Common use of Eligibility; Disqualification Clause in Contracts

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 and must have a long-term debt rating of investment grade by each of the Rating Agencies or must be acceptable to each 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 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 40 contracts

Sources: Indenture (Toyota Auto Receivables 2025-C Owner Trust), Indenture (Toyota Auto Receivables 2025-C Owner Trust), Indenture (Toyota Auto Receivables 2025-B Owner Trust)

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 and must it or its parent shall have a long-term long‑term debt rating of investment grade Baa3 or better by each of the Rating Agencies Moody’s or must shall otherwise be acceptable to each of the Rating AgenciesMoody’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 38 contracts

Sources: Indenture (Toyota Auto Receivables 2020-C Owner Trust), Indenture (Toyota Auto Receivables 2020-C Owner Trust), Indenture (Toyota Auto Receivables 2020-B Owner Trust)

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 and must it or its parent shall have a long-term debt rating of investment grade Baa3 or better by each of the Rating Agencies Moody’s or must shall otherwise be acceptable to each of the Rating AgenciesMoody’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 30 contracts

Sources: Indenture (Toyota Auto Finance Receivables LLC), Indenture (Toyota Auto Receivables 2015-C Owner Trust), Indenture (Toyota Auto Receivables 2015-C Owner Trust)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA Section § 310(a). The Indenture Trustee ) and shall in addition 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 must have a long-term debt rating of investment grade by “A” or better by, or be otherwise acceptable to, each of the Rating Agencies or must be acceptable to each of the Rating AgenciesAgency. 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 23 contracts

Sources: Indenture (BMW Vehicle Owner Trust 2023-A), Indenture (BMW Vehicle Owner Trust 2023-A), Indenture (BMW Vehicle Owner Trust 2022-A)

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 and must it or its parent shall have a long-term debt rating of investment grade “Baa3” or better by each of the Rating Agencies ▇▇▇▇▇’▇, or must be its equivalent rating or better by Fitch, or otherwise acceptable to each 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 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 22 contracts

Sources: Indenture (Nissan Auto Receivables 2017-C Owner Trust), Indenture (Nissan Auto Receivables 2017-C Owner Trust), Indenture (Nissan Auto Receivables 2016-C Owner Trust)

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 condition, and must have a long-term debt rating of investment grade by each the time deposits of the Rating Agencies or must Indenture Trustee shall be acceptable to each of the Rating Agenciesrated at least A-1 by S&P Global Ratings 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 Issuing Entity are outstanding if the requirements for such exclusion set forth in TIA Section § 310(b)(1) are met.

Appears in 20 contracts

Sources: Indenture (World Omni Auto Receivables Trust 2019-C), Indenture (World Omni Auto Receivables Trust 2019-C), Indenture (World Omni Auto Receivables LLC)

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 and must have a long-term debt rating of investment grade by each of the Rating Agencies or must be acceptable to each of the Rating Agenciescondition. 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)(1310(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 (Painewebber Mort Accept Corp Iv Ditech Home Loan Ownr 1998-1), Indenture (Master Financial Asset Securitization Trust 1998-2), Indenture (Painewebber Mort Accept Corp Iv Empire Funding 1999-1)

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 condition, and must have a long-term debt rating of investment grade by each the time deposits of the Rating Agencies or must Indenture Trustee shall be acceptable to each of the Rating Agenciesrated at least 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 Issuing Entity are outstanding if the requirements for such exclusion set forth in TIA Section § 310(b)(1) are met.

Appears in 14 contracts

Sources: Indenture (World Omni Auto Receivables Trust 2012-A), Indenture (World Omni Auto Receivables Trust 2012-A), Indenture (World Omni Auto Receivables Trust 2011-A)

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 and must it or its parent shall have a long-term debt rating of investment grade “Baa3” or better by each of the Rating Agencies ▇▇▇▇▇’▇ and “BBB” or must be better by S&P, or otherwise acceptable to each 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 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 12 contracts

Sources: Indenture (Nissan Auto Receivables 2021-a Owner Trust), Indenture (Nissan Auto Receivables 2021-a Owner Trust), Indenture (Nissan Auto Receivables Corp Ii)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA Section ss. 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 must it or its parent shall have a long-term debt rating of investment grade A or better by each of the Rating Agencies or must be acceptable to each of the Rating Agencies▇▇▇▇▇'▇. The Indenture Trustee shall comply with TIA Section ss. 310(b), including the optional provision permitted by the second sentence of TIA Section ss. 310(b)(9); provided, however, that there shall be excluded from the operation of TIA Section 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 Section ss. 310(b)(1) are met.

Appears in 10 contracts

Sources: Indenture (Residential Asset Mortgage Products Inc), Indenture (Rfmsii 2005-Hi1), Indenture (Morgan Stanley Abs Capital I Inc)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA Section ss. 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 must it or its parent shall have a long-term debt rating of investment grade A or better by each of the Rating Agencies or must be acceptable to each of the Rating AgenciesMoody's. The Indenture Trustee shall Tru▇▇▇▇ ▇hall comply with TIA Section ss. 310(b), including the optional provision permitted by the second sentence of TIA Section ss. 310(b)(9); provided, however, that there shall be excluded from the operation of TIA Section 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 Section ss. 310(b)(1) are met.

Appears in 10 contracts

Sources: Indenture (Residential Funding Mortgage Securities Ii Inc), Indenture (Residential Funding Mortgage Securities Ii Inc), Indenture (Residential Funding Mortgage Securities Ii Inc)

Eligibility; Disqualification. The This Indenture shall always have a Trustee shall at all times satisfy who satisfies the requirements of TIA Section 310(aSections 310(a)(1) and 310(a)(5). 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 published annual report of condition and must have a long-term debt rating of investment grade by each of the Rating Agencies or must be acceptable to each of the Rating Agenciescondition. 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 securities, or certificates of the interest or participation in other securities, of Issuer are outstanding outstanding, if the requirements for such exclusion set forth in TIA Section 310(b)(1) are met.

