Common use of Eligibility Clause in Contracts

Eligibility. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section 310(a)(1). The Trustee shall have a combined capital and surplus of at least $25,000,000 as set forth in its most recent published annual report of condition.

Appears in 29 contracts

Samples: Indenture (Comple Tel LLC), Senior Notes Indenture (Impsat Corp), Indenture (GST Telecommunications Inc)

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Eligibility. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section 310(a)(1). The Trustee shall have a combined capital and surplus of at least $25,000,000 25 million as set forth in its most recent published annual report of condition.

Appears in 15 contracts

Samples: Indenture (Silgan Holdings Inc), Senior Guaranteed Convertible Notes Indenture (Impsat Fiber Networks Inc), Senior Guaranteed Convertible Notes Indenture (Impsat Fiber Networks Inc)

Eligibility. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section 310(a)(1). The Trustee shall have a combined capital and surplus of at least $25,000,000 50 million as set forth in its most recent published annual report of conditioncondition that is subject to the requirements of applicable federal or state supervising or examining authority. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this Section, the Trustee shall resign immediately in the manner and with the effect specified in this Article.

Appears in 14 contracts

Samples: Indenture (Tw Telecom Inc.), Indenture (Tw Telecom Inc.), Indenture (Earthlink Inc)

Eligibility. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section 310(a)(1). The Trustee (or the bank holding company to which the Trustee is a member) shall have a combined capital and surplus of at least $25,000,000 25 million as set forth in its most recent published annual report of condition.

Appears in 14 contracts

Samples: Indenture (Transwitch Corp /De), Indenture (Transwitch Corp /De), Indenture (Transwitch Corp /De)

Eligibility. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section 310(a)(1). The Trustee shall have a combined capital and surplus of at least $25,000,000 25 million as set forth in its most recent published annual report of conditioncondition that is subject to the requirements of applicable federal or state supervising or examining authority. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this Section 7.10, the Trustee shall resign immediately in the manner and with the effect specified in this Article.

Appears in 11 contracts

Samples: Indenture (Sothebys), Indenture (Sothebys), Indenture (SPX Corp)

Eligibility. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section 310(a)(1). The Trustee shall have a combined capital and surplus of at least $25,000,000 25 million as set forth in its most recent published annual report of conditioncondition that is subject to the requirements of applicable Federal or state supervising or examining authority. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this Section, the Trustee shall resign immediately in the manner and with the effect specified in this Article.

Appears in 11 contracts

Samples: Indenture (Ipc Information Systems Inc), Indenture (Servico Market Center Inc), Indenture (Us Xchange LLC)

Eligibility. This The Indenture shall must always have a Trustee who that satisfies the requirements of TIA Section 310(a)(1). The Trustee shall have 310(b) and has a combined capital and surplus of at least $25,000,000 as set forth in its most recent published annual report of condition.

Appears in 9 contracts

Samples: Senior Indenture (NXP Semiconductors N.V.), Senior Indenture (NXP Semiconductors N.V.), Senior Indenture (NXP Semiconductors N.V.)

Eligibility. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section 310(a)(1). The Trustee (together with its parent) shall have a combined capital and surplus of at least $25,000,000 U.S.$25.0 million as set forth in its most recent published annual report of condition.

Appears in 9 contracts

Samples: Indenture (Kansas City Southern De Mexico, S.A. De C.V.), Indenture (Kansas City Southern De Mexico, S.A. De C.V.), Indenture (Kansas City Southern)

Eligibility. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section Sections 310(a)(1) and 310(a)(5). The Trustee shall have a combined capital and surplus of at least $25,000,000 50,000,000 as set forth in its most recent published annual report of condition.

Appears in 9 contracts

Samples: Senior Euro Notes Indenture (Viatel Inc), Subordinated Debenture Indenture (Viatel Inc), Senior Dollar Notes Indenture (Viatel Inc)

Eligibility. This Indenture shall always have a Trustee who that satisfies the requirements of TIA Section 310(a)(1) and (5). The Trustee shall have a combined capital and surplus of at least $25,000,000 100,000,000 as set forth in its most recent published annual report of condition. The Trustee shall be subject to TIA Section 310(b), subject to the penultimate paragraph thereof.

