Common use of Corporate Trustee Required; Eligibility Clause in Contracts

Corporate Trustee Required; Eligibility. 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 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 27 contracts

Samples: Indenture (SemGroup Corp), First Supplemental Indenture (Neurobiological Technologies Inc /Ca/), Indenture (Euronet Services Inc)

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Corporate Trustee Required; Eligibility. There shall be at all times a be one (and only one) Trustee hereunder which hereunder. The Trustee shall be a Person that is eligible pursuant to the TIA to act as Trustee under TIA Section 310(a)(1) such and shall have has a combined capital and surplus of at least $50,000,000. If any such corporation Person publishes reports of condition at least annually, pursuant to law or to the requirements of Federal, State, territorial or District of Columbia 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 corporation 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 19 contracts

Samples: Indenture (Great North Imports, LLC), Indenture (VWR Funding, Inc.), Indenture (Unistrut International Holdings, LLC)

Corporate Trustee Required; Eligibility. 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 a combined capital and surplus 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 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 18 contracts

Samples: Indenture (Medallion Financial Corp), Indenture (Medallion Financial Corp), Indenture (TCP Capital Corp.)

Corporate Trustee Required; Eligibility. 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 a combined capital and surplus of at least $50,000,000. If such corporation 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 5.7, 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 17 contracts

Samples: Indenture (Xto Energy Inc), Indenture (Xto Energy Inc), Indenture (Comstock Resources Inc)

Corporate Trustee Required; Eligibility. There shall be at all times a be one (and only one) Trustee hereunder which hereunder. The Trustee shall be a Person that is eligible pursuant to the TIA to act as Trustee under TIA Section 310(a)(1) such and shall have has a combined capital and surplus of at least $50,000,000. If any such corporation Person publishes reports of condition at least annually, pursuant to law or to the requirements of Federal, State, territorial or District of Columbia 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 corporation 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 16 contracts

Samples: Supplemental Indenture (Graphic Packaging International, LLC), Fifth Supplemental Indenture (Graphic Packaging International, LLC), Indenture (Sally Beauty Holdings, Inc.)

Corporate Trustee Required; Eligibility. There shall be at all times be a Trustee hereunder which shall be a Person that is eligible pursuant to the Trust Indenture Act to act as Trustee under TIA Section 310(a)(1) such and shall have has a combined capital and surplus of at least $50,000,000. If such corporation Person publishes reports of condition at least annually, pursuant to law or to the requirements of Federal, State, territorial any federal or District of Columbia state supervising or examining authority, then for the purposes of this Section, the combined capital and surplus of such corporation 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

Samples: Indenture (Syngenta Ag), Indenture (Syngenta Finance N.V.), Indenture (Monsanto Finance Canada Co.)

Corporate Trustee Required; Eligibility. 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 a combined capital and surplus of at least $50,000,000. If such corporation 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 6.7, 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 14 contracts

Samples: Fourth Supplemental Indenture (Comstock Oil & Gas GP, LLC), Third Supplemental Indenture (Comstock Oil & Gas GP, LLC), Indenture (KCS Medallion Resources Inc)

Corporate Trustee Required; Eligibility. 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 of at least $50,000,000. If such corporation publishes reports of condition at least annually, pursuant to law or to the requirements of Federalfederal, State, territorial or District of Columbia supervising or examining authority, then for the purposes of this SectionSection 6.08, 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 6.08, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.

Appears in 14 contracts

Samples: Indenture (Mr. Cooper Group Inc.), Indenture (PennyMac Financial Services, Inc.), Indenture (Mr. Cooper Group Inc.)

Corporate Trustee Required; Eligibility. There shall be at all times be a Trustee hereunder which that shall be eligible to act as Trustee under TIA Section 310(a)(1) and shall have a combined capital and surplus 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 Territorial or the District of Columbia supervising or examining authority, then for the purposes of this SectionSection 6.07, 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 6.07, it shall resign immediately in the manner and with the effect hereinafter specified in this ArticleArticle VI.

