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 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 Section 6.08, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.
Appears in 13 contracts
Samples: Indenture (PennyMac Financial Services, Inc.), Indenture (Mr. Cooper Group Inc.), Indenture (PennyMac Financial 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) 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, Statestate, territorial or District of Columbia supervising or examining authority, then for the purposes of this Section 6.08Section, 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 6.08Section, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.
Appears in 10 contracts
Samples: Indenture (Ovintiv Inc.), Ovintiv Inc., Encana 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, State, territorial Territorial or District of Columbia supervising or examining authority, then for the purposes of this Section 6.08Section, 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 6.08Section, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.
Appears in 10 contracts
Samples: Indenture (DEERE FUNDING CANADA Corp), Indenture (DEERE FUNDING CANADA Corp), Jetblue (Jetblue Airways 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 the United States federal, Statestate, territorial or District of Columbia supervising or examining authority, then for the purposes of this Section 6.08Section, 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 6.08Section, 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 federalFederal, State, territorial Territorial or the District of Columbia supervising or examining authority, then for the purposes of this Section 6.086.07, 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 6.086.07, it shall resign immediately in the manner and with the effect hereinafter specified in this ArticleArticle VI.
Appears in 8 contracts
Samples: Apollo Debt Solutions BDC, HPS Corporate Lending Fund, CION Investment 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 publishes reports of condition at least annually, pursuant to law or to the requirements of federalFederal, State, territorial Territorial or the District of Columbia supervising or examining authority, then for the purposes of this Section 6.08Section, 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 6.08Section, 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 be a Trustee hereunder 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 $50,000,00050,000,000 and its Corporate Trust Office in the United States. 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 6.08Section, 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 6.08Section, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.
Appears in 8 contracts
Samples: Sabra Health (Sabra Health Care REIT, Inc.), Sabra Health Care (Sabra Health Care Limited Partnership), Indenture (Renee Avenue Health Holdings 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 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, State, territorial or District of Columbia supervising or examining authority, then for the purposes of this Section 6.08Section, 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 6.08Section, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.
Appears in 7 contracts
Samples: Supplemental Indenture (Clearwire Corp /DE), Note Purchase Agreement (Sprint Nextel Corp), Note Purchase Agreement (Clearwire Corp /DE)
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 federal, Statestate, territorial or District of Columbia supervising or examining authority, then for the purposes of this Section 6.08Section, 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 6.08Section, it shall resign immediately in the manner and with the effect hereinafter specified in this ArticleArticle VI.
Appears in 6 contracts
Samples: Targets Trusts Vi, Targets Trusts Vi, Targets Trusts Vi
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)(1such and (together with its corporate Affiliates) 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 6.08609, 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 6.08609, it shall resign immediately in the manner and with the effect hereinafter specified in this ArticleArticle Six.
Appears in 6 contracts
Samples: Indenture (Sanmina Corp), Indenture (Sanmina-Sci Corp), Indenture (Sanmina-Sci 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 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 federalany Federal, Statestate, territorial or District of Columbia supervising or examining authority, then for the purposes of this Section 6.08Section, 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 6.08Section, 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/), RCN Corp /De/, 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 6.08Section, 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 6.08Section, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.
Appears in 5 contracts
Samples: Supplemental Indenture (Ww International, Inc.), Indenture (Weight Watchers International Inc), Supplemental Indenture (Engility 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 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 Section 6.084.9, 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 6.084.9, it shall resign immediately in the manner and with the effect hereinafter specified in this ArticleArticle 4.
Appears in 5 contracts
Samples: Contingent Value Rights Agreement (Bristol Myers Squibb Co), Contingent Value Rights Agreement (Celgene Corp /De/), Contingent Value Rights Agreement (Genzyme 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 $50,000,000150,000,000. 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 6.08Section, 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 6.08Section, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.
Appears in 5 contracts
Samples: Indenture (Aircastle LTD), Intercreditor Agreement (Sealy Corp), Indenture (Railamerica Inc /De)
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 6.08Section, 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 6.08Section, 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 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 Section 6.08709 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 Section 6.08709, it shall resign immediately in the manner and with the effect hereinafter specified in this ArticleArticle VII.
Appears in 5 contracts
Samples: Indenture (Ambac Financial Group Inc), Xerox Corp, Collateral Agreement (Ambac Financial Group 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 federal, State, territorial or District of Columbia supervising or examining authority, then for the purposes of this Section 6.08Section, 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 6.08Section, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.
