Common use of Eligibility; Disqualification Clause in Contracts

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA § 310(a)(1) and § 310(a)(5) and Section 26(a)(1) of the Investment Company Act. The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition and it shall have a long term debt rating of “Baa3” or better by Moody’s and “BBB-” or better by Standard & Poor’s. The Indenture Trustee shall comply with TIA § 310(b), including the optional provision permitted by the second sentence of TIA § 310(b)(9); provided, however, that there shall be excluded from the operation of TIA § 310(b)(1) any indenture or indentures under which other securities of the Issuer are outstanding if the requirements for such exclusion set forth in TIA § 310(b)(1) are met.

Appears in 21 contracts

Sources: Indenture (Ameren Missouri Securitization Funding I, LLC), Indenture (Ameren Missouri Securitization Funding I, LLC), Indenture (RG&E Storm Funding LLC)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA § 310(a)(1) and § 310(a)(5) and Section 26(a)(1) of the Investment Company Act310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 50,000,000.00 as set forth in its most recent published annual report of condition condition, and it the time deposits of the Indenture Trustee shall have a long term debt rating of be rated at least Baa3BBB-or better by Moody’s S&P and “BBB-” by Fitch or better “A-1” by Standard & Poor’sS&P and “F1” by Fitch. The Indenture Trustee shall comply with TIA § Section 310(b), including the optional provision permitted by the second sentence of TIA § Section 310(b)(9); provided, however, that there shall be excluded from the operation of TIA § Section 310(b)(1) any indenture or indentures under which other securities of the Issuer are outstanding if the requirements for such exclusion set forth in TIA § Section 310(b)(1) are met.

Appears in 20 contracts

Sources: Indenture (Hyundai Auto Receivables Trust 2023-A), Indenture (Hyundai Auto Receivables Trust 2023-A), Indenture (Hyundai Auto Receivables Trust 2022-C)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA § 310(a)(1) and § 310(a)(5) and Section 26(a)(1) of the Investment Company Act. The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition and it shall have a long term debt rating of “Baa3” or better by Moody’s ▇▇▇▇▇’▇ and “BBB-” or better by Standard & Poor’s. The Indenture Trustee shall comply with TIA § 310(b), including the optional provision permitted by the second sentence of TIA § 310(b)(9); provided, however, that there shall be excluded from the operation of TIA § 310(b)(1) any indenture or indentures under which other securities of the Issuer are outstanding if the requirements for such exclusion set forth in TIA § 310(b)(1) are met.

Appears in 13 contracts

Sources: Indenture (PG&E Recovery Funding LLC), Indenture (Evergy Missouri West Storm Funding I, LLC), Indenture (Evergy Missouri West Storm Funding I, LLC)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA § 310(a)(1) and § 310(a)(5) and Section 26(a)(1) of the Investment Company Act310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition and it or its parent shall have a long long-term debt rating of “Baa3” or better by Moody’s ▇▇▇▇▇’▇ and “BBB-BBB” or better by Standard & Poor’sFitch, or otherwise acceptable to the Rating Agencies. The Indenture Trustee shall comply with TIA § Section 310(b), including the optional provision permitted by the second sentence of TIA § Section 310(b)(9); provided, however, that there shall be excluded from the operation of TIA § Section 310(b)(1) any indenture or indentures under which other securities of the Issuer are outstanding if the requirements for such exclusion set forth in TIA § Section 310(b)(1) are met.

Appears in 10 contracts

Sources: Indenture (Nissan Auto Receivables 2025-a Owner Trust), Indenture (Nissan Auto Receivables 2025-a Owner Trust), Indenture (Nissan Auto Receivables 2024-B Owner Trust)

Eligibility; Disqualification. The Indenture Trustee ----------------------------- shall at all times satisfy the requirements of TIA § 310(a)(1(S) 310(a) and § 310(a)(5) and Section 26(a)(1) the requirements of the Investment Company Actan "eligible lender" under 20 USC (S)1085(d). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition and it shall have a long long-term senior unsecured debt rating of “Baa3” or better not less than investment grade by Moody’s and “BBB-” or better by Standard & Poor’seach of the Rating Agencies. The Indenture Trustee shall comply with TIA § (S) 310(b), including the optional provision permitted by the second sentence of TIA § (S) 310(b)(9); provided, however, that there shall be excluded from the -------- ------- operation of TIA § (S) 310(b)(1) any indenture or indentures under which other securities of the Issuer are outstanding if the requirements for such exclusion set forth in TIA § (S) 310(b)(1) are met.

Appears in 7 contracts

Sources: Indenture (SLM Funding Corp), Indenture (SLM Funding Corp), Indenture (SLM Funding Corp)

Eligibility; Disqualification. The Indenture Trustee shall at all times (i) satisfy the requirements of TIA § 310(a)(1Section 310(a), (ii) and § 310(a)(5) and Section 26(a)(1) of the Investment Company Act. The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 100,000,000 as set forth in its most recent recently published annual report of condition and it shall condition, (iii) have a long long-term debt rating of equivalent to Baa3A” or better by Moody’s the Rating Agencies or be otherwise acceptable to the Rating Agencies and “BBB-” (iv) not be an Affiliate of the Issuer or better by Standard & Poor’sthe Owner Trustee. The Indenture Trustee shall comply with TIA § Section 310(b), including the optional provision permitted by the second sentence of TIA § Section 310(b)(9); provided, however, that there shall be excluded from the operation of TIA § Section 310(b)(1) any indenture or indentures under which other securities of the Issuer are outstanding if the requirements for such exclusion set forth in TIA § Section 310(b)(1) are met.

Appears in 7 contracts

Sources: Indenture (Homebanc Corp), Indenture (Sasco Mortgage Loan Trust Series 2004-Gel2), Indenture (Fieldstone Mortgage Investment CORP)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA § 310(a)(1) and § 310(a)(5) and Section 26(a)(1) of the Investment Company Act310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 50,000,000.00 as set forth in its most recent published annual report of condition condition, and it the time deposits of the Indenture Trustee shall have a long term debt rating of be rated at least “BBB-” by S&P and “Baa3” or better by Moody’s or “A-1” by S&P and “BBB-Prime-1or better by Standard & PoorMoody’s. The Indenture Trustee shall comply with TIA § Section 310(b), including the optional provision permitted by the second sentence of TIA § Section 310(b)(9); provided, however, that there shall be excluded from the operation of TIA § Section 310(b)(1) any indenture or indentures under which other securities of the Issuer are outstanding if the requirements for such exclusion set forth in TIA § Section 310(b)(1) are met.

Appears in 6 contracts

Sources: Indenture (Hyundai Auto Receivables Trust 2018-B), Indenture (Hyundai Auto Receivables Trust 2018-B), Indenture (Hyundai Abs Funding LLC)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA § 310(a)(1ss. 310(a) and § 310(a)(5) and Section 26(a)(1) the requirements of the Investment Company Actan "eligible lender" under 20 USC ss.1085(d). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition and it shall have a long long-term senior unsecured debt rating of “Baa3” or better not less than investment grade by Moody’s and “BBB-” or better by Standard & Poor’seach of the Rating Agencies. The Indenture Trustee shall comply with TIA § ss. 310(b), including the optional provision permitted by the second sentence of TIA § ss. 310(b)(9); provided, however, that there shall be excluded from the operation of TIA § 310(b)(1ss. 310(b) (1) any indenture or indentures under which other securities of the Issuer are outstanding if the requirements for such exclusion set forth in TIA § ss. 310(b)(1) are met.

Appears in 5 contracts

Sources: Indenture (SLM Funding Corp), Indenture (SLM Education Credit Funding LLC), Indenture (SLM Funding Corp)

Eligibility; Disqualification. The Indenture Trustee shall at all times (i) satisfy the requirements of TIA § 310(a)(1Section 310(a), (ii) and § 310(a)(5) and Section 26(a)(1) of the Investment Company Act. The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 [100,000,000] as set forth in its most recent recently published annual report of condition and it shall condition, (iii) have a long term debt rating of “Baa3” equivalent to "A" or better by Moody’s the Rating Agencies or be otherwise acceptable to the Rating Agencies and “BBB-” (iv) not be an Affiliate of the Issuer or better by Standard & Poor’sthe Owner Trustee. The Indenture Trustee shall comply with TIA § Section 310(b), including the optional provision permitted by the second sentence of TIA § Section 310(b)(9); provided, however, that there shall be excluded from the operation of TIA § 310(b)(1Section 310(b) (1) any indenture or indentures under which other securities of the Issuer are outstanding if the requirements for such exclusion set forth in TIA § Section 310(b)(1) are met.

Appears in 5 contracts

Sources: Indenture (Indymac MBS Inc), Indenture (Cwabs Inc), Indenture (CWMBS Inc)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA § 310(a)(1) and § 310(a)(5) and Section 26(a)(1) of the Investment Company Act310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition and (unless waived by the Rating Agencies) it shall have a long term unsecured debt rating of “Baa3” or better that falls within an investment grade category by Moody’s and “BBB-” or better by Standard & Poor’sany nationally recognized rating agency then providing such rating for the Indenture Trustee. The Indenture Trustee shall comply with TIA § Section 310(b), including the optional provision permitted by the second sentence of TIA § 310(b)(9); provided, however, that there shall be excluded from the operation of TIA § 310(b)(1) any indenture or indentures under which other securities of the Issuer Issuing Entity are outstanding if the requirements for such exclusion set forth in TIA § 310(b)(1) are met.

