Corporate Trustee Required; Eligibility. There shall at all times be one or more Trustees hereunder with respect to the Securities of each series, at least one of which shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such and has a combined capital and surplus required by the Trust Indenture Act. If such Person publishes reports of condition at least annually, pursuant to law or to the requirements of a supervising or examining authority, then for the purposes of this Section, the combined capital and surplus of such Person shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this Section, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.
Appears in 54 contracts
Samples: Indenture (Financial Institutions Inc), Indenture (Financial Institutions Inc), Central Valley Community (Central Valley Community Bancorp)
Corporate Trustee Required; Eligibility. There shall at all times be one or more Trustees hereunder with respect to the Securities of each series, at least one of a Trustee under this Indenture which shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such and has a combined capital and surplus required by the Trust Indenture Actof at least $50,000,000. If such Person publishes reports of condition at least annually, pursuant to law or to the requirements of a its supervising or examining authority, then for the purposes of this SectionSection (and to the extent permitted by the Trust Indenture Act), the combined capital and surplus of such Person shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this Section, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.
Appears in 48 contracts
Samples: Indenture (Valley National Bancorp), Indenture (Valley National Bancorp), Indenture (Imperial Petroleum Inc./Marshall Islands)
Corporate Trustee Required; Eligibility. There shall at all times be one or more Trustees hereunder with respect to the Securities of each series, at least one of which (and only one) Trustee hereunder. The Trustee shall be a Person that is eligible pursuant to the Trust Indenture Act TIA to act as such and has a combined capital and surplus required by the Trust Indenture Actof at least $50.0 million. If any such Person publishes reports of condition at least annually, pursuant to law or to the requirements of a its supervising or examining authority, then for the purposes of this SectionSection 709 and to the extent permitted by the TIA, the combined capital and surplus of such Person shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this SectionSection 709, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.
Appears in 33 contracts
Samples: Supplemental Indenture (US Foods Holding Corp.), Supplemental Indenture (US Foods Holding Corp.), Indenture (Victoria's Secret & Co.)
Corporate Trustee Required; Eligibility. There shall at all times be one or more Trustees hereunder with respect to the Securities of each series, at least one of which (and only one) Trustee hereunder. The Trustee shall be a Person that is eligible pursuant to the Trust Indenture Act TIA to act as such and has a combined capital and surplus required by the Trust Indenture Actof at least $50,000,000. If any such Person publishes reports of condition at least annually, pursuant to law or to the requirements of a its supervising or examining authority, then for the purposes of this SectionSection and to the extent permitted by the TIA, the combined capital and surplus of such Person shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this SectionSection 709, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.
Appears in 19 contracts
Samples: Intercreditor Agreement (Unistrut International Holdings, LLC), Indenture (Unistrut International Holdings, LLC), Indenture (Hertz Corp)
Corporate Trustee Required; Eligibility. There shall at all times be one or more Trustees a Trustee hereunder with respect to the Securities of each series, at least one of which shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such and has has, or whose parent banking company has, a combined capital and surplus required by the Trust Indenture Actof at least $50,000,000. If such Person publishes reports of condition at least annually, pursuant to law or to the requirements of a said supervising or examining authority, then for the purposes of this SectionSection 7.09, the combined capital and surplus of such Person shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this SectionSection 7.09, it shall resign immediately in the manner and with the effect hereinafter specified in this ArticleArticle 7.
Appears in 16 contracts
Samples: Indenture (Cisco Systems, Inc.), Indenture (Cisco Systems, Inc.), Indenture (Cisco Systems Inc)
Corporate Trustee Required; Eligibility. There shall at all times be one or more Trustees a Trustee hereunder with respect to the Securities of each series, at least one of which shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such and has has, or whose parent banking company has, a combined capital and surplus required by the Trust Indenture Actof at least $50,000,000. If such Person publishes reports of condition at least annually, pursuant to law or to the requirements of a said supervising or examining authority, then for the purposes of this SectionSection 6.09, the combined capital and surplus of such Person shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this SectionSection 6.09, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.
Appears in 15 contracts
Samples: Indenture (Oscient Pharmaceuticals Corp), Indenture (Affymetrix Inc), Indenture (Oscient Pharmaceuticals Corp)
Corporate Trustee Required; Eligibility. (a) There shall at all times be one or more Trustees hereunder with respect to the Securities of each series, at least one of which (and only one) Trustee hereunder. The Trustee shall be a Person that is eligible pursuant to the Trust Indenture Act TIA to act as such and has a combined capital and surplus required by the Trust Indenture Actof at least $100,000,000. If any such Person publishes reports of condition at least annually, pursuant to law or to the requirements of a its supervising or examining authority, then for the purposes of this SectionSection 7.10 and to the extent permitted by the TIA, the combined capital and surplus of such Person shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this SectionSection 7.10, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.
Appears in 14 contracts
Samples: Supplemental Indenture (Lyondell Chemical Co), Indenture (Lyondell Chemical Co), Supplemental Indenture (Lyondell Houston Refinery Inc.)
Corporate Trustee Required; Eligibility. There shall at all times be one or more Trustees hereunder with respect to the Securities of each series, at least one of which (and only one) Trustee hereunder. The Trustee shall be a Person that is eligible pursuant to the Trust Indenture Act TIA to act as such and has a combined capital and surplus required by the Trust Indenture Actof at least $50,000,000. If any such Person publishes reports of condition at least annually, pursuant to law or to the requirements of a its supervising or examining authority, then for the purposes of this SectionSection 709 and to the extent permitted by the TIA, the combined capital and surplus of such Person shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this SectionSection 709, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.
Appears in 14 contracts
Samples: Indenture (Graphic Packaging International, LLC), Supplemental Indenture (Graphic Packaging International, LLC), Indenture (Sally Beauty Holdings, Inc.)
Corporate Trustee Required; Eligibility. There shall at all times be one or more Trustees a Trustee hereunder with respect to the Securities of each series, at least one of which shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such and such, has a combined capital and surplus required by of at least $25,000,000 and has its Corporate Trust Office located in the Trust Indenture ActBorough of Manhattan, The City of New York. If such Person publishes reports of condition at least annually, pursuant to law or to the requirements of a its supervising or examining authority, then for the purposes of this Section, the combined capital and surplus of such Person shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this Section, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.