Appears in 9 contracts

Samples: Senior Notes Indenture (Loral Cyberstar Inc), Senior Notes Indenture (Loral Space & Communications LTD), Senior Notes Indenture (Loral Cyberstar Inc)

Eligibility. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section 310(a)(1). The Trustee shall have a combined capital and surplus of at least $25,000,000 50.0 million as set forth in its most recent published annual report of condition.

Appears in 7 contracts

Samples: Indenture (Manitowoc Co Inc), Indenture (Manitowoc Foodservice, Inc.), Indenture (Manitowoc Co Inc)

Eligibility. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section 310(a)(1). The Trustee shall have a combined capital and surplus of at least $25,000,000 25 million as set forth in its most recent published annual report of conditioncondition that is subject to the requirements of applicable federal or state supervising or examining authority. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this Section, the Trustee shall resign immediately in the manner and with the effect specified in this Article.

Appears in 6 contracts

Samples: Indenture (Smurfit-Stone Container Enterprises Inc), Indenture (Jsce Inc), Indenture (Time Warner Telecom LLC)

Eligibility. This Indenture shall must always have a Trustee who that satisfies the requirements of TIA Section 310(a)(1). The Trustee shall have 310(a) and has a combined capital and surplus of at least $25,000,000 as set forth in its most recent published annual report of condition.

Appears in 6 contracts

Samples: Indenture (E Trade Financial Corp), Indenture (E Trade Financial Corp), Senior Indenture (E TRADE FINANCIAL Corp)

Eligibility. This The Indenture shall must always have a Trustee who that satisfies the requirements of TIA Section 310(a)(1). The Trustee shall have 310(a) and has a combined capital and surplus of at least $25,000,000 as set forth in its most recent published annual report of condition.

Appears in 6 contracts

Samples: Indenture (E Trade Financial Corp), Indenture (E Trade Financial Corp), Senior Unsecured Indenture (NXP Manufacturing (Thailand) Co., Ltd.)

Eligibility. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section 310(a)(1). The Trustee shall have a combined capital and surplus of at least $25,000,000 as set forth in its most recent published filed annual report of condition.

Appears in 5 contracts

Samples: Indenture (FelCor Lodging Trust Inc), Indenture (FelCor Lodging LP), Indenture (FelCor Lodging Trust Inc)

Eligibility. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section 310(a)(1). The Trustee shall have a combined capital and surplus of at least $25,000,000 25 million as set forth in its most recent published annual report of conditioncondition that is subject to supervision or examination by federal or state authority. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this Section 7.10, the Trustee shall resign immediately in the manner and with the effect specified in this Article.

Appears in 5 contracts

Samples: Indenture (Advanced Lighting Technologies Inc), Indenture (Advanced Lighting Technologies Inc), Reorganization Plan, Lock Up and Voting Agreement (Advanced Lighting Technologies Inc)

Eligibility. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section 310(a)(1310(a). The Trustee shall have a combined capital and surplus of at least $25,000,000 25 million as set forth in its most recent published annual report of conditioncondition that is subject to the requirements of applicable federal or state supervising or examining authority. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this Section 7.10, the Trustee shall resign immediately in the manner and with the effect specified in this Article.

Appears in 4 contracts

Samples: Guaranty Agreement (Steel Dynamics Inc), Indenture (Steel Dynamics Inc), Indenture (Steel Dynamics Inc)

Eligibility. This Indenture shall always have a Trustee who ----------- satisfies the requirements of TIA Section 310(a)(1). The Trustee shall have a combined capital and surplus of at least $25,000,000 25 million as set forth in its most recent published annual report of conditioncondition that is subject to the requirements of applicable Federal or state supervising or examining authority. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this Section, the Trustee shall resign immediately in the manner and with the effect specified in this Article.

Appears in 3 contracts

Samples: Indenture (Marvel Enterprises Inc), Indenture (Urs Corp /New/), Indenture (Ipc Information Systems Inc)

Eligibility. This Indenture shall always have a Trustee who ----------- satisfies the requirements of TIA Section 310(a)(1). The Trustee shall have a combined capital and surplus of at least $25,000,000 25 million as set forth in its most recent published annual report of condition.

