Common use of Eligibility Requirements for Owner Trustee Clause in Contracts

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times (i) be a bank or trust company satisfying the provisions of Section 3807(a) of the Delaware Trust Statute; (ii) be authorized to exercise corporate trust powers; (iii) have, or have a parent that has, a combined capital and surplus of at least $50,000,000; (iv) not be an Affiliate of the Sponsor; and (v) be subject to supervision or examination by federal or state authorities. If such corporation shall publish reports of condition at least annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section 10.01, the combined capital and surplus of such corporation shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 10.01, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.02.

Appears in 67 contracts

Samples: Trust Agreement, Trust Agreement, Trust Agreement

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Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times (i) be a bank or trust company corporation satisfying the provisions of Section 3807(a) of the Delaware Trust Statute; (ii) be authorized to exercise corporate trust powers; (iii) have, or have a parent that has, having a combined capital and surplus of at least $50,000,000; (iv) not be an Affiliate of the Sponsor; 50,000,000 and (v) be subject to supervision or examination by federal Federal or state authorities; and having (or having a parent which has) a short-term debt rating of at least “A-1” or the equivalent by, or which is otherwise acceptable to, the Rating Agencies. If such corporation shall publish reports of condition at least annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section 10.01Section, the combined capital and surplus of such corporation shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 10.01Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.029.02.

Appears in 42 contracts

Samples: Trust Agreement (SASCO Mortgage Loan Trust 2004-Gel3), Trust Agreement (Homebanc Corp), Trust Agreement (Sasco Mortgage Loan Trust Series 2004-Gel2)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times (i) be a bank or trust company corporation satisfying the provisions of Section 3807(a) of the Delaware Statutory Trust Statute; (ii) be authorized to exercise corporate trust powers; (iii) have, or have a parent that has, having a combined capital and surplus of at least $50,000,000; (iv) not be an Affiliate of the Sponsor; 50,000,000 and (v) be subject to supervision or examination by federal or state authorities; and having (or having a parent that has) time deposits that are rated at least "A-1" by Standard & Poor's and "P-1" by Moody's. If such corporation shall publish reports of condition at least annually, annually pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section 10.01Section, the combined capital and surplus of such corporation shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 10.01Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.02.

Appears in 11 contracts

Samples: Trust Agreement (Daimlerchrysler Auto Trust 2003-B), Trust Agreement (Daimlerchrysler Auto Trust 2004-A), Trust Agreement (Daimlerchrysler Services North America LLC)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times (i) be a bank or trust company corporation satisfying the provisions of Section 3807(a) of the Delaware Business Trust Statute; (ii) be authorized to exercise corporate trust powers; (iii) have, or have a parent that has, having a combined capital and surplus of at least $50,000,000; (iv) not be an Affiliate of the Sponsor; 50,000,000 and (v) be subject to supervision or examination by federal or state authorities; and having (or having a parent that has) time deposits that are rated at least "A-1" by Standard & Poor's and "P-1" by Moody's. If such corporation shall publish reports of condition at least annually, annually pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section 10.01Section, the combined capital and surplus of such corporation shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 10.01Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.02.

Appears in 11 contracts

Samples: Trust Agreement (Chrysler Financial Co LLC), Trust Agreement (Daimlerchrysler Auto Trust 2000 A), Trust Agreement (Daimlerchrysler Services North America LLC)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times (i) be a bank or trust company corporation satisfying the provisions of Section 3807(a) of the Delaware Trust Statute; (ii) be authorized to exercise corporate trust powers; (iii) have, or have a parent that has, having a combined capital and surplus of at least $50,000,000; (iv) not be an Affiliate of the Sponsor; 50,000,000 and (v) be subject to supervision or examination by federal Federal or state authorities; and having (or having a parent which has) a short-term debt rating of at least "A-1" or the equivalent by, or which is otherwise acceptable to, the Rating Agencies. If such corporation shall publish reports of condition at least annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section 10.01Section, the combined capital and surplus of such corporation shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 10.01Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.029.02.

