Common use of Eligibility; Disqualification Clause in Contracts

Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of Section 310(a) of the TIA. The Trustee shall have a combined capital and surplus of at least $100 million as set forth in its most recent published annual report of condition. The Trustee shall comply with Section 310(b) of the TIA, subject to its right to apply for a stay of its duty to resign under the penultimate paragraph of Section 310(b) of the TIA; provided, however, that there shall be excluded from the operation of Section 310(b)(1) of the TIA any series of securities issued under this Indenture and any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Issuers are outstanding if the requirements for such exclusion set forth in Section 310(b)(1) of the TIA are met.

Appears in 37 contracts

Sources: Indenture (Garrett Motion Inc.), Supplemental Indenture (Stars Group Inc.), Indenture (Stars Group Inc.)

Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of Section 310(a) of the TIA. The Trustee shall have a combined capital and surplus of at least $100 million as set forth in its most recent published annual report of condition. The Trustee shall comply with Section 310(b) of the TIA, subject to its right to apply for a stay of its duty to resign under the penultimate paragraph of Section 310(b) of the TIA; provided, however, that there shall be excluded from the operation of Section 310(b)(1) of the TIA any series of securities issued under this Indenture and any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Issuers Issuer are outstanding if the requirements for such exclusion set forth in Section 310(b)(1) of the TIA are met.

Appears in 35 contracts

Sources: Indenture (QXO, Inc.), Indenture (Berry Global Group, Inc.), Indenture (Rackspace Technology, Inc.)

Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of Section 310(a) of the TIA. The Trustee shall have a combined capital and surplus of at least $100 million 100,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with Section 310(b) of the TIA, subject to its right to apply for a stay of its duty to resign under the penultimate paragraph of Section 310(b) of the TIA; provided, however, that there shall be excluded from the operation of Section 310(b)(1) of the TIA any series of securities issued under this Indenture and any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Issuers are outstanding if the requirements for such exclusion set forth in Section 310(b)(1) of the TIA are met.

Appears in 24 contracts

Sources: Indenture (Albertsons Companies, Inc.), Indenture, Indenture (Albertsons Companies, Inc.)

Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of Section 310(a) of the TIA. The Trustee shall have a combined capital and surplus of at least $100 million 100,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with Section 310(b) of the TIA, subject to its right to apply for a stay of its duty to resign under the penultimate paragraph of Section 310(b) of the TIA; provided, however, that there shall be excluded from the operation of Section 310(b)(1) of the TIA any series of securities issued under this Indenture and any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Issuers Issuer are outstanding if the requirements for such exclusion set forth in Section 310(b)(1) of the TIA are met.

Appears in 20 contracts

Sources: Indenture (Hexion Inc.), Indenture (Hexion Inc.), Indenture (Intelsat S.A.)

Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of Section 310(a) of the TIA. The Trustee shall have a combined capital and surplus of at least $100 50.0 million as set forth in its most recent published annual report of condition. The Trustee shall comply with Section 310(b) of the TIA, subject to its right to apply for a stay of its duty to resign under the penultimate paragraph of Section 310(b) of the TIA; provided, however, that there shall be excluded from the operation of Section 310(b)(1) of the TIA any series of securities issued under this Indenture and any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Issuers Company are outstanding if the requirements for such exclusion set forth in Section 310(b)(1) of the TIA are met.

Appears in 17 contracts

Sources: Indenture (Enpro Inc.), Indenture (XPO, Inc.), Indenture (XPO, Inc.)

Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of Section 310(a) of the TIA. The Trustee shall have a combined capital and surplus of at least $100 million 100,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with Section 310(b) of the TIA, subject to its right to apply for a stay of its duty to resign under the penultimate paragraph of Section 310(b) of the TIA; provided, however, that there shall be excluded from the operation of Section 310(b)(1) of the TIA any series of securities issued under this Indenture and any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Issuers are Issuer is outstanding if the requirements for such exclusion set forth in Section 310(b)(1) of the TIA are met.

Appears in 16 contracts

Sources: Indenture (Aquestive Therapeutics, Inc.), Indenture (Blue Water Acquisition Corp.), Indenture (Aquestive Therapeutics, Inc.)

Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of Section 310(a) of the TIA. The Trustee shall have a combined capital and surplus of at least $100 million as set forth in its most recent published annual report of condition. The Trustee shall comply with Section 310(b) of the TIA, subject to its right to apply for a stay of its duty to resign under the penultimate paragraph of Section 310(b) of the TIA; provided, however, that there shall be excluded from the operation of Section 310(b)(1) of the TIA any series of securities issued under this Indenture and any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Issuers Company are outstanding if the requirements for such exclusion set forth in Section 310(b)(1) of the TIA are met.

Appears in 14 contracts

Sources: Indenture (Momentive Performance Materials Inc.), Indenture (Momentive Performance Materials Inc.), Indenture (Momentive Performance Materials Inc.)

Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of Section 310(a) of the TIA. The Trustee shall have a combined capital and surplus of at least $100 million 100,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with Section 310(b) of the TIA, subject to its right to apply for a stay of its duty to resign under the penultimate paragraph of Section 310(b) of the TIA; provided, however, that there shall be excluded from the operation of Section 310(b)(1) of the TIA any series of securities issued under this Indenture and any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Issuers Company are outstanding if the requirements for such exclusion set forth in Section 310(b)(1) of the TIA are met.

Appears in 11 contracts

Sources: Indenture (Albertsons Companies, Inc.), Indenture (Delta Tucker Holdings, Inc.), Indenture (Worldwide Recruiting & Staffing Services LLC)

Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of TIA Section 310(a) of the TIA). The Trustee shall have (or, in the case of a corporation included in a bank holding company system, the related bank holding company shall have) a combined capital and surplus of at least $100 million 50,000,000 as set forth in its (or its related bank holding company’s) most recent published annual report of condition. The Trustee shall comply with TIA Section 310(b) of the TIA), subject to its right to apply for a stay of its duty to resign under the penultimate paragraph of Section 310(b) of the TIAthereof; provided, however, that there shall be excluded from the operation of TIA Section 310(b)(1) of the TIA any series of securities issued under this Indenture and any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Issuers Company are outstanding if the requirements for such exclusion set forth in TIA Section 310(b)(1) of the TIA are met.

Appears in 10 contracts

Sources: Indenture (National CineMedia, LLC), Indenture (National CineMedia, LLC), Indenture (American Realty Capital Properties, Inc.)

Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of Section 310(a) of the TIA. The Trustee shall have a combined capital and surplus of at least $100 50.0 million as set forth in its most recent published annual report of condition. The Trustee shall comply with Section 310(b) of the TIA, subject to its right to apply for a stay of its duty to resign under the penultimate paragraph of Section 310(b) of the TIA; provided, however, that there shall be excluded from the operation of Section 310(b)(1) of the TIA any series of securities issued under this Indenture and any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Issuers Issuer are outstanding if the requirements for such exclusion set forth in Section 310(b)(1) of the TIA are met.

Appears in 9 contracts

Sources: Indenture (TopBuild Corp), Indenture (Outbrain Inc.), Indenture (Forward Air Corp)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of Section TIA § 310(a) of the TIA). The Indenture Trustee shall have a combined capital and surplus of at least $100 million 50,000,000 as set forth in its most recent published annual report of condition, and the time deposits of the Indenture Trustee shall be rated at least A-1 by Standard & Poor’s and P-1 by ▇▇▇▇▇’▇. The Indenture Trustee shall comply with Section TIA § 310(b) of the TIA, subject to its right to apply for a stay of its duty to resign under the penultimate paragraph of Section 310(b) of the TIA); provided, however, that there shall be excluded from the operation of Section TIA § 310(b)(1) of the TIA any series of securities issued under this Indenture and any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Issuers Issuer are outstanding if the requirements for such exclusion set forth in Section TIA § 310(b)(1) of the TIA are met.

Appears in 9 contracts

Sources: Indenture (Honda Auto Receivables 2009-1 Owner Trust), Indenture (Honda Auto Receivables 2008-2 Owner Trust), Indenture (Honda Auto Receivables 2005-3 Owner Trust)

Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of Section 310(a) of the TIA. The Trustee shall have a combined capital and surplus of at least $100 100.0 million as set forth in its most recent published annual report of condition. The Trustee shall comply with Section 310(b) of the TIA, subject to its right to apply for a stay of its duty to resign under the penultimate paragraph of Section 310(b) of the TIA; provided, however, that there shall be excluded from the operation of Section 310(b)(1) of the TIA any series of securities issued under this Indenture and any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Issuers Issuer are outstanding if the requirements for such exclusion set forth in Section 310(b)(1) of the TIA are met.

