Common use of Eligibility Requirements for Owner Trustee Clause in Contracts

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; authorized to exercise corporate trust powers; having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal or state authorities; and having (or having a parent that has) a rating of at least Baa3 by Moody's or is otherwise acceptable to the Rating Agencies. If such corporation shall publish reports of condition at least annually pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 9.01, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 9.02.

Appears in 50 contracts

Samples: Trust Agreement (GSC Capital Corp. Mortgage Trust 2006-2), Trust Agreement (Cwabs Trust 2005-Hyb9), Trust Agreement (New Century Home Equity Loan Trust 2006-S1)

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Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; authorized to exercise corporate trust powers; having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal or state authorities; and having (or having a parent that has) a rating of at least Baa3 by Moody's or is otherwise acceptable to the Rating Agenciesand A-1 by Standard & Poor's. If such corporation shall publish reports of condition at least annually pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 9.01Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 9.0210.02.

Appears in 35 contracts

Samples: Trust Agreement (Onyx Acceptance Financial Corp), Trust Agreement (WFS Receivables Corp), Trust Agreement (Onyx Acceptance Financial Corp)

Eligibility Requirements for Owner Trustee. (a) The Owner Trustee shall at all times (i) be a corporation satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; authorized to exercise corporate trust powers; having (ii) have a combined capital and surplus of at least $50,000,000 and shall be subject to supervision or examination by federal or state authorities; and having (iii) shall have (or having shall have a parent that has) a long-term debt rating of at least Baa3 investment grade by Moody's each of the Rating Agencies or is be otherwise acceptable to the Rating Agencies. If such corporation shall publish reports of condition at least annually annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this SectionSection 9.1, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 9.019.1, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 9.029.2.

Appears in 25 contracts

Samples: Trust Agreement (Usaa Acceptance LLC), Trust Agreement (Usaa Federal Savings Bank), Trust Agreement (Bear Stearns Asset Backed Funding Inc)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; authorized to exercise corporate trust powers; having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal or state authorities; and having (or having a parent that has) long-term debt obligations with a rating of at least Baa3 A by Moody's or is otherwise acceptable to the Rating AgenciesStandard & Poor's. If such corporation shall publish reports of condition at least annually pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 9.01, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 9.02.

Appears in 22 contracts

Samples: Trust Agreement (GMACM Home Equity Loan Trust 2006-He5), Trust Agreement (GMACM Home Loan Trust 2006-Hltv1), Trust Agreement (GMACM Home Equity Loan Trust 2006-He2)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; authorized to exercise corporate trust powers; having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal or state authorities; and having (or having a parent that has) a rating of time deposits that are rated at least Baa3 A-1 by Standard & Poor's and P-1 by Moody's or is otherwise acceptable to the Rating Agencies's. If such corporation shall publish reports of condition at least annually pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 9.01Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 9.0210.02.

Appears in 21 contracts

Samples: Trust Agreement (Premier Auto Trust 1997-3), Trust Agreement (Premier Auto Trust 1996-4), Trust Agreement (Premier Auto Trust 1998-1)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; authorized to exercise corporate trust powers; having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal or state authorities; and having (or having a parent that has) long-term debt obligations with a rating of at least Baa3 A by Standard & Poor's, Moody's or is otherwise acceptable to the Rating Agenciesand/or Fitch Ratings. If such corporation shall publish reports of condition at least annually pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 9.01, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 9.02.

Appears in 13 contracts

Samples: Trust Agreement (Home Equity Loan Trust 2007-Hsa3), Trust Agreement (Home Equity Loan Trust 2006-Hsa4), Trust Agreement (Home Equity Loan Trust 2006-Hsa3)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; authorized to exercise corporate trust powers; having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal or state authorities; and having (or having a parent that has) long-term debt obligations with a rating of at least Baa3 A by Moody's or is otherwise acceptable to the Rating Agenciesand/or Standard & Poor's. If such corporation shall publish reports of condition at least annually pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 9.01, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 9.02.

Appears in 13 contracts

Samples: Trust Agreement (Home Loan Trust 2006-Hi4), Trust Agreement (Home Loan Trust 2006-Hi2), Trust Agreement (Home Loan Trust 2006-Hi5)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; authorized to exercise corporate trust powers; having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal or state authorities; and having (or having a parent that has) a rating of at least Baa3 by Moody's ’s or is otherwise acceptable to the Rating Agencies. If such corporation shall publish reports of condition at least annually pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 9.01, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 9.02.

Appears in 13 contracts

Samples: Trust Agreement (GSC Capital Corp. Mortgage Trust 2006-1), Trust Agreement (Impac CMB Trust Series 2005-8), Trust Agreement (Renaissance Home Equity Loan Trust 2005-2)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; authorized to exercise corporate trust powers; having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal or state authorities; and having (or having a parent that has) a rating of time deposits that are rated at least Baa3 "A-1" by Standard & Poor's and "P-1" by Moody's or is otherwise acceptable to the Rating Agencies's. If such corporation shall publish reports of condition at least annually pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 9.01Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 9.0210.02.

Appears in 11 contracts

Samples: Trust Agreement (DaimlerChrysler Financial Services Americas LLC), Trust Agreement (Daimlerchrysler Auto Trust 2003-B), Trust Agreement (Daimlerchrysler Services North America LLC)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; authorized to exercise corporate trust powers; having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal or state authorities; and having (or having a parent that has) a rating of time deposits that are rated at least Baa3 "A-1" by Standard & Poor's and "P-1" by Moody's or is otherwise acceptable to the Rating Agencies's. If such corporation shall publish reports of condition at least annually pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 9.01Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 9.0210.02.

Appears in 11 contracts

Samples: Trust Agreement (Daimlerchrysler Auto Trust 2002 A), Trust Agreement (Daimlerchrysler Auto Trust 2001-A), Trust Agreement (Daimlerchrysler Auto Trust 2001 B)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; authorized to exercise corporate trust powers; having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal or state authorities; and having (or having a parent that has) long-term debt obligations with a rating of at least Baa3 A by Moody's or is otherwise acceptable to the Rating AgenciesStandard & Poor's. If such corporation shall publish reports of condition at least annually pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 9.01, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 9.02.

Appears in 10 contracts

Samples: Trust Agreement (Residential Asset Mortgage Products Inc), Trust Agreement (Residential Asset Mortgage Products Inc), Trust Agreement (Residential Asset Mortgage Products Inc)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; Act and it shall at all times be authorized to exercise corporate trust powers; having a combined capital and surplus of at least $50,000,000 and 50,000,000, subject to supervision or examination by federal or state authorities; authorities and having (or having a parent that which has) a long-term rating of at least Baa3 “A” (or the equivalent) by Moody's or is otherwise acceptable to the each Rating AgenciesAgency. If such corporation shall publish reports of condition at least annually pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 9.01Section, the Owner Trustee shall resign immediately promptly in the manner and with the effect specified in Section 9.0210.02.

