Common use of Corporate Trustee Required; Eligibility Clause in Contracts

Corporate Trustee Required; Eligibility. There shall at all times be one or more Trustees hereunder with respect to the Securities of each series, at least one of which shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such and has a combined capital and surplus required by the Trust Indenture Act. If such Person publishes reports of condition at least annually, pursuant to law or to the requirements of a supervising or examining authority, then for the purposes of this Section, the combined capital and surplus of such 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 59 contracts

Sources: Indenture (Dime Community Bancshares, Inc. /NY/), Indenture (SouthState Corp), Indenture (SouthState Corp)

Corporate Trustee Required; Eligibility. There shall at all times be one or more Trustees hereunder with respect to the Securities of each series, at least one of a Trustee under this Indenture which shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such and has a combined capital and surplus required by the Trust Indenture Actof at least $50,000,000. If such Person publishes reports of condition at least annually, pursuant to law or to the requirements of a its supervising or examining authority, then for the purposes of this SectionSection (and to the extent permitted by the Trust Indenture Act), the combined capital and surplus of such 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 52 contracts

Sources: Indenture (Valley National Bancorp), Indenture (United Community Banks Inc), Indenture (Independent Bank Corp)

Corporate Trustee Required; Eligibility. There shall at all times be one or more Trustees hereunder with respect to the Securities of each series, at least one of which (and only one) Trustee hereunder. The Trustee shall be a Person that is eligible pursuant to the Trust Indenture Act TIA to act as such and has a combined capital and surplus required by the Trust Indenture Actof at least $50.0 million. If any such Person publishes reports of condition at least annually, pursuant to law or to the requirements of a its supervising or examining authority, then for the purposes of this SectionSection 709 and to the extent permitted by the TIA, the combined capital and surplus of such 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 SectionSection 709, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.

Appears in 35 contracts

Sources: Secured Notes Indenture (Columbus McKinnon Corp), Indenture (US Foods Holding Corp.), Indenture (US Foods Holding Corp.)

Corporate Trustee Required; Eligibility. There shall at all times be one or more Trustees a Trustee hereunder with respect to the Securities of each series, at least one of which shall be a Person that is eligible pursuant to act as Trustee under Section 310(a)(1) of the Trust Indenture Act to act as such and has having a combined capital and surplus required of at least $50,000,000 subject to supervision or examination by the Trust Indenture Actfederal or State authority. If such Person corporation publishes reports of condition at least annually, pursuant to law or to the requirements of a said supervising or examining authority, then for the purposes of this Section, the combined capital and surplus of such Person corporation shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. Neither the Company nor any Person directly or indirectly controlling, controlled by, or under common control with the Company may serve as Trustee. 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 23 contracts

Sources: Indenture (Public Service Co of Colorado), Indenture (Public Service Co of Colorado), Indenture (Michigan Consolidated Gas Co /Mi/)

Corporate Trustee Required; Eligibility. There shall at all times be one or more Trustees a Trustee hereunder with respect to the Securities of each series, at least one of which shall be a Person that is eligible pursuant to act as Trustee under Section 310(a)(1) of the Trust Indenture Act to act as such and has having a combined capital and surplus required (together with its parent) of at least $100,000,000 and subject to supervision or examination by the Trust Indenture Actfederal or State authority. If such Person corporation publishes reports of condition at least annually, pursuant to law or to the requirements of a said supervising or examining authority, then for the purposes of this Section, the combined capital and surplus of such Person corporation shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. Neither the Company nor any Person directly or indirectly controlling, controlled by, or under common control with the Company may serve as Trustee. 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 17 contracts

Sources: Subordinated Debt Indenture (Interline Brands, Inc./De), Senior Debt Indenture (Interline Brands, Inc./De), Subordinated Debt Indenture (Interline Brands, Inc./De)

Corporate Trustee Required; Eligibility. There shall at all times be one or more Trustees a Trustee hereunder with respect to the Securities of each series, at least one of which shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such and has has, or whose parent banking company has, a combined capital and surplus required by the Trust Indenture Actof at least $50,000,000. If such Person publishes reports of condition at least annually, pursuant to law or to the requirements of a said supervising or examining authority, then for the purposes of this SectionSection 6.09, the combined capital and surplus of such 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 SectionSection 6.09, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.

Appears in 15 contracts

Sources: Indenture (Oscient Pharmaceuticals Corp), Indenture (Oscient Pharmaceuticals Corp), Indenture (Oscient Pharmaceuticals Corp)

Corporate Trustee Required; Eligibility. (a) There shall at all times be one or more Trustees hereunder with respect to the Securities of each series, at least one of which (and only one) Trustee hereunder. The Trustee shall be a Person that is eligible pursuant to the Trust Indenture Act TIA to act as such and has a combined capital and surplus required by the Trust Indenture Actof at least $100,000,000. If any such Person publishes reports of condition at least annually, pursuant to law or to the requirements of a its supervising or examining authority, then for the purposes of this SectionSection 7.10 and to the extent permitted by the TIA, the combined capital and surplus of such 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 SectionSection 7.10, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.

Appears in 15 contracts

Sources: Indenture (Lyondell Chemical Co), Indenture (Eastman Kodak Co), Indenture (Lyondell Chemical Co)

Corporate Trustee Required; Eligibility. There shall at all times be one or more Trustees a Trustee hereunder with respect to the Securities of each series, at least one of which shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such and has a combined capital and surplus required by the of at least $50,000,000 and has its Corporate Trust Indenture ActOffice in New York, New York. If such Person publishes reports of condition at least annually, pursuant to law or to the requirements of a said supervising or examining authority, then for the purposes of this Section, the combined capital and surplus of such 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 15 contracts

Sources: Indenture (Warnaco Group Inc /De/), Indenture (Budget Group Inc), Indenture (Commscope Inc)

Corporate Trustee Required; Eligibility. There shall at all times be one or more Trustees a Trustee hereunder with respect to the Securities of each series, at least one of which shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such and such, has a combined capital and surplus required by of at least $25,000,000 and has its Corporate Trust Office located in the Trust Indenture ActBorough of Manhattan, The City of New York. If such Person publishes reports of condition at least annually, pursuant to law or to the requirements of a its supervising or examining authority, then for the purposes of this Section, the combined capital and surplus of such 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 13 contracts

Sources: Senior Subordinated Indenture (Allied Waste Industries Inc), Senior Subordinated Indenture (Allied Waste Industries Inc), Senior Indenture (Allied Waste Industries Inc)

Corporate Trustee Required; Eligibility. There shall at all times be one or more Trustees hereunder with respect to the Securities of each series, at least one of which (and only one) Trustee hereunder. The Trustee shall be a Person that is eligible pursuant to the Trust Indenture Act TIA to act as such and has a combined capital and surplus required by the Trust Indenture Act(together with its corporate parent) of at least $50,000,000. If any such Person publishes reports of condition at least annually, pursuant to law or to the requirements of a its supervising or examining authority, then for the purposes of this SectionSection and to the extent permitted by the TIA, the combined capital and surplus of such 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 SectionSection 709, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.

