Common use of Appointment by Requisite Lenders Clause in Contracts

Appointment by Requisite Lenders. Upon any such notice of resignation and if the remaining Administrative Agent has not notified the Lenders that it has assumed the functions and duties of the resigning Administrative Agent, the Requisite Lenders shall have the right to appoint a successor Administrative Agent selected from among the Lenders which appointment shall be subject to the prior written approval of the Borrower (which may not be unreasonably withheld, and shall not be required upon the occurrence and during the continuance of an Event of Default).

Appears in 3 contracts

Samples: Credit Agreement (Foamex Capital Corp), Credit Agreement (Foamex Capital Corp), Credit Agreement (Foamex Capital Corp)

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Appointment by Requisite Lenders. Upon any such notice of -------------------------------- resignation and if by the remaining Administrative Agent has not notified the Lenders that it has assumed the functions and duties of the resigning Administrative Agent, the Requisite Lenders shall have the right to appoint a successor Administrative Agent selected from among the Lenders which appointment shall be subject to the prior written approval of the Borrower Borrowers (which may not be unreasonably withheld, and shall not be required upon the occurrence and during the continuance of an Event of Default).

Appears in 2 contracts

Samples: Credit Agreement (International Technology Corp), Credit Agreement (International Technology Corp)

Appointment by Requisite Lenders. Upon any such notice of resignation and if by the remaining Administrative Agent has not notified the Lenders that it has assumed the functions and duties of the resigning Administrative Agent, the Requisite Lenders shall have the right to appoint a successor Administrative Agent selected from among the Lenders which appointment shall be subject to the prior written approval of the Borrower Borrowers (which may not be unreasonably withheld, withheld and shall not be required upon the occurrence and during the continuance of an Event of Default).

Appears in 2 contracts

Samples: Credit Agreement (Barneys New York Inc), Credit Agreement (Barneys New York Inc)

Appointment by Requisite Lenders. Upon any such notice of resignation and if by the remaining Administrative Agent has not notified the Lenders that it has assumed the functions and duties of the resigning Administrative Agent, the Requisite Lenders shall have the right to appoint a successor Administrative Agent selected from among the Lenders Lenders, which appointment shall be subject to the prior written approval of the Borrower Borrowers (which may not be unreasonably withheld, and shall not be required upon the occurrence and during the continuance of an Event of Default).

Appears in 2 contracts

Samples: Credit Agreement (NMHG Holding Co), Credit Agreement (Hyster Overseas Capital Corp LLC)

Appointment by Requisite Lenders. Upon any such notice of resignation and if by the remaining Administrative Agent has not notified the Lenders that it has assumed the functions and duties of the resigning Administrative Agent, the Requisite Lenders shall have the right to appoint a successor Administrative Agent selected from among the Lenders which appointment shall be subject to the prior written approval of the Borrower Company (which may not be unreasonably withheld, and shall not be required upon the occurrence and during the continuance of an Event of Default). Upon any such notice of resignation by either Co-Agent, no successor Co-Agent shall be appointed.

Appears in 1 contract

Samples: Insilco Corp/De/

Appointment by Requisite Lenders. Upon any such notice of resignation and if the remaining resignation, an Administrative Agent has not notified shall have the Lenders that it has assumed the functions and duties of the resigning right to be appointed as a successor Collateral Agent and, if such Administrative AgentAgent declines such right to appointment, the Requisite Lenders shall have the right to appoint a successor Administrative Collateral Agent selected from among the Lenders which appointment shall be subject to the prior written approval of the Borrower (which may not be unreasonably withheld, and shall not be required upon the occurrence and during the continuance of an Event of Default).

Appears in 1 contract

Samples: Credit Agreement (Fairchild Corp)

Appointment by Requisite Lenders. Upon any such notice of resignation and if by the remaining Administrative Agent has not notified the Lenders that it has assumed the functions and duties of the resigning Administrative Agent, the Requisite Lenders shall have the right to appoint a successor Administrative Agent selected from among the Lenders Lenders, which appointment shall be subject to the prior written approval of the Borrower Company (which may not be unreasonably withheld, and shall not be required upon the occurrence and during the continuance of an Event of Default).

Appears in 1 contract

Samples: Credit Agreement (Hexcel Corp /De/)

Appointment by Requisite Lenders. Upon any such notice of resignation and if the remaining resignation, an Administrative Agent has not notified shall have the Lenders that it has assumed the functions and duties of the resigning right to be appointed as a successor Collateral Agent and, if such Administrative AgentAgent declines such right to appointment, the Requisite Lenders shall have the right to appoint a successor Administrative Collateral Agent selected from among the Lenders which appointment shall be subject to the prior written approval of the Borrower Borrowers (which may not be unreasonably withheld, and shall not be required upon the occurrence and during the continuance of an Event of Default).

Appears in 1 contract

Samples: Credit Agreement (Fairchild Corp)

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Appointment by Requisite Lenders. Upon any such notice of resignation and if by the remaining Administrative Agent has not notified the Lenders that it has assumed the functions and duties of the resigning Administrative Agent, the Requisite Lenders shall have the right to appoint a successor Administrative Agent selected from among the Lenders which appointment shall be subject to the prior written approval of the Borrower Company (which may not be unreasonably withheld, and shall not be required upon the occurrence and during the continuance of an Event of Default). Upon any such notice of resignation by either CoAgent, no successor CoAgent shall be appointed.

Appears in 1 contract

Samples: Insilco Corp/De/

Appointment by Requisite Lenders. Upon any such notice of resignation and if by the remaining Administrative Agent has not notified the Lenders that it has assumed the functions and duties of the resigning Administrative Agent, the Requisite Lenders shall have the right to appoint a successor Administrative Agent selected from among the Lenders which appointment shall be subject to the prior written approval of the Borrower Borrowers (which may not be unreasonably withheld, and shall not be required upon the occurrence and during the continuance of an Event of Default).. (c)

Appears in 1 contract

Samples: Credit Agreement (It Group Inc)

Appointment by Requisite Lenders. Upon any such notice of resignation and if the remaining Administrative Agent has not notified the Lenders that it has assumed the functions and duties of the resigning Administrative Agent, the Requisite Lenders shall have the right to appoint a successor Administrative Agent selected from among the Lenders which appointment shall be subject to the prior written approval of the Borrower Borrowers (which may not be unreasonably withheld, and shall not be required upon the occurrence and during the continuance of an Event of Default).

Appears in 1 contract

Samples: Credit Agreement (Foamex International Inc)

Appointment by Requisite Lenders. Upon any such notice of resignation and if by the remaining Administrative Agent has not notified the Lenders that it has assumed the functions and duties of the resigning Administrative Agent, the Requisite Lenders shall have the right to appoint a successor Administrative Agent selected from among the Lenders Lenders, which appointment shall be subject to the prior written approval of the Borrower (which may not be unreasonably withheld, and shall not be required upon the occurrence and during the continuance of an Event of Default).

Appears in 1 contract

Samples: Credit Agreement (NMHG Holding Co)

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