Appears in 3 contracts

Samples: Indenture (Itc Deltacom Inc), Indenture (Silgan Holdings Inc), Indenture (Itc Deltacom Inc)

Eligibility. This Indenture shall must always have a Trustee who that satisfies the requirements of TIA Section 310(a)(1). The Trustee shall have 310(a) and has a combined capital and surplus of at least $25,000,000 100,000,000 as set forth in its most recent published annual report of condition.

Appears in 3 contracts

Samples: Indenture (Foster Wheeler LTD), Indenture (Foster Wheeler Inc), Indenture (Foster Wheeler Inc)

Eligibility. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section §§ 310(a)(1), (2) and (5). The Trustee (together with its parent) shall have a combined capital and surplus of at least $25,000,000 25.0 million as set forth in its most recent published annual report of condition.

Appears in 3 contracts

Samples: Indenture (Kansas City Southern), Indenture (Kansas City Southern), Indenture (KCS Holdings I, Inc.)

Eligibility. This Indenture shall always have a Trustee ----------- who satisfies the requirements of TIA Section 310(a)(1). The Trustee shall have a combined capital and surplus of at least $25,000,000 25 million as set forth in its most recent published annual report of condition.

Appears in 2 contracts

Samples: Indenture (TVN Entertainment Corp), Indenture (Diva Systems Corp)

Eligibility. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section Sections 310(a)(1) and 310(a)(5). The Trustee shall have a combined capital and surplus of at least $25,000,000 100,000,000 as set forth in its most recent published annual report of condition.

Appears in 2 contracts

Samples: Indenture (KMC Telecom Holdings Inc), Indenture (KMC Telecom Holdings Inc)

Eligibility. This Indenture shall always have a ----------- Trustee who satisfies the requirements of TIA Section 310(a)(1). The Trustee shall have a combined capital and surplus of at least $25,000,000 as set forth in its most recent published annual report of condition.

Appears in 2 contracts

Samples: Indenture (Comple Tel Europe Nv), Indenture (Icg Communications Inc)

Eligibility. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section 310(a)(1). The Trustee (together with its parent) shall have a combined capital and surplus of at least $25,000,000 U.S.$25 million as set forth in its most recent published annual report of condition.

Appears in 2 contracts

Samples: Indenture (Kansas City Southern), Indenture (TFM Sa De Cv)

Eligibility. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section 310(a)(1). The Trustee (together with its parent) shall have a combined capital and surplus of at least $25,000,000 25.0 million as set forth in its most recent published annual report of condition.

Appears in 2 contracts

Samples: Indenture (Kansas City Southern), Indenture (Kansas City Southern)

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Eligibility. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section 310(a)(1), (2) and (5). The Trustee shall have a combined capital and surplus of at least $25,000,000 U.S.$100,000,000 as set forth in its most recent published annual report of condition.

Appears in 1 contract

Samples: Indenture (Innova S De Rl)

Eligibility. This Indenture shall ----------- always have a Trustee who satisfies the requirements of TIA Section Sections 310(a)(1) and 310(a)(5). The Trustee shall have a combined capital and surplus of at least $25,000,000 as set forth in its most recent published annual report of condition.

Appears in 1 contract

Samples: Indenture (Icg Services Inc)

Eligibility. This Indenture shall always have a ----------- Trustee who satisfies the requirements of TIA Section 310(a)(1). The Trustee shall have a combined capital and surplus of at least $25,000,000 25 million as set forth in its most recent published annual report of condition.

Appears in 1 contract

Samples: Indenture (Silgan Holdings Inc)

Eligibility. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section 310(a)(1). The Trustee shall have a combined capital and surplus of at least $25,000,000 25.0 million as set forth in its most recent published annual report of condition.

Appears in 1 contract

Samples: Indenture (Knology Inc)

Eligibility. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section 310(a)(1310(a)(l). The Trustee shall have a combined capital and surplus of at least $25,000,000 25 million as set forth in its most recent published annual report of condition.