Appears in 10 contracts

Samples: Trust Agreement (World Omni Auto Receivables Trust 2006-B), Trust Agreement (World Omni Auto Receivables LLC), Trust Agreement (World Omni Auto Receivables Trust 2008-A)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; authorized to exercise corporate trust powers; having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal or state authorities; and having (or having a parent that has) long-term debt obligations with a rating of at least Baa3 A by Moody's or is otherwise acceptable to the Rating Agenciesand/or Standard & Poor's. If such corporation shall publish reports of condition at least annually pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 9.01, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 9.02.

Appears in 9 contracts

Samples: Trust Agreement (Morgan Stanley Abs Capital I Inc), Owner Trust Agreement (Residential Funding Mortgage Securities Ii Inc), Trust Agreement (Residential Asset Mortgage Products Inc)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times (i) be a corporation satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; authorized to exercise corporate trust powers; having , (ii) have a combined capital and surplus of at least $50,000,000 and be subject to supervision or examination by federal or state authorities; State authorities and having (iii) have (or having have a parent that has) a long-term debt rating of at least Baa3 investment grade by Moody's each of the Rating Agencies or is otherwise be acceptable to each of the Rating Agencies. If such corporation entity shall publish reports of condition at least annually pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, the combined capital and surplus of such corporation or banking association shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. In case If at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 9.01Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 9.0210.02.

Appears in 9 contracts

Samples: Trust Agreement (Wachovia Auto Loan Owner Trust 2007-1), Trust Agreement (Pooled Auto Securities Shelf LLC), Trust Agreement (Wachovia Auto Owner Trust 2005-B)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; authorized to exercise corporate trust powers; having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal Federal or state authorities; and having (or having a parent that which has) a short-term debt rating of at least Baa3 by Moody's “A-1” or the equivalent by, or which is otherwise acceptable to the to, each Rating AgenciesAgency. If such corporation shall publish reports of condition at least annually annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 9.01Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 9.02.

Appears in 8 contracts

Samples: Trust Agreement (Sast 2006-3), Trust Agreement (Saxon Asset Securities Trust 2005-1), Trust Agreement (Structured Asset Sec Corp Thornburg Mort Sec Trust 2003 6)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; authorized to exercise corporate trust powers; and (a) having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal or state authorities; and having (or having a parent that has) a rating of at least Baa3 by Moody's Xxxxx’x; or is otherwise acceptable to (b) which satisfies the Rating AgenciesAgency Condition. If such corporation shall publish reports of condition at least annually pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 9.01Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 9.0210.02.

Appears in 8 contracts

Samples: Trust Agreement (Harley-Davidson Motorcycle Trust 2013-1), Trust Agreement (Harley Davidson Customer Funding Corp), Trust Agreement (Harley-Davidson Motorcycle Trust 2011-2)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; authorized to exercise corporate trust powers; having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal or state authorities; and having (or having a parent that has) a rating of at least Baa3 [____] by Moody's or is otherwise acceptable to the Rating Agencies[__________]. If such corporation shall publish reports of condition at least annually pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 9.01Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 9.0210.02.

Appears in 8 contracts

Samples: Trust Agreement (J P Morgan Acceptance Corp I), Trust Agreement (Directors Asset Conduit Corp), Trust Agreement (Cwabs Inc)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall will at all times be a corporation (i) satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; (ii) authorized to exercise corporate trust powers; (iii) having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal or state authorities; and having (or having a parent that hasiv) a rating of at least Baa3 by Moody's or is otherwise acceptable to the Rating AgenciesSecurity Insurer in its sole discretion (so long as an Insurer Default will not have occurred and be continuing). If such corporation shall will publish reports of condition at least annually annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this SectionSection 9.1, the combined capital and surplus of such corporation shall will 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 Owner Trustee shall will cease to be eligible in accordance with the provisions of this Section 9.019.1, the Owner Trustee shall will resign immediately in the manner and with the effect specified in Section 9.029.2.

Appears in 8 contracts

Samples: Trust Agreement (Triad Financial Special Purpose LLC), Trust Agreement (Triad Financial Special Purpose LLC), Trust Agreement (Triad Financial Special Purpose LLC)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a Domestic corporation satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; authorized to exercise corporate trust powers; having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal or state authorities; and having (or having a parent that has) a rating of at least Baa3 by Moody's or is otherwise acceptable to the Rating Agenciesand A-1 by Standard & Poor's. If such corporation shall publish reports of condition at least annually pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 9.01Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 9.0210.02.

Appears in 7 contracts

Samples: Trust Agreement (Onyx Acceptance Financial Corp), Trust Agreement (Onyx Acceptance Financial Corp), Trust Agreement (Onyx Acceptance Financial Corp)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; authorized to exercise corporate trust powers; having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal Federal or state authorities; and having (or having a parent that which has) a rating of at least Baa3 "Baa3" by Moody's or is otherwise and "A-1" by Standard & Poor's and being acceptable to the Rating AgenciesNote Insurer. If such corporation shall publish reports of condition at least annually annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 9.01Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 9.0210.2.

Appears in 7 contracts

Samples: Trust Agreement (Amresco Residential Securities Corp), Trust Agreement (Imc Home Equity Loan Owner Trust 1998-7), Trust Agreement (Imc Home Equity Loan Owner Trust 1998-6)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; authorized to exercise corporate trust powers; having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal or state authorities; and having (or having a parent that which has) a rating of at least Baa3 "Baa3" by Moody's or is otherwise acceptable to the Rating Agenciesand at least "BBB-" by Standard & Poor's. If such corporation shall publish reports of condition at least annually annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 9.01Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 9.0210.02.

Appears in 6 contracts

Samples: Trust Agreement (Caterpillar Financial Asset Trust 2008-A), Trust Agreement (Caterpillar Financial Asset Trust 2006-A), Trust Agreement (Caterpillar Financial Funding Corp)

Eligibility Requirements for Owner Trustee. (a) The Owner Trustee shall at all times (i) be a corporation satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; authorized to exercise corporate trust powers; having (ii) have a combined capital and surplus of at least $50,000,000 and shall be subject to supervision or examination by federal or state authorities; and having (iii) shall have (or having shall have a parent that has) a long-term debt rating of at least Baa3 investment grade by Moody's each of the Rating Agencies or is be otherwise acceptable to the Rating Agencies. If such corporation shall publish reports of condition at least annually annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this SectionSection 10.1, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 9.0110.1, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 9.0210.2.

Appears in 6 contracts

Samples: Trust Agreement (Ford Credit Auto Receivables Two LLC), Trust Agreement (Ford Credit Auto Receivables Two LLC), Trust Agreement (Ford Credit Auto Receivables Two LLC)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; authorized to exercise corporate trust powers; having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal or state authorities; and having (or having a parent that has) long-term debt obligations with a rating of at least Baa3 A by Moody's, Standard & Poor's or is otherwise acceptable to the Rating AgenciesFitch, if rated by Fitch. If such corporation shall publish reports of condition at least annually pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 9.01, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 9.02.