Appears in 5 contracts

Sources: Indenture (Carvana Auto Receivables Trust 2022-P1), Indenture (Carvana Auto Receivables Trust 2022-P1), Indenture (Carvana Auto Receivables Trust 2021-P4)

Eligibility; Disqualification. The Indenture Trustee ----------------------------- shall at all times satisfy the requirements of TIA § 310(a)(1(S) 310(a) and § 310(a)(5) and Section 26(a)(1) the requirements of the Investment Company Actan "eligible lender" under 20 USC (S)1085(d). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition and it shall have a long long-term senior unsecured debt rating of “Baa3” or better not less than investment grade by Moody’s and “BBB-” or better by Standard & Poor’seach of the Rating Agencies. The Indenture Trustee shall comply with TIA § (S) 310(b), including the optional provision permitted by the second sentence of TIA § (S) 310(b)(9); provided, however, that there shall be excluded from the -------- ------- operation of TIA § 310(b)(1(S) 310(b) (1) any indenture or indentures under which other securities of the Issuer are outstanding if the requirements for such exclusion set forth in TIA § (S) 310(b)(1) are met.

Appears in 4 contracts

Sources: Indenture (SLM Funding Corp), Indenture (SLM Funding Corp), Indenture (SLM Funding Corp)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA § 310(a)(1) and § 310(a)(5) and Section 26(a)(1) of the Investment Company Act. The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition and it shall have a long long-term debt or long-term issuer rating of “Baa3” or better by Moody’s and “BBB-” or better by Standard & Poor’s. The Indenture Trustee shall comply with TIA § 310(b), including the optional provision permitted by the second sentence of TIA § 310(b)(9); provided, however, that there shall be excluded from the operation of TIA § 310(b)(1) any indenture or indentures under which other securities of the Issuer are outstanding if the requirements for such exclusion set forth in TIA § 310(b)(1) are met.

Appears in 4 contracts

Sources: Indenture (Kentucky Power Cost Recovery LLC), Indenture (Kentucky Power Cost Recovery LLC), Indenture (Kentucky Power Cost Recovery LLC)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA § 310(a)(1) and § 310(a)(5Section 310(a) and Section 26(a)(126(a)(i) of the Investment Company ActAct of 1940. The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition and it shall have a long term debt rating of “Baa3” A (or the equivalent thereof) or better by Moody’s and “BBB-” or better by Standard & Poor’sall of the Rating Agencies from which a rating is available. The Indenture Trustee shall comply with TIA § Section 310(b), including the optional provision permitted by the second sentence of TIA § Section 310(b)(9); providedPROVIDED, howeverHOWEVER, that there shall be excluded from the operation of TIA § 310(b)(1Section 310(b) (1) any indenture or indentures under which other securities of the Note Issuer are outstanding if the requirements for such exclusion set forth in TIA § Section 310(b)(1) are met.

Appears in 4 contracts

Sources: Indenture (Comed Funding LLC), Indenture (Comed Funding LLC), Indenture (Illinois Power Securitization Limited Liability Co)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA § 310(a)(1) and § 310(a)(5) and Section 26(a)(1) of the Investment Company Act. The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition and it shall have a long term debt or issuer rating of “Baa3” or better by Moody’s and “BBB-” or better by Standard & Poor’s. The Indenture Trustee shall comply with TIA § 310(b), including the optional provision permitted by the second sentence of TIA § 310(b)(9); provided, however, that there shall be excluded from the operation of TIA § 310(b)(1) any indenture or indentures under which other securities of the Issuer are outstanding if the requirements for such exclusion set forth in TIA § 310(b)(1) are met.

Appears in 4 contracts

Sources: Indenture (RG&E Storm Funding LLC), Indenture (NYSEG Storm Funding LLC), Indenture (RG&E Storm Funding LLC)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA § 310(a)(1) and § 310(a)(5) and Section 26(a)(1) of the Investment Company Act310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition and it or its parent shall have a long long-term debt rating of “Baa3” or better by Moody’s ▇▇▇▇▇’▇ and “BBB-” or better by Standard & Poor’sFitch, or otherwise acceptable to the Rating Agencies. The Indenture Trustee shall comply with TIA § Section 310(b), including the optional provision permitted by the second sentence of TIA § Section 310(b)(9); provided, however, that there shall be excluded from the operation of TIA § Section 310(b)(1) any indenture or indentures under which other securities of the Issuer are outstanding if the requirements for such exclusion set forth in TIA § Section 310(b)(1) are met.

Appears in 4 contracts

Sources: Indenture (Nissan Auto Receivables 2019-B Owner Trust), Indenture (Nissan Auto Receivables 2019-B Owner Trust), Indenture (Nissan Auto Receivables 2019-a Owner Trust)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA § 310(a)(1) and § 310(a)(5) and Section 26(a)(1) of the Investment Company Act. The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition and it shall have a long term debt rating of “Baa3” or better by Moody’s M▇▇▇▇’▇ and “BBB-” or better by Standard & Poor’s. The Indenture Trustee shall comply with TIA § 310(b), including the optional provision permitted by the second sentence of TIA § 310(b)(9); provided, however, that there shall be excluded from the operation of TIA § 310(b)(1) any indenture or indentures under which other securities of the Issuer are outstanding if the requirements for such exclusion set forth in TIA § 310(b)(1) are met.

Appears in 3 contracts

Sources: Indenture (Empire District Bondco, LLC), Indenture (Empire District Bondco, LLC), Indenture (Empire District Bondco, LLC)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA § 310(a)(1) and § 310(a)(5) and Section 26(a)(1) of the Investment Company Act. The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition and it shall have a long term debt rating of “Baa3” or better by Moody’s and “BBB-” or better by Standard & Poor’s. The Indenture Trustee shall comply with TIA § 310(b), including the optional provision permitted by the second sentence of TIA § 310(b)(9); provided, however, that there shall be excluded from the operation of TIA § 310(b)(1) any indenture or indentures under which other securities of the Issuer are outstanding if the requirements for such exclusion set forth in TIA § 310(b)(1) are met.

Appears in 3 contracts

Sources: Indenture (Ohio Phase-in-Recovery Funding LLC), Indenture (Ohio Phase-in-Recovery Funding LLC), Indenture (Ohio Phase-in-Recovery Funding LLC)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA § 310(a)(1) and § 310(a)(5) and Section 26(a)(1) of the Investment Company Act(S)310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition and it its long-term unsecured debt shall have a long term debt rating of “Baa3” or better be rated at least Baa3 by Moody’s and “BBB-” or better 's, BBB- by Standard & Poor’s's and BBB- by Fitch. The Indenture Trustee shall comply with TIA § 310(b(S)310(b), including the optional provision permitted by the second sentence of TIA § 310(b)(9(S)310(b)(9); provided, however, that there shall be excluded from the operation of TIA § 310(b)(1(S)310(b) (1) any indenture or indentures under which other securities of the Issuer are outstanding if the requirements for such exclusion set forth in TIA § 310(b)(1(S)310(b)(1) are met.

Appears in 3 contracts

Sources: Master Indenture (Conseco Finance Credit Funding Corp), Master Indenture (Household Credit Card Master Note Trust I), Master Indenture (Household Credit Card Master Note Trust I)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA § 310(a)(1) and § 310(a)(5) and Section 26(a)(1) of the Investment Company Act. The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition and it shall have a an investment-grade long term debt rating from each of “Baa3” or better by Moody’s ▇▇▇▇▇’▇ and “BBB-” or better by Standard & Poor’s. The Indenture Trustee shall comply with TIA § 310(b), including the optional provision permitted by the second sentence of TIA § 310(b)(9); provided, however, that there shall be excluded from the operation of TIA § 310(b)(1) any indenture or indentures under which other securities of the Issuer are outstanding if the requirements for such exclusion set forth in TIA § 310(b)(1) are met.

Appears in 3 contracts

Sources: Indenture (Entergy New Orleans Storm Recovery Funding I, L.L.C.), Indenture (Entergy New Orleans Storm Recovery Funding I, L.L.C.), Indenture (Entergy New Orleans Storm Recovery Funding I, L.L.C.)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA § 310(a)(1Section 310(a) and § 310(a)(5) and Section 26(a)(1) the requirements of the Investment Company Actan "eligible lender" under 20 USC Section1085(d). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition and it shall have a long long-term senior unsecured debt rating of “Baa3” or better not less than investment grade by Moody’s and “BBB-” or better by Standard & Poor’seach of the Rating Agencies. The Indenture Trustee shall comply with TIA § Section 310(b), including the optional provision permitted by the second sentence of TIA § Section 310(b)(9); provided, however, that there shall be excluded from the operation of TIA § 310(b)(1Section 310(b) (1) any indenture or indentures under which other securities of the Issuer are outstanding if the requirements for such exclusion set forth in TIA § Section 310(b)(1) are met.

Appears in 3 contracts

Sources: Indenture (SLM Funding Corp), Indenture (SLM Funding LLC), Indenture (SLM Funding LLC)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA § 310(a)(1310(a) and § 310(a)(5) and Section 26(a)(1) of rule 3a-7 under the Investment Company ActAct of 1940. The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition and it shall have a long term debt rating of “Baa3” or better by Moody’s ▇▇▇▇▇’▇ and “BBB-” or better by Standard & Poor’s’s and Fitch (if currently rated by Fitch). The Indenture Trustee shall comply with TIA § 310(b), including the optional provision permitted by the second sentence of TIA § 310(b)(9); provided, however, that there shall be excluded from the operation of TIA § 310(b)(1) any indenture or indentures under which other securities of the Issuer are outstanding if the requirements for such exclusion set forth in TIA § 310(b)(1) are met.

