Corporate Trustee Required; Eligibility. There shall at all times be a Trustee hereunder which shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such and has a combined capital and surplus of at least $50,000,000. If such Person publishes reports of condition at least annually, pursuant to law or to the requirements of said supervising or examining authority, then for the purposes of this Section, the combined capital and surplus of such Person shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this Section, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.
Appears in 65 contracts
Samples: Indenture (Abbott Laboratories), Indenture (Abbott Laboratories), Indenture (Abbott Laboratories)
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 such Trustee under TIA Section 310(a)(1) and has shall have a combined capital and surplus of at least $50,000,000. If such Person corporation publishes reports of condition at least annually, pursuant to law or to the requirements of said Federal, State, territorial or District of Columbia supervising or examining authority, then for the purposes of this Section, the combined capital and surplus of such Person corporation shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this Section, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.
Appears in 27 contracts
Samples: Supplemental Indenture (SemGroup Corp), First Supplemental Indenture (Neurobiological Technologies Inc /Ca/), Indenture (CFP Holdings Inc)
Corporate Trustee Required; Eligibility. There shall at all times be a Trustee hereunder which shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such and has a combined capital and surplus of at least $50,000,000. If such Person publishes reports of condition at least annually, pursuant to law or to the requirements of said Federal, State, Territorial or District of Columbia supervising or examining authority, then for the purposes of this Section, the combined capital and surplus of such Person shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this Section, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.
Appears in 22 contracts
Samples: Indenture (Midamerican Energy Co), Indenture (Midamerican Energy Co), Indenture (Midamerican Energy Co)
Corporate Trustee Required; Eligibility. There shall at all times be a Trustee hereunder which shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such Trustee under TIA Section 310(a)(1) and has shall have a combined capital and surplus of at least $50,000,000. If such Person corporation publishes reports of condition at least annually, pursuant to law or to the requirements of said Federal, State, Territorial or District of Columbia supervising or examining authority, then for the purposes of this Section, the combined capital and surplus of such Person corporation shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this Section, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.
Appears in 18 contracts
Samples: Indenture (Medallion Financial Corp), Indenture (Medley LLC), Medallion Financial Corp
Corporate Trustee Required; Eligibility. There shall at all times be a Trustee hereunder which shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such Trustee under TIA Section 310(a)(1) and has shall have a combined capital and surplus of at least $50,000,000. If such Person corporation publishes reports of condition at least annually, pursuant to law or to the requirements of said federal, state, territorial or District of Columbia supervising or examining authority, then for the purposes of this SectionSection 5.7, the combined capital and surplus of such Person corporation shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this Section, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.
Appears in 17 contracts
Samples: Indenture (Comstock Oil & Gas GP, LLC), Indenture (Xto Energy Inc), Indenture (Xto Energy Inc)
Corporate Trustee Required; Eligibility. There shall at all times be a Trustee hereunder which shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such and has a combined capital and surplus of at least $50,000,000. If such Person publishes reports of condition at least annually, pursuant to law or to the requirements of said any federal or state supervising or examining authority, then for the purposes of this Section, the combined capital and surplus of such Person shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this Section, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.
Appears in 15 contracts
Samples: Syngenta Ag, Syngenta Finance N.V., Monsanto Finance Canada Co.
Corporate Trustee Required; Eligibility. There shall at all times be a Trustee hereunder which shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such Trustee under TIA Section 310(a)(1) and has shall have a combined capital and surplus of at least $50,000,000. If such Person corporation publishes reports of condition at least annually, pursuant to law or to the requirements of said federal, state, territorial or District of Columbia supervising or examining authority, then for the purposes of this Section, the combined capital and surplus of such Person corporation shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this Section, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.
Appears in 15 contracts
Samples: CBS Corp, Indenture (WhiteHorse Finance, Inc.), Indenture (WhiteHorse Finance, Inc.)
Corporate Trustee Required; Eligibility. There shall at all times be a Trustee hereunder which shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such and has a combined capital and surplus of at least $50,000,00050,000,000 and has its Corporate Trust Office in New York, New York. If such Person publishes reports of condition at least annually, pursuant to law or to the requirements of said supervising or examining authority, then for the purposes of this Section, the combined capital and surplus of such Person shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this Section, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.
Appears in 15 contracts
Samples: Indenture (Anntaylor Inc), Indenture (Calenergy Capital Trust Iii), Purchase Agreement (Warnaco Group Inc /De/)
Corporate Trustee Required; Eligibility. There shall at all times be a Trustee hereunder which shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such Trustee under TIA Section 310(a)(1) and has shall have a combined capital and surplus of at least $50,000,000. If such Person corporation publishes reports of condition at least annually, pursuant to law or to the requirements of said federal, state, territorial or District of Columbia supervising or examining authority, then for the purposes of this SectionSection 6.7, the combined capital and surplus of such Person corporation shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this Section, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.
