Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a Person (a) satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; (b) authorized to exercise corporate trust powers; (c) having a combined capital and surplus of (or having a parent with a combined capital and surplus of) at least $100,000,000 and subject to supervision or examination by federal or state banking authorities; and (d) having (or having a parent that has) an investment grade rating with respect to S&P and Xxxxx’x. If such Person shall publish reports of condition at least annually pursuant to Applicable Law or the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section 10.01, the combined capital and surplus of such 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 10.01, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.02.
Appears in 5 contracts
Samples: Trust Agreement (Hercules Capital, Inc.), Trust Agreement (Hercules Capital, Inc.), Trust Agreement (Hercules Capital, Inc.)
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a Person corporation (ai) satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; (bii) authorized to exercise corporate trust powers; (ciii) having a combined capital and surplus of (or having a parent with a combined capital and surplus of) at least $100,000,000 50,000,000 and subject to supervision or examination by federal Federal or state banking State authorities; and (div) having (or having a parent that which has) an investment grade a rating with respect of at least Baa3 by Moody's or A-1 by Standard & Poors or being otherwise acceptable to S&P the Rating Agencies; and Xxxxx’x(v) acceptable to the Note Insurer in its sole discretion. If such Person corporation shall publish reports of condition at least annually annually, pursuant to Applicable Law law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section 10.01Section, the combined capital and surplus of such Person 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 10.01Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.0210.2.
Appears in 4 contracts
Samples: Trust Agreement (Advanta Mortgage Loan Trust 1998-4c), Trust Agreement (Advanta Mortgage Loan Trust 1998-4c), Trust Agreement (Advanta Mortgage Loan Trust 1998-4c)
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a Person corporation (ai) satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; (bii) authorized to exercise corporate trust powers; (ciii) having a combined capital and surplus of (or having a parent with a combined capital and surplus of) at least $100,000,000 50,000,000 and subject to supervision or examination by federal Federal or state banking State authorities; and (div) having (or having a parent that which has) an investment grade a rating with respect of at least Baa3 by Moody's or A-1 by Standard & Poor's or being otherwise acceptable to S&P the Rating Agencies; and Xxxxx’x(v) acceptable to the Insurer in its sole discretion. If such Person corporation shall publish reports of condition at least annually annually, pursuant to Applicable Law law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section 10.01Section, the combined capital and surplus of such Person 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 10.01Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.0210.2.
Appears in 4 contracts
Samples: Trust Agreement (Advanta Revolving Home Equity Loan Trust 1999-A), Trust Agreement (Advanta Revolving Home Equity Loan Trust 1999-A), Trust Agreement (Advanta Conduit Receivables Inc)
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a Person (a) corporation reasonably acceptable to the Note Insurer and satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; (b) authorized to exercise corporate trust powers; (c) having a combined capital and surplus of (or having a parent with a combined capital and surplus of) at least $100,000,000 50,000,000 and subject to supervision or examination by federal or state banking authorities; and (d) having (or having a parent that has) an investment grade a rating with respect of at least Baa3 or is otherwise acceptable to S&P the Note Insurer, Moody's and Xxxxx’xStandard & Poor's. If such Person corporation shall publish reports of condition at least annually pursuant to Applicable Law law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section 10.01Section, the combined capital and surplus of such Person 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 10.019.01, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.029.02.
Appears in 4 contracts
Samples: Trust Agreement (Pacificamerica Money Center Inc), Trust Agreement (Merrill Lynch Mortgage Investors Inc), Trust Agreement (Merrill Lynch Mortgage Investors Inc)
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a Person corporation (ai) satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; (bii) authorized to exercise corporate trust powers; (ciii) having a combined capital and surplus of (or having a parent with a combined capital and surplus of) at least $100,000,000 50,000,000 and subject to supervision or examination by federal or state banking State authorities; and (div) having (or having a parent that which has) an investment grade a rating with respect of at least A3 by Moody’s or A-1 by Standard & Poor’s ; and (v) acceptable to S&P and Xxxxx’xthe Insurer in its sole discretion. If such Person corporation shall publish reports of condition at least annually annually, pursuant to Applicable Law law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section 10.01Section, the combined capital and surplus of such Person 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 10.01Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.0211.2.
Appears in 3 contracts
Samples: Deposit Trust Agreement (Sequoia Residential Funding Inc), Trust Agreement (Greenpoint Mortgage Securities LLC), Trust Agreement (Greenpoint Mortgage Securities LLC)
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a Person corporation (ai) satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; (bii) authorized to exercise corporate trust powers; (ciii) having a combined capital and surplus of (or having a parent with a combined capital and surplus of) at least $100,000,000 50,000,000 and subject to supervision or examination by federal Federal or state banking State authorities; and (div) having (or having a parent that which has) an investment grade a rating with respect of at least A3 by Moody's or A-1 by Standard & Poor's; and (v) acceptable to S&P and Xxxxx’xthe Insurer in its sole discretion. If such Person corporation shall publish reports of condition at least annually annually, pursuant to Applicable Law law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section 10.01Section, the combined capital and surplus of such Person 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 10.01Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.0211.2.