Appears in 3 contracts

Sources: Indenture (MP Environmental Funding LLC), Indenture (MP Environmental Funding LLC), Indenture (Monongahela Power Co /Oh/)

Eligibility; Disqualification. The Indenture Trustee shall at all times (i) satisfy the requirements of TIA § 310(a)(1Section 310(a), (ii) and § 310(a)(5) and Section 26(a)(1) of the Investment Company Act. The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 100,000,000 as set forth in its most recent recently published annual report of condition and it shall condition, (iii) have a long term debt rating of equivalent to Baa3A” or better by Moody’s the Rating Agencies or be otherwise acceptable to the Rating Agencies and “BBB-” (iv) not be an Affiliate of the Issuer or better by Standard & Poor’sthe Owner Trustee. The Indenture Trustee shall comply with TIA § Section 310(b), including the optional provision permitted by the second sentence of TIA § Section 310(b)(9); provided, however, that there shall be excluded from the operation of TIA § Section 310(b)(1) any indenture or indentures under which other securities of the Issuer are outstanding if the requirements for such exclusion set forth in TIA § Section 310(b)(1) are met.

Appears in 3 contracts

Sources: Indenture (Merrill Lynch Mort Inv Fieldstone Mort Inv Tr Ser 2004-1), Indenture (Sasco Mortgage Loan Trust Series 2003-Gel1), Indenture (Asset Backed Sec Corp Fieldstone Mort Inv Tr Ser 2004-2)

Eligibility; Disqualification. The Indenture Trustee shall at all times (i) satisfy the requirements of TIA § 310(a)(1Section 310(a), (ii) and § 310(a)(5) and Section 26(a)(1) of the Investment Company Act. The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 100,000,000 as set forth in its most recent recently published annual report of condition and it (which report shall be provided to the Insurer upon request), (iii) have a long long-term debt rating of equivalent to Baa3A” or better by Moody’s S&P or be otherwise acceptable to S&P and “BBB-” (iv) not be an Affiliate of the Issuer or better by Standard & Poor’sthe Owner Trustee. The Indenture Trustee shall comply with TIA § Section 310(b), including the optional provision permitted by the second sentence of TIA § Section 310(b)(9); provided, however, that there shall be excluded from the operation of TIA § Section 310(b)(1) any indenture or indentures under which other securities of the Issuer are outstanding if the requirements for such exclusion set forth in TIA § Section 310(b)(1) are met.

Appears in 3 contracts

Sources: Indenture (IndyMac Home Equity Mortgage Loan Asset-Backed Trust, Series 2007-H1), Indenture (IndyMac Home Equity Mortgage Loan Asset-Backed Trust, Series 2006-H4), Indenture (Indymac MBS Inc)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA § 310(a)(1) and § 310(a)(5) and Section 26(a)(1) of the Investment Company Act310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 50,000,000.00 as set forth in its most recent published annual report of condition condition, and it the time deposits of the Indenture Trustee shall have a long term debt rating of be rated at least Baa3BBB-or better by Moody’s S&P and “BBB-” by Fitch or better “A-1” by Standard & Poor’sS&P and “F1” by Fitch. The Indenture Trustee shall comply with TIA § Section 310(b), including the optional provision permitted by the second sentence of TIA § Section 310(b)(9); provided, however, that there shall be excluded from the operation of TIA § Section 310(b)(1) any indenture or indentures under which other securities of the Issuer are outstanding if the requirements for such exclusion set forth in TIA § Section 310(b)(1) are met.. 43 (2020-C Indenture)

Appears in 2 contracts

Sources: Indenture (Hyundai Auto Receivables Trust 2020-C), Indenture (Hyundai Auto Receivables Trust 2020-C)

Eligibility; Disqualification. The Indenture Trustee shall at all times (i) satisfy the requirements of TIA § 310(a)(1Section 310(a), (ii) and § 310(a)(5) and Section 26(a)(1) of the Investment Company Act. The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 100,000,000 as set forth in its most recent recently published annual report of condition and it (which report shall be provided to the Insurer upon request), (iii) have a long long-term debt rating of “Baa3” equivalent to "A" or better by Moody’s S&P or be otherwise acceptable to S&P and “BBB-” (iv) not be an Affiliate of the Issuer or better by Standard & Poor’sthe Owner Trustee. The Indenture Trustee shall comply with TIA § Section 310(b), including the optional provision permitted by the second sentence of TIA § Section 310(b)(9); provided, however, that there shall be excluded from the operation of TIA § 310(b)(1Section 310(b) (1) any indenture or indentures under which other securities of the Issuer are outstanding if the requirements for such exclusion set forth in TIA § Section 310(b)(1) are met.

Appears in 2 contracts

Sources: Indenture (Indymac MBS Inc), Indenture (IndyMac Home Equity Mortgage Loan Asset-Backed Trust, Series 2006-H1)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA § 310(a)(1) and § 310(a)(5) and Section 26(a)(1) of the Investment Company Act310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition or its parent and it or its parent shall have a long term debt rating of “Baa3” BBB- or better by Moody’s and “BBB-” or better by Standard & Poor’sthe Rating Agencies. The Indenture Trustee shall provide copies of such reports to the Insurer upon request. The Indenture Trustee shall comply with TIA § Section 310(b), including the optional provision permitted by the second sentence of TIA § Section 310(b)(9); provided, however, that there shall be excluded from the operation of TIA § 310(b)(1Section 310(b) (1) any indenture or indentures under which other securities of the Issuer are outstanding if the requirements for such exclusion set forth in TIA § Section 310(b)(1) are met.

Appears in 2 contracts

Sources: Indenture (Painewebber Asset Acceptance Corp), Indenture (Securitized Asset Backed Receivables LLC)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA § 310(a)(1310(a) and § 310(a)(5) and Section 26(a)(1) of rule 3a-7 under the Investment Company ActAct of 1940. The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition and it shall have a long term debt rating of “Baa3” or better by Moody’s M▇▇▇▇’▇ and “BBB-” or better by Standard & Poor’s’s and Fitch (if currently rated by Fitch). The Indenture Trustee shall comply with TIA § 310(b), including the optional provision permitted by the second sentence of TIA § 310(b)(9); provided, however, that there shall be excluded from the operation of TIA § 310(b)(1) any indenture or indentures under which other securities of the Issuer are outstanding if the requirements for such exclusion set forth in TIA § 310(b)(1) are met.

Appears in 2 contracts

Sources: Indenture (MP Environmental Funding LLC), Indenture (PE Environmental Funding LLC)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA § 310(a)(1) and § 310(a)(5) and Section 26(a)(1) of the Investment Company Act310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 50,000,000.00 as set forth in its most recent published annual report of condition condition, and it the time deposits of the Indenture Trustee shall have a long term debt rating of be rated at least Baa3BBB-or better by Moody’s S&P and “BBB-” by Fitch or better “A-1” by Standard & Poor’sS&P and “F-1” by Fitch. The Indenture Trustee shall comply with TIA § Section 310(b), including the optional provision permitted by the second sentence of TIA § Section 310(b)(9); provided, however, that there shall be excluded from the operation of TIA § Section 310(b)(1) any indenture or indentures under which other securities of the Issuer are outstanding if the requirements for such exclusion set forth in TIA § Section 310(b)(1) are met.

Appears in 2 contracts

Sources: Indenture (Hyundai Abs Funding LLC), Indenture (Hyundai Auto Receivables Trust 2017-A)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA § 310(a)(1) and § 310(a)(5) and Section 26(a)(1) of the Investment Company Act310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 50,000,000.00 as set forth in its most recent published annual report of condition condition, and it the time deposits of the Indenture Trustee shall have a long term debt rating of “Baa3” or better by Moody’s and be rated at least “BBB-” or better by Standard & Poor’s’s and “Baa3” by M▇▇▇▇’▇ or “A-1” by Standard & Poor’s and “Prime-1” by M▇▇▇▇’▇. The Indenture Trustee shall comply with TIA § Section 310(b), including the optional provision permitted by the second sentence of TIA § Section 310(b)(9); provided, however, that there shall be excluded from the operation of TIA § Section 310(b)(1) any indenture or indentures under which other securities of the Issuer are outstanding if the requirements for such exclusion set forth in TIA § Section 310(b)(1) are met.