Appears in 14 contracts
Samples: Fourth Supplemental Indenture (Comstock Oil & Gas GP, LLC), Indenture (Comstock Oil & Gas GP, LLC), Supplemental Indenture (KCS Energy Inc)
Corporate Trustee Required; Eligibility. There shall at all times be a Trustee hereunder which shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such and has a combined capital and surplus of at least $50,000,000. If such Person publishes reports of condition at least annually, pursuant to law or to the requirements of said its supervising or examining authority, then for the purposes of this Section, the combined capital and surplus of such Person shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this Section, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.
Appears in 10 contracts
Samples: First Supplemental Indenture (Washington Mutual Inc), Indenture (Resource America Inc), Indenture (Resource America Inc)
Corporate Trustee Required; Eligibility. There shall at all times be a Trustee hereunder which shall qualified or to be a Person that is eligible pursuant to the qualified under Trust Indenture Act to act as such Section 310(a)(1) and has which shall have a combined capital and surplus of at least $50,000,00050,000,000 to the extent there is such an institution eligible and willing to serve. If such Person the Trustee publishes reports of condition at least annually, pursuant to law or to the requirements of said Federal, State, Territorial or District of Columbia supervising or examining authority, then for the purposes of this SectionSection 608, the combined capital and surplus of such Person the Trustee shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this SectionSection 608, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.
Appears in 7 contracts
Samples: Indenture (CSC Holdings Inc), AMC Networks Inc., Indenture (CSC Holdings Inc)
Corporate Trustee Required; Eligibility. There shall at all times be a Trustee hereunder which shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such and has a combined capital and surplus of at least $50,000,00050,000,000 and subject to supervision or examination by Federal or state authority and its Corporate Trust Office in the United States of America. If such Person publishes reports of condition at least annually, pursuant to law or to the requirements of said supervising or examining authority, then for the purposes of this Section, the combined capital and surplus of such Person shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this Section, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.
Appears in 6 contracts
Samples: Ferro Corporation (Ferro Corp), Article Twelve (Ferro Corp), Ferro Corp
Corporate Trustee Required; Eligibility. There shall at all times be a Trustee hereunder which shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such and has a combined capital and surplus of at least $50,000,000. If such Person publishes reports of condition at least annually, pursuant to law or to the requirements of said supervising or examining authority, then for the purposes of this Section, the combined capital and surplus of such Person shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time 34 the Trustee shall cease to be eligible in accordance with the provisions of this Section, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.
Appears in 3 contracts
Samples: Fleetwood Enterprises Inc/De/, Fleetwood Enterprises Inc/De/, Fleetwood Capital Trust Iii
Corporate Trustee Required; Eligibility. There shall at all times be a Trustee hereunder which shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such Trustee under TIA Section 310(a)(1) and has shall have a combined capital and surplus of at least $50,000,00050 million. If such Person corporation publishes reports of condition at least annually, pursuant to law or to the requirements of said federal, state, territorial or District of Columbia supervising or examining authority, then for the purposes of this Section, the combined capital and surplus of such Person corporation shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this Section, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.
Appears in 3 contracts
Samples: Indenture (Fleming Companies Inc /Ok/), Fleming Companies Inc /Ok/, Fleming Companies Inc /Ok/
Corporate Trustee Required; Eligibility. There shall at all times be a Trustee hereunder which shall be a Person that which is eligible pursuant to the Trust Indenture Act to act as such and has a combined capital and surplus of at least $50,000,000. If such Person publishes reports of condition at least annually, pursuant to law or to the requirements of said supervising or examining authority, then for the purposes of this SectionSection and to the extent permitted by the Trust Indenture Act, the combined capital and surplus of such Person shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this Section, it shall resign immediately in the manner and with the effect hereinafter specified in this ArticleArticle VI.
Appears in 3 contracts
Samples: Indenture (St Paul Companies Inc /Mn/), St Paul Companies Inc /Mn/, St Paul Companies Inc /Mn/
Corporate Trustee Required; Eligibility. There shall at all times be a Trustee hereunder which shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such and has a combined capital and surplus of at least $50,000,00050,000,000 and its Corporate Trust Office in The City of New York. If such Person publishes reports of condition at least annually, pursuant to law or to the requirements of said supervising or examining authority, then for the purposes of this Section, the combined capital and surplus of such Person shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this Section, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.
