Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times (i) be a corporation or banking association satisfying the provisions of Section 3807(a) of the Statutory Trust Statute, (ii) be authorized to exercise corporate trust powers, (iii) have a combined capital and surplus of at least $50,000,000 and be subject to supervision or examination by federal or State authorities and (iv) have (or have a parent that has) a long-term debt rating of investment grade by each of the Rating Agencies or otherwise be acceptable to each of the Rating Agencies. If such corporation or banking association 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 10.1 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. If at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 10.1, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.2.
Appears in 92 contracts
Samples: Trust Agreement (Carmax Auto Funding LLC), Trust Agreement (CarMax Auto Owner Trust 2024-4), Trust Agreement (Carmax Auto Funding LLC)
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times times: (ia) be a corporation or banking association other entity satisfying the provisions of Section 3807(a) of the Statutory Trust Statute, Act; (iib) be authorized to exercise corporate trust powers, ; (iiic) have (or have a parent which has) a combined capital and surplus of at least $50,000,000 and be subject to supervision or examination by federal or State authorities authorities; and (ivd) have (or have a parent that which has) a long-term unsecured debt rating of in any generic rating category which signifies investment grade by each of the Rating Agencies Agency or a rating otherwise be acceptable to each of the Rating AgenciesAgency. If such corporation or banking association 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 10.1 6.13, 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. If at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 10.16.13, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.26.10.
Appears in 25 contracts
Samples: Trust Agreement (Carvana Auto Receivables Trust 2024-P2), Trust Agreement (Carvana Auto Receivables Trust 2024-P2), Trust Agreement (Carvana Auto Receivables Trust 2024-P4)
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times (i) be a corporation or banking association satisfying the provisions of Section 3807(a) of the Statutory Trust Statute, (ii) be ; authorized to exercise corporate trust powers, ; and (iiia) have having 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 (iv) have having (or have having a parent that has) a long-term debt rating of investment grade at least Baa3 by each of Xxxxx’x; or (b) which the Rating Agencies or have otherwise be indicated in writing is an entity acceptable to each of the Rating Agenciesact as Owner Trustee hereunder. If such corporation or banking association 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 10.1 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. If In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 10.1Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.210.02.
Appears in 15 contracts
Samples: Trust Agreement (Harley Davidson Customer Funding Corp), Trust Agreement (Harley-Davidson Motorcycle Trust 2009-4), Trust Agreement (Harley Davidson Customer Funding Corp)
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be (i) be a corporation or banking association organized under the laws of the United States or any State and satisfying the provisions of Section 3807(a) of the Delaware Statutory Trust StatuteAct, (ii) be authorized to exercise corporate trust powers, ; having (iiior having a parent that has) have a combined capital and surplus of at least $50,000,000 and be subject to supervision or examination by federal or State authorities and (iviii) have having (or have having a parent that has) a long-term debt rating of time deposits that are rated investment grade by each of the Rating Agencies or Standard & Poor’s and Fitch or, are otherwise be acceptable to each of the Rating Agencies. If such corporation or banking association 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 10.1 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. If at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 10.1, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.210.02.
Appears in 14 contracts
Samples: Trust Agreement (Mercedes-Benz Auto Lease Trust 2019-B), Trust Agreement (Mercedes-Benz Auto Lease Trust 2019-B), Trust Agreement (Mercedes-Benz Auto Lease Trust 2018-B)
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times (i) be a corporation or banking association satisfying the provisions of Section 3807(a) of the Statutory Trust Statute, ; (ii) at all times be able and authorized to exercise corporate trust powers, ; (iii) have (or have a parent which has) a long‑term debt rating of at least investment grade by each Rating Agency or be otherwise acceptable to each Rating Agency; (iv) have (or have a parent which has) combined capital and surplus of at least $50,000,000 50,000,000; and (v) be subject to supervision or examination by federal or State authorities and (iv) have (or have a parent that has) a long-term debt rating of investment grade by each of the Rating Agencies or otherwise be acceptable to each of the Rating Agenciesstate authorities. If such corporation or banking association the Owner Trustee 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 10.1 Section, the combined capital and surplus of such corporation or banking association 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. If In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 10.1Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.210.02.
