Common use of Eligibility; Disqualification Clause in Contracts

Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section 310(a). The 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. The Trustee shall comply with TIA Section 310(b); provided, however, that there shall be excluded from the operation of TIA Section 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA Section 310(b)(1) are met.

Appears in 46 contracts

Samples: Indenture (Stanley Works), Indenture (Black & Decker Corp), Purchase Agreement (Amh Holdings, LLC)

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Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section § 310(a). The 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. The Trustee shall comply with TIA Section § 310(b); provided, however, that there shall be excluded from the operation of TIA Section § 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA Section § 310(b)(1) are met.

Appears in 45 contracts

Samples: Indenture (Credit Acceptance Corp), Indenture (Credit Acceptance Corp), Indenture (William Lyon Homes)

Eligibility; Disqualification. The This Indenture shall always have a Trustee shall at all times satisfy that satisfies the requirements of TIA Section 310(a§ 310(a)(1), (2) and (5) in every respect. The Trustee shall have a combined capital and surplus of at least $50,000,000 100 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 Section § 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA Section § 310(b)(1) are met.

Appears in 27 contracts

Samples: Indenture (CNX Resources Corp), Indenture (CNX Resources Corp), Indenture (CNX Resources Corp)

Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section § 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 50.0 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section § 310(b); provided, however, that there shall be excluded from the operation of TIA Section § 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA Section § 310(b)(1) are met.

Appears in 23 contracts

Samples: Senior Indenture (Ingersoll Rand Inc.), Senior Indenture (Ingersoll Rand Inc.), Indenture (Fossil Group, Inc.)

Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section ss. 310(a). The 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. The Trustee shall comply with TIA Section ss. 310(b); provided, however, that there shall be excluded from the operation of TIA Section 310(b)(1ss. 310(b) (1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA Section ss. 310(b)(1) are met.

Appears in 21 contracts

Samples: Indenture (Rev Holdings LLC), Indenture (Rev Holdings LLC), Indenture (CFM v R Tesco Inc)

Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section § 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 100 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 Section § 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA Section § 310(b)(1) are met.

Appears in 21 contracts

Samples: Indenture (NBC Acquisition Corp), Indenture (New Nebraska Book Company, Inc.), Indenture (Trinity Industries Inc)

Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 50 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 Section 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA Section 310(b)(1) are met.

Appears in 21 contracts

Samples: Indenture (Labcorp Holdings Inc.), Indenture (Laboratory Corp of America Holdings/De), Indenture (Laboratory Corp of America Holdings)

Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section 310(a). The 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. The Trustee shall comply with TIA Section 310(b); providedPROVIDED, howeverHOWEVER, that there shall be excluded from the operation of TIA Section 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA Section 310(b)(1) are met.

Appears in 20 contracts

Samples: Indenture (Consolidated Natural Gas Co/Va), Indenture (Dominion Resources Inc /Va/), Indenture (Tabletop Holdings Inc)

Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 100 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 Section 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA Section 310(b)(1) are met.

Appears in 17 contracts

Samples: Indenture (Pier 1 Imports Inc/De), Indenture (Pier 1 Imports Inc/De), Indenture (NBC Acquisition Corp)

Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section § 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 100.0 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 Section § 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA Section § 310(b)(1) are met.

Appears in 12 contracts

Samples: Indenture (Keurig Dr Pepper Inc.), Indenture (Dr Pepper/Seven Up Beverage Sales Co), Indenture (234DP Aviation, LLC)

Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 100,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section 310(b); provided, however, that there shall be excluded from the operation of TIA Section 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA Section 310(b)(1) are met.

Appears in 11 contracts

Samples: Indenture (Volume Services America Inc), Indenture (Wesco International Inc), Indenture (Magellan Health Services Inc)

Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section § 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 100,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section § 310(b); provided, however, that there shall be excluded from the operation of TIA Section § 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA Section § 310(b)(1) are met.

Appears in 9 contracts

Samples: Indenture (864 Beverage, Inc.), Indenture (Venoco, Inc.), Indenture (Venoco, Inc.)

Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section 310(a). The 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. The Trustee shall comply with TIA Section 310(b); provided, however, that there shall be excluded from the operation of TIA Section 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company Issuers are outstanding if the requirements for such exclusion set forth in TIA Section 310(b)(1) are met.

