Eligibility Requirements. The Trustee hereunder shall at all times: (i) be a bank or trust company organized and doing business under the laws of the United States of America or any state thereof, authorized under such laws to exercise corporate trust powers and subject to supervision or examination by federal or state authority, (ii) have a combined capital and surplus of at least $100,000,000, (iii) maintain any credit or deposit rating required by nationally recognized rating organizations (as of the date hereof "A-1" for Standard & Poor's Rating Service or "P-1" for Xxxxx'x Investors Service, Inc.) and (iv) accept and act in the capacity of both the Trustee hereunder and as trustee of the Up-MACRO Tradeable Trust, the Down-MACRO Holding Trust and the Up-MACRO Holding Trust. If such bank publishes 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 13.7, the combined capital and surplus of such bank or trust company 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 Trustee ceases to be eligible in accordance with the provisions of this Section 13.7, the Trustee shall resign immediately in the manner and with the effect specified in Section 13.8.
Appears in 10 contracts
Samples: Third Amended and Restated Macroshares Oil Down Tradeable Trust Agreement (MACROshares Oil Down Holding Trust), Third Amended and Restated Macroshares Oil Down Tradeable Trust Agreement (MACROshares Oil Up Tradeable Trust), Second Amended and Restated Macroshares Oil Down Tradeable Trust Agreement (Claymore MACROshares Oil Down Holding Trust)
Eligibility Requirements. The Trustee hereunder shall at all times: (i) be a bank or trust company organized and doing business under the laws of the United States of America or any state thereof, authorized under such laws to exercise corporate trust powers and subject to supervision or examination by federal or state authority, (ii) have a combined capital and surplus of at least $100,000,000, (iii) maintain any credit or deposit rating required by nationally recognized rating organizations (as of the date hereof "A-1" for Standard & Poor's Rating Service or "P-1" for Xxxxx'x Investors Service, Inc.) and (iv) accept and act in the capacity of both the Trustee hereunder and as trustee of the Down-MACRO Holding Trust, the Up-MACRO Tradeable Trust, Trust and the Down-MACRO Holding Trust and the Up-MACRO Holding Tradeable Trust. If such bank publishes 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 13.7, the combined capital and surplus of such bank or trust company 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 Trustee ceases to be eligible in accordance with the provisions of this Section 13.7, the Trustee shall resign immediately in the manner and with the effect specified in Section 13.8.
Appears in 6 contracts
Samples: Macroshares Oil Up Holding Trust Agreement (Claymore MACROshares Oil Down Holding Trust), Third Amended and Restated Macroshares Oil Up Holding Trust Agreement (Claymore MACROshares Oil Up Tradeable Trust), Macroshares Oil Up Holding Trust Agreement (Claymore MACROshares Oil Up Holding Trust)
Eligibility Requirements. The Trustee hereunder shall at all times: (i) be a bank or trust company organized and doing business under the laws of the United States of America or any state thereof, authorized under such laws to exercise corporate trust powers and subject to supervision or examination by federal or state authority, (ii) have a combined capital and surplus of at least $100,000,000, (iii) maintain any credit or deposit rating required by nationally recognized rating organizations (as of the date hereof "A-1" for Standard & Poor's Rating Service or "P-1" for Xxxxx'x Investors Service, Inc.) and (iv) accept and act in the capacity of both the Trustee hereunder and as trustee of the UpDown-MACRO Tradeable Trust, the DownUp-MACRO Holding Trust and the UpDown-MACRO Holding Trust. If such bank publishes 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 13.7, the combined capital and surplus of such bank or trust company 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 Trustee ceases to be eligible in accordance with the provisions of this Section 13.7, the Trustee shall resign immediately in the manner and with the effect specified in Section 13.8.