Appears in 9 contracts

Samples: Trust Agreement (Aegis 2006-1), Trust Agreement (Aames Mortgage Investment Trust 2005-2), Trust Agreement (Greenpoint Mortgage Funding Trust 2005-He1)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times (i) be a bank or trust company corporation satisfying the provisions of Section 3807(a) of the Delaware Trust Statute; (ii) be authorized to exercise corporate trust powers; (iii) have, or have a parent that has, having a combined capital and surplus of at least $50,000,000; (iv) not be an Affiliate of the Sponsor; 50,000,000 and (v) be subject to supervision or examination by federal Federal or state authorities; and having (or having a parent which has) a short-term debt rating of at least “A-1” or the equivalent by, or which is otherwise acceptable to, the Rating Agencies. If such corporation shall publish reports of condition at least annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section 10.01Section, the combined capital and surplus of such corporation shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 10.01Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.029.2.

Appears in 8 contracts

Samples: Owner Trust Agreement (FBR Securitization, Inc.), Owner Trust Agreement (FBR Securitization, Inc.), Owner Trust Agreement (FBR Securitization Trust 2005-4)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times (i) be a bank or trust company corporation satisfying the provisions of Section 3807(a) of the Delaware Statutory Trust Statute; (ii) be authorized to exercise corporate trust powers; (iii) have, or have a parent that has, having a combined capital and surplus of at least $50,000,000; (iv) not be an Affiliate of the Sponsor; 50,000,000 and (v) be subject to supervision or examination by federal or state authorities; and having (or having a parent that has) long term debt obligations with a rating of at least A (or the equivalent) by Standard & Poor's and/or Moody's. If such corporation shall publish reports of condition at least annually, annually pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section 10.01Section, the combined capital and surplus of such corporation shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 10.019.01, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.029.02.

Appears in 6 contracts

Samples: Owner Trust Agreement (Nomura Asset Acceptance Corp), Owner Trust Agreement (Nomura Home Equity Loan, Inc.), Owner Trust Agreement (Nomura Home Equity Loan, Inc.)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times (i) be a bank or trust company corporation satisfying the provisions of Section 3807(a) of the Delaware Business Trust Statute; (ii) be authorized to exercise corporate trust powers; (iii) have, or have a parent that has, powers having a combined capital and surplus of at least $50,000,000; (iv) not be an Affiliate of the Sponsor; 50,000,000 and (v) be subject to supervision or examination by federal Federal or state authorities; having (or having a parent which has) a long-term rating of at least "___" by _____________ and ______________ [and being acceptable to the Securities Insurer]. If such corporation shall publish reports of condition at least annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section 10.01Section, the combined capital and surplus of such corporation shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 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: Owner Trust Agreement (Bcap LLC), Owner Trust Agreement (Securitized Asset Backed Receivables LLC), Owner Trust Agreement (Painewebber Mortgage Acceptance Corporation Iv)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times (i) be a bank or trust company corporation satisfying the provisions of Section 3807(a) of the Delaware Business Trust Statute; (ii) be authorized to exercise corporate trust powers; (iii) have, or have a parent that has, having a combined capital and surplus of at least $50,000,000; (iv) not be an Affiliate of the Sponsor; 50,000,000 and (v) be subject to supervision or examination by federal or state authorities; and having (or having a parent that has) long term debt obligations with a rating of at least A (or the equivalent) by Standard & Poor's and/or Moody's. If such corporation shall publish reports of condition at least annually, annually pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section 10.01Section, the combined capital and surplus of such corporation shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 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: Owner Trust Agreement (DLJ Mortgage Acceptance Corp), Owner Trust Agreement (Deutsche Alt-a Securities Inc), Owner Trust Agreement (Cendant Mortgage Capital LLC)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times (i) be a bank or trust company corporation satisfying the provisions of Section 3807(a) of the Delaware Trust Statute; (ii) be authorized to exercise corporate trust powers; (iii) have, or have a parent that has, having a combined capital and surplus of at least $50,000,000; (iv) not be an Affiliate of the Sponsor; 50,000,000 and (v) be subject to supervision or examination by federal Federal or state authorities; and having (or having a parent which has) a short-term debt rating of at least “A-1” or the equivalent by, or which is otherwise acceptable to, each Rating Agency. If such corporation shall publish reports of condition at least annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section 10.01Section, the combined capital and surplus of such corporation shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 10.01Section, 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 (Thornburg Mortgage Securities Trust 2007-2), Trust Agreement (Thornburg Mortgage Securities Trust 2007-1), Trust Agreement (Thornburg Mortgage Securities Corp)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times (i) be a bank or trust company corporation satisfying the provisions of Section 3807(a) of the Delaware Business Trust Statute; (ii) be authorized to exercise corporate trust powers; (iii) have, or have a parent that has, having a combined capital and surplus of at least $50,000,000; (iv) not be an Affiliate of the Sponsor; _______________ and (v) be subject to supervision or examination by federal or state authorities; and having (or having a parent which has) a short-term rating of at least "_____" by [Xxxxx'x] and "______" by [Fitch]. If such corporation shall publish reports of condition at least annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section 10.0110.1, the combined capital and surplus of such corporation shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 10.0110.1, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.0210.2(b).

