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 all Classes 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 a federal or state authority of the United States, and the long-term unsecured debt obligations of which are rated in the third highest applicable rating category from each Note Rating Agency then rating Outstanding Notes if such institution is rated by such Note Rating Agency, as applicable. If such bank or 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 bank or 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 ceases 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.

Appears in 14 contracts

Samples: Sale Agreement (New Residential Investment Corp.), Indenture (Home Loan Servicing Solutions, Ltd.), Indenture (Nationstar Mortgage Holdings Inc.)

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Corporate Indenture Trustee Required; Eligibility. There will at all times be an Indenture Trustee hereunder with respect to all Classes 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 a federal or state authority of the United States, and the long-term unsecured debt obligations of which are rated in the third highest applicable rating category from each the Note Rating Agency then rating Outstanding Notes if such institution is rated by such Note Rating Agency, as applicable. If such bank or 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 bank or 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 ceases 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.

Appears in 4 contracts

Samples: Pooling and Servicing Agreement (Home Loan Servicing Solutions, Ltd.), Pooling and Servicing Agreement (Home Loan Servicing Solutions, Ltd.), Pooling and Servicing Agreement (Home Loan Servicing Solutions, Ltd.)

Corporate Indenture Trustee Required; Eligibility. There will at all times be an Indenture Trustee hereunder with respect to all Classes 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 a federal or state authority of the United States, and the long-term unsecured debt obligations of which are rated in the third highest applicable rating category from each Note Rating Agency then rating Outstanding Notes if such institution is rated by such Note Rating Agency, as applicable. If such bank or 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 bank or 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 ceases 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.

Appears in 2 contracts

Samples: Administration Agreement (New Residential Investment Corp.), Administration Agreement (Nationstar Mortgage Holdings Inc.)

Corporate Indenture Trustee Required; Eligibility. The Indenture Trustee shall at all times satisfy the requirements of Section 310(a) of the Trust Indenture Act. There will at all times be an Indenture Trustee hereunder with respect to all Classes each series or 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, 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 a federal or state authority of the United Statesauthority, and the long-having a long term unsecured debt obligations rating of which are rated in the third highest applicable rating category from each Note Rating Agency then rating Outstanding Notes if such institution is rated at least BBB- by such Note Rating Agency, as applicableStandard & Poor’s and Baa3 by Moody’s. If such bank or 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 bank or 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 Controllingcontrolling, Controlled controlled by, or under common Control control with the Issuer, serve as Indenture Trustee. If at any time the Indenture Trustee ceases with respect to any series or class of Notes will cease to be eligible in accordance with the provisions of this Section, it shall will resign immediately in the manner and with the effect hereinafter specified in this Article.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Navistar Financial Dealer Note Master Trust)

Corporate Indenture Trustee Required; Eligibility. There will at all times be an Indenture Trustee hereunder with respect to all Classes 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 a federal or state authority of the United States, and the long-term unsecured debt obligations of which are rated in no lower than the third highest applicable rating category from each Note Rating Agency then rating Outstanding Notes if such institution is rated by such Note Rating Agency, as applicable. If such bank or 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 11.8, the combined capital and surplus of such bank or 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 136 ceases to be eligible in accordance with the provisions of this SectionSection 11.8, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (DITECH HOLDING Corp)

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Corporate Indenture Trustee Required; Eligibility. The Indenture Trustee shall at all times satisfy the requirements of Section 310(a) of the Trust Indenture Act. There will at all times be an Indenture Trustee hereunder with respect to all Classes each Series or 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, 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 a federal or state authority of the United Statesauthority, and the long-having a long term unsecured debt obligations rating of which are rated in the third highest applicable rating category from each Note Rating Agency then rating Outstanding Notes if such institution is rated at least BBB- by such Note Rating Agency, as applicableStandard & Poor’s and Baa3 by Moody’s. If such bank or 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 bank or 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 Controllingcontrolling, Controlled controlled by, or under common Control control with the IssuerIssuing Entity, serve as Indenture Trustee. If at any time the Indenture Trustee ceases with respect to any Series or Class of Notes will cease to be eligible in accordance with the provisions of this Section, it shall will resign immediately in the manner and with the effect hereinafter specified in this Article.

Appears in 1 contract

Samples: Navistar Financial Dealer (Navistar International Corp)

Corporate Indenture Trustee Required; Eligibility. There will at all times be an Indenture Trustee hereunder with respect to all Classes 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 a federal or state authority of the United States, and the long-term unsecured debt obligations of which are rated in no lower than the third highest applicable rating category from each Note Rating Agency then rating Outstanding Notes if such institution is rated by such Note Rating Agency, as applicable. If such bank or 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 11.8, the combined capital and surplus of such bank or 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 ceases to be eligible in accordance with the provisions of this SectionSection 11.8, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.

Appears in 1 contract

Samples: Indenture (DITECH HOLDING Corp)

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