Common use of Eligibility; Disqualification Clause in Contracts

Eligibility; Disqualification. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section 310(a)(1), (2) and (5). The Trustee shall always have a combined capital and surplus of at least $25,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section 310(b).

Appears in 94 contracts

Samples: Senior Debt Indenture (Ameris Bancorp), Indenture (Broadstone Net Lease LLC), Senior Indenture (Global Ship Lease, Inc.)

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Eligibility; Disqualification. This Indenture The Trustee shall always have a Trustee who satisfies at all times satisfy the requirements of TIA Section Sections 310(a)(1), (2) and (5310(b). The Trustee (or its parent holding company) shall always have a combined capital and surplus of at least $25,000,000 50,000,000 as set forth in its most recent published annual report of condition. The Nothing herein contained shall prevent the Trustee shall comply from filing with the Commission the application referred to in the penultimate paragraph of TIA Section 310(b).

Appears in 54 contracts

Samples: Indenture (Apex Silver Mines LTD), Indenture (Best Buy Co Inc), Indenture (RPM International Inc/De/)

Eligibility; Disqualification. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section 310(a)(1), (2) and (5). The Trustee shall always have ) and has a combined capital and surplus of at least $25,000,000 as set forth in its most recent published annual report of condition50,000,000. The Trustee shall comply with TIA Section 310(b).

Appears in 37 contracts

Samples: Indenture (Inspire Veterinary Partners, Inc.), Indenture (RDE, Inc.), Indenture (Ispire Technology Inc.)

Eligibility; Disqualification. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section § 310(a)(1), (2) and (5). The Trustee shall always have a combined capital and surplus of at least $25,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section § 310(b).

Appears in 37 contracts

Samples: Indenture (Tigo Energy, Inc.), Indenture (Zentalis Pharmaceuticals, Inc.), Indenture (Smart Sand, Inc.)

Eligibility; Disqualification. This Indenture shall always have a Trustee who which satisfies the requirements of TIA Section 310(a)(1), (2) and (5). The Trustee shall always have a combined capital and surplus of at least $25,000,000 50,000,000 as set forth in its most recent published annual report of condition. The Trustee shall also comply with TIA Section 310(b).

Appears in 37 contracts

Samples: Indenture (Zion Oil & Gas Inc), Indenture (Zion Oil & Gas Inc), Indenture (Zion Oil & Gas Inc)

Eligibility; Disqualification. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section § 310(a)(1), ) and (2) and (5)in every respect. The Trustee (together with its corporate parent) shall always have a combined capital and surplus of at least $25,000,000 50,000,000 as set forth in its the most recent applicable published annual report of condition. The Trustee shall comply with TIA Section § 310(b), including the provision in § 310(b)(1).

Appears in 25 contracts

Samples: Indenture (Trilogy International Partners Inc.), Indenture (Meritage Homes CORP), Indenture (Meritage Homes CORP)

Eligibility; Disqualification. This (a) The Indenture Trustee shall always have a Trustee who satisfies at all times satisfy the requirements of TIA Section 310(a)(1), (2) and (5310(a). The Indenture Trustee or its parent shall always have a combined capital and surplus of at least $25,000,000 50,000,000 as set forth in its most recent published annual report of conditioncondition and shall have a long-term debt rating of investment grade by each of the Rating Agencies or shall otherwise be acceptable to each of the Rating Agencies. The Indenture Trustee shall comply with TIA Section 310(b).

Appears in 21 contracts

Samples: Indenture (Usaa Acceptance LLC), Indenture (Usaa Auto Owner Trust 2005-2), Indenture (Usaa Acceptance LLC)

Eligibility; Disqualification. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section 310(a)(1), (2) and (5). The Trustee shall always have a combined capital and surplus of at least $25,000,000 as set forth stated in its most recent published annual report of conditionSection 10.10. The Trustee shall comply with is subject to TIA Section 310(b)) regarding the disqualification of a trustee upon acquiring a conflicting interest.

Appears in 16 contracts

Samples: Indenture (Del Webb Corp), Indenture (Amkor International Holdings, LLC), Indenture (Vlsi Technology Inc)

Eligibility; Disqualification. This The Indenture Trustee shall always have a Trustee who satisfies at all times satisfy the requirements of TIA Section 310(a)(1), (2) and (5310(a). The Indenture Trustee or its parent shall always have a combined capital and surplus of at least $25,000,000 50,000,000 as set forth in its most recent published annual report of conditioncondition and shall have a long-term debt rating of investment grade by each of the Rating Agencies or shall otherwise be acceptable to each of the Rating Agencies. The Indenture Trustee shall comply with TIA Section 310(b).

Appears in 14 contracts

Samples: Indenture (Ford Credit Auto Receivables Two L P), Indenture (Pooled Auto Securities Shelf LLC), Indenture (Pooled Auto Securities Shelf LLC)

Eligibility; Disqualification. This Indenture shall always have a Trustee who that satisfies the requirements of TIA Section § 310(a)(1), (2) and (5)) in every respect. The Trustee shall always have a combined capital and surplus of at least $25,000,000 100 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section § 310(b); provided, however, that there shall be excluded from the operation of TIA § 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Issuer are outstanding if the requirements for such exclusion set forth in TIA § 310(b)(1) are met.

Appears in 13 contracts

Samples: Indenture (Ultra Petroleum Corp), Exchange Agreement (Ultra Petroleum Corp), Indenture (Ultra Petroleum Corp)

Eligibility; Disqualification. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section § 310(a)(1), (2) and (5). The Trustee shall always have a combined capital and surplus of at least $25,000,000 50,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section § 310(b).

Appears in 12 contracts

Samples: Indenture (Palantir Technologies Inc.), Indenture (Sunoco, LLC), Indenture (Transenterix, Inc.)

