Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA § 310(a). The 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. The Trustee shall comply with TIA § 310(b); provided, however, that there shall be excluded from the operation of TIA § 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA § 310(b)(1) are met.
Appears in 47 contracts
Sources: Indenture (Lazard Group LLC), Indenture (Credit Acceptance Corp), Indenture (Credit Acceptance Corp)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA § Section 310(a). The 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. The Trustee shall comply with TIA § Section 310(b); provided, however, that there shall be excluded from the operation of TIA § Section 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA § Section 310(b)(1) are met.
Appears in 46 contracts
Sources: Indenture (Stanley Works), Debt Securities Indenture (Black & Decker Corp), Indenture (Doane Pet Care Co)
Eligibility; Disqualification. The This Indenture shall always have a Trustee shall at all times satisfy that satisfies the requirements of TIA § 310(a310(a)(1), (2) and (5) in every respect. The Trustee shall have a combined capital and surplus of at least $50,000,000 100 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA § 310(b); provided, however, that there shall be excluded from the operation of TIA § 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA § 310(b)(1) are met.
Appears in 27 contracts
Sources: Indenture (CNX Resources Corp), Indenture (CNX Resources Corp), Indenture (CNX Resources Corp)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA § 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 50.0 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA § 310(b); provided, however, that there shall be excluded from the operation of TIA § 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA § 310(b)(1) are met.
Appears in 23 contracts
Sources: Senior Indenture (Ingersoll Rand Inc.), Senior Indenture (Ingersoll Rand Inc.), Indenture (Fossil Group, Inc.)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA § Section 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 50 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA § Section 310(b); provided, however, that there shall be excluded from the operation of TIA § Section 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA § Section 310(b)(1) are met.
Appears in 21 contracts
Sources: Indenture (Labcorp Holdings Inc.), Indenture (Laboratory Corp of America Holdings/De), Indenture (Laboratory Corp of America Holdings)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA § ss. 310(a). The 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. The Trustee shall comply with TIA § ss. 310(b); 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 or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA § ss. 310(b)(1) are met.
Appears in 21 contracts
Sources: Indenture (Rev Holdings LLC), Indenture (Rev Holdings LLC), Indenture (Contifinancial Corp)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA § 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 100 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA § 310(b); provided, however, that there shall be excluded from the operation of TIA § 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA § 310(b)(1) are met.
Appears in 21 contracts
Sources: Indenture (NBC Acquisition Corp), Indenture (New Nebraska Book Company, Inc.), Indenture (Georgia Gulf Corp /De/)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA § Section 310(a). The 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. The Trustee shall comply with TIA § Section 310(b); providedPROVIDED, howeverHOWEVER, that there shall be excluded from the operation of TIA § Section 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA § Section 310(b)(1) are met.
Appears in 20 contracts
Sources: Indenture (Dominion Resources Inc /Va/), Indenture (Consolidated Natural Gas Co/Va), Indenture (American Pacific Corp)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA § Section 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 100 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA § Section 310(b); provided, however, that there shall be excluded from the operation of TIA § Section 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA § Section 310(b)(1) are met.
Appears in 17 contracts
Sources: Indenture (Pier 1 Imports Inc/De), Indenture (Pier 1 Imports Inc/De), Indenture (HCRC Inc)
Eligibility; Disqualification. The This Indenture shall always have a Trustee shall at all times satisfy that satisfies the requirements of TIA § 310(a310(a)(1), (2) and (5) in every respect. The Trustee shall have a combined capital and surplus of at least $50,000,000 100 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA § 310(b); provided, however, that there shall be excluded from the operation of TIA § 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company Issuer are outstanding if the requirements for such exclusion set forth in TIA § 310(b)(1) are met.
Appears in 13 contracts
Sources: Indenture (Ultra Petroleum Corp), Exchange Agreement (Ultra Petroleum Corp), Indenture (Ultra Petroleum Corp)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA § 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 100.0 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA § 310(b); provided, however, that there shall be excluded from the operation of TIA § 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA § 310(b)(1) are met.
Appears in 12 contracts
Sources: Indenture (Keurig Dr Pepper Inc.), Indenture (Dr Pepper/Seven Up Beverage Sales Co), Indenture (234DP Aviation, LLC)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA § Section 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 100,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA § Section 310(b); provided, however, that there shall be excluded from the operation of TIA § Section 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA § Section 310(b)(1) are met.