Appears in 6 contracts
Samples: Third Amended and Restated Macroshares Oil Up Tradeable Trust Agreement (MACROshares Oil Down Tradeable Trust), Macroshares Oil Up Tradeable Trust Agreement (Claymore MACROshares Oil Down Holding Trust), Third Amended and Restated Macroshares Oil Up Tradeable Trust Agreement (Claymore MACROshares Oil Up Tradeable Trust)
Eligibility Requirements. The Trustee hereunder shall at all times: (i) be a bank or trust company organized and doing business under the laws of the United States of America or any state thereof, authorized under such laws to exercise corporate trust powers and subject to supervision or examination by federal or state authority, (ii) have a combined capital and surplus of at least $100,000,000, (iii) maintain any credit or deposit rating required by nationally recognized rating organizations (as of the date hereof "A-1" for Standard & Poor's Rating Service or "P-1" for Xxxxx'x Investors Service, Inc.) and (iv) accept and act in the capacity of both the Trustee hereunder and as trustee of the Up-MACRO Tradeable Holding Trust, the Down-MACRO Holding Tradeable Trust and the Up-MACRO Holding Tradeable Trust. If such bank publishes 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 13.7, the combined capital and surplus of such bank or trust company 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 Trustee ceases to be eligible in accordance with the provisions of this Section 13.7, the Trustee shall resign immediately in the manner and with the effect specified in Section 13.8.
Appears in 5 contracts
Samples: Macroshares Oil Down Holding Trust Agreement (Claymore MACROshares Oil Up Holding Trust), Trust Agreement (MACROshares Oil Up Holding Trust), Third Amended and Restated Macroshares Oil Down Holding Trust Agreement (Claymore MACROshares Oil Down Holding Trust)
Eligibility Requirements. The Trustee hereunder shall at all times: (i) be a bank or trust company organized and doing business under the laws of the United States of America or any state thereof, authorized under such laws to exercise corporate trust powers and subject to supervision or examination by federal or state authority, (ii) have a combined capital and surplus of at least $100,000,000, (iii) maintain any credit or deposit rating required by nationally recognized rating organizations (as of the date hereof "A-1" for Standard & Poor's Rating Service or "P-1" for Xxxxx'x Moody's Investors Service, Inc.) and (iv) accept and act in the capacity caxxxxxx of both the Trustee hereunder and as trustee of the Up-MACRO Tradeable Holding Trust, the Down-MACRO Holding Tradeable Trust and the Up-MACRO Holding Tradeable Trust. If such bank publishes 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 13.7, the combined capital and surplus of such bank or trust company 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 Trustee ceases to be eligible in accordance with the provisions of this Section 13.7, the Trustee shall resign immediately in the manner and with the effect specified in Section 13.8.
Appears in 3 contracts
Samples: Claymore Macroshares Oil Down Holding Trust Agreement (MACRO Securities Depositor, LLC), Claymore Macroshares Oil Down Holding Trust Agreement (MACRO Securities Depositor, LLC), Claymore Macroshares Oil Down Holding Trust Agreement (MACRO Securities Depositor, LLC)
Eligibility Requirements. The Trustee hereunder shall at all times: (i) be a bank or trust company organized and doing business under the laws of the United States of America or any state thereof, authorized under such laws to exercise corporate trust powers and subject to supervision or examination by federal or state authority, (ii) have a combined capital and surplus of at least $100,000,000, (iii) maintain any credit or deposit rating required by nationally recognized rating organizations (as of the date hereof "A-1" for Standard & Poor's Rating Service or "P-1" for Xxxxx'x Moody's Investors Service, Inc.) and (iv) accept and act in the capacity of capxxxxx xf both the Trustee hereunder and as trustee of the Down-MACRO Holding Trust, the Up-MACRO Tradeable Trust, Trust and the Down-MACRO Holding Trust and the Up-MACRO Holding Tradeable Trust. If such bank publishes 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 13.7, the combined capital and surplus of such bank or trust company 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 Trustee ceases to be eligible in accordance with the provisions of this Section 13.7, the Trustee shall resign immediately in the manner and with the effect specified in Section 13.8.
