Common use of Trustee; Eligibility Clause in Contracts

Trustee; Eligibility. There shall at all times be a Trustee hereunder which shall be eligible to act as trustee under TIA Section 310(a) and which shall have a combined capital and surplus of at least $50,000,000, to the extent there is an institution eligible and willing to serve. If the Trustee does not have a Corporate Trust Office in The City of New York, the Trustee may appoint an agent in The City of New York reasonably acceptable to the Company to conduct any activities which the Trustee may be required under this Indenture to conduct in The City of New York. If such Trustee publishes reports of condition at least annually, pursuant to law or to the requirements of federal, state, territorial or District of Columbia supervising or examining authority, then for the purposes of this Section 8.09, 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. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this Section 8.09, the Trustee shall resign immediately in the manner and with the effect hereinafter specified in this Article 8.

Appears in 16 contracts

Samples: Indenture (Jakks Pacific Inc), Indenture (Service Corporation International), Indenture (Service Corporation International)

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Trustee; Eligibility. There shall at all times be a Trustee hereunder which shall be eligible to act as trustee under TIA Section 310(a) and which shall have a combined capital and surplus of at least $50,000,000100,000,000, to the extent there is an institution eligible and willing to serve. If the Trustee does not have a Corporate Trust Office in The City of New York, the Trustee may appoint an agent in The City of New York reasonably acceptable to the Company to conduct any activities which the Trustee may be required under this Indenture to conduct in The City of New York. If such Trustee publishes reports of condition at least annually, pursuant to law or to the requirements of federal, state, territorial or District of Columbia supervising or examining authority, then for the purposes of this Section 8.09, 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. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this Section 8.09, the Trustee shall resign immediately in the manner and with the effect hereinafter specified in this Article 8.

Appears in 11 contracts

Samples: Indenture (General Cable Corp /De/), Indenture (General Cable Corp /De/), Indenture (General Cable Corp /De/)

Trustee; Eligibility. There shall at all times be a Trustee hereunder which shall be eligible to act as trustee under TIA Trust Indenture Act Section 310(a) and which shall have a combined capital and surplus of at least $50,000,000100,000,000, to the extent there is an institution eligible and willing to serve. If the Trustee does not have a Corporate Trust Office in The City of New York, the Trustee may appoint an agent in The City of New York reasonably acceptable to the Company to conduct any activities which the Trustee may be required under this Indenture to conduct in The City of New York. If such Trustee publishes reports of condition at least annually, pursuant to law or to the requirements of federal, state, territorial or District of Columbia supervising or examining authority, then for the purposes of this Section 8.09609, 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. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this Section 8.09609, the Trustee shall resign immediately in the manner and with the effect hereinafter specified in this Article 8Article.

Appears in 10 contracts

Samples: Indenture (Penske Automotive Group, Inc.), Indenture (United Auto Group Inc), Indenture (Republic Services Inc)

Trustee; Eligibility. There shall at all times be a Trustee hereunder which shall be eligible to act as trustee under TIA Trust Indenture Act Section 310(a310(a)(1) and which shall have a combined capital and surplus of at least $50,000,000100,000,000 or is a member of a bank holding company with a combined capital and surplus of at least $100,000,000, to the extent there is an institution eligible and willing to serve. If the Trustee does not have a Corporate Trust Office in The City of New York, the Trustee may appoint an agent in The City of New York reasonably acceptable to the Company to conduct any activities which the Trustee may be required under this Indenture to conduct in The City of New York. If such Trustee publishes reports of condition at least annually, pursuant to law or to the requirements of federal, state, territorial or District of Columbia supervising or examining authority, then for the purposes of this Section 8.096.9, 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. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this Section 8.096.9, the Trustee shall resign immediately in the manner and with the effect hereinafter specified in this Article 8Article.

