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 (Associated Materials, LLC), Purchase Agreement (Amh Holdings, 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 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 44 contracts
Samples: Indenture (Credit Acceptance Corp), Indenture (Credit Acceptance Corp), Indenture (Norfolk Southern Corp)
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 26 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.), Ingersoll Rand Inc., 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 ss. 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 22 contracts
Samples: Plans Assumption Agreement (Rev Holdings LLC), Indenture (Rev Holdings LLC), Indenture (Winstar 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 $50,000,000 100 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.), Intercreditor Agreement (Interstate Bakeries 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 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 (Merisant Foreign Holdings I Inc)
Eligibility; Disqualification. (a) The 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 provide copies of such reports to the Insurer upon request. The Indenture 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 19 contracts
Samples: Indenture (Onyx Acceptance Financial Corp), Indenture (Onyx Acceptance Financial Corp), Indenture (Onyx Acceptance Financial 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 17 contracts
Samples: Indenture (Pier 1 Imports Inc/De), 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). (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 provide copies of such reports to the Insurer upon request. 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 14 contracts
Samples: Indenture (WFS Financial Auto Loans Inc), Indenture (WFS Financial 1997-D Owner Trust), Indenture (WFS Financial Auto Loans 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 $50,000,000 100.0 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 (Mariner Gulf of Mexico 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(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 Issuer are outstanding if the requirements for such exclusion set forth in TIA Section § 310(b)(1) are met.
Appears in 12 contracts
Samples: Indenture (Ultra Petroleum Corp), Warrant Agreement (Ultra Petroleum Corp), Indenture (Ultra Petroleum 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 $50,000,000 100,000,000 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: Supplemental Indenture (Grey Wolf Inc), Indenture (Magellan Health Services Inc), Indenture (Evenflo Co 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: Associated Materials, LLC, Indenture (Globalstar Capital Corp), Warrant Agreement (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 $50,000,000 100,000,000 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: Guaranteed Obligation (864 Beverage, Inc.), Indenture (Venoco, Inc.), Indenture (Venoco, Inc.)
Eligibility; Disqualification. (a) The Trustee shall at all times satisfy the requirements of TIA Section 310(a). The Trustee ) and shall in addition 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 provide copies of such reports to the Insurer upon request. 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 8 contracts
Samples: Indenture (WFS Receivables Corp), Indenture (WFS Receivables Corp 2), Indenture (WFS Receivables Corp)
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 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 ss. 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 8 contracts
Samples: NBC Acquisition Corp, Nebraska Book Co, Tva Sul Foz Do Iguacu 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 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 (Bz Intermediate Holdings LLC), Supplemental Indenture (Bz Intermediate Holdings LLC), Indenture (Chrysler Group LLC)
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 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 Issuers 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), Crown 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 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: Supplemental Indenture (Century Communities, Inc.), Supplemental Indenture (Century Communities, Inc.), Supplemental Indenture (Century Communities, 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: Registration Rights Agreement (Cleveland-Cliffs Inc.), Registration Rights Agreement (Cleveland-Cliffs Inc.), Cleveland-Cliffs 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 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 ss. 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 6 contracts
Samples: Subsidiary Pledge Agreement (Mounger Corp), Indenture (Revlon Consumer Products Corp), Indenture (Revlon 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 $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 (Day International Group Inc), Indenture (Telex Communications 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(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: Churchill Downs Incorporated (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 $50,000,000 100 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 Partners Lp), Indenture (Star Gas Finance Co), Indenture (Star Gas Partners Lp)
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 (MDC Partners 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), sec.report
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 10,000,000 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 (Emerald Plantation Holdings LTD), www.emeraldplantationholdings.com, www.emeraldplantationholdings.com
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), Coors Adolph Co, Black & Decker 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 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: Reynolds R J Tobacco Co, Rj Reynolds Tobacco Holdings Inc, 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 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 (Inmobiliaria Montes Urales 460 S a De C V), Indenture (Iusacell S a De C V), Indenture (Iusacell S a De C 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 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), Supplemental Indenture (Denbury Resources Inc), Concorde Gas Marketing 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 4 contracts
Samples: Indenture (Phoenix Md Realty LLC), Spectrasite Holdings Inc, Usx 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 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 (Sather Trucking Corp), Plains Exploration & Production Co L P, Plains Resources 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 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) 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), Spectrasite Holdings Inc, Spectrasite 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 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 (Nibco Inc), Nibco Inc, Oxford Automotive Inc
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section 310(aSections 310(a)(1) and 310(a)(2). 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. In determining whether the Trustee has conflicting interests as defined in TIA Section 310(b)(1), however, that there shall be excluded from the operation of provisions contained in the proviso to 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 metshall be deemed incorporated herein.