Eligibility; Disqualification. This The Indenture Trustee shall always have a Trustee who satisfies at all times satisfy the requirements of Section 310(a) of the TIA Section 310(a)(1), (2) and (5). The Trustee shall always in addition have a combined capital and surplus of at least $25,000,000 50,000,000 (as set forth in its most recent published annual report of condition) and shall have a long-term debt rating of “A” or better by Fitch and “A” or better by Standard & Poor’s or shall otherwise be acceptable to each Rating Agency. The Indenture Trustee shall comply with TIA satisfy the requirements of Section 310(b)) of the TIA.

Appears in 12 contracts

Samples: Indenture (Mercedes-Benz Auto Lease Trust 2021-B), Indenture (Mercedes-Benz Auto Lease Trust 2021-B), Indenture (Mercedes-Benz Auto Lease Trust 2020-B)

Eligibility; Disqualification. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section Sections 310(a)(1), (2) and (5)) in every respect. The Trustee shall always have a combined capital and surplus of at least $25,000,000 150,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section 310(b), including the provision in Section 310(b)(1).

Appears in 12 contracts

Samples: Indenture (Lamar Media Corp/De), Indenture (Lamar Advertising Co/New), Indenture (Lamar Media Corp/De)

Eligibility; Disqualification. This Indenture shall always have a The Trustee who satisfies will at all times satisfy the requirements of TIA Section 310(a)(1), (2) and (5310(a). The Trustee will at all times have (or shall always have be a member of a bank holding company system whose parent corporation has) a combined capital and surplus of at least $25,000,000 50,000,000 as set forth in its most recent recently published annual report of condition, which will be deemed for this paragraph to be its combined capital and surplus. The Trustee shall will comply with TIA Section 310(b).

Appears in 12 contracts

Samples: Indenture (National Storage Affiliates Trust), Indenture (National Storage Affiliates Trust), Indenture (Ready Capital Corp)

Eligibility; Disqualification. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section § 310(a)(1), ) and (2) and (5)in every respect. The Trustee (together with its corporate parent) shall always have a combined capital and surplus of at least $25,000,000 100,000,000 as set forth in its the most recent applicable published annual report of condition. The Trustee shall comply with TIA Section § 310(b), including the provision in § 310(b)(1).

Appears in 11 contracts

Samples: Indenture (M/I Homes, Inc.), Indenture (M/I Homes, Inc.), Indenture (M I Homes Inc)

Eligibility; Disqualification. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section ss. 310(a)(1), (2) and (5). The Trustee shall always have a combined capital and surplus of at least $25,000,000 10,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section ss. 310(b).

Appears in 10 contracts

Samples: Indenture (Collins & Aikman Products Co), Indenture (Collins & Aikman Products Co), Indenture (Key Production Co Inc)

Eligibility; Disqualification. This The Indenture Trustee shall always have a Trustee who satisfies at all times satisfy the requirements of Section 310(a) of the TIA Section 310(a)(1), (2) and (5). The Trustee shall always in addition have a combined capital and surplus of at least $25,000,000 50,000,000 (as set forth in its most recent published annual report of condition) and shall have a long-term debt rating of “A3” or better by Xxxxx’x and “A” or better by Standard & Poor’s or shall otherwise be acceptable to each Rating Agency. The Indenture Trustee shall comply with TIA satisfy the requirements of Section 310(b)) of the TIA.

Appears in 10 contracts

Samples: Indenture (Mercedes-Benz Auto Lease Trust 2023-A), Indenture (Mercedes-Benz Auto Lease Trust 2023-A), Indenture (Mercedes-Benz Auto Lease Trust 2021-A)

Eligibility; Disqualification. This Indenture The Trustee shall always have a Trustee who satisfies at all times satisfy the requirements of TIA Section Sections 310(a)(1), (2) and (5310(b). The Trustee (or its parent holding company) shall always have a combined capital and surplus of at least $25,000,000 50,000,000 as set forth in its most recent published annual report of condition. The Nothing herein contained shall prevent the Trustee shall comply from filing with the SEC the application referred to in the penultimate paragraph of TIA Section 310(b).

Appears in 9 contracts

Samples: Indenture (Amerus Group Co/Ia), Indenture (Amerus Group Co/Ia), Indenture (Xl Capital LTD)

Eligibility; Disqualification. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section 310(a)(1), (2) and (5). The Trustee shall always have a combined capital and surplus of at least $25,000,000 50,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section 310(b).

Appears in 9 contracts

Samples: Senior Indenture (Iron Mountain Inc), Senior Indenture (Iron Mountain Inc), Senior Indenture (Iron Mountain Inc)

Eligibility; Disqualification. This The Indenture Trustee shall always have a Trustee who satisfies at all times satisfy the requirements of TIA Section 310(a)(1), (2) and (5310(a). The Indenture Trustee or its parent shall always have a combined capital and surplus of at least $25,000,000 50,000,000 as set forth in its most recent published annual report of condition, and it shall have a long term, senior unsecured debt rating of investment grade or better by Standard & Poor’s and DBRS or shall otherwise be acceptable to each Rating Agency. The Indenture Trustee shall comply with TIA Section 310(b).

Appears in 9 contracts

Samples: Indenture (California Republic Auto Receivables Trust 2018-1), Indenture (California Republic Auto Receivables Trust 2018-1), Indenture (California Republic Auto Receivables Trust 2017-1)

Eligibility; Disqualification. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section Sections 310(a)(1), (2310(a)(2) and (5310(a)(5). The Trustee shall always have a combined capital and surplus of at least $25,000,000 100,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section 310(b).

Appears in 9 contracts

Samples: Indenture (First Guaranty Bancshares, Inc.), Subordinated Debt Securities Indenture (First Guaranty Bancshares, Inc.), Indenture (Esquire Financial Holdings, Inc.)

Eligibility; Disqualification. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section 310(a)(1), (2) and (5)) in every respect. The Trustee (together with its corporate parent) shall always have a combined capital and surplus of at least $25,000,000 50 million as set forth in its the most recent applicable published annual report of condition. The Trustee shall comply with TIA Section 310(b), including the provision in Section 310(b)(1).