Appears in 13 contracts
Samples: Trust Agreement (BMW Vehicle Lease Trust 2018-1), Trust Agreement (BMW Vehicle Lease Trust 2018-1), Trust Agreement (Financial Services Vehicle Trust)
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times (i) be a corporation or banking association satisfying the provisions of Section 3807(a) of the Statutory Trust Statute, ; (ii) at all times be able and authorized to exercise corporate trust powers, ; (iii) have (or have a parent which has) a long-term debt rating of at least investment grade by each Rating Agency or be otherwise acceptable to each Rating Agency; (iv) have (or have a parent which has) combined capital and surplus of at least $50,000,000 50,000,000; and (v) be subject to supervision or examination by federal or State authorities and (iv) have (or have a parent that has) a long-term debt rating of investment grade by each of the Rating Agencies or otherwise be acceptable to each of the Rating Agenciesstate authorities. If such corporation or banking association the Owner Trustee 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 10.1 Section, the combined capital and surplus of such corporation or banking association 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. If In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 10.1Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.210.02.
Appears in 12 contracts
Samples: Trust Agreement (Financial Services Vehicle Trust), Trust Agreement (BMW Auto Leasing LLC), Trust Agreement (BMW Auto Leasing LLC)
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times (i) be a corporation or national banking association or corporation organized under the laws of the United States or any State and satisfying the provisions of Section 3807(a) of the Statutory Trust Statute, (ii) be ; authorized to exercise corporate trust powers, (iii) have ; having a combined capital and surplus of at least $50,000,000 and be subject to supervision or examination by federal or State authorities authorities; and (iv) have having (or have having a parent that has) a long-term debt rating of investment grade time deposits that are rated at least “Prime-1” by each of the Rating Agencies or otherwise be acceptable to each of the Rating Agencies. Xxxxx’x and “A-1” by S & P. If such corporation or national banking association or 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 10.1 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. If In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 10.1Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.2.
Appears in 10 contracts
Samples: Trust Agreement (GMF Leasing LLC), Trust Agreement (GMF Leasing LLC), Trust Agreement (ACAR Leasing Ltd.)
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times times: (ia) be a corporation or corporation, a national banking association or a bank satisfying the provisions of Section 3807(a) of the Statutory Trust Statute, ; (iib) be authorized to exercise corporate trust powers, ; (iiic) 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 (ivd) have (or have a parent that has) a long-term unsecured debt rating of investment grade at least Baa3 by each of the Rating Agencies Xxxxx’x or be otherwise be acceptable satisfactory to each of the Rating AgenciesXxxxx’x. If such corporation Person or banking association bank 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 10.1 6.13, the combined capital and surplus of such corporation Person or banking association bank shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 10.16.13, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.26.10.
Appears in 8 contracts
Samples: Trust Agreement (Navistar Financial Corp), Trust Agreement (Navistar Financial Corp), Trust Agreement (Navistar Financial Corp)
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times (i) be a corporation or banking association satisfying the provisions of Section 3807(a) of the Statutory Trust Statute, (ii) be ; a corporation or association organized and doing business under the laws of a state of the United States; authorized to exercise corporate trust powers, (iii) have ; having 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 (iv) have having (or have having a parent that has) a long-term debt rating of investment grade at least Baa3 by each of the Rating Agencies Moody's and/or at least BBB- by Standard and Poor’s or is otherwise be acceptable to each of the Rating Agencies. If such corporation or banking association 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 10.1 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. If In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 10.19.01, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.29.02.