Appears in 2 contracts

Sources: Indenture (Hyundai Abs Funding Corp), Indenture (Hyundai Auto Receivables Trust 2013-A)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA § 310(a)(1) and § 310(a)(5) and Section 26(a)(1) of the Investment Company Act310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition and it or its parent shall have a long long-term debt rating of “Baa3” or better by Moody’s and “BBB-” ▇▇▇▇▇’▇, or its equivalent rating or better by Standard & Poor’sFitch, or otherwise acceptable to the Rating Agencies. The Indenture Trustee shall comply with TIA § Section 310(b), including the optional provision permitted by the second sentence of TIA § Section 310(b)(9); provided, however, that there shall be excluded from the operation of TIA § Section 310(b)(1) any indenture or indentures under which other securities of the Issuer are outstanding if the requirements for such exclusion set forth in TIA § Section 310(b)(1) are met.. 39 (NAROT 2017-B Indenture)

Appears in 2 contracts

Sources: Indenture (Nissan Auto Receivables 2017-B Owner Trust), Indenture (Nissan Auto Receivables 2017-B Owner Trust)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA § 310(a)(1) and § 310(a)(5) and Section 26(a)(1) of the Investment Company Act310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition and it or its parent shall have a long long-term debt rating of “Baa3” or better by Moody’s and “BBB-BBB” or better by Standard & Poor’sS&P, or otherwise acceptable to the Rating Agencies. The Indenture Trustee shall comply with TIA § Section 310(b), including the optional provision permitted by the second sentence of TIA § Section 310(b)(9); provided, however, that there shall be excluded from the operation of TIA § Section 310(b)(1) any indenture or indentures under which other securities of the Issuer are outstanding if the requirements for such exclusion set forth in TIA § Section 310(b)(1) are met.

Appears in 2 contracts

Sources: Indenture (Nissan Auto Receivables 2022-B Owner Trust), Indenture (NISSAN AUTO RECEIVABLES Co II LLC)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA § 310(a)(1) and § 310(a)(5Section 310(a) and Section 26(a)(126(a)(i) of the Investment Company ActAct of 1940. The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition and it shall have a long term debt rating of “Baa3” or better by Moody’s and “"BBB-" or better by Standard & Poor’s's, "Baa3" or better by Moody'▇ ▇▇▇ "▇▇▇-" or better by Fitch. The Indenture Trustee shall comply with TIA § Section 310(b), including the optional provision permitted by the second sentence of TIA § Section 310(b)(9); provided, however, that there shall be excluded from the operation of TIA § 310(b)(1Section 310(b) (1) any indenture or indentures under which other securities of the Issuer are outstanding if the requirements for such exclusion set forth in TIA § Section 310(b)(1) are met.

Appears in 2 contracts

Sources: Indenture (Consumers Energy Co Financing V), Indenture (PSE&G Transition Funding II LLC)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA § 310(a)(1) and § 310(a)(5) and Section 26(a)(1) of the Investment Company Act310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 50,000,000.00 as set forth in its most recent published annual report of condition condition, and it the time deposits of the Indenture Trustee shall have a long term debt rating of “Baa3” or better by Moody’s and be rated at least “BBB-” or better by Standard & Poor’s or “Baa3” by Moody’s or “A-1” by Standard & Poor’s or “Prime-1” by Moody’s. The Indenture Trustee shall comply with TIA § Section 310(b), including the optional provision permitted by the second sentence of TIA § Section 310(b)(9); provided, however, that there shall be excluded from the operation of TIA § Section 310(b)(1) any indenture or indentures under which other securities of the Issuer are outstanding if the requirements for such exclusion set forth in TIA § Section 310(b)(1) are met.

Appears in 2 contracts

Sources: Indenture (Hyundai Abs Funding LLC), Indenture (Hyundai Auto Receivables Trust 2016-A)

Eligibility; Disqualification. The Indenture Trustee shall at all times (i) satisfy the requirements of TIA § 310(a)(1Section 310(a), (ii) and § 310(a)(5) and Section 26(a)(1) of the Investment Company Act. The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 100,000,000 as set forth in its most recent recently published annual report of condition and it shall condition, (iii) have a long long-term debt rating of equivalent to Baa3A” or better and a short-term debt rating equivalent to “A-1” or better by Moody’s the Rating Agencies or be otherwise acceptable to the Rating Agencies, and “BBB-” (iv) not be an Affiliate of the Issuing Entity or better by Standard & Poor’sthe Owner Trustee. The Indenture Trustee shall comply with TIA § Section 310(b), including the optional provision permitted by the second sentence of TIA § Section 310(b)(9); provided, however, that there shall be excluded from the operation of TIA § Section 310(b)(1) any indenture or indentures under which other securities of the Issuer Issuing Entity are outstanding if the requirements for such exclusion set forth in TIA § Section 310(b)(1) are met.

Appears in 2 contracts

Sources: Indenture (Fieldstone Mortgage Investment CORP), Indenture (SunTrust Mortgage Securitization, LLC)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA § 310(a)(1) and § 310(a)(5) and Section 26(a)(1) of the Investment Company Act310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 50,000,000.00 as set forth in its most recent published annual report of condition condition, and it the time deposits of the Indenture Trustee shall have a long term debt rating of “Baa3” or better by Moody’s and be rated at least “BBB-” or better by Standard & Poor’s and “Baa3” by Moody’s or “A-1” by Standard & Poor’s and “Prime-1” by Moody’s. The Indenture Trustee shall comply with TIA § Section 310(b), including the optional provision permitted by the second sentence of TIA § Section 310(b)(9); provided, however, that there shall be excluded from the operation of TIA § Section 310(b)(1) any indenture or indentures under which other securities of the Issuer are outstanding if the requirements for such exclusion set forth in TIA § Section 310(b)(1) are met.

Appears in 2 contracts

Sources: Indenture (Hyundai Auto Receivables Trust 2015-C), Indenture (Hyundai Auto Receivables Trust 2014-A)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA § 310(a)(1) and § 310(a)(5Section 310(a) and Section 26(a)(126(a)(i) of the Investment Company ActAct of 1940. The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition and it shall have a long term debt rating of “Baa3” or better by Moody’s and “"BBB-" or better by Standard & Poor’s▇▇▇▇'▇, "▇▇▇▇" or better by ▇▇▇▇▇'▇ and "BBB-" or better by Fitch. The Indenture Trustee shall comply with TIA § Section 310(b), including the optional provision permitted by the second sentence of TIA § Section 310(b)(9); provided, however, that there shall be excluded from the operation of TIA § 310(b)(1Section 310(b) (1) any indenture or indentures under which other securities of the Issuer are outstanding if the requirements for such exclusion set forth in TIA § Section 310(b)(1) are met.

Appears in 2 contracts

Sources: Indenture (Atlantic City Electric Transition Funding LLC), Indenture (Pse&g Transition Funding LLC)

Eligibility; Disqualification. The Indenture Trustee shall at all times (i) satisfy the requirements of TIA § 310(a)(1Section 310(a), (ii) and § 310(a)(5) and Section 26(a)(1) of the Investment Company Act. The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 100,000,000 as set forth in its most recent recently published annual report of condition and it shall condition, (iii) have a long long-term debt rating of equivalent to Baa3A” or better by Moody’s the Rating Agencies or be otherwise acceptable to the Rating Agencies and “BBB-” (iv) not be an Affiliate of the Issuer or better by Standard & Poor’sthe Owner Trustee. The Indenture Trustee shall comply with TIA § Section 310(b), including the optional provision permitted by the second sentence of TIA § Section 310(b)(9); provided, however, that there shall be excluded from the operation of TIA § 310(b)(1Section 310(b)(l) any indenture or indentures under which other securities of the Issuer are outstanding if the requirements for such exclusion set forth in TIA § Section 310(b)(1) are met.

Appears in 2 contracts

Sources: Indenture (Fieldstone Mortgage Investment CORP), Indenture (NYMT Securities CORP)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA § 310(a)(1) and § 310(a)(5) and Section 26(a)(1) of the Investment Company Act310(a). The Indenture Trustee and the Securities Administrator shall each have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition and it or its parent shall have a long long-term debt rating of “Baa3” Baa3 or better by Moody’s and “BBB-” ▇▇▇▇▇’▇, BBB or better by Standard & Poor’s’s and BBB by Fitch. The Indenture Trustee shall comply with TIA § 310(b), including the optional provision permitted by the second sentence of TIA § 310(b)(9); provided, however, that there shall be excluded from the operation of TIA § 310(b)(1) any indenture or indentures under which other securities of the Issuer are outstanding if the requirements for such exclusion set forth in TIA § 310(b)(1) are met.

Appears in 2 contracts

Sources: Indenture (Peoples Choice Home Loan Securities Trust Series 2005-4), Indenture (Peoples Choice Home Loan Securities Trust Series 2005-3)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA § 310(a)(1) and § 310(a)(5) and Section 26(a)(1) of the Investment Company Act310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report 38 (NAROT 2020-A Indenture) of condition and it or its parent shall have a long long-term debt rating of “Baa3” or better by Moody’s ▇▇▇▇▇’▇ and “BBB-BBB” or better by Standard & Poor’sS&P, or otherwise acceptable to the Rating Agencies. The Indenture Trustee shall comply with TIA § Section 310(b), including the optional provision permitted by the second sentence of TIA § Section 310(b)(9); provided, however, that there shall be excluded from the operation of TIA § Section 310(b)(1) any indenture or indentures under which other securities of the Issuer are outstanding if the requirements for such exclusion set forth in TIA § Section 310(b)(1) are met.

Appears in 2 contracts

Sources: Indenture (Nissan Auto Receivables 2020-a Owner Trust), Indenture (Nissan Auto Receivables 2020-a Owner Trust)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA § 310(a)(1) and § 310(a)(5Section 310(a) and Section 26(a)(126(a)(i) of the Investment Company ActAct of 1940, as amended. The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition and it shall have a long long-term debt rating of “Baa3” or better by Moody’s and “"BBB-" or better by Standard & Poor’s'▇, "▇▇▇▇" ▇▇ better by Moody's and "BBB-" or better by Fitch. The Indenture Trustee shall comply with TIA § Section 310(b), including the optional provision permitted by the second sentence of TIA § Section 310(b)(9); provided, however, that there shall be excluded from the operation of TIA § 310(b)(1Section 310(b) (1) any indenture or indentures under which other securities of the Issuer are outstanding if the requirements for such exclusion set forth in TIA § Section 310(b)(1) are met.

