ELIGIBILITY AND DISQUALIFICATION Sample Clauses

ELIGIBILITY AND DISQUALIFICATION. This Deed shall always have a Note Trustee which shall be eligible to act as Note Trustee under Trust Indenture Act Sections 310(a)(1) and 310(a)(2). The Note Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition. If the Note Trustee has or shall acquire any "CONFLICTING INTEREST" within the meaning of Trust Indenture Act Section 310(b), the Note Trustee and the Current Issuer shall comply with the provisions of Trust Indenture Act Section 310(b); provided, however, that there shall be excluded from the operation of Trust Indenture Act Section 310(b)(1) any deed or deeds under which other securities or certificates of interest or participation in other securities of the Current Issuer are outstanding if the requirements for such exclusion set forth in Trust Indenture Act Section 310(b)(1) are met. If at any time the Note Trustee shall cease to be eligible in accordance with the provisions of this Clause 14.2 (Eligibility and Disqualification), the Note Trustee shall resign promptly in the manner and with the effect specified in Clause 14.5 (Retirement or Removal of Note Trustee).
Sample 1Sample 2Sample 3See All (13)
AutoNDA by SimpleDocs
ELIGIBILITY AND DISQUALIFICATION. This Deed shall always have a Note Trustee which shall be eligible to act as Note Trustee under Trust Indenture Act Sections 310(a)(1) and 310(a)(2). The Note Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition. If the Note Trustee has or shall acquire any "conflicting interest" within the meaning of Trust Indenture Act Section 310(b), the Note Trustee and the Current Issuer shall comply with the provisions of Trust Indenture Act Section 310(b); provided, however,
Sample 1Sample 2Sample 3See All (12)
ELIGIBILITY AND DISQUALIFICATION. The Xxxxxx may, at its absolute discretion:
Sample 1Sample 2Sample 3See All (11)
ELIGIBILITY AND DISQUALIFICATION. New Note Trustee; Separate And Co-Note Trustees; Note Trustee Information............................................................................39
Sample 1See All (7)
ELIGIBILITY AND DISQUALIFICATION. New Note Trustee; Separate And Co-Note Trustees; Note Trustee Information....................................................................................40 20. Note Trustee's Retirement And Removal..........................................................41 21. Note Trustee's Powers Additional...............................................................42 22. Notices........................................................................................42 23. Governing Law And Jurisdiction.................................................................43 24.
Sample 1
ELIGIBILITY AND DISQUALIFICATION. There shall at all times be a Trustee hereunder that is a Person organized and doing business under the laws of Canada or of any province thereof that is authorized under such laws to carry on the business of a trust company. 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 specified in this Article.
Sample 1
ELIGIBILITY AND DISQUALIFICATION. This Note Trust Deed shall always have a Note Trustee which shall be eligible to act as Note Trustee under Sections 310(a)(1), 310(a)(2) and 310(a)(5) of the TIA. The Note Trustee shall have a combined capital and surplus of at least U.S.$150,000,000 as set forth in its most recent published annual report of condition. If the Note Trustee has or shall acquire any "conflicting interest" within the meaning of Section 310(b) of the TIA, the Note Trustee and the Issuing Entity shall comply with the provisions of Section 310(b) of the TIA PROVIDED, HOWEVER, THAT there shall be excluded from the operation of Section 310(b)(1) of the TIA any deed or deeds under which other securities or certificates of interest or participation in other securities of the Issuing Entity are outstanding if the requirements for such exclusion set forth in Section 310(b)(1) of the TIA are met. If at any time the Note Trustee shall cease to be eligible in accordance with the provisions of this Clause 16.1, the Note Trustee shall resign promptly in the manner and with the effect specified in Clause 16.4 (Retirement of Note Trustees).
Sample 1
AutoNDA by SimpleDocs

Related to ELIGIBILITY AND DISQUALIFICATION

  • Eligibility; Disqualification There will at all times be a Trustee hereunder that is a corporation organized and doing business under the laws of the United States of America or of any state thereof that is authorized under such laws to exercise corporate trustee power, that is subject to supervision or examination by federal or state authorities and that has a combined capital and surplus of at least $100.0 million as set forth in its most recent published annual report of condition. This Indenture will always have a Trustee who satisfies the requirements of TIA § 310(a)(1), (2) and (5). The Trustee is subject to TIA § 310(b).

  • Rule 144A Eligibility On the Closing Date, the Securities will not be of the same class as securities listed on a national securities exchange registered under Section 6 of the Exchange Act or quoted in an automated inter-dealer quotation system; and each of the Preliminary Offering Memorandum and the Offering Memorandum, as of its respective date, contains or will contain all the information that, if requested by a prospective purchaser of the Securities, would be required to be provided to such prospective purchaser pursuant to Rule 144A(d)(4) under the Securities Act.

  • Disqualification The Adviser shall immediately notify the Trustees of the occurrence of any event which would disqualify the Adviser from serving as an investment adviser of an investment company pursuant to Section 9 of the 1940 Act or any other applicable statute or regulation.

  • Qualifications, Legal Investment All authorizations, approvals, or permits, if any, of any governmental authority or regulatory body of the United States or of any state that are required in connection with the lawful sale and issuance of the Securities and Warrant Shares shall have been duly obtained and shall be effective on and as of the Closing. No stop order or other order enjoining the sale of the Securities or Warrant Shares shall have been issued and no proceedings for such purpose shall be pending or, to the knowledge of the Company, threatened by the SEC, or any commissioner of corporations or similar officer of any state having jurisdiction over this transaction. At the time of the Closing, the sale and issuance of the Securities and Warrant Shares shall be legally permitted by all laws and regulations to which Purchasers and the Company are subject. No litigation, statute, rule, regulation, executive order, decree, ruling or injunction will have been enacted, entered, promulgated or endorsed by or in any court or governmental authority of competent jurisdiction or any self-regulatory organization having authority over the matters contemplated hereby which prohibits the consummation of any of the transactions contemplated by this Agreement.

  • S-3 Eligibility (i) At the time of filing the Registration Statement and (ii) at the time of the most recent amendment thereto for the purposes of complying with Section 10(a)(3) of the Securities Act (whether such amendment was by post-effective amendment, incorporated report filed pursuant to Section 13 or 15(d) of the Exchange Act or form of prospectus), the Company met the then applicable requirements for use of Form S-3 under the Securities Act, including compliance with General Instruction I.B.1 of Form S-3.

  • Tax Qualification Each Employee Benefit Plan intended to be qualified under Section 401(a) of the Code has been determined to be so qualified by the Internal Revenue Service and nothing has occurred since the date of the last such determination which resulted or is likely to result in the revocation of such determination.

Time is Money Join Law Insider Premium to draft better contracts faster.