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

Corporate Trustee Required; Eligibility; Conflicting Interests. The Trustee shall comply with the terms of Section 310(b) of the TIA. There shall be at all times a Trustee hereunder which shall be eligible to act as Trustee under TIA Section 310(a)(1) and shall have a combined capital and surplus (together with that of its parent, if applicable) of at least $50,000,000. If such corporation publishes reports of condition at least annually, pursuant to law or to 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 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.

Appears in 8 contracts

Samples: Indenture (New Gold Inc. /FI), Indenture (Valens Company, Inc.), Indenture (Cardiol Therapeutics Inc.)

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Corporate Trustee Required; Eligibility; Conflicting Interests. The Trustee shall comply with the terms of Section 310(b) of the TIA. There shall be at all times be a Trustee hereunder which shall qualified or to be eligible to act as Trustee qualified under TIA Section 310(a)(1) and which, to the extent there is such an institution eligible and willing to serve, shall have a combined capital and surplus (together with that of its parent, if applicable) of at least $50,000,000. If such corporation Trustee publishes reports of condition at least annually, pursuant to law or to the requirements of Federal, State, territorial Territorial or District of Columbia supervising or examining authority, then for the purposes of this SectionSection 608, the combined capital and surplus of such corporation 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 SectionSection 608, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.

Appears in 5 contracts

Samples: Indenture (Cablevision Systems Corp), Indenture (Cablevision Systems Corp), Indenture (CSC Holdings Inc)

Corporate Trustee Required; Eligibility; Conflicting Interests. The Trustee shall comply with the terms of Section 310(b) of the TIA. There shall be at all times be a Trustee hereunder which shall qualified or to be eligible to act as Trustee qualified under TIA Trust Indenture Act Section 310(a)(1) and which, to the extent there is such an institution eligible and willing to serve, shall have a combined capital and surplus (together with that of its parent, if applicable) of at least $50,000,000. If such corporation Trustee publishes reports of condition at least annually, pursuant to law or to the requirements of Federal, State, territorial Territorial or District of Columbia supervising or examining authority, then for the purposes of this SectionSection 608, the combined capital and surplus of such corporation 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 SectionSection 608, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.

Appears in 3 contracts

Samples: Indenture (AMC Networks Inc.), Indenture (WE TV Studios LLC), Indenture (Voom HD Holdings LLC)

Corporate Trustee Required; Eligibility; Conflicting Interests. The Trustee shall comply with the terms of Section 310(b) of the TIA. There shall be at all times a Trustee hereunder which shall be eligible to act as Trustee under TIA Section 310(a)(1) and shall have a combined capital and surplus (together with that of its parent, if applicable) of at least $50,000,000). If such corporation publishes reports of condition at least annually, pursuant to law or to 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 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.

Appears in 3 contracts

Samples: Trust Indenture (High Tide Inc.), Indenture (Northern Dynasty Minerals LTD), Trust Indenture (Taseko Mines LTD)

Corporate Trustee Required; Eligibility; Conflicting Interests. The Trustee shall comply with the terms of Section 310(b) of the TIA. There shall be 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 a combined capital and surplus (together with that of its parent, if applicable) 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 such corporation Trustee or Person publishes reports of condition at least annually, pursuant to law or to the requirements of a Federal, State, territorial Territorial or District of Columbia supervising or examining authority, then for the purposes of this Section, the combined capital and surplus of such corporation 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.

Appears in 3 contracts

Samples: Indenture (JDN Realty Corp), Indenture (Capstone Turbine Corp), Indenture (Capstone Turbine Corp)

Corporate Trustee Required; Eligibility; Conflicting Interests. The Trustee shall comply with the terms of Section 310(b) of the TIA. There shall be at all times a Trustee hereunder which shall in the case of the Trustee, be eligible to act as Trustee under TIA Section 310(a)(1) and shall in the case both of the Trustee, have a combined capital and surplus (together with that of its parent, if applicable) of at least $50,000,000. If such corporation publishes reports of condition at least annually, pursuant to law or to 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 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.