Appears in 2 contracts

Sources: Indenture (Detroit Edison Securitization Funding LLC), Indenture (Detroit Edison Securitization Funding LLC)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA § 310(a)(1) and § 310(a)(5) and Section 26(a)(1) of the Investment Company Act310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 50,000,000.00 as set forth in its most recent published annual report of condition condition, and it the time deposits of the Indenture Trustee shall have a long term debt rating of be rated at least “BBB-” by S&P or “Baa3” or better by Moody’s and or BBB-A-1by S&P or better “Prime-1” by Standard & PoorMoody’s. The Indenture Trustee shall comply with TIA § Section 310(b), including the optional provision permitted by the second sentence of TIA § Section 310(b)(9); provided, however, that there shall be excluded from the operation of TIA § Section 310(b)(1) any indenture or indentures under which other securities of the Issuer are outstanding if the requirements for such exclusion set forth in TIA § Section 310(b)(1) are met.

Appears in 2 contracts

Sources: Indenture (Hyundai Auto Receivables Trust 2016-B), Indenture (Hyundai Abs Funding LLC)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA § 310(a)(1) and § 310(a)(5Section 310(a) and Section 26(a)(126(a)(i) of the Investment Company ActAct of 1940. The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition and it shall have a long term debt rating of “Baa3” or better by Moody’s and “"BBB-" or better by Standard & Poor’s's, "Baa3" or better by Moo▇▇'▇ ▇▇▇ "▇▇▇-" or better by Fitch. The Indenture Trustee shall comply with TIA § Section 310(b), including the optional provision permitted by the second sentence of TIA § Section 310(b)(9); provided, however, that there shall be excluded from the operation of TIA § 310(b)(1Section 310(b) (1) any indenture or indentures under which other securities of the Issuer are outstanding if the requirements for such exclusion set forth in TIA § Section 310(b)(1) are met.

Appears in 2 contracts

Sources: Indenture (Consumers Funding LLC), Indenture (Consumers Funding LLC)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA § 310(a)(1) and § 310(a)(5Section 310(a) and Section 26(a)(126(a)(i) of the Investment Company ActAct of 1940. The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition and it shall have a long term debt rating of “Baa3” or better by Moody’s and “"BBB-" or better by Standard & Poor’s's, "Baa3" or better by Moody's and "BBB-" or better by Fitch. The Indenture Trustee ▇▇▇ ▇▇▇▇▇▇▇ shall comply with TIA § Section 310(b), including the optional provision permitted by the second sentence of TIA § Section 310(b)(9); provided, however, that there shall be excluded from the operation of TIA § 310(b)(1Section 310(b) (1) any indenture or indentures under which other securities of the Issuer are outstanding if the requirements for such exclusion set forth in TIA § Section 310(b)(1) are met.

Appears in 2 contracts

Sources: Indenture (PSE&G Transition Funding II LLC), Indenture (Atlantic City Electric Transition Funding LLC)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA § 310(a)(1) and § 310(a)(5) and Section 26(a)(1) of the Investment Company Act310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition and it or its parent shall have a long long-term debt rating of “Baa3” or better by Moody’s and “BBB-” ▇▇▇▇▇’▇, or its equivalent rating or better by Standard & Poor’sFitch, or otherwise acceptable to the Rating Agencies. The Indenture Trustee shall comply with TIA § Section 310(b), including the optional provision permitted by the second sentence of TIA § Section 310(b)(9); provided, however, that there shall be excluded from the operation of TIA § Section 310(b)(1) any indenture or indentures under which other securities of the Issuer are outstanding if the requirements for such exclusion set forth in TIA § Section 310(b)(1) are met.. 38 (NAROT 2017-A Indenture)

Appears in 2 contracts

Sources: Indenture (Nissan Auto Receivables 2017-a Owner Trust), Indenture (Nissan Auto Receivables 2017-a Owner Trust)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA § 310(a)(1) and § 310(a)(5) and Section 26(a)(1) of the Investment Company Act310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 50,000,000.00 as set forth in its most recent published annual report of condition condition, and it the time deposits of the Indenture Trustee shall have a long term debt rating of be rated at least Baa3BBB-or better by MoodyStandard & Poor’s and “BBB-” by Fitch or better “A-1” by Standard & Poor’s’s and “F-1” by Fitch. The Indenture Trustee shall comply with TIA § Section 310(b), including the optional provision permitted by the second sentence of TIA § Section 310(b)(9); provided, however, that there shall be excluded from the operation of TIA § Section 310(b)(1) any indenture or indentures under which other securities of the Issuer are outstanding if the requirements for such exclusion set forth in TIA § Section 310(b)(1) are met.

Appears in 2 contracts

Sources: Indenture (Hyundai Auto Receivables Trust 2015-A), Indenture (Hyundai Auto Receivables Trust 2014-B)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA § 310(a)(1) and § 310(a)(5Section 310(a) and Section 26(a)(126(a)(i) of the Investment Company ActAct of 1940. The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition and it shall have a long term debt rating of “Baa3” A (or the equivalent thereof) or better by Moody’s and “BBB-” or better by Standard & Poor’sall of the Rating Agencies from which a rating is available. The Indenture Trustee shall comply with TIA § Section 310(b), including the optional provision permitted by the second sentence of TIA § 310(b)(9Section 31 0(b)(9); providedPROVIDED, howeverHOWEVER, that there shall be excluded from the operation of TIA § 310(b)(1Section 31 0(b) ( 1) any indenture or indentures under which other securities of the Note Issuer are outstanding if the requirements for such exclusion set forth in TIA § Section 310(b)(1) are met.

Appears in 1 contract

Sources: Indenture (Illinois Power Securitization Limited Liability Co)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA § 310(a)(1) and § 310(a)(5) and Section 26(a)(1) of the Investment Company Act. The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition and it shall have a long term debt rating of "Baa3" or better by Moody’s 's and "BBB-" or better by Standard & Poor’s's. The Indenture Trustee shall comply with TIA § 310(b), including the optional provision permitted by the second sentence of TIA § 310(b)(9); provided, however, that there shall be excluded from the operation of TIA § 310(b)(1) any indenture or indentures under which other securities of the Issuer are outstanding if the requirements for such exclusion set forth in TIA § 310(b)(1) are met.met.‌

Appears in 1 contract

Sources: Indenture

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA § 310(a)(1) and § 310(a)(5) and Section 26(a)(1) of the Investment Company Act310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 50,000,000.00 as set forth in its most recent published annual report of condition condition, and it the time deposits of the Indenture Trustee shall have a long term debt rating of be rated at least Baa3BBB-or better by MoodyStandard & Poor’s and “BBB-” by Fitch or better “A-1” by Standard & Poor’s’s and “F-1” by Fitch. The Indenture Trustee shall comply with TIA § Section 310(b), including the optional provision permitted by the second sentence of TIA § Section 310(b)(9); provided, however, that there shall be excluded from the operation of TIA § Section 310(b)(1) any indenture or indentures under which other securities of the Issuer are outstanding if the requirements for such exclusion set forth in TIA § Section 310(b)(1) are met.. 50 (2015-B Indenture)

Appears in 1 contract

Sources: Indenture (Hyundai Auto Receivables Trust 2015-B)

Eligibility; Disqualification. The Indenture ----------------------------- Trustee shall at all times satisfy the requirements of TIA § 310(a)(1(S) 310(a) and § 310(a)(5) and Section 26(a)(1) the requirements of the Investment Company Actan "eligible lender" under 20 USC (S)1085(d). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition and it shall have a long long-term senior unsecured debt rating of “Baa3” or better not less than investment grade by Moody’s and “BBB-” or better by Standard & Poor’seach of the Rating Agencies. The Indenture Trustee shall comply with TIA § 310(b(S)310(b), including the optional provision permitted by the second sentence of TIA § 310(b)(9(S)310(b)(9); provided, -------- however, that there shall be excluded from the operation of TIA § 310(b)(1(S)310(b)(1) ------- any indenture or indentures under which other securities of the Issuer are outstanding if the requirements for such exclusion set forth in TIA § (S) 310(b)(1) are met.

Appears in 1 contract

Sources: Indenture (SLM Funding Corp)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA § 310(a)(1(S) 310(a) and § 310(a)(5) and Section 26(a)(1) the requirements of the Investment Company Actan "eligible lender" under 20 USC (S)1085(d). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition and it shall have a long long-term senior unsecured debt rating of “Baa3” or better not less than investment grade by Moody’s and “BBB-” or better by Standard & Poor’seach of the Rating Agencies. The Indenture Trustee shall comply with TIA § (S) 310(b), including the optional provision permitted by the second sentence of TIA § (S) 310(b)(9); provided, however, that there shall be excluded from the operation of TIA § 310(b)(1(S) 310(b) (1) any indenture or indentures under which other securities of the Issuer are outstanding if the requirements for such exclusion set forth in TIA § (S) 310(b)(1) are met.