Appears in 8 contracts

Samples: Indenture (Intertape Woven Products Services S.A. De C.V.), Indenture (R H Donnelley Corp), Indenture (Donnelley R H Inc)

Eligibility; Disqualification. This Indenture The Notes shall always have a Trustee who satisfies the requirements of TIA Section 310(a)(1), (2) and (5). The Trustee shall always have a combined capital and surplus of at least $25,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with is subject to TIA Section 310(b).

Appears in 8 contracts

Samples: Indenture (Owens-Illinois Group Inc), Indenture (Owens-Illinois Group Inc), Indenture (Owens Illinois Group Inc)

Eligibility; Disqualification. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section 310(a)(1), (2) and (5). The Trustee shall always have a combined capital and surplus of at least $25,000,000 1 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section 310(b).

Appears in 8 contracts

Samples: Indenture (Tamarack Funding Corp), Indenture (Tamarack Funding Corp), Indenture Agreement (Sovereign Credit Finance Ii Inc)

Eligibility; Disqualification. This The Indenture Trustee shall always have a Trustee who satisfies at all times satisfy the requirements of TIA Section 310(a)(1), (2) and (5310(a). The Indenture Trustee or its parent shall always have a combined capital and surplus of at least $25,000,000 50,000,000 as set forth in its most recent published annual report of conditioncondition and shall have a long term debt rating of “A-” or better by Standard & Poor’s and “A” or better by Fitch or shall otherwise be acceptable to each Rating Agency. The Indenture Trustee shall comply with TIA Section 310(b).

Appears in 8 contracts

Samples: Indenture (Mercedes-Benz Auto Receivables Trust 2023-2), Indenture (Mercedes-Benz Auto Receivables Trust 2023-2), Indenture (Mercedes-Benz Auto Receivables Trust 2023-1)

Eligibility; Disqualification. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section ss. 310(a)(1), (2) and (5). The Trustee shall always have a combined capital and surplus of at least $25,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section ss. 310(b).

Appears in 8 contracts

Samples: Senior Indenture (SFX Broadcasting Inc), Indenture (San Francisco Walls Inc), Subordinated Indenture (SFX Broadcasting Inc)

Eligibility; Disqualification. This Indenture shall always have a Trustee who that satisfies the requirements of TIA Section 310(a)(1), (2) and (5310(a). The Trustee shall always have a combined capital and surplus of at least $25,000,000 5,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section 310(b), provided that the question whether the Trustee has a conflicting interest shall be determined as if each series of Securities were separate issues of securities issued under separate indentures.

Appears in 8 contracts

Samples: Indenture (Lockheed Martin Corp), Indenture (Lockheed Martin Corp), Indenture (Lockheed Martin Corp)

Eligibility; Disqualification. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section 310(a)(1), ) and (2) and (5)in every respect. The Trustee shall always have a combined capital and surplus of at least $25,000,000 100,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section 310(b), including the provision in Section 310(b)(1).

Appears in 7 contracts

Samples: Indenture (Ski Lifts Inc), Indenture (Cityscape Corp), Indenture (TWP Capital Corp Ii)

Eligibility; Disqualification. This The Indenture Trustee shall always have a Trustee who satisfies at all times satisfy the requirements of TIA Section 310(a)(1), (2) and (5310(a). The Indenture Trustee or its parent shall always have a combined capital and surplus of at least $25,000,000 50,000,000 as set forth in its most recent published annual report of conditioncondition and shall have a long term debt rating of “A-” or better by Standard & Poor’s and “Baa3” or better by Xxxxx’x or shall otherwise be acceptable to each Rating Agency. The Indenture Trustee shall comply with TIA Section 310(b).

Appears in 7 contracts

Samples: Indenture (Mercedes-Benz Auto Receivables Trust 2022-1), Indenture (Mercedes-Benz Auto Receivables Trust 2021-1), Indenture (Mercedes-Benz Auto Receivables Trust 2021-1)

Eligibility; Disqualification. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section § 310(a)(1), ) and (2) and (5)in every respect. The Trustee shall always have a combined capital and surplus of at least $25,000,000 100,000,000 as set forth in its the most recent applicable published annual report of condition. The Trustee shall comply with TIA Section § 310(b); provided, however, that there shall be excluded from the operation of TIA § 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Issuers are outstanding if the requirements for such exclusion set forth in TIA § 310(b)(1) are met.

Appears in 7 contracts

Samples: Indenture (Crown Holdings Inc), Indenture (Crown Holdings Inc), Indenture (Crown Holdings Inc)

Eligibility; Disqualification. This Indenture The Trustee shall always have a Trustee who satisfies at all times satisfy the requirements of TIA Section ss. 310(a)(1), (2) and (5). The Trustee shall always have a combined capital and surplus of at least $25,000,000 10,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section ss. 310(b).

Appears in 7 contracts

Samples: Indenture (Montgomery Cellular Telephone Co Inc), Indenture (Pricellular Corp), Indenture (Price Communications Corp)

Eligibility; Disqualification. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section Sections 310(a)(1), (2) and (5)) in every respect. The Trustee shall always have a combined capital and surplus of at least $25,000,000 100,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section 310(b), including the provision in Section 310(b)(1).

Appears in 7 contracts

Samples: Indenture (Lamar Advertising Co/New), Indenture (American Signs Inc), Indenture (Scenic Outdoor Marketing of Consulting Inc)

Eligibility; Disqualification. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section 310(a)(1), (2) and (5). The Trustee shall always have a combined capital and surplus of at least $25,000,000 10,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section 310(b).

Appears in 6 contracts

Samples: Indenture (HPH Homebuilders 2000 Lp), Indenture (Beazer Homes Usa Inc), Indenture (Horton D R Inc /De/)

Eligibility; Disqualification. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section § 310(a)(1), ) and (2) and (5)in every respect. The Trustee (together with its corporate parent) shall always have a combined capital and surplus of at least $25,000,000 75,000,000 as set forth in its the most recent applicable published annual report of condition. The Trustee shall comply with TIA Section § 310(b), including the provision in § 310(b)(1).