Appears in 11 contracts

Sources: Indenture (Avis Budget Group, Inc.), Indenture (Avis Budget Group, Inc.), Indenture (Avis Budget Group, Inc.)

Corporate Trustee Required; Eligibility. There shall at all times be one or more Trustees (and only one) Trustee hereunder with respect to the Securities of each series, at least one of which Notes. Each Trustee shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such such, and has a combined capital and surplus required by the Trust Indenture Actof at least $50,000,000. If any such Person publishes reports of condition at least annually, pursuant to law or to the requirements of a its supervising or examining authority, then for the purposes of this SectionSection and to the extent permitted by the Trust Indenture Act, the combined capital and surplus of such 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 with respect to the Notes 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 10 contracts

Sources: Supplemental Indenture (Concho Resources Inc), Twelfth Supplemental Indenture (Concho Resources Inc), Thirteenth Supplemental Indenture (Concho Resources Inc)

Corporate Trustee Required; Eligibility. There shall at all times be one or more Trustees hereunder with respect to the Securities of each series, at least one of which (and only one) Trustee hereunder. Each Trustee shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such such, and has a combined capital and surplus required by the Trust Indenture Actof at least $50.0 million. If any such Person publishes reports of condition at least annually, pursuant to law or to the requirements of a its supervising or examining authority, then for the purposes of this SectionSection and to the extent permitted by the Trust Indenture Act, the combined capital and surplus of such 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 9 contracts

Sources: Indenture (Weatherford International PLC), Indenture (Weatherford Irish Holdings Ltd.), Indenture (Weatherford International PLC)

Corporate Trustee Required; Eligibility. There shall at all times be one or more Trustees a Trustee hereunder with respect to the Securities of each series, at least one of which shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such and has a combined capital and surplus required by the of at least $50,000,000 and has its Corporate Trust Indenture Act. If Office in New York, New York, if such Person publishes reports of condition at least annually, pursuant to law or to the requirements of a said supervising or examining authority, then for the purposes of this Section, the combined capital and surplus of such 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 9 contracts

Sources: Indenture (Enron Capital Trust I), Indenture (Enron Capital Trust Ii), Indenture (Enron Capital Trust I)

Corporate Trustee Required; Eligibility. There shall at all times be one or more Trustees a Trustee hereunder with respect to the Securities of each series, at least one of which shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such and has a combined capital and surplus required by of at least $50,000,000 and its Corporate Trust Office in the Trust Indenture ActBorough of Manhattan, The City of New York. If such Person publishes reports of condition at least annually, pursuant to law or to the requirements of a said supervising or examining authority, then for the purposes of this Section, the combined capital and surplus of such 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 9 contracts

Sources: Indenture (Ingenior M.O. Schoyens Bilcentraler As), Indenture (Converium Holding Ag), Indenture (Loews Cineplex Entertainment Corp)

Corporate Trustee Required; Eligibility. There shall at all times be one or more Trustees a Trustee hereunder with respect to the Securities of each series, at least one of which shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such and such, has a combined capital and surplus required by of at least $50,000,000 and has its Corporate Trust Office located in the Trust Indenture ActBorough of Manhattan, The City of New York. If such Person publishes reports of condition at least annually, pursuant to law or to the requirements of a its supervising or examining authority, then for the purposes of this Section, the combined capital and surplus of such 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 7 contracts

Sources: Senior Indenture (Allied Waste Industries Inc), Indenture (Lexmark International Group Inc), Senior Subordinated Indenture (Allied Waste Industries Inc)

Corporate Trustee Required; Eligibility. There shall at all times be one or more Trustees a Trustee hereunder with respect to the Securities of each series, at least one of which shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such and has a combined capital and surplus required by the of at least $50,000,000 and its Corporate Trust Indenture ActOffice in New York, New York. If such Person publishes reports of condition at least annually, pursuant to law or to the requirements of a said supervising or examining authority, then for the purposes of this Section, the combined capital and surplus of such 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 5 contracts

Sources: Indenture (Dover Corp), Indenture (Portland General Electric Co /Or/), Indenture (Portland General Electric Co /Or/)

Corporate Trustee Required; Eligibility. There shall be at all times be one or more Trustees a Trustee hereunder with respect to that satisfies the Securities requirements of each series, at least one Section 310(a) of which shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such and has a combined capital and surplus required by the Trust Indenture Actof at least US$150,000. If such Person corporation, trust company or association publishes reports of condition at least annually, pursuant to law or to the requirements of a federal, State, territorial or District of Columbia supervising or examining authority or any similar authority, then for the purposes of this Section‎Section 8.11, the combined capital and surplus of such Person corporation, trust company or association 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 Article‎Section 8.08.

Appears in 3 contracts

Sources: Indenture (Energy Resources Rail LLC), Indenture (Enrestechnology LLC), Indenture (Enrestechnology LLC)

Corporate Trustee Required; Eligibility. There shall at all times be one or more Trustees (and only one) Trustee hereunder with respect to the Securities of each series, at least one of which Notes. Each Trustee shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such and has a combined capital and surplus required by the Trust Indenture Actof at least $100,000,000. If any such Person publishes reports of condition at least annually, pursuant to law or to the requirements of a its supervising or examining authority, then for the purposes of this SectionSection and to the extent permitted by the Trust Indenture Act, the combined capital and surplus of such 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 with respect to the Notes 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

Sources: Indenture (380 Development, LLC), Indenture (380 Development, LLC), Indenture (International Speedway Corp)

Corporate Trustee Required; Eligibility. (a) There shall at all times be one or more Trustees hereunder with respect to the Securities of each series, at least one of which (and only one) Trustee hereunder. The Trustee shall be a Person that is eligible pursuant to the Trust Indenture Act TIA to act as such and has a combined capital and surplus required by the Trust Indenture Actof at least $50,000,000. If any such Person publishes reports of condition at least annually, pursuant to law or to the requirements of a its supervising or examining authority, then for the purposes of this SectionSection 7.10 and to the extent permitted by the TIA, the combined capital and surplus of such 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 SectionSection 7.10, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.