Appears in 3 contracts
Samples: Trust Agreement (Greenpoint Mortgage Securities Inc/), Trust Agreement (Greenpoint Mortgage Securities Inc/), Trust Agreement (Greenpoint Mortgage Securities Inc/)
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a Person corporation (ai) satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; (bii) authorized to exercise corporate trust powers; (ciii) having a combined capital and surplus of (or having a parent with a combined capital and surplus of) at least $100,000,000 50,000,000 and subject to supervision or examination by federal or state banking State authorities; and (div) having (or having a parent that which has) an investment grade a rating with respect of at least A3 by Xxxxx’x or A-1 by Standard & Poor’s ; and (v) acceptable to S&P and Xxxxx’xthe Insurer in its sole discretion. If such Person corporation shall publish reports of condition at least annually annually, pursuant to Applicable Law law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section 10.01Section, the combined capital and surplus of such Person 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 10.01Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.0211.2.
Appears in 3 contracts
Samples: Trust Agreement (Greenpoint Mortgage Securities LLC), Trust Agreement (GreenPoint Home Equity Loan Trust 2004-4), Trust Agreement (GreenPoint Home Equity Loan Trust 2004-3)
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a Person (a) corporation satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; (b) authorized to exercise corporate trust powers; (c) having a combined capital and surplus of (or having a parent with a combined capital and surplus of) at least $100,000,000 50,000,000 and subject to supervision or examination by federal or state banking authorities; and (d) having (or having a parent that has) an investment grade rating with respect time deposits that are rated at least “F1” by Fitch, “A-1” by Standard & Poor’s and “P-1” by Moody’s or otherwise be acceptable to S&P and Xxxxx’xthe Rating Agencies. If such Person corporation shall publish reports of condition at least annually pursuant to Applicable Law law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section 10.01Section, the combined capital and surplus of such Person 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 10.01Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.02.
Appears in 3 contracts
Samples: Trust Agreement (DaimlerChrysler Auto Trust 2007-A), Trust Agreement (Daimlerchrysler Auto Trust 2008-A), Trust Agreement (Daimlerchrysler Auto Trust 2008-B)
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times (i) be a Person (a) corporation satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; (bii) at all times be able and authorized to exercise corporate trust powers; (ciii) having have a long-term debt rating of “A” or higher by Moody’s and Standard and Poor’s, or be otherwise acceptable to each Rating Agency; (iv) have combined capital and surplus of (or having a parent with a combined capital and surplus of) at least $100,000,000 50,000,000; and (v) be subject to supervision or examination by federal or state banking authorities; and (d) having (or having a parent that has) an investment grade rating with respect to S&P and Xxxxx’x. If such Person the Owner Trustee shall publish reports of condition at least annually annually, pursuant to Applicable Law law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section 10.01Section, the combined capital and surplus of such Person the Owner Trustee 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 10.01Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.02.
Appears in 3 contracts
Samples: Trust Agreement (Nissan Auto Leasing LLC Ii), Trust Agreement (Nissan-Infiniti Lt), Trust Agreement (Nissan Auto Leasing LLC Ii)
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a Person (a) satisfying the provisions of Section 3807(a) of the Statutory Trust StatuteAct; (b) authorized to exercise corporate trust powers; (c) having a combined capital and surplus of (or having a parent with a combined capital and surplus of) at least $100,000,000 50,000,000 and subject to supervision or examination by federal or state banking authorities; and (d) having (or having a parent that which has) an investment grade a rating with respect of at least Baa3 by Moody’s, or at least BBB- by Standard & Poor’s or at least BBB- by Fitch, or otherwise satisfactory to S&P and Xxxxx’xeach Rating Agency. If such Person shall publish reports of condition at least annually annually, pursuant to Applicable Law law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section 10.019.01, the combined capital and surplus of such 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 10.019.01, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.029.02.
Appears in 3 contracts
Samples: Trust Agreement (First National Funding LLC), Trust Agreement (First National Funding LLC), Trust Agreement (First National Master Note Trust)
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a Person (a) corporation satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; (b) authorized to exercise corporate trust powers; (c) powers having a combined capital and surplus of (or having a parent with a combined capital and surplus of) at least $100,000,000 50,000,000 and subject to supervision or examination by federal Federal or state banking authorities; and (d) having (or having a parent that which has) an investment grade a long-term rating with respect to S&P of at least "A" by Standard & Poor's, a division of The XxXxxx-Xxxx Companies, Inc. and Xxxxx’x. Xxxxx'x Investors Service, Inc. If such Person corporation shall publish reports of condition at least annually annually, pursuant to Applicable Law law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section 10.01Section, the combined capital and surplus of such Person 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 10.01Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.0210.2.
Appears in 2 contracts
Samples: Trust Agreement (American Business Financial Services Inc /De/), Trust Agreement (American Business Financial Services Inc /De/)
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a Person (a) satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; (b) authorized to exercise corporate trust powers; (c) having a combined capital and surplus of (or having a parent with a combined capital and surplus of) at least $100,000,000 and subject to supervision or examination by federal or state banking authorities; and (d) having (or having a parent that has) an investment grade rating with respect to S&P and Xxxxx’xMxxxx’x. If such Person shall publish reports of condition at least annually pursuant to Applicable Law or the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section 10.01, the combined capital and surplus of such 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 10.01, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.02.