Appears in 2 contracts
Samples: Claymore Macroshares Oil Up Holding Trust Agreement (MACRO Securities Depositor, LLC), Claymore Macroshares Oil Up Holding Trust Agreement (MACRO Securities Depositor, LLC)
Eligibility Requirements. The Trustee hereunder shall at all times: (i) be a bank or trust company organized and doing business under the laws of the United States of America or any state thereof, authorized under such laws to exercise corporate trust powers and subject to supervision or examination by federal or state authority, (ii) have a combined capital and surplus of at least $100,000,000, (iii) maintain any credit or deposit rating required by nationally recognized rating organizations (as of the date hereof "A-1" for Standard & Poor's Rating Service or "P-1" for Xxxxx'x Moody's Investors Service, Inc.) and (iv) accept and act in the capacity of capxxxxx xf both the Trustee hereunder and as trustee of the UpDown-MACRO Tradeable Trust, the DownUp-MACRO Holding Trust and the UpDown-MACRO Holding Trust. If such bank publishes 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 13.7, the combined capital and surplus of such bank or trust company 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 Trustee ceases to be eligible in accordance with the provisions of this Section 13.7, the Trustee shall resign immediately in the manner and with the effect specified in Section 13.8.
Appears in 2 contracts
Samples: Claymore Macroshares Oil Up Tradeable Trust Agreement (MACRO Securities Depositor, LLC), Claymore Macroshares Oil Up Tradeable Trust Agreement (MACRO Securities Depositor, LLC)
Eligibility Requirements. The Trustee hereunder shall at all times: (i) be a bank or trust company organized and doing business under the laws of the United States of America or any state thereof, authorized under such laws to exercise corporate trust powers and subject to supervision or examination by federal or state authority, (ii) have a combined capital and surplus of at least $100,000,000, (iii) maintain any credit or deposit rating required by nationally recognized rating organizations (as of the date hereof "A-1" for Standard & Poor's Rating Service or "P-1" for Xxxxx'x Moody's Investors Service, Inc.) and (iv) accept and act in the capacity caxxxxxx of both the Trustee hereunder and as trustee of the UpDown-MACRO Tradeable Trust, the DownUp-MACRO Holding Trust and the UpDown-MACRO Holding Trust. If such bank publishes 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 13.7, the combined capital and surplus of such bank or trust company 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 Trustee ceases to be eligible in accordance with the provisions of this Section 13.7, the Trustee shall resign immediately in the manner and with the effect specified in Section 13.8.
Appears in 1 contract
Samples: Claymore Macroshares Oil Up Tradeable Trust Agreement (MACRO Securities Depositor, LLC)
Eligibility Requirements. The Trustee hereunder shall at all times: (i) be a bank or trust company organized and doing business under the laws of the United States of America or any state thereof, authorized under such laws to exercise corporate trust powers and subject to supervision or examination by federal or state authority, (ii) have a combined capital and surplus of at least $100,000,000, (iii) maintain any credit or deposit rating required by nationally recognized rating organizations (as of the date hereof "A-1" for Standard & Poor's Rating Service or "P-1" for Xxxxx'x Moody's Investors Service, Inc.) and (iv) accept and act in the capacity of capacxxx xx both the Trustee hereunder and as trustee of the UpDown-MACRO Tradeable Trust, the DownUp-MACRO Holding Trust and the UpDown-MACRO Holding Trust. If such bank publishes 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 13.7, the combined capital and surplus of such bank or trust company 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 Trustee ceases to be eligible in accordance with the provisions of this Section 13.7, the Trustee shall resign immediately in the manner and with the effect specified in Section 13.8.