Appears in 9 contracts

Samples: Indenture (Associated Materials, LLC), Indenture (Usx Corp), Series C Note Indenture (Iridium Capital Corp)

Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section § 310(a). The 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. The Trustee shall comply with TIA Section § 310(b); provided, however, that there shall be excluded from the operation of TIA Section § 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company Issuers are outstanding if the requirements for such exclusion set forth in TIA Section § 310(b)(1) are met.

Appears in 8 contracts

Samples: Indenture (Urs Corp /New/), Indenture (Bz Intermediate Holdings LLC), Indenture (Bz Intermediate Holdings LLC)

Eligibility; Disqualification. The This Indenture shall always have a Trustee shall at all times satisfy that satisfies the requirements of TIA Section 310(a)§ 310 in every respect. The Trustee shall have a combined capital and surplus of at least $50,000,000 100 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 Section § 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA Section § 310(b)(1) are met.

Appears in 8 contracts

Samples: Indenture (Gibraltar Industries, Inc.), Indenture (Libbey Inc), Indenture (Libbey Inc)

Eligibility; Disqualification. The This Indenture shall always have a Trustee shall at all times satisfy that satisfies the requirements of TIA Section 310(a§ 310(a)(1), (2) and (5) in every respect. The Trustee shall have a combined capital and surplus of at least $50,000,000 100 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 Section § 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA Section § 310(b)(1) are met. Section 7.11. [Intentionally Omitted].

Appears in 7 contracts

Samples: Indenture (Cleveland-Cliffs Inc.), Indenture (Cleveland-Cliffs Inc.), Indenture (Cleveland-Cliffs Inc.)

Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section § 310(a). The 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. The Trustee shall comply with TIA Section § 310(b); provided, however, that there shall be excluded from the operation of TIA Section § 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company Issuer are outstanding if the requirements for such exclusion set forth in TIA Section § 310(b)(1) are met.

Appears in 7 contracts

Samples: Indenture (Century Communities, Inc.), Indenture (Century Communities, Inc.), Indenture (Century Communities, Inc.)

Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section ss. 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 100 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section ss. 310(b); provided, however, that there shall be excluded from the operation of TIA Section 310(b)(1ss. 310(b) (1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA Section ss. 310(b)(1) are met.

Appears in 7 contracts

Samples: Indenture (Chemed Corp), Indenture (Nebraska Book Co), Indenture (Tva Sul Foz Do Iguacu LTD)

Eligibility; Disqualification. The This Indenture shall always have a Trustee shall at all times satisfy who satisfies the requirements of TIA Section 310(a)§ 310(a)(1) and (2) in every respect. The Trustee shall have a combined capital and surplus of at least $50,000,000 100,000,000 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 Section § 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company Issuer are outstanding if the requirements for such exclusion set forth in TIA Section § 310(b)(1) are met.

Appears in 7 contracts

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

Eligibility; Disqualification. The This Indenture shall always have a Trustee shall at all times satisfy that satisfies the requirements of TIA Section 310(a310(a)(1), (2) and (5) in every respect. The Trustee shall have a combined capital and surplus of at least $50,000,000 100 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 Section 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA Section 310(b)(1) are met.

Appears in 6 contracts

Samples: Indenture (Churchill Downs Inc), Indenture (CHURCHILL DOWNS Inc), Indenture (OneMain Financial Holdings, Inc.)

Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 50.0 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section 310(b); provided, however, that there shall be excluded from the operation of TIA Section 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA Section 310(b)(1) are met.

Appears in 6 contracts

Samples: Indenture (Telex Communications Inc), Indenture (Eye Care Centers of America Inc), Indenture (Telex Communications Inc)

Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section § 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 U.S.$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, however, that there shall be excluded from the operation of TIA Section § 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company Issuer are outstanding if the requirements for such exclusion set forth in TIA Section § 310(b)(1) are met.

Appears in 5 contracts

Samples: Indenture (Suzano Austria GmbH), Indenture (Suzano Austria GmbH), Indenture

Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section § 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 50 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 Section § 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA Section § 310(b)(1) are met.

Appears in 5 contracts

Samples: Indenture (MDC Partners Inc), Indenture (MDC Partners Inc), Indenture (Southwestern Energy Co)

Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section § 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 100 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 Section § 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company Issuers are outstanding if the requirements for such exclusion set forth in TIA Section § 310(b)(1) are met. This Indenture will always have a Trustee that satisfies the requirements of TIA § 310(a)(1), (2) and (5).