Appears in 2 contracts
Samples: Trust Agreement (Horizon Technology Finance Corp), Trust Agreement (Horizon Technology Finance Corp)
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a Person satisfy the requirements of Section 26(a)(1) of the Investment Company Act. The Owner Trustee shall at all times: (a) be a corporation satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; (b) be authorized to exercise corporate trust powers; (c) having a combined capital have an aggregate capital, surplus and surplus undivided profits of (or having a parent with a combined capital and surplus of) at least $100,000,000 50,000,000; and (d) be subject to supervision or examination by federal or state banking authorities; and (d) having (or having a parent that has) an investment grade rating with respect to S&P and Xxxxx’x. If such Person corporation shall publish reports of condition at least annually annually, pursuant to Applicable Law law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section 10.018.1, the combined capital aggregate capital, surplus and surplus undivided profits of such Person corporation shall be deemed to be its combined capital aggregate capital, surplus and surplus undivided profits 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 10.018.1, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.028.2.
Appears in 2 contracts
Samples: Trust Agreement (Trans Leasing International Inc), Trust Agreement (Tl Lease Funding Corp Iv)
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times (i) be a Person (a) corporation satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; (bii) at all times be able and authorized to exercise corporate trust powers; (ciii) having have a long-term debt rating of "A" or higher by Moody's and Standard and Poor's, or be otherwise acceptable to each Rating Agency; (iv) have combined capital and surplus of (or having a parent with a combined capital and surplus of) at least $100,000,000 50,000,000; and (v) be subject to supervision or examination by federal or state banking authorities; and (d) having (or having a parent that has) an investment grade rating with respect to S&P and Xxxxx’x. If such Person the Owner Trustee shall publish reports of condition at least annually annually, pursuant to Applicable Law law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section 10.01Section, the combined capital and surplus of such Person the Owner Trustee 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 10.01Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.02.
Appears in 2 contracts
Samples: Trust Agreement (Nissan Auto Leasing LLC Ii), Trust Agreement (Nissan Auto Lease Trust 2004-A)
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a Person corporation or association (ai) satisfying the provisions of Section 3807(a) of the Delaware Statutory Trust StatuteAct; (bii) being authorized to exercise corporate trust powers; (ciii) having a combined capital and surplus of (or having a parent with a combined capital and surplus of) at least $100,000,000 50,000,000 and being subject to supervision or examination by federal Federal or state banking authorities; and (div) having (or having a parent that which has) an investment grade a rating with respect to S&P of at least “Baa3” by Xxxxx’x and Xxxxx’x. at least “BBB” by S&P. If such Person the Owner Trustee shall publish reports of condition at least annually annually, pursuant to Applicable Law law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section 10.01Section, the combined capital and surplus of such Person the Owner Trustee 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 10.01or Section 3807(a) of the Delaware Statutory Trust Act, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.02.
Appears in 2 contracts
Samples: Trust Agreement (Key Consumer Receivables LLC), Trust Agreement (KeyCorp Student Loan Trust 2005-A)
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a Person (a) satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; , (b) authorized to exercise corporate trust powers; , (c) having (or having a parent that has) a combined capital and surplus of (or having a parent with a combined capital and surplus of) at least $100,000,000 50,000,000 and subject to supervision or examination by federal or state banking authorities; , and (d) having (or having a parent that has) an investment grade a rating with respect to S&P of at least Baa3 by Xxxxx’x and Xxxxx’xBBB- by Fitch (if rated by Fitch). If such Person corporation shall publish reports of condition at least annually pursuant to Applicable Law law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section 10.01, the combined capital and surplus of such Person 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 10.01, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.02.
Appears in 2 contracts
Samples: Trust Agreement (American Capital Strategies LTD), Trust Agreement (American Capital Strategies LTD)
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a Person corporation (ai) satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; (bii) authorized to exercise corporate trust powers; (ciii) having a combined capital and surplus of (or having a parent with a combined capital and surplus of) at least $100,000,000 50,000,000 and subject to supervision or examination by federal Federal or state banking State authorities; and (div) having (or having a parent that which has) an investment grade a rating with respect of at least Baa3 by Xxxxx'x or A-1 by Standard & Poor's; and (v) acceptable to S&P and Xxxxx’xthe Insurer in its sole discretion. If such Person corporation shall publish reports of condition at least annually annually, pursuant to Applicable Law law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section 10.01Section, the combined capital and surplus of such Person 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 10.01Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.0210.2.
Appears in 2 contracts
Samples: Trust Agreement (Greenpoint Home Equity Loan Trust 1999 2), Trust Agreement (Headlands Mortgage Securities Inc)
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a Person (a) corporation or national banking association satisfying the provisions of Section 3807(a) of the Statutory Trust StatuteAct; (b) authorized to exercise corporate trust powers; (c) having a combined capital and surplus of (or having a parent with a combined capital and surplus of) at least $100,000,000 50,000,000 and subject to supervision or examination by federal Federal or state banking authorities; and (d) having (or having a parent that which has) an investment grade a long-term rating with respect to S&P of at least “Baa3” (or its equivalent) by Moody’s and Xxxxx’x“A” (or its equivalent) by Standard & Poor’s. If such Person corporation shall publish reports of condition at least annually annually, pursuant to Applicable Law law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section 10.01Section, the combined capital and surplus of such Person 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 10.0110.1, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.0210.2.
Appears in 1 contract
Samples: Trust Agreement (Household Mortgage Loan Trust 2003-Hc1)
Eligibility Requirements for Owner Trustee. The Owner ------------------------------------------ Trustee shall at all times be a Person times: (a) satisfying the provisions of Section 3807(a) of the Statutory Trust Statutebe a corporation, a national banking association or a bank; (b) be authorized to exercise corporate trust powers; (c) having have a combined capital and surplus of (or having a parent with a combined capital and surplus of) at least $100,000,000 50,000,000 and be subject to supervision or examination by federal or state banking authorities; and (d) having (have a long- term unsecured debt rating of at least Baa3 by Xxxxx'x Investors Service, Inc. or having a parent that has) an investment grade rating with respect be otherwise satisfactory to S&P and Xxxxx’x. Xxxxx'x Investors Service, Inc. If such Person or bank shall publish reports of condition at least annually annually, pursuant to Applicable Law law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section 10.016.13, the combined capital and surplus of such Person or bank 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 10.016.13, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.026.10.