Appears in 3 contracts

Sources: Indenture (Equistar Funding Corp), Indenture (Equistar Chemicals Lp), Indenture (Lyondell Chemical Co)

Corporate Trustee Required; Eligibility. There shall at all times be one or more Trustees a Trustee hereunder with respect to the Securities of each series, at least one of which shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such and has a combined capital and surplus required by the of at least $50,000,000 and has its Corporate Trust Indenture ActOffice in Wilmington, Delaware. If such Person publishes reports of condition at least annually, pursuant to law or to the requirements of a said supervising or examining authority, then for the purposes of this Section, the combined capital and surplus of such 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

Sources: Indenture (Continental Airlines Inc /De/), Indenture (Carriage Services Inc), Indenture (Hanover Compressor Capital Trust)

Corporate Trustee Required; Eligibility. There shall at all times be one or more Trustees a Trustee hereunder with respect to the Securities of each series, at least one of which shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such and has has, or whose parent banking company has, a combined capital and surplus required by the Trust Indenture Actof at least $50,000,000. If such Person publishes reports of condition at least annually, pursuant to law or to the requirements of a said supervising or examining authority, then for the purposes of this SectionSection 11.09, the combined capital and surplus of such 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 SectionSection 11.09, it shall resign immediately in the manner and with the effect hereinafter specified in this ArticleArticle 11.

Appears in 3 contracts

Sources: Indenture (Novellus Systems Inc), Indenture (Convergys Corp), Indenture (Convergys Corp)

Corporate Trustee Required; Eligibility. There shall at all times be one or more Trustees hereunder with respect to the Securities of each series, at least one of which shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such and has a combined capital and surplus required by the Trust Indenture Act. If such Person publishes reports of condition at least annually, pursuant to law or to the requirements of a supervising or examining authority, then for the purposes of this Section, the combined capital and surplus of such 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. Section 610.

Appears in 3 contracts

Sources: Indenture (El Paso Natural Gas Co), Indenture (El Paso Natural Gas Co), Indenture (El Paso Natural Gas Co)

Corporate Trustee Required; Eligibility. There shall at all times be one or more Trustees a Trustee hereunder with respect to the Securities of each series, at least one of which shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such and has a combined capital and surplus required of at least $100,000,000 and subject to supervision or examination by the Trust Indenture Actfederal or state authority. If such Person publishes reports of condition at least annually, pursuant to law or to the requirements of a said supervising or examining authority, then for the purposes of this Section, the combined capital and surplus of such Person 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

Sources: Indenture (Westbridge Capital Corp), Indenture (Iat Multimedia Inc), Indenture (Iat Multimedia Inc)

Corporate Trustee Required; Eligibility. There shall at all times be one or more Trustees (and only one) Trustee hereunder with respect to the Securities of each series, at least one of which Notes. Each Trustee shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such such, and has a combined capital and surplus required by the Trust Indenture Actof at least U.S.$50 million. If any such Person publishes reports of condition at least annually, pursuant to law or to the requirements of a its supervising or examining authority, then for the purposes of this SectionSection and to the extent permitted by the Trust Indenture Act, the combined capital and surplus of such 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 with respect to the Notes 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

Sources: Indenture (Bellatrix Exploration Ltd.), Indenture (Bellatrix Exploration Ltd.), Indenture (Bellatrix Exploration Ltd.)

Corporate Trustee Required; Eligibility. There shall at all times be one or more Trustees a Trustee hereunder with respect to which satisfies the Securities applicable requirements of each series, at least one Sections 310(a)(1) and (5) of which shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such and which, along with its Affiliates, has a combined capital and surplus required by the Trust Indenture Actof at least one hundred fifty million dollars ($150,000,000). If such Person the Trustee publishes reports of condition at least annually, pursuant to law Law or to the requirements of a supervising or examining authority, then for the purposes of this SectionSection 4.9, the combined capital and surplus of such Person 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 4.9, it shall resign immediately in the manner and with the effect hereinafter specified in this ArticleArticle 4.

Appears in 3 contracts

Sources: Contingent Value Rights Agreement (Bristol Myers Squibb Co), Contingent Value Rights Agreement (Bristol Myers Squibb Co), Contingent Value Rights Agreement (Bristol Myers Squibb Co)

Corporate Trustee Required; Eligibility. There shall at all times be one or more Trustees hereunder with respect to the Securities of each series, at least one of which shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such and has a combined capital and surplus required by the Trust Indenture Act. If such Person publishes reports of condition at least annually, pursuant to law or to the requirements of a supervising or examining authority, then for the purposes of this Section, the combined capital and surplus of such 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. SECTION 610.

Appears in 3 contracts

Sources: Indenture (Tennessee Gas Pipeline Co), Indenture (El Paso Tennessee Pipeline Co), Indenture (Tennessee Gas Pipeline Co)

Corporate Trustee Required; Eligibility. There shall at all times be one or more Trustees a Trustee hereunder with respect to the Securities of each series, at least one of which shall be a Person that has, or is eligible pursuant to the Trust Indenture Act to act as such and has a wholly owned subsidiary of a bank holding company that has, a combined capital and surplus required by of at least $50,000,000 and a Corporate Trust Office in the Trust Indenture ActUnited States. If such Person publishes reports of condition at least annually, pursuant to law or to the requirements of a federal or state supervising or examining authority, then for the purposes of this SectionSection 6.09, the combined capital and surplus of such 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 SectionSection 6.09, it shall resign immediately in the manner and with the effect hereinafter specified in this ArticleArticle VI.