Appears in 1 contract
Samples: Claymore Macroshares Oil Up Tradeable Trust Agreement (MACRO Securities Depositor, LLC)
Eligibility Requirements. The Trustee hereunder shall at all times: (i) be a bank or trust company organized and doing business under the laws of the United States of America or any state thereof, authorized under such laws to exercise corporate trust powers and subject to supervision or examination by federal or state authority, (ii) have a combined capital and surplus of at least $100,000,000, (iii) maintain any credit or deposit rating required by nationally recognized rating organizations (as of the date hereof "A-1" for Standard & Poor's Rating Service or "P-1" for Xxxxx'x Moody's Investors Service, Inc.) and (iv) accept and act in the capacity of capacxxx xx both the Trustee hereunder and as trustee of the Up-MACRO Tradeable Holding Trust, the Down-MACRO Holding Tradeable Trust and the Up-MACRO Holding Tradeable Trust. If such bank publishes 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 13.7, the combined capital and surplus of such bank or trust company 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 Trustee ceases to be eligible in accordance with the provisions of this Section 13.7, the Trustee shall resign immediately in the manner and with the effect specified in Section 13.8.
Appears in 1 contract
Samples: Claymore Macroshares Oil Down Holding Trust Agreement (MACRO Securities Depositor, LLC)
Eligibility Requirements. The Trustee hereunder shall at all times: (i) be a bank or trust company organized and doing business under the laws of the United States of America or any state thereof, authorized under such laws to exercise corporate trust powers and subject to supervision or examination by federal or state authority, (ii) have a combined capital and surplus of at least $100,000,000, (iii) maintain any credit or deposit rating required by nationally recognized rating organizations (as of the date hereof "A-1" for Standard & Poor's Rating Service or "P-1" for Xxxxx'x Moody's Investors Service, Inc.) and (iv) accept and act in the capacity xxxxxxxy of both the Trustee hereunder and as trustee of the Up-MACRO Tradeable Holding Trust, the Down-MACRO Holding Tradeable Trust and the Up-MACRO Holding Tradeable Trust. If such bank publishes 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 13.7, the combined capital and surplus of such bank or trust company 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 Trustee ceases to be eligible in accordance with the provisions of this Section 13.7, the Trustee shall resign immediately in the manner and with the effect specified in Section 13.8.
Appears in 1 contract
Samples: Claymore Macroshares Oil Down Holding Trust Agreement (MACRO Securities Depositor, LLC)
Eligibility Requirements. The Trustee hereunder shall at all times: (i) be a bank or trust company organized and doing business under the laws of the United States of America or any state thereof, authorized under such laws to exercise corporate trust powers and subject to supervision or examination by federal or state authority, (ii) have a combined capital and surplus of at least $100,000,000, (iii) maintain any credit or deposit rating required by nationally recognized rating organizations (as of the date hereof "A-1" for Standard & Poor's Rating Service or "P-1" for Xxxxx'x Moody's Investors Service, Inc.) and (iv) accept and act in the capacity of both capacixx xx xoth the Trustee hereunder and as trustee of the Up-MACRO Tradeable Holding Trust, the Down-MACRO Holding Tradeable Trust and the Up-MACRO Holding Tradeable Trust. If such bank publishes 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 13.7, the combined capital and surplus of such bank or trust company 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 Trustee ceases to be eligible in accordance with the provisions of this Section 13.7, the Trustee shall resign immediately in the manner and with the effect specified in Section 13.8.
Appears in 1 contract
Samples: Claymore Macroshares Oil Down Holding Trust Agreement (MACRO Securities Depositor, LLC)
Eligibility Requirements. The Trustee hereunder shall at all times: (i) be a bank or trust company organized and doing business under the laws of the United States of America or any state thereof, authorized under such laws to exercise corporate trust powers and subject to supervision or examination by federal or state authority, (ii) have a combined capital and surplus of at least $100,000,000, (iii) maintain any credit or deposit rating required by nationally recognized rating organizations (as of the date hereof "A-1" for Standard & Poor's Rating Service or "P-1" for Xxxxx'x Moody's Investors Service, Inc.) and (iv) accept and act in the capacity of capaxxxx xx both the Trustee hereunder and as trustee of the Up-MACRO Tradeable Holding Trust, the Down-MACRO Holding Tradeable Trust and the Up-MACRO Holding Tradeable Trust. If such bank publishes 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 13.7, the combined capital and surplus of such bank or trust company 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 Trustee ceases to be eligible in accordance with the provisions of this Section 13.7, the Trustee shall resign immediately in the manner and with the effect specified in Section 13.8.
