Common use of Eligibility Requirements for Trust Collateral Agent and the Custodian Clause in Contracts

Eligibility Requirements for Trust Collateral Agent and the Custodian. The Trust Collateral Agent and the Custodian under this Agreement shall at all times be organized and doing business under the laws of the United States of America, with respect to the Trust Collateral Agent or the laws of the State of New York, with respect to the Custodian; authorized under such laws to exercise corporate trust powers; having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by Federal or State authorities satisfactory to the Note Insurer; and having a rating, both with respect to long-term and short-term unsecured obligations, of not less than investment grade by 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 10.7, 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 Trust Collateral Agent or the Custodian shall cease to be eligible in accordance with the provisions of this Section 10.7, the Trust Collateral Agent or the Custodian shall resign immediately in the manner and with the effect specified in Section 10.8.

Eligibility Requirements for Trust Collateral Agent and the Custodian. The Trust Collateral Agent and the Custodian under this Agreement shall at all times be organized and doing business under the laws of the United States of America, with respect to the Trust Collateral Agent or the laws of the State of New York, with respect to the Custodian; authorized under such laws to exercise corporate trust powers; having a combined capital and surplus of at least $50,000,000 and subject to supervision or examination by Federal or State authorities satisfactory to [the Note Insurer]; and having a rating, both with respect to long-term and short-term unsecured obligations, of not less than investment grade by 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 10.7, 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 Trust Collateral Agent or the Custodian shall cease to be eligible in accordance with the provisions of this Section 10.7, the Trust Collateral Agent or the Custodian shall resign immediately in the manner and with the effect specified in Section 10.8.