Appears in 6 contracts

Samples: Trust Agreement (Residential Asset Mortgage Products Inc), Trust Agreement (Residential Asset Mortgage Products Inc), Trust Agreement (Residential Asset Mortgage Products Inc)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Trust StatuteAct; authorized to exercise corporate trust powers; having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal or state authorities; and having (or having a parent that has) a rating of at least Baa3 "Baa3" by MoodyXxxxx'x, "A-1" by Standard & Poor's or is otherwise acceptable to the Rating Agenciesand "F1" from Fitch. If such corporation shall publish reports of condition at least annually pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 9.01Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 9.0210.02.

Appears in 5 contracts

Samples: Trust Agreement (WFS Financial 2005-1 Owner Trust), Trust Agreement (WFS Receivables Corp 3), Trust Agreement (WFS Receivables Corp 3)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times (i) be a corporation satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; , (ii) be authorized to exercise corporate trust powers; having , (iii) have a combined capital and surplus of at least $50,000,000 and 50,000,000, (iv) be subject to supervision or examination by federal or state authorities; authorities and having (or having a parent that hasv) a rating of at least Baa3 by Moody's or is otherwise acceptable to have the Rating AgenciesRequired Rating. If such corporation shall publish reports of condition at least annually pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 9.01Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 9.0210.02.

Appears in 5 contracts

Samples: Trust Agreement (American Honda Receivables Corp), Trust Agreement (American Honda Receivables Corp), Trust Agreement (American Honda Receivables Corp)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; authorized to exercise corporate trust powers; having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal or state authorities; and having (or having a parent that has) long term debt obligations with a rating of at least Baa3 A by Moody's or is otherwise acceptable to the Rating Agenciesand/or Standard & Poor's. If such corporation shall publish reports of condition at least annually pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 9.01, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 9.02.

Appears in 5 contracts

Samples: Trust Agreement (Residential Funding Mortgage Securities Ii Inc), Trust Agreement (Residential Funding Mortgage Securities Ii Inc), Trust Agreement (Residential Funding Mortgage Securities Ii Inc)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; authorized to exercise corporate trust powers; having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal or state authorities; and having (or having a parent that has) long term debt obligations with a rating of at least Baa3 A (or the equivalent) by Standard & Poor’s, Fitch and/or Moody's or is otherwise acceptable to the Rating Agencies’s. If such corporation shall publish reports of condition at least annually pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 9.01, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 9.02.

Appears in 5 contracts

Samples: Trust Agreement (Irwin Whole Loan Home Equity Trust 2005-C), Trust Agreement (Home Equity Mortgage Trust 2007-1), Trust Agreement (Irwin Whole Loan Home Equity Trust 2005-B)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; authorized to exercise corporate trust powers; having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal or state authorities; and having (or having a parent that has) long-term debt obligations with a rating of at least Baa3 A by Moody's or is otherwise acceptable to the Rating AgenciesXxxxx'x and/or Standard & Poor's. If such corporation shall publish reports of condition at least annually pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 9.01, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 9.02.

Appears in 5 contracts

Samples: Trust Agreement (Residential Funding Mortgage Securities Ii Inc), Trust Agreement (Residential Funding Mortgage Securities Ii Inc), Trust Agreement (Residential Funding Mortgage Securities Ii Inc)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; authorized to exercise corporate trust powers; having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal or state authorities; and having (or having a parent that has) long- term debt obligations with a rating of at least Baa3 A by Moody's or is otherwise acceptable to the Rating Agenciesand/or Standard & Poor's. If such corporation shall publish reports of condition at least annually pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 9.01, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 9.02.

Appears in 5 contracts

Samples: Owner Trust Agreement (Residential Fund Mort Sec Home Loan-BCKD NTS Ser 2004-Hi1), Owner Trust Agreement (Residential Funding Mortgage Securities Ii Inc), Owner Trust Agreement (Residential Funding Mortgage Securities Ii Inc)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; authorized to exercise corporate trust powers; having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal or state authorities; and having (or having a parent that has) a rating of at least Baa3 [Baa3] by Moody's or is otherwise acceptable to the Rating Agencies[Xxxxx'x]. If such corporation shall publish reports of condition at least annually pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 9.01, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 9.02.

Appears in 5 contracts

Samples: Trust Agreement (Opteum Mortgage Acceptance CORP), Trust Agreement (Homestar Mortgage Acceptance Corp), Trust Agreement (MILA Mortgage Acceptance, Inc.)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; authorized to exercise corporate trust powers; powers having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal Federal or state authorities; and having (or having a parent that which has) a long-term rating of at least Baa3 "___" by Moody's or is otherwise _____________ and ______________ [and being acceptable to the Rating AgenciesSecurities Insurer]. If such corporation shall publish reports of condition at least annually annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 9.01Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 9.0210.2.

Appears in 4 contracts

Samples: Owner Trust Agreement (Bcap LLC), Trust Agreement (Hsi Asset Securitization Corp), Owner Trust Agreement (Painewebber Mortgage Acceptance Corporation Iv)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; authorized to exercise corporate trust powers; having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal or state authorities; and having (or having a parent that which has) a rating of at least Baa3 by Moody's or is otherwise acceptable to the Rating Agenciesand at least BBB- by Standard & Poor's. If such corporation shall publish reports of condition at least annually annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 9.01Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 9.02SECTION 10.02.

Appears in 4 contracts

Samples: Trust Agreement (Caterpillar Financial Funding Corp), Trust Agreement (Caterpillar Financial Funding Corp), Trust Agreement (Caterpillar Financial Funding Corp)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; authorized to exercise corporate trust powers; having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal or state authorities; and having (or having a parent that has) a rating of at least Baa3 by Moody's or is otherwise acceptable to the Rating AgenciesMoody's and Standard & Poor's. If such corporation shall publish reports of condition at least annually pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 9.01, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 9.02.

Appears in 4 contracts

Samples: Trust Agreement (Imh Assets Corp Impac CMB Trust Series 2002 9f), Trust Agreement (Imh Assets Corp), Trust Agreement (Imh Assets Corp Impac CMB Trust Series 2003-2f)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; authorized to exercise corporate trust powers; having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal or state authorities; and having (or having a parent that has) long-term debt obligations with a rating of at least Baa3 A by Moody's ’s or is otherwise acceptable to the Rating AgenciesStandard & Poor’s. If such corporation shall publish reports of condition at least annually pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 9.01, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 9.02.

Appears in 4 contracts

Samples: Trust Agreement (Phoenix Residential Securities, LLC), Trust Agreement (Phoenix Residential Securities, LLC), Trust Agreement (BellaVista Finance CORP)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; authorized to exercise corporate trust powers; and (a)(i) having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal or state authorities; authorities and (ii) having (or having a parent that has) a rating of at least Baa3 by Moody's Xxxxx’x, or is otherwise acceptable to (b) that satisfies the Rating AgenciesAgency Condition. If such corporation shall publish reports of condition at least annually pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 9.01Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 9.0210.02.