Appears in 10 contracts

Samples: Indenture (North Haven Private Income Fund LLC), Indenture (Apollo Debt Solutions BDC), Indenture (HPS Corporate Lending Fund)

Corporate Trustee Required; Eligibility. 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) of at least $50,000,000. If such corporation 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 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 10 contracts

Samples: Indenture (Ovintiv Inc.), Indenture (Ovintiv Inc.), Indenture (Encana Corp)

Corporate Trustee Required; Eligibility. There shall be at all times a Trustee hereunder which shall be eligible to act as Trustee under TIA Section 310(a)(1) of the Trust Indenture Act and shall have a combined capital and surplus of at least $US$50,000,000. If such corporation publishes reports of condition at least annually, pursuant to law or to the requirements of Federalthe United States federal, Statestate, 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 9 contracts

Samples: Indenture (A I M Management Group Inc /De/), Indenture (A I M Management Group Inc /De/), Indenture (Amvescap PLC/London/)

Corporate Trustee Required; Eligibility. There shall be at all times be a Trustee hereunder which that shall be eligible to act as Trustee under TIA Section 310(a)(1) and shall have a combined capital and surplus 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 Territorial or the 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 (Terra Property Trust, Inc.), Indenture (CM Finance Inc), Indenture (FIDUS INVESTMENT Corp)

Corporate Trustee Required; Eligibility. There shall be at all times a Trustee hereunder which shall be eligible to act as Trustee under TIA Section Sections 310(a)(1), (2) and (5) and shall have a combined capital and surplus 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 7 contracts

Samples: Indenture (Clearwire Corp /DE), Note Purchase Agreement (Clearwire Corp /DE), Note Purchase Agreement (Sprint Nextel Corp)

Corporate Trustee Required; Eligibility. 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 a combined capital and surplus 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 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. The Company may not, nor may any Person directly or indirectly controlling, controlled by or under common control with the Company 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 7 contracts

Samples: Indenture (FedNat Holding Co), Indenture (FEDNAT HOLDING Co), Indenture (FEDNAT HOLDING Co)

Corporate Trustee Required; Eligibility. There shall be at all times a be one (and only one) Trustee hereunder which hereunder. The Trustee shall be a Person that is eligible pursuant to the TIA to act as Trustee under TIA Section 310(a)(1) such and shall have has a combined capital and surplus of at least $50,000,00050.0 million. If any such corporation Person publishes reports of condition at least annually, pursuant to law or to the requirements of Federal, State, territorial or District of Columbia 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 corporation 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 ArticleArticle VII.

Appears in 6 contracts

Samples: Indenture (Hertz Corp), Indenture (Xerox Corp), Indenture (Ambac Financial Group Inc)

Corporate Trustee Required; Eligibility. There shall be at all times be a Trustee hereunder which shall be eligible to act as Trustee under TIA Section Trust Indenture Act Sections 310(a)(1) and (2) and which shall have a combined capital and surplus of at least $50,000,000. If such corporation publishes reports of condition at least annually, pursuant to law or to the requirements of any Federal, Statestate, 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 the Trustee shall resign immediately in the manner and with the effect hereinafter specified in this Article.

Appears in 6 contracts

Samples: Indenture (RCN Corp /De/), Indenture (Spincycle Inc), Indenture (Spincycle Inc)

Corporate Trustee Required; Eligibility. 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 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 6 contracts

Samples: Indenture (Aircastle LTD), Indenture (Aircastle LTD), Indenture (Aircastle LTD)

Corporate Trustee Required; Eligibility. There shall be at all times be a Trustee hereunder which that shall be eligible to act as Trustee under TIA Section 310(a)(1) an indenture qualified under the Trust Indenture Act and shall have that has a combined capital and surplus of at least $50,000,000. If such corporation 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 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 ArticleArticle VI.

Appears in 6 contracts

Samples: Forward Contract and Indenture (Targets Trusts Vi), Forward Contract and Indenture (Targets Trusts Vi), Forward Contract and Indenture (Targets Trust Xvii)

Corporate Trustee Required; Eligibility. 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 of at least $50,000,000. If such corporation publishes reports of condition at least annually, pursuant to law or to the requirements of Federalfederal, 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 5 contracts

Samples: Indenture (Ww International, Inc.), Indenture (BWX Technologies, Inc.), Indenture (Weight Watchers International Inc)

Corporate Trustee Required; Eligibility. There shall be at all times a Trustee hereunder which shall be eligible to act as Trustee under TIA Section Sections 310(a)(1), (2) and (5) and shall have a combined capital and surplus of at least $50,000,000150,000,000. 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 5 contracts

Samples: Indenture (Aircastle LTD), Indenture (Aircastle LTD), Indenture (Sealy Corp)

Corporate Trustee Required; Eligibility. 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 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 ArticleArticle Six.

