Eligibility of Collateral Agent. Any successor Collateral Agent shall be (a) a state or national bank or trust company in good standing, organized under the laws of the United States of America or of any state, having capital, surplus and undivided profits aggregating at least $500,000,000 and subject to supervision or examination by a Federal or state banking authority and (b) authorized under the laws of the jurisdiction of its incorporation or organization to assume the functions of the Collateral Agent, if there be such a bank or trust company willing and able to accept the duties hereunder upon reasonable and customary terms.
Eligibility of Collateral Agent. The Collateral Agent shall be a state or national bank or trust company in good standing, organized under the laws of the United States of America or of any state thereof, having a capital, surplus and undivided profits aggregating at least $500,000,000 and whose certificates of deposit are accorded a rating of A or better by S&P and Mxxxx’x or, if S&P and Mxxxx’x are no longer rating such banks, then by any other nationally recognized credit rating agency of similar standing or a guaranty of its obligations hereunder from such a bank or trust company or holding company in good standing, organized under the laws of the United States of America or of any State thereof, having a capital, surplus and undivided profits aggregating at least $500,000,000 and whose certificates of deposit are accorded a rating of A or better by S&P and Mxxxx’x or, if S&P and Mxxxx’x are no longer rating such banks, then by any other nationally recognized credit rating agency of similar standing, if there be such a bank or trust company willing and able to accept such trust upon reasonable and customary terms. In case the Collateral Agent shall cease to be eligible in accordance with the provisions of this Section, the Collateral Agent shall resign immediately in the manner and with the effect specified in §8.6.
Eligibility of Collateral Agent. Any successor Collateral Agent shall:
Eligibility of Collateral Agent. Any successor Collateral Agent shall be a state or national bank or trust company in good standing, organized under the laws of the United States of America or of any State, having a capital, surplus and undivided profits aggregating at least $500,000,000, if there be such a bank or trust company willing and able to accept the duties hereunder upon reasonable and customary terms; provided, however, that (a) the successor Collateral Agent shall not be permitted to be a Creditor or an Affiliate of a Creditor unless approved in writing by all other Creditors and (b) if the Bank Credit Agreement is replaced as contemplated in Section 3(b) hereof, the lender under such replacement facility shall automatically be entitled to serve as the successor Collateral Agent hereunder, anything to the contrary contained herein notwithstanding.
Eligibility of Collateral Agent. The Collateral Agent shall always be a state or national bank or trust company in good standing, organized under the laws of the United States of America or one of the States thereof or the District of Columbia having a capital, surplus and undivided profits (as shown by its latest annual report of condition) aggregating at least $100,000,000.00 and shall not be a Noteholder or any affiliate thereof, if there be such a bank or trust company willing and able to accept such trust upon reasonable and customary terms.
Eligibility of Collateral Agent. 11 2.11 Notices, Etc., Under Collateral, Etc........................................................... 12 SECTION 3.
Eligibility of Collateral Agent. The Collateral Agent ------------------------------- shall always be a state or national bank or trust company in good standing, organized under the laws of the United States of America or one of the States thereof, having (or having a parent which has) a capital, surplus and undivided profits (as shown by its latest financial statement published to its shareholders) aggregating at least $100,000,000 if there be such a national bank or trust company willing and able to accept such trust upon reasonable and customary terms, provided that if such -------- 12 national bank or trust company's eligibility depends upon its parent having such requisite capitalization, such parent shall provide a guarantee satisfactory in form and substance to one or more Secured Parties' Representatives acting on behalf of the Required Secured Parties of the obligations of such national bank or trust company as Collateral Agent under the Financing Documents. In case at any time the Collateral Agent shall cease to be eligible in accordance with the provisions of this Section 2.10, the Collateral Agent shall resign immediately in the manner and with the effect specified in Section 2.6.
Eligibility of Collateral Agent. The Collateral Agent may be either the Revolver Agent, the Term Agent or a Lender, provided, however, that such Person is willing and able to accept such appointment upon terms substantially in accord with those of this Agreement. In all other cases the Collateral Agent shall be a financial institution with assets in excess of $250,000,000. If, at any time, the Collateral Agent shall cease to be eligible in accordance with the provisions of this Section 5.6, the Collateral Agent shall promptly resign in the manner and with the effect specified in Section 5.5.
Eligibility of Collateral Agent. Any Collateral Agent shall be a bank or trust company (i) having its principal office in Chicago, Illinois, or such other jurisdiction as the Issuer, the Administrator and the Trustee may approve, (ii) having, and maintaining at all times, capital and surplus of at least $200,000,000 (or its equivalent in another currency) as of the effective date of appointment and (iii) that has, and maintains at all times, a long-term unsecured debt rating of at least “Baal” by Xxxxx’x, “BBB+” by S&P and, if rated by Fitch, “BBB+” by Fitch. If at any time the Collateral Agent shall cease to be eligible in accordance with the provisions of this Section 9.04, it shall resign immediately in the manner and with the effect specified in this Article IX.
Eligibility of Collateral Agent. The Collateral Agent shall always be either a state or national bank or trust company or insurance company in good standing, organized under the laws of the United States of America or one of the States thereof, and having a capital and surplus (as shown by its latest annual report of condition) aggregating at least $300,000,000. In case at any time the Collateral Agent shall cease to be eligible in accordance with the provisions of this Section 9.12, the Collateral Agent shall resign immediately in the manner and with the effect specified in Section 9.10.