Appears in 3 contracts
Samples: Indenture (Allegheny Energy Supply Co LLC), Heritage Media Corp, Allegheny Energy Supply Co 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 such Trustee under TIA Section 310(a)(1) and has shall have a combined capital and surplus of at least $50,000,000. If such Person corporation publishes reports of condition at least annually, pursuant to law or to the requirements of said federal, state, territorial or District of Columbia supervising or examining authority, then for the purposes of this Section, the combined capital and surplus of such Person corporation shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this Section, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.
Appears in 3 contracts
Samples: Indenture (Ascent Entertainment Group Inc), Pathnet Inc, Shop at Home Inc /Tn/
Corporate Trustee Required; Eligibility. There shall at all times be a Trustee hereunder which shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such and has shall have a combined capital and surplus of at least $50,000,000. If any such Person publishes reports of condition at least annually, pursuant to law or to the requirements of said its supervising or examining authority, then for the purposes of this SectionSection and to the extent permitted by the Trust Indenture Act, the combined capital and surplus of such Person shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Trustee with respect to the Securities of any series shall cease to be eligible in accordance with the provisions of this Section, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.
Appears in 3 contracts
Samples: Capstone Capital Corp, Healthcare Realty Trust Inc, Capstone Capital Corp
Corporate Trustee Required; Eligibility. There shall at all times be a Trustee hereunder which shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such and has a combined capital and surplus of at least $50,000,00050,000,000 and has its Corporate Trust Office in Wilmington, Delaware. If such Person publishes reports of condition at least annually, pursuant to law or to the requirements of said supervising or examining authority, then for the purposes of this Section, the combined capital and surplus of such Person shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this Section, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.
Appears in 3 contracts
Samples: Indenture (Continental Airlines Inc /De/), Purchase Agreement (Carriage Services Inc), Indenture (Hanover Compressor Capital Trust)
Corporate Trustee Required; Eligibility. There shall at all times be a Trustee hereunder which shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such and has a combined capital and surplus of at least $50,000,000. If such Person publishes reports of condition at least annually, pursuant to law or to the requirements of said supervising or examining authority, then for the purposes of this Section, Section the combined capital and surplus of such Person shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this Section, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.
Appears in 3 contracts
Samples: Indenture (Surety Capital Corp /De/), Bank United Corp, Bank United Corp
Corporate Trustee Required; Eligibility. There shall will at all times be a Trustee one or more Trustees hereunder with respect to the Securities of each series, at least one of which shall will be a Person that is eligible pursuant to the Trust Indenture Act to act as such and has a combined capital and surplus of at least $50,000,000100,000,000. If such Person publishes reports of condition at least annually, pursuant to law or to the requirements of said a supervising or examining state or federal authority, then for the purposes of this SectionSection 9.08, the combined capital and surplus of such Person shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this SectionSection 9.08, it shall will resign immediately in the manner and with the effect hereinafter specified in this ArticleArticle IX.
Appears in 2 contracts
Samples: Louisiana Pacific Corp, Louisiana Pacific Corp
Corporate Trustee Required; Eligibility. There shall be at all times be a Trustee hereunder which shall be a Person that is eligible pursuant to act as Trustee under Section 310(a)(1) of the Trust Indenture Act to act as such and has shall have a combined capital and surplus of at least $50,000,000. If such Person corporation publishes reports of condition at least annually, pursuant to law or to the requirements of said Federal, State, territorial or District of Columbia supervising or examining authority, then for the purposes of this Section, the combined capital and surplus of such Person corporation shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this Section, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.
Appears in 2 contracts
Samples: Indenture (Transalta Corp), Indenture (Transalta Corp)
Corporate Trustee Required; Eligibility. There shall at all times be a Trustee hereunder which shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such and has a combined capital and surplus (or the parent holding company of which has a combined capital and surplus) of at least $50,000,000. If such Person publishes reports of condition at least annually, pursuant to law or to the requirements of said supervising or examining authority, then for the purposes of this Section, the combined capital and surplus of such Person (or parent holding company thereof) shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Trustee with respect to any series of Securities shall cease to be eligible in accordance with the provisions of this Section, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.
Appears in 2 contracts
Corporate Trustee Required; Eligibility. There shall at all times be a Trustee hereunder which shall be a Person that is eligible pursuant to the Trust Indenture Act qualified to act as such Trustee under TIA Section 310(a)(1) and has shall have a combined capital and surplus of at least $50,000,000. If such Person corporation publishes reports of condition at least annually, pursuant to law or to the requirements of said any federal, state, territorial or District of Columbia supervising or examining authority, then for the purposes of this Section, the combined capital and surplus of such Person corporation shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this Section, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.