Appears in 5 contracts

Samples: Indenture (HomeStreet, Inc.), Indenture (Kaiser Aluminum Corp), Indenture (Kaiser Aluminum Corp)

Corporate Trustee Required; Eligibility. 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 a combined capital and surplus of at least $50,000,000. If such corporation 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 7.07, 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 ArticleArticle 7.

Appears in 4 contracts

Samples: Indenture (Comstock Oil & Gas, LP), Indenture (Comstock Oil & Gas, LP), Indenture (Comstock Oil & Gas, LP)

Corporate Trustee Required; Eligibility. There shall be at all times a Trustee hereunder which shall be eligible to act as Trustee under TIA Section 310(a)(1) and (5) and shall have a combined capital and surplus 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 ArticleArticle Six.

Appears in 4 contracts

Samples: Indenture (Ellington Financial Inc.), Indenture (New York Mortgage Trust Inc), Indenture (Ellington Financial LLC)

Corporate Trustee Required; Eligibility. There shall be at all times a be one (and only one) Trustee hereunder which hereunder. The Trustee shall be a Person that is eligible pursuant to the TIA to act as Trustee under TIA Section 310(a)(1) such and shall have has a combined capital and surplus of at least $50,000,000. If any such corporation Person publishes reports of condition at least annually, pursuant to law or to the requirements of Federal, State, territorial or District of Columbia 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 corporation 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 ArticleArticle VII.

Appears in 4 contracts

Samples: Ninth Supplemental Indenture (Graphic Packaging Holding Co), Eighth Supplemental Indenture (Graphic Packaging Holding Co), Seventh Supplemental Indenture (Graphic Packaging Holding Co)

Corporate Trustee Required; Eligibility. 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 of at least $50,000,00050 million. If such corporation 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 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 SectionSection 607, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.

Appears in 4 contracts

Samples: Indenture (Startec Global Communications Corp), Indenture (World Access Inc /New/), Indenture (Facilicom International Inc)

Corporate Trustee Required; Eligibility. There shall be at all times be a Trustee hereunder which that shall be eligible to act as Trustee under TIA Section 310(a)(1) and shall have a combined capital and surplus of at least $50,000,000. If such corporation publishes reports of condition at least annually, pursuant to law or to the requirements of Federalfederal, Statestate, territorial or the 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 4 contracts

Samples: Indenture (Garrison Capital Inc.), Indenture (Horizon Technology Finance Corp), Indenture (THL Credit, Inc.)

Corporate Trustee Required; Eligibility. There shall be at all times a Trustee hereunder which shall be eligible to act as Trustee under TIA Section 310(a)(1) and Section 310(a)(5) and shall have a combined capital and surplus of at least $50,000,000. If such corporation publishes reports of condition at least annually, pursuant to law or to the requirements of Federalfederal, 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 4 contracts

Samples: Indenture (Entegris Inc), Indenture (Entegris Inc), Indenture (Entegris Inc)

Corporate Trustee Required; Eligibility. There shall be at all times be a Trustee hereunder which shall be a corporation that is eligible pursuant to the Trust Indenture Act to act as Trustee under TIA Section 310(a)(1) such and shall have has a combined capital and surplus of at least $50,000,00015 million. 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 a 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 4 contracts

Samples: Contingent Value Rights Agreement (Hewlett Packard Erste Vermogensverw U Beteiligungsges MBH), Contingent Value Rights Agreement (Hewlett Packard Co), Contingent Payment Rights Agreement (Somatogen Inc)

Corporate Trustee Required; Eligibility. There shall be at all times be a Trustee hereunder which shall be eligible to act as Trustee under TIA Section 310(a)(1) ), has its Corporate Trust Office in the United States and shall have a combined capital and surplus of at least $50,000,00075,000,000. If such corporation 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 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: Indenture (Qimonda Finance LLC), Indenture (Qimonda Finance LLC), Indenture (Qimonda Finance LLC)

Corporate Trustee Required; Eligibility. 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 of at least $US$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: Indenture (Telesat Canada), Senior Indenture (Infosat Communications LP), Senior Subordinated Indenture (Infosat Communications LP)

Corporate Trustee Required; Eligibility. 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 a combined capital and surplus of at least $50,000,00050 million. If such corporation 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 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: Indenture (Fleming Companies Inc /Ok/), Indenture (Fleming Companies Inc /Ok/), Indenture (Fleming Companies Inc /Ok/)