Appears in 4 contracts

Samples: Trust Agreement (Harley-Davidson Customer Funding Corp.), Trust Agreement (Harley-Davidson Motorcycle Trust 2016-A), Trust Agreement (Harley-Davidson Customer Funding Corp.)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; authorized to exercise corporate trust powers; having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal or state authorities; and having (or having a parent that has) a rating of at least Baa3 by Moody's or is otherwise acceptable to the Rating AgenciesBond Insurer, Xxxxx'x and Standard & Poor's. If such corporation shall publish reports of condition at least annually pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 9.01, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 9.02.

Appears in 4 contracts

Samples: Trust Agreement (Imh Assets Corp Collateralized Asset Backed Bonds Ser 2000 1), Trust Agreement (Imh Assets Corp), Trust Agreement (Imh Assets Corp Collateralized Asset-Backed BDS Ser 1999-2)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; authorized to exercise corporate trust powers; having a combined capital and surplus of at least $50,000,000 __________ and subject to supervision or examination by federal or state authorities; and having (or having a parent that has) a rating of at least Baa3 by [Moody's or is otherwise acceptable to the Rating Agencies's]. If such corporation shall publish reports of condition at least annually lexxx xxxually pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 9.01, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 9.02.

Appears in 4 contracts

Samples: Trust Agreement (Park Place Securities, Inc.), Trust Agreement (National City Mortgage Capital LLC), Trust Agreement (New Century Mortgage Securities LLC)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; authorized to exercise corporate trust powers; having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal or state authorities; and having (or having a parent that has) long-term debt obligations with a rating of at least Baa3 A by Moody's ’s, Standard & Poor’s or is otherwise acceptable to the Rating AgenciesFitch, if rated by Fitch. If such corporation shall publish reports of condition at least annually pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 9.01, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 9.02.

Appears in 3 contracts

Samples: Trust Agreement (Wachovia Asset Securitization Inc 2002 He2 Trust), Trust Agreement (Wachovia Mortgage Loan Trust, LLC), Trust Agreement (Wachovia Asset Securitization Inc 2002 He2 Trust)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; authorized to exercise corporate trust powers; having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal or state authorities; and having (or having a parent that has) a rating of at least Baa3 by Moody's or is otherwise acceptable to the Rating AgenciesXxxxx'x. If such corporation shall publish reports of condition at least annually pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 9.01, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 9.02.

Appears in 3 contracts

Samples: Trust Agreement (Impac CMB Trust Series 1998-2), Trust Agreement (Imh Assets Corp), Trust Agreement (Impac Secured Assets CMN Trust Series 1998-1)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; authorized to exercise corporate trust powers; having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal or state authorities; and having (or having a parent that has) a rating of at least Baa3 [Baa3] by [Moody's or is otherwise acceptable to the Rating Agencies's]. If such corporation shall publish reports of condition at least annually lxxxx xxnually pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 9.01, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 9.02.

Appears in 3 contracts

Samples: Trust Agreement (Structured Asset Mortgage Investments Ii Inc), Trust Agreement (American Home Mortgage Assets LLC), Trust Agreement (Quick Loan Funding Mortgage Acceptance CORP)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; authorized to exercise corporate trust powers; having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal or state authorities; and having (or having a parent that has) long term debt obligations with a rating of at least Baa3 A (or the equivalent) by Standard & Poor's and/or Moody's or is otherwise acceptable to the Rating Agencies's. If such corporation shall publish reports of condition at least annually pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 9.01, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 9.02.

Appears in 3 contracts

Samples: Owner Trust Agreement (Cendant Mortgage Capital LLC), Owner Trust Agreement (DLJ Mortgage Acceptance Corp), Owner Trust Agreement (Deutsche Alt-a Securities Inc)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; authorized to exercise corporate trust powers; having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal or state authorities; and having (or having a parent that has) long-term debt obligations with a rating of at least Baa3 A by Moody's, Standard & Poor's or is otherwise acceptable to the Rating AgenciesFitch, if rated by Fitch. If such corporation shall publish reports of condition at least annually pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 9.01, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 9.02.

Appears in 3 contracts

Samples: Trust Agreement (Wachovia Mortgage Loan Trust, LLC), Trust Agreement (Wachovia Asset Sec Series 2004 - HE1), Trust Agreement (Wachovia Asset Securitization Inc 2003-He2 Trust)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; authorized to exercise corporate trust powers; having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal or state authorities; and having (or having a parent that which has) a rating of at least Baa3 by Moody's or is otherwise acceptable to the Rating Agenciesand at least BBB- by Standard & Poor's. If such corporation shall publish reports of condition at least annually annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 9.01Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 9.0210.02.

Appears in 3 contracts

Samples: Trust Agreement (Caterpillar Financial Funding Corp), Trust Agreement (Caterpillar Financial Funding Corp), Trust Agreement (Caterpillar Financial Funding Corp)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; Statute and it shall at all times be authorized to exercise corporate trust powers; having a combined capital and surplus of at least $50,000,000 and 50,000,000, subject to supervision or examination by federal or state authorities; authorities and having (or having a parent that which has) a long-term rating of at least Baa3 "A" (or the equivalent) by Moody's or is otherwise acceptable to the each Rating AgenciesAgency. If such corporation shall publish reports of condition at least annually pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 9.01Section, the Owner Trustee shall resign immediately promptly in the manner and with the effect specified in Section 9.0210.02.

Appears in 3 contracts

Samples: Trust Agreement (World Omni Auto Receivables LLC), Trust Agreement (World Omni Auto Receivables LLC), Trust Agreement (World Omni Auto Receivables LLC)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; authorized to exercise corporate trust powers; having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal or state authorities; and having (or having a parent that has) a rating of at least Baa3 by Moody's or is otherwise acceptable to xx xxx Bond Insurer and the Rating Agencies. If such corporation shall publish reports of condition at least annually pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 9.01, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 9.02.

Appears in 3 contracts

Samples: Trust Agreement (Imh Assets Corp Impac CMB Trust Series 2003-6), Trust Agreement (Imh Assets Corp Impact CMB Trust Series 2002-7), Trust Agreement (Impac CMB Trust Series 2002-8)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; authorized to exercise corporate trust powers; having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal or state authorities; and having (or having a parent that has) a rating of at least Baa3 [Baa3] by [Moody's or is otherwise acceptable to the Rating Agencies's]. If such corporation shall publish reports of condition at least annually lexxx xxxually pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 9.01, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 9.02.

Appears in 3 contracts

Samples: Trust Agreement (Opteum Mortgage Acceptance CORP), Trust Agreement (MortgageIT Securities Corp.), Trust Agreement (MILA Mortgage Acceptance, Inc.)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; authorized to exercise corporate trust powers; having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal or state authorities; and having (or having a parent that has) a rating of at least Baa3 by Moody's or is otherwise acceptable to the Insurer and the Rating Agencies. If such corporation shall publish reports of condition at least annually pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 9.01, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 9.02.