Appears in 1 contract
Samples: Trust Agreement (Navistar Financial Retail Receivables Corporation)
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a Person (a) corporation satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; (b) authorized to exercise corporate trust powers; (c) powers having a combined capital and surplus of (or having a parent with a combined capital and surplus of) at least $100,000,000 50,000,000 and subject to supervision or examination by federal Federal or state banking authorities; and (d) having (or having a parent that which has) an investment grade a long-term rating with respect to S&P of at least “A” by Standard & Poor’s, a division of The MxXxxx-Xxxx Companies, Inc. and Xxxxx’x. Mxxxx’x Investors Service, Inc. If such Person corporation shall publish reports of condition at least annually annually, pursuant to Applicable Law law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section 10.01Section, the combined capital and surplus of such Person 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 10.01Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.0210.2.
Appears in 1 contract
Samples: Trust Agreement (Capitalsource Inc)
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a Person (a) corporation satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; (b) authorized to exercise corporate trust powers; and (ca) having a combined capital and surplus of (or having a parent with a combined capital and surplus of) at least $100,000,000 50,000,000 and subject to supervision or examination by federal or state banking authorities; and (d) having (or having a parent that has) a rating of at least Baa3 by Mxxxx’x; or (b) which the Rating Agencies have otherwise indicated in writing is an investment grade rating with respect entity acceptable to S&P and Xxxxx’xact as Owner Trustee hereunder. If such Person corporation shall publish reports of condition at least annually pursuant to Applicable Law law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section 10.01Section, the combined capital and surplus of such Person 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 10.01Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.02.
Appears in 1 contract
Samples: Trust Agreement (Harley-Davidson Motorcycle Trust 2008-1)
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times (i) be a Person (a) corporation satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; , (bii) be authorized to exercise corporate trust powers; , (ciii) having have a combined capital and surplus of (or having a parent with a combined capital and surplus of) at least $100,000,000 and 50,000,000, (iv) be subject to supervision or examination by federal or state banking authorities; authorities and (dv) having have (or having have a parent that has) an investment grade rating with respect to S&P and Xxxxx’xlong-term debt obligations rated at least “A” by Moody’s, Standard & Poor’s or Fitch, if rated by Fitch. If such Person corporation shall publish reports of condition at least annually pursuant to Applicable Law law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section 10.01Section, the combined capital and surplus of such Person 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 10.01Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.029.02.
Appears in 1 contract
Samples: Trust Agreement (Bear Stearns Asset Backed Securities Inc)
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a Person (a) corporation or banking association satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; (b) authorized to exercise corporate trust powers; (c) having a combined capital and surplus of (or having a parent with a combined capital and surplus of) at least $100,000,000 50,000,000 and subject to supervision or examination by federal Federal or state banking authorities; and (d) having (or having a parent that has) an investment grade a rating with respect of at least "Baa3" by Moody's and "A-1" by S&P (or otherwise acceptable to S&P the Rating Agexxxxx) and Xxxxx’xbeing acceptable to the Note Insurer. If such Person entity shall publish reports of condition at least annually annually, pursuant to Applicable Law law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section 10.0111.01, the combined capital and surplus of such Person 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 10.0111.01, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.0211.02.
Appears in 1 contract
Samples: Trust Agreement (Accred Home LNDRS Inc Ac Mor Ln Tr 2002-1 as Bk Nt Se 2002-1)
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a Person (a) corporation satisfying the provisions of Section 3807(a) of the Statutory Trust StatuteAct; (b) authorized to exercise corporate trust powers; (c) having a combined capital and surplus of (or having a parent with a combined capital and surplus of) at least $100,000,000 [__________]and subject to supervision or examination by federal Federal or state banking authorities; and (d) having (or having a parent that which has) an investment grade a long-term rating with respect of at least “[__]” (or its equivalent) by each of Standard & Poor’s, and Fitch (or as is otherwise acceptable to S&P the Rating Agencies); and Xxxxx’xbeing acceptable to the Insurer. If such Person corporation shall publish reports of condition at least annually annually, pursuant to Applicable Law law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section 10.01Section, the combined capital and surplus of such Person 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 10.0110.1, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.0210.2.
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 Person corporation (ai) satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; (bii) authorized to exercise corporate trust powers; (ciii) having a combined capital and surplus of (or having a parent with a combined capital and surplus of) at least $100,000,000 50,000,000 and subject to supervision or examination by federal Federal or state banking State authorities; and (div) having (or having a parent that which has) an investment grade a rating with respect of at least Baa3 by Moodys or A-1 by Standard & Poors; and (v) acceptable to S&P and Xxxxx’xthe Certificateholders. If such Person corporation shall publish reports of condition at least annually annually, pursuant to Applicable Law law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section 10.01Section, the combined capital and surplus of such Person 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 10.01Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.0210.2.
