Common use of Eligibility of Trustee Clause in Contracts

Eligibility of Trustee. There shall at all times be a Trustee hereunder which shall be a corporation organized and doing business under the laws of the United States or of any State or Territory thereof or of the District of Columbia, which (a) is authorized under such laws to exercise corporate trust powers, (b) is subject to supervision or examination by federal, state, territorial or District of Columbia authority, (c) shall have at all times a combined capital and surplus of not less than $50,000,000 and (d) shall not be the Company or any person directly or indirectly controlling, controlled by, or under common control with the Company. If such corporation publishes reports of condition at least annually, pursuant to law, or to the requirements of the aforesaid supervising or examining authority, then for the purposes of this Section, the combined capital and surplus of such corporation at any time shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. In case at any time the Trustee shall cease to be eligible in accordance with the provisions of this Section, the Trustee shall resign immediately in the manner and with the effect specified in Section 7.10.

Appears in 13 contracts

Samples: Subordinated Indenture (Flushing Financial Corp), Subordinated Indenture (Flushing Financial Corp), Subordinated Indenture (Amalgamated Financial Corp.)

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Eligibility of Trustee. There shall at all times be a Trustee hereunder which shall be a corporation organized and doing business under the laws of the United States or of any State or Territory thereof or of the District of Columbia, which (a) is authorized under such laws to exercise corporate trust powers, (b) is subject to supervision or examination by federal, state, territorial or District of Columbia authority, (c) shall have at all times a combined capital and surplus of not less than $50,000,000 and (d) shall not be the Company or any person directly or indirectly controlling, controlled by, by or under common control with the Company. If such corporation publishes reports of condition at least annually, pursuant to law, or to the requirements of the aforesaid supervising or examining authority, then for the purposes of this Section, the combined capital and surplus of such corporation at any time shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. In case at any time the Trustee shall cease to be eligible in accordance with the provisions of this Section, the Trustee shall resign immediately in the manner and with the effect specified in Section 7.10.

Appears in 12 contracts

Samples: Senior Indenture (NewAmsterdam Pharma Co N.V.), Subordinated Indenture (NewAmsterdam Pharma Co N.V.), Senior Indenture (Summit Financial Group, Inc.)

Eligibility of Trustee. There shall at all times be a Trustee hereunder which shall be a corporation organized and doing business under the laws of the United States or of any State or Territory thereof or of the District of Columbia, which (a) is authorized under such laws to exercise corporate trust powers, (b) is subject to supervision or examination by federal, state, territorial or District of Columbia authority, (c) shall have at all times a combined capital and surplus of not less than $50,000,000 5,000,000 and (d) shall not be the Company or any person directly or indirectly controlling, controlled by, or under common control with the Company. If such corporation publishes reports of condition at least annually, pursuant to law, or to the requirements of the aforesaid supervising or examining authority, then for the purposes of this Section, the combined capital and surplus of such corporation at any time shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. In case at any time the Trustee shall cease to be eligible in accordance with the provisions of this Section, the Trustee shall resign immediately in the manner and with the effect specified in Section 7.10.

Appears in 9 contracts

Samples: Subordinated Indenture (BCB Bancorp Inc), Subordinated Indenture (Howard Bancorp Inc), Subordinated Indenture (BCB Bancorp Inc)

Eligibility of Trustee. There shall at all times be a Trustee hereunder which shall be a corporation organized and doing business under the laws of the United States or of any State or Territory thereof or of the District of Columbia, which (a) is authorized under such laws to exercise corporate trust powers, (b) is subject to supervision or examination by federalFederal, stateState, territorial Territorial or District of Columbia authority, (c) shall have at all times a combined capital and surplus of not less than $50,000,000 5,000,000 and (d) shall not be the Company or any person directly or indirectly controlling, controlled by, or under common control with the Company. If such corporation publishes reports of condition at least annually, pursuant to law, or to the requirements of the aforesaid supervising or examining authority, then for the purposes of this Section, the combined capital and surplus of such corporation at any time shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. In case at any time the Trustee shall cease to be eligible in accordance with the provisions of this Section, the Trustee shall resign immediately in the manner and with the effect specified in Section 7.10.

Appears in 1 contract

Samples: Indenture (Raymond James Financial Inc)

Eligibility of Trustee. There shall at all times be a Trustee trustee hereunder which shall be a corporation organized and doing business under the laws of the United States or of any State or Territory thereof or of the District of Columbia, or a corporation or other person permitted to act as trustee by the Securities and Exchange Commission, which (a) is authorized under such laws to exercise corporate trust Trust powers, and (b) is subject to supervision or examination by federalFederal, stateState, territorial Territorial or District of Columbia authority, authority and (c) shall have at all times a combined capital and surplus of not less than $50,000,000 and (d) shall not be the Company or any person directly or indirectly controlling, controlled by, or under common control with the Companyfive million dollars. If such corporation institution publishes reports of condition at least annually, pursuant to law, or to the requirements of or the aforesaid supervising or examining authority, then for the purposes of this Section, the combined capital and surplus of such corporation at any time shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. In case at any time the Trustee shall cease to be eligible in accordance with the provisions of this Section, the Trustee shall resign immediately in the manner and with the effect specified in Section 7.10.

Appears in 1 contract

Samples: Indenture (Aeroquip-Vickers Inc)

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Eligibility of Trustee. There shall at all times be a Trustee trustee hereunder which shall be a corporation organized and doing business under the laws of the United States or of any State or Territory thereof or of the District of Columbia, or a corporation or other person permitted to act as trustee by the Securities and Exchange Commission, which (a) is authorized under such laws to exercise corporate trust powers, and (b) is subject to supervision or examination by federalFederal, stateState, territorial Territorial or District of Columbia authority, authority and (c) shall have at all times a combined capital and surplus of not less than $50,000,000 and (d) shall not be the Company or any person directly or indirectly controlling, controlled by, or under common control with the Companyfive million dollars. If such corporation institution publishes reports of condition at least annually, pursuant to law, or to the requirements of the aforesaid supervising or examining authority, then for the purposes of this Section, the combined capital and surplus of such corporation at any time shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. In case at any time the Trustee shall cease to be eligible in accordance with the provisions of this Section, the Trustee shall resign immediately in the manner and with the effect specified in Section 7.10.

Appears in 1 contract

Samples: Indenture (Trinova Corp)

Eligibility of Trustee. There shall at all times be a Trustee with respect to the Securities hereunder which shall be a corporation organized and doing business under the laws of the United States or of any State state or Territory territory thereof or of the District of Columbia, which (a) is Columbia authorized under such laws to exercise corporate trust powerspower's, (b) is having a combined capital and surplus of at least $5,000,000, subject to supervision or examination by federalFederal, state, territorial territorial, or District of Columbia authorityauthority and having its principal office and place of business in Chicago, (c) shall have at all times Illinois, if there be such a combined capital corporation having its principal office and surplus place of not less than $50,000,000 business in said City and (d) shall not be the Company or any person directly or indirectly controlling, controlled by, or under common control with the Companywilling to act as Trustee hereunder. If such corporation publishes reports of condition at least annually, pursuant to law, law or to the requirements of the aforesaid supervising or examining authority, then for the purposes of this SectionSection 8.09, the combined capital and surplus of such corporation at any time shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. In case at any time the Trustee with respect to the Securities shall cease to be eligible in accordance with the provisions of this SectionSection 8.09, the such Trustee shall resign immediately in the manner and with the effect specified in Section 7.108.10.

Appears in 1 contract

Samples: Indenture (Cincinnati Financial Corp)

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