Appears in 8 contracts

Sources: Indenture (Scott Cable Communications Inc), Indenture (Scott Cable Communications Inc), Indenture (Scott Cable Communications 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 and must (unless waived by the Rating Agencies) it shall have a long-long term unsecured debt rating of that falls within an investment grade category by each of the Rating Agencies or must be acceptable to each 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 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 8 contracts

Sources: Indenture (Carvana Auto Receivables Trust 2021-P3), Indenture (Carvana Auto Receivables Trust 2021-P3), Indenture (Carvana Auto Receivables Trust 2021-N3)

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 condition, and must have a long-term debt rating of investment grade by each the time deposits of the Rating Agencies Indenture Trustee shall be rated at least A-1 by S&P Global Ratings and F1 or must be acceptable to each of the Rating AgenciesA 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 Issuing Entity are outstanding if the requirements for such exclusion set forth in TIA Section § 310(b)(1) are met.

Appears in 8 contracts

Sources: Indenture (World Omni Auto Receivables Trust 2020-C), Indenture (World Omni Auto Receivables Trust 2020-C), Indenture (World Omni Select Auto Trust 2020-A)

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 condition, and must have a long-term debt rating of investment grade by each the time deposits of the Rating Agencies or must be Indenture Trustee shall at all times meet the ratings criteria acceptable to each Rating Agency rating the Notes, so as to preclude a downgrade or the Notes and/or credit watch of the Rating AgenciesNotes with negative implications. 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 (Honda Auto Receivables 2013-2 Owner Trust), Indenture (Honda Auto Receivables 2013-2 Owner Trust), Indenture (Honda Auto Receivables 2013-1 Owner Trust)

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 50,000,000.00 as set forth in its most recent published annual report of condition condition, and must have a long-long term debt rating of investment grade or better by each of the Rating Agencies Agency or must shall otherwise be acceptable to each of the Rating AgenciesAgency. 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 (Hyundai Abs Funding LLC), Indenture (Hyundai Auto Receivables Trust 2024-A), Indenture (Hyundai Auto Receivables Trust 2024-A)

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 and must it or its parent shall have a long-term debt rating of investment grade “Baa3” or better by each of the Rating Agencies M▇▇▇▇’▇ and “BBB” or must be acceptable to each of the Rating Agencies. better by 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 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 (Renaissance Home Equity Loan Trust 2006-3), Indenture (Renaissance Home Equity Loan Trust 2006-3), Indenture (Renaissance Home Equity Loan Trust 2005-3)

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 and must it or its parent shall have a long-term debt rating of investment grade Baa3 or better by each of the Rating Agencies Moody's or must shall otherwise be acceptable to each of the Rating AgenciesMoody'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)(1310(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 (Toyota Motor Credit Receivables Corp), Indenture (Toyota Motor Credit Corp), Indenture Agreement (Onyx Acceptance Financial Corp)

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 and must it or its parent shall have a long-term debt rating of investment grade “Baa3” or better by each of the Rating Agencies ▇▇▇▇▇’▇ or must shall otherwise be acceptable to each 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 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 (Nissan Auto Receivables 2010-a Owner Trust), Indenture (Nissan Auto Receivables 2010-a Owner Trust), Indenture (Nissan Auto Receivables 2008-C Owner Trust)

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 and must it or its parent shall have a long-term debt rating of investment grade Baa3 or better by each of the Rating Agencies ▇▇▇▇▇’▇ or must shall otherwise be acceptable to each 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 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 (Toyota Lease Trust), Indenture (Toyota Auto Receivables 2010-C Owner Trust), Indenture (Toyota Auto Receivables 2010-B Owner Trust)

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 and must it or its parent shall have a long-term debt rating of investment grade Baa3 or better by each of the Rating Agencies ▇▇▇▇▇'▇ or must shall otherwise be acceptable to each 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 Section 310(b)(1310(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 (Toyota Motor Credit Corp), Indenture (Toyota Motor Credit Receivables Corp), Indenture (Toyota Auto Finance Receivables LLC)

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 condition, and must have a long-term debt rating of investment grade by each the time deposits of the Rating Agencies or must Indenture Trustee shall be acceptable to each of the Rating Agenciesrated at least A-1 by Standard & Poor's and P-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)(1310(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 (Daimlerchrysler Services North America LLC), Indenture Agreement (Morgan Stanley Abs Capital Ii Inc), Indenture (Daimlerchrysler Auto Trust 2002 A)

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 50,000,000.00 as set forth in its most recent published annual report of condition condition, and must have a long-term debt rating of investment grade by each the time deposits of the Rating Agencies or must Indenture Trustee shall be acceptable to each of the Rating Agenciesrated at least A-1 by Standard & Poor’s and P-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 5 contracts

Sources: Indenture (Hyundai Abs Funding Corp), Indenture (Hyundai Auto Receivables Trust 2006-B), Indenture (Hyundai Auto Receivables Trust 2006-A)

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 and must have a its long-term unsecured debt rating of investment grade shall be rated at least “Baa3” by each of the Rating Agencies or must be acceptable to each of the Rating AgenciesMoody’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 Issuing Entity are outstanding if the requirements for such exclusion set forth in TIA Section § 310(b)(1) are met.

