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

Corporate Indenture Trustee Required; Eligibility. There will at all times be an Indenture Trustee hereunder with respect to each series or class of Notes, which will be a corporation organized and doing business under the laws of the United States of America or of any State, authorized under such laws to exercise corporate trust powers, having a combined capital and surplus of at least $50,000,000, subject to supervision or examination by Federal or State authority, and having a rating of at least BBB- by Standard & Poor's. If such corporation publishes reports of condition at least annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purposes of this Section, the combined capital and surplus of such corporation will be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. The Issuer may not, nor may any Person directly or indirectly controlling, controlled by, or under common control with the Issuer, serve as Indenture Trustee. If at any time the Indenture Trustee with respect to any series or class of Notes will cease to be eligible in accordance with the provisions of this Section, it will resign immediately in the manner and with the effect hereinafter specified in this Article.

Appears in 6 contracts

Samples: Pooling and Servicing Agreement (Daimlerchrysler Wholesale Receivables LLC), Indenture (Daimlerchrysler Wholesale Receivables LLC), Indenture (Daimlerchrysler Master Owner Trust)

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Corporate Indenture Trustee Required; Eligibility. There will at all times be an Indenture Trustee hereunder with respect to each series Series, Class or class Tranche of Notes, which will be either a bank or a corporation organized and doing business under the laws of the United States of America or of any Statestate thereof, authorized under such laws to exercise corporate trust powers, having a combined capital and surplus of at least $50,000,000, subject to supervision or examination by Federal federal or State state authority, and having a rating of at least BBB- “BBB-” by Standard & Poor's’s. The Indenture Trustee shall at all times meet the requirements of Rule 3a-7(a)(4)(i) under the Investment Company Act and shall not provide credit or credit enhancement to the Issuing Entity. If such corporation publishes reports of condition at least annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purposes of this Section, the combined capital and surplus of such corporation will be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. The Issuer Issuing Entity may not, nor may any Person directly or indirectly controlling, controlled by, or under common control with the IssuerIssuing Entity, serve as Indenture Trustee. If at any time the Indenture Trustee with respect to any series Series, Class or class Tranche of Notes will cease to be eligible in accordance with the provisions of this Section, it will resign immediately in the manner and with the effect hereinafter specified in this ArticleArticle VII.

Appears in 4 contracts

Samples: Trust Agreement (Chase Card Funding LLC), Servicing Agreement (Chase Issuance Trust), Servicing Agreement (Chase Issuance Trust)

Corporate Indenture Trustee Required; Eligibility. There will at all times be an Indenture Trustee hereunder with respect to each series Series, Class or class Tranche of Notes, which will be either a bank or a corporation organized and doing business under the laws of the United States of America or of any Statestate, authorized under such laws to exercise corporate trust powers, having a combined capital and surplus of at least $50,000,000, subject to supervision or examination by Federal federal or State state authority, and having a rating of at least BBB- "BBB-" by Standard & Poor's. If such corporation publishes reports of condition at least annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purposes of this Section, the combined capital and surplus of such corporation will be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. The Issuer may not, nor may any Person directly or indirectly controlling, controlled by, or under common control with the Issuer, serve as Indenture Trustee. If at any time the Indenture Trustee with respect to any series Series, Class or class Tranche of Notes will cease to be eligible in accordance with the provisions of this Section, it will resign immediately in the manner and with the effect hereinafter specified in this ArticleArticle VII.

Appears in 3 contracts

Samples: Indenture (First Usa Credit Card Master Trust), Bank One Delaware National Association, First Usa Credit Card Master Trust

Corporate Indenture Trustee Required; Eligibility. There will at all times be an Indenture Trustee hereunder with respect to each series Series or class Class of Notes, which will be either a bank or a corporation organized and doing business under the laws of the United States of America or of any Statestate or the District of Columbia, authorized under such laws to exercise corporate trust powers, and having a combined capital and surplus of at least $50,000,000, subject to supervision or examination by Federal federal or State state authority, and having a rating of at least BBB- by Standard & Poor's. If such corporation publishes reports of condition at least annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purposes of this SectionSection 8.09, the combined capital and surplus of such corporation will be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. The Issuer may not, nor may any Person directly or indirectly controlling, controlled by, or under common control with the Issuer, serve as Indenture Trustee. If at any time the Indenture Trustee with respect to any series Series or class Class of Notes will cease to be eligible in accordance with the provisions of this SectionSection 8.09, it will resign immediately in the manner and with the effect hereinafter specified in this ArticleArticle VIII.