Appears in 11 contracts
Sources: Indenture (Grey Wolf Inc), Indenture (Grey Wolf Inc), Indenture (Wesco International Inc)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA § 310(aSection 310(a)(1) and (5). The 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. The Trustee shall comply with be deemed to be subject to TIA § Section 310(b); provided, however, that there . If the Trustee has or shall be excluded from acquire a conflicting interest within the operation of TIA § 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities meaning of the Company are outstanding if TIA, the requirements for Trustee must either eliminate such exclusion set forth interest within 90 days or resign, to the extent and in the manner provided by, and subject to the provisions of, the TIA § 310(b)(1) are metand this Indenture.
Appears in 11 contracts
Sources: Indenture (Sealed Air Corp/De), Indenture (Sealed Air Corp/De), Indenture (Sealed Air Corp/De)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA § 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 100,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA § 310(b); provided, however, that there shall be excluded from the operation of TIA § 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA § 310(b)(1) are met.
Appears in 9 contracts
Sources: Indenture (864 Beverage, Inc.), Indenture (Venoco, Inc.), Indenture (Venoco, Inc.)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA § Section 310(a). The 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. The Trustee shall comply with TIA § Section 310(b); provided, however, that there shall be excluded from the operation of TIA § Section 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company Issuers are outstanding if the requirements for such exclusion set forth in TIA § Section 310(b)(1) are met.
Appears in 9 contracts
Sources: Indenture (Associated Materials, LLC), Senior Note Indenture (Iridium Capital Corp), Indenture (United States Steel Corp)
Eligibility; Disqualification. The This Indenture shall always have a Trustee shall at all times satisfy that satisfies the requirements of TIA § 310(a)310 in every respect. The Trustee shall have a combined capital and surplus of at least $50,000,000 100 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA § 310(b); provided, however, that there shall be excluded from the operation of TIA § 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA § 310(b)(1) are met.
Appears in 8 contracts
Sources: Indenture (Gibraltar Industries, Inc.), Indenture (Libbey Inc), Indenture (Libbey Inc)
Eligibility; Disqualification. The This Indenture shall always have a Trustee shall at all times satisfy who satisfies the requirements of TIA § 310(a)310(a)(1) and (2) in every respect. The Trustee shall have a combined capital and surplus of at least $50,000,000 100,000,000 as set forth in its the most recent applicable published annual report of condition. The Trustee shall comply with TIA § 310(b); provided, however, that there shall be excluded from the operation of TIA § 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company Issuer are outstanding if the requirements for such exclusion set forth in TIA § 310(b)(1) are met.
Appears in 8 contracts
Sources: Indenture (Crown Holdings, Inc.), Indenture (Crown Holdings, Inc.), Indenture (Crown Holdings, Inc.)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA § 310(a). The 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. The Trustee shall comply with TIA § 310(b); provided, however, that there shall be excluded from the operation of TIA § 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company Issuer are outstanding if the requirements for such exclusion set forth in TIA § 310(b)(1) are met.
Appears in 8 contracts
Sources: Indenture (Century Communities, Inc.), Indenture (Century Communities, Inc.), Indenture (Century Communities, Inc.)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA § 310(a). The 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. The Trustee shall comply with TIA § 310(b); provided, however, that there shall be excluded from the operation of TIA § 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company Issuers are outstanding if the requirements for such exclusion set forth in TIA § 310(b)(1) are met.
Appears in 8 contracts
Sources: Indenture (Urs Corp /New/), Indenture (Bz Intermediate Holdings LLC), Indenture (Bz Intermediate Holdings LLC)
Eligibility; Disqualification. The This Indenture shall always have a Trustee shall at all times satisfy who satisfies the requirements of TIA § 310(a)310(a)(1) and (2) in every respect. The Trustee shall have a combined capital and surplus of at least $50,000,000 100,000,000 as set forth in its the most recent applicable published annual report of condition. The Trustee shall comply with TIA § 310(b); provided, however, that there shall be excluded from the operation of TIA § 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company Issuers are outstanding if the requirements for such exclusion set forth in TIA § 310(b)(1) are met.
Appears in 7 contracts
Sources: Indenture (Crown Holdings Inc), Indenture (Crown Holdings Inc), Indenture (Crown Holdings Inc)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA § ss. 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 100 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA § ss. 310(b); 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 or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA § ss. 310(b)(1) are met.
Appears in 7 contracts
Sources: Indenture (Nebraska Book Co), Indenture (Fah Co Inc), Indenture (Chemed Corp)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA § Section 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 50.0 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA § Section 310(b); provided, however, that there shall be excluded from the operation of TIA § Section 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA § Section 310(b)(1) are met.