Appears in 13 contracts
Samples: Subordinated Indenture (Allied Waste Industries Inc), Senior Indenture (Allied Waste Industries Inc), Subordinated Indenture (Allied Waste Industries Inc)
Corporate Trustee Required; Eligibility. There shall at all times be one or more Trustees hereunder with respect to the Securities of each series, at least one of which (and only one) Trustee hereunder. The Trustee shall be a Person that is eligible pursuant to the Trust Indenture Act TIA to act as such and has a combined capital and surplus required by the Trust Indenture Act(together with its corporate parent) of at least $50,000,000. If any such Person publishes reports of condition at least annually, pursuant to law or to the requirements of a its supervising or examining authority, then for the purposes of this SectionSection and to the extent permitted by the TIA, the combined capital and surplus of such Person shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this SectionSection 709, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.
Appears in 11 contracts
Samples: Indenture (Avis Budget Group, Inc.), Indenture (Avis Budget Group, Inc.), Indenture (Avis Budget Group, Inc.)
Corporate Trustee Required; Eligibility. There shall at all times be one or more Trustees (and only one) Trustee hereunder with respect to the Securities of each series, at least one of which Notes. Each Trustee shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such such, and has a combined capital and surplus required by the Trust Indenture Actof at least $50,000,000. If any such Person publishes reports of condition at least annually, pursuant to law or to the requirements of a its supervising or examining authority, then for the purposes of this SectionSection and to the extent permitted by the Trust Indenture Act, the combined capital and surplus of such Person shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Trustee with respect to the Notes shall cease to be eligible in accordance with the provisions of this Section, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.
Appears in 10 contracts
Samples: Fourteenth Supplemental Indenture (Concho Resources Inc), Supplemental Indenture (Concho Resources Inc), Supplemental Indenture (Concho Resources Inc)
Corporate Trustee Required; Eligibility. There shall at all times be one or more Trustees a Trustee hereunder with respect to the Securities of each series, at least one of which shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such and has a combined capital and surplus required by of at least $50,000,000 and its Corporate Trust Office in the Trust Indenture ActBorough of Manhattan, The City of New York. If such Person publishes reports of condition at least annually, pursuant to law or to the requirements of a said supervising or examining authority, then for the purposes of this Section, the combined capital and surplus of such Person shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this Section, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.
Appears in 9 contracts
Samples: Ingenior M.O. Schoyens Bilcentraler As, Converium Holding Ag, Senior Indenture (Popular International Bank Inc)
Corporate Trustee Required; Eligibility. There shall at all times be one or more Trustees a Trustee hereunder with respect to the Securities of each series, at least one of which shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such and has a combined capital and surplus required by the of at least $50,000,000 and has its Corporate Trust Indenture Act. If Office in New York, New York, if such Person publishes reports of condition at least annually, pursuant to law or to the requirements of a said supervising or examining authority, then for the purposes of this Section, the combined capital and surplus of such Person shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this Section, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.
Appears in 9 contracts
Samples: Enron Capital Trust Ii, Enron Capital Trust I, Capita Preferred Trust
Corporate Trustee Required; Eligibility. There shall at all times be one or more Trustees hereunder with respect to the Securities of each series, at least one of which (and only one) Trustee hereunder. Each Trustee shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such such, and has a combined capital and surplus required by the Trust Indenture Actof at least $50.0 million. If any such Person publishes reports of condition at least annually, pursuant to law or to the requirements of a its supervising or examining authority, then for the purposes of this SectionSection and to the extent permitted by the Trust Indenture Act, the combined capital and surplus of such Person shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this Section, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.
Appears in 9 contracts
Samples: Indenture (Weatherford International PLC), Indenture (Weatherford Irish Holdings Ltd.), Supplemental Indenture (Weatherford International PLC)
Corporate Trustee Required; Eligibility. There shall at all times be one or more Trustees a Trustee hereunder with respect to the Securities of each series, at least one of which shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such and such, has a combined capital and surplus required by of at least $50,000,000 and has its Corporate Trust Office located in the Trust Indenture ActBorough of Manhattan, The City of New York. If such Person publishes reports of condition at least annually, pursuant to law or to the requirements of a its supervising or examining authority, then for the purposes of this Section, the combined capital and surplus of such Person shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this Section, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.
Appears in 7 contracts
Samples: Senior Indenture (Allied Waste Industries Inc), Subordinated Indenture (Eastern Environmental Services Inc), Allied Waste Industries Inc
Corporate Trustee Required; Eligibility. There shall at all times be one or more Trustees a Trustee hereunder with respect to the Securities of each series, at least one of which shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such and has a combined capital and surplus required by the of at least $50,000,000 and its Corporate Trust Indenture ActOffice in New York, New York. If such Person publishes reports of condition at least annually, pursuant to law or to the requirements of a said supervising or examining authority, then for the purposes of this Section, the combined capital and surplus of such Person shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this Section, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.
Appears in 5 contracts
Samples: Indenture (Portland General Electric Co /Or/), Indenture (Portland General Electric Co /Or/), Indenture (Bank Plus Corp)
Corporate Trustee Required; Eligibility. There shall at all times be one or more Trustees a Trustee hereunder with respect to which satisfies the Securities applicable requirements of each series, at least one Sections 310(a)(1) and (5) of which shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such and which, along with its Affiliates, has a combined capital and surplus required by the Trust Indenture Actof at least one hundred fifty million dollars ($150,000,000). If such Person the Trustee publishes reports of condition at least annually, pursuant to law Law or to the requirements of a supervising or examining authority, then for the purposes of this SectionSection 4.9, the combined capital and surplus of such Person the Trustee shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this SectionSection 4.9, it shall resign immediately in the manner and with the effect hereinafter specified in this ArticleArticle 4.
Appears in 4 contracts
Samples: Contingent Value Rights Agreement (Bristol Myers Squibb Co), Contingent Value Rights Agreement (Bristol Myers Squibb Co), Contingent Value Rights Agreement (Bristol Myers Squibb Co)
Corporate Trustee Required; Eligibility. There shall at all times be one or more Trustees a Trustee hereunder with respect to the Securities of each series, at least one of which shall be a Person that is eligible pursuant corporation organized and doing business under the laws of the United States of America, any State thereof or the District of Columbia, authorized under such laws to the Trust Indenture Act to act as such and has exercise corporate trust powers, having a combined capital and surplus required by the Trust Indenture Actof at least $50,000,000. If such Person corporation publishes reports of condition at least annually, pursuant to law or to the requirements of a said supervising or examining authority, then for the purposes of this Section, the combined capital and surplus of such Person corporation shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this Section, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.