Appears in 2 contracts

Sources: Indenture (Herc Holdings Inc), Indenture (Herc Holdings Inc)

Corporate Trustee Required; Eligibility. There shall at all times be one or more Trustees hereunder with respect to the Securities of each series, at least one of which shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such and has a combined capital and surplus required by the Trust Indenture Actof at least $50,000,000. If such Person publishes reports of condition at least annually, pursuant to law or to the requirements of a said supervising or examining authority, then for the purposes of this Section, the combined capital and surplus of such 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 2 contracts

Sources: Indenture (General Growth Properties Inc), Indenture (American Health Properties Inc)

Corporate Trustee Required; Eligibility. (a) There shall at all times be one or more Trustees hereunder with respect to the Securities of each series, at least one of which (and only one) Trustee hereunder. The Trustee shall be a Person that is eligible pursuant to the Trust Indenture Act TIA to act as such and has a combined capital and surplus required by the Trust Indenture Actof at least $50,000,000. If any such Person publishes reports of condition at least annually, pursuant to law or to the requirements of a its supervising or examining authority, then for the purposes of this SectionSection 7.10 ---- and to the extent permitted by the TIA, the combined capital and surplus of such 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 SectionSection 7.10, it shall resign immediately in the manner and with the effect hereinafter ---- specified in this Article.

Appears in 2 contracts

Sources: Indenture (Lyondell Chemical Co), Indenture (Equistar Chemicals Lp)

Corporate Trustee Required; Eligibility. There shall at all times be one or more Trustees a Trustee hereunder with respect to the Securities of each series, at least one of which shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such and has a combined capital and surplus required by the Trust Indenture Actof at least Fifty Million Dollars ($50,000,000). If any such Person publishes reports of condition at least annually, pursuant to applicable law or to the requirements of a its supervising or examining authority, then for the purposes of this SectionSection 10.09 and to the extent permitted by the Trust Indenture Act, the combined capital and surplus of such 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 with respect to the Securities of any series shall cease to be eligible in accordance with the provisions of this SectionSection 10.09, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.Article X.

Appears in 2 contracts

Sources: Bond Indenture, Mortgage, Deed of Trust, Security Agreement (Aquila Inc), Indenture of Mortgage and Deed of Trust (Aquila Inc)

Corporate Trustee Required; Eligibility. There shall at all times be one or more Trustees (and only one) Trustee hereunder with respect to the Securities of each series, at least one of which Notes. The Trustee shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such and has a combined capital and surplus required by the Trust Indenture Actof at least $50,000,000. If any such Person publishes reports of condition at least annually, pursuant to law or to the requirements of a its supervising or examining authority, then for the purposes of this SectionSection and to the extent permitted by the Trust Indenture Act, the combined capital and surplus of such 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 2 contracts

Sources: Indenture (Maverick Tube Corporation), Indenture (Maverick Tube Corporation)

Corporate Trustee Required; Eligibility. There shall at all times be one or more Trustees hereunder with respect to the Securities of each series, at least one of which (and only one) Trustee hereunder. The Trustee shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such and has a combined capital and surplus required by the Trust Indenture Actof at least $100,000,000. If any such Person publishes reports of condition at least annually, pursuant to law or to the requirements of a its supervising or examining authority, then for the purposes of this SectionSection 7.10 and to the extent permitted by the Trust Indenture Act, the combined capital and surplus of such 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 SectionSection 7.10, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.

Appears in 2 contracts

Sources: Indenture (Eastman Kodak Co), Indenture (Eastman Kodak Co)

Corporate Trustee Required; Eligibility. There shall at all times be one or more Trustees a Trustee hereunder with respect to the Securities of each series, at least one of which shall be a Person that is eligible pursuant to under the Trust Indenture Act to act as such and has such. The Trustee shall have a combined capital and surplus required by the Trust Indenture Actof at least $50,000,000. If such Person publishes reports of condition at least annually, pursuant to law or to the requirements of a Federal or state supervising or examining authority, then for the purposes of this SectionSection 609 and to the extent permitted by the Trust Indenture Act, the combined capital and surplus of such 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 shall, with respect to the Securities of any series, cease to be eligible in accordance with the provisions of this SectionSection 609, it shall resign immediately in the manner and with the effect hereinafter specified in this ArticleArticle Six.

Appears in 2 contracts

Sources: Subordinated Debt Securities Indenture (Nextel Communications Inc), Senior Debt Securities Indenture (Nextel Communications Inc)

Corporate Trustee Required; Eligibility. There shall at all times be one or more Trustees hereunder with respect to the Securities of each series, at least one of which (and only one) Trustee hereunder. The Trustee shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such and has a combined capital and surplus required by the Trust Indenture Actof at least $50,000,000. If any such Person publishes reports of condition at least annually, pursuant to law or to the requirements of a its supervising or examining authority, then for the purposes of this SectionSection and to the extent permitted by the Trust Indenture Act, the combined capital and surplus of such 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 2 contracts

Sources: Indenture (Vintage Petroleum Inc), Indenture (Vintage Petroleum Inc)

Corporate Trustee Required; Eligibility. The Trustee shall at all times satisfy the requirement of Section 310(a) of the Trust Indenture Act. There shall at all times be one or more Trustees a Trustee hereunder with respect to the Securities of each series, at least one of which shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such and has a combined capital and surplus required by the Trust Indenture Actof at least $50,000,000. If such Person publishes reports of condition at least annually, pursuant to law or to the requirements of a said supervising or examining authority, then for the purposes of this Section, the combined capital and surplus of such 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 2 contracts

Sources: Indenture (Virgin Media Inc.), Indenture (Hercules Offshore, Inc.)

Corporate Trustee Required; Eligibility. There shall at all times be one or more Trustees hereunder with respect to the Securities of each series, at least one of Series which shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such and has a combined capital and surplus required by the Trust Indenture Actof at least $50,000,000. If such Person publishes reports of condition at least annually, pursuant to law or to the requirements of a said supervising or examining authority, then for the purposes of this SectionSection 609, the combined capital and surplus of such 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 SectionSection 609, it shall resign immediately in the manner and with the effect hereinafter specified in this ArticleArticle Six.

