (or having a parent that hasiv) a rating of at least Baa3 by Xxxxx’x; or (b) which the Rating Agencies have otherwise indicated in writing is an entity acceptable to act the Security Insurer in its sole discretion, so long as Owner Trustee hereunder. an Insurer Default shall not have occurred and be continuing.] If such corporation shall publish reports of condition at least annually annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, 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. In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.029.2.

Appears in 1 contract

Samples: Trust Agreement (AFS Funding Trust)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times (i) be a corporation satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; Act, (ii) be authorized to exercise corporate trust powers; and , (aiii) having have a combined capital and surplus of at least $50,000,000 and 50,000,000, (iv) be subject to supervision or examination by federal or state authorities; authorities and having (v) have (or having have a parent that has) a rating of long-term debt obligations rated at least Baa3 “A” by Xxxxx’x; Moody’s, or (b) which the Rating Agencies have otherwise indicated in writing is an entity acceptable to act as Owner Trustee hereunderStandard & Poor’s or Fitch, if rated by Fitch. If such corporation shall publish reports of condition at least annually pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, 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. In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.029.02.

Appears in 1 contract

Samples: Trust Agreement (Irwin Home Equity Loan Trust 2004-1)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation (i) satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; (ii) authorized to exercise corporate trust powers; and (aiii) having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal Federal or state State authorities; and (iv) having (or having a parent that which has) a rating of at least Baa3 by Xxxxx’xMoody's or A- 1 by Standard & Poors; or and (bv) which accexxxxle to the Rating Agencies have otherwise indicated in writing is an entity acceptable to act as Owner Trustee hereunderCertificateholders. If such corporation shall publish reports of condition at least annually annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, 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. In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.0210.2.

Appears in 1 contract

Samples: Execution (Household Automobile Revolving Trust I)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; authorized to exercise corporate trust powers; and (a) having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal or state authorities; and having (or having a parent that which has) a long-term rating of at least Baa3 "A" (or its equivalent) by Xxxxx’x; or (b) which the Rating Agencies have otherwise indicated in writing is an entity each of Standard & Poor's Ratings Services, a division of The XxXxxx-Xxxx Companies, Inc., and Xxxxx'x Investors Service, Inc. and being acceptable to act as Owner Trustee hereunderthe Insurer. If such corporation shall publish reports of condition at least annually annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, 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. In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this SectionSection 11.1, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.0211.2.

Appears in 1 contract

Samples: Trust Agreement (Renaissance Mortgage Acceptance Corp)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation (i) satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; (ii) authorized to exercise corporate trust powers; and (aiii) having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal or state State authorities; and (iv) having (or having a parent that which has) a rating of at least Baa3 A3 by Xxxxx’xXxxxx'x or A-1 by Standard & Poor's ; or and (bv) which the Rating Agencies have otherwise indicated in writing is an entity acceptable to act as Owner Trustee hereunderthe Insurer in its sole discretion. If such corporation shall publish reports of condition at least annually annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, 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. In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.0211.2.

Appears in 1 contract

Samples: Trust Agreement (Sequoia HELOC Trust 2004-1)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times (i) be a corporation satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; , (ii) be authorized to exercise corporate trust powers; and , (aiii) having have a combined capital and surplus of at least $50,000,000 and 50,000,000, (iv) be subject to supervision or examination by federal or state authorities; authorities and having (v) have (or having have a parent that has) a rating of long-term debt obligations rated at least Baa3 "A" by Xxxxx’x; Xxxxx'x, Standard & Poor's or (b) which the Rating Agencies have otherwise indicated in writing is an entity acceptable to act as Owner Trustee hereunderFitch, if rated by Fitch. If such corporation shall publish reports of condition at least annually pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, 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. In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.029.02.