Appears in 2 contracts

Samples: Trust Agreement (Residential Asset Funding Corp), Trust Agreement (Home Equity Securitization Corp)

Eligibility Requirements for Owner Trustee. (a) The Owner Trustee shall at all times (i) be a bank or trust company satisfying the provisions of Section 3807(a) of the Delaware Trust Statute; (ii) be authorized to exercise corporate trust powers; (iiiii) have, have (or shall have a parent that has, ) a combined capital and surplus of at least $50,000,000; (iv) not be an Affiliate of the Sponsor; 50,000,000 and (v) shall be subject to supervision or examination by federal or state authorities; and (iii) shall have (or shall have a parent that has) a long-term debt rating of investment grade by each of the Rating Agencies or be otherwise acceptable to the Rating Agencies. If such corporation shall publish reports of condition at least annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section 10.019.1, the combined capital and surplus of such corporation shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 10.019.1, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.029.2. (b) The Owner Trustee shall at all times be an institution satisfying the provisions of Section 3807(a) of the Statutory Trust Statute.

Appears in 2 contracts

Samples: Trust Agreement (Usaa Acceptance LLC), Trust Agreement (USAA Auto Owner Trust 2008-1)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times (i) be a bank or trust company corporation satisfying the provisions of Section 3807(a) of the Delaware Business Trust Statute; (ii) be authorized to exercise corporate trust powers; (iii) have, or have a parent that has, having a combined capital and surplus of at least $50,000,000; (iv) not be an Affiliate of the Sponsor; 50,000,000 and (v) be subject to supervision or examination by federal Federal or state authorities; and having (or having a parent which has) a long-term rating of at least "A" (or its equivalent) by each of Standard & Poor's and Fitch [and being acceptable to the Insurer]. If such corporation shall publish reports of condition at least annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section 10.01Section, the combined capital and surplus of such corporation shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 10.0110.1, 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 (HFC Revolving Corp), Trust Agreement (Household Mortgage Funding Corp Iii)

Eligibility Requirements for Owner Trustee. The Owner Trustee or its direct or indirect parent shall at all times (i) be a bank or trust company satisfying the provisions of Section 3807(a) of the Delaware Trust Statute; (ii) be authorized to exercise corporate trust powers; (iii) have, or have a parent that has, an entity having a combined capital and surplus of at least $50,000,000; (iv) not be an Affiliate of the Sponsor; and (v) , be subject to supervision or examination by federal or state authorities, be authorized to exercise trust powers in the State of Delaware and have a long-term debt rating of “BBB” or better by S&P, or otherwise acceptable to the Rating Agencies. If such corporation entity shall publish reports of condition at least annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section 10.01, the combined capital and surplus of such corporation entity shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 10.01Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.02.. 27 (NAROT 2018-C Amended & Restated Trust Agreement)