Appears in 3 contracts

Samples: Trust Agreement (American Home Mortgage Investment Trust 2004-4), Trust Agreement (American Home Mortgage Investment Trust 2004-4), Trust Agreement (American Home Mortgage Investment Trust 2004-4)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; authorized to exercise corporate trust powers; and (a)(i) having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal or state authorities; authorities and (ii) having (or having a parent that has) a rating of at least Baa3 by Moody's ’s, or is otherwise acceptable to (b) that satisfies the Rating AgenciesAgency Condition. If such corporation shall publish reports of condition at least annually pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 9.01Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 9.0210.02.

Appears in 3 contracts

Samples: Trust Agreement (Harley-Davidson Customer Funding Corp.), Trust Agreement (Harley-Davidson Customer Funding Corp.), Trust Agreement (Harley-Davidson Motorcycle Trust 2015-2)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; authorized to exercise corporate trust powers; having a combined capital and surplus of at least $50,000,000 __________ and subject to supervision or examination by federal or state authorities; and having (or having a parent that has) a rating of at least Baa3 by Moody's or is otherwise acceptable to the Rating Agencies[Xxxxx'x]. If such corporation shall publish reports of condition at least annually pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 9.01, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 9.02.

Appears in 3 contracts

Samples: Trust Agreement (WaMu Asset Acceptance Corp.), Trust Agreement (Long Beach Securities Corp), Trust Agreement (WaMu Asset Acceptance Corp.)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; authorized to exercise corporate trust powers; having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal or state authorities; and having (or having a parent that has) a rating of at least Baa3 by [Moody's or is otherwise acceptable to the Rating Agencies's]. If such corporation shall publish reports of condition at least annually lexxx xxxually pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 9.01, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 9.02.

Appears in 3 contracts

Samples: Trust Agreement (Southern Pacific Secured Assets Corp), Trust Agreement (Namco Securities Corp), Trust Agreement (Salomon Brothers Mortgage Securities Vii Inc)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation an entity satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; Act and it shall at all times be authorized to exercise corporate trust powers; having a combined capital and surplus of at least $50,000,000 and 50,000,000, subject to supervision or examination by federal or state authorities; authorities and having (or having a parent that which has) a long-term rating of at least Baa3 “A” (or the equivalent) by Moody's or is otherwise acceptable to the each Rating AgenciesAgency. If such corporation entity shall publish reports of condition at least annually pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, the combined capital and surplus of such corporation entity 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 9.01Section, the Owner Trustee shall resign immediately promptly in the manner and with the effect specified in Section 9.0210.02.

Appears in 3 contracts

Samples: Trust Agreement (World Omni Auto Leasing LLC), Trust Agreement (World Omni Automobile Lease Securitization Trust 2011-A), Trust Agreement (World Omni Automobile Lease Securitization Trust 2009-A)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Trust StatuteAct; authorized to exercise corporate trust powers; having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal or state authorities; and having (or having a parent that has) a rating of at least Baa3 by Moody's or is otherwise acceptable to the Rating Agenciesand A-1 by Standard & Poor's. If such corporation shall publish reports of condition at least annually pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 9.01Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 9.0210.02.

Appears in 3 contracts

Samples: Trust Agreement (WFS Receivables Corp 3), Trust Agreement (WFS Receivables Corp 2), Trust Agreement (WFS Receivables Corp)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; authorized to exercise corporate trust powers; having a combined capital and surplus of at least $50,000,000 100,000,000 and subject to supervision or examination by federal Federal or state authorities; and having (or having a parent that which has) a rating of at least Baa3 "Baa3" by Moody's or is otherwise and "A-1" by Standard & Poor's and being acceptable to the Rating AgenciesNote Insurer. If such corporation shall publish reports of condition at least annually annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 9.01Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 9.0210.2.

Appears in 3 contracts

Samples: Trust Agreement (First Alliance Mortgage Loan Trust 1998-2), Trust Agreement (First Alliance Mortgage Loan Trust 1998-1f), Trust Agreement (First Alliance Mortgage Loan Trust 1998-1a)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; authorized to exercise corporate trust powers; and (a) having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal or state authorities; and having (or having a parent that has) a rating of at least Baa3 by Moody's ’s; or is otherwise acceptable to (b) which satisfies the Rating AgenciesAgency Condition. If such corporation shall publish reports of condition at least annually pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 9.01Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 9.0210.02.

Appears in 2 contracts

Samples: Trust Agreement (Harley-Davidson Motorcycle Trust 2014-1), Trust Agreement (Harley-Davidson Motorcycle Trust 2012-1)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times (i) be a corporation satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; authorized to exercise corporate trust powers; having , (ii) have a combined capital and surplus of at least $50,000,000 and be subject to supervision or examination by federal or state authorities; State authorities and having (iii) have (or having have a parent that has) a long-term debt rating of at least Baa3 investment grade by Moody's Xxxxx’x and Standard & Poor’s or is otherwise be acceptable to each of the Rating Agencies. If such corporation entity shall publish reports of condition at least annually pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, the combined capital and surplus of such corporation or banking association shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. In case If at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 9.01Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 9.0210.02.

Appears in 2 contracts

Samples: Trust Agreement (Wachovia Auto Owner Trust 2008-A), Trust Agreement (WDS Receivables LLC)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times (i) maintain its principal place of business in the State of Delaware or such other location within the United States to which the Depositor shall consent in writing, (ii) be a corporation satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; authorized to exercise corporate trust powers; having , (iii) have a combined capital and surplus of at least $50,000,000 and 50,000,000, (iv) be subject to supervision or examination by federal or state authorities; authorities and having (or having a parent that hasv) a rating of at least Baa3 by Moody's or is otherwise acceptable to have the Rating AgenciesRequired Rating. If such corporation shall publish reports of condition at least annually pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 9.01Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 9.0210.02.

Appears in 2 contracts

Samples: Trust Agreement (Honda Auto Receivables 2009-1 Owner Trust), Trust Agreement (American Honda Receivables Corp)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times (i) maintain its principal place of business in the State of New York or such other location within the United States to which the Depositor shall consent in writing, (ii) be a corporation satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; authorized to exercise corporate trust powers; having , (iii) have a combined capital and surplus of at least $50,000,000 and 50,000,000, (iv) be subject to supervision or examination by federal or state authorities; authorities and having (or having a parent that hasv) a rating of at least Baa3 by Moody's or is otherwise acceptable to have the Rating AgenciesRequired Rating. If such corporation shall publish reports of condition at least annually pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 9.01Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 9.0210.02.

Appears in 2 contracts

Samples: Trust Agreement (Honda Auto Receivables 2008-2 Owner Trust), Trust Agreement (Honda Auto Receivables 2008-1 Owner Trust)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; authorized to exercise corporate trust powers; having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal or state authorities; and having (or having a parent that has) a rating of at least Baa3 by Moody's or is otherwise acceptable to the Rating AgenciesBond Insurer, Moody's and Standard & Poor's. If such corporation sxxx xxxporation shall publish reports of condition at least annually pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 9.01, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 9.02.