Appears in 1 contract
Samples: Trust Agreement (Household Automotive Trust 2001-1)
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times (i) be a Person (a) corporation satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; (bii) at all times be able and authorized to exercise corporate trust powers; (ciii) having have a long-term debt rating of “A” or higher by Moody’s and Standard & Poor’s, or be otherwise acceptable to each Rating Agency; (iv) have combined capital and surplus of (or having a parent with a combined capital and surplus of) at least $100,000,000 50,000,000; and (v) be subject to supervision or examination by federal or state banking authorities; and (d) having (or having a parent that has) an investment grade rating with respect to S&P and Xxxxx’x. If such Person the Owner Trustee shall publish reports of condition at least annually annually, pursuant to Applicable Law law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section 10.01Section, the combined capital and surplus of such Person the Owner Trustee 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 10.01Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.02.
Appears in 1 contract
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a Person (a) corporation reasonably acceptable to the Bond Insurer and satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; (b) authorized to exercise corporate trust powers; (c) having a combined capital and surplus of (or having a parent with a combined capital and surplus of) at least $100,000,000 50,000,000 and subject to supervision or examination by federal or state banking authorities; and (d) having (or having a parent that has) an investment grade a rating with respect of at least Baa3 or is otherwise acceptable to S&P the Bond Insurer, [Xxxxx'x] and Xxxxx’x[Standard & Poor's]. If such Person corporation shall publish reports of condition at least annually pursuant to Applicable Law law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section 10.01Section, the combined capital and surplus of such Person 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 10.019.01, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.029.02.
Appears in 1 contract
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a Person corporation (ai) satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; (bii) authorized to exercise corporate trust powers; (ciii) having a combined capital and surplus of (or having a parent with a combined capital and surplus of) at least $100,000,000 50,000,000 and subject to supervision or examination by federal Federal or state banking State authorities; and (div) having (or having a parent that which has) an investment grade a rating with respect of at least Baa3 by Moody's or A- 1 by Standard & Poors; and (v) accexxxxle to S&P and Xxxxx’xthe Certificateholders. If such Person corporation shall publish reports of condition at least annually annually, pursuant to Applicable Law law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section 10.01Section, the combined capital and surplus of such Person 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 10.01Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.0210.2.
Appears in 1 contract
Samples: Trust Agreement (Household Automobile Revolving Trust I)
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a Person times: (a) satisfying the provisions of Section 3807(a) of the Statutory Trust Statutebe a corporation, a national banking association or a bank; (b) be authorized to exercise corporate trust powers; (c) having have a combined capital and surplus of (or having a parent with a combined capital and surplus of) at least $100,000,000 50,000,000 and be subject to supervision or examination by federal or state banking authorities; and (d) having (have a long-term unsecured debt rating of at least Baa3 by Moody's Investors Service, Inc. xx xx otherwise satisfactory to Moody's Investors Service, Inc. Xx xxch Person or having a parent that has) an investment grade rating with respect to S&P and Xxxxx’x. If such Person bank shall publish reports of condition at least annually annually, pursuant to Applicable Law law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section 10.016.13, the combined capital and surplus of such Person or bank 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 10.016.13, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.026.10.
Appears in 1 contract
Samples: Trust Agreement (Navistar Financial Retail Receivables Corporation)
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times (i) be a Person (a) corporation satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; , (bii) be authorized to exercise corporate trust powers; , (ciii) having have a combined capital and surplus of (or having a parent with a combined capital and surplus of) at least $100,000,000 and 50,000,000, (iv) be subject to supervision or examination by federal or state banking authorities; authorities and (dv) having have (or having have a parent that has) an investment grade rating with respect to S&P and Xxxxx’xlong-term debt obligations rated at least "A" by Moody's or Standard & Poor's. If such Person corporation shall publish reports of condition at least annually pursuant to Applicable Law law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section 10.01Section, the combined capital and surplus of such Person 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 10.01Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.029.02.
Appears in 1 contract
Samples: Trust Agreement (Bear Stearns Asset Backed Sec Inc Irwin Home Eq Lo Tr 2001-2)
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times (i) be a Person (a) corporation satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; , (bii) be authorized to exercise corporate trust powers; , (ciii) having have a combined capital and surplus of (or having a parent with a combined capital and surplus of) at least $100,000,000 and 50,000,000, (iv) be subject to supervision or examination by federal or state banking authorities; authorities and (dv) having have (or having have a parent that has) an investment grade rating with respect to S&P and Xxxxx’xlong-term debt obligations rated at least “A” by Moody’s, Standard & Poor’s or Fitch, if rated by Fitch. If such Person corporation shall publish reports of condition at least annually pursuant to Applicable Law law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section 10.01Section, the combined capital and surplus of such Person 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 10.01Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.029.02.
Appears in 1 contract
Samples: Trust Agreement (Irwin Whole Loan Home Equity Trust 2004 A)
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times (i) be a Person (a) corporation satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; , (bii) be authorized to exercise corporate trust powers; , (ciii) having have a combined capital and surplus of (or having a parent with a combined capital and surplus of) at least $100,000,000 and 50,000,000, (iv) be subject to supervision or examination by federal or state banking authorities; authorities and (dv) having have (or having have a parent that has) an investment grade rating with respect to S&P and Xxxxx’xlong-term debt obligations rated at least "A" by Xxxxx'x, Standard & Poor's or Fitch, if rated by Fitch. If such Person corporation shall publish reports of condition at least annually pursuant to Applicable Law law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section 10.01Section, the combined capital and surplus of such Person 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 10.01Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.029.02.