Appears in 4 contracts

Sources: Indenture (John Deere Owner Trust 2015-B), Indenture (John Deere Owner Trust 2015), Indenture (John Deere Owner Trust 2014)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA Section ss. 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 must it shall have a long-long term debt rating of investment grade "Baa3" or better by each of the Rating Agencies or must be acceptable to each of the Rating AgenciesMoody's. The Indenture Trustee shall comply with TIA Section ss. 310(b), including the optional provision permitted by the second sentence of TIA Section ss. 310(b)(9); provided, however, that there shall be excluded from the operation of TIA Section 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 Section ss. 310(b)(1) are met.

Appears in 4 contracts

Sources: Indenture (SMS Student Loan Trust 2000-A), Indenture (Usa Group Secondary Market Services Inc), Indenture (Wells Fargo Student Loans Receivables I LLC)

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 and must it or its parent shall have a long-term debt rating of investment grade A or better by each of the Rating Agencies S&P, A2 or must be acceptable to each of the Rating Agenciesbetter by ▇▇▇▇▇’▇ and A 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 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 (Home Equity Mortgage Trust 2006-2), Indenture (Home Equity Mortgage Trust 2007-1), Indenture (Irwin Whole Loan Home Equity Trust 2005-B)

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 and must it or its parent shall have a long-term debt rating of investment grade A3 or better by each of the Rating Agencies Moody's or must shall otherwise be acceptable to each of the Rating AgenciesMoody'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)(1310(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 (Firstplus Investment Corp), Indenture (Firstplus Investment Corp), Indenture (Imc Home Equity Loan Owner Trust 1997-6)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA Section ss. 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 must it or its parent shall have a long-term debt rating of investment grade A2 or better by each of the Rating Agencies or must be acceptable to each of the Rating AgenciesMoody's. The Indenture Trustee shall comply with TIA Section ss. 310(b), including the incl▇▇▇▇▇ ▇he optional provision permitted by the second sentence of TIA Section ss. 310(b)(9); provided, however, that there shall be excluded from the operation of TIA Section 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 Section ss. 310(b)(1) are met.

Appears in 4 contracts

Sources: Indenture (Deutsche Alt-a Securities Inc), Indenture (Cendant Mortgage Capital LLC), Indenture (Deutsche Mortgage Securities 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 and must it or its parent shall have a long-term debt rating of investment grade "A" or better by each of the Rating Agencies S&P or must shall otherwise be acceptable to each of the Rating Agencies. 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 Section 310(b)(1310(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 (Firstplus Investment Corp), Indenture (Firstplus Investment Corp), Indenture (Firstplus Investment Corp)

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 and must it or its parent shall have a long-term debt rating of investment grade Baa3 or better by each of the Rating Agencies ▇▇▇▇▇’▇ and BBB or must be acceptable to each of the Rating Agenciesbetter by Standard & Poor’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 3 contracts

Sources: Indenture (Impac CMB Trust Series 2005-8), Indenture (Imh Assets Corp., Collateralized Asset-Backed Bonds, Series 2005-7), Indenture (IMPAC CMB Trust Series 2005-5)

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 condition, and must have a long-term debt rating of investment grade by each the time deposits of the Rating Agencies or must Indenture Trustee shall be acceptable to each of the Rating Agenciesrated at least [___] by [___] and[___] by [___]. 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 3 contracts

Sources: Indenture (World Omni Auto Receivables LLC), Indenture (World Omni Auto Receivables LLC), Indenture (World Omni Auto Receivables LLC)

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 condition, and must have a long-term debt rating of investment grade by each the time deposits of the Rating Agencies or must Indenture Trustee shall be acceptable to each of the Rating Agenciesrated at least 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 3 contracts

Sources: Indenture (World Omni Auto Receivables Trust 2005-A), Indenture (World Omni Auto Receivables LLC), Indenture (World Omni Auto Receivables Trust 2005-B)

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 and must it or its parent shall have a long-term debt rating of investment grade "Baa3" or better by each of the Rating Agencies ▇▇▇▇▇'▇ or must shall otherwise be acceptable to each 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 Section 310(b)(1310(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 (Nissan Auto Receivables 2003-B Owner Trust), Indenture (Nissan Auto Receivables 2003-C Owner Trust), Indenture (Nissan Auto Receivables 2004-a Owner Trust)

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 50,000,000.00 as set forth in its most recent published annual report of condition condition, and must have a long-term debt rating of investment grade by each the time deposits of the Rating Agencies or must Indenture Trustee shall be acceptable to each of the Rating Agenciesrated at least A-1 by Standard & Poor's and P-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)(1310(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 (Hyundai Abs Funding Corp), Indenture (Hyundai Abs Funding Corp), Indenture (Hyundai Abs Funding Corp)

Eligibility; Disqualification. The This Indenture shall always have a Trustee shall at all times satisfy who satisfies the requirements requirement of TIA Section 310(aSections 310(a)(1) and 310(a)(5). The Indenture Trustee and/or its ultimate parent entity shall have a combined capital and surplus of at least $100,000,000 as set forth in its most recent published annual report of condition. The Trustee shall have a combined capital and surplus of at least $50,000,000 150,000 as set forth in its most recent published annual report of condition and must have a long-term debt rating of investment grade by each of the Rating Agencies or must be acceptable to each of the Rating Agenciescondition. 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 securities, or certificates of interest or participation in other securities, of the Issuer Company are outstanding outstanding, if the requirements for such exclusion set forth in TIA Section 310(b)(1) are met.

Appears in 3 contracts

Sources: Indenture (Packaged Ice Inc), Indenture (Packaged Ice Inc), Indenture (Packaged Ice 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 and must have a long-term debt rating condition. The Indenture Trustee shall provide copies of investment grade by each of such reports to the Rating Agencies or must be acceptable to each of the Rating AgenciesInsurer 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 Section 310(b)(1310(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 (Sequoia HELOC Trust 2004-1), Indenture (Sequoia Residential Funding Inc), Indenture (Greenpoint Home Equity Loan Trust 1999 2)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA Section ss. 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 must it or its parent shall have a long-term debt rating of investment grade A or better by each of the Rating Agencies or must be acceptable to each of the Rating AgenciesMoody's. The Indenture Trustee shall comply with TIA Section ss. 310(b), including the optional provision permitted by the second sentence of TIA Section ss. 310(b)(9); provided, however, that there shall be excluded from the operation of TIA Section 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 Section ss. 310(b)(1) are met.

