Appointment of Successor Agent. (a) Pursuant to the provisions of Section 12.1(f), the Original Agent resigns as administrative agent under the Original Agreement and the other Transaction Documents, effective as of the date on which the conditions precedent set forth in Section 3.3 are satisfied or waived. The Purchasers and the Seller appoint CNAI as Administrative Agent under this Agreement and the other Transaction Documents effective as of such date and agree to waive the notice period set forth in Section 12.1(f).
Appointment of Successor Agent. The Agent, or any successor to it hereafter appointed, may resign its duties and be discharged from all further duties and liabilities hereunder after giving sixty (60) days’ notice in writing to the Company. If the office of the Agent becomes vacant by resignation or incapacity to act or otherwise, the Company shall appoint in writing a successor Agent in place of the Agent. If the Company shall fail to make such appointment within a period of thirty (30) days after it has been notified in writing of such resignation or incapacity by the Agent or by the holder of the Warrant (who shall, with such notice, submit its Warrant for inspection by the Company), then the holder of any Warrant may apply to the Supreme Court of the State of New York for the County of New York for the appointment of a successor Agent at the Company’s cost. Any successor Agent, whether appointed by the Company or by such court, shall be a corporation or other business entity organized and existing under the laws of the State of New York, in good standing and having its principal office in the Borough of Manhattan, City and State of New York, and authorized under such laws to exercise corporate trust powers and subject to supervision or examination by federal or state authority. After appointment, any successor Agent shall be vested with all the authority, powers, rights, immunities, duties, and obligations of its predecessor Agent with like effect as if originally named as Agent hereunder, without any further act or deed; but if for any reason it becomes necessary or appropriate, the predecessor Agent shall execute and deliver, at the expense of the Company, an instrument transferring to such successor Agent all the authority, powers, and rights of such predecessor Agent hereunder; and upon request of any successor Agent the Company shall make, execute, acknowledge, and deliver any and all instruments in writing for more fully and effectually vesting in and confirming to such successor Agent all such authority, powers, rights, immunities, duties, and obligations.
Appointment of Successor Agent. If at any time the Escrow Agent ------------------------------ shall resign or be removed or otherwise become incapable of acting or if at any time a vacancy shall occur in the office of the Escrow Agent for any other cause, a successor Escrow Agent shall be appointed by the Company with the consent of the Majority Holders by an instrument in writing delivered to the Escrow Agent within the time specified below. Upon delivery of said instrument to and acceptance of said instrument by the successor Escrow Agent, the resignation or removal of the Escrow Agent shall become effective and such successor Escrow Agent shall become vested with all the rights, powers, duties and obligations of its predecessor hereunder. If no successor Escrow Agent shall have been appointed at the effective date of resignation, the Escrow Agent, any other party hereto or the Majority Holders may petition a court of competent jurisdiction for the appointment of a successor.
Appointment of Successor Agent. (a) In accordance with clause 24.12.2 (Resignation and replacement of the Initial ACF Agent) of the IACFA, the Successor Agent hereby agrees to its appointment by the Continuing Lenders as Initial ACF Agent for all purposes under and in connection with the Amended IACFA with effect from the Effective Date.
Appointment of Successor Agent. Pursuant to Section 12.4 of the Credit Agreement, the Lenders constituting at least the Majority Lenders hereby appoint the Successor Agent as Administrative Agent under the Credit Agreement and the other Loan Documents. By its execution hereof, the Successor Agent xxxxxx accepts such appointment and by its acceptance of such appointment, the Successor Agent xxxxxx succeeds to and becomes vested with all the rights, powers, privileges and duties of the Resigning Agent in its capacity as Administrative Agent under the Credit Agreement. Notwithstanding the appointment of the Successor Agent as Administrative Agent, Truist Bank, in its capacity as a Lender under the Credit Agreement, shall have the same rights and powers under the Credit Agreement and any other Loan Document as any other Lender with respect to its Revolving Credit Commitment Amount and its Loans and may exercise the same as though it were not the Administrative Agent. In addition, the term “Lender” or “Lenders” in the Credit Agreement or any other Loan Document shall, at any time when Truist Bank is a Lender, unless the context otherwise indicates, include the Successor Agent in its individual capacity as a Lender. SECTION 2.
Appointment of Successor Agent. Each Credit Party hereby consents to the appointment by Xxxxxxx constituting at least the Majority Lenders of the Successor Agent as Administrative Agent under the Credit Agreement and the other Loan Documents pursuant to Section 1.2 of this Amendment. 3.2
Appointment of Successor Agent. Without prejudice to Clause 2.6 (Appointment of Successor Agent), each Continuing Lender appoints the Successor Agent to act as the agent of the Continuing Lenders for the purposes of this Clause 4 (Conditions Precedent). The appointment of the Successor Agent pursuant to this Clause 4 (Conditions Precedent) is subject to the same limitations of liability, and the Successor Agent has the same protections afforded to it, in each case as set out in the Amended IACFA.
Appointment of Successor Agent. The Company and Xxxxx Fargo hereby ------------------------------ acknowledge and agree that, effective as of November 15, 2006, Xxxxx Fargo is hereby appointed as the successor Rights Agent under the Rights Agreement and hereby becomes party to the Rights Agreement in such capacity.
Appointment of Successor Agent. In case at any time the Collateral Agent hereunder shall resign from such capacity, a successor may be appointed by the holders of a majority in principal amount of the Obligations by an instrument or concurrent instruments in writing signed by such holders. If no appointment of a successor agent shall be made pursuant to the foregoing provisions of this Section within sixty days after the Collateral Agent resigns, the resigning Collateral Agent shall then appoint a commercial bank or trust company who shall then serve as Collateral Agent hereunder.
Appointment of Successor Agent. The Successor Agent is hereby irrevocably designated and appointed by the undersigned Lenders (including the New Lender and the New Swingline Lender) and the undersigned Issuing Lenders, with the consent of each of the other parties to this Amendment, to act on behalf of each Lender and each Issuing Lender as the Administrative Agent under the Credit Agreement and under the other Loan Documents and is authorized to take such actions on any Lender’s or any Issuing Lender’s behalf and to exercise such powers as are delegated to the Administrative Agent by the terms thereof, together with such actions and powers as are reasonably incidental thereto. The Successor Agent hereby accepts its appointment to act as the Administrative Agent under the Credit Agreement and the other Loan Documents.