Appears in 7 contracts
Samples: Trust Agreement (American Home Mortgage Investment Trust 2005-4), Trust Agreement (American Home Mortgage Investment Trust 2006-1), Trust Agreement (American Home Mortgage Investment Trust 2007-1)
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times times: (ia) be a corporation or banking association satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute, ; (iib) be authorized to exercise corporate trust powers, ; (iiic) 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 (ivd) have (or have a parent that has) a long-term unsecured debt rating of investment grade at least Baa3 by each of the Rating Agencies Xxxxx'x Investors Service, Inc. or be otherwise be acceptable satisfactory to each of the Rating Agencies. Xxxxx'x Investors Service, Inc. If such corporation or banking association 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 10.1 6.13, 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. If at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 10.16.13, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.26.10.
Appears in 7 contracts
Samples: Trust Agreement (Navistar Financial Retail Receivables Corporation), Trust Agreement (Navistar Financial Retail Receivables Corporation), Trust Agreement (Navistar Financial Retail Receivables Corporation)
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times (i) be a corporation or banking association satisfying the provisions of Section 3807(a) of the Statutory Trust Statute, (ii) be ; authorized to exercise corporate trust powers, ; and (iiia) have having 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 (iv) have having (or have having a parent that has) a long-term debt rating of investment grade at least Baa3 by each of Moody’s; or (b) which the Rating Agencies or have otherwise be indicated in writing is an entity acceptable to each of the Rating Agenciesact as Owner Trustee hereunder. If such corporation or banking association 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 10.1 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. If In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 10.1Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.210.02.
Appears in 6 contracts
Samples: Trust Agreement (Harley-Davidson Motorcycle Trust 2007-2), Trust Agreement (Harley Davidson Customer Funding Corp), Trust Agreement (Harley Davidson Customer Funding Corp)
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times (i) be a corporation or banking association satisfying the provisions of Section 3807(a) of the Statutory Trust Statute, (ii) be ; authorized to exercise corporate trust powers, (iii) have ; having a combined capital and surplus of at least $50,000,000 and be subject to supervision or examination by federal Federal or State authorities state authorities; and (iv) have having (or have having a parent that has) a long-term debt rating of investment grade at least “Baa3” by each of the Rating Agencies Xxxxx’x and “A-1” by S&P (or otherwise be acceptable to each of the Rating Agencies) and being acceptable to the Note Insurer. If such corporation or banking association 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 10.1 11.01, the combined capital and surplus of such corporation or banking association entity shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 10.111.01, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.211.02.
Appears in 6 contracts
Samples: Trust Agreement (Accredited Mortgage Loan REIT Trust), Trust Agreement (NovaStar Certificates Financing CORP), Trust Agreement (Accredited Mortgage Loan Trust 2003-2)
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times (i) be a corporation or banking association satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute, (ii) be ; authorized to exercise corporate trust powers, ; and (iiia) have having 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 (iv) have having (or have having a parent that has) a long-term debt rating of investment grade at least Baa3 by each of Moody's; or (b) which the Rating Agencies or have otherwise be indicated in writing is an entity acceptable to each of the Rating Agenciesact as Owner Trustee hereunder. If such corporation or banking association 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 10.1 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. If In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 10.1Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.210.02.
Appears in 5 contracts
Samples: Trust Agreement (Newcourt Receivables Corp Ii), Trust Agreement (Heller Funding Corp Ii), Trust Agreement (Harley Davidson Customer Funding Corp)
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times (i) be a corporation or banking association satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute, (ii) be ; authorized to exercise corporate trust powers, ; and (iiia) have having 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 (iv) have having (or have having a parent that has) a long-term debt rating of investment grade at least Baa3 by each of Xxxxx'x; or (b) which the Rating Agencies or have otherwise be indicated in writing is an entity acceptable to each of the Rating Agenciesact as Owner Trustee hereunder. If such corporation or banking association 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 10.1 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. If In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 10.1Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.210.02.