Appears in 6 contracts

Samples: Indenture (William Lyon Homes Inc), Indenture (William Lyon Homes), Indenture (Idleaire Technologies Corp)

Eligibility; Disqualification. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section ss. 310(a)(1), (2) and (5). The Trustee shall always have a combined capital and surplus of at least $25,000,000 50,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section ss. 310(b), including the optional provision permitted by the second sentence of TIA ss. 310(b)(9).

Appears in 6 contracts

Samples: Indenture (Santa Anita Realty Enterprises Inc), Indenture (Interpool Inc), Indenture (Rent Way Inc)

Eligibility; Disqualification. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section 310(a)(1310(a) (1), (2) and (5). The Trustee shall always have a combined capital and surplus of at least $25,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section 310(b).

Appears in 6 contracts

Samples: Indenture (China Natural Resources Inc), Indenture (GTT Communications, Inc.), Indenture (Fusion Telecommunications International Inc)

Eligibility; Disqualification. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section (S) 310(a)(1), (2) and (5). The Trustee shall always have a combined capital and surplus of at least $25,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section (S) 310(b).

Appears in 6 contracts

Samples: Indenture (Sunburst Hospitality Corp), Indenture (Nike Inc), Indenture (Advanced Micro Devices Inc)

Eligibility; Disqualification. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section (S) 310(a)(1), (2) and (5). The Trustee shall always have a combined capital and surplus of at least $25,000,000 10,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section (S) 310(b).

Appears in 6 contracts

Samples: Indenture (Standard Pacific Corp /De/), Subordinated Debt Securities Indenture (Standard Pacific Corp /De/), Indenture (Standard Pacific Corp /De/)

Eligibility; Disqualification. This Indenture The Trustee shall always have a Trustee who satisfies at all times satisfy the requirements of TIA Section 310(a)(1), (2) and (5§ 310(a). The Trustee shall always have a combined capital and surplus of at least $25,000,000 50 million as set forth in its most recent published recently filed annual report of condition. The Trustee shall comply with TIA Section § 310(b).

Appears in 6 contracts

Samples: Indenture (Aar Corp), Indenture (Aar Corp), Indenture (PSS World Medical Inc)

Eligibility; Disqualification. This Indenture The Trustee shall always have a Trustee who satisfies at all times satisfy the requirements of TIA Section Sections 310(a)(1), (2) and (5310(b). The Trustee (or any parent holding company) shall always have a combined capital and surplus of at least $25,000,000 50,000,000 as set forth in its most recent published annual report of condition. The Nothing herein contained shall prevent the Trustee shall comply from filing with the Commission the application referred to in the penultimate paragraph of TIA Section 310(b).

Appears in 5 contracts

Samples: Indenture (School Specialty Inc), Indenture (Charming Shoppes Inc), Indenture (Parker Drilling Co /De/)

Eligibility; Disqualification. This Indenture shall must always have a Trustee who that satisfies the requirements of TIA Section 310(a)(1), (2310(a) and (5). The Trustee shall always have has a combined capital and surplus of at least $25,000,000 100,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with is subject to TIA Section 310(b).

Appears in 5 contracts

Samples: Senior Indenture (NXP Semiconductors N.V.), Senior Indenture (NXP Semiconductors N.V.), Senior Indenture (NXP Semiconductors N.V.)

Eligibility; Disqualification. This Indenture shall always have a Trustee who which satisfies the requirements of TIA Section 310(a)(1), (2S)310(a)(1) and (5). The Trustee shall always have a combined capital and surplus of at least $25,000,000 50,000,000 as set forth in its most recent published annual report of condition. The Trustee shall also comply with TIA Section 310(b(S)310(b).

Appears in 5 contracts

Samples: Indenture (Gothic Energy Corp), Indenture (Gothic Energy Corp), Indenture (Gothic Energy Corp)

Eligibility; Disqualification. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section § 310(a)(1), (2) and (5). The Trustee (or if the Trustee is a member of a bank holding system, its bank holding company) shall always have a combined capital and surplus of at least $25,000,000 as set forth stated in its most recent published annual report of conditionSection 12.10 hereof. The Trustee shall comply with is subject to TIA Section § 310(b).

Appears in 5 contracts

Samples: Indenture (Intevac Inc), Indenture (Intevac Inc), Indenture (Intevac Inc)

Eligibility; Disqualification. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section 310(a)(1), (2) and (5ss.310(a)(1). The Trustee shall always have a combined capital and surplus of at least $25,000,000 10,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section 310(bss.310(b).

Appears in 5 contracts

Samples: Indenture (Key Production Co Inc), Indenture (Key Production Co Inc), Indenture (MDC Holdings Inc)

Eligibility; Disqualification. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section 310(a)(1), (2) and (5). The Trustee shall always have a combined capital and surplus of at least $25,000,000 15,000,000 as set forth in its the most recent published annual report of condition. The Trustee shall comply with TIA Section 310(b).

Appears in 5 contracts

Samples: Indenture (Toll Corp), Indenture (Toll Brothers Inc), Indenture (Toll Brothers Inc)

Eligibility; Disqualification. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section 310(a)(1), (2) and (5). The Trustee shall always have a combined capital and surplus of at least $25,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section 310(b), including the optional provision permitted by the second sentence of TIA Section 310(b)(9).

Appears in 5 contracts

Samples: Indenture (Lexington Precision Corp), Indenture (Lexington Precision Corp), Indenture (Thorn Apple Valley Inc)

Eligibility; Disqualification. This Indenture The Trustee shall always have a Trustee who satisfies at all times satisfy the requirements of TIA Section 310(a)(1), (2) and (5TIA Section 310(a)(5). The Trustee shall always have a combined capital and surplus of at least $25,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section 310(b).

