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.
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Samples: Note Purchase Agreement (New Jersey Resources Corp), Note Purchase Agreement (New Jersey Resources Corp), Note Purchase Agreement (New Jersey Resources Corp)
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 stateState, having capital, surplus and undivided profits aggregating at least $500,000,000 and subject to supervision 100,000,000 or examination by a Federal guaranty of its obligations hereunder from such a bank or state banking authority and (b) authorized trust company or holding company in good standing, organized under the laws of the jurisdiction United States of its incorporation America or organization to assume the functions of the Collateral Agentany State having a capital, surplus and undivided profits aggregating at least $100,000,000, if there be such a bank or trust company willing and able to accept the duties hereunder upon reasonable and customary terms.
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Samples: Note Purchase Agreement (Cabelas Inc), Intercreditor Agreement (Cabelas Inc), Intercreditor Agreement (Cabelas Inc)
Eligibility of Collateral Agent. Any successor Collateral Agent shall be shall:
(a) 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 capital, surplus authorized and undivided profits aggregating at least $500,000,000 and subject registered 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 carry on business as a bank or trust company company;
(b) have no material conflict of interest with regard to the fulfilment of its covenants and obligations hereunder or the Security Documents; and
(c) be willing and able to accept the duties hereunder upon reasonable and customary terms.
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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 a 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 Agent500,000,000, if there be such a bank or trust company willing and able to accept the duties hereunder upon reasonable and customary terms.
Appears in 2 contracts
Samples: Intercreditor and Collateral Agency Agreement (Bowne & Co Inc), Intercreditor and Collateral Agency Agreement (Inergy L P)
Eligibility of Collateral Agent. l 2 . 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 a 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 Agent500,000,000, if there be such a bank or trust company willing and able to accept the duties hereunder upon reasonable and customary terms; provided, that at any time when there is no continuing Event of Default, any successor Collateral Agent shall be selected in consultation with the Borrower.
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