Appears in 2 contracts

Samples: Indenture (Emera US Holdings Inc.), Indenture (Emera Inc)

Corporate Trustee Required; Eligibility; Conflicting Interests. The Trustee shall comply with the terms of Section 310(b) of the TIA. There shall be at all times be a Trustee hereunder which shall qualified or to be eligible to act as Trustee qualified under TIA Section 310(a)(13l0(a)(l) and (5) and which, to the extent there is such an institution eligible and willing to serve, shall have a combined capital and surplus (together with that of its parent, if applicable) of at least $50,000,000. If such corporation publishes Trustee files reports of condition at least annually, pursuant to law or to the requirements of Federalfederal, Statestate, territorial or District of Columbia supervising or examining authority, then for the purposes of this SectionSection 608, the combined capital and surplus of such corporation the Trustee shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so publishedfiled. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this SectionSection 608, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.

Appears in 2 contracts

Samples: Indenture (Oneok Inc /New/), Indenture (Oneok Inc /New/)

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Corporate Trustee Required; Eligibility; Conflicting Interests. The Trustee shall comply with the terms of Section 310(b) of the TIA. There shall be at all times be a Trustee hereunder which shall be eligible to act as Trustee under TIA Section 310(a)(1) and shall have (or, in the case of a corporation included in a bank holding company system, the related bank holding company shall have) a combined capital and surplus (together with that of its parent, if applicable) of at least $50,000,000. If such corporation or holding company publishes reports of condition at least annually, pursuant to law or to the requirements of 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 such corporation or holding company 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.

Appears in 2 contracts

Samples: Indenture (SDL Inc), Indenture (Novellus Systems Inc)

Corporate Trustee Required; Eligibility; Conflicting Interests. The Trustee shall comply with the terms of Section 310(b) of the TIA. There shall be at all times a Trustee hereunder which shall be eligible to act as Trustee under TIA Section 310(a)(1) and shall have a combined capital and surplus (together with that of its parent, if applicable) of at least $50,000,000. If such corporation publishes reports of condition at least annually, pursuant to law or to the requirements of Federal, State, territorial or District of Columbia supervising or examining authority, then for the purposes of this SectionSection 607, 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 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.

Appears in 1 contract

Samples: Indenture (B2gold Corp)

Corporate Trustee Required; Eligibility; Conflicting Interests. The Trustee shall comply with the terms of Section 310(b) of the TIA. There shall be at all times be a Trustee hereunder which shall qualified or to be eligible to act as Trustee qualified under TIA Section 310(a)(1) and which, to the extent there is such an institution eligible and willing to serve, shall have a combined capital and surplus (together with that of its parent, if applicable) of at least $50,000,000. If such corporation Trustee publishes reports of condition at least annually, pursuant to law or to the requirements of Federalfederal, Statestate, territorial or District of Columbia supervising or examining authority, then for the purposes of this SectionSection 608, the combined capital and surplus of such corporation 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 SectionSection 608, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.

Appears in 1 contract

Samples: Indenture (Atmos Energy Corp)

Corporate Trustee Required; Eligibility; Conflicting Interests. The There shall at all times be a Trustee who shall comply with at all times satisfy the terms requirements of Section 310(b310(a) of the TIATIA (as if the TIA applied to this Indenture). There shall be at all times a Trustee hereunder which shall be The Trustee, to the extent there is such an institution eligible and willing to act as Trustee under TIA Section 310(a)(1) and serve, shall have a combined capital and surplus (together with that of its parent, if applicable) of at least $50,000,00050,000,000 as set forth in its most recently published annual report of condition. If such corporation Trustee publishes or files reports of condition at least annually, pursuant to law or to the requirements of Federalfederal, Statestate, territorial or District of Columbia supervising or examining authority, then for the purposes of this SectionSection 5.7, the combined capital and surplus of such corporation the Trustee shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so publishedpublished or filed. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this SectionSection 5.7, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.

Appears in 1 contract

Samples: Indenture (KLX Inc.)

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