Appears in 1 contract

Samples: Trust Agreement (Bear Stearns Asset Backed Securities Inc)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation reasonably acceptable to the Bond Insurer and satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; authorized to exercise corporate trust powers; and (a) having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal or state authorities; and having (or having a parent that has) a rating of at least Baa3 by Xxxxx’x; or (b) which the Rating Agencies have is otherwise indicated in writing is an entity acceptable to act as Owner Trustee hereunderthe Bond Insurer, [Xxxxx'x] and [Standard & Poor's]. If such corporation shall publish reports of condition at least annually pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, 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. In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this SectionSection 9.01, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.029.02.

Appears in 1 contract

Samples: Trust Agreement (Novastar Mortgage Funding Corp)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation or national banking association satisfying the provisions of Section 3807(a) of the Statutory Delaware Trust Statute; authorized to exercise corporate trust powers; and (a) having or having a parent corporation that has a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal Federal or state authorities; and having (or having a parent that which has) a short-term debt rating of at least Baa3 by Xxxxx’x; "A-1" or (b) the equivalent by, or which the is otherwise acceptable to, each Rating Agencies have otherwise indicated in writing is an entity acceptable to act as Owner Trustee hereunderAgency. If such corporation or national banking association shall publish reports of condition at least annually annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, the combined capital and surplus of such corporation or national banking association shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.029.02.

Appears in 1 contract

Samples: Trust Agreement (PHH Mortgage Trust, Series 2008-Cim2)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation (i) satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; (ii) authorized to exercise corporate trust powers; and (aiii) having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal Federal or state State authorities; and (iv) having (or having a parent that which has) a rating of at least Baa3 by Xxxxx’x; Moody's or (b) which A-1 by Standard & Poor's or being otherwise acceptable to the Rating Agencies have otherwise indicated in writing is an entity Agencies; and (v) acceptable to act as Owner Trustee hereunderthe Insurer in its sole discretion. If such corporation shall publish reports of condition at least annually annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, 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. In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.02SECTION 10.2.

Appears in 1 contract

Samples: Trust Agreement (Advanta Conduit Receivables Inc)

Eligibility Requirements for Owner Trustee. The Owner ------------------------------------------ Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; authorized to exercise corporate trust powers; and (a) having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal Federal or state authorities; and having (or having a parent that which has) a short-term debt rating of at least Baa3 "Duff-1" by Xxxxx’x; DCR, "A-1"by Fitch and "A-1" by S&P or (b) which the Rating Agencies have is otherwise indicated in writing is an entity acceptable to act as Owner Trustee hereundereach Rating Agency. If such corporation shall publish reports of condition at least annually annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, 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. In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.02.

Appears in 1 contract

Samples: Trust Agreement (Firstplus Investment Corp)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation or national banking association satisfying the provisions of Section 3807(a) of the Statutory Trust StatuteAct; authorized to exercise corporate trust powers; and (a) having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal Federal or state authorities; and having (or having a parent that which has) a long-term rating of at least Baa3 “Baa3” (or its equivalent) by Xxxxx’x; Moody’s and “A” (or (bits equivalent) which the Rating Agencies have otherwise indicated in writing is an entity acceptable to act as Owner Trustee hereunderby Standard & Poor’s. If such corporation shall publish reports of condition at least annually annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, 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. In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this SectionSection 10.1, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.0210.2.

Appears in 1 contract

Samples: Trust Agreement (Household Mortgage Loan Trust 2003-Hc1)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times (i) be a corporation satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; (ii) be authorized to exercise corporate trust powers; and (aiii) having have a combined capital and surplus of at least $50,000,000 and shall be subject to supervision or examination by federal Federal or state authorities; and having (iv) shall have (or having shall have a parent that has) a long-term debt rating of at least Baa3 investment grade by Xxxxx’x; or (b) which each of the Rating Agencies have or be otherwise indicated in writing is an entity acceptable to act as Owner Trustee hereunderthe Rating Agencies. If such corporation shall publish reports of condition at least annually annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this SectionSection 10.1, 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. In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this SectionSection 10.1, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.02.10.2. SECTION 10.2

Appears in 1 contract

Samples: Mmca Auto Receivables Inc

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation or other institution (i) satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; (ii) authorized to exercise corporate trust powers; and (aiii) having a combined capital and surplus of at least $50,000,000 [__________] and subject to supervision or examination by federal or state authorities; authorities and having (or having a parent that hasiv) a rating of at least Baa3 by Xxxxx’x; or (b) which the Rating Agencies have otherwise indicated in writing is an entity acceptable to act the Note Insurer in its sole discretion, so long as Owner Trustee hereunderan Insurer Default shall not have occurred and be continuing. If such corporation or other institution shall publish reports of condition at least annually annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, the combined capital and surplus of such corporation or other institution shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.0210.2.