Appears in 5 contracts

Samples: Indenture (Star Gas Finance Co), Indenture (Star Gas Partners Lp), Indenture (Star Gas Partners Lp)

Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section ss. 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 50 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section ss. 310(b); provided, however, that there shall be excluded from the operation of TIA Section 310(b)(1ss. 310(b) (1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA Section ss. 310(b)(1) are met.

Appears in 5 contracts

Samples: Indenture (Flag Telecom Holdings LTD), Indenture (Revlon Inc /De/), Indenture (Apogent Technologies Inc)

Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section ss. 310(a). The 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. The Trustee shall comply with TIA Section ss. 310(b); provided, however, that there shall be excluded from the operation of TIA Section 310(b)(1ss. 310(b) (1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company Issuer are outstanding if the requirements for such exclusion set forth in TIA Section ss. 310(b)(1) are met.

Appears in 4 contracts

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

Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section § 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 U.S.$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, however, that there shall be excluded from the operation of TIA Section § 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA Section § 310(b)(1) are met.

Appears in 4 contracts

Samples: Indenture (Mexican Cellular Investments Inc), Indenture (Iusacell S a De C V), Indenture (Inmobiliaria Montes Urales 460 S a De C V)

Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section section 310(a). The 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. The Trustee shall comply with TIA Section section 310(b); provided, however, that there shall be excluded from the operation of TIA Section section 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA Section section 310(b)(1) are met.

Appears in 4 contracts

Samples: Indenture (Stanley Works), Indenture (Coors Adolph Co), Indenture (Black & Decker Corp)

Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 25,000,000 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 Section 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA Section 310(b)(1) are met.

Appears in 4 contracts

Samples: Indenture (Oxford Automotive Inc), Indenture (BMG North America LTD), Indenture (Nibco Inc)

Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section § 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 U.S.$50.0 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section 310(b); § 310(b); provided, however, that there shall be excluded from the operation of TIA Section § 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA Section § 310(b)(1) are met.

Appears in 4 contracts

Samples: Indenture (Arazi S.a r.l.), Indenture (Arazi S.a r.l.), Indenture (Arazi S.a r.l.)

Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section (S) 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 100 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section (S) 310(b); provided, however, that there shall be excluded from the operation of TIA Section (S) 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA Section (S) 310(b)(1) are met.

Appears in 4 contracts

Samples: Indenture (Plains Exploration & Production Co L P), Indenture (Jiffy Lube International Inc), Indenture (Sather Trucking Corp)

Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section 310(a). The 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. The Trustee shall comply with TIA Section 310(b); provided, however, that there shall be excluded from the operation of TIA Section 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company Issuer are outstanding if the requirements for such exclusion set forth in TIA Section 310(b)(1) are met.

Appears in 4 contracts

Samples: Indenture (Youbet Com Inc), Indenture Agreement (Usx Corp), Indenture (Spectrasite Holdings Inc)

Eligibility; Disqualification. The This Indenture shall always have a Trustee shall at all times satisfy who satisfies the requirements of TIA Section 310(a310(a)(1), (2) and (5). The Trustee shall always have a combined capital and surplus of at least $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, however, provided that there shall be excluded from the operation of TIA Section 310(b)(1) any indenture or indentures under which other securities securities, or certificates of interest or participation in other securities securities, of the Company are outstanding if and meeting the requirements for such exclusion set forth in TIA Section 310(b)(1) are met).

Appears in 4 contracts

Samples: Indenture (Phi Inc), Indenture (Phi Inc), Indenture (Phi Inc)

Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 50.0 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section 310(b); provided, however, that there shall be excluded from the operation of TIA Section 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA Section 310(b)(1) are met.

Appears in 4 contracts

Samples: Indenture (Denbury Management Inc), Indenture (Concorde Gas Marketing Inc), Indenture (Denbury Resources Inc)

Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section ss. 310(a). The 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. The Trustee shall comply with TIA Section ss. 310(b); provided, however, that there shall be excluded from the operation of TIA Section ss. 310(b)(1) and any indenture or indentures under which other securities or certificates of interest or participation in other securities of the either Company are outstanding if the requirements for such exclusion set forth in TIA Section ss. 310(b)(1) are met.

