Agent Resignation. Agent may resign by giving at least forty-five (45) days’ advance written notice of its resignation to the Depositor and the Beneficiary. Within forty-five (45) days after receiving the aforesaid notice, the Depositor and the Beneficiary agree to appoint a successor escrow agent, to which Agent shall transfer the Account Funds then held in the Account, less its unpaid fees, costs and expenses. If a successor escrow agent has not been appointed and has not accepted such appointment by the end of the 45-day period, Agent may apply to a court of competent jurisdiction for the appointment of a successor escrow agent, and the costs, expenses and reasonable attorney's fees which Agent incurs in connection with such a proceeding shall be paid by Depositor.
Appears in 1 contract
Samples: Power Purchase Agreement
Agent Resignation. Agent may resign by giving at least forty-five (45) days’ advance written jvritten notice of its resignation to the Depositor and the Beneficiary. , Within forty-five (45) days after receiving the aforesaid notice, the Depositor and the Beneficiary agree to appoint a successor escrow agent, to which Agent shall transfer the Account Funds then held in the Account, less its unpaid fees, costs and expenses. If a successor escrow agent has not been appointed and has not accepted such appointment by the end of the 45-day period, Agent may apply to a court of competent jurisdiction for the appointment of a successor escrow agent, and the costs, expenses and reasonable attorney's fees which Agent incurs in connection with such a proceeding shall be paid by Depositor.
Appears in 1 contract
Samples: Power Purchase Agreement
Agent Resignation. It is understood that Agent may reserves the right to resign at any time by giving at least forty-five (45) days’ advance written notice of its resignation resignation, specifying the effective date thereof, to the Depositor Secured Party and the BeneficiaryPosting Party. Within forty-five (45) 30 days after receiving the aforesaid notice, the Depositor Secured Party and the Beneficiary Posting Party agree to appoint a successor escrow agent, agent to which Agent shall may transfer the Account Funds Assets then held in the Account, less its unpaid fees, costs and expenses. If a successor escrow agent has not been appointed and has not accepted such appointment by the end of the 4530-day period, Agent may apply to a court of competent jurisdiction for the appointment of a successor escrow agent, and the costs, expenses and reasonable attorney's ’s fees which Agent incurs in connection with such a proceeding shall be paid by Depositorthe Posting Party.
Appears in 1 contract
Samples: Power Purchase and Sale Agreement
Agent Resignation. Agent may resign by giving at least forty-five fortyrfive (45) days’ advance written advancejvritten notice of its resignation to the Depositor and the Beneficiary. Within forty-five (45) days after receiving the aforesaid notice, the Depositor and the Beneficiary agree to appoint a successor escrow agent, to which Agent shall transfer the Account Funds then held in the Account, less its unpaid fees, costs and expenses. If a successor escrow agent has not been appointed and has not accepted such appointment by the end of the 45-day period, Agent may apply to a court of competent jurisdiction for the appointment of a successor escrow agent, and the costs, expenses and reasonable attorney's fees which Agent incurs in connection with such a proceeding shall be paid by Depositor.
Appears in 1 contract
Samples: Power Purchase Agreement
Agent Resignation. It is understood that Agent may reserves the right to resign at any time by giving at least forty-five (45) days’ advance written notice of its resignation resignation, specifying the effective date thereof, to the Depositor and the BeneficiaryDepositors. Within forty-five thirty (4530) days after receiving the aforesaid notice, the Depositor and the Beneficiary Depositors agree to appoint a successor escrow agent, agent to which Agent shall may transfer the Account Funds Assets then held in the Account, less its unpaid fees, costs and expenses. If a successor escrow agent has not been appointed and has not accepted such appointment by the end of the 45-such thirty- (30-) day period, Agent may apply to a court of competent jurisdiction for the appointment of a successor escrow agent, and the costs, expenses and reasonable attorney's attorneys' fees which that Agent incurs in connection with such a proceeding shall be paid by Depositorthe Depositors.
Appears in 1 contract
Samples: Power Purchase Agreement
Agent Resignation. It is understood that Agent may reserves the right to resign at any time by giving at least forty-five (45) days’ advance written notice of its resignation resignation, specifying the effective date thereof, to the Depositor Secured Party and the BeneficiaryDepositor. Within forty-five thirty (4530) days after receiving the aforesaid notice, the Depositor Secured Party and the Beneficiary Depositor agree to appoint a successor escrow agent, agent to which Agent shall may transfer the Account Funds Cash Deposit then held in the Account, less its unpaid fees, costs and expenses. If a successor escrow agent has not been appointed and has not accepted such appointment by the end of the 45-such thirty (30) day period, Agent may apply to a court of competent jurisdiction for the appointment of a successor escrow agent, and the costs, expenses and reasonable attorney's ’s fees which Agent incurs in connection with such a proceeding shall be paid by the Secured Party and the Depositor.
Appears in 1 contract
Samples: Standard Offer Capacity Agreement