Appears in 5 contracts

Samples: Indenture (LSB Industries Inc), Indenture (Employee Solutions Inc), Indenture (Trump Communications LLC)

Eligibility; Disqualification. This Indenture The Trustee shall always have a Trustee who satisfies at all times satisfy the requirements of TIA Section 310(a)(1), (2) and (5Section 310(a)(5). The Trustee shall always have a combined capital and surplus of at least $25,000,000 50,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section 310(b).

Appears in 5 contracts

Samples: Indenture (McKesson Corp), Indenture (Wellsford Real Properties Inc), Indenture (Capital Trust)

Eligibility; Disqualification. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section § 310(a)(1), (2) and (5). The Trustee shall always have have, or be a subsidiary of a bank or bank holding company having, a combined capital and surplus of at least $25,000,000 50,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section § 310(b).

Appears in 4 contracts

Samples: Indenture (Phillips 66 Partners Lp), Indenture (Phillips 66 Partners Lp), Indenture (Phillips 66 Partners Lp)

Eligibility; Disqualification. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section ss. 310(a)(1), ) and (2) and (5)in every respect. The Trustee (together with its corporate parent) shall always have a combined capital and surplus of at least $25,000,000 100,000,000 as set forth in its the most recent applicable published annual report of condition. The Trustee shall comply with TIA Section ss. 310(b), including the provision in ss. 310(b)(1).

Appears in 4 contracts

Samples: Indenture (Oro Spanish Broadcasting Inc), Indenture (Massey Energy Co), Indenture (Imc Global Inc)

Eligibility; Disqualification. This Indenture shall always have a Trustee who that satisfies the requirements of TIA Section 310(a)(1), (2) and (5310(a). The Trustee shall always have a combined capital and surplus of at least $25,000,000 5,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section 310(b).

Appears in 4 contracts

Samples: Indenture (Lockheed Martin Corp), Indenture (Lockheed Martin Corp), Indenture (Lockheed Martin Corp)

Eligibility; Disqualification. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section 310(a)(1), (2) and (5). The Trustee, or if the Trustee is a member of a bank holding company system, its bank holding company, shall always have a combined capital and surplus of at least $25,000,000 as set forth stated in its most recent published annual report of conditionSection 12.10 hereof. The Trustee shall comply with is subject to TIA Section 310(b).

Appears in 4 contracts

Samples: Indenture (Coeur D Alene Mines Corp), Indenture (Coeur D Alene Mines Corp), Indenture (Coeur D Alene Mines Corp)

Eligibility; Disqualification. This Indenture The Trustee shall always have a Trustee who satisfies at all times satisfy the requirements of TIA Section Sections 310(a)(1), (2) and (5310(a)(2). The Trustee shall always have a combined capital and surplus of at least $25,000,000 50,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section 310(b). In determining whether the Trustee has conflicting interests as defined in TIA Section 310(b)(1), the provisions contained in the proviso to TIA Section 310(b)(1) shall be deemed incorporated herein.

Appears in 4 contracts

Samples: Indenture (Met Ed Capital Trust), Indenture (Penelec Capital Trust), Indenture (Metropolitan Edison Co)

Eligibility; Disqualification. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section § 310(a)(1), (2) and (5). The Trustee shall always have a combined capital and surplus of at least $25,000,000 as set forth stated in its most recent published annual report of conditionSection 10.09. The Trustee shall comply with is subject to TIA Section § 310(b), including the optional provision permitted by the second sentence of TIA § 310(b)(9).

Appears in 4 contracts

Samples: Indenture (Nortel Networks Corp), Indenture (Nortel Networks LTD), Indenture (Nortel Networks Corp)

Eligibility; Disqualification. This Indenture shall always have a Trustee who which satisfies the requirements of TIA Section 310(a)(1), (2) and (5). The Trustee shall always have a combined capital and surplus of at least $25,000,000 50 million as set forth in its most recent published annual report of condition. The Trustee shall also comply with TIA Section 310(b).

Appears in 4 contracts

Samples: Indenture (Esterline Technologies Corp), Indenture (Esterline Technologies Corp), Indenture (Esterline Technologies Corp)

Eligibility; Disqualification. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section 310(a)(1), (2) and (5). The Trustee shall always have ) and has a combined capital and surplus (together with its parent and Affiliates) of at least $25,000,000 as set forth in its most recent published annual report of condition50,000,000. The Trustee shall comply with TIA Section 310(b).

Appears in 4 contracts

Samples: Subordinated Indenture (Emagin Corp), Senior Indenture (Emagin Corp), Senior Indenture (Mimecast LTD)

Eligibility; Disqualification. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section ss. 310(a)(1), (2) and (5). The Trustee shall always have a combined capital and surplus of at least $25,000,000 50,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section ss. 310(b).

Appears in 4 contracts

Samples: Indenture (Alexion Pharmaceuticals Inc), Indenture (Venator Group Inc), Indenture (Charming Shoppes Inc)

Eligibility; Disqualification. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section 310(a)(1), 310 (2a) and (51). The Trustee shall always have a combined capital and surplus of at least $25,000,000 as set forth stated in its most recent published annual report of conditionSection 10.10. The Trustee shall comply with is subject to TIA Section 310(b)) regarding the disqualification of a trustee upon acquiring a conflicting interest.

Appears in 3 contracts

Samples: Indenture (Hutchinson Technology Inc), Indenture (Amkor Technology Inc), Indenture (Amkor International Holdings, LLC)

Eligibility; Disqualification. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section 310(a)(1), (2) and (5). The Trustee shall always have a combined capital and surplus of at least $25,000,000 as set forth stated in its most recent published annual report of conditionSection 11.10. The Trustee shall comply with is subject to TIA Section 310(b). Section 11.10 lists any excluded indenture or trust agreement.

Appears in 3 contracts

Samples: Indenture (Enstar Inc), Indenture (Enstar Inc), Indenture (Enstar Inc)

Eligibility; Disqualification. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section 310(a)(1), (2) and (5310(a). The Trustee shall always have a combined capital and surplus of at least $25,000,000 50 million (or be a member or subsidiary of a bank holding system with aggregate combined capital and surplus of at least $50 million) as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section 310(b).