Appears in 8 contracts

Samples: Indenture (Bally Total Fitness Holding Corp), Indenture (Bally Total Fitness Holding Corp), Indenture (Bally Total Fitness Holding Corp)

Trustee; Eligibility. There shall at all times be a Trustee hereunder which shall be eligible to act as trustee under TIA Trust Indenture Act Section 310(a310(a)(5) and which shall have a combined capital and surplus of at least $50,000,000100,000,000, to the extent there is an institution eligible and willing to serve. If the Trustee does not have a Corporate Trust Office an office in The City of New York, the Trustee may appoint an agent in The City of New York reasonably acceptable to the Company to conduct any activities which the Trustee may be required under this Indenture to conduct in The City of New York. If such Trustee publishes reports of condition at least annually, pursuant to law or to the requirements of federal, state, territorial or District of Columbia supervising or examining authority, then for the purposes of this Section 8.09609, 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. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this Section 8.09609, the Trustee shall resign immediately in the manner and with the effect hereinafter specified in this Article 8Article.

Appears in 4 contracts

Samples: Indenture (Titan Wheel International Inc), Indenture (Mallard & Mallard of La Inc), Exhibit (Tri R of Orlando Inc)

Trustee; Eligibility. There shall at all times be a Trustee hereunder which shall be eligible to act as trustee under TIA Section 310(a) and which shall have a combined capital and surplus of at least $50,000,000, to the extent there is an institution eligible and willing to serve. If the Trustee does not have a Corporate Trust Office in The City of New York, the Trustee may appoint an agent in The City of New York reasonably acceptable to the Company to conduct any activities which the Trustee may be required under this Indenture to conduct in The City of New York. If such Trustee publishes reports of condition at least annually, pursuant to law or to the requirements of federal, state, territorial or District of Columbia supervising or examining authority, then for the purposes of this Section 8.099.09, the combined capital and surplus of such corporation or entity 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 shall cease to be eligible in accordance with the provisions of this Section 8.099.09, the Trustee shall resign immediately in the manner and with the effect hereinafter specified in this Article 89.

Appears in 4 contracts

Samples: Indenture (Emergent Capital, Inc.), Indenture (Emergent Capital, Inc.), Indenture (Emergent Capital, Inc.)

Trustee; Eligibility. There shall at all times be a Trustee hereunder which shall be eligible to act as trustee under TIA Trust Indenture Act Section 310(a) and which shall have a combined capital and surplus of at least $50,000,000, to the extent there is an institution eligible and willing to serve. If the Trustee does not have a Corporate Trust Office in The City of New York, the Trustee may appoint an agent in The City of New York reasonably acceptable to the Company to conduct any activities which the Trustee may be required under this Indenture to conduct in The City of New York. If such Trustee publishes reports of condition at least annually, pursuant to law or to the requirements of federal, state, territorial or District of Columbia supervising or examining authority, then for the purposes of this Section 8.09609, 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. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this Section 8.09609, the Trustee shall resign immediately in the manner and with the effect hereinafter specified in this Article 8Article.

Appears in 3 contracts

Samples: Indenture (Republic Services Inc), Indenture (Ingles Markets Inc), Indenture (Republic Services Inc)

Trustee; Eligibility. There shall at all times be a Trustee hereunder which shall be eligible to act as trustee under TIA Trust Indenture Act Section 310(a) and which shall have a combined capital and surplus of at least $50,000,000250,000,000, to the extent there is an institution eligible and willing to serve. If the Trustee does not have a Corporate Trust Office in The City of New York, the Trustee may appoint an agent in The City of New York reasonably acceptable to the Company to conduct any activities which the Trustee may be required under this Indenture to conduct in The City of New York. If such Trustee publishes reports of condition at least annually, pursuant to law or to the requirements of federal, state, territorial or District of Columbia supervising or examining authority, then for the purposes of this Section 8.09609, 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. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this Section 8.09609, the Trustee shall resign immediately in the manner and with the effect hereinafter specified in this Article 8Article.