Appears in 6 contracts
Sources: Indenture (Eye Care Centers of America Inc), Indenture (Day International Group Inc), Indenture (Telex Communications Inc)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA § 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 50 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA § 310(b); provided, however, that there shall be excluded from the operation of TIA § 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA § 310(b)(1) are met.
Appears in 5 contracts
Sources: Indenture (MDC Partners Inc), Indenture (MDC Partners Inc), Indenture (Southwestern Energy Co)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA § 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 100 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA § 310(b); provided, however, that there shall be excluded from the operation of TIA § 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company Issuers are outstanding if the requirements for such exclusion set forth in TIA § 310(b)(1) are met. This Indenture will always have a Trustee that satisfies the requirements of TIA § 310(a)(1), (2) and (5).
Appears in 5 contracts
Sources: Indenture (Star Gas Partners Lp), Indenture (Star Gas Partners Lp), Indenture (Star Gas Finance Co)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA § 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 U.S.$50,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA § 310(b); provided, however, that there shall be excluded from the operation of TIA § 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company Issuer are outstanding if the requirements for such exclusion set forth in TIA § 310(b)(1) are met.
Appears in 5 contracts
Sources: Indenture (Suzano Austria GmbH), Indenture (Suzano Austria GmbH), Indenture
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA § ss. 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 50 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA § ss. 310(b); 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 or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA § ss. 310(b)(1) are met.
Appears in 5 contracts
Sources: Indenture (Mounger Corp), Indenture (Flag Telecom Holdings LTD), Indenture (Apogent Technologies Inc)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA § Section 310(a). The 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. The Trustee shall comply with TIA § Section 310(b); provided, however, that there shall be excluded from the operation of TIA § Section 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company 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 Agreement (Usx Corp), Indenture (Phoenix Md Realty LLC), Indenture (Spectrasite Holdings Inc)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA § 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 U.S.$50.0 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA § 310(b); 310(b); provided, however, that there shall be excluded from the operation of TIA § 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA § 310(b)(1) are met.
Appears in 4 contracts
Sources: Indenture (Arazi S.a r.l.), Indenture (Arazi S.a r.l.), Indenture (Arazi S.a r.l.)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA § 310(aSections 310(a)(1) and 310(a)(2). The 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. The Trustee shall comply with TIA § Section 310(b); provided. In determining whether the Trustee has conflicting interests as defined in TIA Section 310(b)(1), however, that there the provisions contained in the proviso to TIA Section 310(b)(1) shall be excluded from the operation of TIA § 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA § 310(b)(1) are metdeemed incorporated herein.
Appears in 4 contracts
Sources: Indenture (Met Ed Capital Trust), Indenture (Pennsylvania Electric Co), Indenture (Metropolitan Edison Co)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA § Section 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 25,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA § Section 310(b); provided, however, that there shall be excluded from the operation of TIA § Section 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA § Section 310(b)(1) are met.
Appears in 4 contracts
Sources: Indenture (Oxford Automotive Inc), Indenture (BMG North America LTD), Indenture (Nibco Inc)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA § (S) 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 100 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA § (S) 310(b); provided, however, that there shall be excluded from the operation of TIA § (S) 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA § (S) 310(b)(1) are met.
Appears in 4 contracts
Sources: Indenture (Plains Resources Inc), Indenture (Plains Exploration & Production Co L P), Indenture (Jiffy Lube International Inc)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA § ss. 310(a). The 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. The Trustee shall comply with TIA § ss. 310(b); provided, however, that there shall be excluded from the operation of TIA § ss. 310(b)(1) and any indenture or indentures under which other securities or certificates of interest or participation in other securities of the either Company are outstanding if the requirements for such exclusion set forth in TIA § ss. 310(b)(1) are met.
Appears in 4 contracts
Sources: Indenture (Rj Reynolds Tobacco Holdings Inc), Indenture (RJR Acquisition Corp), Indenture (Rj Reynolds Tobacco Holdings Inc)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA § section 310(a). The 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. The Trustee shall comply with TIA § section 310(b); provided, however, that there shall be excluded from the operation of TIA § section 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA § section 310(b)(1) are met.
Appears in 4 contracts
Sources: Indenture (Stanley Works), Indenture (Winstar Communications Inc), Indenture (Coors Adolph Co)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA § 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 U.S.$50,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA § 310(b); provided, however, that there shall be excluded from the operation of TIA § 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA § 310(b)(1) are met.
Appears in 4 contracts
Sources: Indenture (Iusacell S a De C V), Indenture (Inmobiliaria Montes Urales 460 S a De C V), Indenture (Iusacell S a De C V)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA § ss. 310(a). The 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. The Trustee shall comply with TIA § ss. 310(b); 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 or certificates of interest or participation in other securities of the Company Issuer are outstanding if the requirements for such exclusion set forth in TIA § ss. 310(b)(1) are met.