Appears in 2 contracts

Samples: Trust Agreement (Nissan Auto Receivables 2018-C Owner Trust), Trust Agreement (Nissan Auto Receivables 2018-C Owner Trust)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times (i) be a bank or trust company corporation satisfying the provisions of Section 3807(a) of the Delaware Statutory Trust Statute; (ii) be authorized to exercise corporate trust powers; (iii) have, or have a parent that has, having a combined capital and surplus of at least $50,000,000; (iv) not be an Affiliate of the Sponsor; 50,000,000 and (v) be subject to supervision or examination by federal or state authorities; and having (or having a parent that has) time deposits that are rated at least "P-1" by Moody's and "A-1" by Standard & Poor's. If such corporation shall publish reports of condition at least annually, annually pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section 10.01Section, the combined capital and surplus of such corporation shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 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 (DaimlerChrysler Financial Services Americas LLC), Trust Agreement (DaimlerChrysler Auto Trust 2006-C)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times (i) be a bank or trust company corporation satisfying the provisions of Section 3807(a) of the Delaware Business Trust Statute; (ii) be authorized to exercise corporate trust powers; (iii) have, or have a parent that has, having a combined capital and surplus of at least $50,000,000; (iv) not be an Affiliate of the Sponsor; 50,000,000 and (v) be subject to supervision or examination by federal Federal or state authorities; and having (or having a parent which has) a long-term rating of at least "A" (or its equivalent) by each of Standard & Poor's, and Fitch and being acceptable to the Insurer. If such corporation shall publish reports of condition at least annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section 10.01Section, the combined capital and surplus of such corporation shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 10.0110.1, 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 (Bond Securitization LLC), Trust Agreement (Fleet Home Equity Loan Corp)

Eligibility Requirements for Owner Trustee. (a) The Owner Trustee shall at all times (i) be a bank or trust company satisfying the provisions of Section 3807(a) of the Delaware Trust Statute; (ii) be authorized to exercise corporate trust powers; (iiiii) have, have (or shall have a parent that has, ) a combined capital and surplus of at least $50,000,000; (iv) not be an Affiliate of the Sponsor; 50,000,000 and (v) shall be subject to supervision or examination by federal or state authorities; and (iii) shall have (or shall have a parent that has) a long-term debt rating of investment grade by each of the Rating Agencies or be otherwise acceptable to the Rating Agencies. If such corporation shall publish reports of condition at least annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section 10.019.1, the combined capital and surplus of such corporation shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 10.019.1, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.029.2. (b) The Owner Trustee shall at all times be a corporation satisfying the provisions of Section 3807(a) of the Statutory Trust Statute.

Appears in 2 contracts

Samples: Trust Agreement (USAA Auto Owner Trust 2007-1), Trust Agreement (USAA Auto Owner Trust 2006-4)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times (i) be a bank or trust company corporation satisfying the provisions of Section 3807(a) of the Delaware Trust Statute; (ii) be authorized to exercise corporate trust powers; (iii) have, or have a parent that has, having a combined capital and surplus of at least $50,000,000; (iv) not be an Affiliate of the Sponsor; 50,000,000 and (v) be subject to supervision or examination by federal Federal or state authorities; and having (or having a parent which has) a short-term debt rating of at least "A-1" or the equivalent by, or which is otherwise acceptable to, the Rating Agencies. If such corporation shall publish reports of condition at least annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section 10.01Section, the combined capital and surplus of such corporation shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 10.01Section, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.029.2.

Appears in 1 contract

Samples: Owner Trust Agreement (Lares Asset Securitization, Inc.)