Appears in 7 contracts

Sources: Indenture (Chart Industries Inc), Indenture (Chart Industries Inc), Indenture (SeaWorld Entertainment, Inc.)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of Section TIA § 310(a) of the TIA). The Indenture Trustee shall have a combined capital and surplus of at least $100 million 50,000,000 as set forth in its most recent published annual report of condition, and the time deposits of the Indenture Trustee shall be rated at least Baa3 by ▇▇▇▇▇’▇ and BBB- by Fitch. The Indenture Trustee shall comply with Section TIA § 310(b) of the TIA, subject to its right to apply for a stay of its duty to resign under the penultimate paragraph of Section 310(b) of the TIA); provided, however, that there shall be excluded from the operation of Section TIA § 310(b)(1) of the TIA any series of securities issued under this Indenture and any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Issuers Issuer are outstanding if the requirements for such exclusion set forth in Section TIA § 310(b)(1) of the TIA are met.

Appears in 7 contracts

Sources: Indenture (Honda Auto Receivables 2011-3 Owner Trust), Indenture (Honda Auto Receivables 2011-2 Owner Trust), Indenture (Honda Auto Receivables 2011-1 Owner Trust)

Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of Section 310(a) of the TIA. The Trustee shall have a combined capital and surplus of at least $100 50 million as set forth in its most recent published annual report of condition. The Trustee shall comply with Section 310(b) of the TIA, subject to its right to apply for a stay of its duty to resign under the penultimate paragraph of Section 310(b) of the TIA; provided, however, that there shall be excluded from the operation of Section 310(b)(1) of the TIA any series of securities issued under this Indenture and any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Issuers Company are outstanding if the requirements for such exclusion set forth in Section 310(b)(1) of the TIA are met. This Indenture shall always have a Trustee who satisfies the requirements of Sections 310(a)(1), (2) and (5) of the TIA. The Trustee shall comply with Section 310(b) of the TIA.

Appears in 7 contracts

Sources: Indenture (Denbury Resources Inc), Indenture (Denbury Resources Inc), Indenture (Denbury Resources Inc)

Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of Section 310(a) of the TIA. The Trustee shall have a combined capital and surplus of at least $100 100.0 million as set forth in its most recent published annual report of condition. The Trustee shall comply with Section 310(b) of the TIA, subject to its right to apply for a stay of its duty to resign under the penultimate paragraph of Section 310(b) of the TIA; provided, however, that there shall be excluded from the operation of Section 310(b)(1) of the TIA any series of securities issued under this Indenture and any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Issuers are outstanding if the requirements for such exclusion set forth in Section 310(b)(1) of the TIA are met.

Appears in 6 contracts

Sources: Indenture (EP Energy Corp), Indenture (Mallinckrodt PLC), Indenture (Mallinckrodt PLC)

Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of Section TIA § 310(a) of the TIA). The Trustee shall have (or, in the case of a corporation included in a bank holding company system, the related bank holding company shall have) a combined capital and surplus of at least $100 50.0 million as set forth in its (or its related bank holding company’s) most recent published annual report of condition. The Trustee shall comply with Section TIA § 310(b) of the TIA), subject to its right to apply for a stay of its duty to resign under the penultimate paragraph of Section 310(b) of the TIAthereof; provided, however, that there shall be excluded from the operation of Section 310(b)(1TIA § 310(b)(i) of the TIA any series of securities issued under this Indenture and any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Issuers Issuer are outstanding if the requirements for such exclusion set forth in Section TIA § 310(b)(1) of the TIA are met.

Appears in 5 contracts

Sources: Indenture (Energizer Holdings, Inc.), Indenture (Energizer Holdings, Inc.), Indenture (Energizer Holdings, Inc.)

Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of Section 310(a) of the TIA. The Trustee shall have a combined capital and surplus of at least $100 50 million as set forth in its most recent published annual report of condition. The Trustee shall comply with Section 310(b) of the TIA, subject to its right to apply for a stay of its duty to resign under the penultimate paragraph of Section 310(b) of the TIA; provided, however, that there shall be excluded from the operation of Section 310(b)(1) of the TIA any series of securities issued under this Indenture and any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Issuers Issuer are outstanding if the requirements for such exclusion set forth in Section 310(b)(1) of the TIA are met.