Appears in 4 contracts
Sources: Indenture (Spectrasite Holdings Inc), Indenture (Spectrasite Holdings Inc), Indenture (Spectrasite Inc)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA § Section 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 50.0 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA § Section 310(b); provided, however, that there shall be excluded from the operation of TIA § Section 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA § Section 310(b)(1) are met.
Appears in 4 contracts
Sources: Indenture (Denbury Resources Inc), Indenture (Concorde Gas Marketing Inc), Indenture (Denbury Management Inc)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA § Section 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 100,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA § Section 310(b); provided, however, that there shall be excluded from the operation of TIA § Section 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company any 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 (Jones Group Inc), Indenture (JAG FOOTWEAR, ACCESSORIES & RETAIL Corp), Indenture (Jones Apparel Group Inc)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA § §310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 100 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA § §310(b); provided, however, that there shall be excluded from the operation of TIA § §310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA § §310(b)(1) are met.
Appears in 3 contracts
Sources: Indenture (Newmont Mining Corp /De/), Indenture (Newmont Mining Corp /De/), Indenture (Newmont Mining Corp /De/)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA § 310(a). The Trustee shall have a combined capital and surplus (together with its corporate parent) of at least $50,000,000 50.0 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA § 310(b); provided, however, that there shall be excluded from the operation of TIA § 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA § 310(b)(1) are met.
Appears in 3 contracts
Sources: Indenture (CONSOL Energy Inc), Indenture (CONSOL Energy Inc), Indenture (CONSOL Energy Inc)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA § 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 50 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA § 310(b); provided, however, that there shall be excluded from the operation of TIA § 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company Issuers are outstanding if the requirements for such exclusion set forth in TIA § 310(b)(1) are met.
Appears in 3 contracts
Sources: Indenture (Elan Corp PLC), Indenture (Elan Corp PLC), Indenture (Elan Corp PLC)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA § Section 310(a)) of the TIA. The 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. The Trustee shall comply with TIA § Section 310(b)) of the TIA; provided, however, that there shall be excluded from the operation of TIA § Section 310(b)(1) of the TIA any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA § Section 310(b)(1) of the TIA are met.
Appears in 3 contracts
Sources: Indenture (Otelco Inc.), Indenture (Brindlee Mountain Telephone Co), Indenture (Otelco Telecommunications LLC)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA § 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 US$150 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA § 310(b); provided, however, that there shall be excluded from the operation of TIA § 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA § 310(b)(1) are met.
Appears in 3 contracts
Sources: Indenture (Homex Development Corp.), Indenture (Homex Development Corp.), Indenture (Homex Development Corp.)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA § 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 100 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA § 310(b); provided, however, that there shall be excluded from the operation of TIA § 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding outstanding, if the requirements for such exclusion set forth in TIA § 310(b)(1) are met.
Appears in 3 contracts
Sources: Indenture (Hornbeck Offshore Services Inc /La), Indenture (Goodrich Petroleum Corp), Indenture (Cogent Communications Group Inc)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA § 310(aSection 310(a)(1). The 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. Neither the Company nor any person directly or indirectly controlling, controlled by or under common control with the Company shall serve as Trustee hereunder. The Trustee shall comply with TIA § Section 310(b); provided, however, that there shall be excluded from the operation of TIA § 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA § 310(b)(1) are met.
Appears in 3 contracts
Sources: Indenture (FMC Corp), Indenture (Wellpoint Health Networks Inc /Ca/), Indenture (Wellpoint Health Networks Inc /Ca/)
Eligibility; Disqualification. The Trustee Indenture shall at all times satisfy have a Trustee that satisfies the requirements of TIA § Section 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 100 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA § Section 310(b); provided, however, that there shall be excluded from the operation of TIA § Section 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA § Section 310(b)(1) are met.
Appears in 3 contracts
Sources: Indenture (H R Window Supply Inc), Indenture (Atlas Air Inc), Indenture (Atlas Air Inc)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA § 310(a). The 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. The Trustee shall comply with TIA § 310(b); provided, however, that there shall be excluded from the operation of TIA § 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company Issuer are outstanding if the requirements for such exclusion set forth in TIA § 310(b)(1310 (b)(1) are met.
Appears in 3 contracts
Sources: Indenture (Central European Media Enterprises LTD), Indenture (Central European Media Enterprises N.V.), Indenture (CME Media Enterprises B.V.)