Appears in 2 contracts

Samples: Trust Agreement (Collateralized Asset-Backed Bonds Series 2002-3), Trust Agreement (Imh Assets Corp Impac CMB Trust Series 2002-5)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; authorized to exercise corporate trust powers; having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal or state authorities; and having (or having a parent that has) long-term debt obligations with a rating of at least Baa3 A by Moody's, Standard & Poor's or is otherwise acceptable to the Rating AgenciesFitch, if rated by Fitch. If such corporation shall publish reports of condition at least annually pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 9.01, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 9.029.02 below.

Appears in 2 contracts

Samples: Trust Agreement (Residential Asset Mortgage Products Inc), Trust Agreement (Gmacm Home Equity Loan Trust 2003-He2)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; authorized to exercise corporate trust powers; powers having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal Federal or state authorities; and having (or having a parent that which has) a long-term rating of at least Baa3 "A" by MoodyStandard & Poor's or is otherwise acceptable to the Rating Agenciesand DCR. If such corporation shall publish reports of condition at least annually annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 9.01Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 9.0210.2.

Appears in 2 contracts

Samples: Trust Agreement (Empire Funding Home Loan Owner Trust 1997-4), Ditech Funding Corp Home Loan Owner Trust 1997-1

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; authorized to exercise corporate trust powers; having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal or state authorities; and having (or having a parent that has) long-term debt obligations with a rating of at least Baa3 A by MoodyXxxxx'x, Standard & Poor's or is otherwise acceptable to the Rating AgenciesFitch, if rated by Fitch. If such corporation shall publish reports of condition at least annually pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 9.01, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 9.02.

Appears in 2 contracts

Samples: Trust Agreement (Residential Asset Mortgage Products Inc), Trust Agreement (Residential Asset Mortgage Products Inc)

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Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation an entity satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; Statute authorized to exercise corporate trust powers; , having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal or state authorities; , and having (or having a parent that which has) a rating of at least Baa3 by Moody's or is otherwise acceptable to the Rating AgenciesXxxxx'x. If such corporation entity shall publish reports of condition at least annually annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this SectionSection 10.01, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 9.01Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 9.0210.02.

Appears in 2 contracts

Samples: Trust Agreement (Toyota Motor Credit Corp), Trust Agreement (Toyota Motor Credit Corp)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; authorized to exercise corporate trust powers; having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal Federal or state authorities; and having (or having a parent that which has) a short-term debt rating of at least Baa3 by Moody's “A 1” or the equivalent by, or which is otherwise acceptable to the to, each Rating AgenciesAgency. If such corporation shall publish reports of condition at least annually annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 9.01Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 9.02.

Appears in 2 contracts

Samples: Trust Agreement (Saxon Asset Securities Co), Trust Agreement (Saxon Asset Securities Trust 2004-2)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; authorized to exercise corporate trust powers; having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal or state authorities; and having (or having a parent that has) a rating of at least Baa3 [Baa3] by Moody's or is otherwise acceptable to the Rating Agencies[Xxxxx’x]. If such corporation shall publish reports of condition at least annually pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 9.01, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 9.02.

Appears in 2 contracts

Samples: Trust Agreement (Shellpoint Mortgage Acceptance LLC), Trust Agreement (Credit Suisse First Boston Mortgage Securities Corp)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; authorized to exercise corporate trust powers; having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal or state authorities; and having (or having a parent that has) a rating of at least Baa3 by Moody's or is otherwise acceptable to the Rating Agencies[Xxxxx'x]. If such corporation shall publish reports of condition at least annually pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 9.01, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 9.02.

Appears in 2 contracts

Samples: Trust Agreement (Citigroup Commercial Mortgage Securities Inc), Trust Agreement (New Century Mortgage Securities Inc)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation Person satisfying the any applicable provisions of Section 3807(a) of the Statutory Business Trust Statute; , authorized to exercise corporate trust powers; having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal or state authorities; and having (or having a parent that which has) a rating of at least Baa3 by Moody's ’s and at least BBB- by Standard & Poor’s or is if not rated, otherwise acceptable satisfactory to the such Rating Agencies. If such corporation Person shall publish reports of condition at least annually annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, the combined capital and surplus of such corporation Person 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 9.01Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 9.02.

Appears in 2 contracts

Samples: Trust Agreement (Atlanticus Holdings Corp), Trust Agreement (Atlanticus Holdings Corp)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; authorized to exercise corporate trust powers; having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal or state authorities; and having (or having a parent that has) a rating of at least Baa3 by Moody's or is otherwise acceptable to the Rating AgenciesXxxxx'x. If such corporation shall publish reports of condition at least annually pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 9.01Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 9.0210.02.

Appears in 2 contracts

Samples: Authority And (Heller Funding Corp), Authority And (Eaglemark Inc)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; authorized to exercise corporate trust powers; having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal or state authorities; and having (or having a parent that has) a rating of time deposits that are rated at least Baa3 "P-1" by Moody's or is otherwise acceptable to the Rating Agenciesand "A-1" by Standard & Poor's. If such corporation shall publish reports of condition at least annually pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 9.01Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 9.0210.02.

Appears in 2 contracts

Samples: Trust Agreement (DaimlerChrysler Auto Trust 2006-C), Trust Agreement (DaimlerChrysler Financial Services Americas LLC)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; authorized to exercise corporate trust powers; having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal or state authorities; and having (or having a parent that has) a rating of at least Baa3 by Moody's or is otherwise acceptable to the Rating AgenciesMxxxx'x. If such corporation shall publish reports of condition at least annually pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 9.01, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 9.02.

Appears in 2 contracts

Samples: Trust Agreement (Southern Pacific Secured Assets Corp), Trust Agreement (Imh Assets Corp)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; authorized to exercise corporate trust powers; having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal or state authorities; and having (or having a parent that which has) a rating of at least Baa3 “Baa3” by Moody's or is otherwise acceptable to the Rating Agencies’s and at least “BBB-” by Standard & Poor’s. If such corporation shall publish reports of condition at least annually annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 9.01Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 9.0210.02.

Appears in 2 contracts

Samples: Trust Agreement (Caterpillar Financial Funding Corp), Trust Agreement (Caterpillar Financial Asset Trust 2005-A)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a Domestic corporation satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; authorized to exercise corporate trust powers; having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal or state authorities; and having (or having a parent that has) a rating of at least Baa3 by Moody's or is otherwise acceptable to the Rating Agencies’s and A-1 by Standard & Poor’s. If such corporation shall publish reports of condition at least annually pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 9.01Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 9.0210.02.

Appears in 2 contracts

Samples: Trust Agreement (Onyx Acceptance Owner Trust 2005-A), Trust Agreement (Onyx Acceptance Owner Trust 2005-B)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; authorized to exercise corporate trust powers; having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal or state authorities; and having (or having a parent that has) a rating of at least Baa3 [____] by Moody's or is otherwise acceptable to the Rating Agencies[__________]. If such corporation shall publish reports of condition at least annually pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this SectionSection , the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 9.01, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 9.0210.02.