Appears in 5 contracts

Sources: Indenture (Coronado Global Resources Inc.), Indenture (Coronado Global Resources Inc.), Indenture (Noranda Aluminum Holding CORP)

Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of Section 310(a) of the TIA. The Trustee shall have a combined capital and surplus of at least $100 million 100,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with Section 310(b) of the TIA, subject to its right to apply for a stay of its duty to resign under the penultimate paragraph of Section 310(b) of the TIA; providedPROVIDED, howeverHOWEVER, that there shall be excluded from the operation of Section 310(b)(1) of the TIA any series of securities issued under this Indenture and any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Issuers Issuer are outstanding if the requirements for such exclusion set forth in Section 310(b)(1) of the TIA are met.

Appears in 4 contracts

Sources: Indenture (Intelsat LTD), Indenture (Intelsat LTD), Indenture (Intelsat LTD)

Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of Section 310(a) of the TIA. The Trustee shall have a combined capital and surplus of at least $100 million 100,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with Section 310(b) of the TIA, subject to its right to apply for a stay of its duty to resign under the penultimate paragraph of Section 310(b) of the TIA; provided, however, that there shall be excluded from the operation of Section 310(b)(1) of the TIA any series of securities Notes issued under this Indenture and any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Issuers are Issuer is outstanding if the requirements for such exclusion set forth in Section 310(b)(1) of the TIA are met.

Appears in 4 contracts

Sources: Indenture (Affinion Group, Inc.), Indenture (Affinion Group, Inc.), Indenture (Affinion Group, Inc.)

Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of Section 310(a) of the TIA. The Trustee shall have a combined capital and surplus of at least $100 50.0 million as set forth in its most recent published annual report of condition. The Trustee shall comply with Section 310(b) of the TIA, subject to its right to apply for a stay of its duty to resign under the penultimate paragraph of Section 310(b) of the TIA; provided, however, that there shall be excluded from the operation of Section 310(b)(1) of the TIA any series of securities issued under this Indenture and any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Issuers are outstanding if the requirements for such exclusion set forth in Section 310(b)(1) of the TIA are met.

Appears in 4 contracts

Sources: Indenture (ADT Inc.), Indenture (ADT, Inc.), Indenture (Rexnord Corp)

Eligibility; Disqualification. (a) The Trustee shall at all times satisfy the requirements of Section 310(a) of the TIA. The Trustee shall have a combined capital and surplus of at least $100 million 100,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with Section 310(b) of the TIA, subject to its right to apply for a stay of its duty to resign under the penultimate paragraph of Section 310(b) of the TIA; provided, however, that there shall be excluded from the operation of Section 310(b)(1) of the TIA any series of securities issued under this Indenture and any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Issuers are Issuer is outstanding if the requirements for such exclusion set forth in Section 310(b)(1) of the TIA are met.

Appears in 3 contracts

Sources: Indenture (Capmark Affordable Properties LLC), Indenture (Capmark Financial Group Inc.), Indenture

Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of Section 310(a) of the TIA. The Trustee shall have a combined capital and surplus of at least $100 50 million as set forth in its most recent published annual report of condition. The Trustee shall comply with Section 310(b) of the TIA, subject to its right to apply for a stay of its duty to resign under the penultimate paragraph of Section 310(b) of the TIA; provided, however, that there shall be excluded from the operation of Section 310(b)(1) of the TIA any series of securities issued under this Indenture and any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Issuers are outstanding if the requirements for such exclusion set forth in Section 310(b)(1) of the TIA are met.

Appears in 2 contracts

Sources: Indenture (Muzak Capital, LLC), Indenture (Muzak Capital, LLC)

Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of Section 310(a) of the TIA. The Trustee shall have a combined capital and surplus of at least $100 50 million as set forth in its most recent published annual report of condition. The Trustee shall comply with Section 310(b) of the TIA, subject to its right to apply for a stay of its duty to resign under the penultimate paragraph of Section 310(b) of the TIA; provided, however, that there shall be excluded from the operation of Section 310(b)(1) of the TIA any series of securities issued under this Indenture and any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Issuers Company are outstanding if the requirements for such exclusion set forth in Section 310(b)(1) of the TIA are met.