Appears in 3 contracts

Samples: Indenture (Delta Financial Corp), Indenture (Delta Financial Corp), Indenture (Delta Financial Corp)

Eligibility; Disqualification. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section 310(a)(1), (2) and (5)) in every respect. The Trustee shall always have a combined capital and surplus of at least $25,000,000 100,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section 310(b), including the provision in Section 310(b)(1). The provisions of TIA Section 310 shall apply to the Issuers as obligors of the Notes.

Appears in 3 contracts

Samples: Indenture (Muzak Finance Corp), Indenture (Muzak Finance Corp), Indenture (Business Sound Inc)

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Eligibility; Disqualification. This Indenture The Trustee shall always have a Trustee who satisfies at all times satisfy the requirements of TIA Section 310(a)(1), (2) and (5Section 310(a)(5). The Trustee shall always have a combined capital and surplus of at least $25,000,000 50,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section 310(b).

Appears in 3 contracts

Samples: Indenture (Usg Corp), Indenture (Usg Corp), Indenture (Dean Foods Co)

Eligibility; Disqualification. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section §§310(a)(1), (2310(a)(2) and (5310(a)(5). The Trustee shall always have a combined capital and surplus of at least $25,000,000 as set forth stated in its most recent published annual report of conditionthe TIA. The Trustee shall comply with is subject to TIA Section §310(b), including the optional provision permitted by the second sentence of TIA §310(b)(9). Section 10.10 lists any excluded indenture or trust agreement.

Appears in 3 contracts

Samples: Indenture (1st FRANKLIN FINANCIAL CORP), Indenture (First Franklin Financial Corp), Indenture (First Franklin Financial Corp)

Eligibility; Disqualification. The Trustee will have a combined capital and surplus of at least $150,000 as set forth in its most recent filed annual report of condition. This Indenture shall will always have a Trustee who satisfies the requirements of TIA Section § 310(a)(1), (2) and (5). The Trustee shall always have a combined capital and surplus of at least $25,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with is subject to TIA Section § 310(b).

Appears in 3 contracts

Samples: Indenture (Neiman Marcus Group LTD LLC), Indenture (Neiman Marcus Group LTD LLC), Indenture (Neiman Marcus Group LTD LLC)

Eligibility; Disqualification. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section 310(a)(1), § 310 (2a) and (51). The Trustee shall always have a combined capital and surplus of at least $25,000,000 as set forth stated in its most recent published annual report of conditionSection 10.10. The Trustee shall comply with is subject to TIA Section § 310(b)) regarding the disqualification of a trustee upon acquiring a conflicting interest.

Appears in 3 contracts

Samples: Indenture (Guilford Pharmaceuticals Inc), Indenture (Credence Systems Corp), Indenture (Credence Systems Corp)

Eligibility; Disqualification. This Indenture shall always have a Trustee who that satisfies the requirements of TIA Section 310(a)(1), (2) and (5§ 310(a). The Trustee shall always have a combined capital and surplus of at least $25,000,000 50,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section § 310(b), provided that the question whether the Trustee has a conflicting interest shall be determined as if each Series of Securities were a separate issue of securities issued under separate indentures.

Appears in 3 contracts

Samples: Indenture (Martin Marietta Materials Inc), Indenture (Martin Marietta Materials Inc), Indenture Agreement (Martin Marietta Materials Inc)

Eligibility; Disqualification. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section Sections 310(a)(1), (2) and (5). The Trustee shall always have a combined capital and surplus of at least $25,000,000 10,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section Sections 310(b).

Appears in 3 contracts

Samples: Indenture (MDC Holdings Inc), Indenture (MDC Holdings Inc), Indenture (MDC Holdings Inc)

Eligibility; Disqualification. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section 310(a)(1xx.xx. 310(a) (1), (2) and (5). The Trustee shall always have a combined capital and surplus of at least $25,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section ss. 310(b).

Appears in 3 contracts

Samples: Indenture (Omnicom Finance Holdings PLC), Indenture (Omnicom Group Inc.), Indenture (Omnicom Finance Holdings PLC)

Eligibility; Disqualification. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section § 310(a)(1), (2) and (5). The Trustee shall always have a combined capital and surplus of at least $25,000,000 50,000,000 as set forth in its most recent published annual report of condition. The Trustee shall also comply with TIA Section § 310(b).

Appears in 3 contracts

Samples: Indenture (Leucadia National Corp), Indenture (Leucadia National Corp), Indenture (Leucadia National Corp)

Eligibility; Disqualification. This Indenture shall will always have a Trustee who satisfies the requirements of TIA Section § 310(a)(1), (2) and (5). The Trustee shall will always have a combined capital and surplus of at least $25,000,000 100,000,000 as set forth in its most recent published annual report of condition. The Trustee shall will comply with TIA Section § 310(b).

Appears in 3 contracts

Samples: Indenture (Metropcs Communications Inc), Indenture (MetroPCS Finance, Inc.), Indenture (MetroPCS Finance, Inc.)

Eligibility; Disqualification. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section 310(a)(1), (2) and (5)) in every respect. The Trustee shall always have a combined capital and surplus of at least $25,000,000 100,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section 310(b), including the provision in Section 310(b)(1).

Appears in 3 contracts

Samples: Indenture (Hayes Wheels International Inc), Indenture (Hayes Lemmerz International Inc), Indenture (MWC Acquisition Sub Inc)

Eligibility; Disqualification. This Indenture The Trustee shall always have a Trustee who satisfies at all times satisfy the requirements of TIA Section 310(a)(1), (2) and (5§ 310(a). The Trustee shall always have a combined capital and surplus of at least $25,000,000 50 million as set forth in its most recent published filed annual report of condition. The Trustee shall comply with TIA Section § 310(b).