Appears in 4 contracts

Samples: Indenture (Rj Reynolds Tobacco Holdings Inc), Indenture (Rj Reynolds Tobacco Holdings Inc), Indenture (RJR Acquisition Corp)

Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section § 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 50 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 Section § 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company Issuers are outstanding if the requirements for such exclusion set forth in TIA Section § 310(b)(1) are met.

Appears in 3 contracts

Samples: Indenture (Elan Corp PLC), Indenture (Elan Corp PLC), Indenture (Elan Corp PLC)

Eligibility; Disqualification. The Trustee Indenture shall at all times satisfy have a Trustee that satisfies the requirements of TIA Section 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 100 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 Section 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA Section 310(b)(1) are met.

Appears in 3 contracts

Samples: Indenture (H R Window Supply Inc), Indenture (Atlas Air Inc), Indenture (Atlas Air Inc)

Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section § 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 US$150 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 Section § 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA Section § 310(b)(1) are met.

Appears in 3 contracts

Samples: Indenture (Homex Development Corp.), Indenture (Homex Development Corp.), Indenture (Homex Development Corp.)

Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section § 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 100 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 Section § 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding outstanding, if the requirements for such exclusion set forth in TIA Section § 310(b)(1) are met.

Appears in 3 contracts

Samples: Indenture (Hornbeck Offshore Services Inc /La), Indenture (Cogent Communications Group Inc), Indenture (Goodrich Petroleum Corp)

Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section ss. 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 400 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section ss. 310(b); provided, however, that there shall be excluded from the operation of TIA Section 310(b)(1ss. 310(b) (1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA Section ss. 310(b)(1) are met.

Appears in 3 contracts

Samples: Indenture (Windy Hill Pet Food Co Inc), Indenture (Aurora Foods Inc /Md/), Indenture (MBW Foods Inc)

Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section 310(a)) of the TIA. The 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. The Trustee shall comply with TIA Section 310(b)) of the TIA; provided, however, that there shall be excluded from the operation of TIA Section 310(b)(1) of the TIA any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA Section 310(b)(1) of the TIA are met.

Appears in 3 contracts

Samples: Indenture (Otelco Inc.), Indenture (Brindlee Mountain Telephone Co), Indenture (Otelco Telecommunications LLC)

Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section ss. 310(a). The 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. The Trustee shall comply with TIA Section ss. 310(b); provided, however, that there shall be excluded from the operation of TIA Section 310(b)(1ss. 310(b) (1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company Issuers are outstanding if the requirements for such exclusion set forth in TIA Section ss. 310(b)(1) are met.

Appears in 3 contracts

Samples: Indenture (NSM Steel Co LTD), Indenture (NSM Steel Co LTD), Indenture (NSM Steel Co LTD)

Eligibility; Disqualification. The This Indenture shall always have a Trustee shall at all times satisfy that satisfies the requirements of TIA Section 310(a)§ 310 in every respect. The Trustee shall have a combined capital and surplus of at least $50,000,000 50 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 Section § 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA Section § 310(b)(1) are met.

Appears in 3 contracts

Samples: Indenture (Eye Care Centers of America Inc), Indenture (Conexant Systems Inc), Indenture (Deluxe Corp)

Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section §310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 100 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 Section §310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA Section §310(b)(1) are met.

Appears in 3 contracts

Samples: Indenture (Newmont Mining Corp /De/), Indenture (Newmont Mining Corp /De/), Indenture (Newmont Mining Corp /De/)

Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section § 310(a). The 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. The Trustee shall comply with TIA Section § 310(b); provided, however, that there shall be excluded from the operation of TIA Section § 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company Issuer are outstanding if the requirements for such exclusion set forth in TIA Section 310(b)(1§ 310 (b)(1) are met.

Appears in 3 contracts

Samples: Indenture (Central European Media Enterprises LTD), Indenture (Central European Media Enterprises N.V.), Indenture (CME Media Enterprises B.V.)

Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 100,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section 310(b); provided, however, that there shall be excluded from the operation of TIA Section 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company any Issuer are outstanding if the requirements for such exclusion set forth in TIA Section 310(b)(1) are met.

