Corporate Trustee Required; Eligibility; Conflicting Interests. There shall at all times be a Trustee hereunder which shall be eligible to act as Trustee under TIA Section 310(a)(1) and shall have at all times a combined capital and surplus of at least $50,000,000. If the Trustee 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 the Trustee 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 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 Trustee.
Appears in 6 contracts
Samples: Boston Properties LTD Partnership, Boston Properties LTD Partnership, Indenture (Avalonbay Communities Inc)
Corporate Trustee Required; Eligibility; Conflicting Interests. There shall at all times be a corporate Trustee hereunder which shall be eligible to act as Trustee under TIA Section 310(a)(1310(a) and shall have at all times a combined capital and surplus of at least $50,000,00010,000,000 or shall be a subsidiary of a corporation which shall be a Person that has a combined capital and surplus of at least $10,000,000 and which unconditionally guarantees the obligations of the Trustee hereunder. If the such Trustee or Person publishes reports of condition at least annually, pursuant to law or the requirements of a Federal, stateState, territorial Territorial or District of Columbia supervising or examining authority, then for the purposes of this Section, the combined capital and surplus of the such Trustee or Person 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 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 Trustee.
Appears in 3 contracts
Samples: Indenture (Capstone Turbine Corp), Indenture (JDN Realty Corp), Indenture (Capstone Turbine Corp)
Corporate Trustee Required; Eligibility; Conflicting Interests. There shall at all times be a Trustee hereunder which shall be eligible to act as Trustee under TIA Section 310(a)(1) and shall have at all times a combined capital and surplus of at least $50,000,000. If the Trustee such corporation publishes reports of condition at least annually, pursuant to law or the requirements of Federalfederal, state, territorial or District of Columbia supervising or examining authority, then for the purposes of this SectionSection 607, the combined capital and surplus of the Trustee 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 Trustee shall cease to be eligible in accordance with the provisions of this SectionSection 607, it shall resign immediately in the manner and with the effect hereinafter specified in this ArticleArticle Six. Neither the Company nor any Person directly or indirectly controlling, controlling or controlled by, or under common control with with, the Company shall serve as Trustee.
Appears in 3 contracts
Samples: Shurgard Storage Centers Inc, Shurgard Storage Centers Inc, Shurgard Storage Centers Inc
Corporate Trustee Required; Eligibility; Conflicting Interests. There shall at all times be a Trustee hereunder which shall be eligible to act as Trustee under TIA Section 310(a)(1) and shall have at all times a combined capital and surplus of at least $50,000,000. If the Trustee such corporation publishes reports of condition at least annually, pursuant to law or the requirements of Federalfederal, state, territorial or District of Columbia supervising or examining authority, then for the purposes of this SectionSection 6.07, the combined capital and surplus of the Trustee 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 Trustee shall cease to be eligible in accordance with the provisions of this SectionSection 6.07, it shall resign immediately in the manner and with the effect hereinafter specified in this ArticleArticle VI. Neither the Company nor any Person directly or indirectly controlling, controlling or controlled by, or under common control with with, the Company shall serve as Trustee.
Appears in 3 contracts
Samples: Indenture (Franchise Finance Corp of America), Indenture (Metropolitan Mortgage & Securities Co Inc), Franchise Finance Corp of America
Corporate Trustee Required; Eligibility; Conflicting Interests. There shall at all times be a Trustee hereunder which shall be eligible to act as Trustee under TIA Section 310(a)(1) and shall have at all times a combined capital and surplus Surplus of at least $50,000,000. If the Trustee 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 SectionSection 6.7, the combined capital and surplus of the Trustee 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 Trustee shall cease to be eligible in accordance with the provisions of this SectionSection 6.7, it shall resign immediately in the manner and with the effect hereinafter specified in this ArticleArticle VI. Neither the Company nor any Person directly or indirectly controlling, controlling or controlled by, or under common control with with, the Company shall serve as Trustee.