Eligibility; Disqualification. The This Indenture shall always have a Trustee shall at all times satisfy that satisfies the requirements of TIA § 310(a)310 in every respect. The Trustee shall have a combined capital and surplus of at least $50,000,000 50 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA § 310(b); provided, however, that there shall be excluded from the operation of TIA § 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA § 310(b)(1) are met.
Appears in 3 contracts
Sources: Indenture (Eye Care Centers of America Inc), Indenture (Deluxe Corp), Indenture (Conexant Systems Inc)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA § ss. 310(a). The 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. The Trustee shall comply with TIA § ss. 310(b); 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 or certificates of interest or participation in other securities of the Company Issuers are outstanding if the requirements for such exclusion set forth in TIA § ss. 310(b)(1) are met.
Appears in 3 contracts
Sources: Indenture (NSM Steel Co LTD), Indenture (NSM Steel Co LTD), Indenture (NSM Steel Co LTD)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA § ss. 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 400 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA § ss. 310(b); 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 or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA § ss. 310(b)(1) are met.
Appears in 3 contracts
Sources: Indenture (MBW Foods Inc), Indenture (Windy Hill Pet Food Co Inc), Indenture (Aurora Foods Inc /Md/)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA § §310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 50.0 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA § §310(b); provided, however, that there shall be excluded from the operation of TIA § §310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA § §310(b)(1) are met.
Appears in 2 contracts
Sources: Indenture (Especialty Brands LLC), Indenture (Mothers Work Inc)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA § 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 100,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA § 310(b); provided, however, that there shall be excluded from the operation of TIA § 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company or the Guarantors are outstanding if the requirements for such exclusion set forth in TIA § 310(b)(1) are met.
Appears in 2 contracts
Sources: Indenture (Amrize LTD), Indenture (Amrize LTD)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA § 310(a). The 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. The Trustee shall comply with TIA § 310(b); provided, however, that there shall be excluded from the operation of TIA § 310(b)(1) any Series of Securities and any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA § 310(b)(1) are met.
Appears in 2 contracts
Sources: Indenture (Goodyear Tire & Rubber Co /Oh/), Indenture (Goodyear Export Inc.)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA § 310(a). The 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. The Trustee shall comply with TIA § 310(b); provided, however, that there shall be excluded from the operation of TIA § 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company Terra Capital are outstanding if the requirements for such exclusion set forth in TIA § 310(b)(1) are met.
Appears in 2 contracts
Sources: Indenture (Terra Investment Fund LLC), Indenture (Terra Industries Inc)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA § 310(a(S) 310(a)(1), (2) and (5). The Trustee and its direct parent or, in the case of a corporation included in a bank holding company system, the related bank holding company, 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. The Trustee shall comply with TIA § (S) 310(b); provided, however, that there shall be excluded from the operation of TIA § 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA § 310(b)(1) are met.
Appears in 2 contracts
Sources: Purchase Agreement (Apollo Investment Fund Iv Lp), Indenture (Total Renal Care Holdings Inc)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA § ss. 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 150 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA § ss. 310(b); 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 or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA § ss. 310(b)(1) are met.
Appears in 2 contracts
Sources: Indenture (Constar International Inc), Indenture (Constar Inc)
Eligibility; Disqualification. The This Indenture shall always have a Trustee shall at all times satisfy who satisfies the requirements of TIA § Section 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 25 million as set forth in its most recent published annual report of condition. The Trustee shall comply with is subject to TIA § Section 310(b); provided, however, that there shall be excluded from the operation of TIA § Section 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA § Section 310(b)(1) are met.
Appears in 2 contracts
Sources: Indenture (Graphic Packaging Corp), Indenture (Agco Corp /De)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA § Section 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 400 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA § Section 310(b); provided, however, that there shall be excluded from the operation of TIA § Section 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA § Section 310(b)(1) are met.
Appears in 2 contracts
Sources: Indenture (Doane Pet Care Enterprises Inc), Indenture (Aurora Foods Inc /De/)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA § 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 100 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA § 310(b); provided, howeverhowever , that there shall be excluded from the operation of TIA § 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA § 310(b)(1) are met.
Appears in 2 contracts
Sources: Indenture (Trinity Industries Inc), Indenture (Trinity Industries Inc)
Eligibility; Disqualification. The Trustee shall at ----------------------------- all times satisfy the requirements of TIA § (S) 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 100 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA § (S) 310(b); provided, however, that there shall be excluded from the operation of TIA § (S) 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA § (S) 310(b)(1) are met.
Appears in 2 contracts
Sources: Indenture (BGF Industries Inc), Indenture (Applied Business Telecommunications)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA § 310(ass.310(a). The 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. The Trustee shall comply with TIA § 310(bss.310(b); 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 or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA § 310(b)(1ss.310(b)(1) are met.