Appears in 2 contracts

Sources: Indenture (Georgia Gulf Corp /De/), Indenture (Georgia Gulf Corp /De/)

Corporate Trustee Required; Eligibility. There shall at all times be one or more Trustees a Trustee hereunder with respect to the Securities of each series, at least one of which shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such and has a combined capital and surplus required of at least $50,000,000, be subject to supervision or examination by the Trust Indenture ActFederal or State authority. If such Person publishes reports of condition at least annually, pursuant to law or to the requirements of a said supervising or examining authority, then then, for the purposes of this Section, the combined capital and surplus of such 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 2 contracts

Sources: Indenture (Seagate Technology Inc), Indenture (Seagate Technology Inc)

Corporate Trustee Required; Eligibility. There shall at all times be one or more Trustees hereunder with respect to the Securities of each series, at least one of which shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such and has a combined capital and surplus required by the of at least $50,000,000 and its Corporate Trust Indenture ActOffice in ______________________________. If such Person publishes reports of condition at least annually, pursuant to law or to the requirements of a said supervising or examining authority, then for the purposes of this Section, the combined capital and surplus of such 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 2 contracts

Sources: Indenture (Royal Gold Inc /De/), Indenture (Royal Gold Inc /De/)

Corporate Trustee Required; Eligibility. There shall at all times be one or more Trustees a Trustee hereunder with respect to the Securities of each series, at least one of which shall be a Person that is eligible pursuant to the act as Trustee under Trust Indenture Act to act as such Sections 310(a)(1) and has (2) and which shall have a combined capital and surplus required by the Trust Indenture Actof at least $50,000,000. If such Person corporation publishes reports of condition at least annually, pursuant to law or to the requirements of a any Federal, ▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇▇▇▇ supervising or examining authority, then for the purposes of this Section, the combined capital and surplus of such Person 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 the Trustee shall resign immediately in the manner and with the effect hereinafter specified in this Article.

Appears in 2 contracts

Sources: Indenture (Cccisg Capital Trust), Indenture (RCN Corp /De/)

Corporate Trustee Required; Eligibility. There shall at all times be one or more Trustees a Trustee hereunder with respect that is a corporation eligible to act as such pursuant to the Securities terms of each series, at least one of which shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such and that has a combined capital and surplus required of at least $50,000,000, subject to supervision or examination by the Trust Indenture ActFederal or State authority. If such Person corporation publishes reports of condition at least annually, pursuant to law or to the requirements of a the aforesaid supervising or examining authority, then for the purposes of this Section, the combined capital and surplus of such Person 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

Sources: Indenture (Countrywide Home Loans Inc), Indenture (Countrywide Home Loans Inc)

Corporate Trustee Required; Eligibility. There shall at all times be one or more Trustees (and only one) Trustee hereunder with respect to the Securities of each series, at least one of which Notes. Trustee shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such and has a combined capital and surplus required by the Trust Indenture Actof at least $50,000,000. If any such Person publishes reports of condition at least annually, pursuant to law or to the requirements of a its supervising or examining authority, then for the purposes of this SectionSection and to the extent permitted by the Trust Indenture Act, the combined capital and surplus of such 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 with respect to the Notes 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

Sources: Indenture (Mobile Mini Inc), Indenture (Mobile Mini Inc)

Corporate Trustee Required; Eligibility. There shall at all times be one or more Trustees hereunder with respect to the Securities of each seriesDebentures, at least one of which shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such and has a combined capital and surplus required by the Trust Indenture Act. If such Person publishes reports of condition at least annually, pursuant to law or to the requirements of a supervising or examining authority, then for the purposes of this Section, the combined capital and surplus of such 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 2 contracts

Sources: Junior Convertible Subordinated Indenture (Amcv Capital Trust I), Junior Convertible Subordinated Indenture (American Classic Voyages Co)

Corporate Trustee Required; Eligibility. There shall at all times be one or more Trustees a Trustee hereunder with respect to the Securities of each series, at least one of which shall be a Person that is eligible pursuant to act as Trustee under Section 310(a)(1) of the Trust Indenture Act to act as such and has having a combined capital and surplus required (together with its parent) of at least $50,000,000 and subject to supervision or examination by the Trust Indenture Actfederal or State authority. If such Person corporation publishes reports of condition at least annually, pursuant to law or to the requirements of a said supervising or examining authority, then for the purposes of this Section, the combined capital and surplus of such Person corporation shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. Neither the Company nor any Person directly or indirectly controlling, controlled by, or under common control with the Company may serve as Trustee. 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

Sources: Subordinated Debt Indenture (Radio One Licenses LLC), Senior Debt Indenture (Radio One Licenses LLC)

Corporate Trustee Required; Eligibility. There shall at --------------------------------------- all times be one or more Trustees a Trustee hereunder with respect to the Securities of each series, at least one of which shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such and has a combined capital and surplus required by the Trust Indenture Actof at least $50,000,000. If such Person publishes reports of condition at least annually, pursuant to law or to the requirements of a Federal, State, Territorial or District of Columbia supervising or examining authority, then for the purposes of this SectionSection 609, the combined capital and surplus of such 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 1 contract

Sources: Indenture (Presidential Life Corp)

Corporate Trustee Required; Eligibility. There The Trustee ---------------------------------------- shall at all times be one or more Trustees hereunder with respect to satisfy the Securities eligibility requirements of each series, at least one Section 310 of which shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such and has together with its immediate parent maintain a combined capital and surplus required of at least $50,000,000, be subject to supervision or examination by Federal or State authority and have its Corporate Trust Office in the Trust Indenture ActCity of . If such Person corporation publishes reports of condition at least annually, pursuant to law or to the requirements of a said supervising or examining authority, then for the purposes of this Section, the combined capital and surplus of such Person 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 1 contract

Sources: Indenture (Alpha Technologies Group Inc)

Corporate Trustee Required; Eligibility. There shall at all times be one or more Trustees a Trustee hereunder with respect to the Securities of each series, at least one of which shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such and has a combined capital and surplus required by the Trust Indenture Actof at least $25,000,000 (or be a member of a Bank Holding Company with a combined capital and surplus of at least $50,000,000). If such Person publishes reports of condition at least annually, pursuant to law or to the requirements of a applicable supervising or examining authority, then for the purposes of this Section, the combined capital and surplus of such 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 1 contract

Sources: Indenture (Potlatch Corp)

Corporate Trustee Required; Eligibility. There shall --------------------------------------- at all times be one or more Trustees a Trustee hereunder with respect to the Securities of each series, at least one of which shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such and has a combined capital and surplus required by the of at least $50,000,000 and has its Corporate Trust Indenture ActOffice in New York, New York. If such Person publishes reports of condition at least annually, pursuant to law or to the requirements of a said supervising or examining authority, then for the purposes purpose of this Section, the combined capital and surplus of such 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 1 contract

Sources: Indenture (Nationwide Financial Services Capital Trust)