Appears in 3 contracts

Sources: Indenture (GMACM Mortgage Loan Trust 2004-Gh1), Indenture (Gmacm Home Equity Loan Trust 2005-He2), Indenture (Residential Asset Mort Prod Inc Gmacm Home Eq L N Tr 04 He2)

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 and must it or its parent shall have a long-term debt rating of investment grade “Baa3” or better by each of the Rating Agencies ▇▇▇▇▇’▇ and “BBB” or must be acceptable to each of the Rating Agencies. better by 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 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 (Renaissance Home Equity Loan Trust 2005-2), Indenture (Renaissance Home Equity Loan Trust 2007-2), Indenture (Renaissance Home Equity Loan Trust 2007-1)

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 50,000,000] as set forth in its most recent published annual report of condition and must it or its parent shall have a long-term debt rating of investment grade [Baa3] or better by each of the Rating Agencies or must be acceptable to each 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 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 3 contracts

Sources: Indenture (Shellpoint Mortgage Acceptance LLC), Indenture (Imh Assets Corp), Indenture (Impac Secured Assets Corp)

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 and must it or its parent shall have a long-term debt rating of investment grade (____) or better by each of the Rating Agencies or must be acceptable to each 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 Section 310(b)(1310(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 (Provident Bank), Indenture (Merrill Lynch Mortgage Investors Inc), Indenture (Indymac Abs Inc)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA Section ss. 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 must it or its parent shall have a long-term debt rating of investment grade A or better by each of the Rating Agencies or must be acceptable to each of the Rating AgenciesMoody's. The Indenture Trustee shall comply s▇▇▇▇ ▇▇mply with TIA Section ss. 310(b), including the optional provision permitted by the second sentence of TIA Section ss. 310(b)(9); provided, however, that there shall be excluded from the operation of TIA Section 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 Section ss. 310(b)(1) are met.

Appears in 3 contracts

Sources: Indenture (Residential Fund Mort Sec Home Loan-BCKD NTS Ser 2004-Hi1), Indenture (Residential Asset Mortgage Products Inc), Indenture (Residential Asset Mortgage Prod Inc Gmacm Mor Ln Tr 2003-Gh1)

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 50,000,000.00 as set forth in its most recent published annual report of condition condition, and must have a long-long term debt rating of investment grade or better by each of the Rating Agencies Agency or must shall otherwise be acceptable to each of the Rating AgenciesAgency. 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.. 45 (2024-B Indenture)

Appears in 2 contracts

Sources: Indenture (Hyundai Auto Receivables Trust 2024-B), Indenture (Hyundai Auto Receivables Trust 2024-B)

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 50,000,000.00 as set forth in its most recent published annual report of condition condition, and must have a long-long term debt rating of investment grade or better by each of the Rating Agencies Agency or must shall otherwise be acceptable to each of the Rating AgenciesAgency. 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.. 45 (2025-C Indenture)

Appears in 2 contracts

Sources: Indenture (Hyundai Auto Receivables Trust 2025-C), Indenture (Hyundai Auto Receivables Trust 2025-C)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA Section ss. 310(a). The Indenture Trustee 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 must it or its parent shall have a long-term debt rating of investment grade [Baa3] or better by each of the Rating Agencies or must be acceptable to each of the Rating Agencies[▇▇▇▇▇’▇]. The Indenture Trustee shall comply with TIA Section ss. 310(b), including the optional provision permitted by the second sentence of TIA Section ss. 310(b)(9); provided, however, that there shall be excluded from the operation of TIA Section ss. 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 ss. 310(b)(1) are met.

Appears in 2 contracts

Sources: Indenture (National City Mortgage Capital LLC), Indenture (Long Beach Securities Corp)

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 and must have a its long-term unsecured debt rating of investment grade shall be rated at least Baa3 by each of the Rating Agencies or must be acceptable to each of the Rating AgenciesMoody’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 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 (John Deere Owner Trust 2011), Indenture (John Deere Owner Trust 2008)

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 and must it or its parent shall have a long-term debt rating of investment grade "Baa3" or better by each of the Rating Agencies ▇▇▇▇▇'▇ and "BBB" or must be acceptable to each of the Rating Agencies. better by 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 Section 310(b)(1310(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 (Origen Residential Securities, Inc.), Indenture (Origen Manufactured Housing Contract Trust Collateralized Notes, Series 2005-A)

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 and must it or its parent shall have a long-term unsecured debt rating of investment grade A or better by each of the Rating Agencies or must be acceptable to each 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 Section 310(b)(1310(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 (Morgan Stanley Abs Capital I Inc MSDWCC Heloc Trust 2003-1), Indenture (Heloc Asset-Backed Notes Series 2003-2)

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 and must it or its parent shall have a long-term debt rating of investment grade A or better by each of the Rating Agencies Moody's or must shall otherwise be acceptable to each of the Rating AgenciesMoody'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)(1310(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 (Preferred Securitization Corp), Indenture (Firstplus Investment Corp)

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 condition, and must have a long-term debt rating of investment grade by each the time deposits of the Rating Agencies or must Indenture Trustee shall be acceptable to each of the Rating Agenciesrated at least A-1 by Standard & Poor's and P-1 by Moody's. The Indenture Trustee shall comply with TIA Section 310(b), including subject to the optional provision permitted by the second sentence of TIA Section 310(b)(9)penultimate paragraph thereof; provided, however, that there shall be excluded from the operation of TIA Section 310(b)(1310(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 (Deutsche Recreational Asset Funding Corp), Indenture (Deutsche Recreational Asset Funding Corp)