Eligibility Requirements for Owner Trustee. The Owner ------------------------------------------ Trustee shall at all times (i) be a bank or trust company corporation satisfying the provisions of Section 3807(a) of the Delaware Business Trust Statute; (ii) be authorized to exercise corporate trust powers; (iii) have, or have a parent that has, powers having a combined capital and surplus of at least $50,000,000; (iv) not be an Affiliate of the Sponsor; 50,000,000 and (v) be subject to supervision or examination by federal Federal or state authorities; and having (or having a parent which has) a long-term rating of at least "A" by Fitch and DCR, and "A2" by Xxxxx'x. If such corporation shall publish reports of condition at least annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section 10.01Section, the combined capital and surplus of such corporation shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 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: Owner Trust Agreement (Ace Securities Corp)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times (i) be a bank or trust company corporation satisfying the provisions of Section 3807(a) of the Delaware Business Trust Statute; (ii) be authorized to exercise corporate trust powers; (iii) have, or have a parent that has, having a combined capital and surplus of at least $50,000,000; (iv) not be an Affiliate of the Sponsor; 50,000,000 and (v) be subject to supervision or examination by federal or state authorities; and having (or having a parent that has) long term debt obligations with a rating of at least A (or the equivalent) by Standard & Poor’s and/or Moody’s. If such corporation shall publish reports of condition at least annually, annually pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section 10.01Section, the combined capital and surplus of such corporation shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 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

Samples: Owner Trust Agreement (Credit Suisse First Boston Mor Ac Corp CSFB Abs Tr 2002 Hi23)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times (i) be a bank or trust company corporation satisfying the provisions of Section 3807(a) of the Delaware Statutory Trust Statute; (ii) be authorized to exercise corporate trust powers; (iii) have, or have a parent that has, having a combined capital and surplus of at least $50,000,000; (iv) not be an Affiliate of the Sponsor; 50,000,000 and (v) be subject to supervision or examination by federal or state authorities; and having (or having a parent that has) time deposits that are rated at least "P-1" by Moody's and "F1" by Fitch. If such corporation shall publish reports of condition reportx xx xxndition 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 10.01Section, the combined capital and surplus of such corporation shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 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 (DaimlerChrysler Auto Trust 2006-B)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times (i) be a bank or trust company corporation satisfying the provisions of Section 3807(a) of the Delaware Trust Statute; (ii) be authorized to exercise corporate trust powers; (iii) have, or have a parent that has, having a combined capital and surplus of at least $50,000,000; (iv) not be an Affiliate of the Sponsor; 50,000,000 and (v) be subject to supervision or examination by federal or state authorities; and having (or having a parent that has) long-term debt obligations with a rating of at least A by Moody’s and/or Standard & Poor’s and being acceptable to the Credit Enhancer. If such corporation shall publish reports of condition at least annually, annually pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section 10.01Section, the combined capital and surplus of such corporation shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 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

Samples: Trust Agreement (MSCC HELOC Trust 2007-1)

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Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times (i) be a bank corporation or trust company banking association satisfying the provisions of Section 3807(a) of the Delaware Statutory Trust Statute; (ii) be authorized to exercise corporate trust powers; (iii) have, or have a parent that has, having a combined capital and surplus of at least $50,000,000; (iv) not be an Affiliate of the Sponsor; 50,000,000 and (v) be subject to supervision or examination by federal Federal or state authorities. ; and having (or having a parent that has) a rating of at least "Baa3" by Xxxxx'x and "A-1" by S&P. If such corporation entity shall publish reports of condition at least annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section 10.01, the combined capital and surplus of such corporation entity shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 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 (American Business Financial Services Inc /De/)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times (i) be a bank corporation or trust company satisfying the provisions of Section 3807(a) of the Delaware Trust Statute; (ii) be [__________] authorized to exercise corporate trust powers; (iii) have, or have a parent that has, having a combined capital and surplus of at least $50,000,000; (iv) not be an Affiliate of the Sponsor; 50,000,000 and (v) be subject to supervision or examination by federal Federal or state authorities; and having (or having a parent which has) a long-term rating of at least "Baa3" (or its equivalent) by Moody's and "A" (or its equivalent) by Standard & Poor's. If such corporation shall publish reports of condition at least annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section 10.01Section, the combined capital and surplus of such corporation shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 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 (Compass Asset Acceptance Co)