Appears in 4 contracts
Samples: Ipc Holdings LTD, St Paul Capital Trust Ii, St Paul Capital Trust Ii
Corporate Trustee Required; Eligibility. There shall at all times be one or more Trustees a Trustee hereunder with respect to the Securities of each series, at least one of which shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such and has a combined capital and surplus required by (or the Trust Indenture Actparent holding company of which has a combined capital and surplus) of at least $50,000,000. If such Person publishes reports of condition at least annually, pursuant to law or to the requirements of a said supervising or examining authority, then for the purposes of this Section, the combined capital and surplus of such Person (or parent holding company thereof) 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 (Staples Inc), Indenture (Emergent Group Inc), Indenture (Staples Inc)
Corporate Trustee Required; Eligibility. There shall be at all times be one or more Trustees a Trustee hereunder with respect to that satisfies the Securities requirements of each series, at least one Section 310(a) of which shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such and has a combined capital and surplus required by the Trust Indenture Actof at least US$150,000. If such Person corporation, trust company or association publishes reports of condition at least annually, pursuant to law or to the requirements of a federal, State, territorial or District of Columbia supervising or examining authority or any similar authority, then for the purposes of this SectionSection 8.11, the combined capital and surplus of such Person corporation, trust company or association shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this Section, it shall resign immediately in the manner and with the effect hereinafter specified in this ArticleSection 8.08.
Appears in 3 contracts
Samples: Supplemental Indenture (Energy Resources Rail LLC), Supplemental Indenture (Enrestechnology LLC), Supplemental Indenture (Enrestechnology LLC)
Corporate Trustee Required; Eligibility. There shall at all times be one or more Trustees hereunder with respect to the Securities of each series, at least one of which shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such and has a combined capital and surplus required by the Trust Indenture Act. If such Person publishes reports of condition at least annually, pursuant to law or to the requirements of a supervising or examining authority, then for the purposes of this Section, the combined capital and surplus of such Person shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this Section, it shall resign immediately in the manner and with the effect hereinafter specified in this Article. SECTION 610.
Appears in 3 contracts
Samples: El Paso Tennessee Pipeline Co, Tennessee Gas Pipeline Co, Tennessee Gas Pipeline Co
Corporate Trustee Required; Eligibility. There shall at all times be one or more Trustees a Trustee hereunder with respect to the Securities of each series, at least one of which shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such and has has, or whose parent banking company has, a combined capital and surplus required by the Trust Indenture Actof at least $50,000,000. If such Person publishes reports of condition at least annually, pursuant to law or to the requirements of a said supervising or examining authority, then for the purposes of this SectionSection 11.09, the combined capital and surplus of such Person shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this SectionSection 11.09, it shall resign immediately in the manner and with the effect hereinafter specified in this ArticleArticle 11.
Appears in 3 contracts
Samples: Indenture (Novellus Systems Inc), Indenture (Convergys Corp), Indenture (Convergys Corp)
Corporate Trustee Required; Eligibility. (a) There shall at all times be one or more Trustees hereunder with respect to the Securities of each series, at least one of which (and only one) Trustee hereunder. The Trustee shall be a Person that is eligible pursuant to the Trust Indenture Act TIA to act as such and has a combined capital and surplus required by the Trust Indenture Actof at least $50,000,000. If any such Person publishes reports of condition at least annually, pursuant to law or to the requirements of a its supervising or examining authority, then for the purposes of this SectionSection 7.10 and to the extent permitted by the TIA, the combined capital and surplus of such Person shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this SectionSection 7.10, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.
Appears in 3 contracts
Samples: Supplemental Indenture (Equistar Funding Corp), Supplemental Indenture (Lyondell Chemical Co), Supplemental Indenture (Equistar Chemicals Lp)
Corporate Trustee Required; Eligibility. There shall at all times be one or more Trustees hereunder with respect to the Securities of each series, at least one of which shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such and has a combined capital and surplus required by the Trust Indenture Act. If such Person publishes reports of condition at least annually, pursuant to law or to the requirements of a supervising or examining authority, then for the purposes of this Section, the combined capital and surplus of such Person shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this Section, it shall resign immediately in the manner and with the effect hereinafter specified in this Article. Section 610.
Appears in 3 contracts
Samples: El Paso Natural Gas Co, El Paso Natural Gas Co, El Paso Natural Gas Co
Corporate Trustee Required; Eligibility. There shall at all times be one or more Trustees a Trustee hereunder with respect to the Securities of each series, at least one of which shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such and has a combined capital and surplus required of at least $100,000,000 and subject to supervision or examination by the Trust Indenture Actfederal or state authority. If such Person publishes reports of condition at least annually, pursuant to law or to the requirements of a said supervising or examining authority, then for the purposes of this Section, the combined capital and surplus of such Person corporation shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this Section, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.
Appears in 3 contracts
Samples: Indenture (Iat Multimedia Inc), Indenture (Iat Multimedia Inc), KDW Draft (Westbridge Capital Corp)
Corporate Trustee Required; Eligibility. There shall at all times be one or more Trustees (and only one) Trustee hereunder with respect to the Securities of each series, at least one of which Notes. Each Trustee shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such such, and has a combined capital and surplus required by the Trust Indenture Actof at least U.S.$50 million. If any such Person publishes reports of condition at least annually, pursuant to law or to the requirements of a its supervising or examining authority, then for the purposes of this SectionSection and to the extent permitted by the Trust Indenture Act, the combined capital and surplus of such Person shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Trustee with respect to the Notes shall cease to be eligible in accordance with the provisions of this Section, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.
Appears in 3 contracts
Samples: Indenture (Bellatrix Exploration Ltd.), Supplemental Indenture (Bellatrix Exploration Ltd.), Indenture (Bellatrix Exploration Ltd.)
Corporate Trustee Required; Eligibility. There shall at all times be one or more Trustees a Trustee hereunder with respect to the Securities of each series, at least one of which shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such and has has, or whose parent banking company has, a combined capital and surplus required by the Trust Indenture Actof at least $50,000,000. If such Person publishes reports of condition at least annually, pursuant to law or to the requirements of a said supervising or examining authority, then for the purposes of this SectionSection 14.09, the combined capital and surplus of such Person shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this SectionSection 14.09, it shall resign immediately in the manner and with the effect hereinafter specified in this ArticleArticle 14.
Appears in 2 contracts
Samples: Indenture (AMS Sales CORP), Indenture (American Medical Systems Holdings Inc)
Corporate Trustee Required; Eligibility. There shall at all times be one or more Trustees a Trustee hereunder with respect to the Securities of each series, at least one of which shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such and has a combined capital and surplus required of at least $50,000,000, be subject to supervision or examination by the Trust Indenture ActFederal or State authority. If such Person publishes reports of condition at least annually, pursuant to law or to the requirements of a said supervising or examining authority, then then, for the purposes of this Section, the combined capital and surplus of such Person shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this Section, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.