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 and must it or its parent shall have a long-term debt rating of investment grade Baa3 or better by each of the Rating Agencies Moody’s and BBB or must be acceptable to each of the Rating Agenciesbetter by Standard & Poor’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: Trust Agreement (American Home Mortgage Investment Trust 2005-4), Trust Agreement (American Home Mortgage Investment Trust 2005-4)

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 50,000,000.00 as set forth in its most recent published annual report of condition condition, and must have a long-long term debt rating of investment grade or better by each of the Rating Agencies Agency or must shall otherwise be acceptable to each of the Rating AgenciesAgency. 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.. 45 (2025-A Indenture)

Appears in 2 contracts

Sources: Indenture (Hyundai Auto Receivables Trust 2025-A), Indenture (Hyundai Auto Receivables Trust 2025-A)

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 50,000,000.00 as set forth in its most recent published annual report of condition condition, and must have a long-long term debt rating of investment grade or better by each of the Rating Agencies Agency or must shall otherwise be acceptable to each of the Rating AgenciesAgency. 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.. 45 (2024-C Indenture)

Appears in 2 contracts

Sources: Indenture (Hyundai Auto Receivables Trust 2024-C), Indenture (Hyundai Auto Receivables Trust 2024-C)

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 and must it shall have a long-long term debt rating of investment grade BBB- or better by each of the Rating Agencies Standard & Poor’s and Baa3 or must be acceptable to each of the Rating Agenciesbetter by ▇▇▇▇▇’▇. The Indenture Trustee shall provide copies of such reports to the Security Insurer upon request. The 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 (Franklin Receivables Auto Trust 2003-1), Indenture (Franklin Auto Trust 2003-2)

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 and must have a long-term debt rating of investment grade by each of the Rating Agencies or must be acceptable to each of the Rating Agenciescondition. 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)(1310(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 (Residential Asset Funding Corp), Indenture (Home Equity Securitization Corp)

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 50,000,000.00 as set forth in its most recent published annual report of condition condition, and must have a long-long term debt rating of investment grade or better by each of the Rating Agencies Agency or must shall otherwise be acceptable to each of the Rating AgenciesAgency. 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.. 45 (2025-B Indenture)

Appears in 2 contracts

Sources: Indenture (Hyundai Auto Receivables Trust 2025-B), Indenture (Hyundai Auto Receivables Trust 2025-B)

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 condition, and must have a long-term debt rating of investment grade by each the time deposits of the Rating Agencies or must Indenture Trustee shall be acceptable to each of the Rating Agenciesrated at least A-1 by Standard & Poor’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 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 (World Omni Auto Receivables Trust 2012-B), Indenture (World Omni Auto Receivables Trust 2012-B)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA Section ss. 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 must shall have a long-long term debt rating of investment grade or better by each of the Rating Agencies or must shall otherwise be acceptable to each of the Rating Agencies. The Indenture Trustee shall comply with TIA Section ss. 310(b), including the optional provision permitted by the second sentence of TIA Section ss. 310(b)(9); provided, however, provided that there shall be excluded from the operation of TIA Section 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 Section ss. 310(b)(1) are met.

Appears in 2 contracts

Sources: Indenture (M&i Dealer Auto Securitization LLC), Indenture (Bas Securitization LLC)

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 and must it or its parent shall have a long-term debt rating of investment grade "Baa3" or better by each of the Rating Agencies ▇▇▇▇▇'▇ and "BBB" or must be acceptable to each of the Rating Agencies. better by 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 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 (Origen Residential Securities, Inc.), Indenture (Origen Manufactured Housing Contract Trust 2004-B)

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 and must it or its parent shall have a long-term debt rating of investment grade "A" or better by each of the Rating Agencies or must be acceptable to each 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 Section 310(b)(1§ 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 (Residential Asset Mortgage Products Inc), Indenture (Greenpoint Mortgage Securities LLC)

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 and must it or its parent shall have a long-term long‑term debt rating of investment grade Baa3 or better by each of the Rating Agencies [Moody’s] or must shall otherwise be acceptable to each of the Rating Agencies[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 (Toyota Auto Finance Receivables LLC), Indenture (Toyota Auto Finance Receivables LLC)

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 recently published annual report of condition and must it or its parent shall have a long-term debt rating of investment grade "A" or better by each of the Rating Agencies S&P or must shall otherwise be acceptable to each of the Rating Agencies. 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 Section 310(b)(1310(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 (Firstplus Investment Corp), Indenture (Firstplus Investment Corp)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA Section ss. 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 must it or its parent shall have a long-term debt rating of investment grade [____] or better by each of the Rating Agencies or must be acceptable to each of the Rating Agencies[______]. The Indenture Trustee shall comply with TIA Section ss. 310(b), including the optional provision permitted by the second sentence of TIA Section ss. 310(b)(9); provided, however, that there shall be excluded from the operation of TIA Section ss. 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 ss. 310(b)(1) are met.

Appears in 2 contracts

Sources: Indenture (J P Morgan Acceptance Corp I), Indenture (Cwabs Inc)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA Section (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 must shall have a long-long term debt rating of investment grade or better by each of the Rating Agencies or must shall otherwise be acceptable to each of the Rating Agencies. The Indenture Trustee shall comply with TIA Section (S) 310(b), including the optional provision permitted by the second sentence of TIA Section (S) 310(b)(9); provided, however, provided that there shall be excluded from the operation of TIA Section 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 Section (S) 310(b)(1) are met.