Appears in 1 contract

Samples: Trust Agreement (United Fidelity Finance LLC)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; authorized to exercise corporate trust powers; and (a) having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal or state authorities; and having (or having a parent that which has) a long-term unsecured rating of at least Baa3 by Xxxxx’x; Moody's, at least BBB- by Standard & Poor's and, if rated by Fitch, at least BBB- by Fitch, or (b) which the otherwise satisfactory to each Rating Agencies have otherwise indicated in writing is an entity acceptable to act as Owner Trustee hereunderAgency. If such corporation shall publish reports of condition at least annually annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, 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. In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this SectionSection 9.01, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.029.02.

Appears in 1 contract

Samples: Household Affinity Funding Corp Iii

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation (i) satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; (ii) authorized to exercise corporate trust powers; and (aiii) having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal or state State authorities; and (iv) having (or having a parent that which has) a rating of at least Baa3 A3 by Xxxxx’xMoody's or A-1 by Standard & Poor's ; or and (bv) which the Rating Agencies have otherwise indicated in writing is an entity acceptable to act as Owner Trustee hereunderthe Insurer in its sole discretion. If such corporation shall publish reports of condition at least annually annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, 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. In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.0211.2.

Appears in 1 contract

Samples: Trust Agreement (Greenpoint Mortgage Securities Inc/)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation reasonably acceptable to the Bond Insurer and satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; authorized to exercise corporate trust powers; and (a) having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal or state authorities; and having (or having a parent that has) a rating of at least Baa3 by Xxxxx’x; or (b) which the Rating Agencies have is otherwise indicated in writing is an entity acceptable to act as Owner Trustee hereunderthe Bond Insurer, Moody's and Standard & Poor's. If such corporation shall corporxxxxx xhall publish reports of condition at least annually pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, 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. In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this SectionSection 9.01, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.029.02.

Appears in 1 contract

Samples: Trust Agreement (Novastar Mortgage Funding Corp)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation (i) satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; (ii) authorized to exercise corporate trust powers; and (aiii) having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal Federal or state State authorities; and (iv) having (or having a parent that which has) a rating of at least Baa3 by Xxxxx’xXxxxx'x or A-1 by Standard & Poor's; or and (bv) which the Rating Agencies have otherwise indicated in writing is an entity acceptable to act as Owner Trustee hereunderthe Insurer and Xxxxxxx Mac. If such corporation shall publish reports of condition at least annually annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, 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. In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.0211.2.

Appears in 1 contract

Samples: Trust Agreement (Greenpoint Mortgage Securities Inc/)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; authorized to exercise corporate trust powers; and (a) having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal or state authorities; and having (or having a parent that has) a rating of at least Baa3 by Xxxxx’xMxxxx’x; or (b) which the Rating Agencies have otherwise indicated in writing is an entity acceptable to act as Owner Trustee hereunder. If such corporation shall publish reports of condition at least annually pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, 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. In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.02.

Appears in 1 contract

Samples: Trust Agreement (Harley-Davidson Motorcycle Trust 2008-1)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; authorized to exercise corporate trust powers; and an entity (ai) having a combined capital and surplus of at least $50,000,000 50,000,000, (ii) having its long-term unsecured debt rated at least Baa3 by Moody's and BBB- by Standard & Poor's, or such other ratings as shall be reasonably satisfactory to the Rating Agencies, (iii) be subject to supervision or examination by federal or state authorities; authorities and having (or having a parent that hasiv) a rating authorized to exercise trust powers in the State of at least Baa3 by Xxxxx’x; or (b) which the Rating Agencies have otherwise indicated in writing is an entity acceptable to act as Owner Trustee hereunderDelaware. If such corporation shall publish entity publishes reports of condition at least annually annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this SectionSection 9.01, the combined capital and surplus of such corporation shall will be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. In case If at any time the Owner Trustee shall cease ceases to be eligible in accordance with the provisions of this Section, the Owner Trustee shall will resign immediately in the manner and with the effect specified in Section 10.029.02.