Appears in 4 contracts
Samples: Trust Agreement (Heller Funding Corp), Trust Agreement (Harley Davidson Customer Funding Corp), Trust Agreement (Newcourt Receivables Corp Ii)
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times (i) be a corporation or banking association satisfying the provisions of Section 3807(a) of the Statutory Delaware Trust Statute, (ii) be ; authorized to exercise corporate trust powers, (iii) have ; having a combined capital and surplus of at least $50,000,000 [ ] and be subject to supervision or examination by federal or State authorities and (iv) have state authorities; having (or have having a parent that has) a long-term debt rating of investment grade time deposits that are rated at least [ ] (or the equivalent) by each of the Rating Agencies Agency or are otherwise be acceptable to each of Rating Agency and, for so long as the Rating AgenciesTrust Estate includes FHA Mortgage Loans, being an FHA Approved Mortgagee. If such corporation or banking association 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 10.1 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. If In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 10.1Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.210.02.
Appears in 4 contracts
Samples: Trust Agreement (HMB Acceptance Corp.), Trust Agreement (Bayview Financial Securities Co LLC), Trust Agreement (BLG Securities Company, LLC)
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times times: (ia) be a corporation or corporation, a national banking association or a bank satisfying the provisions of Section 3807(a) of the Statutory Trust Statute, ; (iib) be authorized to exercise corporate trust powers, ; (iiic) 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 (ivd) have (or have a parent that has) a long-term unsecured debt rating of investment grade at least Baa3 by each of the Rating Agencies Xxxxx'x or be otherwise be acceptable satisfactory to each of the Rating AgenciesXxxxx'x. If such corporation Person or banking association bank 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 10.1 6.13, the combined capital and surplus of such corporation Person or banking association bank shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 10.16.13, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.26.10.
Appears in 3 contracts
Samples: Trust Agreement (Navistar Financial Retail Receivables Corporation), Trust Agreement (Navistar Financial Retail Receivables Corporation), Trust Agreement (Navistar Financial Retail Receivables Corporation)
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times (i) be a corporation or banking association satisfying the provisions of Section 3807(a) of the Statutory Trust Statute, (ii) be ; authorized to exercise corporate trust powers, ; and (iiia) have having 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 (iv) have having (or have having a parent that has) a long-term debt rating of investment grade at least Baa3 by each of Xxxxx'x; or (b) which the Rating Agencies or have otherwise be indicated in writing is an entity acceptable to each of the Rating Agenciesact as Owner Trustee hereunder. If such corporation or banking association 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 10.1 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. If In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 10.1Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.210.02.
Appears in 3 contracts
Samples: Trust Agreement (Harley Davidson Customer Funding Corp), Trust Agreement (Harley Davidson Customer Funding Corp), Trust Agreement (Harley Davidson Customer Funding Corp)
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times (i) be a corporation or banking association satisfying the provisions of Section 3807(a) of the Statutory Trust Statute, ; (ii) at all times be able and authorized to exercise corporate trust powers, ; (iii) have (or have a parent which has) a long-term debt rating of at least investment grade by each Rating Agency or such other ratings for which the Rating Agency Condition is satisfied; (iv) have (or have a parent which has) combined capital and surplus of at least $50,000,000 50,000,000; and (v) be subject to supervision or examination by federal or State authorities and (iv) have (or have a parent that has) a long-term debt rating of investment grade by each of the Rating Agencies or otherwise be acceptable to each of the Rating Agenciesstate authorities. If such corporation or banking association the Owner Trustee 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 10.1 Section, the combined capital and surplus of such corporation or banking association 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. If In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 10.1Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.210.02.
Appears in 3 contracts
Samples: Trust Agreement (BMW Fs Securities LLC), Trust Agreement (BMW Vehicle Owner Trust 2011-A), Trust Agreement (BMW Vehicle Owner Trust 2011-A)
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times (i) be a corporation or national banking association (i) satisfying the provisions of Section 3807(a) of the Statutory Trust Statute, (ii) be authorized to exercise corporate trust powers, ; (iii) have having a combined capital and surplus of at least $50,000,000 and be subject to supervision or examination by federal Federal or State authorities and authorities; (iv) have having (or have having a parent that which has) a long-term debt rating of investment grade at least Baa3 by each of the Rating Agencies Moody’s or otherwise be A-1 by Standard & Poors; and (v) acceptable to each of the Rating AgenciesCertificateholders. If such corporation or banking association 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 10.1 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. If In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 10.1Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.2.