Corporate Trustee Required; Eligibility. There shall at all times be one or more Trustees hereunder with respect to the Securities of each series, at least one of which shall be a Person that is eligible pursuant to the Trust Indenture Act Section 310(a)(1) to act as such and has a combined capital and surplus required by the Trust Indenture ActAct Section 310(a)(1). If such Person publishes reports of condition at least annually, pursuant to law or to the requirements of a supervising or examining authority, then for the purposes of this Section, the combined capital and surplus of such 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 1 contract

Sources: Indenture (Prosperity Bancshares Inc)

Corporate Trustee Required; Eligibility. There shall at all times be one or more Trustees (and only one) Trustee hereunder with respect to the Securities of each series, at least one of which shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such and has a combined capital and surplus required by the Trust Indenture Actof at least $50,000,000. If such Person publishes reports of condition at least annually, pursuant to law or to the requirements of a its supervising or examining authority, then for the purposes of this SectionSection and to the extent permitted by the Trust Indenture Act, the combined capital and surplus of such 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 1 contract

Sources: Indenture (Regency Centers Corp)

Corporate Trustee Required; Eligibility. There shall at all times be one or more Trustees a Trustee hereunder with respect to the Securities of each series, at least one of which shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such and has a combined capital and surplus required by the of at least $50,000,000 and its Corporate Trust Indenture ActOffice in Houston, Texas or New York, New York. If such Person publishes reports of condition at least annually, pursuant to law or to the requirements of a said supervising or examining authority, then for the purposes of this Section, the combined capital and surplus of such 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 1 contract

Sources: Indenture (Eog Resources Inc)

Corporate Trustee Required; Eligibility. There shall at all times be one or more Trustees a Trustee hereunder with respect to the Securities of each series, at least one of which shall be a Person that is eligible pursuant to the Trust Indenture Act and to act as such and has a combined capital and surplus required by the of at least $50,000,000 and has its Corporate Trust Indenture ActOffice in New York, New York. If such Person publishes reports of condition at least annually, pursuant to law or to the requirements of a said supervising or examining authority, then for the purposes of this Section, the combined capital and surplus of such 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 1 contract

Sources: Indenture (Washington Mutual Capital I)

Corporate Trustee Required; Eligibility. There shall at all times be one or more Trustees hereunder with respect to the Securities of each series, at least one of which shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such and has a combined capital and surplus required by the Trust Indenture Act. If such Person publishes reports of condition at least annually, pursuant to law or to the requirements of a supervising or examining authority, then for the purposes of this Section, BN 83622998v1 the combined capital and surplus of such 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 1 contract

Sources: Indenture (Community West Bancshares)

Corporate Trustee Required; Eligibility. There shall at all times be one or more Trustees a Trustee hereunder with respect to the Securities of each series, at least one of which shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such and has a combined capital capi- tal and surplus required by of at least $50,000,000 and its Corporate Trust Office in the Trust Indenture ActBorough of Manhattan, The City of New York. If such Person publishes reports of condition at least annually, pursuant to law or to the requirements of a said supervising or examining authority, then for the purposes of this Section, the combined capital and surplus of such 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 1 contract

Sources: Indenture (Phillips Van Heusen Corp /De/)

Corporate Trustee Required; Eligibility. There shall at all times be one or more Trustees a Trustee hereunder with respect to the Securities of each series, at least one of which shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such and such, has a combined capital and surplus required by of at least $50 million and has its Corporate Trust Office located in the Trust Indenture ActBorough of Manhattan, The City of New York. If such Person publishes reports of condition at least annually, pursuant to law or to the requirements of a its supervising or examining authority, then for the purposes of this Section, the combined capital and surplus 101 of such 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 1 contract

Sources: Indenture (Allied Waste Industries Inc)

Corporate Trustee Required; Eligibility. There shall at all times be one or more Trustees a Trustee hereunder with respect to the Securities of each series, at least one of which shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such and has a combined capital and surplus required by of at least $50,000,000, with a Corporate Trust Office in the Trust Indenture ActBorough of Manhattan, The City of New York. If such Person publishes reports of condition at least annually, pursuant to law or to the requirements of a its supervising or examining authority, then for the purposes of this Section, the combined capital and surplus of such 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 1 contract

Sources: Indenture (Pathology Building Partnership)

Corporate Trustee Required; Eligibility. There shall at all times be one or more Trustees a Trustee hereunder with respect to the Securities of each series, at least one of which shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such and has a combined capital and surplus required by of at least $50,000,000 and its Corporate Trust Office in the Trust Indenture ActBorough of Manhattan, The City of New York. If such Person publishes reports of condition at least annually, pursuant to law or to the requirements of a said supervising or examining authority, then for the purposes of this Section, the combined capital and surplus of such 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 73 82 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 1 contract

Sources: Indenture (R H Donnelley Corp)

Corporate Trustee Required; Eligibility. There shall at all times be one or more Trustees a Trustee hereunder with respect to the Securities of each series, at least one of which shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such and has a combined capital and surplus required by the of at least $50,000,000 and its Corporate Trust Indenture ActOffice in _________________________________________. If such Person publishes reports of condition at least annually, pursuant to law or to the requirements of a said supervising or examining authority, then for the purposes of this SectionSection , the combined capital and surplus of such 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 SectionSection , it shall resign immediately in the manner and with the effect hereinafter specified in this Article.

Appears in 1 contract

Sources: Indenture (Microsoft Corp)

Corporate Trustee Required; Eligibility. There shall at all times be one or more Trustees a Trustee hereunder with respect to the Securities of each series, at least one of which shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such Trustee and has a combined capital and surplus required by the of at least $50,000,000 and has its Corporate Trust Indenture ActOffice in New York, New York. If such Person publishes reports of condition at least annually, pursuant to law or to the requirements of a said supervising or examining authority, then then, for the purposes of this SectionSection 6.9, the combined capital and surplus of such 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 SectionSection 6.9, it shall resign immediately in the manner and with the effect hereinafter specified in this ArticleArticle Six.

Appears in 1 contract

Sources: Indenture (Feg Holdings Inc)

Corporate Trustee Required; Eligibility. There shall at all times be one or more Trustees hereunder with respect to the Securities of each series, at least one of which shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such and has a combined capital and surplus required by the Trust Indenture Act. If such Person publishes reports of condition at least annually, pursuant to law or to the requirements of a supervising or examining authority, then for the purposes of this Section, the combined capital 44 and surplus of such 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 1 contract

Sources: Indenture (WashingtonFirst Bankshares, Inc.)