Appears in 3 contracts

Samples: Indenture (Jones Group Inc), Indenture (JAG FOOTWEAR, ACCESSORIES & RETAIL Corp), Indenture (Jones Apparel Group Inc)

Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section § 310(a). The Trustee shall have a combined capital and surplus (together with its corporate parent) of at least $50,000,000 50.0 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section § 310(b); provided, however, that there shall be excluded from the operation of TIA Section § 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA Section § 310(b)(1) are met.

Appears in 3 contracts

Samples: Indenture (CONSOL Energy Inc), Indenture (CONSOL Energy Inc), Indenture (CONSOL Energy Inc)

Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section § 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 100,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section § 310(b); provided, however, that there shall be excluded from the operation of TIA Section § 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company Issuers are outstanding if the requirements for such exclusion set forth in TIA Section § 310(b)(1) are met.

Appears in 2 contracts

Samples: Indenture (Tronox Inc), Indenture (Tronox Inc)

Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section § 310(a). The 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. The Trustee shall comply with TIA Section § 310(b); provided, however, that there shall be excluded from the operation of TIA Section § 310(b)(1) any Series of Securities and any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA Section § 310(b)(1) are met.

Appears in 2 contracts

Samples: Indenture (Goodyear Tire & Rubber Co /Oh/), Indenture (Goodyear Export Inc.)

Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section 310(ass.310(a). The 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. The Trustee shall comply with TIA Section 310(bss.310(b); provided, however, that there shall be excluded from the operation of TIA Section 310(b)(1ss.310(b) (1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA Section 310(b)(1ss.310(b)(1) are met.

Appears in 2 contracts

Samples: Indenture (Wolverine Tube Inc), Indenture (Mediq Inc)

Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section § 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 100 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section § 310(b); provided, howeverhowever , that there shall be excluded from the operation of TIA Section § 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA Section § 310(b)(1) are met.

Appears in 2 contracts

Samples: Indenture (Trinity Industries Inc), Indenture (Trinity Industries Inc)

Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section § 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 50.0 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section § 310(b); provided, however, that there shall be excluded from the operation of TIA Section § 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company Issuer are outstanding if the requirements for such exclusion set forth in TIA Section § 310(b)(1) are met.

Appears in 2 contracts

Samples: Indenture (Harman International Industries Inc /De/), Indenture (Harman International Industries Inc /De/)

Eligibility; Disqualification. The This Indenture shall always have a Trustee shall at all times satisfy who satisfies the requirements of TIA Section 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 25 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); provided, however, that there shall be excluded from the operation of TIA Section 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA Section 310(b)(1) are met.

Appears in 2 contracts

Samples: Indenture (Graphic Packaging Corp), Indenture (Agco Corp /De)

Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section §310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 50.0 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section §310(b); provided, however, that there shall be excluded from the operation of TIA Section §310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA Section §310(b)(1) are met.

Appears in 2 contracts

Samples: Indenture (Mothers Work Inc), Indenture (Especialty Brands LLC)

Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section 310(a)) of the TIA. The Trustee shall have a combined capital and surplus of at least $50,000,000 U.S.$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; provided, however, that there shall be excluded from the operation of TIA Section 310(b)(1) of the TIA any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA Section 310(b)(1) of the TIA are met.

Appears in 2 contracts

Samples: Indenture (Mexican Cellular Holding, Inc.), Indenture (Grupo Iusacell Sa De Cv)

Eligibility; Disqualification. The Trustee shall at ----------------------------- all times satisfy the requirements of TIA Section (S) 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 100 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section (S) 310(b); provided, however, that there shall be excluded from the operation of TIA Section (S) 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA Section (S) 310(b)(1) are met.

Appears in 2 contracts

Samples: Indenture (BGF Industries Inc), Indenture (Applied Business Telecommunications)

Eligibility; Disqualification. The This Indenture shall always have a Trustee shall at all times satisfy that satisfies the requirements of TIA Section 310(a)§ 310 in every respect. The Trustee shall have a combined capital and surplus of at least $50,000,000 50.0 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section § 310(b); provided, however, that there shall be excluded from the operation of TIA Section § 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA Section § 310(b)(1) are met.

Appears in 2 contracts

Samples: Indenture (Deluxe Corp), Indenture (Deluxe Corp)

Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section § 310(a). The 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. The Trustee shall comply with TIA Section § 310(b); provided, however, that there shall be excluded from the operation of TIA Section § 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company Terra Capital are outstanding if the requirements for such exclusion set forth in TIA Section § 310(b)(1) are met.