Appears in 3 contracts

Samples: Indenture (Jo-Ann Stores Inc), Indenture (Fca of Ohio Inc), Indenture (Wells Aluminum Corp)

Trustee; Eligibility. There shall at all times be a Trustee hereunder which shall be eligible to act as trustee under TIA Trust Indenture Act Section 310(a310(a)(5) and which shall have a combined capital and surplus of at least $50,000,000100,000,000, to the extent there is an institution eligible and willing to serve. If the Trustee does not have a Corporate Trust Office in The City of New York, the Trustee may appoint an agent in The City of New York reasonably acceptable to the Company to conduct any activities which the Trustee may be required under this Indenture to conduct in The City of New York. If such Trustee publishes reports of condition at least annually, pursuant to law or to the requirements of federal, state, territorial or District of Columbia supervising or examining authority, then for the purposes of this Section 8.096.9, 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. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this Section 8.096.9, the Trustee shall resign immediately in the manner and with the effect hereinafter specified in this Article 8Article.

Appears in 2 contracts

Samples: Indenture (Di Giorgio Corp), Indenture (Di Giorgio Corp)

Trustee; Eligibility. There shall at all times be a Trustee hereunder which shall be eligible to act as trustee under TIA Trust Indenture Act Section 310(a) and which shall have a combined capital and surplus of at least $50,000,000250,000,000, to the extent there is an institution eligible and willing to serve. If the Trustee does not have a Corporate Trust Office in The City of New York, the Trustee may appoint an agent in The City of New York reasonably acceptable to the Company to conduct any activities which the Trustee may be required under this Indenture to conduct in The City of New York. If such Trustee publishes reports of condition at least annually, pursuant to law or to the requirements of federal, state, territorial or District of Columbia supervising or examining authority, then for the purposes of this Section 8.096.09, 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. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this Section 8.096.09, the Trustee shall resign immediately in the manner and with the effect hereinafter specified in this Article 8Article.

Appears in 2 contracts

Samples: Indenture (Park Place Entertainment Corp), Indenture (Park Place Entertainment Corp)

Trustee; Eligibility. There shall at all times be a Trustee hereunder which shall be eligible to act as trustee under TIA Trust Indenture Act Section 310(a) and which shall have a combined capital and surplus of at least $50,000,00010,000,000, to the extent there is an institution eligible and willing to serve. If the Trustee does not have a Corporate Trust Office in The City of New York, the Trustee may appoint an agent in The City of New York reasonably acceptable to the Company to conduct any activities which the Trustee may be required under this Indenture to conduct in The City of New York. If such Trustee publishes reports of condition at least annually, pursuant to law or to the requirements of federal, state, territorial or District of Columbia supervising or examining authority, then for the purposes of this Section 8.09609, 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. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this Section 8.09609, the Trustee shall resign immediately in the manner and with the effect hereinafter specified in this Article 8Article.

Appears in 2 contracts

Samples: Indenture (Concentric Network Corp), Indenture (Concentric Network Corp)

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Trustee; Eligibility. There shall at all times be a Trustee hereunder which shall be eligible to act as trustee under TIA Trust Indenture Act Section 310(a) and which shall have a combined capital and surplus of at least $50,000,000, to the extent there is an institution eligible and willing to serve. If the Trustee does not have a Corporate Trust Office in The City of New York, the Trustee may appoint an agent in The City of New York reasonably acceptable to the Company to conduct any activities which the Trustee may be required under this Indenture to conduct in The City of New York. If such Trustee publishes reports of condition at least annually, pursuant to law or to the requirements of federal, state, territorial or District of Columbia supervising or examining authority, then for the purposes of this Section 8.096.09, 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. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this Section 8.096.09, the Trustee shall resign immediately in the manner and with the effect hereinafter specified in this Article 8Six.

Appears in 2 contracts

Samples: Indenture (Spartan Stores Inc), Indenture (Blyth Inc)

Trustee; Eligibility. There shall at all times be a Trustee hereunder which shall be eligible to act as trustee under TIA Trust Indenture Act Section 310(a) and which shall have a combined capital and surplus of at least $50,000,000100,000,000, to the extent there is an institution eligible and willing to serve. If the Trustee does not have a Corporate Trust Office in The City of New York, the Trustee may appoint an agent in The City of New York reasonably acceptable to the Company Issuers to conduct any activities which the Trustee may be required under this Indenture to conduct in The City of New York. If such Trustee publishes reports of condition at least annually, pursuant to law or to the requirements of federal, state, territorial or District of Columbia supervising or examining authority, then for the purposes of this Section 8.09609, 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. If at any time the Trustee shall cease to be eligible in accordance -92- 106 with the provisions of this Section 8.09609, the Trustee shall resign immediately in the manner and with the effect hereinafter specified in this Article 8Article.