Corporate Trustee Required; Eligibility. There shall at all times be one or more Trustees a corporate Trustee hereunder which complies with respect to the Securities requirements of each series, at least one Section 310(a) of which shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such and has Act, having a combined capital and surplus required of at least $50,000,000, subject to supervision or examination by federal or state authority and having a Corporate Trust Office in the Trust Indenture Actcontinental United States. If such Person corporation publishes reports of condition at least annually, pursuant to law or to the requirements of a said supervising or examining authority, then for the purposes of this Section, Section the combined capital and surplus of such Person 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 1 contract

Sources: Indenture (Arthur J. Gallagher & Co.)

Corporate Trustee Required; Eligibility. There shall at all times be one or more Trustees a Trustee hereunder with respect to the Securities of each series, at least one of which shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such and has a combined capital and surplus required by of at least US$50,000,000 and its Corporate Trust Office in the Trust Indenture ActBorough of Manhattan, The City of New York. If such Person publishes reports of condition at least annually, pursuant to law or to the requirements of a said supervising or examining authority, then for the purposes of this Section, the combined capital and surplus of such 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 SectionSection 609, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.

Appears in 1 contract

Sources: Indenture (St Assembly Test Services LTD)

Corporate Trustee Required; Eligibility. There shall at all times be one or more Trustees a Trustee hereunder with respect to the Securities of each series, at least one of which shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such and has a combined capital and surplus required of at least $50,000,000 subject to supervision or examination by Federal or State authority and having its Corporate Trust Office in the Trust Indenture ActUnited States of America. If such Person publishes reports of condition at least annually, pursuant to law or to the requirements of a said supervising or examining authority, then for the purposes of this Section, the combined capital and surplus of such 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 1 contract

Sources: Indenture (Synergetics Usa Inc)

Corporate Trustee Required; Eligibility. There shall at all times be one or more Trustees hereunder with respect to the Securities of each series, at least one of which shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such and has a combined capital and surplus required by the Trust Indenture Act. If such Person publishes reports of condition at least annually, pursuant to law or to the requirements of a supervising or examining authority, then for the purposes of this Section, the 49 combined capital and surplus of such 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 1 contract

Sources: Indenture (Amcv Capital Trust I)

Corporate Trustee Required; Eligibility. There shall at all times be one or more Trustees a Trustee hereunder with respect to the Securities of each series, at least one of which shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such and has such, having a combined capital and surplus required of at least $50,000,000 and subject to supervision or examination by the Trust Indenture ActFederal or State authority. If such Person publishes reports of condition at least annually, pursuant to law or to the requirements of a said supervising or examining authority, then then, for the purposes of this Section, the combined capital and surplus of such 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 1 contract

Sources: Indenture (Micron Electronics Inc)

Corporate Trustee Required; Eligibility. There shall at all times be one or more Trustees a Trustee hereunder with respect to the Securities of each series, at least one of which shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such and has a combined capital and surplus required by the of at least $25,000,000 and its Corporate Trust Indenture ActOffice, or an office or agency thereof, in Dallas, Texas or in The City of New York. If such Person publishes reports of condition at least annually, pursuant to law or to the requirements of a said supervising or examining authority, then for the purposes of this Section, the combined capital and surplus of such 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 1 contract

Sources: Indenture (Commercial Metals Co)

Corporate Trustee Required; Eligibility. Conflicting Interests. --------------------- There shall be at all times be one or more Trustees a Trustee hereunder with respect to the Securities of each series, at least one of which shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such Trustee under TIA Sections 310(a)(1) and has 310(a)(5) and shall have a combined capital and surplus required by the Trust Indenture Actof at least $50,000,000. If such Person corporation publishes reports of condition at least annually, pursuant to law or to the requirements of a 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 Person 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 1 contract

Sources: Senior Indenture (Complete Management Inc)

Corporate Trustee Required; Eligibility. (a) There shall at all times be one or more Trustees hereunder with respect to the Securities of each series, at least one of which (and only one) Trustee hereunder. The Trustee shall be a Person that is eligible pursuant to the Trust Indenture Act TIA to act as such and has a combined capital and surplus required by the Trust Indenture Actof at least $100,000,000. If any such Person publishes reports of condition at least annually, pursuant to law or to the requirements of a its supervising or examining authority, then for the purposes of this SectionSection 7.09 and to the extent permitted by the TIA, the combined capital and surplus of such 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 SectionSection 7.09, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.

Appears in 1 contract

Sources: Indenture (Thermadyne MFG LLC)

Corporate Trustee Required; Eligibility. There shall at all times be one or more Trustees a Trustee hereunder with respect to the Securities of each series, at least one of which shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such and has a combined capital and surplus required by the of at least $50,000,000 and has its Corporate Trust Indenture ActOffice in New York, New York. If such Person publishes reports of condition at least annually, pursuant to law or to the requirements of a supervising or examining authority, then for the purposes of this Section, the combined capital and surplus of such 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 1 contract

Sources: Indenture (Great West Life & Annuity Insurance Capital I)

Corporate Trustee Required; Eligibility. There shall at all times be one or more Trustees (and only one) Trustee hereunder with respect to the Securities of each series, at least one of which Notes. Each Trustee shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such such, and has a combined capital and surplus required by the Trust Indenture Actof at least $50.0 million. If any such Person publishes reports of condition at least annually, pursuant to law or to the requirements of a its supervising or examining authority, then for the purposes of this SectionSection and to the extent permitted by the Trust Indenture Act, the combined capital and surplus of such 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 with respect to the Notes 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 1 contract

Sources: Tenth Supplemental Indenture (Weatherford International PLC)

Corporate Trustee Required; Eligibility. There shall at all times be one or more Trustees a Trustee hereunder with respect to the Securities of each series, at least one of which shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such and has a combined capital and surplus required by the Trust Indenture Actof at least Fifty Million Dollars ($50,000,000). If any such Person publishes reports of condition at least annually, pursuant to law or to the requirements of a its supervising or examining authority, then for the purposes of this SectionSection 1109 and to the extent permitted by the Trust Indenture Act, the combined capital and surplus of such 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 with respect to the Securities of any series shall cease to be eligible in accordance with the provisions of this SectionSection 1109, it shall resign immediately in the manner and with the effect hereinafter specified in this ArticleArticle Eleven.