Appears in 1 contract

Sources: Indenture (SLM Funding Corp)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA § Section 310(a)(1) and § Section 310(a)(5) and Section 26(a)(1) of the Investment Company ActAct of 1940. The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition and it shall have a long term debt rating of “Baa3” A (or the equivalent thereof) or better by Moody’s and “BBB-” or better by Standard & Poor’sall of the Rating Agencies from which a rating is available. The Indenture Trustee shall comply with TIA § Section 310(b), including the optional provision permitted by the second sentence of TIA § Section 310(b)(9); provided, however, that there shall be excluded from the operation of TIA § Section 310(b)(1) any indenture or indentures under which other securities of the Note Issuer are outstanding if the requirements for such exclusion set forth in TIA § Section 310(b)(1) are met.

Appears in 1 contract

Sources: Indenture (CPL Transition Funding LLC)

Eligibility; Disqualification. The Indenture Trustee shall at all times times: (a) satisfy the requirements of TIA § 310(a)(1Section 310(a); (b) and § 310(a)(5) and Section 26(a)(1) of the Investment Company Act. The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent recently published annual report of condition and it shall condition; (c) have a long long-term debt rating of equivalent to Baa3A” or better by Moody’s and “BBB-” the Rating Agencies (if its long-term debt is rated by such Rating Agencies) or better by Standard & Poor’sbe otherwise acceptable to the Rating Agencies; and (d) not be an Affiliate of the Issuer or the Owner Trustee. The Indenture Trustee shall comply with TIA § Section 310(b), including the optional provision permitted by the second sentence of TIA § Section 310(b)(9); provided, however, that there shall be excluded from the operation of TIA § Section 310(b)(1) any indenture or indentures under which other securities of the Issuer are outstanding if the requirements for such exclusion set forth in TIA § Section 310(b)(1) are met.

Appears in 1 contract

Sources: Indenture (FBR Securitization, Inc.)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA § 310(a)(1) and § 310(a)(5) and Section 26(a)(1) of the Investment Company Act310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent recently published annual report of condition and it or its parent shall have a long long-term debt rating of “Baa3” "A" or better by Moody’s S&P and “BBB-” Fitch or better by Standard & Poor’s. "A2"by ▇▇▇▇▇'▇ or shall otherwise be acceptable to each of Fitch, ▇▇▇▇▇'▇ and S&P. The Indenture Trustee shall comply with TIA § Section 310(b), including the optional provision permitted by the second sentence of TIA § Section 310(b)(9); provided, however, that there shall be excluded from the operation of TIA § 310(b)(1Section 310(b) (1) any indenture or indentures under which other securities of the Issuer are outstanding if the requirements for such exclusion set forth in TIA § Section 310(b)(1) are met.

Appears in 1 contract

Sources: Indenture (Bear Stearns Asset Backed Securities Inc)

Eligibility; Disqualification. The Indenture Trustee shall at all times times: (a) satisfy the requirements of TIA § 310(a)(1Section 310(a); (b) and § 310(a)(5) and Section 26(a)(1) of the Investment Company Act. The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 100,000,000 as set forth in its most recent recently published annual report of condition and it shall condition; (c) have a long long-term debt rating of equivalent to Baa3A” or better by Moody’s and “BBB-” the Rating Agencies or better by Standard & Poor’sbe otherwise acceptable to the Rating Agencies; and (d) not be an Affiliate of the Issuer or the Owner Trustee. The Indenture Trustee shall comply with TIA § Section 310(b), including the optional provision permitted by the second sentence of TIA § Section 310(b)(9); provided, however, that there shall be excluded from the operation of TIA § Section 310(b)(1) any indenture or indentures under which other securities of the Issuer are outstanding if the requirements for such exclusion set forth in TIA § Section 310(b)(1) are met.

Appears in 1 contract

Sources: Indenture (First NLC Trust 2005-3 Mortgate-Backed Notes, Series 2005-3)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA § 310(a)(1) and § 310(a)(5TIA 310(a) and Section 26(a)(126(a)(i) of the Investment Company ActAct of 1940. The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition and it shall have a long term debt rating of “Baa3” or better by Moody’s and “BBB-” or better by Standard & and Poor’s’s and Fitch. The Indenture Trustee shall comply with TIA § TIA 310(b), including the optional provision permitted by the second sentence of TIA § TIA 310(b)(9); provided, however, that there shall be excluded from the operation of TIA § TIA 310(b)(1) any indenture or indentures under which other securities of the Issuer are outstanding if the requirements for such exclusion set forth in TIA § 310(b)(1) are met.

Appears in 1 contract

Sources: Indenture (PG&E Energy Recovery Funding LLC)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA § 310(a)(1Section 310(a) and § 310(a)(5) and the requirements of an "eligible lender" under 20 USC Section 26(a)(1) of the Investment Company Act1085(d). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition and it shall have a long long-term senior unsecured debt rating of “Baa3” or better not less than investment grade by Moody’s and “BBB-” or better by Standard & Poor’seach of the Rating Agencies. The Indenture Trustee shall comply with TIA § Section 310(b), including the optional provision permitted by the second sentence of TIA § Section 310(b)(9); providedPROVIDED, howeverHOWEVER, that there shall be excluded from the operation of TIA § 310(b)(1Section 310(b) (1) any indenture or indentures under which other securities of the Issuer are outstanding if the requirements for such exclusion set forth in TIA § Section 310(b)(1) are met.

Appears in 1 contract

Sources: Indenture (SLM Funding Corp)

Eligibility; Disqualification. The Indenture Trustee shall at all times (i) satisfy the requirements of TIA § 310(a)(1Section 310(a), (ii) and § 310(a)(5) and Section 26(a)(1) of the Investment Company Act. The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 100,000,000 as set forth in its most recent recently published annual report of condition and it shall condition, (iii) have a long long-term debt rating of equivalent to Baa3A” or better and a short-term debt rating equivalent to “A-1” or better by Moody’s the Rating Agencies or be otherwise acceptable to the Rating Agencies, and “BBB-” (iv) not be an Affiliate of the Issuer or better by Standard & Poor’sthe Owner Trustee. The Indenture Trustee shall comply with TIA § Section 310(b), including the optional provision permitted by the second sentence of TIA § Section 310(b)(9); provided, however, that there shall be excluded from the operation of TIA § Section 310(b)(1) any indenture or indentures under which other securities of the Issuer are outstanding if the requirements for such exclusion set forth in TIA § Section 310(b)(1) are met.

Appears in 1 contract

Sources: Indenture (Fieldstone Mortgage Investment CORP)

Eligibility; Disqualification. The Indenture Trustee shall at all times (i) satisfy the requirements of TIA § 310(a)(1Section 310(a), (ii) and § 310(a)(5) and Section 26(a)(1) of the Investment Company Act. The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 100,000,000 as set forth in its most recent recently published annual report of condition and it (which report shall be provided to the Insurer upon request), (iii) have a long long-term debt rating of equivalent to Baa3A” or better by Moody’s the Rating Agencies or be otherwise acceptable to the Rating Agencies and “BBB-” (iv) not be an Affiliate of the Issuer or better by Standard & Poor’sthe Owner Trustee. The Indenture Trustee shall comply with TIA § Section 310(b), including the optional provision permitted by the second sentence of TIA § Section 310(b)(9); provided, however, that there shall be excluded from the operation of TIA § Section 310(b)(1) any indenture or indentures under which other securities of the Issuer are outstanding if the requirements for such exclusion set forth in TIA § Section 310(b)(1) are met.

Appears in 1 contract

Sources: Indenture (Lehman ABS Corp. Home Equity Loan Trust 2005-1)

Eligibility; Disqualification. The Indenture Trustee ----------------------------- shall at all times satisfy the requirements of TIA § 310(a)(1(S) and § 310(a)(5) and Section 26(a)(1) of the Investment Company Act310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition condition, and it the time deposits of the Indenture Trustee shall have a long term debt rating of “Baa3” or better by Moody’s and “BBB-” or better be rated at least A-1 by Standard & Poor’s's, F1 by Fitch and P-1 by Moody's. The Indenture Trustee shall comply with TIA § (S) 310(b), including the optional provision permitted by the second sentence of TIA § (S) 310(b)(9); provided, however, that there shall be excluded from the operation of TIA § 310(b)(1(S) 310(b) (1) any indenture or indentures under which other securities of the Issuer are outstanding if the requirements for such exclusion set forth in TIA § (S) 310(b)(1) are met.

Appears in 1 contract

Sources: Indenture (World Omni Auto Receivables LLC)

Eligibility; Disqualification. The Indenture Trustee shall at all times be acceptable to the Note Insurer and authorized to exercise corporate trust powers. The Indenture Trustee shall also satisfy the requirements of TIA § 310(a)(1Section 310(a) and § 310(a)(5) and Section 26(a)(1) of the Investment Company Act. The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition and it or its parent shall have a long long-term debt rating of “Baa3” Baa3 or better by Moody’s 's and “BBB-” BBB or better by Standard & Poor’s's. The Indenture Trustee shall comply with TIA § Section 310(b), including the optional provision permitted by the second sentence of TIA § Section 310(b)(9); provided, however, that there shall be excluded from the operation of TIA § 310(b)(1Section 310(b) (1) any indenture or indentures under which other securities of the Issuer are outstanding if the requirements for such exclusion set forth in TIA § 310(b)(1) are met.Section 310(b)

Appears in 1 contract

Sources: Indenture (Pacificamerica Money Center Inc)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA § 310(a)(1) and § 310(a)(5) and Section 26(a)(1) of the Investment Company Act310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition and it its long-term unsecured debt shall have a long term debt rating of “Baa3” or better be rated at least Baa3 by Moody’s and “BBB-” or better 's, at least BBB- by Standard & Poor’s's and, if rated by Fitch, at least BBB-by Fitch. The Indenture Trustee shall comply with TIA § Section 310(b), including the optional provision permitted by the second sentence of TIA § Section 310(b)(9); provided, however, that there shall be excluded from the operation of TIA § 310(b)(1Section 310(b) (1) any indenture or indentures under which other securities of the Issuer are outstanding if the requirements for such exclusion set forth in TIA § Section 310(b)(1) are met.