Appears in 1 contract

Samples: Trust Agreement (Nissan Wholesale Receivables Corp Ii)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; authorized to exercise corporate trust powers; and (a) having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal Federal or state authorities; and having (or having a parent that has) a rating of at least Baa3 "Baa3" by Xxxxx’x; Xxxxx'x and "A-1" by Standard & Poor's (or (b) which otherwise acceptable to the Rating Agencies have otherwise indicated in writing is an entity Agencies) and being acceptable to act as Owner Trustee hereunderthe Note Insurer. If such corporation shall publish reports of condition at least annually annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, 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. In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.0210.2.

Appears in 1 contract

Samples: Deposit Trust Agreement (Residential Asset Funding Corp)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; authorized to exercise corporate trust powers; and (a) , having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal or state authorities; and having (or having a parent that hasparent) which has a rating of at least Baa3 by Xxxxx’x; Moody's, at least BBB- xx Xxxndard & Poor's and, if rated by Fitch, at least BBB- by Fitch, or (b) which the if not rated, otherwise satisfactory to each Note Rating Agencies have otherwise indicated in writing is an entity acceptable to act as Owner Trustee hereunderAgency. If such corporation shall publish reports of condition at least annually annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, 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. In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.029.2.

Appears in 1 contract

Samples: Trust Agreement (Chase Manhattan Bank Usa Chase Credit Card Owner Tr 2000-1)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times (i) be a corporation satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; , (ii) be authorized to exercise corporate trust powers; and , (aiii) having have a combined capital and surplus of at least $50,000,000 and 50,000,000, (iv) be subject to supervision or examination by federal or state authorities; and having , (v) have (or having have a parent that has) a rating of long-term debt obligations rated at least Baa3 A by Xxxxx’x; Moody's or Standard & Poor's, and (bvi) which the Rating Agencies have be otherwise indicated in writing is an entity acceptable to act as Owner Trustee hereunderthe Note Insurer. If such corporation shall publish reports of condition at least annually pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, 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. In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.029.02.

Appears in 1 contract

Samples: Deposit Trust Agreement (Bear Stearns Asset Backed Securities Inc)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; authorized to exercise corporate trust powers; and (a) having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal or state authorities; and having (or having a parent that has) a rating of at least Baa3 by Xxxxx’x; or (b) which the Rating Agencies have is otherwise indicated in writing is an entity acceptable to act as Owner Trustee hereunderthe Bond Insurer, Fitch Ratings, Moody's and Standard & Poor's. If such corporation sxxx xxxporation shall publish reports of condition at least annually pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, 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. In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this SectionSection 9.01, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.029.02.

Appears in 1 contract

Samples: Trust Agreement (Imh Assets Corp)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation or national banking association satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; authorized to exercise corporate trust powers; and (a) having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal Federal or state authorities; and having (or having a parent that which has) a long-term rating of at least Baa3 "Baa3" (or its equivalent) by Xxxxx’x; Xxxxx'x and "A" (or (bits equivalent) which the Rating Agencies have otherwise indicated in writing is an entity acceptable to act as Owner Trustee hereunderby Standard & Poor's. If such corporation shall publish reports of condition at least annually annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, 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. In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this SectionSection 10.1, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.0210.2.