Appears in 2 contracts
Sources: Indenture (Wolverine Tube Inc), Indenture (Mediq Inc)
Eligibility; Disqualification. The This Indenture shall always have a Trustee shall at all times satisfy that satisfies the requirements of TIA § 310(a)310 in every respect. The Trustee shall have a combined capital and surplus of at least $50,000,000 50.0 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA § 310(b); provided, however, that there shall be excluded from the operation of TIA § 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA § 310(b)(1) are met.
Appears in 2 contracts
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA § 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 100,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA § 310(b); provided, however, that there shall be excluded from the operation of TIA § 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company Issuers are outstanding if the requirements for such exclusion set forth in TIA § 310(b)(1) are met.
Appears in 2 contracts
Sources: Indenture (Tronox Inc), Indenture (Tronox Inc)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA § 310(ass. 310(a)(1), (2) and (5). The Trustee and its direct parent or, in the case of a corporation included in a bank holding company system, the related bank holding company, 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. The Trustee shall comply with TIA § ss. 310(b); provided, however, that there shall be excluded from the operation of TIA § 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA § 310(b)(1) are met.
Appears in 2 contracts
Sources: Indenture (Cellular Communications International Inc), Indenture (Cellular Communications International Inc)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA § Section 310(a)) of the TIA. The Trustee shall have a combined capital and surplus of at least $50,000,000 U.S.$50,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA § Section 310(b)) of the TIA; provided, however, that there shall be excluded from the operation of TIA § Section 310(b)(1) of the TIA any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA § Section 310(b)(1) of the TIA are met.
Appears in 2 contracts
Sources: Indenture (Mexican Cellular Holding, Inc.), Indenture (Grupo Iusacell Sa De Cv)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA § (S) 310(a). The 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. The Trustee shall comply with TIA § (S) 310(b); provided, however, that there shall be excluded from the operation of TIA § (S) 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company AK Steel are outstanding if the requirements for such exclusion set forth in TIA § (S) 310(b)(1) are met.
Appears in 2 contracts
Sources: Indenture (Ak Steel Holding Corp), Indenture (Ak Steel Holding Corp)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA § 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 50.0 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA § 310(b); provided, however, that there shall be excluded from the operation of TIA § 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company Issuer are outstanding if the requirements for such exclusion set forth in TIA § 310(b)(1) are met.
Appears in 2 contracts
Sources: Indenture (Harman International Industries Inc /De/), Indenture (Harman International Industries Inc /De/)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA § Section 310(a)) of the TIA. The Trustee shall have a combined capital and surplus of at least $50,000,000 50 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA § Section 310(b)) of the TIA; provided, however, that there shall be excluded from the operation of TIA § Section 310(b)(1) of the TIA any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA § Section 310(b)(1) of the TIA are met.
Appears in 2 contracts
Sources: Indenture (United States Can Company /De/), Indenture (Us Can Corp)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA § ss. 310(a). The 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. The Trustee shall comply with TIA § ss. 310(b); 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 or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA § 310(b)(1ss.310(b)(1) are met.
Appears in 1 contract
Sources: Indenture (Bremen Bearings Inc)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA § Section 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 100,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA § Section 310(b); provided12rovided, however, that there shall be excluded from the operation of TIA § Section 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company any 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 (Jones Apparel Group Inc)
Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA § Section 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. 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)(1,
(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company 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 (HFC Revolving Corp Household Home Equity Ln Tr 2003 1)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA § 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 100 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA § 310(b); provided, however, that there shall be excluded from the operation of TIA § 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding outstanding, including the indenture governing the Company’s 6.125% Senior Notes due 2014, if the requirements for such exclusion set forth in TIA § 310(b)(1) are met.
Appears in 1 contract
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA § 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 10,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA § 310(b); provided, however, that there shall be excluded from the operation of TIA § 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA § 310(b)(1) are met.
Appears in 1 contract
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA § Section 310(a). The 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. The Trustee shall comply with TIA § Section 310(b); provided, however, that there shall be excluded from the operation of TIA § Section 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding out standing if the requirements for such exclusion set forth in TIA § Section 310(b)(1) are met.
Appears in 1 contract
Sources: Indenture (MBS Multimode Inc)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA § ss. 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 50.0 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA § TIAss. 310(b); provided, however, that there shall be excluded from the operation of TIA § TIAss. 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA § TIAss. 310(b)(1) are met.