Appears in 1 contract

Sources: General Mortgage Indenture (Centerpoint Energy Houston Electric LLC)

Corporate Trustee Required; Eligibility. There shall at all times be one or more Trustees a Trustee hereunder with respect to which satisfies the Securities applicable requirements of each series, at least one Sections 310(a)(1) and (5) of which shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such and which, along with its Affiliates, has a combined capital and surplus required by the Trust Indenture Actof at least one hundred fifty million dollars ($150,000,000). If such Person the Trustee publishes reports of condition at least annually, pursuant to law Law or to the requirements of a supervising or examining authority, then for the purposes of this SectionSection 4.9, the combined capital and surplus of such Person 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 4.9, it shall resign immediately in the manner and with the effect hereinafter specified in this ArticleA rticle 4.

Appears in 1 contract

Sources: Contingent Value Rights Agreement

Corporate Trustee Required; Eligibility. There shall at all times be one or more Trustees a Trustee hereunder with respect to the Securities of each series, at least one of which shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such and has a combined capital and surplus required by the Trust Indenture Actof at least Fifty Million Dollars ($50,000,000). If any such Person publishes reports of condition at least annually, pursuant to law or to the requirements of a its supervising or examining authority, then for the purposes of this SectionSection 1009 and to the extent permitted by the Trust Indenture Act, the combined capital and surplus of such 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 with respect to the Securities of any series shall cease to be eligible in accordance with the provisions of this SectionSection 1009, it shall resign immediately in the manner and with the effect hereinafter specified in this ArticleArticle Ten.

Appears in 1 contract

Sources: First Mortgage Indenture (Centerpoint Energy Inc)

Corporate Trustee Required; Eligibility. There shall at all times be one or more Trustees a Trustee hereunder with respect to the Securities of each series, at least one of which shall be a Person that has, or is eligible pursuant to the Trust Indenture Act to act as such and has a wholly-owned subsidiary of a bank holding company that has, a combined capital and surplus required by of at least $50,000,000 and a Corporate Trust Office in the Trust Indenture ActUnited States. If such Person publishes reports of condition at least annually, pursuant to law or to the requirements of a federal or state supervising or examining authority, then for the purposes of this SectionSection 6.09, the combined capital and surplus of such 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 SectionSection 6.09, it shall resign immediately in the manner and with the effect hereinafter specified in this ArticleArticle VI.

Appears in 1 contract

Sources: Indenture (Herc Holdings Inc)

Corporate Trustee Required; Eligibility. There shall at all times be one or more Trustees a Trustee hereunder with respect to the Securities of each series, at least one of which shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such and has a combined capital and surplus required by the of at least $25,000,000 and its Corporate Trust Indenture ActOffice, or an office or agency thereof, in The City of New York. If such Person publishes reports of condition at least annually, pursuant to law or to the requirements of a said supervising or examining authority, then for the purposes of this Section, the combined capital and surplus of such 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 1 contract

Sources: Indenture (International Alliance Services Inc)

Corporate Trustee Required; Eligibility. There shall at all times be one or more Trustees a Trustee hereunder with respect to the Securities of each series, at least one of which shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such and has a combined capital and surplus required by of at least $50,000,000 and its Corporate Trust Office in the Trust Indenture Actcontinental United States. If such Person publishes reports of condition at least annually, pursuant to law or to the requirements of a 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 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 1 contract

Sources: Indenture (PSF Holdings LLC)

Corporate Trustee Required; Eligibility. There shall at all times be one or more Trustees a Trustee hereunder with respect to the Securities of each series, at least one of which shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such and has a combined capital and surplus required by of at least $50,000,000 and its Corporate Trust Office in the Trust Indenture ActBorough of Manhattan, The City of New York. If such Person publishes reports of condition at least annually, pursuant to law or to the requirements of a said supervising or examining authority, then for the purposes of this SectionSection , the combined capital and surplus of such 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 SectionSection , it shall resign immediately in the manner and with the effect hereinafter specified in this Article.

Appears in 1 contract

Sources: Indenture (Diamond Cable Communications PLC)

Corporate Trustee Required; Eligibility. There shall at all times be one or more Trustees a corporate Trustee hereunder which complies with respect to the Securities requirements of each series, at least one Section 310(a) of which shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such and has Act, having a combined capital and surplus required of at least $5,000,000, subject to supervision or examination by the Federal or State authority and having its Corporate Trust Indenture ActOffice in ____________________________. If such Person corporation publishes reports of condition at least annually, pursuant to law or to the requirements of a said supervising or examining authority, then for the purposes of this Section, Section the combined capital and surplus of such Person 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 1 contract

Sources: Senior Subordinated Indenture (Century Communications Corp)

Corporate Trustee Required; Eligibility. There shall at all times be one or more Trustees a Trustee hereunder with respect to the Securities of each series, at least which may be a Trustee hereunder for Securities of one of which or more other series. Each Trustee shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such and has a combined capital and surplus required by the Trust Indenture Actof at least $50,000,000. If any such Person publishes reports of condition at least annually, pursuant to law or to the requirements of a said supervising or examining authority, then for the purposes of this Section, the combined capital and surplus of such 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 with respect to the Securities of any series 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 1 contract

Sources: Indenture (Southwestern Public Service Co)

Corporate Trustee Required; Eligibility. There shall at all times be one or more Trustees a Trustee hereunder with respect to the Securities of each series, at least one of which shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such and has such. Each successor Trustee shall have a combined capital and surplus required by the Trust Indenture Actof at least $50,000,000. If such Person publishes reports of condition at least annually, pursuant to law or to the requirements of a supervising or examining authority, then for the purposes of this SectionSection 7.10, the combined capital and surplus of such Person shall be deemed to be its combined capital and surplus as set forth in its most more 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 hereinbefore specified in this ArticleArticle Seven.

Appears in 1 contract

Sources: Senior Debt Indenture (Hasbro Inc)

Corporate Trustee Required; Eligibility. There shall at all times be one or more Trustees a Trustee hereunder with respect to the Securities of each seriesSecurities, at least one of which shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such and has a combined capital and surplus required by the Trust Indenture Actof at least $50,000,000. If any such Person publishes reports of condition at least annually, pursuant to law or to the requirements of a its supervising or examining authority, then for the purposes of this SectionSection and to the extent permitted by the Trust Indenture Act, the combined capital and surplus of such 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 1 contract

Sources: Indenture (Houston Industries Inc)