Corporate Trustee Required; Eligibility. 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 of at least $50,000,000. If such corporation 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 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: Indenture (Pathnet Inc), Indenture (Shop at Home Inc /Tn/), Indenture (Ascent Entertainment Group Inc)

Corporate Trustee Required; Eligibility. There shall be at all times be a Trustee hereunder which shall be a Person that is eligible pursuant to the Trust Indenture Act to act as Trustee under TIA Section 310(a)(1) such and shall have has a combined capital and surplus of at least $50,000,000. If such corporation Person publishes reports of condition at least annually, pursuant to law or to the requirements of Federal, State, territorial or District of Columbia said supervising or examining authority, then for the purposes of this Section, the combined capital and surplus of such corporation 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 34 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 (Fleetwood Capital Trust Iii), Indenture (Fleetwood Enterprises Inc/De/), Indenture (Fleetwood Enterprises Inc/De/)

Corporate Trustee Required; Eligibility. There shall be at all times be a Trustee hereunder which shall be a Person eligible pursuant to the Trust Indenture Act to act as Trustee under TIA Section 310(a)(1) such and shall have a combined capital and surplus of at least $50,000,000. If any such corporation Person publishes reports of condition at least annually, pursuant to law or to the requirements of Federal, State, territorial or District of Columbia 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 corporation 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 3 contracts

Samples: Indenture (Capstone Capital Corp), Indenture (Healthcare Realty Trust Inc), Indenture (Capstone Capital Corp)

Corporate Trustee Required; Eligibility. 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 a combined capital and surplus of at least $50,000,00050.0 million. If such corporation 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 7.07, 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 ArticleArticle 7.

Appears in 3 contracts

Samples: Supplemental Indenture, Indenture, Indenture

Corporate Trustee Required; Eligibility. There shall be at all times a Trustee hereunder which that shall be eligible to act as Trustee under TIA Section 310(a)(1) and 310(a)(5) and shall have a combined capital and surplus 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: Indenture (Teligent Inc), Indenture (Teligent Inc), Indenture (Teligent Inc)

Corporate Trustee Required; Eligibility. There shall be at all times be a Trustee hereunder which shall be a Person which is eligible pursuant to the Trust Indenture Act to act as Trustee under TIA Section 310(a)(1) such and shall have has a combined capital and surplus of at least $50,000,000. If such corporation Person publishes reports of condition at least annually, pursuant to law or to the requirements of Federal, State, territorial or District of Columbia said 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 corporation 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 ArticleArticle VI.

Appears in 3 contracts

Samples: Indenture (St Paul Companies Inc /Mn/), Indenture (St Paul Companies Inc /Mn/), Indenture (St Paul Companies Inc /Mn/)

Corporate Trustee Required; Eligibility. There shall be at all times a be one (and only one) Trustee hereunder which hereunder. The Trustee shall be a Person that is eligible pursuant to the TIA to act as Trustee under TIA Section 310(a)(1) such and shall have has a combined capital and surplus of at least $50,000,00050.0 million. If any such corporation Person publishes reports of condition at least annually, pursuant to law or to the requirements of Federal, State, territorial or District of Columbia 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 corporation 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 3 contracts

Samples: Indenture (Hd Supply, Inc.), Indenture (Hd Supply, Inc.), Indenture (Emergency Medical Services CORP)

Corporate Trustee Required; Eligibility. 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 a combined capital and surplus of at least $50,000,000. If such corporation Trustee or Person 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 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 (Unumprovident Financing Trust Iii), Indenture (Union Planters Corp), Indenture (Unumprovident Financing Trust Iii)

Corporate Trustee Required; Eligibility. There shall be at all times be a Trustee hereunder which shall be a Person that is eligible pursuant to the Trust Indenture Act to act as Trustee under TIA Section 310(a)(1) such and shall have has a combined capital and surplus of at least $50,000,000. If such corporation Person publishes reports of condition at least annually, pursuant to law or to the requirements of Federal, State, territorial or District of Columbia said supervising or examining authority, then for the purposes of this Section, Section the combined capital and surplus of such corporation 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 (Surety Capital Corp /De/), Indenture (Bank United Corp), Indenture (Bank United Corp)