Appears in 3 contracts
Samples: Trust Agreement (Household Automotive Trust 2003-2), Trust Agreement (Household Automotive Trust 2004-1), Trust Agreement (Household Auto Receivables Corp)
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times be a corporation (i) be a corporation or banking association satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute, ; (ii) be authorized to exercise corporate trust powers, ; (iii) have having a combined capital and surplus of at least $50,000,000 and be subject to supervision or examination by federal Federal or State authorities and authorities; (iv) have having (or have having a parent that which has) a long-term debt rating of investment grade at least Baa3 by each of the Rating Agencies Moody's or A-1 by Standard & Poors or being otherwise be acceptable to each of the Rating Agencies; and (v) acceptable to the Insurer in its sole discretion. If such corporation or banking association 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 10.1 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. If In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 10.1Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.2.
Appears in 3 contracts
Samples: Trust Agreement (Advanta Revolving Home Equity Loan Trust 1998-A), Trust Agreement (Advanta Mortgage Conduit Services Inc), Trust Agreement (Advanta Mortgage Conduit Services Inc)
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times (i) be [a corporation or banking association satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute, (ii) be ] [and] [reasonably acceptable to the Note Insurer]; authorized to exercise corporate trust powers, (iii) have ; having 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 (iv) have having (or have having a parent that has) a long-term debt rating of investment grade time deposits that are rated at least "F-1" or "P-1" (or the equivalent) by each of the Rating Agencies Agency or are otherwise be acceptable to each of the Rating AgenciesAgency. If such corporation or banking association 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 10.1 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. If In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 10.1Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.210.02.
Appears in 2 contracts
Samples: Trust Agreement (Finance America Securities LLC), Deposit Trust Agreement (Aegis Asset Backed Securities Corp)
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times (i) be a corporation or national banking association (i) satisfying the provisions of Section 3807(a) of the Statutory Trust Statute, (ii) be authorized to exercise corporate trust powers, ; (iii) have having a combined capital and surplus of at least $50,000,000 and be subject to supervision or examination by federal or State authorities and state authorities; (iv) have having (or have having a parent that which has) a long-term debt rating of investment grade at least Baa3 by each of the Rating Agencies Xxxxx’x or otherwise be A-1 by Standard & Poor’s; and (v) acceptable to each of the Rating AgenciesCertificateholders. If such corporation or banking association 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 10.1 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. If In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 10.1Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.2.
Appears in 2 contracts
Samples: Trust Agreement (HSBC Auto Receivables Corp), Trust Agreement (HSBC Automotive Trust (USA) 2007-1)
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times (i) be a corporation or national banking association (i) satisfying the provisions of Section 3807(a) of the Statutory Trust Statute, (ii) be authorized to exercise corporate trust powers, ; (iii) have having a combined capital and surplus of at least $50,000,000 and be subject to supervision or examination by federal or State authorities and state authorities; (iv) have having (or have having a parent that which has) a long-term debt rating of investment grade at least Baa3 by each of the Rating Agencies Xxxxx’x or otherwise be A-1 by Standard & Poors; and (v) acceptable to each of the Rating AgenciesCertificateholders. If such corporation or banking association 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 10.1 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. If In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 10.1Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.2.
