Status of Successor Collateral Agent. Every successor Collateral Agent appointed pursuant to Section 10.8 shall be a bank or trust company in good standing and having power to act as Collateral Agent hereunder, incorporated under the laws of the United States of America or any State thereof or the District of Columbia and having its principal office within the 48 contiguous States and shall also have capital, surplus and undivided profits of not less than $500,000,000, if there be such an institution with such capital, surplus and undivided profits willing, qualified and able to accept the powers and duties hereunder upon reasonable or customary terms.
Appears in 3 contracts
Samples: Guaranty and Subordination Agreement (Conseco Inc), Guaranty and Subordination Agreement (Conseco Inc), Collateral Pledge Agreement (Conseco Inc)
Status of Successor Collateral Agent. Every successor Collateral Agent appointed pursuant to Section 10.8 10.10(b) shall be a bank or trust company in good standing and having power to act as Collateral Agent hereunder, incorporated under the laws of the United States of America or any State thereof or the District of Columbia and having its principal corporate trust office within the 48 contiguous States and shall also have capital, surplus and undivided profits of not less than $500,000,000100,000,000, if there be such an institution with such capital, surplus and undivided profits willing, qualified and able to accept the powers and duties trust hereunder upon reasonable or customary terms.
Appears in 2 contracts
Samples: Note Security Agreement (Cellu Tissue Holdings, Inc.), Security Agreement (Cellu Tissue Holdings, Inc.)
Status of Successor Collateral Agent. Every successor Collateral Agent appointed pursuant to Section 10.8 20 hereof shall be a bank or trust company in good standing and having power to act as Collateral Agent hereunder, shall be incorporated under the laws of the United States of America or any State thereof or the District of Columbia and having its principal corporate office within the 48 contiguous States and shall also have capital, surplus and undivided profits of not less than $500,000,000100,000,000, if there be such an institution with such capital, surplus and undivided profits willing, qualified and able to accept the powers and duties hereunder upon reasonable or customary terms.
Appears in 2 contracts
Samples: Guaranty and Pledge Agreement (Guilford Mills Inc), Security and Pledge Agreement (Guilford Mills Inc)
Status of Successor Collateral Agent. Every successor Collateral Agent appointed pursuant to Section 10.8 5.6 shall be a bank or trust company in good standing and having power to act as Collateral Agent hereunder, incorporated under the laws of the United States of America or any State thereof or the District of Columbia and having its principal corporate trust office within the 48 contiguous States and shall also have capital, surplus and undivided profits of not less than $500,000,000, if there be such an institution with such capital, surplus and undivided profits willing, qualified and able to accept the powers and duties hereunder upon reasonable or customary terms.
Appears in 2 contracts
Samples: Collateral Trust Agreement, Collateral Trust Agreement (Advanced Micro Devices Inc)
Status of Successor Collateral Agent. Every successor Collateral Agent appointed pursuant to Section 10.8 5.6 shall be a bank or trust company in good standing and having power to act as Collateral Agent hereunder, incorporated under the laws of the United States of America or any State thereof or the District of Columbia or of Canada and having its principal office within the 48 contiguous States and shall also have capital, surplus and undivided profits of not less than $500,000,000100,000,000, if there be such an institution with such capital, surplus and undivided profits willing, qualified and able to accept the powers and duties trust hereunder upon reasonable or customary terms.
Appears in 1 contract
Samples: Collateral Agency Agreement (Williams Energy Partners L P)
Status of Successor Collateral Agent. Every successor Collateral Agent appointed pursuant to Section 10.8 9.14 shall be a bank or trust company in good standing and having power to act as Collateral Agent hereunder, incorporated under the laws of the United States of America or any State thereof or the District of Columbia and having its principal office within the 48 contiguous States and shall also have capital, surplus and undivided profits of not less than $500,000,000, if there be such an institution with such capital, surplus and undivided profits willing, qualified and able to accept the powers and duties hereunder upon reasonable or customary terms.
Appears in 1 contract
Samples: Collateral and Collateral Trust Agreement (Kerr McGee Corp /De)
Status of Successor Collateral Agent. Every successor Collateral Agent appointed pursuant to Section 10.8 23 hereof shall be a bank or trust company in good standing and having power to act as Collateral Agent hereunder, shall be incorporated under the laws of the United States of America or any State thereof or the District of Columbia and having its principal corporate office within the 48 contiguous States and shall also have capital, surplus and undivided profits of not less than $500,000,000250,000,000.00, if there be such an institution with such capital, surplus and undivided profits willing, qualified and able to accept the powers and duties hereunder upon reasonable or customary terms.
Appears in 1 contract
Samples: Collateral Agency and Intercreditor Agreement (Oneida LTD)
Status of Successor Collateral Agent. Every successor Collateral Agent appointed pursuant to Section 10.8 subsection 5.7 shall be a commercial bank or trust company in good standing and having power to act as Collateral Agent hereunder, incorporated under the laws of the United States of America or any State thereof or the District of Columbia and having its principal office within the 48 contiguous States and shall also have capital, surplus and undivided profits of not less than $500,000,000100,000,000, if there be such an institution with such capital, surplus and undivided profits willing, qualified and able to accept the powers and duties agency hereunder upon reasonable or customary terms.
Appears in 1 contract
Samples: Collateral Agency Agreement (Cogen Technologies Inc)
Status of Successor Collateral Agent. Every successor Collateral Agent appointed pursuant to Section 10.8 9.11(b) shall be a bank or trust company in good standing and having power to act as Collateral Agent hereunder, incorporated under the laws of the United States of America or any State thereof or the District of Columbia and having its principal corporate trust office within the 48 contiguous States and shall also have capital, surplus and undivided profits of not less than $500,000,000100,000,000, if there be such an institution with such capital, surplus and undivided profits willing, qualified and able to accept the powers and duties trust hereunder upon reasonable or customary terms.
Appears in 1 contract
Samples: Guarantee and Collateral Agreement (Donnelley R H Inc)