Corporate Trustee Required; Eligibility. There shall be at all times be a Trustee hereunder which shall be eligible to act as Trustee under TIA Section satisfies the applicable requirements of Sections 310(a)(1) and shall have (5) of the Trust Indenture Act and has a combined capital and surplus of at least one hundred fifty million dollars ($50,000,000150,000,000). If such corporation publishes reports of condition at least annually, pursuant to law Law or to the requirements of Federal, State, territorial or District of Columbia a supervising or examining authority, then for the purposes of this SectionSection 4.9, 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: Contingent Value Rights Agreement (Celgene Corp /De/), Contingent Value Rights Agreement (Abraxis BioScience, Inc.), Contingent Value Rights Agreement (Celgene Corp /De/)

Corporate Trustee Required; Eligibility. 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 a combined capital and surplus 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: Indenture (Pacific Telesis Financing Iii), Indenture (Newell Co), Debt Securities Indenture (Pacific Telesis Financing Iii)

Corporate Trustee Required; Eligibility. There shall be at all times be a Trustee hereunder which shall be eligible to act as a Trustee under TIA Section 310(a)(1) and shall have a combined capital and surplus of at least $50,000,000U.S.$50 million. 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 (Tembec Industries Inc), Indenture (Tembec Industries Inc)

Corporate Trustee Required; Eligibility. 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) 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 (Suncor Energy Inc), Indenture (Suncor Energy Inc)

Corporate Trustee Required; Eligibility. 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 a combined capital and surplus of at least $50,000,000. If such corporation 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 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 (Viacom Inc), Indenture (Viacom International Inc /De/)

Corporate Trustee Required; Eligibility. The Trustee shall comply with the terms of Section 310(b) of the TIA. There shall be at all times a Trustee hereunder which that 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 Federalfederal, Statestate, 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 (Four Seasons Hotels Inc), Indenture (Four Seasons Hotels Inc)

Corporate Trustee Required; Eligibility. 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 its parent) of at least $US$50,000,000. If such corporation publishes reports of condition at least annually, pursuant to law or to the requirements of FederalUnited States federal, Statestate, 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 (Baytex Energy LTD), Indenture (Baytex Energy LTD)

Corporate Trustee Required; Eligibility. There shall be at all times a Trustee hereunder which shall be eligible to act as Trustee under TIA Section 310(a)(1) and ). Each successor Trustee shall have a combined capital and surplus 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 (Extendicare Health Services Inc), Indenture (Afa Products Inc)

Corporate Trustee Required; Eligibility. There shall be at all times a Trustee hereunder which shall be eligible to act as Trustee under TIA Section 310(a)(1) ). The Trustee together with its parent on a consolidated basis shall have a combined capital and surplus of at least $50,000,000 and each successor Trustee shall have a combined capital and surplus 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 (Safety Kleen Corp/), Indenture (Laidlaw Environmental Services Inc)

Corporate Trustee Required; Eligibility. There shall be at all times a Trustee hereunder which shall be eligible to act as Trustee under TIA Section 310(a)(1) of the Trust Indenture Act and shall have a combined capital and surplus 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 (Transalta Corp), Indenture (Transalta Corp)

Corporate Trustee Required; Eligibility. There shall be at all times a be one (and only one) Trustee hereunder which hereunder. The Trustee shall be a Person that is eligible pursuant to the TIA to act as Trustee under TIA Section 310(a)(1) such and shall have has a combined capital and surplus of at least $50,000,00050.0 million. If any such corporation Person publishes reports of condition at least annually, pursuant to law or to the requirements of Federal, State, territorial or District of Columbia 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 corporation 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 ArticleArticle 7.

Appears in 2 contracts

Samples: Indenture (Tenneco Inc), Indenture (Tenneco Inc)

Corporate Trustee Required; Eligibility. There shall be at all times be a Trustee hereunder which that shall be eligible to act as Trustee under TIA Section 310(a)(1) and shall have a combined capital and surplus 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 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 (Sixth Street Specialty Lending, Inc.), Indenture (Carlyle Secured Lending, Inc.)

Corporate Trustee Required; Eligibility. 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 a combined capital and surplus of at least $50,000,000500.0 million. If such corporation 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 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 ArticleArticle Six.