Appears in 3 contracts

Samples: Indenture (Barclays Dryrock Issuance Trust), Indenture (Dryrock Issuance Trust), Dryrock Issuance Trust (Dryrock Issuance Trust)

Corporate Indenture Trustee Required; Eligibility. There will at all times be an Indenture Trustee hereunder with respect to each series Series, Class or class Tranche of Notes, which will be either a bank or a corporation organized and doing business under the laws of the United States of America or of any State, authorized under such laws to exercise corporate trust powers, having a combined capital and surplus of at least $50,000,000, subject to supervision or examination by Federal or State authority, and having a rating of at least BBB- by Standard & Poor's’s and Baa3 by Moody’s. If such corporation publishes reports of condition at least annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purposes of this Section, the combined capital and surplus of such corporation will be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. The Issuer may not, nor may any Person directly or indirectly controlling, controlled by, or under common control with the Issuer, serve as Indenture Trustee. If at any time the Indenture Trustee with respect to any series Series, Class or class Tranche of Notes will cease to be eligible in accordance with the provisions of this Section, it will resign immediately in the manner and with the effect hereinafter specified in this Article.

Appears in 2 contracts

Samples: Servicing Agreement (Capital One Master Trust), Servicing Agreement (Capital One Master Trust)

Corporate Indenture Trustee Required; Eligibility. There will shall at all times be an Indenture Trustee hereunder with respect to each series or class of Notes, which will shall be a corporation organized and doing business under the laws of the United States of America or of any State, authorized under such laws to exercise corporate trust powers, having a combined capital and surplus of at least $50,000,000, subject to supervision or examination by Federal or State authority, and having a rating of at least BBB- by Standard & Poor's’s. If such corporation publishes reports of condition at least annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purposes of this Section, the combined capital and surplus of such corporation will shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. The Issuer may not, nor may any Person directly or indirectly controlling, controlled by, or under common control with the Issuer, serve as Indenture Trustee. If at any time the Indenture Trustee with respect to any series or class of Notes will shall cease to be eligible in accordance with the provisions of this Section, it will shall resign immediately in the manner and with the effect hereinafter specified in this Article.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Mellon Bank Premium Finance Loan Master Trust), Master Note Trust (Mellon Premium Finance Loan Owner Trust)

Corporate Indenture Trustee Required; Eligibility. There will at all times be an Indenture Trustee hereunder with respect to each series series, class or class tranche of Notes, which will be a corporation organized and doing business under the laws of the United States of America or of any State, authorized under such laws to exercise corporate trust powers, having a combined capital and surplus of at least $50,000,000, subject to supervision or examination by Federal or State authority, and having a rating of at least BBB- BBB‑ by Standard & Poor's’s and at least BBB by Fitch. If such corporation publishes reports of condition at least annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purposes of this SectionSection 809, the combined capital and surplus of such corporation will be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. The Issuer may not, nor may any Person directly or indirectly controlling, controlled by, or under common control with the Issuer, serve as Indenture Trustee. If at any time the Indenture Trustee with respect to any series series, class or class tranche of Notes will cease to be eligible in accordance with the provisions of this SectionSection 809, it will resign immediately in the manner and with the effect hereinafter specified in this Article.

