Common use of Corporate Indenture Trustee Required; Eligibility; Conflicting Interests Clause in Contracts

Corporate Indenture Trustee Required; Eligibility; Conflicting Interests. There shall at all times be an Indenture Trustee hereunder which shall be eligible to act as Indenture Trustee under TIA Section 310(a)(1) and shall have a combined capital and surplus of at least $50,000,000. If such corporation publishes reports of condition at least annually, pursuant to law or the requirements of Federal, state, territorial or District of Columbia supervising or examining authority, then for the purposes 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. If at any time the Indenture Trustee shall cease to be eligible in accordance with the provisions of this Section, it shall resign immediately in the manner and with the effect hereinafter specified in this Article. Neither the Company nor any Person directly or indirectly controlling, controlled by, or under common control with the Company shall serve as Indenture Trustee.

Appears in 5 contracts

Samples: Indenture (Beazer Homes Usa Inc), Indenture (Lexington Corporate Properties Trust), Indenture (Lexington Corporate Properties Trust)

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