Appears in 2 contracts

Samples: Indenture (St Charles Gaming Co Inc), Indenture (Grand Palais Riverboat Inc)

Corporate Trustee Required; Eligibility. There shall be at all times be a Trustee hereunder which that shall be eligible to act as Trustee under TIA Section 310(a)(1) and shall have a combined capital and surplus 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 Territorial or the 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 2 contracts

Samples: Indenture (Suro Capital Corp.), Loan and Security Agreement (GSV Capital Corp.)

Corporate Trustee Required; Eligibility. There shall be at all times a Trustee hereunder which shall be eligible to act as Trustee under TIA Section Sections 310(a)(1), (2) and (5) and shall have a combined capital and surplus of at least $50,000,000. If such corporation 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 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 promptly resign immediately in the manner and with the effect hereinafter specified in this Article.

Appears in 2 contracts

Samples: Indenture (TRAC Intermodal LLC), Indenture (Forida East Coast Railway L.L.C.)

Corporate Trustee Required; Eligibility. 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 a combined capital and surplus 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 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 Except as otherwise provided in Section 614, 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 (Mindspring Enterprises Inc), Indenture (Mindspring Enterprises Inc)

Corporate Trustee Required; Eligibility. (a) 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 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 (Hub International LTD), Indenture (Hub International LTD)

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Corporate Trustee Required; Eligibility. There shall be at all times be a Trustee hereunder which shall be eligible qualified to act as Trustee under TIA Section 310(a)(1) and shall have a combined capital and surplus of at least $50,000,000. If such corporation publishes reports of condition at least annually, pursuant to law or to the requirements of Federalany federal, Statestate, 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: Subordinated Note Indenture (Avnet Inc), Senior Note Indenture (Avnet Inc)

Corporate Trustee Required; Eligibility. There shall be at all times be a Trustee hereunder which shall be eligible to act as a Trustee under TIA Section 310(a)(1) and shall have a combined capital and surplus of at least $50,000,000U.S.$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 1 contract

Samples: Indenture (Tembec Industries Inc)

Corporate Trustee Required; Eligibility. There shall be at all times a Trustee hereunder which shall be eligible to act as Trustee under TIA Section 310(a)(13.10(a)(1) and shall have a combined capital and surplus of at least $50,000,000. If such corporation 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 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 ArticleArticle Six.

Appears in 1 contract

Samples: Indenture (Winnebago Industries Inc)

Corporate Trustee Required; Eligibility. There shall be at all times a Trustee hereunder which shall be eligible to act as Trustee under TIA Section 310(a)(1) and which shall have a combined capital and surplus of at least $50,000,000. If such corporation 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 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 ArticleArticle Six.

Appears in 1 contract

Samples: Indenture (East Coast Power LLC)

Corporate Trustee Required; Eligibility. 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 of at least $50,000,00050 million. If such corporation 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 Section, the combined capital and 59 53 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 Article.

Appears in 1 contract

Samples: Indenture (World Access Inc /New/)

Corporate Trustee Required; Eligibility. 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 a combined capital and surplus of at least $50,000,000. If such corporation 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 5.7, 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 70 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

Samples: Indenture (Pogo Producing Co)

Corporate Trustee Required; Eligibility. 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 of at least $50,000,00050.0 million. If such corporation 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 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 1 contract

Samples: Indenture (Valujet Inc)

Corporate Trustee Required; Eligibility. There shall be at all times a Trustee hereunder which shall be eligible to act as Trustee under TIA Section 310(a)(1) and Section 310(a)(5) and shall have a combined capital and surplus of at least $50,000,000. If such corporation or national association publishes reports of condition at least annually, pursuant to law or to the requirements of Federalfederal, 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 1 contract

Samples: Indenture (On Semiconductor Corp)

Corporate Trustee Required; Eligibility. 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 of at least $50,000,000500,000,000. 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 1 contract

Samples: Indenture (Us Industries Inc /De)

Corporate Trustee Required; Eligibility. There shall be at all times be a Trustee hereunder which shall be eligible to act as Trustee under TIA a corporation which satisfies the requirements of Section 310(a)(13.10(a) of the Trust Indenture Act and shall have which has a combined capital and surplus of at least not less than $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 a 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 1 contract

Samples: Indenture (Roper Industries Inc /De/)

Corporate Trustee Required; Eligibility. 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 a combined capital and surplus of at least $50,000,000. If such corporation publishes reports of condition at least annually, pursuant to law or to the requirements of Federalxx xxxxxxx, Statexxxxx, territorial or xxxxxxxxxxx xx District of Columbia supervising or examining authority, then for the purposes of this SectionSection 6.7, 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 1 contract