Appears in 2 contracts

Samples: Indenture (Terra Investment Fund LLC), Indenture (Terra Industries Inc)

Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 400 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 Section 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA Section 310(b)(1) are met.

Appears in 2 contracts

Samples: Indenture (Aurora Foods Inc /De/), Indenture (Doane Pet Care Enterprises Inc)

Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section (S) 310(a). The 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. The Trustee shall comply with TIA Section (S) 310(b); provided, however, that there shall be excluded from the operation of TIA Section (S) 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company AK Steel are outstanding if the requirements for such exclusion set forth in TIA Section (S) 310(b)(1) are met.

Appears in 2 contracts

Samples: Indenture (Ak Steel Holding Corp), Indenture (Ak Steel Holding Corp)

Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section ss. 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 150 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section ss. 310(b); provided, however, that there shall be excluded from the operation of TIA Section 310(b)(1ss. 310(b) (1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA Section ss. 310(b)(1) are met.

Appears in 2 contracts

Samples: Indenture (Constar Inc), Indenture (Constar International Inc)

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Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section 310(a)) of the TIA. The Trustee shall have a combined capital and surplus of at least $50,000,000 50 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section 310(b)) of the TIA; provided, however, that there shall be excluded from the operation of TIA Section 310(b)(1) of the TIA any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA Section 310(b)(1) of the TIA are met.

Appears in 2 contracts

Samples: Indenture (United States Can Company /De/), Indenture (Us Can Corp)

Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 25,000,000 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 Section 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company Issuers are outstanding if the requirements for such exclusion set forth in TIA Section 310(b)(1) are met.

Appears in 1 contract

Samples: Indenture (Chiles Magellan LLC)

Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section § 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 U.S.$50.0 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 Section § 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA Section § 310(b)(1) are met.

Appears in 1 contract

Samples: Indenture

Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section § 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 10 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 Section § 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA Section § 310(b)(1) are met.

Appears in 1 contract

Samples: Indenture (Callon Petroleum Co)

Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section ss. 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 250,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section ss. 310(b); provided, however, that there shall be excluded from the operation of TIA Section 310(b)(1ss. 310(b) (1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA Section ss. 310(b)(1) are met.

Appears in 1 contract

Samples: Indenture (Purina Mills Inc)

Eligibility; Disqualification. The Trustee shall at ------------------------------ all times satisfy the requirements of TIA Section 310(a). The 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. The Trustee shall comply with TIA Section 310(b); provided, however, that there shall be excluded from the operation of -------- ------- TIA Section 310(b)(1310(b) (1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA Section 310(b)(1) are met.

Appears in 1 contract

Samples: Indenture (Cytec Industries Inc/De/)

Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section 310(ass.310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 100,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section 310(bss.310(b); provided, however, that there shall be excluded from the operation of TIA Section 310(b)(1ss.310(b) (1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company Holdings are outstanding if the requirements for such exclusion set forth in TIA Section 310(b)(1ss.310(b)(1) are met.

Appears in 1 contract

Samples: Indenture (Peninsula Cellular Services Inc)

Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section 310(a). The 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. The Trustee shall comply with TIA Section 310(b); provided, however, that there shall be excluded from the operation of TIA Section 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in 74 75 other securities of the Company Issuer are outstanding if the requirements for such exclusion set forth in TIA Section 310(b)(1) are met.

Appears in 1 contract

Samples: Indenture (Susquehanna Media Co)

Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section 310(a310(a)(1) and Section 310(a)(2). The Trustee shall have a combined capital and surplus of at least $50,000,000 50.0 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section 310(b); provided, however, that there shall be excluded from the operation of TIA Section 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA Section 310(b)(1) are met.

Appears in 1 contract

Samples: Indenture (Phillips Van Heusen Corp /De/)

Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section 310(a310(a)(1), (2) and (5). The 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. The Trustee shall comply with TIA Section 310(b); provided, however, that there shall be excluded from the operation of TIA Section 310(b)(1) any indenture or indentures under which other securities securities, or certificates of interest or participation in other securities securities, of the Company are outstanding outstanding, if the requirements for such exclusion set forth in TIA Section 310(b)(1) are met.