Appears in 1 contract

Samples: BA Master Credit Card Trust II

Corporate Indenture Trustee Required; Eligibility. There will shall at all times be an Indenture Trustee hereunder with respect to each series Series or class Class of Notes, which will Indenture Trustee shall be a corporation organized and doing business under the laws of the United States of America or of any State, authorized under such laws to exercise corporate trust powers, having a combined capital and surplus of at least $50,000,000, subject to supervision or examination by Federal or State authority, and having a rating of at least BBB- by Standard & Poor'sS&P and F2 by Fitch. If such corporation publishes reports of condition at least annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purposes of this Section, the combined capital and surplus of such corporation will shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. The Issuer may not, nor may any Person directly or indirectly controlling, controlled by, or under common control with the Issuer, serve as Indenture Trustee. If at any time the Indenture Trustee with respect to any series Series or class Class of Notes will shall cease to be eligible in accordance with the provisions of this Section, it will shall resign immediately in the manner and with the effect hereinafter specified in this Article.

Appears in 1 contract

Samples: CNH Wholesale Receivables Inc

Corporate Indenture Trustee Required; Eligibility. There ------------------------------------------------- will at all times be an Indenture Trustee hereunder with respect to each series series, class or class tranche of Notes, which will be a corporation organized and doing business under the laws of the United States of America or of any State, authorized under such laws to exercise corporate trust powers, having a combined capital and surplus of at least $50,000,000, subject to supervision or examination by Federal or State authority, and having a rating of at least BBB- by Standard & Poor's. If such corporation publishes reports of condition at least annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purposes of this Section, the combined capital and surplus of such corporation will be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. The Issuer may not, nor may any Person directly or indirectly controlling, controlled by, or under common control with the Issuer, serve as Indenture Trustee. If at any time the Indenture Trustee with respect to any series series, class or class tranche of Notes will cease to be eligible in accordance with the provisions of this Section, it will resign immediately in the manner and with the effect hereinafter specified in this Article.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Mbna Credit Card Master Note Trust)

Corporate Indenture Trustee Required; Eligibility. There will at all times be an Indenture Trustee hereunder with respect to each series series, class or class tranche of Notes, which will be a corporation organized and doing business under the laws of the United States of America or of any State, authorized under such laws to exercise corporate trust powers, having a combined capital and surplus of at least $50,000,000, subject to supervision or examination by Federal or State authority, and having a rating of at least BBB- BBB‑ by Standard & Poor's's and at least BBB by Fitch. If such corporation publishes reports of condition at least annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purposes of this SectionSection 809, the combined capital and surplus of such corporation will be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. The Issuer may not, nor may any Person directly or indirectly controlling, controlled by, or under common control with the Issuer, serve as Indenture Trustee. If at any time the Indenture Trustee with respect to any series series, class or class tranche of Notes will cease to be eligible in accordance with the provisions of this SectionSection 809, it will resign immediately in the manner and with the effect hereinafter specified in this Article.

Appears in 1 contract

Samples: Indenture (BA Master Credit Card Trust II)

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Corporate Indenture Trustee Required; Eligibility. There will The Issuer hereby agrees, for the benefit of the Noteholders, that there shall at all times be an Indenture Trustee hereunder with respect to each series or class of Notes, which will shall be a corporation bank (within the meaning of Section 2(a)(5) of the 0000 Xxx) organized and doing business under the laws of the United States of America or of any StateState thereof, authorized under such laws to exercise corporate trust powers, having a combined capital aggregate capital, surplus and surplus undivided profits of at least $50,000,000, and subject to supervision or examination by Federal or State authority, and having a rating of at least BBB- by Standard & Poor's. If such corporation bank publishes reports of condition at least annually, pursuant to law or to the requirements of the aforesaid said supervising or examining authority, then for the purposes of this Section, the combined capital capital, surplus and surplus undivided profits of such corporation will bank shall be deemed to be its combined capital capital, surplus and surplus undivided profits as set forth in its most recent report of condition so published. The Indenture Trustee shall in no event be an Affiliate of the Issuer may not, nor may or an Affiliate of any Person involved in the organization or operation of the Issuer or be directly or indirectly controlling, controlled by, or under common control Affiliated with the Issuer, serve as Indenture Trustee. If at any time the Indenture Trustee with respect to any series or class of Notes will shall cease to be eligible in accordance with the provisions of this Section, it will shall resign immediately in the manner and with the effect hereinafter specified in this Article.