Samples: Indenture (Veritas DGC Inc)

Corporate Trustee Required; Eligibility. There The Trustee shall be at all times a Trustee hereunder which shall be eligible to act as Trustee under satisfy the eligibility requirements of Section 310 of the TIA Section 310(a)(1) and shall have together with its immediate parent maintain a combined capital and surplus of at least $50,000,000. If such corporation the Trustee together with its immediate parent publishes reports a report of condition at least annually, pursuant to law or pursuant to the requirements of any Federal, State, territorial territorial, or District of Columbia supervising or examining authorityauthority to which the Trustee is subject, then then, for the purposes of this Sectionsection, 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 with respect to any series of Securities shall cease to be eligible in accordance with the provisions provi sions of this SectionSection , it shall resign immediately in the manner and with the effect hereinafter specified in this Article.

Appears in 1 contract

Samples: Indenture (Xerox Corp)

Corporate Trustee Required; Eligibility. 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 of at least $50,000,000. If such corporation publishes 45 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 SectionSection 607, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.

Appears in 1 contract

Samples: Indenture (Primus Telecommunications Group Inc)

Corporate Trustee Required; Eligibility. 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 (2) and shall have a combined capital and surplus 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, Statestate, 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 1 contract

Samples: Indenture (Convergent Communications Inc /Co)

Corporate Trustee Required; Eligibility. There shall be at all times a 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 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 608, 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 608, it shall resign immediately in the manner and with the effect hereinafter specified in this ArticleArticle Six.

Appears in 1 contract

Samples: Indenture (Aleris Corp)

Corporate Trustee Required; Eligibility. 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 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 SectionSection 6.07, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.

Appears in 1 contract

Samples: Indenture (Primus Telecommunications Group Inc)

Corporate Trustee Required; Eligibility. (a) 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 of at least $50,000,000. If such corporation publishes reports of condition at least annually, pursuant to law or to the requirements of U.S. 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 1 contract

Samples: Indenture (Sasol Financing USA LLC)

Corporate Trustee Required; Eligibility. There shall be will at all times be a Trustee hereunder which shall will be eligible to act as Trustee Trustee, under TIA Section 310(a)(1) and shall will have a combined capital and surplus of at least $50,000,00010,000,000 in the case of the initial Trustee hereunder and $50,000,000 in the case of any successor Trustee. If such corporation 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 6.7, the combined capital and surplus of such corporation shall will 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 will cease to be eligible in accordance with the provisions of this Section, it shall will resign immediately in the manner and with which the effect hereinafter specified in this ArticleArticle 6.

Appears in 1 contract

Samples: Indenture (Mission Resources Corp)

Corporate Trustee Required; Eligibility. There shall be at all times a Trustee hereunder which shall be eligible to act as Trustee under TIA Section 310(a)(1310(a)(l) and shall have a combined capital and surplus (together with that of its parent) of at least $50,000,000. If such corporation 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 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 1 contract

Samples: Indenture (Encana Corp)

Corporate Trustee Required; Eligibility. There shall be at all times a be one (and only one) Trustee hereunder which hereunder. The Trustee shall be a Person that is eligible pursuant to the TIA to act as Trustee under TIA Section 310(a)(1) such and shall have has a combined capital and surplus of at least $50,000,000. If any such corporation Person publishes reports of condition at least annually, pursuant to law or to the requirements of Federal, State, territorial or District of Columbia its supervising or examining authority, then for the purposes of this SectionSection and to the extent permitted by the TIA, the combined capital capi- tal and surplus of such corporation 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

Samples: Indenture (Consolidated Communications Texas Holdings, Inc.)

Corporate Trustee Required; Eligibility. There The Trustee shall be at all times be a Trustee hereunder which shall be Person organized and doing business under the laws of the United States or any State or the District of Columbia eligible to act as Trustee under TIA Section 310(a)(1) and shall have a combined capital and surplus of at least $US$50,000,000. If such corporation Person publishes reports of condition at least annually, pursuant to law or to the requirements of Federal, State, territorial or District of Columbia the aforesaid supervising or examining authority, then for the purposes of this Section, the combined capital and surplus of such corporation 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

Samples: Indenture (Southern Peru LTD)

Corporate Trustee Required; Eligibility. There shall be at all times a Trustee hereunder which shall be eligible to act as Trustee under TIA Section 310(a)(13.10(a)(1) and (5) and shall have a combined capital and surplus 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 ArticleArticle VI.