Appears in 4 contracts
Samples: Supplemental Indenture (Entegris Inc), Supplemental Indenture (Entegris Inc), Supplemental Indenture (Entegris 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 (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 6.08Section, 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 6.08Section, 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 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 federal, Statestate, territorial or District of Columbia supervising or examining authority, then for the purposes of this Section 6.08Section, 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 6.08607, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.
Appears in 4 contracts
Samples: Indenture (World Access Inc /New/), Indenture (World Access Inc /New/), Facilicom International 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, Statestate, territorial or District of Columbia supervising or examining authority, then for the purposes of this Section 6.087.07, 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 6.08Section, 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), Registration Rights Agreement (Comstock Oil & Gas, LP)
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 Section 6.08709 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 Section 6.08709, it shall resign immediately in the manner and with the effect hereinafter specified in this ArticleArticle VII.
Appears in 4 contracts
Samples: Supplemental Indenture (Graphic Packaging Holding Co), Graphic Packaging Holding Co, Graphic Packaging Holding Co
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, Statestate, territorial or the District of Columbia supervising or examining authority, then for the purposes of this Section 6.08Section, 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 6.08Section, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.
Appears in 4 contracts
Samples: Indenture (THL Credit, Inc.), Garrison Capital Inc., Horizon Technology Finance 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 Corporation publishes reports of condition at least annually, pursuant to law or to the requirements of federalFederal, State, territorial Territorial or District of Columbia supervising or examining authority, then for the purposes of this Section 6.08Section, the combined capital and surplus of such corporation 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 6.08Section, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.
Appears in 3 contracts
Samples: Indenture (Pseg Energy Holdings Inc), Pseg Fossil LLC, Pse&g Capital Trust Iii
Corporate Trustee Required; Eligibility. There shall be at all times a be an Trustee hereunder which shall be eligible to act as Trustee a trustee under TIA Section 310(a)(1310(a) of the Trust Indenture Act and shall have a combined capital and surplus of at least $50,000,000meet the Eligibility Requirements. If such corporation publishes reports of condition conditions 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 6.086.09, 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 conditions so published. If In case at any time the Trustee shall cease to be eligible in accordance with the provisions of this Section 6.086.09 to act as Trustee, it the Trustee shall resign immediately as Trustee in the manner and with the effect hereinafter specified in this ArticleSection 7.01 hereof.
Appears in 3 contracts
Samples: NPS Pharmaceuticals Inc, NPS Pharmaceuticals Inc, Indenture (Alkermes 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 federalFederal, State, territorial Territorial or District of Columbia supervising or examining authority, then for the purposes of this Section 6.08Section, 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 6.08Section, 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 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 million dollars ($50,000,000100,000,000). 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 Section 6.084.9, 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 6.084.9, it shall resign immediately in the manner and with the effect hereinafter specified in this ArticleArticle 4.
Appears in 3 contracts
Samples: Contingent Value Rights Agreement (Akorn Inc), Contingent Value Rights Agreement (Akorn Inc), Contingent Value Rights Agreement (Akorn 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 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 Section 6.084.9, 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 6.08Section, 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 (Celgene Corp /De/), Contingent Value Rights Agreement (Abraxis BioScience, Inc.)
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 federalFederal, State, territorial or District of Columbia supervising or examining authority, then for the purposes of this Section 6.08Section, 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 6.08Section, 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), Teligent 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 $50,000,00050.0 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 Section 6.08and 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 Section 6.08709, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.
Appears in 3 contracts
Samples: Indenture (Emergency Medical Services CORP), Hd Supply, Inc., Hd Supply, 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 federal, Statestate, territorial or District of Columbia supervising or examining authority, then for the purposes of this Section 6.087.07, 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 6.08Section, 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, www.mesquite-energy.com
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 Section 6.08Section, 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 6.08Section, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.
Appears in 3 contracts
Samples: Indenture (Telesat Canada), Supplemental Indenture (Infosat Communications LP), Supplemental Indenture (Infosat Communications LP)
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 TIA (as if the TIA were applicable hereto) 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 any supervising or examining authority, then for the purposes of this Section 6.08Section, 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 6.08Section, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.