Appears in 2 contracts

Sources: Indenture (Amsouth Auto Receivables LLC), Indenture (Amsouth Auto Corp 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 condition, and must have a long-term debt rating of investment grade by each the time deposits of the Rating Agencies or must Indenture Trustee shall be acceptable to each of the Rating Agenciesrated at least 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)(1310(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 (World Omni Auto Receivables LLC)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA Section ss. 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 must it or its parent shall have a long-term debt rating of investment grade "A" or better by each of the Rating Agencies or must be acceptable to each of the Rating AgenciesMoody's. The Indenture Trustee shall comply s▇▇▇▇ ▇▇mply with TIA Section ss. 310(b), including the optional provision permitted by the second sentence of TIA Section ss. 310(b)(9); provided, however, that there shall be excluded from the operation of TIA Section 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 Section ss. 310(b)(1) are met.

Appears in 1 contract

Sources: Indenture (Gmacm Home Equity Loan Backed Term Notes Ser 2003-He1)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA Section ss. 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 must it or its parent shall have a long-term debt rating of investment grade A or better by each of the Rating Agencies or must be acceptable to each of the Rating AgenciesMoody's. The Indenture Trustee shall comply sha▇▇ ▇▇▇▇ly with TIA Section ss. 310(b), including the optional provision permitted by the second sentence of TIA Section ss. 310(b)(9); provided, however, that there shall be excluded from the operation of TIA Section 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 Section ss. 310(b)(1) are met.

Appears in 1 contract

Sources: Indenture (Residential Asset Mortgage Products Inc)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA Section ss. 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 must it or its parent shall have a long-term debt rating of investment grade A or better by each of the Rating Agencies or must be acceptable to each of the Rating AgenciesMoody's. The Indenture Trustee Indentu▇▇ ▇▇▇stee shall comply with TIA Section ss. 310(b), including the optional provision permitted by the second sentence of TIA Section ss. 310(b)(9); provided, however, that there shall be excluded from the operation of TIA Section 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 Section ss. 310(b)(1) are met.

Appears in 1 contract

Sources: Indenture (Residential Asset Mortgage Products Inc)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA Section 310(a). The Indenture Trustee shall not be an affiliate of the Owner Trustee. 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 must it or its parent shall have a long-term debt rating of investment grade Baa3 or better by each of the Rating Agencies or must be acceptable to each 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 Section 310(b)(1310(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 (Household Consumer Loan Trust 1997-2)

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 and must it or its parent shall have a long-term debt rating of investment grade Baa3 or better by each of the Rating Agencies Moody’s and BBB or must be acceptable to each of the Rating Agenciesbetter by Standard & Poor’s. The Indenture Trustee shall comply with TIA Section § 310(b), including the optional provision permitted p▇▇▇▇▇▇▇d 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 (American Home Mortgage Investment Trust 2004-3)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA Section ss. 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 must it or its parent shall have a long-term debt rating of investment grade A or better by each of the Rating Agencies or must be acceptable to each of the Rating AgenciesMoody's. The Indenture Trustee shall comply with TIA Section 310(bss. 310(▇), including ▇ncluding the optional provision permitted by the second sentence of TIA Section ss. 310(b)(9); provided, however, that there shall be excluded from the operation of TIA Section 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 Section ss. 310(b)(1) are met.

Appears in 1 contract

Sources: Indenture (Gmacm Home Equity Loan Trust 2004-He5)

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 and must have a its long-term unsecured debt rating of investment grade shall be rated at least Baa3 by each of the Rating Agencies or must be acceptable to each of the Rating AgenciesMoody's, and at least BBB- by Standard & Poor'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)(1310(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 (Bon Ton Stores 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 and must (unless waived by Moody's Investors Service, Inc.) it shall have a long-long term debt rating unsecured d▇▇▇ ▇▇▇ing of investment grade Baa3 or better by each of the Rating Agencies or must be acceptable to each of the Rating Agencies. Moody's Investors Service, Inc. The Indenture Trustee shall comply with TIA Section wit▇ ▇▇▇ ▇ection 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 (Capital Auto Receivables 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 and must it or its parent shall have a long-term debt rating of investment grade “Baa3” or better by each of the Rating Agencies Moody’s or must shall otherwise be acceptable to each of the Rating AgenciesMoody’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 (Nissan Auto Receivables Corp Ii)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA Section ss. 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 must it or its parent shall have a long-term debt rating of investment grade A or better by each of the Rating Agencies or must be acceptable to each of the Rating AgenciesMoody's. The Indenture Trustee shall comply sh▇▇▇ ▇▇▇ply with TIA Section ss. 310(b), including the optional provision permitted by the second sentence of TIA Section ss. 310(b)(9); provided, however, that there shall be excluded from the operation of TIA Section 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 Section ss. 310(b)(1) are met.

Appears in 1 contract

Sources: Indenture (Residential Asset Mortgage Products 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)310(a)(1) of the TIA, as if this Indenture were governed by the same. The Indenture Trustee shall have a combined capital and surplus of at least $50,000,000 1,000,000, as set forth in its most recent published annual report of condition and must have a long-term debt rating of investment grade by each of the Rating Agencies or must be acceptable to each of the Rating Agenciescondition. The Indenture Trustee shall comply with TIA Section 310(b)) of the TIA, including the optional provision permitted by the second sentence of TIA Section 310(b)(9)) of the TIA, as if this Indenture were governed by the same; 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 Issuer Company are outstanding outstanding, if the requirements for such exclusion exclu sion set forth in TIA Section 310(b)(1) of the TIA are met.