Appears in 1 contract

Samples: Indenture (Great Ajax Corp.)

Corporate Trustee Required; Eligibility. 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 of at least $US$50,000,000. If such corporation publishes reports of condition at least annually, pursuant to law or to the requirements of Federalfederal, State, 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 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 (Telesat Holdings Inc.)

Corporate Trustee Required; Eligibility. 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 a combined capital and surplus 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 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 1 contract

Samples: Indenture (Level 3 Communications Inc)

Corporate Trustee Required; Eligibility. 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 a combined capital and surplus of at least $50,000,00050.0 million. If such corporation 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 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 promptly in the manner and with the effect hereinafter specified in this Article.

Appears in 1 contract

Samples: Indenture (United Stationers Supply Co)

Corporate Trustee Required; Eligibility. 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 a combined capital and surplus of at least $50,000,000. If such corporation publishes reports of condition at least annually, pursuant to law or to the requirements of Federalxxxxxxx, Statexxxxx, territorial xxxxxxxxxxx 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 1 contract

Samples: Indenture (Applied Extrusion Technologies Inc /De)

Corporate Trustee Required; Eligibility. 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 a combined capital and surplus 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 Territorial or the 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 1 contract

Samples: Indenture (PennantPark Floating Rate Capital Ltd.)

Corporate Trustee Required; Eligibility. There shall be at all times a Trustee hereunder which shall be eligible to act as Trustee under TIA Section 310(a)(1310(a)(i) and shall have a combined capital and surplus 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 1 contract

Samples: Restructuring Agreement (Upc Polska Inc)

Corporate Trustee Required; Eligibility. There shall be at all --------------------------------------- times be a Trustee hereunder which shall be eligible to act as Trustee under TIA Section 310(a)(1310(a) and shall have a combined capital and surplus of at least $50,000,000. If such corporation publishes reports of condition at least annually, pursuant to law or to the requirements of any 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 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

Samples: Indenture (Frontier Corp /Ny/)

Corporate Trustee Required; Eligibility. There shall be at all times a Trustee hereunder which shall be eligible to act as Trustee under TIA Section 310(a)(1310(a) and the Argentine Negotiable Obligations Law Section 13 and shall have a combined capital and surplus of at least $US$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 1 contract

Samples: Indenture (Leitesol Industry & Commerce Inc.)

Corporate Trustee Required; Eligibility. 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 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 , 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 , it shall resign immediately in the manner and with the effect hereinafter specified in this Article.

Appears in 1 contract

Samples: Indenture (Borg Warner Automotive Inc)

Corporate Trustee Required; Eligibility. 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 of at least $50,000,000US$50,000,000 and has its Corporate Trust Office in the City of New York. 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 and to the extent permitted by the Trust Indenture Act, the combined capital and 61 54 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 1 contract

Samples: Indenture (China Mobile Hong Kong LTD)

Corporate Trustee Required; Eligibility. (i) 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) 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 1 contract

Samples: Indenture (Encana Corp)

Corporate Trustee Required; Eligibility. There shall be at all times a Trustee hereunder which shall be eligible to act as Trustee under TIA Section 310(a)(1) ), and which shall have a combined capital and surplus of at least $50,000,000. If such corporation 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 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 (Alliance HealthCare Services, Inc)

Corporate Trustee Required; Eligibility. There shall be at all times a Trustee hereunder which shall be eligible to act as Trustee under TIA Section 310(a)(1) ). The Trustee and each successor Trustee shall have (or its corporate parent shall have) a combined capital and surplus 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 1 contract

Samples: Indenture (Insight Health Services Corp)

Corporate Trustee Required; Eligibility. There shall be at all times be a Trustee hereunder which that shall be eligible to act as Trustee under TIA Section 310(a)(1) and shall have a combined capital and surplus 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 the District of Columbia supervising or examining authority, then for the purposes of this Section, the combined capital and surplus of such corporation Trustee shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this Section, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.

Appears in 1 contract

Samples: Indenture (Ares Capital Corp)

Corporate Trustee Required; Eligibility. 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 of at least $50,000,000. If such corporation publishes 44 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 SectionSection 607, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.

Appears in 1 contract

Samples: Indenture (Primus Telecommunications Group Inc)

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