Appears in 3 contracts

Samples: Indenture (Earth Products, Inc.), Indenture (Tango of Arundel, Inc.), Indenture (Kingsway Financial Services Inc)

Eligibility; Disqualification. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section §310(a)(1), (2) and (5)) in every respect. The Trustee (together with its corporate parent) shall always have a combined capital and surplus of at least $25,000,000 50 million as set forth in its the most recent applicable published annual report of condition. The Trustee shall comply with TIA Section §310(b), including the provision in §310(b)(1).

Appears in 3 contracts

Samples: Indenture (Catamaran PBM of Illinois II, Inc.), Indenture (Flir Systems Inc), Indenture (Flir Systems Inc)

Eligibility; Disqualification. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section 310(a)(1xx.xx. 310(a) (1), (2) and (5). The Trustee shall always have a combined capital and surplus of at least $25,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section xx.xx. 310(b).

Appears in 3 contracts

Samples: Indenture (Omnicom Group Inc), Indenture (Omnicom Group Inc), Indenture (Omnicom Group Inc)

Eligibility; Disqualification. This Indenture The Trustee shall always have a Trustee who satisfies at all times satisfy the requirements of TIA Section 310(a)(1), (2) and (5). The Trustee shall always have a combined capital and surplus of at least $25,000,000 50,000,000 as set forth in its most recent published annual report of condition. Neither the Company nor any person directly or indirectly controlling, controlled by or under common control with the Company shall serve as Trustee hereunder. The Trustee shall comply with TIA Section 310(b).

Appears in 3 contracts

Samples: Indenture (Wellpoint Health Networks Inc /Ca/), Indenture (FMC Corp), Indenture (Wellpoint Health Networks Inc /Ca/)

Eligibility; Disqualification. This Indenture The Trustee shall always have a Trustee who satisfies at all times satisfy the requirements of TIA Section 310(a)(1), (2) and (5§ 310(a). The Trustee shall always have a combined capital and surplus of at least $25,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section 310(b).least

Appears in 3 contracts

Samples: Indenture, Indenture, Indenture

Eligibility; Disqualification. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section 310(a)(1), (2) and (5)of the TIA. The Trustee shall always have a combined capital and surplus of at least $25,000,000 50,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section 310(b)) of the TIA, including the provision permitted by the second sentence of Section 310(b) of the TIA.

Appears in 3 contracts

Samples: Indenture (Southern Indiana Gas & Electric Co), Indenture (Vectren Utility Holdings Inc), Indenture (Vectren Utility Holdings Inc)

Eligibility; Disqualification. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section 310(a)(1), (2) and (5)) in every respect. The Trustee (together with its corporate parent) shall always have a combined capital and surplus of at least $25,000,000 50,000,000 as set forth in its the most recent applicable published annual report of condition. The Trustee shall comply with TIA Section 310(b), including the provision in Section 310(b)(1).

Appears in 3 contracts

Samples: Indenture (1295728 Alberta ULC), Indenture (Seminis Inc), Indenture (Seminis Inc)

Eligibility; Disqualification. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section 310(a)(1), (2) and (5). The Trustee shall always have a combined capital and surplus of at least $25,000,000 10 million as set forth in its most recent published annual report of condition. The Trustee shall comply with is subject to TIA Section 310(b), including the optional provision permitted by the second sentence of TIA Section 310(b)(9).

Appears in 3 contracts

Samples: Indenture (Rb Asset Inc), Indenture (Rb Asset Inc), Indenture (Rb Asset Inc)

Eligibility; Disqualification. This Indenture The Trustee shall always have a Trustee who satisfies at all times satisfy the requirements of TIA Section 310(a)(1), (2) and (5310(a). The Trustee shall always have a combined capital and surplus of at least $25,000,000 50 million as set forth in its most recent published filed annual report of condition. The Trustee shall comply with TIA Section 310(b).

Appears in 3 contracts

Samples: Indenture (Quiksilver Inc), Indenture (Tower Automotive Inc), Indenture (Quiksilver Inc)

Eligibility; Disqualification. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section (S) 310(a)(1), (2) and (5). The Trustee shall always have a combined capital and surplus of at least $25,000,000 50,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section (S) 310(b), including the optional provision permitted by the second sentence of TIA (S) 310(b)(9).

Appears in 3 contracts

Samples: Indenture (Assisted Living Concepts Inc), Indenture (Assisted Living Concepts Inc), Indenture (Assisted Living Concepts Inc)

Eligibility; Disqualification. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section 310(a)(1), (2) and (5). The Trustee shall always have a combined capital and surplus of at least $25,000,000 50.0 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section 310(b).

Appears in 3 contracts

Samples: Senior Indenture (Beverly Enterprises Inc), Subordinated Indenture (Beverly Enterprises Inc), Subordinated Indenture (Beverly Enterprises Inc)

Eligibility; Disqualification. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section (S) 310(a)(1), ) and (2) and (5)in every respect. The Trustee (together with its corporate parent) shall always have a combined capital and surplus of at least $25,000,000 100,000,000 as set forth in its the most recent applicable published annual report of condition. The Trustee shall comply with TIA Section (S) 310(b), including the provision in (S) 310(b)(1).

Appears in 3 contracts

Samples: Indenture (Sandhills Inc), Indenture (Pca International Inc), Indenture (Ipsco Inc)

Eligibility; Disqualification. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section (S) 310(a)(1), (2) and (5). The Trustee shall always have a combined capital and surplus of at least $25,000,000 100,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section (S) 310(b).

Appears in 3 contracts

Samples: Indenture (CNL American Properties Fund Inc), Indenture (CNL American Properties Fund Inc), Indenture (CNL American Properties Fund Inc)

Eligibility; Disqualification. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section 310(a)(1), (2) and (5s)310(a)(1). The Trustee shall always have a combined capital and surplus of at least $25,000,000 10,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with be subject to TIA Section 310(b(s)310(a).

Appears in 3 contracts

Samples: Indenture (Sizeler Property Investors Inc), Indenture (Sizeler Property Investors Inc), Indenture (Sizeler Property Investors Inc)

Eligibility; Disqualification. This Indenture shall always have a Trustee who which satisfies the requirements of TIA Section 310(a)(1), (2) and (5). The Trustee shall always have a combined capital and surplus of at least $25,000,000 50,000,000 as set forth in its most recent published annual report of condition. The Trustee shall also comply with TIA Section 310(b).