Appears in 1 contract

Samples: Trust Agreement (Household Mortgage Loan Trust 2002 Hc1)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times (i) be a corporation satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; (ii) be authorized to exercise corporate trust powers; and (aiii) having have a combined capital and surplus of at least $50,000,000 and shall be subject to supervision or examination by federal or state authorities; and having (iv) shall have (or having shall have a parent that has) a long-term debt rating of at least Baa3 investment grade by Xxxxx’x; or (b) which each of the Rating Agencies have or be otherwise indicated in writing is an entity acceptable to act as Owner Trustee hereunderthe Rating Agencies. If such corporation shall publish reports of condition at least annually annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this SectionSection 10.1, 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 condi tion so published. In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this SectionSection 10.1, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.0210.2.

Appears in 1 contract

Samples: Trust Agreement (Ford Credit Auto Receivables Two L P)

Eligibility Requirements for Owner Trustee. The Owner Trustee Trustee, or its parent, shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; authorized to exercise corporate trust powers; and (a) having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal or state authorities; and having (or having a parent that has) a rating of at least Baa3 by Xxxxx’x; Moody's and/or at least BBB- by Standard and Poor's or (b) which is otherwise acceptable to the Insurers and the Rating Agencies have otherwise indicated in writing is an entity acceptable to act as Owner Trustee hereunderAgencies. If such corporation shall publish reports of condition at least annually pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, 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. In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this SectionSection 9.01, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.029.02.

Appears in 1 contract

Samples: Trust Agreement (American Home Mortgage Investment Trust 2005-2)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation (i) satisfying the provisions of Section ss. 3807(a) of the Statutory Business Trust Statute; (ii) authorized to exercise corporate trust powers; and (aiii) having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal Federal or state State authorities; and (iv) having (or having a parent that which has) a rating of at least Baa3 by Xxxxx’xMoody's or A-1 by Standard & Poors; or and (bv) which the Rating Agencies have otherwise indicated in writing is an entity acceptable to act as Owner Trustee hereunderthe Certificateholders. If such corporation shall publish reports of condition at least annually annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, 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. In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.02ss. 10.2.

Appears in 1 contract

Samples: Trust Agreement (Household Auto Receivables Corp)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times times: (a) be a corporation satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; (b) be authorized to exercise corporate trust powers; and (ac) having have a combined capital and surplus of at least $50,000,000 and be subject to supervision or examination by federal or state authorities; and having (or having d) have a parent that has) a long-term unsecured debt rating of at least Baa3 by Xxxxx’x; Xxxxx'x Investors Service or (b) which the Rating Agencies have be otherwise indicated in writing is an entity acceptable satisfactory to act as Owner Trustee hereunderXxxxx'x Investors Service. If such corporation shall publish reports of condition at least annually annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this SectionSection 6.13, 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. In case If at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this SectionSection 6.13, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.026.10.

Appears in 1 contract

Samples: Trust Agreement (Alliance Laundry Holdings LLC)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; authorized to exercise corporate trust powers; and (a) having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal Federal or state authorities; and having (or having a parent that has) a rating of at least Baa3 "Baa3" by Xxxxx’x; or (b) which the Rating Agencies have otherwise indicated in writing is an entity Moody's and "A-1" by Standard & Poor's and being acceptable to act as Owner Trustee hereunderxxx Xxte Insurer. If such corporation shall publish reports of condition at least annually annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, 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. In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.0210.2.

Appears in 1 contract

Samples: Deposit Trust Agreement (Ocwen Mortgage Loan Trust Ass Back Notes Ser 1998-Oac1/)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times times: (a) be a corporation satisfying the provisions of Section 3807(acorporation, a national banking association or a bank; (b) of the Statutory Trust Statute; be authorized to exercise corporate trust powers; and (ac) having have a combined capital and surplus of at least $50,000,000 and be subject to supervision or examination by federal or state authorities; and having (or having d) have a parent that has) a long-term unsecured debt rating of at least Baa3 by Xxxxx’x; Moody's Investors Service, Inc. xx xx otherwise satisfactory to Moody's Investors Service, Inc. Xx xxch Person or (b) which the Rating Agencies have otherwise indicated in writing is an entity acceptable to act as Owner Trustee hereunder. If such corporation bank shall publish reports of condition at least annually annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this SectionSection 6.13, the combined capital and surplus of such corporation Person or bank shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. In case If at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this SectionSection 6.13, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.026.10.

