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, Class or 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 “Baa3” by Moody’s and “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 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, Class or Tranche of Notes will cease to be eligible in accordance with the provisions of this Section 8.09, it will resign immediately in the manner and with the effect hereinafter specified in this Article VIII.

Appears in 7 contracts

Samples: Indenture, Servicing Agreement (American Express Receivables Financing Corp VIII LLC), Servicing Agreement (American Express Receivables Financing Corp VIII LLC)

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Corporate Indenture Trustee Required; Eligibility. There will at all times be an Indenture Trustee hereunder with respect to each Series, Class or 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 “Baa3” by Moody’s and “BBB-” 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 8.09Section, 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, Class or Tranche of Notes will cease to be eligible in accordance with the provisions of this Section 8.09Section, it will resign immediately in the manner and with the effect hereinafter specified in this Article VIIIArticle.

Appears in 2 contracts

Samples: Indenture (Capital One Master Trust), Capital One Master Trust

Corporate Indenture Trustee Required; Eligibility. There will at all times be an Indenture Trustee hereunder with respect to each Series, Class or 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 "Baa3" by Moody’s 's and "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 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, Class or Tranche of Notes will cease to be eligible in accordance with the provisions of this Section 8.09, it will resign immediately in the manner and with the effect hereinafter specified in this Article VIII.

Appears in 2 contracts

Samples: American Express Issuance Trust, American Express Issuance Trust

Corporate Indenture Trustee Required; Eligibility. There will at all times be an Indenture Trustee hereunder with respect to each Seriesseries, Class class or Tranche 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 or the District of Columbia, 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 “Baa3” by Moody’s and “BBB-” BBB- by Standard & Poor’s'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 8.09Section, 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 Seriesseries, Class class or Tranche tranche of Notes will cease to be eligible in accordance with the provisions of this Section 8.09Section, it will resign immediately in the manner and with the effect hereinafter specified in this Article VIIIArticle.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (National City Bank /), National City Credit Card Master 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, Class or 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 “Baa3” by Moody’s and “BBB-” BBB- by Standard & Poor’s’s and Baa3 by Xxxxx’x. 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 8.09Section, 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, Class or Tranche of Notes will cease to be eligible in accordance with the provisions of this Section 8.09Section, it will resign immediately in the manner and with the effect hereinafter specified in this Article VIIIArticle.

Appears in 1 contract

Samples: investor.capitalone.com

Corporate Indenture Trustee Required; Eligibility. There will shall at all times be an Indenture Trustee hereunder with respect to each Series, Class or Tranche of Notes, the Debentures issued hereunder which will shall at all times be either a bank or a corporation organized and doing business under the laws of the United States of America or any state or territory thereof or of any statethe District of Columbia, or a corporation or other Person permitted to act as trustee by the Commission, authorized under such laws to exercise corporate trust powers, having a combined capital and surplus of at least $50,000,000100,000,000, and subject to supervision or examination by federal federal, state, territorial, or state District of Columbia authority, and having a rating of at least “Baa3” by Moody’s and “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 8.0910.10, 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 Company may not, nor may any Person directly or indirectly controlling, controlled by, or under common control with the IssuerCompany, serve as Indenture Trustee. If In case at any time the Indenture Trustee with respect to any Series, Class or Tranche of Notes will shall cease to be eligible in accordance with the provisions of this Section 8.0910.10, it will the Indenture Trustee shall resign immediately in the manner and with the effect hereinafter specified in this Article VIIISection 10.11. Nothing herein contained shall prevent the Indenture Trustee from filing with the Commission the application referred to in the penultimate paragraph of Trust Indenture Act Section 31 0(b).

Appears in 1 contract

Samples: Indenture (Bridge Bancorp Inc)

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