Appears in 1 contract

Samples: Senior Notes Indenture (Kansas City Southern)

Eligibility. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section 310(a)(1). The Trustee shall have a combined capital and surplus of at least $25,000,000 25 million as set forth in its most recent published annual report of condition.condition that is subject to the requirements of applicable Federal or state supervising or examining authority. If

Appears in 1 contract

Samples: Indenture (Regal Cinemas Inc)

Eligibility. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section Sections 310(a)(1) and 310(a)(5). The Trustee shall have have, or if such Trustee is a member of a bank holding company system, its bank holding company shall have, a combined capital and surplus of at least $25,000,000 50,000,000 as set forth in its most recent published annual report of condition.

Appears in 1 contract

Samples: Senior Notes Indenture (Colo Com)

Eligibility. This Indenture shall always have a ----------- Trustee who satisfies the requirements of TIA Section 310(a)(1). The Trustee shall have a combined capital and surplus of at least $25,000,000 50.0 million as set forth in its most recent published annual report of condition.

Appears in 1 contract

Samples: Indenture (Manitowoc Co Inc)

Eligibility. This Indenture shall must always have a Trustee who that satisfies the requirements of Section 310 (a) of the TIA Section 310(a)(1). The Trustee shall have a combined capital and surplus of at least $25,000,000 as set forth in its most recent published annual report of condition.

Appears in 1 contract

Samples: Indenture (WEX Inc.)

Eligibility. This Indenture shall always have a Trustee who that satisfies the requirements of TIA Section 310(a)(1) and (5). The Trustee shall have a combined capital and surplus of at least $25,000,000 50,000,000 as set forth in its most recent published annual report of condition. The Trustee shall be subject to TIA Section 310(b), subject to the penultimate paragraph thereof.

Appears in 1 contract

Samples: Senior Notes Indenture (Earthwatch Inc)

Eligibility. This Indenture shall always have a Trustee who with respect to such Series of Securities which satisfies the requirements of TIA Section 310(a)(1). The Trustee shall always have a combined capital and surplus of at least $25,000,000 100,000,000, as set forth in its most recent published annual report of condition.

Appears in 1 contract

Samples: Indenture (Bellsouth Corp)

Eligibility. This Indenture shall always have ----------- a Trustee who satisfies the requirements of TIA Section Sections 310(a)(1) and 310(a)(5). The Trustee shall have a combined capital and surplus of at least $25,000,000 as set forth in its most recent published annual report of condition.

Appears in 1 contract

Samples: Indenture (Icg Services Inc)

Eligibility. This Indenture shall always have a Trustee who ----------- that satisfies the requirements of TIA Section 310(a)(1) and (5). The Trustee shall have a combined capital and surplus of at least $25,000,000 50,000.000 as set forth in its most recent published annual report of condition. The Trustee shall be subject to TIA Section 310(b), subject to the penultimate paragraph thereof.

Appears in 1 contract

Samples: Indenture (Earthwatch Inc)

Eligibility. This Indenture shall always have a Trustee who satisfies the requirements of TIA Section 310(a)(1). The Trustee shall have a combined capital and surplus of at least $25,000,000 25 million as set forth in its most recent published annual report of condition.condition that is subject to the requirements of applicable federal or state supervising or

Appears in 1 contract

Samples: Indenture (Stone Container Corp)

Eligibility. This Indenture shall always have a ----------- Trustee who satisfies the requirements of TIA Section 310(a)(1310(a) (1). The Trustee (or, in the case of a subsidiary of a bank holding company, its parent) shall have a combined capital and surplus of at least $25,000,000 as set forth in its most recent published annual report of condition.

Appears in 1 contract

Samples: Indenture (Loudcloud Inc)

Eligibility. This Indenture shall always have a ----------- Trustee who satisfies the requirements of TIA Section 310(a)(1). The Trustee shall have a combined capital and surplus of at least $25,000,000 50,000,000 as set forth in its most recent published annual report of condition.

Appears in 1 contract

Samples: Indenture (Sola International Inc)

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