Appears in 2 contracts
Samples: Senior Note Indenture (Avnet Inc), Avnet Inc
Corporate Trustee Required; Eligibility. There shall at all times be a Trustee hereunder which shall be a Person that is eligible pursuant to act as Trustee under Section 310(a)(1) of the Trust Indenture Act to act as such and has shall have a combined capital and surplus of at least $50,000,000. If such Person corporation publishes reports of condition at least annually, pursuant to law or to the requirements of said any Federal, State, Territorial or District of Columbia supervising or examining authority, then for the purposes of this Section, the combined capital and surplus of such Person corporation shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this Section, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.
Appears in 2 contracts
Samples: Indenture (Ambac Financial Group Inc), Indenture (Ambac Financial Group Inc)
Corporate Trustee Required; Eligibility. There shall at all times be a Trustee hereunder which shall be a Person that is eligible pursuant to the Trust Trustee Indenture Act to act as such and has a combined capital and surplus of at least $50,000,00040,000,000. If such Person publishes reports of condition at least annually, pursuant to law or to the requirements of said any supervising or examining authority, then for the purposes of this Section, the combined capital and surplus of such Person shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this Section, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.
Appears in 1 contract
Samples: Buffets Inc
Corporate Trustee Required; Eligibility. There shall at all times be a Trustee hereunder which shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such and has a combined capital and surplus of at least $50,000,00050,000,000 and has an office in the Borough of Manhattan, The City of New York. If such Person publishes reports of condition at least annually, pursuant to law or to the requirements of said supervising or examining authority, then for the purposes of this Section, the combined capital and surplus of such Person shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this Section, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.
Appears in 1 contract
Samples: Messer Griesheim Holding Ag
Corporate Trustee Required; Eligibility. There shall at all times be a Trustee hereunder which shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such and has a combined capital and surplus of at least $50,000,000. If such Person publishes reports of condition at least annually, pursuant to law or to the requirements of said supervising or examining authority, then for the purposes of this Section, the combined capital and surplus of such Person shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Trustee shall cease to be eligible in accordance accor dance with the provisions of this Section, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.
Appears in 1 contract
Corporate Trustee Required; Eligibility. There shall at all times be a one (and only one) Trustee hereunder which shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such and has a combined capital and surplus of at least $50,000,000. If any such Person publishes reports of condition at least annually, pursuant to law or to the requirements of said its supervising or examining authority, then for the purposes of this SectionSection and to the extent permitted by the Trust Indenture Act, the combined capital and surplus of such Person shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this Section, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.
Appears in 1 contract
Samples: Scholastic Corp
Corporate Trustee Required; Eligibility. There shall at all times be a Trustee hereunder which shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such and has a combined capital and surplus of at least $50,000,00025,000,000 and subject to supervision or examination by Federal or State authority. If such Person publishes reports of condition at least annually, pursuant to law or to the requirements of said supervising or examining authority, then for the purposes of this Section, the combined capital and surplus of such Person shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this Section, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.
Appears in 1 contract
Corporate Trustee Required; Eligibility. There shall at all times be a Trustee hereunder which shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such and has a combined capital and surplus of at least $50,000,00050,000,000 and has a Corporate Trust Office in the United States of America. If such Person publishes reports of condition at least annually, pursuant to law or to the requirements of said supervising or examining authority, then for the purposes purpose of this Section, the combined capital and surplus of such Person shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this Section, it It shall resign immediately in the manner and with the effect hereinafter specified in this Article.
Appears in 1 contract
Samples: Purchase Agreement (Zenith National Insurance Corp)
Corporate Trustee Required; Eligibility. There shall at all times be a Trustee hereunder which shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such Trustee under TIA Section 310(a)(1) and has shall have a combined capital and surplus of at least $50,000,00050.0 million. If such Person corporation publishes reports of condition at least annually, pursuant to law or to the requirements of said federal, state, territorial or District of Columbia supervising or examining authority, then for the purposes of this Section, the combined capital and surplus of such Person corporation shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this Section, it shall resign immediately promptly in the manner and with the effect hereinafter specified in this Article.
Appears in 1 contract
Samples: United Stationers Supply Co
Corporate Trustee Required; Eligibility. There shall at all times be a Trustee hereunder which shall be a Person that is eligible pursuant to corporation which satisfies the requirements of Section 3.10(a) of the Trust Indenture Act to act as such and which has a combined capital and surplus of at least not less than $50,000,000. If such Person corporation publishes reports of condition at least annually, pursuant to law or to the requirements of said a supervising or examining authority, then for the purposes of this Section, the combined capital and surplus of such Person corporation shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this Section, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.