Appears in 3 contracts

Samples: Indenture (National Energy Group Inc), Indenture (Michael Petroleum Corp), Indenture (National Energy Group Inc)

Eligibility; Disqualification. This Indenture shall always have a Trustee who that satisfies the requirements of TIA Section § 310(a)(1), ) and (2) and (5)in every respect. The Trustee shall always have a combined capital and surplus of at least $25,000,000 50,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section § 310(b), including the provision in § 310(b)(1).

Appears in 2 contracts

Samples: Indenture (Paxson Communications Corp), Indenture (Paxson Communications Corp)

Eligibility; Disqualification. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section § 310(a)(1), ) and (2) and (5)in every respect. The Trustee shall always have a combined capital and surplus of at least $25,000,000 100,000,000 as set forth in its the most recent applicable published annual report of condition. The Trustee shall comply with TIA Section § 310(b), including the provision in § 310(b)(1).

Appears in 2 contracts

Samples: Indenture (General Cable Corp /De/), Indenture (General Cable Corp /De/)

Eligibility; Disqualification. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section §310(a)(1), (2) and (5). The Trustee shall always have a combined capital and surplus of at least $25,000,000 15,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section §310(b).

Appears in 2 contracts

Samples: Indenture (Toll Brothers Inc), Indenture (Toll Brothers Inc)

Eligibility; Disqualification. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section 310(a)(1), (2) and (5). The Trustee shall always have a combined capital and surplus of at least $25,000,000 50,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section 310(b). Nothing herein shall prevent the Trustee from filing with the SEC the application referred to in the second-to-last paragraph of TIA Section 310(b).

Appears in 2 contracts

Samples: Indenture (Calpine Corp), Indenture (Calpine Corp)

Eligibility; Disqualification. This Indenture The Trustee shall always have a Trustee who satisfies at all times satisfy the requirements of TIA Section 310(a)(1), (2) and (5§ 310(a). The Trustee shall always have a combined capital and surplus of at least $25,000,000 150 million as set forth in its most recent published filed annual report of condition. The Trustee shall comply with TIA Section § 310(b).

Appears in 2 contracts

Samples: Indenture (Columbus Energy Corp), Indenture (Cimarex Energy Co)

Eligibility; Disqualification. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section 310(a)(1), (2) and (5)) in every respect. The Trustee shall always have a combined capital and surplus of at least $25,000,000 100,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section 310(b), including the provision in Section 310(b)(1). The provisions of TIA Section 310 shall apply to the Issuer as obligor of the Notes.

Appears in 2 contracts

Samples: Indenture (Muzak Heart & Soul Foundation), Indenture (Muzak LLC)

Eligibility; Disqualification. This Indenture shall always have a Trustee who that satisfies the requirements of the TIA Section § 310(a)(1), (2) and (5)) in every respect. The Trustee shall always have a combined capital and surplus of at least $25,000,000 100 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section 310(b).

Appears in 2 contracts

Samples: Indenture (Basic Energy Services Inc), Indenture (CONSOL Mining Corp)

Eligibility; Disqualification. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section 310(a)(1), (2S) and (5310(a)(l). The Trustee shall always have a combined capital and surplus and undivided profits of at least $25,000,000 15,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with is subject to TIA Section (S) 310(b), including the optional provision permitted by the second sentence of TIA (S) 310(b)(9).

Appears in 2 contracts

Samples: Indenture (Southwest Water Co), Indenture (Southwest Water Co)

Eligibility; Disqualification. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section 310(a)(1), (2) and (5). The Trustee shall always have a combined capital and surplus of at least $25,000,000 100,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section 310(b).

Appears in 2 contracts

Samples: Indenture (Minter-Weisman Co), Indenture (Fleming Companies Inc /Ok/)

Eligibility; Disqualification. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section ss. 310(a)(1), ) and (2) and (5)in every respect. The Trustee shall always have a combined capital and surplus of at least $25,000,000 150,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section ss. 310(b), including the provision in ss. 310(b)(1).

Appears in 2 contracts

Samples: Indenture (United Industries Corp), Indenture (United Industries Corp)

Eligibility; Disqualification. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section § 310(a)(1), (2) and (5). The Trustee shall always have a combined capital and surplus of at least $25,000,000 as set forth stated in its most recent published annual report of conditionSection 10.11. The Trustee shall comply with is subject to TIA Section § 310(b)) regarding the disqualification of a trustee upon acquiring a conflicting interest.

Appears in 2 contracts

Samples: Indenture (Delta Air Lines Inc /De/), Indenture (Delta Air Lines Inc /De/)

Eligibility; Disqualification. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section (S) 310(a)(1), (2) and (5). The Trustee shall always have a combined capital and surplus of at least $25,000,000 50,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section (S) 310(b), including the provi- sion permitted by the second sentence of TIA (S) 310(b).

Appears in 2 contracts

Samples: Indenture (Coastal Corp), Indenture (Coastal Corp)

Eligibility; Disqualification. This Indenture The Trustee shall always have a Trustee who satisfies at all times satisfy the requirements of TIA Section 310(a)(1), (2) and (5). The Trustee and its direct parent or, in the case of a corporation included in a bank holding company system, the related bank holding company, shall always have a combined capital and surplus of at least $25,000,000 50,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section 310(b).

Appears in 2 contracts

Samples: Indenture (Antec Corp), Indenture (Antec Corp)

Eligibility; Disqualification. This Indenture The Trustee shall always have a Trustee who satisfies at all times satisfy the requirements of TIA Section (S) 310(a)(1), (2) and (5). The Trustee shall always have a combined capital and surplus of at least $25,000,000 25.0 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section (S) 310(b).

Appears in 2 contracts

Samples: Indenture (HMH Properties Inc), Indenture (HMH Properties Inc)

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