Appears in 3 contracts
Samples: Indenture (Nuvasive Inc), Indenture (Nuvasive Inc), Indenture (Nuvasive 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 Trustee or Person publishes reports of condition at least annually, pursuant to law or to the requirements of federalFederal, State, territorial Territorial or District of Columbia supervising or examining authority, then for the purposes of this Section 6.08Section, 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 6.08Section, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.
Appears in 3 contracts
Samples: Unumprovident Financing Trust Iii, Unumprovident Financing Trust Iii, Union Planters 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, State, territorial or District of Columbia supervising or examining authority, then for the purposes of this Section 6.08Section, 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 6.08Section, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.
Appears in 3 contracts
Samples: Pacific Telesis Financing Iii, Pacific Telesis Financing Iii, Newell Co
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 $50,000,000250,000,000. If such corporation Person 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 6.08Section, 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 6.08Section, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.
Appears in 3 contracts
Samples: Oakwood Homes Corp, Oakwood Homes Corp, Oakwood Homes 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 $50,000,000500.0 million. 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 6.08Section, 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 6.08Section, it shall resign immediately in the manner and with the effect hereinafter specified in this ArticleArticle Six.
Appears in 2 contracts
Samples: St Charles Gaming Co Inc, Grand Palais Riverboat 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) of the Trust Indenture Act and shall have a combined capital and surplus of at least $50,000,000100.0 million. 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 6.08Section, 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 6.08607, it shall resign immediately in the manner and with the effect hereinafter specified in this ArticleArticle Six.
Appears in 2 contracts
Samples: Xerox Corp, Xerox 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, State, territorial Territorial or District of Columbia supervising or examining authority, then for the purposes of this Section 6.08Section, 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 6.08Section, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.
Appears in 2 contracts
Samples: Reconciliation And (Mindspring Enterprises Inc), Mindspring Enterprises 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, State, territorial Territorial or District of Columbia supervising or examining authority, then for the purposes of this Section 6.08Section, 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 6.08Section, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.
Appears in 2 contracts
Samples: Sixth Street Specialty Lending, Inc., 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 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 fifty million dollars ($50,000,000). 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 Section 6.08SECTION 4.8, 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 6.08SECTION 4.8, it shall resign immediately in the manner and with the effect hereinafter specified in this ArticleARTICLE 4.
Appears in 2 contracts
Samples: Contingent Value Rights Agreement (Wright Medical Group Inc), Contingent Value Rights Agreement (Wright Medical Group 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 Section 6.087.09 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 Section 6.087.09, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.
Appears in 2 contracts
Samples: Refinancing Agreement (Sirva Inc), Refinancing Agreement (Relocation Management Systems 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 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 Section 6.08SECTION 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 6.08SECTION 4.9, it shall resign immediately in the manner and with the effect hereinafter specified in this ArticleARTICLE4.
Appears in 2 contracts
Samples: Rights Agreement, Contingent Value Rights Agreement (Health Management Associates, 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 Trustee or Person publishes reports of condition at least annually, pursuant to law or to the requirements of federalFederal, Statestate, territorial Territorial or District of Columbia supervising or examining authority, then for the purposes of this Section 6.08Section, 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 6.08Section, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.
Appears in 2 contracts
Samples: Junior Subordinated Indenture (Delphi Financial Group Inc/De), Junior Subordinated Indenture (Delphi Financial Group Inc/De)
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 federalFederal, State, territorial or District of Columbia supervising or examining authority, then for the purposes of this Section 6.08Section, 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 6.08Section, 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)
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 United States federal, Statestate, territorial or District of Columbia supervising or examining authority, then for the purposes of this Section 6.08Section, 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 6.08Section, 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 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, State, territorial Territorial or the District of Columbia supervising or examining authority, then for the purposes of this Section 6.08607, 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 6.08607, 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.), Indenture (GSV 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 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 fifty million dollars ($50,000,000). 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 Section 6.084.9, 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 6.08Section, it shall resign immediately in the manner and with the effect hereinafter specified in this ArticleArticle 4.
Appears in 2 contracts
Samples: Contingent Value Rights Agreement (Cubist Pharmaceuticals Inc), Contingent Value Rights Agreement (Cubist Pharmaceuticals 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 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 million dollars ($50,000,000100,000,000). 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 Section 6.084.9, 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 6.08Section, it shall resign immediately in the manner and with the effect hereinafter specified in this ArticleArticle 4.