Appears in 1 contract

Samples: Trust Agreement (Navistar Financial Retail Receivables Corporation)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall will at all times (i) be a corporation satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; authorized to exercise corporate trust powers; and (aii) having have a combined capital and surplus of at least $50,000,000 and be subject to supervision or examination by federal or state authorities; and having (iii) have (or having have a parent that has) a rating of at least Baa3 by Xxxxx’x; Moody's, at least BBB- by Standard & Poor's and, if rated by Fitch, at least BBB- by Fitch, or (b) which the be otherwise satisfactory to each Rating Agencies have otherwise indicated in writing is an entity acceptable to act as Owner Trustee hereunderAgency. If such corporation shall publish publishes reports of condition at least annually annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, the combined capital and surplus of such corporation shall will be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. In case If at any time the Owner Trustee shall cease ceases to be eligible in accordance with the provisions of this Section, the Owner Trustee shall will resign immediately in the manner and with the effect specified in Section 10.029.02.

Appears in 1 contract

Samples: Trust Agreement (Ford Credit Auto Receivables LLC)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; authorized to exercise corporate trust powers; and (a) having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal or state authorities; and having (or having a parent that has) a rating of at least Baa3 by Xxxxx’x; or (b) which the Rating Agencies have Moody’s and/or at least BBB- by Standard & Poor’s and is otherwise indicated in writing is an entity acceptable to act as Owner Trustee hereunderthe Note Insurer and Rating Agencies. If such corporation shall publish reports of condition at least annually pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, 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. In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this SectionSection 9.01, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.029.02.

Appears in 1 contract

Samples: Trust Agreement (ACE Securities Corp. Home Equity Loan Trust, Series 2006-Gp1)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation or association (i) satisfying the provisions of Section 3807(a) of the Delaware Statutory Trust StatuteAct; (ii) being authorized to exercise corporate trust powers; and (aiii) having a combined capital and surplus of at least $50,000,000 and being subject to supervision or examination by federal Federal or state authorities; and (iv) having (or having a parent that which has) a rating of at least Baa3 “Baa3” by Xxxxx’x; or (b) which Xxxxx’x and at least “BBB” by S&P. If the Rating Agencies have otherwise indicated in writing is an entity acceptable to act as Owner Trustee hereunder. If such corporation shall publish reports of condition at least annually annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, the combined capital and surplus of such corporation the Owner Trustee shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this SectionSection or Section 3807(a) of the Delaware Statutory Trust Act, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.02.

Appears in 1 contract

Samples: Trust Agreement (KeyCorp Student Loan Trust 2006-A)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation (i) satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; (ii) authorized to exercise corporate trust powers; and (aiii) having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal Federal or state State authorities; and (iv) having (or having a parent that which has) a rating of at least Baa3 A3 by Xxxxx’xXxxxx'x or A-1 by Standard & Poor's; or and (bv) which the Rating Agencies have otherwise indicated in writing is an entity acceptable to act as Owner Trustee hereunderthe Insurer and Xxxxxxx Mac. If such corporation shall publish reports of condition at least annually annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, 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. In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.0211.2.

Appears in 1 contract

Samples: Trust Agreement (Greenpoint Mortgage Securities Inc/)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a(i) of the Statutory Trust Statute; authorized to exercise corporate trust powers; and (aii) having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal Federal or state State authorities; and (iii) having (or having a parent that which has) a long-term debt rating of at least Baa3 investment grade by Xxxxx’x; or Moody's, S&P, Fitch (bif rated by Fitch) which the Rating Agencies have otherwise indicated in writing is an entity acceptable to act as Owner Trustee hereunderand Duff & Xxxxxx (if rated by Duff & Xxxxxx). If such corporation shall publish reports of condition at least annually annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, 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. In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.0210.2.

Appears in 1 contract

Samples: Trust Agreement (Capita Equipment Receivables Trust 1996-1)

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