Appears in 2 contracts
Samples: Trust Agreement (HSBC Automotive Trust 2005-1), Trust Agreement (HSBC Automotive Trust 2005-3)
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times (i) be a corporation or national banking association (i) satisfying the provisions of Section 3807(a) of the Statutory Trust Statute, (ii) be authorized to exercise corporate trust powers, ; (iii) have having a combined capital and surplus of at least $50,000,000 and be subject to supervision or examination by federal or State authorities and state authorities; (iv) have having (or have having a parent that which has) a long-term debt rating of investment grade at least Baa3 by each of the Rating Agencies Moody’s or otherwise be A-1 by Standard & Poor’s; and (v) acceptable to each of the Rating AgenciesCertificateholders. If such corporation or banking association 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 10.1 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. If In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 10.1Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.2.
Appears in 2 contracts
Samples: Trust Agreement (HSBC Automotive Trust (USA) 2006-1), Trust Agreement (HSBC Automotive Trust (USA) 2006-3)
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times (i) be a corporation or banking association satisfying the provisions of Section 3807(a) of the Statutory Trust Statute, (ii) be authorized to exercise corporate trust powers, (iiiii) have a combined capital and surplus of at least $50,000,000 and be subject to supervision or examination by federal or State authorities and state authorities, (iviii) have (or have a parent that has) a long-term debt rating of investment grade by each of the Rating Agencies or otherwise be acceptable to each of the Rating AgenciesAgencies and (iv) be a corporation or banking association satisfying the provisions of Section 3807(a) of the Statutory Trust Statute. If such corporation or banking association 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 10.1 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. If at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 10.1, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.2.
Appears in 2 contracts
Samples: Trust Agreement (Carmax Auto Funding LLC), Trust Agreement (Carmax Auto Funding LLC)
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times times: (ia) be a corporation or corporation, a national banking association or a bank satisfying the provisions of Section 3807(a) of the Statutory Trust Statute, ; (iib) be authorized to exercise corporate trust powers, ; (iiic) 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 (ivd) have (or have a parent that has) a long-term unsecured debt rating of investment grade at least BBB- by each of the Rating Agencies Standard & Poor’s or be otherwise be acceptable satisfactory to each of the Rating AgenciesStandard & Poor’s. If such corporation Person or banking association bank 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 10.1 6.13, the combined capital and surplus of such corporation Person or banking association bank shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 10.16.13, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.26.10.
Appears in 1 contract
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times (i) be a corporation or national banking association (i) satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute, ; (ii) be authorized to exercise corporate trust powers, ; (iii) have having a combined capital and surplus of at least $50,000,000 and be subject to supervision or examination by federal Federal or State authorities and authorities; (iv) have having (or have having a parent that which has) a long-term debt rating of investment grade at least Baa3 by each of the Rating Agencies Xxxxx'x or otherwise be A-1 by Standard & Poors; and (v) acceptable to each of the Rating AgenciesCertificateholders. If such corporation or banking association 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 10.1 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. If In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 10.1Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.2.
Appears in 1 contract
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times times: (ia) be a corporation or banking association satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute, ; (iib) be authorized to exercise corporate trust powers, ; (iiic) 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 (ivd) have (or have a parent that which has) a long-term debt rating of investment grade [BBB] by each of the Rating Agencies or otherwise Standard & Poor's and at least [BAA2] by Xxxxx'x Investors Service, Inc. and be acceptable to each of the Rating AgenciesNote Insurer. If such corporation or banking association 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 10.1 6.13, 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. If at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 10.16.13, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.26.10.
Appears in 1 contract
Samples: Trust Agreement (Imc Securities Inc)
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times times: (ia) be a corporation or corporation, a national banking association or a bank satisfying the provisions of Section 3807(a) of the Statutory Trust Statute, ; (iib) be authorized to exercise corporate trust powers, ; (iiic) 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 (ivd) have (or have a parent that has) a long-term unsecured debt rating of investment grade at least “Baa3” by each of the Rating Agencies Xxxxx’x or be otherwise be acceptable satisfactory to each of the Rating AgenciesXxxxx’x. If such corporation Person or banking association bank 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 10.1 6.13, the combined capital and surplus of such corporation Person or banking association bank shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 10.16.13, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.26.10.