Appears in 1 contract

Sources: Master Indenture (Nordstrom Inc)

Eligibility; Disqualification. The Indenture Trustee shall at all times (i) satisfy the requirements of TIA § 310(a)(1Section 310(a), (ii) and § 310(a)(5) and Section 26(a)(1) of the Investment Company Act. The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 100,000,000 as set forth in its most recent recently published annual report of condition and it (which report shall be provided to either Insurer upon request), (iii) have a long long-term debt rating of equivalent to Baa3A” or better by Moody’s the Rating Agencies or be otherwise acceptable to the Rating Agencies and “BBB-” (iv) not be an Affiliate of the Issuer or better by Standard & Poor’sthe Owner Trustee. The Indenture Trustee shall comply with TIA § Section 310(b), including the optional provision permitted by the second sentence of TIA § Section 310(b)(9); provided, however, that there shall be excluded from the operation of TIA § Section 310(b)(1) any indenture or indentures under which other securities of the Issuer are outstanding if the requirements for such exclusion set forth in TIA § Section 310(b)(1) are met.

Appears in 1 contract

Sources: Indenture (Greenpoint Mortgage Funding Trust 2006-He1)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA § 310(a)(1) and § 310(a)(5) and Section 26(a)(1) of the Investment Company Act. The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition and it shall have a long term debt issuer rating of “Baa3” or better by from Moody’s and a long-term issuer rating from S&P of at least BBB-” or better by Standard & Poor’sA”. The Indenture Trustee shall comply with TIA § 310(b), including the optional provision permitted by the second sentence of TIA § 310(b)(9); provided, however, that there shall be excluded from the operation of TIA § 310(b)(1) any indenture or indentures under which other securities of the Issuer are outstanding if the requirements for such exclusion set forth in TIA § 310(b)(1) are met.

Appears in 1 contract

Sources: Indenture (SCE Recovery Funding LLC)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA § 310(a)(1(S)310(a) and § 310(a)(5) and Section 26(a)(1) the requirements of the Investment Company Actan "eligible lender" under 20 USC (S)1085(d). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition and it shall have a long long-term senior unsecured debt rating of “Baa3” or better not less than investment grade by Moody’s and “BBB-” or better by Standard & Poor’seach of the Rating Agencies. The Indenture Trustee shall comply with TIA § (S) 310(b), including the optional provision permitted by the second sentence of TIA § 310(b)(9(S)310(b)(9); provided, however, that there shall be excluded from the operation of TIA § 310(b)(1(S)310(b) (1) any indenture or indentures under which other securities of the Issuer are outstanding if the requirements for such exclusion set forth in TIA § 310(b)(1(S)310(b)(1) are met.

Appears in 1 contract

Sources: Indenture (SLM Funding Corp)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA § 310(a)(1) and § 310(a)(5) and Section 26(a)(1) of the Investment Company Act310(a). The Indenture Trustee [shall be acceptable to the Note Insurer] and shall have a combined capital and surplus of at least [$50,000,000 50,000,000] as set forth in its most recent published annual report of condition and it or its parent shall have a long long-term debt rating of “Baa3” not less than ["A"] by S&P or better by Moody’s and “BBB-” or better by Standard & Poor’sshall otherwise be acceptable to each Rating Agency. The Indenture Trustee shall comply with TIA § Section 310(b), including the optional provision permitted by the second sentence of TIA § Section 310(b)(9); providedPROVIDED, howeverHOWEVER, that there shall be excluded from the operation of TIA § 310(b)(1Section 310(b) (1) any indenture or indentures under which other securities of the Issuer are outstanding if the requirements for such exclusion set forth in TIA § Section 310(b)(1) are met.

Appears in 1 contract

Sources: Indenture (Aegis Asset Backed Securities Corp)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA § 310(a)(1) and § 310(a)(5) and Section 26(a)(1) of the Investment Company Act§310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition and it either its long-term unsecured debt shall have a long term debt rating of “Baa3” or better be rated at least Baa3 by Moody’s and “BBB-” BBB- by Standard & Poor’s or better its short-term debt shall be rated at least P-2 by Moody’s and A-2 by Standard & Poor’s. The Indenture Trustee shall comply with TIA § §310(b), including the optional provision permitted by the second sentence of TIA § §310(b)(9); provided, however, that there shall be excluded from the operation of TIA § §310(b)(1) any indenture or indentures under which other securities of the Issuer are outstanding if the requirements for such exclusion set forth in TIA § §310(b)(1) are met.

Appears in 1 contract

Sources: Master Indenture (Alliance Data Systems Corp)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA § 310(a)(1) and § 310(a)(5Section 310(a) and Section 26(a)(126(a)(i) of the Investment Company ActAct of 1940. The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition and it shall have a long term debt rating of “Baa3” or better by Moody’s and “"BBB-" or better by Standard & Poor’s's, "Baa3" or better by Moody's ▇▇▇ "▇▇▇-" ▇▇ better by Fitc▇. The Indenture ▇▇▇ Trustee shall comply with TIA § Section 310(b), including the optional provision permitted by the second sentence of TIA § Section 310(b)(9); provided, however, that there shall be excluded from the operation of TIA § 310(b)(1Section 310(b) (1) any indenture or indentures under which other securities of the Issuer are outstanding if the requirements for such exclusion set forth in TIA § Section 310(b)(1) are met.

Appears in 1 contract

Sources: Indenture (Pse&g Transition Funding LLC)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA § 310(a)(1) and § 310(a)(5310(a) and Section 26(a)(1) of the Investment Company ActAct of 1940, as amended. The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition and it shall have a long term senior, unsecured debt rating of "Baa3" or better by Moody’s and “BBB-” or better 's (or, if not rated by Standard & Poor’sMoody's, a comparable rating by another statistical rating agency). The Indenture Trustee shall comply with TIA § 310(b), including the optional provision permitted by the second sentence of TIA § 310(b)(9); provided, however, that there shall be excluded from the operation of TIA § 310(b)(1310(b) (1) any indenture or indentures indenture(s) under which other securities of the Issuer are outstanding if the requirements for such exclusion set forth in TIA § 310(b)(1) are met.

Appears in 1 contract

Sources: Indenture (Case Receivables Ii Inc)

Eligibility; Disqualification. The Indenture Trustee shall at all times (i) satisfy the requirements of TIA § 310(a)(1Section 310(a), (ii) and § 310(a)(5) and Section 26(a)(1) of the Investment Company Act. The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 100,000,000 as set forth in its most recent recently published annual report of condition and it (which report shall be provided to the Insurer upon request), (iii) have a long term debt rating of equivalent to Baa3A” or better by Moody’s the Rating Agencies or be otherwise acceptable to the Rating Agencies and “BBB-” (iv) not be an Affiliate of the Issuer or better by Standard & Poor’sthe Owner Trustee. The Indenture Trustee shall comply with TIA § Section 310(b), including the optional provision permitted by the second sentence of TIA § Section 310(b)(9); provided, however, that there shall be excluded from the operation of TIA § Section 310(b)(1) any indenture or indentures under which other securities of the Issuer are outstanding if the requirements for such exclusion set forth in TIA § Section 310(b)(1) are met.

Appears in 1 contract

Sources: Indenture (Lehman Abs Corp)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA § 310(a)(1) and § 310(a)(5) and Section 26(a)(1) of the Investment Company Act310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition and it or its parent either (a) shall have a long long-term debt rating of “Baa3” A or better by Moody’s and “BBB-” ▇▇▇▇▇’▇ or better by Standard & Poor’s(b) such other rating as would not cause any Rating Agency to lower the rating of the Notes below its initial rating thereof, without taking into account the Policy. The Indenture Trustee shall comply with TIA § 310(b), including the optional provision permitted by the second sentence of TIA § 310(b)(9); provided, however, that there shall be excluded from the operation of TIA § 310(b)(1) any indenture or indentures under which other securities of the Issuer are outstanding if the requirements for such exclusion set forth in TIA § 310(b)(1) are met.

Appears in 1 contract

Sources: Indenture (Wachovia Asset Securitization Inc 2002 He2 Trust)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA § 310(a)(1) and § 310(a)(5) and Section 26(a)(1) of the Investment Company Act310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 50,000,000.00 as set forth in its most recent published annual report of condition condition, and it the time deposits of the Indenture Trustee shall have a long term debt rating of be rated at least [Baa3BBB-or better by MoodyStandard & Poor’s and “BBB-” by Fitch or better “A-1” by Standard & Poor’s’s and “F-1” by Fitch]. The Indenture Trustee shall comply with TIA § Section 310(b), including the optional provision permitted by the second sentence of TIA § Section 310(b)(9); provided, however, that there shall be excluded from the operation of TIA § Section 310(b)(1) any indenture or indentures under which other securities of the Issuer are outstanding if the requirements for such exclusion set forth in TIA § Section 310(b)(1) are met.