Appears in 2 contracts

Sources: Indenture (WABASH NATIONAL Corp), Indenture (Wabash National Corp /De)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA Section 310(a) of the TIA). The Indenture Trustee shall be acceptable to the Securities Insurer and shall have a combined capital and surplus of at least $100 million 50,000,000 as set forth in its most recent published annual report of condition. The Indenture Trustee shall comply with TIA Section 310(b) ), including the optional provision permitted by the second sentence of the TIA, subject to its right to apply for a stay of its duty to resign under the penultimate paragraph of TIA Section 310(b) of the TIA310(b)(9); provided, however, that there shall be excluded from the operation of TIA Section 310(b)(1310(b) (1) of the TIA any series of securities issued under this Indenture and any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Issuers Issuer are outstanding if the requirements for such exclusion set forth in TIA Section 310(b)(1) of the TIA are met.

Appears in 2 contracts

Sources: Indenture (Painewebber Mort Acce Corp Iv Fremont Home Ln Own Tr 1999-1), Indenture (Empire Funding Home Loan Owner Trust 1998 3)

Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of Section 310(a) of the TIA. The Trustee shall have a combined capital and surplus of at least $100 million 50,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with Section 310(b) of the TIA, subject to its right to apply for a stay of its duty to resign under the penultimate paragraph of Section 310(b) of the TIA; provided, however, that there shall be excluded from the operation of Section 310(b)(1) of the TIA any series of securities issued under this Indenture and any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Issuers Issuer are outstanding if the requirements for such exclusion set forth in Section 310(b)(1) of the TIA are met.

Appears in 2 contracts

Sources: Indenture (ResCare Finance, Inc.), Indenture (Orbimage Inc)

Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of Section 310(a) of the TIA. The Trustee shall have a combined capital and surplus of at least $100 million 100,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with Section 310(b) of the TIA, subject to its right to apply for a stay of its duty to resign under the penultimate paragraph of Section 310(b) of the TIA; provided, however, that there shall be excluded from the operation of Section 310(b)(1) of the TIA any series of securities issued under this Indenture and any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Issuers either Issuer are outstanding if the requirements for such exclusion set forth in Section 310(b)(1) of the TIA are met.

Appears in 2 contracts

Sources: Indenture (Nalco Energy Services Equatorial Guinea LLC), Indenture (Nalco Finance Holdings Inc.)

Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of Section 310(a) of the TIA. The Trustee shall have a combined capital and surplus of at least $100 million as set forth in its most recent published annual report of condition. The Trustee shall comply with Section 310(b) of the TIA, subject to its right to apply for a stay of its duty to resign under the penultimate paragraph of Section 310(b) of the TIA; provided, however, that there shall be excluded from the operation of Section 310(b)(1) of the TIA any series of securities issued under this Indenture and any indenture or indentures under which other securities or certificates ce tificates of interest or participation in other securities of the Issuers Issuer are outstanding if the requirements for such exclusion set forth in Section 310(b)(1) of the TIA are met.

Appears in 1 contract

Sources: Indenture (Kerr Group Inc)

Eligibility; Disqualification. The Trustee shall at all ----------------------------- times satisfy the requirements of Section TIA (S) 310(a) of the TIA). The Trustee shall have a combined capital and surplus of at least $100 million 50,000,000 as set forth in its most recent published annual report of conditioncondition and shall not be an Affiliate of the Company. The Trustee shall comply with Section TIA (S) 310(b), including the optional provision permitted by the second sentence of TIA (S) of the TIA, subject to its right to apply for a stay of its duty to resign under the penultimate paragraph of Section 310(b) of the TIA310(b)(9); provided, --------- however, that there shall be excluded from the operation of Section TIA (S) 310(b)(1) of the TIA any series of securities issued under this Indenture and ------- any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Issuers Issuer are outstanding if the requirements for such exclusion set forth in Section TIA (S) 310(b)(1) of the TIA are met.

Appears in 1 contract

Sources: Indenture (Green Tree Financial Corp)

Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of Section 310(a) of the TIA. The Trustee shall have a combined capital and surplus of at least $100 50.0 million as set forth in its most recent published annual report of condition. The Trustee shall comply with Section 310(b) of the TIA, subject to its right to apply for a stay of its duty to resign under the penultimate paragraph of Section 310(b) of the TIA; provided, however, that there shall be excluded from the operation of Section 310(b)(1) of the TIA any series Series of securities issued under this Indenture and any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Issuers Issuer are outstanding if the requirements for such exclusion set forth in Section 310(b)(1) of the TIA are met.

