Corporate Certificate Trustee Required; Eligibility. (a) This Trust Agree shall at all times have a certificate trustee that shall be eligible to act as a trustee under Section 310(a) of the Trust Indenture Act, shall have a combined capital and surplus of at least $50,000,000 and shall have a long-term debt rating of [Baa3] or better by Xxxxx'x. If such entity publishes reports of conditions at least annually, pursuant to law or to the requirements of federal, state, territorial or District of Columbia supervising or examining authority, then for the purposes of this Section 6.07, the combined capital and surplus of such entity shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. The Certificate Trustee shall meet the requirements of Section 26(a)(1) of the Invest Company Act of 1940, as amended, shall not be an affiliate (as that term is defined in Rule 405 under the Securities Act) of the Trust or of any Person involved in the organization or operation of the Trust, shall not provide credit or credit enhancement to the Trust and shall be subject to Section 310(b) of the Trust Indenture Act. (b) In determining whether the Certificate Trustee has a conflicting interest with respect to any Series or Class of Certificates under Section 310(b) of the Trust Indenture Act and this Section, each other Series or Class of Certificates will be treated as having been issued under an indenture other than this Trust Agreement. (c) If at any time the Certificate Trustee shall cease to be eligible in accordance with the provisions of this Section 6.07, the Certificate Trustee shall resign immediately in the manner and with the effect specified in Section 6.08.
Appears in 3 contracts
Samples: Declaration and Agreement of Trust (Pg&e Funding LLC), Declaration and Agreement of Trust (Sce Funding LLC), Declaration and Agreement of Trust (Sdg&e Funding LLC a De Limited Liability Co)
Corporate Certificate Trustee Required; Eligibility. (a) This Trust Agree Agreement shall at all times have a certificate trustee that shall be eligible to act as a trustee under Section 310(a) of the Trust Indenture Act, shall have a combined capital and surplus of at least $50,000,000 and shall have a long-term debt rating of [Baa3] Baa3 or better by Xxxxx'xMoody's. If such entity publishes reports of conditions at least annually, pursuant to law or to the requirements of federalFederal, state, territorial or District of Columbia supervising or examining authority, then for the purposes of this Section 6.07, the combined capital and surplus of such entity shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. The Certificate Trustee shall meet the requirements of Section 26(a)(1) of the Invest Investment Company Act of 1940, as amended, shall not be an affiliate (as that term is defined in Rule 405 under the Securities ActAct of 1933, as amended) of with the Trust or of with any Person involved in the organization or operation of the Trust, shall not provide credit or credit enhancement to the Trust and shall be is subject to Section 310(b) of the Trust Indenture Act.
(b) In determining whether the Certificate Trustee has a conflicting interest with respect to any Series or Class of Certificates under Section 310(b) of the Trust Indenture Act and this Section, each other Series or Class of Certificates will be treated as having been issued under an indenture other than this Trust Agreement.
(c) If In case at any time the Certificate Trustee shall cease to be eligible in accordance with the provisions of this Section 6.07, the Certificate Trustee shall resign immediately in the manner and with the effect specified in Section 6.08.
Appears in 2 contracts
Samples: Trust Agreement (Sce Funding LLC), Declaration and Agreement of Trust (Sdg&e Funding LLC a De Limited Liability Co)
Corporate Certificate Trustee Required; Eligibility. (a) This Trust Agree Agreement shall at all times have a certificate trustee that shall be eligible to act as a trustee under Section 310(a) of the Trust Indenture Act, shall have a combined capital and surplus of at least $50,000,000 and shall have a long-term debt rating of [Baa3] Baa3 or better by Xxxxx'x. If such entity publishes reports of conditions at least annually, pursuant to law or to the requirements of federalFederal, state, territorial or District of Columbia supervising or examining authority, then for the purposes of this Section 6.07, the combined capital and surplus of such entity shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. The Certificate Trustee shall meet the requirements of Section 26(a)(1) of the Invest Investment Company Act of 1940, as amended, shall not be an affiliate (as that term is defined in Rule 405 under the Securities ActAct of 1933, as amended) of with the Trust or of with any Person involved in the organization or operation of the Trust, shall not provide credit or credit enhancement to the Trust and shall be is subject to Section 310(b) of the Trust Indenture Act.
(b) In determining whether the Certificate Trustee has a conflicting interest with respect to any Series or Class of Certificates under Section 310(b) of the Trust Indenture Act and this Section, each other Series or Class of Certificates will be treated as having been issued under an indenture other than this Trust Agreement.
(c) If In case at any time the Certificate Trustee shall cease to be eligible in accordance with the provisions of this Section 6.07, the Certificate Trustee shall resign immediately in the manner and with the effect specified in Section 6.08.
Appears in 1 contract
Samples: Trust Agreement (Pg&e Funding LLC)