Appears in 1 contract
Samples: Trust Agreement (Bear Stearns Asset Backed Securities Inc)
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a Person (a) corporation or banking association satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; (b) authorized to exercise corporate trust powers; (c) having a combined capital and surplus of (or having a parent with a combined capital and surplus of) at least $100,000,000 50,000,000 and subject to supervision or examination by federal Federal or state banking authorities; and (d) having (or having a parent that has) an investment grade a rating with respect of at least "Baa3" by Moody's and "A-1" by S&P (or otherwise acceptable to S&P the Rating Agencies) and Xxxxx’xbeing acceptable to the Note Insurer. If such Person entity shall publish reports of condition at least annually annually, pursuant to Applicable Law law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section 10.01, the combined capital and surplus of such Person 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 10.01, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.02.
Appears in 1 contract
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a Person (a) corporation or banking association satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; (b) authorized to exercise corporate trust powers; (c) having a combined capital and surplus of (or having a parent with a combined capital and surplus of) at least $100,000,000 50,000,000 and subject to supervision or examination by federal Federal or state banking authorities; and (d) having (or having a parent that has) an investment grade a rating with respect to of at least “Baa3” by Xxxxx’x, “A-1” by S&P and Xxxxx’x“BBB” by Fitch (or otherwise acceptable to the Rating Agencies). If such Person entity shall publish reports of condition at least annually annually, pursuant to Applicable Law law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section 10.0111.01, the combined capital and surplus of such Person 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 10.0111.01, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.0211.02.
Appears in 1 contract
Samples: Trust Agreement (Accredited Mortgage Loan Trust 2004-3)
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a Person (a) corporation or national banking association satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; (b) authorized to exercise corporate trust powers; (c) having a combined capital and surplus of (or having a parent with a combined capital and surplus of) at least $100,000,000 50,000,000 and subject to supervision or examination by federal Federal or state banking authorities; and (d) having (or having a parent that which has) an investment grade a long-term rating with respect to S&P of at least "Baa3" (or its equivalent) by Xxxxx'x and Xxxxx’x"A" (or its equivalent) by Standard & Poor's. If such Person corporation shall publish reports of condition at least annually annually, pursuant to Applicable Law law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section 10.01Section, the combined capital and surplus of such Person 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 10.0110.1, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.0210.2.
Appears in 1 contract
Samples: Trust Agreement (Household Mortgage Loan Trust 2002 Hc1)
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times (i) be a Person (a) corporation satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; (bii) be authorized to exercise corporate trust powers; (ciii) having have a combined capital and surplus of (or having a parent with a combined capital and surplus of) at least $100,000,000 50,000,000 and shall be subject to supervision or examination by federal or state banking authorities; and (div) having shall have (or having shall have a parent that has) an a long-term debt rating of investment grade rating with respect by each of the Rating Agencies or be otherwise acceptable to S&P and Xxxxx’xthe Rating Agencies. If such Person corporation shall publish reports of condition at least annually annually, pursuant to Applicable Law law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section 10.0110.1, the combined capital and surplus of such Person corporation shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition condi tion so published. In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 10.0110.1, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.0210.2.
Appears in 1 contract
Samples: Trust Agreement (Ford Credit Auto Receivables Two L P)
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a Person (a) corporation satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; (b) authorized to exercise corporate trust powers; (c) having a combined capital and surplus of (or having a parent with a combined capital and surplus of) at least $100,000,000 50,000,000 and subject to supervision or examination by federal Federal or state banking authorities; and (d) having (or having a parent that has) an investment grade a rating with respect of at least "Baa3" by Xxxxx'x and "A-1" by S&P (or otherwise acceptable to S&P the Rating Agencies) and Xxxxx’xbeing acceptable to the Note Insurer. If such Person corporation shall publish reports of condition at least annually annually, pursuant to Applicable Law law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section 10.01, the combined capital and surplus of such Person 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 10.01, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.02.
Appears in 1 contract
Samples: Trust Agreement (Prudential Securities Secured Financing Corp)
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a Person (a) corporation satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; (b) authorized to exercise corporate trust powers; (c) having a combined capital and surplus of (or having a parent with a combined capital and surplus of) at least $100,000,000 50,000,000 and subject to supervision or examination by federal Federal or state banking authorities; and (d) having (or having a parent that has) an investment grade a rating with respect of at least "Baa3" by Moody's and "A-1" by Standard & Poor's (or otherwise acceptable to S&P the Rating Agencies) and Xxxxx’xbeing acceptable to the Note Insurer. If such Person corporation shall publish reports of condition at least annually annually, pursuant to Applicable Law law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section 10.01Section, the combined capital and surplus of such Person 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 10.01Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.0210.2.
Appears in 1 contract
Samples: Deposit Trust Agreement (Prudential Securities Secured Financing Corp)
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times (i) be a Person (a) corporation satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; (bii) be authorized to exercise corporate trust powers; (ciii) having have a combined capital and surplus of (or having a parent with a combined capital and surplus of) at least $100,000,000 50,000,000 and shall be subject to supervision or examination by federal or state banking authorities; and (div) having shall have (or having shall have a parent that has) an a long-term debt rating of investment grade rating with respect by each of the Rating Agencies or be otherwise acceptable to S&P and Xxxxx’xthe Rating Agencies. If such Person corporation shall publish reports of condition at least annually annually, pursuant to Applicable Law law or to the requirements require- ments of the aforesaid supervising or examining authority, then for the purpose of this Section 10.0110.1, the combined capital and surplus of such Person 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 10.0110.1, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.0210.2.