Appears in 3 contracts
Samples: National Retail Properties, Inc., Commercial Net Lease Realty Inc, Commercial Net Lease Realty Inc
Corporate Trustee Required; Eligibility; Conflicting Interests. There shall at all times be a Trustee hereunder which shall be eligible to act as Trustee under TIA Section 310(a)(1310(a) and shall have at all times a combined capital and surplus of at least $50,000,000. If the Trustee such corporation publishes reports of condition at least annually, pursuant to law or the requirements of Federalfederal, state, territorial or District of Columbia supervising or examining authority, then for the purposes of this SectionSection 5.02, the combined capital and surplus of the Trustee 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 Trustee shall cease to be eligible in accordance with the provisions of this SectionSection 5.02, it shall correct such ineligibility or resign immediately in the manner and with the effect hereinafter specified in this ArticleSection 5.03. Neither the Company Debtor nor any Person directly or indirectly controlling, controlling or controlled by, or under common control with with, the Company Debtor shall serve as Trustee.
Appears in 2 contracts
Samples: Section Note Agreement (Medical Capital Management Inc), Note Issuance and Security Agreement (Medical Capital Management Inc)
Corporate Trustee Required; Eligibility; Conflicting Interests. There shall at all times be a Trustee hereunder which shall be eligible to act as Trustee under TIA Section 310(a)(1) the Trust Indenture Act and shall have at all times a combined capital and surplus of at least $50,000,00025,000,000 and its Corporate Trust Office in The City of New York, New York. If the Trustee 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 the Trustee 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 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 Issuer nor any Person directly or indirectly controlling, controlled by, or under common control with the Company Issuer shall serve as Trustee.
Appears in 2 contracts
Samples: Indenture (Ultrapar Holdings Inc), Indenture (Ultrapar Holdings Inc)
Corporate Trustee Required; Eligibility; Conflicting Interests. There shall at all times be a Trustee hereunder which shall be eligible to act as Trustee under TIA Section 310(a)(1) and shall have at all times a combined capital and surplus of at least $50,000,000. If the Trustee such corporation publishes reports of condition at least annually, pursuant to law or the requirements of Federalfederal, state, territorial or District of Columbia supervising or examining authority, then for the purposes of this SectionSection 7.23, the combined capital and surplus of the Trustee 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 Trustee shall cease to be eligible in accordance with the provisions of this SectionSection 7.23, it shall resign immediately in the manner and with the effect hereinafter specified in this ArticleArticle VII. Neither the Company Issuer nor any Person directly or indirectly controlling, controlling or controlled by, or under common control with with, the Company Issuer shall serve as Trustee.
Appears in 1 contract
Samples: Indenture of Trust (Union Financial Services I Inc)
Corporate Trustee Required; Eligibility; Conflicting Interests. There shall at all times be a Trustee hereunder which shall be eligible to act as Trustee under TIA Section 310(a)(1310(a) and shall have at all times a combined capital and surplus of at least $50,000,000. If the Trustee such corporation publishes reports of condition at least annually, pursuant to law or the requirements of Federalfederal, state, territorial or District of Columbia supervising or examining authority, then for the purposes of this SectionSection 5.02, the combined capital and surplus of the Trustee such corporation shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. The Debtor agrees to deliver to the Trustee such information as the Trustee may reasonably request in order for the Trustee to provide the applicable information specified in TIA Section 310(b). If at any time the Trustee shall cease to be eligible in accordance with the provisions of this SectionSection 5.02, it shall correct such ineligibility or resign immediately in the manner and with the effect hereinafter specified in this ArticleSection 5.03. Neither the Company Debtor nor any Person directly or indirectly controlling, controlling or controlled by, or under common control with with, the Company Debtor shall serve as Trustee.
Appears in 1 contract
Samples: Section Note Agreement (Medical Capital Management Inc)
Corporate Trustee Required; Eligibility; Conflicting Interests. There shall at all times be a Trustee hereunder which shall be eligible to act as Trustee under TIA Section 310(a)(1) and shall have at all times a combined capital and surplus of at least $50,000,000. If the Trustee publishes reports of condition at least annually, pursuant to law or the requirements of Federalxxx xxxxxxxxxxxx xx Xxxxxxx, statexxxxx, territorial xxxxxxxxxxx or District of Columbia supervising or examining authority, then for the purposes of this Section, the combined capital and surplus of the Trustee 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 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 Trustee.