Appears in 2 contracts
Samples: Contingent Value Rights Agreement (Cubist Pharmaceuticals Inc), Agreement and Plan of Merger (Cubist Pharmaceuticals 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 federalFederal, State, territorial or District of Columbia supervising or examining authority, then for the purposes of this Section 6.08Section, 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 6.08Section, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.
Appears in 2 contracts
Samples: Suncor Energy Inc, 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 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 the Trustee 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 Section 6.084.9, the combined capital and surplus of such corporation the Trustee shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this Section 6.084.9, it shall resign immediately in the manner and with the effect hereinafter specified in this ArticleArticle IV.
Appears in 2 contracts
Samples: Assignment and Assumption Agreement (Cartesian Therapeutics, Inc.), Agreement and Plan of Merger (Selecta Biosciences Inc)
Corporate Trustee Required; Eligibility. (a) 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, State, territorial Territorial or District of Columbia supervising or examining authority, then for the purposes of this Section 6.08Section, 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 6.08Section, 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 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, Statestate, territorial or District of Columbia supervising or examining authority, then for the purposes of this Section 6.08Section, 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 6.08Section, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.
Appears in 2 contracts
Samples: Indenture (Royal Caribbean Cruises LTD), Royal Caribbean Cruises 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 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 6.08Section, 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 6.08607, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.
Appears in 2 contracts
Samples: Primus Telecommunications Group Inc, Primus Telecommunications Group 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 $50,000,00050.0 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 Section 6.08709 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 Section 6.08709, it shall resign immediately in the manner and with the effect hereinafter specified in this ArticleArticle 7.
Appears in 2 contracts
Samples: Collateral Trust Agreement (Tenneco Inc), Collateral Trust Agreement (Tenneco Inc)
Corporate Trustee Required; Eligibility. There shall be at all times a Trustee hereunder which shall be eligible to act as Trustee under TIA that satisfies the requirements of Section 310(a)(1310(a) of the Trust Indenture Act and shall have has a combined capital and surplus of at least $50,000,000US$150,000. If such corporation corporation, trust company or association 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 or any similar authority, then for the purposes of this Section 6.08Section 6.11, the combined capital and surplus of such corporation 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 6.08Section 6.11, it shall resign immediately in the manner and with the effect hereinafter specified in this ArticleSection 6.08.
Appears in 2 contracts
Samples: Mongolian (Energy Resources Rail LLC), Mongolian (Enrestechnology LLC)
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 federalFederal, State, territorial or District of Columbia supervising or examining authority, then for the purposes of this Section 6.08Section, 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 6.08Section, 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), 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 ). 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 federalFederal, State, territorial or District of Columbia supervising or examining authority, then for the purposes of this Section 6.08Section, 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 6.08Section, 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), Satisfaction And (Afa Products Inc)
Corporate Trustee Required; Eligibility. There shall be at all times a Trustee hereunder which with respect to each series of Securities, 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 federalFederal, State, territorial or District of Columbia supervising or examining authority, then for the purposes of this Section 6.08Section, 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 with respect to any series of Securities shall cease to be eligible in accordance with the provisions of this Section 6.08Section, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.
Appears in 2 contracts
Samples: Teligent Inc, Teligent 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 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 Section 6.08SECTION 4.8, 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 6.08SECTION 4.8, it shall resign immediately in the manner and with the effect hereinafter specified in this ArticleARTICLE 4.
Appears in 2 contracts
Samples: Contingent Value Rights Agreement (Biomimetic Therapeutics, Inc.), Contingent Value Rights Agreement (Wright Medical Group 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 Section 6.08709 103 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 Section 6.08709, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.
Appears in 2 contracts
Samples: Hertz Global Holdings Inc, Hertz Global 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, Statestate, territorial or District of Columbia supervising or examining authority, then then, for the purposes of this Section 6.08Section, 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 6.08Section, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.
Appears in 2 contracts
Samples: Indenture (Viacom International Inc /De/), Viacom 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 $50,000,000. 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 6.08Section, 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 6.08Section, 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), Intercreditor Agreement (Forida East Coast Railway L.L.C.)
Corporate Trustee Required; Eligibility. There The Trustee for each series of Securities hereunder 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 corporation that complies with the requirements of the Trust Indenture Act, having a combined capital and surplus of at least $50,000,000. If such corporation or other Person 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 6.08Section, the combined capital and surplus of such corporation or other Person shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If In case at any time the Trustee shall cease to be eligible in accordance with the provisions of this Section 6.08Section, it the Trustee shall resign immediately in the manner and with the effect hereinafter specified in this ArticleSection 7.10.
