Account Bank may appoint substitutes. If the Account Bank gives notice of its resignation in accordance with clause 10.1 (Resignation) and by the tenth (10th) day before the expiry of such notice a substitute Account Bank has not been duly appointed in accordance with clause 10.4 (Substitute Account Bank), the Account Bank may itself, following such consultation with ParentCo and the Issuer (or, following the delivery of a Senior DSCR Enforcement Notice, the Cash Administrator) as is practicable in the circumstances, appoint as its substitute Account Bank any Acceptable Bank, provided such substitute Account Bank enters into an agreement in the form of (and on materially the same terms as) this Agreement. The Account Bank shall give notice of such appointment to the ParentCo, the Issuer and the Cash Administrator whereupon the ParentCo, the Issuer, each Security Trustee, the Cash Administrator and such substitute Account Bank shall acquire and become subject to the same rights and obligations between themselves as if they had entered into an agreement in the form of (and on the same terms as) this Agreement.
Account Bank may appoint substitutes. If the Account Bank gives notice of its resignation in accordance with Clause 9.1 (Resignation) and by the 10th day before the expiry of such notice a substitute Account Bank has not been duly appointed in accordance with Clause 9.4 (Substitute Account Bank), the Account Bank may itself, following such consultation with the Borrower Security Group Agent as is practicable in the circumstances, appoint as its substitute Account Bank any reputable and experienced financial institution which is rated, provided such substitute Account Bank enters into an agreement in the form of (and on substantially the same terms as) this Agreement. The Account Bank shall give notice of such appointment to the Borrower Security Trustee, the Borrower Security Group Agent, each Cash Manager, the Hedge Counterparties and the Borrower Standstill Cash Manager, whereupon the Borrower Security Trustee, the Cash Manager, each Obligor, the Borrower Standstill Cash Manager and such substitute Account Bank shall acquire and become subject to the same rights and obligations between themselves as if they had entered into an agreement substantially in the form of (and on substantially the same terms as) this Agreement.
Account Bank may appoint substitutes. If the DSRA Account Bank gives notice of its resignation in accordance with Clause 10.1 (Resignation) and by the tenth day before the expiry of such notice a substitute DSRA Account Bank has not been duly appointed in accordance with Clause 10.4 (Substitute DSRA Account Bank), the DSRA Account Bank may itself, following such consultation with the Issuer as is practicable in the circumstances (but in any event, failing to consult or failing to reach an agreement shall not prohibit the DSRA Account Bank from appointing a temporary substitute DSRA Account Bank on or after the tenth day before the expiry of such notice), appoint as its substitute DSRA Account Bank on a temporary basis by giving prior notice to the Issuer (the Initial DSRA Account Bank Successor) any reputable and experienced financial institution acting through a branch established in Italy that holds the Required Ratings, provided the Initial DSRA Account Bank Successor enters into an agreement in the form of (and on terms substantially the same as) this Agreement and that security in a form and substance as agreed under the Security Documents is granted over the replacement bank Account. The DSRA Account Bank shall give notice of such appointment to the Security Agent and the Issuer, whereupon the Security Agent, the Issuer and the Initial DSRA Account Bank Successor shall acquire and become subject to the same rights and obligations between themselves as if they had entered into an agreement in the form of (and on the same terms as) this Agreement. The appointment of the Initial DSRA Account Bank Successor will cease from its role once the Issuer has appointed, through a tender procedure if required by law, a new DSRA Account Bank in accordance with the Finance Documents.