Appears in 1 contract
Corporate Trustee Required; Eligibility. There shall at all times be a Trustee hereunder which shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such and has a combined capital and surplus of at least $50,000,000. If such Person publishes reports of condition at least annually, pursuant to law or to the requirements of said 44 supervising or examining authority, then for the purposes of this Section, the combined capital and surplus of such Person shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this Section, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.
Appears in 1 contract
Corporate Trustee Required; Eligibility. There shall at all times be a Trustee hereunder which shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such and has a combined capital and surplus of at least $50,000,00050,000,000 and its Corporate Trust Office in New York. If such Person publishes reports of condition at least annually, pursuant to law or to the requirements of said supervising or examining authority, then for the purposes of this Section, the combined capital and surplus of such Person shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this Section, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.
Appears in 1 contract
Samples: Microsoft Corp
Corporate Trustee Required; Eligibility. There shall at all times be a Trustee hereunder appointed by the Company which shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such and has a combined capital and surplus of at least $50,000,000such. If such Person publishes reports of condition at least annually, pursuant to law or to the requirements of said its federal, state, District of Columbia or territorial supervising or examining authority, then for the purposes of this Section, the combined capital and surplus of such Person shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this Section, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.
Appears in 1 contract
Samples: Suiza Foods Corp
Corporate Trustee Required; Eligibility. There The Trustee shall at all times be a Trustee hereunder which shall be a Person that is organized and doing business under the laws of the United States or any State or the District of Columbia eligible pursuant to the Trust Indenture Act to act as such Trustee under TIA Section 310(a)(1) and has shall have a combined capital and surplus of at least $US$50,000,000. If such Person publishes reports of condition at least annually, pursuant to law or to the requirements of said the aforesaid supervising or examining authority, then for the purposes of this Section, the combined capital and surplus of such Person shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this Section, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.
Appears in 1 contract
Samples: Southern Peru LTD
Corporate Trustee Required; Eligibility. There shall at all times be a Trustee hereunder which shall be a Person that is eligible pursuant to the act as Trustee under Trust Indenture Act to act as such Section 310(a)(1) and has which shall have a combined capital and surplus of at least $50,000,00025,000,000 to the extent there is such an institution eligible and willing to serve. If such Person corporation publishes reports of condition at least annually, pursuant to law or to the requirements of said Federal, State, Territorial or District of Columbia supervising or examining authority, then for the purposes of this Section, the combined capital and surplus of such Person corporation shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this Section, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.
Appears in 1 contract
Samples: Cablevision Systems Corp
Corporate Trustee Required; Eligibility. There shall at all times be a Trustee hereunder which shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such and has a combined capital and surplus of at least $50,000,00050,000,000 and has an office located in the Borough of Manhattan, The City of New York. If such Person publishes reports of condition at least annually, pursuant to law or to the requirements of said its supervising or examining authority, then for the purposes of this SectionSection 7.09, the combined capital and surplus of such Person shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this SectionSection 7.09, it shall resign immediately in the manner and with the effect hereinafter specified in this ArticleArticle 7.
Appears in 1 contract
Samples: Jetblue Airways Corp
Corporate Trustee Required; Eligibility. There shall at all times be a Trustee hereunder which shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such and has a combined capital and surplus of at least $50,000,00050,000,000 and has its Corporate Trust Office in New York, New York or Wilmington, Delaware. If such Person publishes reports of condition at least annually, pursuant to law or to the requirements of said supervising or examining authority, then for the purposes of this Section, the combined capital and surplus of such Person shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this Section, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.
Appears in 1 contract
Samples: Indenture (Cccisg Capital Trust)
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 such and has a combined capital and surplus of at least $50,000,000100,000,000. If such Person publishes reports of condition at least annually, pursuant to law or to the requirements of said supervising or examining authority, then for the purposes of this Section, the combined capital and surplus of such Person shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this Section, it shall resign immediately in the manner and with the effect hereinafter hereunder specified in this Article.
Appears in 1 contract
Samples: Indenture (Wabash National Corp /De)
Corporate Trustee Required; Eligibility. There shall at all times be a Trustee hereunder which shall be a Person that is eligible pursuant to the Trust Indenture Act to act as such and has a combined capital and surplus of at least $50,000,000. If such Person publishes reports of condition at least annually, pursuant to law or to the requirements of said supervising or examining authority, then for the purposes of this Section, Section the combined capital and surplus of such Person shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this Sectionsection, it shall resign immediately in the manner and with the effect hereinafter specified in this Article.
Appears in 1 contract
Samples: Bank United Corp