Appears in 1 contract
Samples: Trust Agreement (Ford Credit Auto Receivables Two L P)
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a Person corporation (ai) satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; (bii) authorized to exercise corporate trust powers; (ciii) having a combined capital and surplus of (or having a parent with a combined capital and surplus of) at least $100,000,000 50,000,000 and subject to supervision or examination by federal Federal or state banking State authorities; and (div) having (or having a parent that which has) an investment grade a rating with respect of at least Baa3 by Xxxxx'x or A-1 by Standard & Poor's; and (v) acceptable to S&P the Insurer and Xxxxx’xXxxxxxx Mac. If such Person corporation shall publish reports of condition at least annually annually, pursuant to Applicable Law law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section 10.01Section, the combined capital and surplus of such Person 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 10.01Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.0211.2.
Appears in 1 contract
Samples: Trust Agreement (Greenpoint Mortgage Securities Inc/)
Eligibility Requirements for Owner Trustee. The Owner ---------------------------------------------- Trustee shall at all times be a Person (a) corporation satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; (b) authorized to exercise corporate trust powers; (c) having a combined capital and surplus of (or having a parent with a combined capital and surplus of) at least $100,000,000 50,000,000 and subject to supervision or examination by federal or state banking authorities; and (d) having (or having a parent that has) an investment grade a rating with respect to of at least BBB from S&P and Xxxxx’xBaa2 from Moody's (or such lower rating as may be acceptable to S&P, Moody's anx xxx Xote Insurer). If such Person corporation shall publish reports of rexxxxx xf condition at least annually pursuant to Applicable Law law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section 10.01Section, the combined capital and surplus of such Person 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 10.01Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.02.
Appears in 1 contract
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times (i) be a Person (a) corporation satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; Act, (bii) be authorized to exercise corporate trust powers; , (ciii) having have a combined capital and surplus of (or having a parent with a combined capital and surplus of) at least $100,000,000 and 50,000,000, (iv) be subject to supervision or examination by federal or state banking authorities; authorities and (dv) having have (or having have a parent that has) an investment grade rating with respect to S&P and Xxxxx’xlong-term debt obligations rated at least “A” by Moody’s, or Standard & Poor’s or Fitch, if rated by Fitch. If such Person corporation shall publish reports of condition at least annually pursuant to Applicable Law law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section 10.01Section, the combined capital and surplus of such Person 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 10.01Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.029.02.
Appears in 1 contract
Samples: Trust Agreement (Irwin Home Equity Loan Trust 2004-1)
Eligibility Requirements for Owner Trustee. The ------------------------------------------ Owner Trustee shall at all times be a Person (a) corporation satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; (b) authorized to exercise corporate trust powers; (c) having a combined capital and surplus of (or having a parent with a combined capital and surplus of) at least $100,000,000 50,000,000 and subject to supervision or examination by federal or state banking authorities; and (d) having (or having a parent that has) an investment grade rating with respect time deposits that are rated at least A-1 by Standard & Poor's and P-1 by Moody's and being acceptable by the Note Insurer, or who is otherwise acceptable to S&P and Xxxxx’xeach Rating Agency. If such Person corporation shall publish reports of condition at least annually pursuant to Applicable Law law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section 10.01Section, the combined capital and surplus of such Person 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 10.01Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.02.
Appears in 1 contract
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a Person corporation (a) satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; (bi) authorized to exercise corporate trust powers; (cii) having a combined capital and surplus of (or having a parent with a combined capital and surplus of) at least $100,000,000 50,000,000 and subject to supervision or examination by federal Federal or state banking State authorities; and (diii) having (or having a parent that which has) an a long-term debt rating of at least investment grade rating with respect to S&P by Moody's, S&P, Fitch (if rated by Fitch) and Xxxxx’xDuff & Xxxxxx (if rated by Duff & Xxxxxx). If such Person corporation shall publish reports of condition at least annually annually, pursuant to Applicable Law law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section 10.01Section, the combined capital and surplus of such Person 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 10.01Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.0210.2.
Appears in 1 contract
Samples: Trust Agreement (Capita Equipment Receivables Trust 1996-1)
Eligibility Requirements for Owner Trustee. The Owner ------------------------------------------ Trustee shall at all times be a Person (a) satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; (b) corporation authorized to exercise corporate trust powers; (c) having a combined capital and surplus of (or having a parent with a combined capital and surplus of) at least $100,000,000 50,000,000 and subject to supervision or examination by federal or state banking authorities; and (d) having (or having a parent that which has) an investment grade a long-term unsecured rating with respect of at least Baa3 by Moody's, at least BBB- by Standard & Poor's and, if rated by Fitch, at least BBB- by Fitch, or otherwise satisfactory to S&P and Xxxxx’xeach Rating Agency. If such Person corporation shall publish reports of condition at least annually annually, pursuant to Applicable Law law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section 10.01Section, the combined capital and surplus of such Person 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 10.01Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.029.02.
Appears in 1 contract
Samples: Trust Agreement (Household Credit Card Master Note Trust I)
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a Person (a) national banking association or corporation satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; (b) authorized to exercise corporate trust powers; (c) having a combined capital and surplus of (or having a parent with a combined capital and surplus of) at least $100,000,000 50,000,000 and subject to supervision or examination by federal or state banking authorities; and (d) having (or having a parent that has) an investment grade rating with respect time deposits that are rated at least “F1” by Fitch and “A-1” by Standard & Poor’s or otherwise be acceptable to S&P and Xxxxx’xthe Rating Agencies. If such Person corporation shall publish reports of condition at least annually pursuant to Applicable Law law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section 10.01Section, the combined capital and surplus of such Person national banking association or 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 10.01Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.02.