Appears in 1 contract

Samples: Indenture (Lower Road Associates LLC)

Trustee; Eligibility. There shall at all times be a Trustee hereunder which shall be eligible to act as trustee under TIA Trust Indenture Act Section 310(a) (5) and which shall have a combined capital and surplus of at least $50,000,000100,000,000, to the extent there is an institution eligible and willing to serve. If the Trustee does not have a Corporate Trust Office in The City of New York, the Trustee may appoint an agent in The City of New York reasonably acceptable to the Company to conduct any activities which the Trustee may be required under this Indenture to conduct in The City of New York. If such Trustee publishes reports of condition at least annually, pursuant to law or to the requirements of federal, state, territorial or District of Columbia supervising or examining authority, then for the purposes of this Section 8.09609, 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. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this Section 8.09609, the Trustee shall resign immediately in the manner and with the effect hereinafter specified in this Article 8Article.

Appears in 1 contract

Samples: Indenture (Packard Bioscience Co)

Trustee; Eligibility. There shall at all times be a Trustee hereunder which shall be eligible to act as trustee under TIA Trust Indenture Act Section 310(a) and which shall have a combined capital and surplus of at least $50,000,000, to the extent there is an institution eligible and willing to serve. If the Trustee does not have a Corporate Trust Office in The City of New York, the Trustee may appoint an agent in The City of New York reasonably acceptable to the Company to conduct any activities which the Trustee may be required under this Indenture to conduct in The City of New York. If such Trustee publishes reports of condition at least annually, pursuant to law or to the requirements of federal, state, territorial or District of Columbia supervising or examining authority, then for the purposes of this Section 8.096.09, 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. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this Section 8.096.09, the Trustee shall resign immediately in the manner and with the effect hereinafter specified in this Article 8Six.

Appears in 1 contract

Samples: Indenture (Power Solutions International, Inc.)

Trustee; Eligibility. There shall at all times be a Trustee hereunder which shall be eligible to act as trustee under TIA Section 310(a) and which shall have a combined capital and surplus of at least $50,000,000, to the extent there is an institution eligible and willing to serve. If the Trustee does not have a Corporate Trust Office in The City of New York, the Trustee may appoint an agent in The City of New York reasonably acceptable to the Company to conduct any activities which the Trustee may be required under this Indenture to conduct in The City of New York. If such Trustee publishes reports of condition at least annually, pursuant to law or to the requirements of federal, state, territorial or District of Columbia supervising or examining authority, then for the purposes of this Section 8.09, the combined capital and surplus of such corporation cor- poration 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 shall cease to be eligible in accordance with the provisions of this Section 8.09, the Trustee shall resign immediately in the manner and with the effect hereinafter specified in this Article 8.

Appears in 1 contract

Samples: Indenture (Mylan Inc.)

Trustee; Eligibility. There shall at all times be a Trustee hereunder which shall be eligible to act as trustee under TIA Trust Indenture Act Section 310(a) and which shall have a combined capital and surplus of at least $50,000,000250,000,000, to the extent there is an institution eligible and willing to serve. If the Trustee does not have a Corporate Trust Office an office in The City of New York, the Trustee may appoint an agent in The City of New York reasonably acceptable to the Company to conduct any activities which the Trustee may be required under this Indenture to conduct in The City of New York. If such Trustee publishes reports of condition at least annually, pursuant to law or to the requirements of federal, state, territorial or District of Columbia supervising or examining authority, then for the purposes of this Section 8.09609, 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. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this Section 8.09, the Trustee shall resign immediately in the manner and with the effect hereinafter specified in this Article 8.accordance

Appears in 1 contract

Samples: Indenture (Zale Delaware Inc)

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