Appears in 2 contracts
Samples: Indenture (Seagate Technology Inc), Seagate Technology Inc
Corporate Trustee Required; Eligibility. There shall at all times be one or more Trustees hereunder with respect to the Securities of each seriesDebentures, at least one of which shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such and has a combined capital and surplus required by the Trust Indenture Act. If such Person publishes reports of condition at least annually, pursuant to law or to the requirements of a supervising or examining authority, then for the purposes of this Section, the combined capital and surplus of such Person shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this Section, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.
Appears in 2 contracts
Corporate Trustee Required; Eligibility. There shall at all times be one or more Trustees hereunder with respect to the Securities of each series, at least one of which shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such and has a combined capital and surplus required by the Trust Indenture Actof at least $50,000,000. If such Person publishes reports of condition at least annually, pursuant to law or to the requirements of a said supervising or examining authority, then for the purposes of this Section, the combined capital and surplus of such Person shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this Section, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.
Appears in 2 contracts
Samples: Indenture (General Growth Properties Inc), American Health Properties Inc
Corporate Trustee Required; Eligibility. There shall at all times be one or more Trustees hereunder with respect to the Securities of each series, at least one of Series which shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such and has a combined capital and surplus required by the Trust Indenture Actof at least $50,000,000. If such Person publishes reports of condition at least annually, pursuant to law or to the requirements of a said supervising or examining authority, then for the purposes of this SectionSection 609, the combined capital and surplus of such Person shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this SectionSection 609, it shall resign immediately in the manner and with the effect hereinafter specified in this ArticleArticle Six.
Appears in 2 contracts
Samples: Georgia Gulf Corp /De/, Georgia Gulf Corp /De/
Corporate Trustee Required; Eligibility. (a) There shall at all times be one or more Trustees hereunder with respect to the Securities of each series, at least one of which (and only one) Trustee hereunder. The Trustee shall be a Person that is eligible pursuant to the Trust Indenture Act TIA to act as such and has a combined capital and surplus required by the Trust Indenture Actof at least $50,000,000. If any such Person publishes reports of condition at least annually, pursuant to law or to the requirements of a its supervising or examining authority, then for the purposes of this SectionSection 7.10 ---- and to the extent permitted by the TIA, the combined capital and surplus of such Person shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this SectionSection 7.10, it shall resign immediately in the manner and with the effect hereinafter ---- specified in this Article.
Appears in 2 contracts
Samples: Supplemental Indenture (Equistar Chemicals Lp), Supplemental Indenture (Lyondell Chemical Co)
Corporate Trustee Required; Eligibility. There shall at all times be one or more Trustees hereunder with respect to the Securities of each series, at least one of which (and only one) Trustee hereunder. The Trustee shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such and has a combined capital and surplus required by the Trust Indenture Actof at least $50,000,000. If any such Person publishes reports of condition at least annually, pursuant to law or to the requirements of a its supervising or examining authority, then for the purposes of this SectionSection and to the extent permitted by the Trust Indenture Act, the combined capital and surplus of such Person shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this Section, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.
Appears in 2 contracts
Samples: Indenture (Vintage Petroleum Inc), Vintage Petroleum Inc
Corporate Trustee Required; Eligibility. There shall at all times be one or more Trustees a Trustee hereunder with respect that is a corporation eligible to act as such pursuant to the Securities terms of each series, at least one of which shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such and that has a combined capital and surplus required of at least $50,000,000, subject to supervision or examination by the Trust Indenture ActFederal or State authority. If such Person corporation publishes reports of condition at least annually, pursuant to law or to the requirements of a the aforesaid supervising or examining authority, then for the purposes of this Section, the combined capital and surplus of such Person corporation shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this Section, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.
Appears in 2 contracts
Samples: Countrywide Home Loans Inc, Countrywide Home Loans Inc
Corporate Trustee Required; Eligibility. There shall at all times be one or more Trustees a Trustee hereunder with respect to the Securities of each series, at least one of which shall be a Person that is eligible pursuant to the act as Trustee under Trust Indenture Act to act as such Sections 310(a)(1) and has (2) and which shall have a combined capital and surplus required by the Trust Indenture Actof at least $50,000,000. If such Person corporation publishes reports of condition at least annually, pursuant to law or to the requirements of a any Federal, xxxxx, xxxxxxxxxxx xx Xxxxxxxx xx Xxxxxxxx supervising or examining authority, then for the purposes of this Section, the combined capital and surplus of such Person corporation shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this Section, it the Trustee shall resign immediately in the manner and with the effect hereinafter specified in this Article.
Appears in 2 contracts
Samples: Indenture (RCN Corp /De/), Indenture (Cccisg Capital Trust)
Corporate Trustee Required; Eligibility. There shall at all times be one or more Trustees hereunder with respect to the Securities of each series, at least one of which shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such and has a combined capital and surplus required by the of at least $50,000,000 and its Corporate Trust Indenture ActOffice in ______________________________. If such Person publishes reports of condition at least annually, pursuant to law or to the requirements of a said supervising or examining authority, then for the purposes of this Section, the combined capital and surplus of such Person shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this Section, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.
Appears in 2 contracts
Samples: Royal Gold Inc /De/, Royal Gold Inc /De/
Corporate Trustee Required; Eligibility. There shall at all times be one or more Trustees hereunder with respect to the Securities of each series, at least one of which (and only one) Trustee hereunder. The Trustee shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such and has a combined capital and surplus required by the Trust Indenture Actof at least $100,000,000. If any such Person publishes reports of condition at least annually, pursuant to law or to the requirements of a its supervising or examining authority, then for the purposes of this SectionSection 7.10 and to the extent permitted by the Trust Indenture Act, the combined capital and surplus of such Person shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this SectionSection 7.10, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.
Appears in 2 contracts
Samples: Supplemental Indenture (Eastman Kodak Co), Supplemental Indenture (Eastman Kodak Co)
Corporate Trustee Required; Eligibility. There shall at all times be one or more Trustees a Trustee hereunder with respect to the Securities of each series, at least one of which shall be a Person that has, or is eligible pursuant to the Trust Indenture Act to act as such and has a wholly owned subsidiary of a bank holding company that has, a combined capital and surplus required by of at least $50,000,000 and a Corporate Trust Office in the Trust Indenture ActUnited States. If such Person publishes reports of condition at least annually, pursuant to law or to the requirements of a federal or state supervising or examining authority, then for the purposes of this SectionSection 6.09, the combined capital and surplus of such Person shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this SectionSection 6.09, it shall resign immediately in the manner and with the effect hereinafter specified in this ArticleArticle VI.