Eligibility Requirements for Owner Trustee. (a) The Owner Trustee shall at all times (i) be a bank or trust company satisfying the provisions of Section 3807(a) of the Delaware Trust Statute; (ii) be authorized to exercise corporate trust powers; (iiiii) have, have (or shall have a parent that has, ) a combined capital and surplus of at least $50,000,000; (iv) not be an Affiliate of the Sponsor; 50,000,000 and (v) shall be subject to supervision or examination by federal or state authorities; and (iii) shall have (or shall have a parent that has) a long-term debt rating of investment grade by each of the Rating Agencies or be otherwise acceptable to the Rating Agencies. If such corporation shall publish reports of condition at least annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section 10.019.1, the combined capital and surplus of such corporation shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 10.019.1, the Owner Trustee shall resign immediately in the manner and with the effect specified in Section 10.029.2. (b) The Owner Trustee shall at all times be a Person satisfying the provisions of Section 3807(a) of the Statutory Trust Statute.

Appears in 1 contract

Samples: Trust Agreement (USAA Auto Owner Trust 2007-2)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times (i) be a bank or trust company corporation satisfying the provisions of Section 3807(a) of the Delaware Trust Statute; (ii) be authorized to exercise corporate trust powers; (iii) have, or have a parent that has, having a combined capital and surplus of at least $50,000,000; (iv) not be an Affiliate of the Sponsor; 50,000,000 and (v) be subject to supervision or examination by federal or state authorities; and having (or having a parent that has) long-term debt obligations with a rating of at least A by Moody's and/or Standard & Poor's and being acceptable to the Credit Enhancer. If such corporation shall publish reports of condition at least annually, annually pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section 10.01Section, the combined capital and surplus of such corporation shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 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

Samples: Trust Agreement (Morgan Stanley ABS Capital I Inc. MSDWCC HELOC Trust 2005-1)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times (i) be a bank or trust company corporation satisfying the provisions of Section 3807(a) of the Delaware Business Trust Statute; (ii) be authorized to exercise corporate trust powers; (iii) have, or have a parent that has, having a combined capital and surplus of at least $50,000,000; (iv) not be an Affiliate of the Sponsor; 50,000,000 and (v) be subject to supervision or examination by federal or state authorities; and having (or having a parent that has) long-term debt obligations with a rating of at least A by Standard & Poor's, Xxxxx'x and/or Fitch. If such corporation shall publish reports of condition at least annually, annually pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section 10.01Section, the combined capital and surplus of such corporation shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 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

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

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times (i) be a bank or trust company corporation satisfying the provisions of Section 3807(a) of the Delaware Business Trust Statute; (ii) be authorized to exercise corporate trust powers; (iii) have, or have a parent that has, powers having a combined capital and surplus of at least $50,000,000; (iv) not be an Affiliate of the Sponsor; 50,000,000 and (v) be subject to supervision or examination by federal Federal or state authorities; having (or having a parent which has) a long-term rating of at least “___” by _____________ and ______________ [and being acceptable to the Securities Insurer]. If such corporation shall publish reports of condition at least annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section 10.01Section, the combined capital and surplus of such corporation shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 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: Owner Trust Agreement (Hsi Asset Securitization Corp)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times (i) be a bank or trust company corporation satisfying the provisions of Section 3807(a) of the Delaware Statutory Trust Statute; (ii) be authorized to exercise corporate trust powers; (iii) have, or have a parent that has, having a combined capital and surplus of at least $50,000,000; (iv) not be an Affiliate of the Sponsor; 50,000,000 and (v) be subject to supervision or examination by federal or state authorities; and having (or having a parent that has) long-term debt obligations with a rating of at least A by Moody's and/or Xxxxxxxd & Poor's. If such corporation shall publish reports of condition at least annually, annually pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section 10.01Section, the combined capital and surplus of such corporation shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 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