Appears in 1 contract

Sources: Indenture (Specialty Chemical Resources 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 and must it or its parent shall have a long-term debt rating of investment grade Baa3 or better by each of the Rating Agencies ▇▇▇▇▇'▇ and BBB or must be acceptable to each of the Rating Agenciesbetter by Standard & Poor'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)(1310(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 1 contract

Sources: Indenture (Merrill Lynch Mortgage Investors Inc)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA Section ss. 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 must it or its parent shall have a long-term debt rating of investment grade "A" or better by each of the Rating Agencies or must be acceptable to each of the Rating Agencies▇▇▇▇▇'▇. The Indenture Trustee shall comply with TIA Section ss. 310(b), including the optional provision permitted by the second sentence of TIA Section ss. 310(b)(9); provided, however, that there shall be excluded from the operation of TIA Section 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 Section ss. 310(b)(1) are met.

Appears in 1 contract

Sources: Indenture (GMACM Home Equity Loan Trust 2004-He4)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA Section ss. 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 must it or its parent shall have a long-term unsecured debt rating of investment grade A or better by each of the Rating Agencies or must be acceptable to each of the Rating Agencies▇▇▇▇▇'▇. The Indenture Trustee shall comply with TIA Section ss. 310(b), including the optional provision permitted by the second sentence of TIA Section ss. 310(b)(9); provided, however, that there shall be excluded from the operation of TIA Section 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 Section ss. 310(b)(1) are met.

Appears in 1 contract

Sources: Indenture (Morgan Stanley ABS Capital I Inc. MSDWCC HELOC Trust 2005-1)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA Section ss. 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 must it or its parent shall have a long-term debt rating of investment grade A2 or better by each of the Rating Agencies or must be acceptable to each of the Rating AgenciesM▇▇▇▇'▇. The Indenture Trustee shall comply with TIA Section ss. 310(b), including the optional provision permitted by the second sentence of TIA Section ss. 310(b)(9); provided, however, that there shall be excluded from the operation of TIA Section ss. 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 ss. 310(b)(1) are met.

Appears in 1 contract

Sources: Indenture (Deutsche Mortgage Securities 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 condition, and must have a long-term debt rating of investment grade by each the time deposits of the Rating Agencies or must Indenture Trustee shall be acceptable to each of the Rating Agenciesrated at least A-1 by Standard & Poor's and F1+ by Fitch and P-1 by Moody's. The Indenture Trustee shall comply with TIA Section 310(b), including subject to the optional provision permitted by the second sentence of TIA Section 310(b)(9)penultimate paragraph thereof; provided, however, that there shall be excluded from the operation of TIA Section 310(b)(1310(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 (Deutsche Recreational Asset Funding Corp)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA Section ss. 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 must it or its parent shall have a long-long term debt rating of investment grade A or better by each of the Rating Agencies or must be acceptable to each of the Rating AgenciesMoody's. The Indenture Trustee shall comply s▇▇▇▇ ▇▇mply with TIA Section ss. 310(b), including the optional provision permitted by the second sentence of TIA Section ss. 310(b)(9); provided, however, that there shall be excluded from the operation of TIA Section 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 Section ss. 310(b)(1) are met.

Appears in 1 contract

Sources: Indenture (Home Loan Trust 2005-Hi3)

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 and must it or its parent shall have a long-term debt rating of investment grade [__] or better by each of the Rating Agencies [_____]or must shall otherwise be acceptable to each 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 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 (Toyota Auto Finance Receivables LLC)

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 and must it or its parent shall have a long-term debt rating of investment grade “A” or better by each of the Rating Agencies or must be acceptable to each 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 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 (Gmacm Home Equity Loan Trust 2005-He1)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA Section ss. 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 must it or its parent shall have a long-term debt rating of investment grade "A" or better by each of the Rating Agencies or must be acceptable to each of the Rating AgenciesMoody's. The Indenture Trustee shall ▇▇▇▇▇ comply with TIA Section ss. 310(b), including the optional provision permitted by the second sentence of TIA Section ss. 310(b)(9); provided, however, that there shall be excluded from the operation of TIA Section 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 Section ss. 310(b)(1) are met.

Appears in 1 contract

Sources: Indenture (Gmacm Home Equity Loan Trust 2005-He3)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA Section ss. 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 must it or its parent shall have a long-term debt rating of investment grade [____] or better by each of the Rating Agencies or must be acceptable to each of the Rating Agencies[______]. The Indenture Trustee shall comply with TIA Section ss. 310(b), including the optional provision permitted by the second sentence of TIA Section ss. 310(b)(9); provided, however, that there shall be excluded from the operation of TIA Section 310(b)(1ss. 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 ss. 310(b)(1) are met.

Appears in 1 contract

Sources: Indenture (Chase Funding Inc)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA Section ss. 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 must it or its parent shall have a long-term longterm debt rating of investment grade A or better by each of the Rating Agencies or must be acceptable to each of the Rating AgenciesMoody's. The Indenture Trustee shall comply s▇▇▇▇ ▇▇mply with TIA Section ss. 310(b), including the optional provision permitted by the second sentence of TIA Section ss. 310(b)(9); provided, however, that there shall be excluded from the operation of TIA Section 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 Section ss. 310(b)(1) are met.

Appears in 1 contract

Sources: Indenture (Residential Funding Mortgage Securities Ii 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 and must it or its parent shall have a long-term debt rating of investment grade Baa3 or better by each of the Rating Agencies ▇▇▇▇▇’▇ and BBB or must be acceptable to each of the Rating Agenciesbetter by Standard & Poor’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 Issuing Entity are outstanding if the requirements for such exclusion set forth in TIA Section § 310(b)(1) are met.