Appears in 1 contract

Samples: Trust Agreement (Impac Mortgage Holdings Inc)

Corporate Indenture Trustee Required; Eligibility. There will at all times be an Indenture Trustee hereunder with respect to each series or class of NotesNote, which will be either a bank or a corporation organized and doing business under the laws of the United States of America or of any StateState or the District of Columbia, authorized under such laws to exercise corporate trust powers, and having a combined capital and surplus of at least $50,000,000, subject to supervision or examination by Federal federal or State authority, and having a rating of at least BBB- by Standard & Poor's. If such corporation publishes reports of condition at least annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purposes of this SectionSection 8.09, the combined capital and surplus of such corporation will be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. The Issuer may not, nor may any Person directly or indirectly controlling, controlled by, or under common control with the Issuer, serve as Indenture Trustee. If at any time the Indenture Trustee with respect to any series or class of Notes will cease Note ceases to be eligible in accordance with the provisions of this SectionSection 8.09, it will will, if a Responsible Officer has actual knowledge thereof, resign immediately in the manner and with the effect hereinafter specified in this ArticleArticle VIII.

Appears in 1 contract

Samples: Servicing Agreement (Enova International, Inc.)

Corporate Indenture Trustee Required; Eligibility. There will ------------------------------------------------- at all times be an Indenture Trustee hereunder with respect to each series series, class or class tranche of Notes, which will be a corporation organized and doing business under the laws of the United States of America or of any State, authorized under such laws to exercise corporate trust powers, having a combined capital and surplus of at least $50,000,000, subject to supervision or examination by Federal or State authority, and having a rating of at least BBB- by Standard & Poor's. If such corporation publishes reports of condition at least annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purposes of this Section, the combined capital and surplus of such corporation will be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. The Issuer may not, nor may any Person directly or indirectly controlling, controlled by, or under common control with the Issuer, serve as Indenture Trustee. If at any time the Indenture Trustee with respect to any series series, class or class tranche of Notes will cease to be eligible in accordance with the provisions of this Section, it will resign immediately in the manner and with the effect hereinafter specified in this Article.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Mbna Credit Card Master Note Trust)

Corporate Indenture Trustee Required; Eligibility. There will at all times be an Indenture Trustee hereunder with respect to each series series, class or class tranche of Notes, which will be a corporation organized and doing business under the laws of the United States of America or of any State, authorized under such laws to exercise corporate trust powers, having a combined capital and surplus of at least $50,000,000, subject to supervision or examination by Federal or State authority, and having a rating of at least BBB- by Standard & Poor's’s and at least BBB by Fitch. If such corporation publishes reports of condition at least annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purposes of this Section, the combined capital and surplus of such corporation will be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. The Issuer may not, nor may any Person directly or indirectly controlling, controlled by, or under common control with the Issuer, serve as Indenture Trustee. If at any time the Indenture Trustee with respect to any series series, class or class tranche of Notes will cease to be eligible in accordance with the provisions of this Section, it will resign immediately in the manner and with the effect hereinafter specified in this Article.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (BA Master Credit Card Trust II)

Corporate Indenture Trustee Required; Eligibility. There will shall at all times be an Indenture Trustee hereunder with respect to each series Series or class Class of Notes, which will Indenture Trustee shall be a corporation organized and doing business under the laws of the United States of America or of any State, authorized under such laws to exercise corporate trust powers, having a combined capital and surplus of at least $50,000,000, subject to supervision or examination by Federal or State authority, and having a rating of at least BBB- by Standard & Poor's. S&P. If such corporation publishes reports of condition at least annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purposes of this Section, the combined capital and surplus of such corporation will shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. The Issuer may not, nor may any Person directly or indirectly controlling, controlled by, or under common control with the Issuer, serve as Indenture Trustee. If at any time the Indenture Trustee with respect to any series Series or class Class of Notes will shall cease to be eligible in accordance with the provisions of this Section, it will shall resign immediately in the manner and with the effect hereinafter specified in this Article.

Appears in 1 contract

Samples: CNH Wholesale Receivables Inc

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