Appears in 1 contract
Samples: Trust Agreement (Chrysler Financial Auto Securitization Trust 2010-A)
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a Person (a) corporation or banking association satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; (b) authorized to exercise corporate trust powers; (c) having a combined capital and surplus of (or having a parent with a combined capital and surplus of) at least $100,000,000 50,000,000 and subject to supervision or examination by federal Federal or state banking authorities; and (d) having (or having a parent that has) an investment grade a rating with respect of at least "Baa3" by Moody's and "A-1" by S&P (or otherwise acceptable to S&P the Rating Agencies) and Xxxxx’xbeing acceptable to the Note Insurer. If such Person entity shall publish reports of condition at least annually annually, pursuant to Applicable Law law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section 10.0111.01, the combined capital and surplus of such Person 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 10.0111.01, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.0211.02.
Appears in 1 contract
Samples: Trust Agreement (Accredited Home Lenders Accredited Mort Loan Trust 2002-2)
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a Person corporation or association (ai) satisfying the provisions of Section 3807(a) of the Delaware Statutory Trust StatuteAct; (bii) being authorized to exercise corporate trust powers; (ciii) having a combined capital and surplus of (or having a parent with a combined capital and surplus of) at least $100,000,000 50,000,000 and being subject to supervision or examination by federal Federal or state banking authorities; and (div) having (or having a parent that which has) an investment grade a rating with respect to S&P of at least “Baa3” by Xxxxx’x and Xxxxx’x. at least “BBB” by S&P. If such Person the Owner Trustee shall publish reports of condition at least annually annually, pursuant to Applicable Law law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section 10.01Section, the combined capital and surplus of such Person the Owner Trustee 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 10.01or Section 3807(a) of the Delaware Statutory Trust Act, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.02.
Appears in 1 contract
Samples: Trust Agreement (KeyCorp Student Loan Trust 2006-A)
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a Person corporation (ai) satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute; (bii) authorized to exercise corporate trust powers; (ciii) having a combined capital and surplus of (or having a parent with a combined capital and surplus of) at least $100,000,000 50,000,000 and subject to supervision or examination by federal Federal or state banking State authorities; and (div) having (or having a parent that which has) an investment grade a rating with respect of at least A3 by Xxxxx'x or A-1 by Standard & Poor's; and (v) acceptable to S&P the Insurer and Xxxxx’xXxxxxxx Mac. If such Person corporation shall publish reports of condition at least annually annually, pursuant to Applicable Law law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section 10.01Section, the combined capital and surplus of such Person 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 10.01Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.0211.2.
Appears in 1 contract
Samples: Trust Agreement (Greenpoint Mortgage Securities Inc/)
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a Person times: (a) satisfying the provisions of Section 3807(a) of the Statutory Trust Statutebe a corporation, a national banking association or a bank; (b) be authorized to exercise corporate trust powers; (c) having have a combined capital and surplus of (or having a parent with a combined capital and surplus of) at least $100,000,000 50,000,000 and be subject to supervision or examination by federal or state banking authorities; and (d) having (have a long-term unsecured debt rating of at least Baa3 by Xxxxx'x Investors Service, Inc. or having a parent that has) an investment grade rating with respect be otherwise satisfactory to S&P and Xxxxx’x. Xxxxx'x Investors Service, Inc. If such Person or bank shall publish reports of condition at least annually annually, pursuant to Applicable Law law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section 10.016.13, the combined capital and surplus of such Person or bank 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 10.016.13, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.026.10.
Appears in 1 contract
Samples: Trust Agreement (Navistar Financial Retail Receivables Corporation)
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a Person corporation (ai) satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; , (bii) authorized to exercise corporate trust powers; , (ciii) having a combined capital and surplus of (or having a parent with a combined capital and surplus of) at least $100,000,000 50,000,000 and subject to supervision or examination by federal or state banking authorities; , and (div) having (or having a parent that has) an investment grade a rating with respect to S&P of at least Baa3 by Mxxxx’x and Xxxxx’xBBB- by Fitch (if rated by Fitch). If such Person corporation shall publish reports of condition at least annually pursuant to Applicable Law law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section 10.01, the combined capital and surplus of such Person 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 10.01, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.02.
Appears in 1 contract
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times (i) be a Person (a) corporation satisfying the provisions of Section 3807(a) of the Statutory Trust Statute; Act, (bii) be authorized to exercise corporate trust powers; , (ciii) having have a combined capital and surplus of (or having a parent with a combined capital and surplus of) at least $100,000,000 and 50,000,000, (iv) be subject to supervision or examination by federal or state banking authorities; authorities and (dv) having have (or having have a parent that has) an investment grade rating with respect to S&P and long-term debt obligations rated at least “A” by Xxxxx’x, Standard & Poor’s or Fitch, if rated by Fitch. If such Person corporation shall publish reports of condition at least annually pursuant to Applicable Law law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section 10.01Section, the combined capital and surplus of such Person 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 10.01Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.029.02.
Appears in 1 contract
Samples: Trust Agreement (Irwin Home Equity Loan Trust 2005-1)