Appears in 1 contract
Samples: Claymore Macroshares Oil Down Holding Trust Agreement (MACROshares Oil Down Tradeable Trust)
Eligibility Requirements. The Trustee hereunder shall at all times: (i) be a bank or trust company organized and doing business under the laws of the United States of America or any state thereof, authorized under such laws to exercise corporate trust powers and subject to supervision or examination by federal or state authority, (ii) have a combined capital and surplus of at least $100,000,000, (iii) maintain any credit or deposit rating required by nationally recognized rating organizations (as of the date hereof "A-1" for Standard & Poor's Rating Service or "P-1" for Xxxxx'x Moody's Investors Service, Inc.) and (iv) accept and act in the capacity of both capacixx xx xoth the Trustee hereunder and as trustee of the Down-MACRO Holding Trust, the Up-MACRO Tradeable Trust, Trust and the Down-MACRO Holding Trust and the Up-MACRO Holding Tradeable Trust. If such bank publishes 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 13.7, the combined capital and surplus of such bank or trust company 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 Trustee ceases to be eligible in accordance with the provisions of this Section 13.7, the Trustee shall resign immediately in the manner and with the effect specified in Section 13.8.
Appears in 1 contract
Samples: Claymore Macroshares Oil Up Holding Trust Agreement (MACRO Securities Depositor, LLC)
Eligibility Requirements. The Trustee hereunder shall at all times: (i) be a bank or trust company organized and doing business under the laws of the United States of America or any state thereof, authorized under such laws to exercise corporate trust powers and subject to supervision or examination by federal or state authority, (ii) have a combined capital and surplus of at least $100,000,000, (iii) maintain any credit or deposit rating required by nationally recognized rating organizations (as of the date hereof "A-1" for Standard & Poor's Rating Service or "P-1" for Xxxxx'x Moody's Investors Service, Inc.) and (iv) accept and act in the capacity of capaxxxx xx both the Trustee hereunder and as trustee of the Down-MACRO Holding Trust, the Up-MACRO Tradeable Trust, Trust and the Down-MACRO Holding Trust and the Up-MACRO Holding Tradeable Trust. If such bank publishes 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 13.7, the combined capital and surplus of such bank or trust company 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 Trustee ceases to be eligible in accordance with the provisions of this Section 13.7, the Trustee shall resign immediately in the manner and with the effect specified in Section 13.8.
Appears in 1 contract
Samples: Claymore Macroshares Oil Up Holding Trust Agreement (MACROshares Oil Up Holding Trust)
Eligibility Requirements. The Trustee hereunder shall at all times: (i) be a bank or trust company organized and doing business under the laws of the United States of America or any state thereof, authorized under such laws to exercise corporate trust powers and subject to supervision or examination by federal or state authority, (ii) have a combined capital and surplus of at least $100,000,000, (iii) maintain any credit or deposit rating required by nationally recognized rating organizations (as of the date hereof "A-1" for Standard & Poor's Rating Service or "P-1" for Xxxxx'x Moody's Investors Service, Inc.) and (iv) accept and act in the capacity of capaxxxx xx both the Trustee hereunder and as trustee of the UpDown-MACRO Tradeable Trust, the DownUp-MACRO Holding Trust and the UpDown-MACRO Holding Trust. If such bank publishes 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 13.7, the combined capital and surplus of such bank or trust company 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 Trustee ceases to be eligible in accordance with the provisions of this Section 13.7, the Trustee shall resign immediately in the manner and with the effect specified in Section 13.8.