Appears in 2 contracts
Samples: 2016 Credit Agreement (Herc Holdings Inc), Herc Holdings Inc
Corporate Trustee Required; Eligibility. There shall at all times be one or more Trustees a Trustee hereunder with respect to the Securities of each series, at least one of which shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such and has a combined capital and surplus required by the of at least $50,000,000 [and its Corporate Trust Indenture ActOffice in ...............................]. If such Person publishes reports of condition at least annually, pursuant to law or to the requirements of a said supervising or examining authority, then for the purposes of this Section, the combined capital and surplus of such Person shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this Section, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.
Appears in 2 contracts
Samples: Article Twelve (Kroger Co), Kroger Co
Corporate Trustee Required; Eligibility. There shall at all times be one or more Trustees a Trustee hereunder with respect to the Securities of each series, at least one of which shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such and has has, or whose parent banking company has, a combined capital and surplus required by the Trust Indenture Actof at least $50,000,000. If such Person publishes reports of condition at least annually, pursuant to law or to the requirements of a said supervising or examining authority, then for the purposes of this SectionSection 6.09, the combined capital and surplus of such Person shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this SectionSection 6.09, it shall resign immediately in the manner and with the effect hereinafter specified in this ArticleArticle VI.
Appears in 2 contracts
Samples: Indenture (Vector Group LTD), Indenture (Vector Group LTD)
Corporate Trustee Required; Eligibility. There shall at all times be one or more Trustees a Trustee hereunder with respect to the Securities of each series, at least one of which shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such and has a combined capital and surplus required by of at least $50,000,000 and its Corporate Trust Office in any State of the Trust Indenture ActUnited States. If such Person publishes reports of condition at least annually, pursuant to law or to the requirements of a said supervising or examining authority, then for the purposes of this Section, the combined capital and surplus of such Person shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this Section, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.
Appears in 2 contracts
Samples: Article Twelve (Mead Corp), Article Twelve (Meadwestvaco Corp)
Corporate Trustee Required; Eligibility. There shall at all times be one or more Trustees (and only one) Trustee hereunder with respect to the Securities of each series, at least one of which Notes. The Trustee shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such and has a combined capital and surplus required by the Trust Indenture Actof at least $50,000,000. If any such Person publishes reports of condition at least annually, pursuant to law or to the requirements of a its supervising or examining authority, then for the purposes of this SectionSection and to the extent permitted by the Trust Indenture Act, the combined capital and surplus of such Person shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this Section, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.
Appears in 2 contracts
Samples: Indenture (Maverick Tube Corporation), Maverick Tube Corporation
Corporate Trustee Required; Eligibility. There shall at all times be one or more Trustees a Trustee hereunder with respect to the Securities of each series, at least one of which shall be a Person that is eligible pursuant to under the Trust Indenture Act to act as such and has such. The Trustee shall have a combined capital and surplus required by the Trust Indenture Actof at least $50,000,000. If such Person publishes reports of condition at least annually, pursuant to law or to the requirements of a Federal or state supervising or examining authority, then for the purposes of this SectionSection 609 and to the extent permitted by the Trust Indenture Act, the combined capital and surplus of such Person shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Trustee shall shall, with respect to the Securities of any series, cease to be eligible in accordance with the provisions of this SectionSection 609, it shall resign immediately in the manner and with the effect hereinafter specified in this ArticleArticle Six.
Appears in 2 contracts
Samples: Indenture (Nextel Communications Inc), Nextel Communications Inc
Corporate Trustee Required; Eligibility. There shall at all times be one or more Trustees a Trustee hereunder with respect to the Securities of each series, at least one of which shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such and has a combined capital and surplus required by the of at least $50 million, and its Corporate Trust Indenture ActOffice in The City of New York. If such Person publishes reports of condition at least annually, pursuant to law or to the requirements of a federal or state supervising or examining authority, then then, for the purposes of this Section, the combined capital and surplus of such Person shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this SectionSection 609, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.
Appears in 1 contract
Samples: Durango Corp
Corporate Trustee Required; Eligibility. There shall at all times be one or more Trustees hereunder with respect to the Securities of each series, at least one of which shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such and has a combined capital and surplus required by the Trust Indenture Act. If such Person publishes reports of condition at least annually, pursuant to law or to the requirements of a supervising or examining authority, then for the purposes of this Section, the 49 combined capital and surplus of such Person shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this Section, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.
Appears in 1 contract
Samples: Indenture (Amcv Capital Trust I)
Corporate Trustee Required; Eligibility. There shall at all times be one or more Trustees a Trustee hereunder with respect to the Securities of each series, at least one of which shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such and has a combined capital and surplus required by the of at least $50,000,000 and its Corporate Trust Indenture ActOffice in _________________________________________. If such Person publishes reports of condition at least annually, pursuant to law or to the requirements of a said supervising or examining authority, then for the purposes of this SectionSection , the combined capital and surplus of such Person shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this SectionSection , it shall resign immediately in the manner and with the effect hereinafter specified in this Article.
Appears in 1 contract
Samples: Microsoft Corp
Corporate Trustee Required; Eligibility. There shall at all times be one or more Trustees a Trustee hereunder with respect to the Securities of each seriesSecurities, at least one of which shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such and has a combined capital and surplus required by the Trust Indenture Actof at least $50,000,000. If any such Person publishes reports of condition at least annually, pursuant to law or to the requirements of a its supervising or examining authority, then for the purposes of this SectionSection and to the extent permitted by the Trust Indenture Act, the combined capital and surplus of such Person shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this Section, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.
Appears in 1 contract
Samples: Houston Industries Inc
Corporate Trustee Required; Eligibility. There shall at all times be one or more Trustees a Trustee hereunder with respect to the Securities of each series, at least one of which shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such and has a combined capital and surplus required by the of at least US$50,000,000 and its Corporate Trust Indenture ActOffice in New York. If such Person publishes reports of condition at least annually, pursuant to law or to the requirements of a said supervising or examining authority, then for the purposes of this Section, the combined capital and surplus of such Person shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this SectionSection 609, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.