Appears in 1 contract

Sources: Indenture (Emergent Capital, Inc.)

Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of Section 310(a) of the Trust Indenture Act of 1939, as amended (the “TIA”). The Trustee shall have a combined capital and surplus of at least $100 million as set forth in its most recent published annual report of condition. The Trustee shall comply with Section 310(b) of the TIA, subject to its right to apply for a stay of its duty to resign under the penultimate paragraph of Section 310(b) of the TIA; provided, however, that there shall be excluded from the operation of Section 310(b)(1) of the TIA any series of securities issued under this Indenture and any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Issuers Issuer are outstanding if the requirements for such exclusion set forth in Section 310(b)(1) of the TIA are met.

Appears in 1 contract

Sources: Indenture (TAMINCO ACQUISITION Corp)

Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of Section 310(a) of the TIA. The Trustee shall have a combined capital and surplus of at least $100 million 100,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with Section 310(b) of the TIA, subject to its right to apply for a stay of its duty to resign under the penultimate paragraph of Section 310(b) of the TIA; provided, however, that there shall be excluded ex-cluded from the operation of Section 310(b)(1) of the TIA any series of securities issued under this Indenture Inden-ture and any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Issuers are outstanding if the requirements for such exclusion set forth in Section Sec-tion 310(b)(1) of the TIA are met.

Appears in 1 contract

Sources: Indenture (Albertsons Companies, Inc.)

Eligibility; Disqualification. The Indenture Trustee shall must at all times satisfy the requirements of Section TIA §310(a) of the TIA). The Indenture Trustee shall must have a combined capital and surplus of at least $100 million 50,000,000 as set forth in its most recent published annual report of conditioncondition and its long-term unsecured debt must be rated at least Baa3 by ▇▇▇▇▇'▇ and BBB- by Standard & Poor's. The Indenture Trustee shall must comply with Section TIA §310(b) ), including the provision permitted by the second sentence of the TIA, subject to its right to apply for a stay of its duty to resign under the penultimate paragraph of Section 310(b) of the TIATIA §310(b)(9); provided, however, that there shall be excluded from the operation of Section 310(b)(1) of the TIA any series of securities issued under this Indenture and any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Issuers Issuer are outstanding will be excluded from the operation of TIA §310(b)(1) if the requirements for such exclusion set forth in Section TIA §310(b)(1) of the TIA are met.

Appears in 1 contract

Sources: Indenture (Ford Credit Floorplan LLC)

Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of Section 310(a) of the TIA. The Trustee shall have a combined capital and surplus of at least $100 million 100,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with Section 310(b) of the TIA, subject to its right to apply for a stay of its duty to resign under the penultimate paragraph of Section 310(b) of the TIA; provided, however, that there shall be excluded from the operation of Section 310(b)(1) of the TIA any series of securities issued under this Indenture and any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Issuers Company are outstanding if the requirements for such exclusion set forth in Section 310(b)(1) of the TIA are met.

Appears in 1 contract

Sources: Indenture (Ryan's Restaurant Leasing Company, LLC)

Eligibility; Disqualification. The Indenture Trustee shall at all times satisfy the requirements of TIA Section 310(a) of the TIA). The Indenture Trustee shall [be acceptable to the Securities Insurer and shall] have a combined capital and surplus of at least $100 million 50,000,000 as set forth in its most recent published annual report of condition. The Indenture Trustee shall comply with TIA Section 310(b) ), including the optional provision permitted by the second sentence of the TIA, subject to its right to apply for a stay of its duty to resign under the penultimate paragraph of TIA Section 310(b) of the TIA310(b)(9); provided, however, that there shall be excluded from the operation of TIA Section 310(b)(1) of the TIA any series of securities issued under this Indenture and any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Issuers Issuer are outstanding if the requirements for such exclusion set forth in TIA Section 310(b)(1) of the TIA are met.