Appears in 1 contract
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times (i) be a corporation or banking association satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute, (ii) be authorized to exercise corporate trust powers, (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 and state authorities, (ivv) have (or have a parent that has) a long-term debt rating of investment grade obligations rated at least A by each of the Rating Agencies Moody's or Standard & Poor's, and (vi) be otherwise be acceptable to each of the Rating AgenciesNote Insurer. If such corporation or banking association 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 10.1 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. If In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 10.1Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.29.02.
Appears in 1 contract
Samples: Deposit Trust Agreement (Bear Stearns Asset Backed Securities Inc)
Eligibility Requirements for Owner Trustee. The Owner ------------------------------------------ Trustee shall at all times (i) be a corporation or banking association satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute, (ii) be authorized to exercise corporate trust powers, (iii) have a combined capital and surplus of at least $50,000,000 and be subject to supervision or examination by federal or State state authorities and (iv) have (or have a parent that has) a long-term debt rating of investment grade by each of the Rating Agencies or otherwise be acceptable to each of the Rating Agencies. If such corporation or banking association 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 10.1 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. If at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 10.1, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.2.
Appears in 1 contract
Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times (i) be a corporation or national banking association (i) satisfying the provisions of Section 3807(a) of the Statutory Trust Statute, (ii) be authorized to exercise corporate trust powers, ; (iii) have having a combined capital and surplus of at least $50,000,000 and be subject to supervision or examination by federal or State authorities and state authorities; (iv) have having (or have having a parent that which has) a long-term debt rating of investment grade at least Baa3 by each of the Rating Agencies Moody’s or otherwise be A-1 by Standard & Poors; and (v) acceptable to each of the Rating AgenciesCertificateholders. If such corporation or banking association 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 10.1 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. If In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 10.1Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.2.
Appears in 1 contract
Eligibility Requirements for Owner Trustee. The Owner ------------------------------------------ Trustee shall at all times (i) be a corporation or banking association satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute, (ii) be authorized to exercise corporate trust powers, (iii) have a combined capital and surplus of at least $50,000,000 and be subject to supervision or examination by federal or State state authorities and (iv) have (or have a parent that has) a long-term debt rating of investment grade by each of the Rating Agencies or otherwise be acceptable to each of the Rating Agencies. If such corporation or banking association 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 10.1 the combined capital and surplus of such corporation or banking association shall be deemed to be its combined capital and 38 surplus as set forth in its most recent report of condition so published. If at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 10.1, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.2.
Appears in 1 contract
Eligibility Requirements for Owner Trustee. The Owner ------------------------------------------ Trustee shall at all times times: (ia) be a corporation or banking association satisfying the provisions of Section 3807(a) of the Statutory Business Trust Statute, ; (iib) be authorized to exercise corporate trust powers, ; (iiic) 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 (ivd) have (or have a parent that has) a long-term unsecured debt rating of investment grade at least Baa3 by each of the Rating Agencies Xxxxx'x Investors Service, Inc. or be otherwise be acceptable satisfactory to each of the Rating Agencies. Xxxxx'x Investors Service, Inc. If such corporation or banking association 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 10.1 6.13, 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. If at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 10.16.13, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.26.10.
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 corporation or national banking association satisfying the provisions of Section 3807(a) of the Statutory Delaware Trust Statute, (ii) be ; authorized to exercise corporate trust powers, (iii) have ; having or having a parent corporation that has a combined capital and surplus of at least $50,000,000 and be subject to supervision or examination by federal Federal or State authorities state authorities; and (iv) have having (or have having a parent that which has) a longshort-term debt rating of investment grade by at least “A-1” or the equivalent by, or which is otherwise acceptable to, each of the Rating Agencies or otherwise be acceptable to each of the Rating AgenciesAgency. If such corporation or national banking association 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 10.1 Section, the combined capital and surplus of such corporation or national banking association shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 10.1Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.29.02.
Appears in 1 contract
Samples: Trust Agreement (PHH Mortgage Trust, Series 2008-Cim1)