Appears in 1 contract

Sources: Indenture (Hyundai Abs Funding Corp)

Eligibility; Disqualification. The Indenture Trustee shall at all times times: (a) satisfy the requirements of TIA § 310(a)(1Section 310(a); (b) and § 310(a)(5) and Section 26(a)(1) of the Investment Company Act. The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 100,000,000 as set forth in its most recent recently published annual report of condition and it shall condition; (c) have a long long-term debt rating of equivalent to Baa3A” or better by Moody’s and “BBB-” the Rating Agencies or better by Standard & Poor’sbe otherwise acceptable to the Rating Agencies; and (d) not be an Affiliate of the Issuer or the Owner Trustee. The Indenture Trustee shall comply with TIA § Section 310(b), including the optional provision permitted by the second sentence of TIA § Section 310(b)(9); provided, however, that there shall be excluded from the operation of TIA § Section 310(b)(1) any indenture or indentures under which other securities of the Issuer are outstanding [outstanding] if the requirements for such exclusion set forth in TIA § Section 310(b)(1) are met.

Appears in 1 contract

Sources: Indenture (First NLC Trust 2005-1)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA § 310(a)(1) and § 310(a)(5) and Section 26(a)(1) of the Investment Company Act310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 50,000,000.00 as set forth in its most recent published annual report of condition condition, and it the time deposits of the Indenture Trustee shall have a long term debt rating of be rated at least “BBB-” by Fitch and “Baa3” or better by Moody’s or “F1” by Fitch and “BBB-Prime-1or better by Standard & PoorMoody’s. The Indenture Trustee shall comply with TIA § Section 310(b), including the optional provision permitted by the second sentence of TIA § Section 310(b)(9); provided, however, that there shall be excluded from the operation of TIA § Section 310(b)(1) any indenture or indentures under which other securities of the Issuer are outstanding if the requirements for such exclusion set forth in TIA § Section 310(b)(1) are met.

Appears in 1 contract

Sources: Indenture (Hyundai Auto Receivables Trust 2012-A)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA § 310(a)(1) and § 310(a)(5Section 310(a) and Section 26(a)(1) of the Investment Company Act. The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition and it shall have a long long-term debt rating of “Baa3” or better by Moody’s and “"BBB-" or better by Standard & Poor’s's, "Baa3" or better by Moody's and "BBB-" or better by Fitch. The Indenture Trustee shall comply with TIA § ▇▇▇ ▇▇ction 310(b), including the optional provision permitted by the second sentence of TIA § Section 310(b)(9); provided, however, that and there shall be excluded from the operation of TIA § 310(b)(1Section 310(b) (1) any indenture or indentures under which other securities of the Issuer are outstanding if the requirements for such exclusion set forth in TIA § Section 310(b)(1) are met.

Appears in 1 contract

Sources: Indenture (FPL Recovery Funding LLC)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA § 310(a)(1) and § 310(a)(5) and Section 26(a)(1) of the Investment Company Act310(a). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition and it or its parent either (a) shall have a long long-term debt rating of “Baa3” A or better by Moody’s and “BBB-” ▇▇▇▇▇'▇ or better by Standard & Poor’s(b) such other rating so longs as such rating would not cause any Rating Agency to lower the rating of the Class A Notes below its initial rating thereof. The Indenture Trustee shall comply with TIA § Section 310(b), including the optional provision permitted by the second sentence of TIA § Section 310(b)(9); provided, however, that there shall be excluded from the operation of TIA § Section 310(b)(1) any indenture or indentures under which other securities of the Issuer are outstanding if the requirements for such exclusion set forth in TIA § Section 310(b)(1) are met.

Appears in 1 contract

Sources: Indenture (Wachovia Asset Sec Inc Asst Back Notes Ser 2002 He1)

Eligibility; Disqualification. The Indenture Trustee shall at all times (i) satisfy the requirements of TIA § 310(a)(1Section 310(a), (ii) and § 310(a)(5) and Section 26(a)(1) of the Investment Company Act. The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 [100,000,000] as set forth in its most recent recently published annual report of condition and it shall condition, (iii) have a long term debt rating of equivalent to Baa3A” or better by Moody’s the Rating Agencies or be otherwise acceptable to the Rating Agencies and “BBB-” (iv) not be an Affiliate of the Issuer or better by Standard & Poor’sthe Owner Trustee. The Indenture Trustee shall comply with TIA § Section 310(b), including the optional provision permitted by the second sentence of TIA § Section 310(b)(9); provided, however, that there shall be excluded from the operation of TIA § Section 310(b)(1) any indenture or indentures under which other securities of the Issuer are outstanding if the requirements for such exclusion set forth in TIA § Section 310(b)(1) are met.

Appears in 1 contract

Sources: Indenture (Indymac Abs Inc)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA § 310(a)(1) and § 310(a)(5Section 310(a) and Section 26(a)(126(a)(i) of the Investment Company ActAct of 1940, as amended. The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition and it shall have a long term debt rating of “Baa3” or better by Moody’s and “"BBB-" or better by Standard & Poor’s's, "Baa3" or better by Moody's and "BBB-" or better by Fitch. The Indenture Trustee ▇▇▇ ▇▇▇▇▇▇▇ shall comply with TIA § Section 310(b), including the optional provision permitted by the second sentence of TIA § Section 310(b)(9); provided, however, that there shall be excluded from the operation of TIA § 310(b)(1Section 310(b) (1) any indenture or indentures under which other securities of the Issuer are outstanding if the requirements for such exclusion set forth in TIA § Section 310(b)(1) are met.

Appears in 1 contract

Sources: Indenture (Jcp&l Transition Funding LLC)

Eligibility; Disqualification. The Indenture Trustee shall at all times (i) satisfy the requirements of TIA § 310(a)(1Section 310(a), (ii) and § 310(a)(5) and Section 26(a)(1) of the Investment Company Act. The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 100,000,000 as set forth in its most recent recently published annual report of condition and it (which report shall be provided to the Insurer upon request), (iii) have a long long-term debt rating of “Baa3” equivalent to "A" or better by Moody’s the Rating Agencies or be otherwise acceptable to the Rating Agencies and “BBB-” (iv) not be an Affiliate of the Issuer or better by Standard & Poor’sthe Owner Trustee. The Indenture Trustee shall comply with TIA § Section 310(b), including the optional provision permitted by the second sentence of TIA § Section 310(b)(9); provided, however, that there shall be excluded from the operation of TIA § 310(b)(1Section 310(b) (1) any indenture or indentures under which other securities of the Issuer are outstanding if the requirements for such exclusion set forth in TIA § Section 310(b)(1) are met.

Appears in 1 contract

Sources: Indenture (Greenpoint Mortgage Funding Trust 2005-He3)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA § 310(a)(1) and § 310(a)(5Section 310(a) and Section 26(a)(126(a)(i) of the Investment Company ActAct of 1940. The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition and it shall have a long term debt rating of “Baa3” A (or the equivalent thereof) or better by Moody’s and “BBB-” or better by Standard & Poor’sall of the Rating Agencies from which a rating is available. The Indenture Trustee shall comply with TIA § Section 310(b), including the optional provision permitted by the second sentence of TIA § Section 310(b)(9); providedPROVIDED, howeverHOWEVER, that there shall be excluded from the operation of TIA § Section 310(b)(1) any indenture or indentures under which other securities of the Note Issuer are outstanding if the requirements for such exclusion set forth in TIA § Section 310(b)(1) are met.

Appears in 1 contract

Sources: Indenture (Comed Funding LLC)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA § 310(a)(1Section 310(a) and § 310(a)(5) and the requirements of an "eligible lender" under 20 USC Section 26(a)(1) of the Investment Company Act1085(d). The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition and it shall have a long long-term senior unsecured debt rating of “Baa3” or better not less than investment grade by Moody’s and “BBB-” or better by Standard & Poor’seach of the Rating Agencies. The Indenture Trustee shall comply with TIA § Section 310(b), including the optional provision permitted by the second sentence of TIA § Section 310(b)(9); provided, however, that there shall be excluded from the operation of TIA § 310(b)(1Section 310(b) (1) any indenture or indentures under which other securities of the Issuer are outstanding if the requirements for such exclusion set forth in TIA § Section 310(b)(1) are met.

Appears in 1 contract

Sources: Indenture (SLM Funding Corp)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA § 310(a)(1) and § 310(a)(5Section 310(a) and Section 26(a)(1) of the Investment Company Act. The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition and it shall have a long long-term debt rating of “Baa3” or better by Moody’s and “"BBB-" or better by Standard & Poor’s's, "Baa3" or better by Moody's and "BBB-" or better by Fitch. The Indenture Trustee shall T▇▇ ▇▇▇▇▇▇▇ ▇▇all comply with TIA § Section 310(b), including the optional provision permitted by the second sentence of TIA § Section 310(b)(9); provided, however, that and there shall be excluded from the operation of TIA § 310(b)(1Section 310(b) (1) any indenture or indentures under which other securities of the Issuer are outstanding if the requirements for such exclusion set forth in TIA § Section 310(b)(1) are met.

Appears in 1 contract

Sources: Indenture (Florida Power & Light Co)