Appears in 2 contracts
Samples: Indenture (ICO Global Communications (Holdings) LTD), ICO Global Communications (Holdings) LTD
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 Section 6.086.7, 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 6.08Section, 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 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 fifty million dollars ($50,000,000). 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 Section 6.084.9, 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 6.084.9, it shall resign immediately in the manner and with the effect hereinafter specified in this ArticleArticle 4.
Appears in 1 contract
Samples: Contingent Value Rights Agreement (Alliancebernstein L.P.)
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)(13 1 0(a)(1) (whether or not this Indenture is then subject to the TIA) 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 a supervising or examining authority, then for the purposes of this Section 6.08Section, 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 6.08Section, it shall resign immediately in the manner and with the effect hereinafter specified in this ArticleSection 6.09.
Appears in 1 contract
Samples: Shareholders Agreement
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 6.08608, 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 6.08608, 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. (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 federalU.S. Federal, State, territorial or District of Columbia supervising or examining authority, then for the purposes of this Section 6.08Section, 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 6.08Section, 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 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 United States federal, Statestate, territorial or District of Columbia supervising or examining authority, then for the purposes of this Section 6.08Section, 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 6.08Section, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.
Appears in 1 contract
Samples: Indenture (Amvescap PLC/London/)
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 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 Section 6.08, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.
Appears in 1 contract
Samples: 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) ). 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 federalFederal, State, territorial or District of Columbia supervising or examining authority, then for the purposes of this Section 6.08Section, 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 6.08Section, 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 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, Statestate, territorial or District of Columbia supervising or examining authority, then for the purposes of this Section 6.085.7, 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 6.08Section, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.
Appears in 1 contract
Samples: 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 federal, Statestate, territorial or District of Columbia supervising or examining authority, then for the purposes of this Section 6.08Section, 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 6.08Section, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.
Appears in 1 contract
Samples: 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 federal, State, territorial or District of Columbia supervising or examining authority, then for the purposes of this Section 6.08Section, 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 6.08Section, 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 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, Statestate, territorial or District of Columbia supervising or examining authority, then for the purposes of this Section 6.08Section, 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 6.08Section, 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 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 federalany 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 Section 6.08section, 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 Section 6.08, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.
Appears in 1 contract
Samples: Xerox 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 Section 6.08SECTION 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 6.08SECTION 4.9, it shall resign immediately in the manner and with the effect hereinafter specified in this ArticleARTICLE 4.
Appears in 1 contract
Samples: Contingent Value Rights Agreement (Community Health Systems 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 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 (together with its Affiliates) of at least $50,000,000100,000,000. If such corporation Person 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 Section 6.083.8, 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 6.083.8, it shall resign immediately in the manner and with the effect hereinafter specified in this ArticleArticle 3.
Appears in 1 contract
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 federalFederal, State, territorial or District of Columbia supervising or examining authority, then for the purposes of this Section 6.08608, 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 6.08608, 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 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 federal, Statestate, territorial or District of Columbia supervising or examining authority, then for the purposes of this Section 6.08608, 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 6.08608, it shall resign immediately in the manner and with the effect hereinafter specified in this ArticleArticle Six.
Appears in 1 contract
Samples: East Coast Power 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 federalxxxxxxx, Statexxxxx, territorial xxxxxxxxxxx or District of Columbia supervising or examining authority, then for the purposes of this Section 6.08Section, 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 6.08Section, 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 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 federalany Federal, State, territorial Territorial or District of Columbia supervising or examining authority, then for the purposes of this Section 6.08Section, 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 6.08Section, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.
Appears in 1 contract
Samples: 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)(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 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 Section 6.08, it shall resign immediately in the manner and with the effect hereinafter specified in this ArticleArticle Six.
Appears in 1 contract
Samples: Supplemental Indenture (Academy Sports & Outdoors, Inc.)
Corporate Trustee Required; Eligibility. There shall be at all times be a Trustee hereunder which that 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 federala Federal, State, territorial or District of Columbia or foreign supervising or examining authority, then for the purposes of this Section 6.08, 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 6.08Section, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.