Appears in 1 contract
Samples: Boston Properties LTD Partnership
Corporate Trustee Required; Eligibility; Conflicting Interests. There shall at all times be a Trustee hereunder which shall be eligible to act as Trustee under TIA Section 310(a)(1) and shall have at all times a combined capital and surplus of at least $50,000,000. If the Trustee such corporation publishes reports of condition at least annually, pursuant to law or the requirements of Federalfederal, state, territorial or District of Columbia supervising or examining authority, then for the purposes of this SectionSection 5.02, the combined capital and surplus of the Trustee 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 Trustee shall cease to be eligible in accordance with the provisions of this SectionSection 5.02, it shall correct such ineligibility or resign immediately in the manner and with the effect hereinafter specified in this ArticleSection 5.03. Neither the Company Debtor nor any Person directly or indirectly controlling, controlling or controlled by, or under common control with with, the Company Debtor shall serve as Trustee.
Appears in 1 contract
Samples: Section Note Agreement (Medical Capital Management Inc)
Corporate Trustee Required; Eligibility; Conflicting Interests. There shall at all times be a Trustee hereunder which shall be eligible to act as Trustee under TIA Section 310(a)(1) and shall have at all times a combined capital and surplus of at least $50,000,000. If the Trustee such 44 corporation publishes reports of condition at least annually, pursuant to law or the requirements of Federalfederal, state, territorial or District of Columbia supervising or examining authority, then for the purposes of this SectionSection 6.07, the combined capital and surplus of the Trustee 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 Trustee shall cease to be eligible in accordance with the provisions of this SectionSection 6.07, it shall resign immediately in the manner and with the effect hereinafter specified in this ArticleArticle VI. Neither the Company nor any Person directly or indirectly controlling, controlling or controlled by, or under common control with with, the Company shall serve as Trustee.
Appears in 1 contract
Corporate Trustee Required; Eligibility; Conflicting Interests. There shall at all times be a Trustee hereunder which shall be eligible to act as Trustee under TIA Section 310(a)(1) and shall have at all times (or if such Trustee is a member of a bank holding company system, its bank holding company shall have) a combined capital and surplus of at least $50,000,000. If the Trustee 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 the Trustee 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 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 Trustee.
Appears in 1 contract
Samples: Oasis Residential Inc
Corporate Trustee Required; Eligibility; Conflicting Interests. There shall at all times be a Trustee hereunder which shall be eligible to act as Trustee under TIA Section 310(a)(1) and shall have at all times a combined capital and surplus of at least $[50,000,000]. If the Trustee such corporation publishes reports of condition at least annually, pursuant to law or the requirements of Federalfederal, state, territorial or District of Columbia supervising or examining authority, then for the purposes of this SectionSection 6.07, the combined capital and surplus of the Trustee 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 Trustee shall cease to be eligible in accordance with the provisions of this SectionSection 6.07, it shall resign immediately in the manner and with the effect hereinafter specified in this ArticleArticle VI. Neither the Company nor any Person directly or indirectly controlling, controlling or controlled by, or under common control with with, the Company shall serve as Trustee.
Appears in 1 contract
Samples: Indenture (Terra Capital Group)
Corporate Trustee Required; Eligibility; Conflicting Interests. There shall at all times be a Trustee hereunder which shall be eligible to act as Trustee under TIA Section 310(a)(1) and shall have at all times a combined capital and surplus 69 Surplus of at least $50,000,000. If the Trustee 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 SectionSection 6.7, the combined capital and surplus of the Trustee 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 Trustee shall cease to be eligible in accordance with the provisions of this SectionSection 6.7, it shall resign immediately in the manner and with the effect hereinafter specified in this ArticleArticle VI. Neither the Company nor any Person directly or indirectly controlling, controlling or controlled by, or under common control with with, the Company shall serve as Trustee.
Appears in 1 contract
Samples: Commercial Net Lease Realty Inc
Corporate Trustee Required; Eligibility; Conflicting Interests. There shall at all times be a Trustee hereunder which shall be eligible to act as Trustee under TIA Section 310(a)(1) and shall have at all times a combined capital and surplus of at least $50,000,000. If the Trustee such corporation publishes reports of condition at least annually, pursuant to law or the requirements of Federalfederal, state, territorial or District of Columbia supervising or examining authority, then for the purposes of this SectionSection 607, the combined capital and surplus of the Trustee such 52 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 Trustee shall cease to be eligible in accordance with the provisions of this SectionSection 607, it shall resign immediately in the manner and with the effect hereinafter specified in this ArticleArticle Six. Neither the Company nor any Person directly or indirectly controlling, controlling or controlled by, or under common control with with, the Company shall serve as Trustee.
Appears in 1 contract