Appears in 1 contract
Samples: St Assembly Test Services LTD
Corporate Trustee Required; Eligibility. There shall at all times be one or more Trustees a Trustee hereunder with respect to the Securities of each series, at least one of which shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such and has a combined capital and surplus required of at least $50,000,000 and subject to supervision or examination by the Trust Indenture ActFederal, State or District of Columbia authority. If such Person publishes reports of condition at least annually, pursuant to law or to the requirements of a said supervising or examining authority, then for the purposes of this Section, the combined capital and surplus of such Person 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: Dimon Inc
Corporate Trustee Required; Eligibility. There shall at all times be one or more Trustees hereunder with respect to the Securities of each series, at least one of which shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such and has a combined capital and surplus required by the Trust Indenture Act. If such Person publishes reports of condition at least annually, pursuant to law or to the requirements of a supervising or examining authority, then for the purposes of this Section, the combined capital 44 and surplus of such Person shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this Section, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.
Appears in 1 contract
Samples: WashingtonFirst Bankshares, Inc.
Corporate Trustee Required; Eligibility. There shall at all times be one or more Trustees a corporate Trustee hereunder which complies with respect to the Securities requirements of each series, at least one Section 310(a) of which shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such and has Act, having a combined capital and surplus required of at least $50,000,000, subject to supervision or examination by federal or state authority and having a Corporate Trust Office in the Trust Indenture Actcontinental United States. If such Person corporation publishes reports of condition at least annually, pursuant to law or to the requirements of a said supervising or examining authority, then for the purposes of this Section, Section the combined capital and surplus of such Person corporation shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this Section, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.
Appears in 1 contract
Samples: Arthur J. Gallagher & Co.
Corporate Trustee Required; Eligibility. There shall at all times be one or more Trustees hereunder with respect to the Securities of each series, at least one of which shall be a Person that is eligible pursuant to the Trust Indenture Act Section 310(a)(1) to act as such and has a combined capital and surplus required by the Trust Indenture ActAct Section 310(a)(1). If such Person publishes reports of condition at least annually, pursuant to law or to the requirements of a supervising or examining authority, then for the purposes of this Section, the combined capital and surplus of such Person shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this Section, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.
Appears in 1 contract
Corporate Trustee Required; Eligibility. There shall at all times be one or more Trustees (and only one) Trustee hereunder with respect to the Securities of each series, at least one of which shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such and has a combined capital and surplus required by the Trust Indenture Actof at least $50,000,000. If such Person publishes reports of condition at least annually, pursuant to law or to the requirements of a its supervising or examining authority, then for the purposes of this SectionSection and to the extent permitted by the Trust Indenture Act, the combined capital and surplus of such Person shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this Section, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.
Appears in 1 contract
Samples: Indenture (Regency Centers Corp)
Corporate Trustee Required; Eligibility. There shall at all times be one or more Trustees a corporate Trustee hereunder which complies with respect to the Securities requirements of each series, at least one Section 310(a) of which shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such and has Act, having a combined capital and surplus required of at least $5,000,000, subject to supervision or examination by the Federal or State authority and having its Corporate Trust Indenture ActOffice in ____________________________. If such Person corporation publishes reports of condition at least annually, pursuant to law or to the requirements of a said supervising or examining authority, then for the purposes of this Section, Section the combined capital and surplus of such Person corporation shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this Section, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.
Appears in 1 contract
Samples: Century Communications Corp
Corporate Trustee Required; Eligibility. There shall at all times be one or more Trustees a Trustee hereunder with respect to the Securities of each series, at least one of which shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such and has a combined capital and surplus required by the of at least $100,000,000 and has its Corporate Trust Indenture ActOffice in New York, New York. If such Person publishes reports of condition at least annually, pursuant to law or to the requirements of a said supervising or examining authority, then for the purposes of this Section, the combined capital and surplus of such Person shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this Section, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.
Appears in 1 contract
Corporate Trustee Required; Eligibility. There shall --------------------------------------- at all times be one or more Trustees a Trustee hereunder with respect to the Securities of each series, at least one of which shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such and has a combined capital and surplus required by the of at least $50,000,000 and has its Corporate Trust Indenture ActOffice in New York, New York. If such Person publishes reports of condition at least annually, pursuant to law or to the requirements of a said supervising or examining authority, then for the purposes purpose of this Section, the combined capital and surplus of such Person shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this Section, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.
Appears in 1 contract
Corporate Trustee Required; Eligibility. There shall at all times be one or more Trustees a Trustee hereunder with respect to the Securities of each series, at least one of which shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such and has a combined capital and surplus required by the of at least $50,000,000 and its Corporate Trust Indenture ActOffice in The City of New York, New York. If such Person publishes reports of condition at least annually, pursuant to law or to the requirements of a Federal, State, Territorial or District of Columbia supervising or examining authority, then for the purposes of this SectionSection 5.9, the combined capital and surplus of such Person shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this SectionSection 5.9, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.Article V.
Appears in 1 contract
Corporate Trustee Required; Eligibility. There shall at all times be one or more Trustees a Trustee hereunder with respect to the Securities of each series, at least one of which shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such and has a combined capital and surplus required of at least $50,000,000 and is subject to supervision or examination by the Trust Indenture Actfederal or state authority. If such Person publishes reports of condition at least annually, pursuant to law or to the requirements of a said supervising or examining authority, then for the purposes of this Section, the combined capital and surplus of such Person 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
Corporate Trustee Required; Eligibility. There The Trustee shall at all times be one or more Trustees hereunder with respect to satisfy the Securities eligibility requirements of each series, at least one Section 310 of which shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such and has together with its immediate parent maintain a combined capital and surplus required of at least $50,000,000, be subject to supervision or examination by Federal or State authority and have its Corporate Trust Office in the Trust Indenture ActCity of Philadelphia. If such Person corporation publishes reports of condition at least annually, pursuant to law or to the requirements of a said supervising or examining authority, then for the purposes of this Section, the combined capital and surplus of such Person corporation shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this Section, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.
Appears in 1 contract
Corporate Trustee Required; Eligibility. There shall be at all times be one or more Trustees a Trustee hereunder with respect to the Securities of each series, at least one of which shall be a Person that is eligible pursuant to the Trust Indenture Act (as if the Trust Indenture Act were applicable hereto) to act as such and has a combined capital and surplus required by the Trust Indenture Actof at least $50,000,000. If such Person corporation publishes reports of condition at least annually, pursuant to law or to the requirements of a federal, State, territorial or District of Columbia supervising or examining authority, then for the purposes of this SectionSection 6.08, the combined capital and surplus of such Person corporation shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this SectionSection 6.08, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.
Appears in 1 contract
Samples: Indenture (GMS Inc.)