Appears in 1 contract
Samples: Indenture (HSBC Holdings PLC)
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 107 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 Section 6.08709 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 Section 6.08709, it shall resign immediately in the manner and with the effect hereinafter specified in this ArticleArticle VII.
Appears in 1 contract
Samples: Supplemental Indenture (Hertz 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)(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 federalFederal, State, territorial or District of Columbia supervising or examining authority, then for the purposes of this Section 6.08Section, 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 6.08Section, 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 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 6.08Section, the combined capital and surplus of such corporation shall be deemed to be its combined capital and surplus as - 51 - 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 6.08Section, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.
Appears in 1 contract
Samples: Indenture (Newell 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 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 federal, Statestate, territorial or District of Columbia supervising or examining authority, then for the purposes of this Section 6.08608, 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 6.08608, 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 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 Section 6.08and 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 Section 6.087.09, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.
Appears in 1 contract
Samples: Pledge and Guarantee Agreement (Consolidated Communications Texas Holdings, Inc.)
Corporate Trustee Required; Eligibility. There shall be at all times be a Trustee hereunder which shall be eligible a corporation organized and doing business under the laws of the United States, any State thereof or the District of Columbia, authorized under such laws to act as Trustee under TIA Section 310(a)(1) and shall have exercise corporate trust powers, having a combined capital and surplus of at least $50,000,000100,000,000 subject to supervision or examination by Federal State or District of Columbia authority. 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 said supervising or examining authority, then for the purposes of this Section 6.08Section, 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 6.08Section, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.
Appears in 1 contract
Samples: Indenture (Weyerhaeuser 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 $50,000,000. 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 6.08Section, 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 6.086.07, 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 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, Statestate, territorial or District of Columbia supervising or examining authority, then for the purposes of this Section 6.086.7, 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 6.08Section, it shall resign immediately in the manner and with the effect hereinafter specified in this Article. No obligor under the Securities or person directly or indirectly controlling, controlled by, or under common control with, such obligor shall serve as Trustee hereunder.
Appears in 1 contract
Samples: Indenture (Grant Geophysical 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, State, territorial Territorial or the District of Columbia supervising or examining authority, then for the purposes of this Section 6.08Section, 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 6.08Section, 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 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 fifty million dollars ($50,000,000). 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 Section 6.08SECTION 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 6.08SECTION 4.9, it shall resign immediately in the manner and with the effect hereinafter specified in this ArticleARTICLE 4.
Appears in 1 contract
Samples: Contingent Value Rights Agreement (Community Health Systems 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 any federal, Statestate, territorial or District of Columbia supervising or examining authority, then for the purposes of this Section 6.08Section, 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 6.08Section, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.
Appears in 1 contract
Samples: Indenture (Ibp 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) 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 federalFederal, State, territorial Territorial or District of Columbia supervising or examining authority, then for the purposes of this Section 6.08Section, 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 6.08Section, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.
Appears in 1 contract
Samples: Indenture (Viacom 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) (whether or not this Indenture is then subject to the TIA) 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 a supervising or examining authority, then for the purposes of this Section 6.08Section, 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 6.08Section, it shall resign immediately in the manner and with the effect hereinafter specified in this ArticleSection 6.09.
Appears in 1 contract
Samples: Indenture (Chrysler Group LLC)
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 federalFederal, State, territorial Territorial or District of Columbia supervising or examining authority, then for the purposes of this Section 6.08609, 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 6.08Section, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.
Appears in 1 contract
Samples: Presidential Life Corp
Corporate Trustee Required; Eligibility. There shall be at all times be a Trustee hereunder which shall qualified or to be eligible to act as Trustee qualified under TIA Trust Indenture Act Section 310(a)(1) and which shall have a combined capital and surplus of at least $50,000,00050,000,000 to the extent there is such an institution eligible and willing to serve. If such corporation the Trustee publishes reports of condition at least annually, pursuant to law or to the requirements of federalFederal, State, territorial Territorial or District of Columbia supervising or examining authority, then for the purposes of this Section 6.08608, the combined capital and surplus of such corporation the Trustee shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Trustee shall cease to be eligible in accordance with the provisions 66 of this Section 6.08608, 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 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 federalFederal, State, territorial or District of Columbia supervising or examining authority, then for the purposes of this Section 6.08Section, 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 6.08607, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.
Appears in 1 contract
Samples: Primus Telecommunications Group Inc