Appears in 1 contract

Samples: Indenture (Smartalk Teleservices Inc)

Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 250,000,000 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 Section 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company Issuer are outstanding if the requirements for such exclusion set forth in TIA Section 310(b)(1) are met.

Appears in 1 contract

Samples: Indenture (Spectrasite Holdings Inc)

Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section § 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 100 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 Section § 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company or any Subsidiary Guarantor are outstanding if the requirements for such exclusion set forth in TIA Section § 310(b)(1) are met.

Appears in 1 contract

Samples: Indenture (General Maritime Corp / MI)

Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section 310(a). The Trustee Trustee, together with its affiliates, shall have a combined capital and surplus of at least $50,000,000 50 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 Section 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA Section 310(b)(1) are met.

Appears in 1 contract

Samples: Indenture (King Pharmaceuticals Inc)

Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section (S) 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 50.0 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section (S) 310(b); provided, however, that there shall be excluded from the operation of TIA Section (S) 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA Section (S) 310(b)(1) are met.

Appears in 1 contract

Samples: Indenture (Kelley Operating Co LTD)

Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section ss. 310(a). The Trustee shall have a combined capital and surplus of at least $US$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); provided, however, that there shall be excluded from the operation of TIA Section 310(b)(1ss. 310(b) (1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA Section ss. 310(b)(1) are met.

Appears in 1 contract

Samples: Indenture (Installations & Hirings LTD)

Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section {section} 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 150 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section {section} 310(b); provided, however, that there shall be excluded from the operation of TIA Section 310(b)(1{section} 310(b) (1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA Section {section} 310(b)(1) are met.

Appears in 1 contract

Samples: Indenture (Dimon Inc)

Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section § 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 100 million as set forth in its most recent recently 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 Section § 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA Section § 310(b)(1) are met.

Appears in 1 contract

Samples: Indenture (Clayton Williams Energy Inc /De)

Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section § 310(a). The Trustee shall have a combined capital and surplus of at least $US$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, however, that there shall be excluded from the operation of TIA Section § 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA Section § 310(b)(1) are met.

Appears in 1 contract

Samples: Indenture (Axtel Sab De Cv)

Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 US$150 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 Section 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA Section 310(b)(1) are met.

Appears in 1 contract

Samples: Indenture (Grupo Financiero Galicia Sa)

Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section ss 310(a). The 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. The Trustee shall comply with TIA Section ss 310(b); provided, however, that there shall be excluded from the operation of TIA Section 310(b)(1ss 310(b) (1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA Section ss 310(b)(1) are met.

Appears in 1 contract

Samples: Indenture (J H Heafner Co Inc)

Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section (S) 310(a). The 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. The Trustee shall comply with TIA Section (S) 310(b); provided, however, that there shall be excluded from the operation of TIA Section (S) 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA Section (S) 310(b)(1) are met.

Appears in 1 contract

Samples: Indenture (Texon International PLC)

Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section § 310(a). The 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. The Trustee shall comply with TIA Section § 310(b); provided, however, that there shall be excluded from the operation of TIA Section § 310(b)(1) and any indenture or indentures under which other securities or certificates of interest or participation in other securities of the either Company are outstanding if the requirements for such exclusion set forth in TIA Section § 310(b)(1) are met.

Appears in 1 contract

Samples: Indenture (Reynolds American Inc)

Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section 310(a). The 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. The Trustee shall comply with TIA Section 310(b); provided, however, that there shall be excluded from the operation of TIA Section 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are 102 outstanding if the requirements for such exclusion set forth in TIA Section 310(b)(1) are met.

Appears in 1 contract

Samples: Indenture (Encore Acquisition Co)

Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 100 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 Section 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of either of the Company Issuers are outstanding if the requirements for such exclusion set forth in TIA Section 310(b)(1310(b)(l) are met.

Appears in 1 contract

Samples: Indenture (Foundation Building Materials, Inc.)

Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section ss. 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 50.0 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section ss. 310(b); provided, however, that there shall be excluded from the operation of TIA Section 310(b)(1ss. 310(b) (1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA Section ss. 310(b)(1) are met.

Appears in 1 contract

Samples: Dollar Securities Indenture (Gutbusters Pty LTD)

Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 U.S.$50.0 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 Section 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA Section 310(b)(1) are met.