Appears in 2 contracts

Samples: Trust Agreement (Morgan Stanley Abs Capital I Inc), Trust Agreement (Morgan Stanley Abs Capital I Inc)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; authorized to exercise corporate trust powers; having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal or state authorities; and having (or having a parent that has) a rating of at least Baa3 by Moody's or is otherwise acceptable to the Bond Insurer and the Rating Agencies. If such corporation shall publish reports of condition at least annually pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 9.01, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 9.02.

Appears in 2 contracts

Samples: Trust Agreement (Imh Assets Corp Impac CMB Trust Series 2003-4), Trust Agreement (Imh Assets Corp Ipac CMB Trust Series 2003-1)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; authorized to exercise corporate trust powers; having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal or state authorities; and having (or having a parent that which has) a rating of at least Baa3 by Moody's or is otherwise acceptable to the Rating Agenciesand at least BBB- by Standard & Poor's. If such corporation shall publish reports of condition at least annually annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 9.01Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 9.0210.02.

Appears in 2 contracts

Samples: And Restated Trust Agreement (Caterpillar Financial Asset Trust 2004-A), Trust Agreement (Caterpillar Financial Funding Corp)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; authorized to exercise corporate trust powers; having (iii) have a combined capital and surplus of at least $50,000,000 and shall be subject to supervision or examination by federal or state authorities; and having (iv) have (or having have a parent that has) a rating of at least Baa3 by Moody's or is otherwise acceptable to the Rating Agenciesand BBB- by Standard & Poor's. If such corporation shall publish reports of condition at least annually pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this SectionSection 10.01, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 9.0110.01, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 9.0210.02.

Appears in 2 contracts

Samples: Owner Trust Agreement (Auto Nations Receivables Corp), Owner Trust Agreement (Auto Nations Receivables Corp)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; authorized to exercise corporate trust powers; having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal Federal or state authorities; and having (or having a parent that which has) a short-term debt rating of at least Baa3 by Moody's “A-1” or the equivalent by, or which is otherwise acceptable to to, the Rating AgenciesAgency. If such corporation shall publish reports of condition at least annually annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 9.01Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 9.02.

Appears in 2 contracts

Samples: Trust Agreement (Greenwich Capital Acceptance, Inc New York Mortgage Trust 2005-1), Trust Agreement (New York Mortgage Trust 2005-2)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; authorized to exercise corporate trust powers; powers having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal Federal or state authorities; and having (or having a parent that which has) a long-term rating of at least Baa3 "A" by Moody's or is otherwise S&P and Xxxxx'x and being acceptable to the Rating AgenciesSecurities Insurer. If such corporation shall publish reports of condition at least annually annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 9.01Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 9.0210.2.

Appears in 2 contracts

Samples: Owner Trust Agreement (Painewebber Mort Acce Corp Iv Fremont Home Ln Own Tr 1999-1), Owner Trust Agreement (Painewebber Mort Acce Corp Iv Fremont Home Ln Own Tr 1999-2)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; authorized to exercise corporate trust powers; having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal or state authorities; and having (or having a parent that has) a rating of at least Baa3 by [Moody's or is otherwise acceptable to the Rating Agencies's]. If such corporation shall publish reports of condition at least annually pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 9.01, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 9.02.

Appears in 1 contract

Samples: Trust Agreement (DLJ Mortgage Acceptance Corp)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; authorized to exercise corporate trust powers; having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal or state authorities; and having (or having a parent that has) long-term debt obligations with a rating of at least Baa3 A by Standard & Poor's, Moody's or is otherwise acceptable to the Rating Agenciesand/or Fitch Ratings. If such Xx xxxh corporation shall publish reports of condition at least annually pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 9.01, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 9.02.

Appears in 1 contract

Samples: Trust Agreement (Residential Funding Mortgage Securities Ii Inc)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; authorized to exercise corporate trust powers; having a combined capital and surplus of at least $50,000,000 _______________ and subject to supervision or examination by federal or state authorities; and having (or having a parent that has) a rating of at least Baa3 _____________ by Moody's or is otherwise acceptable to the Rating Agencies___________. If such corporation shall publish reports of condition at least annually pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 9.01Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 9.0210.02.

Appears in 1 contract

Samples: Trust Agreement (Beneficial Mortgage Services Inc)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; authorized to exercise corporate trust powers; having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal Federal or state authorities; and having (or having a parent that which has) a rating of at least Baa3 "Baa3" by Moody's or is otherwise acceptable to the Rating AgenciesXxxxx'x and "A-1" by Standard & Poor's. If such corporation shall publish reports of condition at least annually annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 9.01Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 9.0210.2.

Appears in 1 contract

Samples: Trust Agreement (Oakwood Homes Corp)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a(i) of the Statutory Trust Statute; authorized to exercise corporate trust powers; (ii) having at least $1,000,000,000 in assets and a combined capital and surplus of at least $50,000,000 50,000,000; (iii) having (or having a parent which has) a long-term debt rating of at least investment grade by Xxxxx'x, S&P and Fitch (if rated by Fitch); and (iv) subject to supervision or examination by federal Federal or state State authorities; and having (or having a parent that has) a rating of at least Baa3 by Moody's or is otherwise acceptable to the Rating Agencies. If such corporation shall publish reports of condition at least annually annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 9.01Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 9.0210.2.

Appears in 1 contract

Samples: Trust Agreement (Antigua Funding Corp)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation satisfying the provisions of [Section 3807(a) of the Statutory Trust Statute]; authorized to exercise corporate trust powers; having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal Federal or state authorities; and having (or having a parent that which has) a short-term debt rating of at least Baa3 by Moody's “A-1” or the equivalent by, or which is otherwise acceptable to the to, each Rating AgenciesAgency. If such corporation shall publish reports of condition at least annually annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 9.01Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 9.02.

Appears in 1 contract

Samples: Trust Agreement (Saxon Asset Securities Co)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; authorized to exercise corporate trust powers; powers having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal Federal or state authorities; and having (or having a parent that which has) a long-term rating of at least Baa3 "A" by Moody's or is otherwise acceptable to the Rating AgenciesS&P and DCR. If such corporation shall publish reports of condition at least annually annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 9.01Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 9.0210.2.

Appears in 1 contract

Samples: Trust Agreement (Painewebber Mort Accept Corp Iv Empire Funding 1999-1)

Eligibility Requirements for Owner Trustee. The Owner ------------------------------------------ Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; authorized to exercise corporate trust powers; having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal or state authorities; and having (or having a parent that has) a rating of at least Baa3 [____] by Moody's or is otherwise acceptable to the Rating Agencies[__________]. If such corporation shall publish reports of condition at least annually pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 9.01Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 9.0210.02.