Appears in 1 contract
Samples: Claymore Macroshares Oil Up Tradeable Trust Agreement (MACROshares Oil Up Holding Trust)
Eligibility Requirements. The Trustee hereunder shall at all times: (i) be a bank or trust company organized and doing business under the laws of the United States of America or any state thereof, authorized under such laws to exercise corporate trust powers and subject to supervision or examination by federal or state authority, (ii) have a combined capital and surplus of at least $100,000,000, (iii) maintain any credit or deposit rating required by nationally recognized rating organizations (as of the date hereof "A-1" for Standard & Poor's Rating Service or "P-1" for Xxxxx'x Moody's Investors Service, Inc.) and (iv) accept and act in the capacity cxxxxxxx of both the Trustee hereunder and as trustee of the UpDown-MACRO Tradeable Trust, the DownUp-MACRO Holding Trust and the UpDown-MACRO Holding Trust. If such bank publishes 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 13.7, the combined capital and surplus of such bank or trust company 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 Trustee ceases to be eligible in accordance with the provisions of this Section 13.7, the Trustee shall resign immediately in the manner and with the effect specified in Section 13.8.
Appears in 1 contract
Samples: Claymore Macroshares Oil Up Tradeable Trust Agreement (MACRO Securities Depositor, LLC)
Eligibility Requirements. The Trustee hereunder shall at all times: (i) be a bank or trust company organized and doing business under the laws of the United States of America or any state thereof, authorized under such laws to exercise corporate trust powers and subject to supervision or examination by federal or state authority, (ii) have a combined capital and surplus of at least $100,000,000, (iii) maintain any credit or deposit rating required by nationally recognized rating organizations (as of the date hereof "A-1" for Standard & Poor's Rating Service or "P-1" for Xxxxx'x Moody's Investors Service, Inc.) and (iv) accept and act in the capacity of both capacixx xx xoth the Trustee hereunder and as trustee of the UpDown-MACRO Tradeable Trust, the DownUp-MACRO Holding Trust and the UpDown-MACRO Holding Trust. If such bank publishes 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 13.7, the combined capital and surplus of such bank or trust company 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 Trustee ceases to be eligible in accordance with the provisions of this Section 13.7, the Trustee shall resign immediately in the manner and with the effect specified in Section 13.8.
Appears in 1 contract
Samples: Claymore Macroshares Oil Up Tradeable Trust Agreement (MACRO Securities Depositor, LLC)
Eligibility Requirements. The Trustee hereunder shall at all times: (i) be a bank or trust company organized and doing business under the laws of the United States of America or any state thereof, authorized under such laws to exercise corporate trust powers and subject to supervision or examination by federal or state authority, (ii) have a combined capital and surplus of at least $100,000,000, (iii) maintain any credit or deposit rating required by nationally recognized rating organizations (as of the date hereof "A-1" for Standard & Poor's Rating Service or "P-1" for Xxxxx'x Moody's Investors Service, Inc.) and (iv) accept and act in the capacity of capaxxxx xx both the Trustee hereunder and as trustee of the Up-MACRO Tradeable Trust, the Down-MACRO Holding Trust and the Up-MACRO Holding Trust. If such bank publishes 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 13.7, the combined capital and surplus of such bank or trust company 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 Trustee ceases to be eligible in accordance with the provisions of this Section 13.7, the Trustee shall resign immediately in the manner and with the effect specified in Section 13.8.
Appears in 1 contract
Samples: Claymore Macroshares Oil Down Tradeable Trust Agreement (MACROshares Oil Down Holding Trust)
Eligibility Requirements. The Trustee hereunder shall at all times: (i) be a bank or trust company organized and doing business under the laws of the United States of America or any state thereof, authorized under such laws to exercise corporate trust powers and subject to supervision or examination by federal or state authority, (ii) have a combined capital and surplus of at least $100,000,000, (iii) maintain any credit or deposit rating required by nationally recognized rating organizations (as of the date hereof "A-1" for Standard & Poor's Rating Service or "P-1" for Xxxxx'x Moody's Investors Service, Inc.) and (iv) accept and act in the capacity caxxxxxx of both the Trustee hereunder and as trustee of the Down-MACRO Holding Trust, the Up-MACRO Tradeable Trust, Trust and the Down-MACRO Holding Trust and the Up-MACRO Holding Tradeable Trust. If such bank publishes 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 13.7, the combined capital and surplus of such bank or trust company 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 Trustee ceases to be eligible in accordance with the provisions of this Section 13.7, the Trustee shall resign immediately in the manner and with the effect specified in Section 13.8.