Appears in 1 contract

Samples: Indenture (Bell Atlantic Corp)

Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section 310(a). The 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. The Trustee shall comply with TIA Section 310(b), subject to the penultimate paragraph thereof; provided, however, that there shall be excluded from the operation of TIA Section 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA Section 310(b)(1) are met.

Appears in 1 contract

Samples: Indenture (Stone Energy Corp)

Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section 310(a). The 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. The Trustee shall comply with TIA Section 310(b), subject to the penultimate paragraph thereof (as in existence on the date hereof); provided, however, that there shall be excluded from the operation of TIA Section 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA Section 310(b)(1) are met.

Appears in 1 contract

Samples: Indenture (LTV Steel Co Inc)

Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section SECTION 310(a). The 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. The Trustee shall comply with TIA Section SECTION 310(b); provided, however, that there shall be excluded from the operation of TIA Section SECTION 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA Section SECTION 310(b)(1) are met.

Appears in 1 contract

Samples: Indenture (Hexcel Corp /De/)

Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section 310(a). The 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. The Trustee shall comply with TIA Section 310(b); provided, however, that there shall be excluded from the operation of TIA Section 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company Issuer are outstanding if the requirements for such exclusion set forth in TIA Section 310(b)(1) are met.

Appears in 1 contract

Samples: Indenture (Decora Industries Inc)

Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 100 million as set forth in its most recent recently 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 Section 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA Section 310(b)(1) are met.

Appears in 1 contract

Samples: Indenture (Res Care Inc /Ky/)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA Section 310(a). The Indenture 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. The Indenture Trustee shall comply with TIA Section 310(b); provided, however, that there shall be excluded from including the operation optional provision permitted by the second sentence of TIA Section 310(b)(1310(b)(9); provided, (1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company Issuer are outstanding if the requirements for such exclusion set forth in TIA Section 310(b)(1) are met.

Appears in 1 contract

Samples: Indenture (HFC Revolving Corp Household Home Equity Ln Tr 2003 1)

Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section 310(a). The 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. The Trustee shall comply with TIA Section 310(b); provided, however, that there shall be excluded from the operation of TIA Section 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company Bucyrus are outstanding if the requirements for such exclusion set forth in TIA Section 310(b)(1) are met.

Appears in 1 contract

Samples: Indenture (Bucyrus International Inc)

Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section 310(a). The 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. The Trustee shall comply with TIA Section 310(b), including the optional provision permitted by the second sentence of TIA Section 310(b)(9); provided, however, that there shall be excluded from the operation of TIA Section 310(b)(1310(b) (1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company Issuer are outstanding if the requirements for such exclusion set forth in TIA Section 310(b)(1) are met.

Appears in 1 contract

Samples: Indenture (Paragon Auto Receivables Corp)

Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section section 310(a). The 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. The Trustee shall comply with TIA Section section 310(b); providedPROVIDED, howeverHOWEVER, that there shall be excluded from the operation of TIA Section section 310(b)(1) any indenture or oR indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA Section section 310(b)(1) are met.

Appears in 1 contract

Samples: Indenture (Argo Tech Corp)

Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section § 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 100.0 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 Section § 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company Issuer are outstanding if the requirements for such exclusion set forth in TIA Section § 310(b)(1) are met.

Appears in 1 contract

Samples: Indenture (Keurig Dr Pepper Inc.)

Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA 82 Section 310(a). The 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. The Trustee shall comply with TIA Section 310(b); provided, however, that there shall be excluded from the operation of TIA Section 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA Section 310(b)(1) are met.

Appears in 1 contract

Samples: Indenture (Octel Developments PLC)

Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section 310(a)) of the TIA. The Trustee shall have a combined capital and surplus of at least $50,000,000 100,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section 310(b)) of the TIA; provided, however, that there shall be excluded from the operation of TIA Section 310(b)(1) of the TIA any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company Issuer are outstanding if the requirements for such exclusion set forth in TIA Section 310(b)(1) of the TIA are met.

Appears in 1 contract

Samples: Indenture (American Seafoods Corp)

Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 50.0 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA Section 310(b); providedPROVIDED, howeverHOWEVER, that there shall be excluded from the operation of TIA Section 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA Section 310(b)(1) are met.

Appears in 1 contract

Samples: Indenture (Kelley Oil & Gas Corp)

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