Appears in 1 contract
Sources: Indenture (Gutbusters Pty LTD)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA § Section 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 100 million as set forth in its most recent recently published annual report of condition. The Trustee shall comply with TIA § Section 310(b); provided, however, that there shall be excluded from the operation of TIA § Section 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA § Section 310(b)(1) are met.
Appears in 1 contract
Sources: Indenture (Res Care Inc /Ky/)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA § 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 100 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA § Section 310(b); provided, however, that there shall be excluded from the operation of TIA § Section 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of either of the Company Issuers are outstanding if the requirements for such exclusion set forth in TIA § 310(b)(1Section 310(b)(l) are met.
Appears in 1 contract
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA § Section 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 10 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA § Section 310(b); provided, however, that there shall be excluded from the operation of TIA § Section 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA § Section 310(b)(1) are met.
Appears in 1 contract
Sources: Indenture (Callon Petroleum Co)
Eligibility; Disqualification. The This Indenture shall always have a Trustee shall at all times satisfy who satisfies the requirements of TIA § 310(aSection 310(a)(1). The Trustee shall always have a combined capital and surplus of at least $50,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA § Section 310(b); provided, however, provided that there shall be excluded from the operation of TIA § Section -------- 310(b)(1) any indenture or indentures under which other securities securities, or certificates of interest or participation in other securities securities, of the Company are outstanding if and meeting the requirements for such exclusion set forth in TIA § Section 310(b)(1) are met).
Appears in 1 contract
Sources: Indenture (Us Oncology Inc)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA § Section 310(a). The 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. The Trustee shall comply with TIA § Section 310(b); provided, however, that there shall be excluded from the operation of TIA § Section 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are 73 73 outstanding if the requirements for such exclusion set forth in TIA § Section 310(b)(1) are met.
Appears in 1 contract
Sources: Indenture (Ixc Communications Inc)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA § (S) 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 400 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA § (S) 310(b); provided, however, that there shall be excluded from the operation of TIA § (S) 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA § (S) 310(b)(1) are met.
Appears in 1 contract
Sources: Indenture (Harman International Industries Inc /De/)
Eligibility; Disqualification. The Trustee shall at ------------------------------ all times satisfy the requirements of TIA § . 310(a). The 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. The Trustee shall comply with TIA § . 310(b); provided, however, that there shall be excluded from the operation of -------- ------- TIA § 310(b)(1. 310(b)
(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding out standing if the requirements for such exclusion set forth in TIA § . 310(b)(1) are met.
Appears in 1 contract
Eligibility; Disqualification. The Trustee shall at all ----------------------------- times satisfy the requirements of TIA § ' 310(a). The 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. The Trustee shall comply with TIA § ' 310(b); provided, however, that there shall be excluded from the operation of TIA § 310(b)(1' 310(b)
(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA § ' 310(b)(1) are met.
Appears in 1 contract
Sources: Indenture (Rev Holdings Inc)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA § 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 100 million as set forth in its most recent recently published annual report of condition. The Trustee shall comply with TIA § 310(b); provided, however, that there shall be excluded from the operation of TIA § 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA § 310(b)(1) are met.
Appears in 1 contract
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA § (S) 310(a). The 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. The Trustee shall comply with TIA § (S) 310(b); provided, however, that there shall be excluded from the operation of TIA § (S) 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA § (S) 310(b)(1) are met.
Appears in 1 contract
Sources: Indenture (Texon International PLC)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA § 310(aSection 310(a)(1), (2) and (5). The 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. The Trustee shall comply with TIA § Section 310(b); provided, however, that there shall be excluded from the operation of TIA § Section 310(b)(1) any indenture or indentures under which other securities securities, or certificates of interest or participation in other securities securities, of the Company are outstanding outstanding, if the requirements for such exclusion set forth in TIA § Section 310(b)(1) are met.
Appears in 1 contract
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA § 310(a(S) 310(a)(1), (2) and (5). The Trustee (or in the case of a corporation included in a bank holding company system, the related bank holding company) shall have a combined capital and surplus of at least $50,000,000 25,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA § (S) 310(b); provided, however, that there shall be excluded from the operation of TIA § 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA § 310(b)(1) are met.
Appears in 1 contract
Sources: Indenture (City Truck Holdings Inc)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA § ss. 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 50 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA § ss. 310(b); 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 or certificates of interest or participation in other securities of the Company are outstanding outstanding, if the requirements for such exclusion set forth in TIA § ss. 310(b)(1) are met.