Appears in 1 contract

Sources: Mortgage Loan Trust Indenture (Hsi Asset Securitization Corp)

Eligibility; Disqualification. The Indenture Trustee shall must at all times satisfy the requirements of Section TIA §310(a) of the TIA). The Indenture Trustee shall must have a combined capital and surplus of at least $100 million 50,000,000 as set forth in its most recent published annual report of conditioncondition and its long-term unsecured debt must be rated at least Baa3 by M▇▇▇▇'▇ and BBB- by Standard & Poor's. The Indenture Trustee shall must comply with Section TIA §310(b) ), including the provision permitted by the second sentence of the TIA, subject to its right to apply for a stay of its duty to resign under the penultimate paragraph of Section 310(b) of the TIATIA §310(b)(9); provided, however, that there shall be excluded from the operation of Section 310(b)(1) of the TIA any series of securities issued under this Indenture and any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Issuers Issuer are outstanding will be excluded from the operation of TIA §310(b)(1) if the requirements for such exclusion set forth in Section TIA §310(b)(1) of the TIA are met.

Appears in 1 contract

Sources: Indenture (Ford Credit Floorplan Corp)

Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of Section 310(a) of the TIA. The Trustee shall have a combined capital and surplus of at least $100 million 100,000,000 as set forth in its most recent published annual report of condition. The Trustee shall comply with Section 310(b) of the TIA, subject to its right to apply for a stay of its duty to resign under the penultimate paragraph of Section 310(b) of the TIA; provided, however, that there shall be excluded from the operation of Section 310(b)(1) of the TIA any series of securities issued under this Indenture and any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Issuers Company are outstanding if the requirements for such exclusion set forth in Section 310(b)(1310(b)(l) of the TIA are met.

Appears in 1 contract

Sources: Indenture (Panolam Industries International Inc)

Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of Section 310(a) of the Trust Indenture Act of 1939, as amended (the “TIA”). The Trustee shall have a combined capital and surplus of at least $100 million as set forth in its most recent published annual report of condition. The Trustee shall comply with Section 310(b) of the TIA, subject to its right to apply for a stay of its duty to resign under the penultimate paragraph of Section 310(b) of the TIA; provided, however, that there shall be excluded from the operation of Section 310(b)(1) of the TIA any series of securities issued under this Indenture and any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Issuers are outstanding if the requirements for such exclusion set forth in Section 310(b)(1) of the TIA are met.

Appears in 1 contract

Sources: Indenture (TAMINCO ACQUISITION Corp)

Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of Section 310(a) of the TIA. The Trustee shall have a combined capital and surplus of at least $100 million as set forth in its most recent published annual report of condition. The Trustee shall comply with Section 310(b) of the TIA, subject to its right to apply for a stay of its duty to resign under the penultimate paragraph of Section 310(b) of the TIA; provided, however, that there shall be excluded from the operation of Section 310(b)(1) of the TIA any series of securities issued under this Indenture and any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Issuers Issuer are outstanding if the requirements for such exclusion set forth in Section 310(b)(1) of the TIA are met.

Appears in 1 contract

Sources: Indenture (New Holding, Inc.)

Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of Section 310(a) of the Trust Indenture Act of 1939 (the “TIA”). The Trustee shall have a combined capital and surplus of at least $100 50.0 million as set forth in its most recent published annual report of condition. The Trustee shall comply with Section 310(b) of the TIA, subject to its right to apply for a stay of its duty to resign under the penultimate paragraph of Section 310(b) of the TIA; provided, however, that there shall be excluded from the operation of Section 310(b)(1) of the TIA any series of securities issued under this Indenture and any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Issuers Company are outstanding if the requirements for such exclusion set forth in Section 310(b)(1) of the TIA are met.

Appears in 1 contract

Sources: Indenture (Gap Inc)

Eligibility; Disqualification. The Trustee shall at all times satisfy the requirements of Section 310(a) of the TIA. The Trustee shall have a combined capital and surplus of at least $100 million as set forth in its most recent published annual report of condition. The Trustee shall comply with Section 310(b) of the TIA, subject to its right to apply for a stay of its duty to resign under the penultimate paragraph of Section 310(b) of the TIA; provided, however, that there shall be excluded from the operation of Section 310(b)(1) of the TIA any series of securities issued under this Indenture and any indenture or indentures under which other securities or certificates of interest or participation in other securities of the Issuers are Issuer is outstanding if the requirements for such exclusion set forth in Section 310(b)(1) of the TIA are met.

Appears in 1 contract

Sources: Indenture (Pernix Therapeutics Holdings, Inc.)