Corporate Trustee Required; Eligibility. There shall at all times be one or more Trustees a Trustee hereunder with respect to the Securities of each series, at least which may be a Trustee hereunder for Securities of one of or more other series and which shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such and has a combined capital and surplus required by the Trust Indenture Actof at least $50,000,000. If such Person publishes reports of condition at least annually, pursuant to law or to the requirements of a said supervising or examining authority, then for the purposes of this Section, the combined capital and surplus of such Person shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Trustee with respect to the Securities of any series shall cease to be eligible in accordance with the provisions of this Section, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.
Appears in 1 contract
Samples: Premcor Refining Group Inc
Corporate Trustee Required; Eligibility. There shall at --------------------------------------- all times be one or more Trustees hereunder with respect to the Securities of each series, at least one of which (and only one) Trustee hereunder. The Trustee shall be a Person that is eligible pursuant to the Trust Indenture Act TIA to act as such and has a combined capital and surplus required by the Trust Indenture Actof at least $50,000,000. If any such Person publishes reports of condition at least annually, pursuant to law or to the requirements of a its supervising or examining authority, then for the purposes of this SectionSection and to the extent permitted by the TIA, the combined capital and surplus of such Person shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this SectionSection ------- 709, it shall resign immediately in the manner and with the effect hereinafter --- specified in this Article.
Appears in 1 contract
Corporate Trustee Required; Eligibility. There shall at all times be one or more Trustees a Trustee hereunder with respect to the Securities of each series, at least one of which shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such and has has, or whose parent banking company has, a combined capital and surplus required by the Trust Indenture Actof at least $50,000,000. If such Person publishes reports of condition at least annually, pursuant to law or to the requirements of a said supervising or examining authority, then for the purposes of this SectionSection 12.09, the combined capital and surplus of such Person shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this SectionSection 12.09, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.. 104
Appears in 1 contract
Samples: Indenture (Intel Corp)
Corporate Trustee Required; Eligibility. There shall at all times be one or more Trustees a Trustee hereunder with respect to the Securities of each series, at least one of which shall be a Person that is eligible pursuant to the Trust Indenture Act and to act as such and has a combined capital and surplus required by the of at least $50,000,000 and has its Corporate Trust Indenture ActOffice in New York, New York. If such Person publishes reports of condition at least annually, pursuant to law or to the requirements of a said supervising or examining authority, then for the purposes of this Section, the combined capital and surplus of such Person shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this Section, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.
Appears in 1 contract
Corporate Trustee Required; Eligibility. There shall at all times be one or more Trustees a Trustee hereunder with respect to the Securities of each series, at least one of which shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such and has has, or whose parent banking company has, a combined capital and surplus required by the Trust Indenture Actof at least $50,000,000. If such Person publishes reports of condition at least annually, pursuant to law or to the requirements of a said supervising or examining authority, then for the purposes of 109 this SectionSection 12.09, the combined capital and surplus of such Person shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this SectionSection 12.09, it shall resign immediately in the manner and with the effect hereinafter specified in this ArticleArticle 12.
Appears in 1 contract
Samples: Indenture (Intel Corp)
Corporate Trustee Required; Eligibility. There shall at all times be one or more Trustees a Trustee hereunder with respect to the Securities of each series, at least one of which shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such and has a combined capital and surplus required by the Trust Indenture Actof at least $50,000,000. If such Person publishes reports of condition at least annually, pursuant to law or to the requirements of a its supervising or examining authority, then for the purposes of this SectionSection (and to the extent permitted by the Trust Indenture Act), the combined capital and surplus of such Person shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this Section, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.
Appears in 1 contract
Samples: Huntington Bancshares Inc/Md
Corporate Trustee Required; Eligibility. There shall at all times be one or more Trustees a Trustee hereunder with respect to the Securities of each series, at least one of which shall be a Person that is corporation eligible pursuant to the act as Trustee under Trust Indenture Act to act as such Sections 310(a)(1) and has (2) and which shall have a combined capital and surplus required by the Trust Indenture Actof at least [$ _________ ]. If such Person corporation publishes reports of condition at least annually, pursuant to law or to the requirements of a any Federal, state, territorial or District of Columbia supervising or examining authority, then for the purposes of this Section, the combined capital and surplus of such Person corporation shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this Section, it the Trustee shall resign immediately in the manner and with the effect hereinafter specified in this Article.
Appears in 1 contract
Samples: Senior Debt Indenture (Caprock Communications Corp)
Corporate Trustee Required; Eligibility. There shall at all times be one or more Trustees a Trustee hereunder with respect to the Securities of each series, at least one of which shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such and has such, having a combined capital and surplus required of at least $50,000,000 and subject to supervision or examination by the Trust Indenture ActFederal or State authority. If such Person publishes reports of condition at least annually, pursuant to law or to the requirements of a said supervising or examining authority, then then, for the purposes of this Section, the combined capital and surplus of such Person shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this Section, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.
Appears in 1 contract
Samples: Micron Electronics Inc
Corporate Trustee Required; Eligibility. There shall at all times be one or more Trustees a Trustee hereunder with respect to the Securities of each series, at least one of which shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such and has a combined capital and surplus required by the of at least $25,000,000 and its Corporate Trust Indenture ActOffice, or an office or agency thereof, in Dallas, Texas or in The City of New York. If such Person publishes reports of condition at least annually, pursuant to law or to the requirements of a said supervising or examining authority, then for the purposes of this Section, the combined capital and surplus of such Person shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this Section, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.
Appears in 1 contract
Samples: Indenture (Commercial Metals Co)
Corporate Trustee Required; Eligibility. There shall at all times be one a Trustee hereunder qualified or more Trustees hereunder with respect to the Securities of each series, at least one of which shall be a Person that is eligible pursuant to the qualified under Trust Indenture Act to act as such Section 310(a)(1) and has which shall have a combined capital and surplus required by of at least $25,000,000 to the Trust Indenture Actextent there is such an institution eligible and willing to serve. If such Person the Trustee publishes reports of condition at least annually, pursuant to law or to the requirements of a Federal, State, Territorial or District of Columbia supervising or examining authority, then for the purposes of this SectionSection 608, the combined capital and surplus of such Person the Trustee shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this SectionSection 608, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.
Appears in 1 contract
Samples: Indenture (Cablevision Systems Corp)
Corporate Trustee Required; Eligibility. There shall at all times be one or more Trustees a Trustee hereunder with respect to which satisfies the Securities applicable requirements of each series, at least one Sections 310(a)(1) and (5) of which shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such and which, along with its Affiliates, has a combined capital and surplus required by the Trust Indenture Actof at least one hundred fifty million dollars ($150,000,000). If such Person the Trustee publishes reports of condition at least annually, pursuant to law Law or to the requirements of a supervising or examining authority, then for the purposes of this SectionSection 4.9, the combined capital and surplus of such Person the Trustee shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this SectionSection 4.9, it shall resign immediately in the manner and with the effect hereinafter specified in this ArticleA rticle 4.