Appears in 1 contract

Sources: Indenture (GSC Capital Corp. Mortgage Trust 2006-1)

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 condition, and must have a long-term debt rating of investment grade by each the time deposits of the Rating Agencies or must Indenture Trustee shall be acceptable to each of the Rating Agenciesrated at least [ ] by [ ] and [ ] by [ ]. 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 1 contract

Sources: Indenture (World Omni Auto Receivables LLC)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA Section 310(ass.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 must it or its parent shall have a long-term debt rating of investment grade A2 or better by each of the Rating Agencies or must be acceptable to each of the Rating AgenciesMoody's. The Indenture Trustee shall comply with TIA Section 310(bss.310(b), including the inclu▇▇▇▇ ▇▇e optional provision permitted by the second sentence of TIA Section 310(b)(9ss.310(b)(9); provided, however, that there shall be excluded from the operation of TIA Section 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 Section 310(b)(1ss.310(b)(1) are met.

Appears in 1 contract

Sources: Indenture (Home Equity Loan-Backed Notes Series 2003-D)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA Section ss. 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 must it or its parent shall have a long-term debt rating of investment grade A or better by each of the Rating Agencies or must be acceptable to each of the Rating AgenciesMoody's. The Indenture Trustee Indentur▇ ▇▇▇▇tee shall comply with TIA Section ss. 310(b), including the optional provision permitted by the second sentence of TIA Section ss. 310(b)(9); provided, however, that there shall be excluded from the operation of TIA Section 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 Section ss. 310(b)(1) are met.

Appears in 1 contract

Sources: Indenture (Gmacm Home Equity Loan Trust 2003-He2)

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 and must it or its parent shall have a long-term debt rating of investment grade [____] or better by each of the Rating Agencies or must be acceptable to each 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 Section 310(b)(1310(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 (Ucfc Acceptance Corp)

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 and must have a its long-term unsecured debt rating of investment grade shall be rated at least Baa3 by each of the Rating Agencies or must be acceptable to each of the Rating AgenciesMoody's and BBB- by Standard & Poor'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)(1310(b) (1) any indenture or indentures under which other securities of the Issuer 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 (Metlife Capital Equipment Loan Trusts)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA Section ss. 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 must it or its parent shall have a long-term debt rating of investment grade A or better by each of the Rating Agencies or must be acceptable to each of the Rating AgenciesMoody's. The Indenture Trustee shall comply ▇▇▇▇▇ ▇omply with TIA Section ss. 310(b), including the optional provision permitted by the second sentence of TIA Section ss. 310(b)(9); provided, however, that there shall be excluded from the operation of TIA Section 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 Section ss. 310(b)(1) are met.

Appears in 1 contract

Sources: Indenture (Residential Asset Mort Prods Inc Gmacm Mort Ln Tr 03 Gh2)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA Section ss. 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 must it shall have a long-long term debt rating of investment grade "Baa3" or better by each of the Rating Agencies or must be acceptable to each of the Rating AgenciesMoody's. The Indenture Trustee shall comply with TIA Section ss. 310(b), including the optional provision permitted by the second sentence of TIA Section ss. 310(b)(9); provided, however, that there shall be excluded from the operation of TIA Section 310(b)(1ss. (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 ss. 310(b)(1) are met.

Appears in 1 contract

Sources: Indenture (SMS Student Loan Trust 2000-B)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA Section ss. 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 must it or its parent shall have a long-term debt rating of investment grade "A" or better by each of the Rating Agencies or must be acceptable to each of the Rating AgenciesMoody's. The Indenture Trustee shall comply with TIA Section ss. 310(b), including ▇▇▇▇uding the optional provision permitted by the second sentence of TIA Section ss. 310(b)(9); provided, however, that there shall be excluded from the operation of TIA Section 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 Section ss. 310(b)(1) are met.

Appears in 1 contract

Sources: Indenture (GMACM Home Equity Loan Trust 2006-He4)

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 and must it shall have a long-long term debt rating of investment grade BBB- or better by each of the Rating Agencies or must be acceptable to each of the Rating Agencies. The Indenture Trustee shall provide copies of such reports to the Security Insurer upon request. The 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)(1310(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 (FCC Receivables Corp)

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 condition, and must have a long-term debt rating of investment grade by each the time deposits of the Rating Agencies or must Indenture Trustee shall be acceptable to each of the Rating Agenciesrated at least A-1 by Standard & Poor's and F1+ by Fitch and P-1 by Moody's. The Indenture Trustee shall comply with TIA Section 310(b), including subject to the optional provision permitted by the second sentence of TIA Section 310(b)(9)penultimate paragraph thereof; provided, however, that there shall be excluded from the operation of TIA Section 310(b)(1310(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 (Deutsche Recreational Asset Funding Corp)

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 and must it or its parent shall have a long-term debt rating of investment grade [____] or better by each of the Rating Agencies [__________] or must shall otherwise be acceptable to each 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 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 (Toyota Auto Finance Receivables LLC)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA Section ss. 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 must it or its parent shall have a long-term debt rating of investment grade "A" or better by each of the Rating Agencies or must be acceptable to each of the Rating AgenciesMoody's. The Indenture Trustee Indentu▇▇ ▇▇▇▇tee shall comply with TIA Section ss. 310(b), including the optional provision permitted by the second sentence of TIA Section ss. 310(b)(9); provided, however, that there shall be excluded from the operation of TIA Section 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 Section ss. 310(b)(1) are met.

Appears in 1 contract

Sources: Indenture (Gmacm Home Equity Loan Trust 2004-He3)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA Section 310(a). The Indenture Trustee shall [be acceptable to the Securities Insurer and 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 must have a long-term debt rating of investment grade by each of the Rating Agencies or must be acceptable to each of the Rating Agenciescondition. The Indenture Trustee shall comply with TIA Section 310(b), including the optional provision permitted by the second sentence of TIA Section 310(b)(9310(b) (9); provided, however, that there shall be excluded from the operation of TIA Section 310(b)(1310(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)(1310(b) (1) are met.

Appears in 1 contract

Sources: Indenture (Bcap LLC)