Appears in 1 contract
Eligibility; Disqualification. The This Indenture shall always have a Trustee shall at all times satisfy who satisfies the requirements of TIA § 310(aSection 310(a)(1). The Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most recent recent, published annual report of condition. The Trustee shall comply with TIA § Section 310(b); provided, however, that there shall be excluded from the operation of TIA § Section 310(b)(1) any indenture or indentures under which other securities securities, or certificates of interest or participation in other securities securities, of the Company are outstanding outstanding, if the requirements for such exclusion set forth in TIA § Section 310(b)(1) are met.
Appears in 1 contract
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA § 310(a). The Trustee shall have a combined capital and surplus of at least $US$50,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA § 310(b); provided, however, that there shall be excluded from the operation of TIA § 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA § 310(b)(1) are met.
Appears in 1 contract
Sources: Indenture (Axtel Sab De Cv)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA § 310(aSection 310(a)(1) and Section 310(a)(2). The Trustee shall have a combined capital and surplus of at least $50,000,000 50.0 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA § Section 310(b); provided, however, that there shall be excluded from the operation of TIA § Section 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA § Section 310(b)(1) are met.
Appears in 1 contract
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA § 310(a). The Trustee shall have a combined capital and surplus of at least One Hundred Million ($50,000,000 100,000,000) as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA § 310(b); provided, however, that there shall be excluded from the operation of TIA § 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding outstanding, including the Original Indenture and the Indenture governing the Company’s 4.125% Convertible Subordinated Notes due December 21, 2008, if the requirements for such exclusion set forth in TIA § 310(b)(1) are met.
Appears in 1 contract
Sources: First Supplemental Indenture (Veeco Instruments Inc)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA § Section 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 50.0 million as set forth in its most recent published annual report of condition. The Trustee shall comply with TIA § Section 310(b); providedPROVIDED, howeverHOWEVER, that there shall be excluded from the operation of TIA § Section 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA § Section 310(b)(1) are met.
Appears in 1 contract
Sources: Indenture (Kelley Oil & Gas Corp)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA § Section 310(a). The 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. The Trustee shall comply with TIA § Section 310(b); providedPROVIDED, howeverHOWEVER, that there shall be excluded from the operation of TIA § Section 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company 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 (Coca Cola Bottling Co Consolidated /De/)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA § 310(a). The 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. The Trustee shall comply with TIA § 310(b); provided, however, that there shall be excluded from the operation of TIA § 310(b)(1) and any indenture or indentures under which other securities or certificates of interest or participation in other securities of the either Company are outstanding if the requirements for such exclusion set forth in TIA § 310(b)(1) are met.
Appears in 1 contract
Sources: Indenture (Reynolds American Inc)
Eligibility; Disqualification. The Trustee shall at ------------------------------ all times satisfy the requirements of TIA § 310(a). The 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. The Trustee shall comply with TIA § 310(b); provided, however, that there shall be excluded from the operation of -------- ------- TIA § 310(b)(1310(b)
(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA § 310(b)(1) are met.
Appears in 1 contract
Sources: Indenture (Cytec Industries Inc/De/)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA § Section 310(a). The 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. The Trustee shall comply with TIA § Section 310(b); provided, however, that there shall be excluded from the operation of TIA § Section 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are 102 outstanding if the requirements for such exclusion set forth in TIA § Section 310(b)(1) are met.
Appears in 1 contract
Sources: Indenture (Encore Acquisition Co)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA § SECTION 310(a). The 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. The Trustee shall comply with TIA § SECTION 310(b); provided, however, that there shall be excluded from the operation of TIA § SECTION 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA § SECTION 310(b)(1) are met.
Appears in 1 contract
Sources: Indenture (Hexcel Corp /De/)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA § Section 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 as set forth in its most 72 66 recent published annual report of condition. The Trustee shall comply with TIA § Section 310(b); provided, however, that there shall be excluded from the operation of TIA § Section 310(b)(1) any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Company Issuers are outstanding if the requirements for such exclusion set forth in TIA § Section 310(b)(1) are met.
Appears in 1 contract
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA § ss. 310(a). The Trustee shall have a combined capital and surplus of at least $50,000,000 50.0 million as set forth in its most recent recently published annual report of condition. The Trustee shall comply with TIA § ss. 310(b); 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 or certificates of interest or participation in other securities of the Company are outstanding if the requirements for such exclusion set forth in TIA § ss. 310(b)(1) are met.
Appears in 1 contract
Sources: Indenture (Shaw Group Inc)
Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA § Section 310(a). The 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. The Trustee shall comply with TIA § Section 310(b); provided, however, that there shall be excluded from the operation of TIA § Section 310(b)(1) any indenture or indentures under which other securities Securities or certificates of interest or participation in other securities Securities of the Company 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 (Umt Holdings Lp)