Agent's Resignation. The Agent may resign at any time by giving at least thirty (30) days' prior written notice of its intention to do so to each Lender and to Borrower, and upon any such notice, the Requisite Lenders shall have the right to appoint a successor Agent; provided that if such successor shall not be a signatory to this Agreement, such appointment shall be subject to the consent of Borrower, which consent shall not be unreasonably withheld. If no successor Agent shall have been so appointed and shall have accepted such appointment within twenty (20) days after the Agent's giving of such notice of resignation, then the resigning Agent may, with the consent of Borrower, which consent shall not be unreasonably withheld, appoint a successor Agent. After any resigning Agent's resignation hereunder as Agent, it shall be discharged from its duties and obligations under this Agreement and the other Financing Agreements but the provisions of this Section 11 shall continue to inure to its benefit as to any actions taken or omitted to be taken by it while it was Agent hereunder and thereunder. Upon appointment of a successor Agent, the term "Agent" shall for all purposes of this Agreement thereafter mean such successor.
Appears in 2 contracts
Samples: Loan and Security Agreement (American Builders & Contractors Supply Co Inc), Loan and Security Agreement (Amcraft Building Products Co Inc)
Agent's Resignation. The Agent may resign at any time by giving at least thirty (30) days' prior written notice of its intention to do so to each Lender and to BorrowerBorrower Representative, and upon any such notice, the Requisite Lenders shall have the right to appoint a successor Agent; provided that if such successor shall not be a signatory to this AgreementLender, such appointment shall be subject to the consent of BorrowerBorrower Representative, which consent shall not be unreasonably withheld. If no successor Agent shall have been so appointed and shall have accepted such appointment within twenty (20) days after the Agent's giving of such notice of resignation, then the resigning Agent may, with the consent of BorrowerBorrower Representative, which consent shall not be unreasonably withheld, appoint a successor Agent. After any resigning Agent's resignation hereunder as Agent, it shall be discharged from its duties and obligations under this Agreement and the other Financing Agreements but the provisions of this Section 11 l2 shall continue to inure to its benefit as to any actions action taken or omitted to be taken by it while it was Agent hereunder and thereunder. Upon appointment of a successor Agent, the term "Agent" shall for all purposes of this Agreement thereafter mean such successor.
Appears in 1 contract
Samples: Loan and Security Agreement (Action Performance Companies Inc)
Agent's Resignation. The Agent may resign at any time by giving ------------------- at least thirty (30) days' prior written notice of its intention to do so to each Lender and to Borrower, and upon any such notice, the Requisite Lenders shall have the right to appoint a successor Agent; provided that if such -------- successor shall not be a signatory to this Agreement, such appointment shall be subject to the consent of Borrower, which consent shall not be unreasonably withheld. If no successor Agent shall have been so appointed and shall have accepted such appointment within twenty (20) days after the Agent's giving of such notice of resignation, then the resigning Agent may, with the consent of Borrower, which consent shall not be unreasonably withheld, appoint a successor Agent. After any resigning Agent's resignation hereunder as Agent, it shall be discharged from its duties and obligations under this Agreement and the other Financing Agreements but the provisions of this Section 11 shall continue to ---------- inure to its benefit as to any actions taken or omitted to be taken by it while it was Agent hereunder and thereunder. Upon appointment of a successor Agent, the term "Agent" shall for all purposes of this Agreement thereafter mean such successor.. 1.1
Appears in 1 contract
Samples: Loan and Security Agreement (American Builders & Contractors Supply Co Inc)