Appears in 1 contract
Samples: Contingent Value Rights Agreement
Corporate Trustee Required; Eligibility. There shall at all times be one or more Trustees a Trustee hereunder with respect to the Securities of each series, at least one of which shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such and has a combined capital and surplus required of at least $50,000,000 subject to supervision or examination by Federal or State authority and having its Corporate Trust Office in the Trust Indenture ActUnited States of America. If such Person publishes reports of condition at least annually, pursuant to law or to the requirements of a said supervising or examining authority, then for the purposes of this Section, the combined capital and surplus of such Person shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this Section, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.
Appears in 1 contract
Samples: Indenture (Synergetics Usa Inc)
Corporate Trustee Required; Eligibility. There shall at all times be one or more Trustees a Trustee hereunder with respect to the Securities of each series, at least one of which shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such and has has, or whose parent banking company has, a combined capital and surplus required by the Trust Indenture Actof at least $50,000,000. If such Person publishes reports of condition at least annually, pursuant to law or to the requirements of a said supervising or examining authority, then for the purposes of this SectionSection 12.09, the combined capital and surplus of such Person shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this SectionSection 12.09, it shall resign immediately in the manner and with the effect hereinafter specified in this ArticleArticle 12.
Appears in 1 contract
Samples: Wellpoint, Inc
Corporate Trustee Required; Eligibility. There shall at all times be one or more Trustees a Trustee hereunder with respect to the Securities of each series, at least one of which shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such and has a combined capital and surplus required by the of at least $50,000,000 and has its Corporate Trust Indenture ActOffice in New York, New York. If such Person publishes reports of condition at least annually, pursuant to law or to the requirements of a supervising or examining authority, then for the purposes of this Section, the combined capital and surplus of such Person shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this Section, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.
Appears in 1 contract
Samples: Indenture (Great West Life & Annuity Insurance Capital I)
Corporate Trustee Required; Eligibility. There shall at all times be one or more Trustees a Trustee hereunder with respect to the Securities of each series, at least one of which shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such Trustee and has a combined capital and surplus required by the of at least $50,000,000 and has its Corporate Trust Indenture ActOffice in New York, New York. If such Person publishes reports of condition at least annually, pursuant to law or to the requirements of a said supervising or examining authority, then then, for the purposes of this SectionSection 6.9, the combined capital and surplus of such Person shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this SectionSection 6.9, it shall resign immediately in the manner and with the effect hereinafter specified in this ArticleArticle Six.
Appears in 1 contract
Samples: Feg Holdings Inc
Corporate Trustee Required; Eligibility. There shall at all times be one or more Trustees a Trustee hereunder with respect to the Securities of each series, at least one of which shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such and has a combined capital and surplus required by the Trust Indenture Actof at least Fifty Million Dollars ($50,000,000). If any such Person publishes reports of condition at least annually, pursuant to law or to the requirements of a its supervising or examining authority, then for the purposes of this SectionSection 1009 and to the extent permitted by the Trust Indenture Act, the combined capital and surplus of such Person shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Trustee with respect to the Securities of any series shall cease to be eligible in accordance with the provisions of this SectionSection 1009, it shall resign immediately in the manner and with the effect hereinafter specified in this ArticleArticle Ten.
Appears in 1 contract
Samples: Centerpoint Energy Inc
Corporate Trustee Required; Eligibility. There shall at all times be one or more Trustees a Trustee hereunder with respect to the Securities of each series, at least one of which shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such and has a combined capital capi- tal and surplus required by of at least $50,000,000 and its Corporate Trust Office in the Trust Indenture ActBorough of Manhattan, The City of New York. If such Person publishes reports of condition at least annually, pursuant to law or to the requirements of a said supervising or examining authority, then for the purposes of this Section, the combined capital and surplus of such Person shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this Section, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.
Appears in 1 contract
Samples: Phillips Van Heusen Corp /De/
Corporate Trustee Required; Eligibility. There shall at all times be one or more Trustees a Trustee hereunder with respect to the Securities of each series, at least one of which shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such and has a combined capital and surplus required by the of at least $25,000,000 and its Corporate Trust Indenture ActOffice, or an office or agency thereof, in The City of New York. If such Person publishes reports of condition at least annually, pursuant to law or to the requirements of a said supervising or examining authority, then for the purposes of this Section, the combined capital and surplus of such Person shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this Section, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.
Appears in 1 contract
Samples: International Alliance Services Inc
Corporate Trustee Required; Eligibility. There shall at all times be one or more Trustees a Trustee hereunder with respect to the Securities of each series, at least one of which shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such and has a combined capital and surplus required by of at least $50,000,000 and its Corporate Trust Office in the Trust Indenture Actcontinental United States. If such Person publishes reports of condition at least annually, pursuant to law or to the requirements of a Federal, state, territorial or District of Columbia supervising or examining authority, then for the purposes of this Section, the combined capital and surplus of such Person shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this Section, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.
Appears in 1 contract
Samples: PSF Holdings LLC
Corporate Trustee Required; Eligibility. There shall at all times be one or more Trustees a Trustee hereunder with respect to the Securities of each series, at least one of which shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such and has a combined capital and surplus required by of at least $50,000,000 and its Corporate Trust Office in the Trust Indenture ActBorough of Manhattan, The City of New York. If such Person publishes reports of condition at least annually, pursuant to law or to the requirements of a said supervising or examining authority, then for the purposes of this SectionSection , the combined capital and surplus of such Person shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this SectionSection , it shall resign immediately in the manner and with the effect hereinafter specified in this Article.
Appears in 1 contract
Samples: And Registration Rights Agreement (Diamond Cable Communications PLC)
Corporate Trustee Required; Eligibility. There shall at all times be one or more Trustees a Trustee hereunder with respect to the Securities of each series, at least one of which shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such and has a combined capital and surplus required by the Trust Indenture Actof at least $25,000,000 (or be a member of a Bank Holding Company with a combined capital and surplus of at least $50,000,000). If such Person publishes reports of condition at least annually, pursuant to law or to the requirements of a applicable supervising or examining authority, then for the purposes of this Section, the combined capital and surplus of such Person shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this Section, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.
Appears in 1 contract
Samples: Potlatch Corp