Appears in 4 contracts
Samples: Indenture (Pennsylvania Electric Co), Indenture (Penelec Capital Trust), Indenture (Metropolitan Edison 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 $50,000,000 400 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 ss. 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: Management Services Agreement (Windy Hill Pet Food Co Inc), Indenture (Aurora Foods Inc /Md/), MBW Foods 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 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), 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 outstanding, if the requirements for such exclusion set forth in TIA Section § 310(b)(1) are met.
Appears in 3 contracts
Samples: Supplemental Indenture (Hornbeck Offshore Services Inc /La), Indenture (Goodrich Petroleum Corp), Cogent Communications 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 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.), 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 (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)) 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: Otelco (Otelco Telecommunications LLC), Otelco (Otelco Inc.), Supplemental Indenture (Brindlee Mountain Telephone Co)
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), Atlas Air Inc, 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 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 N.V.), Indenture (CME Media Enterprises B.V.), Central European Media Enterprises 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 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: Elan Finance (Elan Corp PLC), Indenture (Elan Corp PLC), Elan Corp 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 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 3 contracts
Samples: Notes Intercreditor Agreement, Intercreditor Agreement, www.theconstellation.com
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) 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: NSM Steel Co LTD, NSM Steel Co LTD, NSM Steel Co 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 $50,000,000 100,000,000 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: Jones Group Inc, JAG FOOTWEAR, ACCESSORIES & RETAIL Corp, 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 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: Newmont Mining Corp /De/, Newmont Mining Corp /De/, 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 are outstanding if the requirements for such exclusion set forth in TIA Section § 310(b)(1) are met. SECTION 7.11.
Appears in 2 contracts
Samples: Murphy USA Inc., Us Concrete 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. (a) The Trustee shall at all times satisfy the requirements of TIA Section 310(a). The Trustee ) and shall in addition 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 2 contracts
Samples: WFS Receivables Corp 3, WFS Receivables Corp 4
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 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 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/), Doane Pet Care Enterprises Inc
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: Graphic Packaging Corp, 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 $50,000,000 100 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 2 contracts
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section 310(a)) of the TIA. The Trustee Trustee, together with its parent entity, 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 2 contracts
Samples: Supplemental Indenture (Healthsouth Corp), Healthsouth 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 2 contracts
Samples: Mothers Work Inc, Especialty Brands 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 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(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 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), Deluxe Corp
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 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 ss. 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)
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: 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 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 Industries Inc), Terra Investment Fund 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 Issuers are outstanding if the requirements for such exclusion set forth in TIA Section § 310(b)(1) are met.
Appears in 2 contracts
Samples: Tronox (Tronox Inc), Indenture (Tronox 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 $50,000,000 100 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: BGF Industries Inc, Applied Business Telecommunications
Eligibility; Disqualification. (a) 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 2 contracts
Samples: Indenture (Crown Castle International Corp), Crown Castle International 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 2 contracts
Samples: Indenture (Amtrol Inc /Ri/), PrimeWood, Inc.
Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA Section 310(a). The Indenture Trustee shall be acceptable to the Securities Insurer and 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 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: Master Servicing Agreement (Painewebber Mort Acce Corp Iv Fremont Home Ln Own Tr 1999-2), Fremont Mortgage Securities 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 are outstanding if the requirements for such exclusion set forth in TIA Section 310(b)(1) are met.
Appears in 1 contract
Samples: Cytec 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(a310(a)(1). 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 1 contract
Samples: Indenture (Us Oncology 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 73 73 outstanding if the requirements for such exclusion set forth in TIA Section 310(b)(1) are met.
Appears in 1 contract
Samples: Indenture (Ixc Communications 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
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: Callon Petroleum Co
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: Asset Purchase Agreement (Wix Filtration Media Specialists, 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 $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(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
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 TIAss. 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 TIAss. 310(b)(1) are met.
Appears in 1 contract
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); 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: Carter William Co /Ga/
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section 310(a§ 310(a)(1), (2) and (5). 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 1 contract
Samples: Indenture (UL Solutions 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); 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: www.theconstellation.com
Eligibility; Disqualification. (a) 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.
Appears in 1 contract
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). The Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent 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: Trans World Airlines Inc /New/
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 72 66 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
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, 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
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 One Hundred Million ($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 outstanding, including the Original Indenture and the Indenture governing the Company’s 4.125% Convertible Subordinated Notes due December 21, 2008, if the requirements for such exclusion set forth in TIA Section § 310(b)(1) are met.
Appears in 1 contract
Samples: Veeco Instruments 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 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 1 contract
Samples: Indenture (Star Gas Partners Lp)
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 out standing if the requirements for such exclusion set forth in TIA Section . 310(b)(1) are met.
Appears in 1 contract
Samples: 21st Century Telecom 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 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)(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: Paragon Auto Receivables 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 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) 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: J H Heafner Co Inc
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section 310(a). 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, 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: Citgo Petroleum 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 Securities or certificates of interest or participation in other securities 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: Umt Holdings Lp