Appears in 1 contract
Samples: Claymore Macroshares Oil Up Holding Trust Agreement (MACRO Securities Depositor, LLC)
Eligibility Requirements. The Trustee hereunder shall at all times: (i) be a bank or trust company organized and doing business under the laws of the United States of America or any state thereof, authorized under such laws to exercise corporate trust powers and subject to supervision or examination by federal or state authority, (ii) have a combined capital and surplus of at least $100,000,000, (iii) maintain any credit or deposit rating required by nationally recognized rating organizations (as of the date hereof "A-1" for Standard & Poor's Rating Service or "P-1" for Xxxxx'x Moody's Investors Service, Inc.) and (iv) accept and act in the capacity of capacxxx xx both the Trustee hereunder and as trustee of the Down-MACRO Holding Trust, the Up-MACRO Tradeable Trust, Trust and the Down-MACRO Holding Trust and the Up-MACRO Holding Tradeable Trust. If such bank publishes 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 13.7, the combined capital and surplus of such bank or trust company 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 Trustee ceases to be eligible in accordance with the provisions of this Section 13.7, the Trustee shall resign immediately in the manner and with the effect specified in Section 13.8.
Appears in 1 contract
Samples: Claymore Macroshares Oil Up Holding Trust Agreement (MACRO Securities Depositor, LLC)
Eligibility Requirements. The Trustee hereunder shall at all times: (i) be a bank or trust company organized and doing business under the laws of the United States of America or any state thereof, authorized under such laws to exercise corporate trust powers and subject to supervision or examination by federal or state authority, (ii) have a combined capital and surplus of at least $100,000,000, (iii) maintain any credit or deposit rating required by nationally recognized rating organizations (as of the date hereof "A-1" for Standard & Poor's Rating Service or "P-1" for Xxxxx'x Moody's Investors Service, Inc.) and (iv) accept and act in the capacity cxxxxxxx of both the Trustee hereunder and as trustee of the Down-MACRO Holding Trust, the Up-MACRO Tradeable Trust, Trust and the Down-MACRO Holding Trust and the Up-MACRO Holding Tradeable Trust. If such bank publishes 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 13.7, the combined capital and surplus of such bank or trust company 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 Trustee ceases to be eligible in accordance with the provisions of this Section 13.7, the Trustee shall resign immediately in the manner and with the effect specified in Section 13.8.
Appears in 1 contract
Eligibility Requirements. The Trustee hereunder shall at all times: (i) be a bank or trust company organized and doing business under the laws of the United States of America or any state thereof, authorized under such laws to exercise corporate trust powers and subject to supervision or examination by federal or state authority, (ii) have a combined capital and surplus of at least $100,000,000, (iii) maintain any credit or deposit rating required by nationally recognized rating organizations (as of the date hereof "A-1" for Standard & Poor's Rating Service or "P-1" for Xxxxx'x Moody's Investors Service, Inc.) and (iv) accept and act in the capacity caxxxxxx of both the Trustee hereunder and as trustee of the Up-MACRO Tradeable Trust, the Down-MACRO Holding Trust and the Up-MACRO Holding Trust. If such bank publishes 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 13.7, the combined capital and surplus of such bank or trust company 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 Trustee ceases to be eligible in accordance with the provisions of this Section 13.7, the Trustee shall resign immediately in the manner and with the effect specified in Section 13.8.
Appears in 1 contract
Samples: Claymore Macroshares Oil Down Tradeable Trust Agreement (MACRO Securities Depositor, LLC)