Samples: Trust Agreement (Home Loan Trust 2004-Hi2)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times (i) be a bank or trust company corporation satisfying the provisions of Section 3807(a) of the Delaware Business Trust Statute; (ii) be authorized to exercise corporate trust powers; (iii) have, or have a parent that has, powers having a combined capital and surplus of at least $50,000,000; (iv) not be an Affiliate of the Sponsor; 50,000,000 and (v) be subject to supervision or examination by federal Federal or state authorities; and having (or having a parent which has) a long-term rating of at least "A" by Fitch and DCR, and "A2" by Moody's. If such corporation shall publish reports of condition coxxxxxxx at least annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section 10.01Section, the combined capital and surplus of such corporation shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 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: Owner Trust Agreement (Empire Funding Home Loan Owner Trust 1998-1)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times (i) be a bank or trust company corporation satisfying the provisions of Section 3807(a) of the Delaware Statutory Trust Statute; (ii) be authorized to exercise corporate trust powers; (iii) have, or have a parent that has, having a combined capital and surplus of at least $50,000,000; (iv) not be an Affiliate of the Sponsor; 50,000,000 and (v) be subject to supervision or examination by federal or state authorities; and having (or having a parent which has) a rating of at least "Baa3" by Xxxxx'x and at least "BBB-" by Standard & Poor's. If such corporation shall publish reports of condition at least annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section 10.01Section, the combined capital and surplus of such corporation shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 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 (Caterpillar Financial Funding Corp)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times (i) be a bank or trust company corporation satisfying the provisions of Section 3807(a) of the Delaware Trust Statute; (ii) be authorized to exercise corporate trust powers; (iii) have, or have a parent that has, having a combined capital and surplus of at least $50,000,000; (iv) not be an Affiliate of the Sponsor; 50,000,000 and (v) be subject to supervision or examination by federal Federal or state authorities; and having (or having a parent which has) a short-term debt rating of at least "A-1" or the equivalent by, or which is otherwise acceptable to, each Rating Agency. If such corporation shall publish reports of condition at least annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section 10.01Section, the combined capital and surplus of such corporation shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 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 (Structured Asset Mortgage Investments Ii Inc)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times (i) be a bank or trust company corporation satisfying the provisions of Section 3807(a) of the Delaware Trust Statute; (ii) be authorized to exercise corporate trust powers; (iii) have, or have a parent that has, having a combined capital and surplus of at least $50,000,000; (iv) not be an Affiliate of the Sponsor; 50,000,000 and (v) be subject to supervision or examination by federal Federal or state authorities; and having (or having a parent which has) a short-term debt rating of at least “A-1” or the equivalent by, or which is otherwise acceptable to, the Rating Agencies. If such corporation shall publish Trust Agreement 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 10.01Section, the combined capital and surplus of such corporation shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 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 (Homebanc Corp)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times (i) be a bank or trust company corporation satisfying the provisions of Section 3807(a) of the Delaware Business Trust Statute; (ii) be authorized to exercise corporate trust powers; (iii) have, or have a parent that has, powers having a combined capital and surplus of at least $50,000,000; (iv) not be an Affiliate of the Sponsor; 50,000,000 and (v) be subject to supervision or examination by federal Federal or state authorities; and having (or having a parent which has) a long-term rating of at least "A" by Fitch and DCR, and "A2" by Mxxxx'x. If such corporation shall publish reports of condition at least annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section 10.01Section, the combined capital and surplus of such corporation shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 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: Owner Trust Agreement (Master Financial Asset Securitization Trust 1998-2)

Eligibility Requirements for Owner Trustee. The Owner Trustee shall at all times (i) be a bank or trust company corporation satisfying the provisions of Section 3807(a) of the Delaware Business Trust Statute; (ii) be authorized to exercise corporate trust powers; (iii) have, or have a parent that has, powers having a combined capital and surplus of at least $50,000,000; (iv) not be an Affiliate of the Sponsor; 50,000,000 and (v) be subject to supervision or examination by federal Federal or state authorities; having (or having a parent which has) a long-term rating of at least "A" by S&P, Fitch and Xxxxx'x and being acceptable to the Securities Insurer. If such corporation shall publish reports of condition at least annually, pursuant to law or to the requirements of the aforesaid supervising or examining authority, then for the purpose of this Section 10.01Section, the combined capital and surplus of such corporation shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. In case at any time the Owner Trustee shall cease to be eligible in accordance with the provisions of this Section 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: Owner Trust Agreement (Empire Funding Home Loan Owner Trust 1998 3)

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