Appears in 1 contract

Samples: Trust Agreement (First Horizon Asset Securities Inc)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; authorized to exercise corporate trust powers; powers having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal Federal or state authorities; and having (or having a parent that which has) a long-term rating of at least Baa3 "A" by Fitch and DCR, and "A2" by Moody's or is otherwise acceptable to the Rating Agencies's. If such corporation shall publish reports of condition coxxxxxxx at least annually annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 9.01Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 9.0210.2.

Appears in 1 contract

Samples: Agreement (Empire Funding Home Loan Owner Trust 1998-1)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation Person satisfying the any applicable provisions of Section 3807(a) of the Statutory Trust Statute; Act, authorized to exercise corporate trust powers; having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal or state authorities; and having (or having a parent that which has) a rating of at least Baa3 by Moody's ’s and at least BBB- by Standard & Poor’s or is if not rated, otherwise acceptable satisfactory to the such Rating Agencies. If such corporation Person shall publish reports of condition at least annually annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, the combined capital and surplus of such corporation Person 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 If the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 9.01Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 9.02.

Appears in 1 contract

Samples: Trust Agreement (Cabela's Credit Card Master Note Trust)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; authorized to exercise corporate trust powers; having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal or state authorities; and having (or having a parent that has) a rating of at least Baa3 [Baa3] by Moody's or is otherwise acceptable to the Rating Agencies[Mxxxx’x]. If such corporation shall publish reports of condition at least annually pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 9.01, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 9.02.

Appears in 1 contract

Samples: Trust Agreement (Deutsche Mortgage Securities Inc)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; authorized to exercise corporate trust powers; powers having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal Federal or state authorities; and having (or having a parent that which has) a long-term rating of at least Baa3 “___” by Moody's or is otherwise _________________ and ____________________ [and being acceptable to the Rating AgenciesSecurities Insurer]. If such corporation shall publish reports of condition at least annually annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 9.01Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 9.0210.2.

Appears in 1 contract

Samples: Owner Trust Agreement (Bcap LLC)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; authorized to exercise corporate trust powers; powers having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal Federal or state authorities; and having (or having a parent that which has) a long-term rating of at least Baa3 "A" by MoodyFitch, Standard & Poor's or is otherwise acceptable to the Rating Agenciesand DCR. If such corporation shall publish reports of condition at least annually annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 9.01Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 9.0210.2.

Appears in 1 contract

Samples: Owner Trust Agreement (Painewebber Mort Accept Corp Iv Ditech Home Loan Ownr 1998-1)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; authorized to exercise corporate trust powers; having a combined capital and surplus of at least $50,000,000 __________ and subject to supervision or examination by federal or state authorities; and having (or having a parent that has) a rating of at least Baa3 by [Moody's or is otherwise acceptable to the Rating Agencies's]. If such corporation shall publish reports of condition at least annually lexxx xxxually pursuant to law or to the requirements of the aforesaid supervising supervis ing or examining authority, then for the purpose of this Section, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 9.01, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 9.02.

Appears in 1 contract

Samples: Trust Agreement (Long Beach Securities Corp)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; authorized to exercise corporate trust powers; having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal or state authorities; and having (or having a parent that has) a rating of at least Baa3 by Moody's Xxxxx'x or is otherwise acceptable to the Rating Agencies. If such corporation shall publish reports of condition at least annually pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 9.01, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 9.02.

Appears in 1 contract

Samples: Trust Agreement (New Century Home Equity Loan Trust 2005-2)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation satisfying the provisions of Section SECTION 3807(a) of the Statutory Business Trust Statute; authorized to exercise corporate trust powers; having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal or state authorities; and having (or having a parent that has) a rating of at least Baa3 by Moody's or is otherwise acceptable to the Rating Agencies's. If such corporation shall publish reports of condition at least annually pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 9.01Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 9.02SECTION 10.02.

Appears in 1 contract

Samples: Trust Agreement (Dealer Auto Receivables Corp)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; authorized to exercise corporate trust powers; having a combined capital and surplus of at least $50,000,000 __________ and subject to supervision or examination by federal or state authorities; and having (or having a parent that has) a rating of at least Baa3 by Moody's or is otherwise acceptable to the Rating Agenciesand A-1 by Standard & Poor's. If such corporation shall publish reports of condition at least annually pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this SectionSection , the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 9.01, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 9.0210.02.

Appears in 1 contract

Samples: Trust Agreement (WFS Financial 1996-D Owner Trust)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; authorized to exercise corporate trust powers; having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal or state authorities; and having (or having a parent that which has) a rating of at least Baa3 by Moody's or is otherwise acceptable to the Rating Agenciesand at least BBB- by Standard & Poor's. If such corporation shall publish reports of condition at least annually annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 9.01Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 9.02.

Appears in 1 contract

Samples: Trust Agreement (Metlife Capital Equipment Loan Trusts)

Eligibility Requirements for Owner Trustee. The Owner --------------------------------------------- Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; authorized to exercise corporate trust powers; having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal or state authorities; and having (or having a parent that has) a rating of at least Baa3 [ ] by Moody's or is otherwise acceptable to the Rating Agencies[ ]. If such corporation shall publish reports of condition ---- ---------- at least annually pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 9.01Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 9.0210.02.

Appears in 1 contract

Samples: Trust Agreement (Indymac Abs Inc)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; authorized to exercise corporate trust powers; having a combined capital and surplus of at least $50,000,000 __________ and subject to supervision or examination by federal or state authorities; and having (or having a parent that has) a rating of at least Baa3 by Moody's or is otherwise acceptable to the Rating Agencies[Xxxxx’x]. If such corporation shall publish reports of condition at least annually pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 9.01, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 9.02.

Appears in 1 contract

Samples: Trust Agreement (National City Mortgage Capital LLC)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; authorized to exercise corporate trust powers; having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal or state authorities; and having (or having a parent that has) a rating of at least Baa3 by Moody's or is Moodx'x (xx a rating otherwise acceptable to the Rating AgenciesMoodx'x). If Xf such corporation shall publish reports of condition at least annually pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 9.0110.01, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 9.0210.02.

Appears in 1 contract

Samples: Trust Agreement (Household Consumer Loan Trust 1997-1)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; authorized to exercise corporate trust powers; having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal or state authorities; and having (or having a parent that has) a rating of at least Baa3 by Moody's or is otherwise acceptable to the Bond Insurer and the Rating AgenciesAgenxxxx. If Xf such corporation shall publish reports of condition at least annually pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 9.01, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 9.02.

Appears in 1 contract

Samples: Trust Agreement (Imh Assets Corp)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; authorized to exercise corporate trust powers; having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by federal or state authorities; and having (or having a parent that has) long-term debt obligations with a rating of at least Baa3 A by Moody's Xxxxx’x, Standard & Poor’s or is otherwise acceptable to the Rating AgenciesFitch, if rated by Fitch. If such corporation shall publish reports of condition at least annually pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section, the combined capital and surplus of such corporation 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 Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 9.01, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 9.029.02 below.

Appears in 1 contract

Samples: Trust Agreement (SG Mortgage Securities, LLC)

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