Common use of Appointment of Successor Escrow Agent Clause in Contracts

Appointment of Successor Escrow Agent. If at any time the Escrow Agent shall resign, be removed, or otherwise become incapable of acting as escrow agent pursuant to this Agreement, or if at any time a vacancy shall occur in the office of the Escrow Agent for any other cause, a qualified successor escrow agent shall be appointed by the Parties (other than the Escrow Agent) by a written instrument with the successor escrow agent that is approved and ordered by the Court. If no qualified successor escrow agent has been appointed at the effective date of resignation or removal of the Escrow Agent or within thirty (30) days after the time the Escrow Agent became incapable of acting as the Escrow Agent or a vacancy occurred in the office of the Escrow Agent, any Party hereto (other than the Escrow Agent) may petition the Court for an appointment of a qualified successor escrow agent, and the Escrow Agent shall have the right to refuse to make any payments from the Class Settlement Interchange Escrow Account(s) until a qualified successor escrow agent is appointed and has accepted such appointment. Upon the appointment and acceptance of any qualified successor escrow agent hereunder, the Escrow Agent shall transfer the contents of the Class Settlement Interchange Escrow Account(s) to its successor. Upon receipt by the successor escrow agent of those contents, the Escrow Agent shall be discharged from any continuing duties or obligations under this Agreement, but such discharge shall not relieve the Escrow Agent from any powers, duties, and obligations of the Escrow Agent under this Escrow Agreement arising prior to its replacement.

Appointment of Successor Escrow Agent. If at any time the Escrow Agent shall resign, be removed, or otherwise become incapable of acting as escrow agent pursuant to this Amended and Restated Escrow Agreement, or if at any time a vacancy shall occur in the office of the Escrow Agent for any other cause, a qualified successor escrow agent shall be appointed by the Parties (other than the Escrow Agent) by a written instrument with the successor escrow agent that is approved and ordered by the Court. If no qualified successor escrow agent has been appointed at the effective date of resignation or removal of the Escrow Agent or within thirty (30) days after the time the Escrow Agent became incapable of acting as the Escrow Agent or a vacancy occurred in the office of the Escrow Agent, any Party hereto (other than the Escrow Agent) may petition the Court for an appointment of a qualified successor escrow agent, and the Escrow Agent shall have the right to refuse to make any payments from the Class Settlement Interchange Cash Escrow Account(s) Account until a qualified successor escrow agent is appointed and has accepted such appointment. Upon the appointment and acceptance of any qualified successor escrow agent hereunder, the Escrow Agent shall transfer the contents of the Class Settlement Interchange Cash Escrow Account(s) Account to its successor. Upon receipt by the successor escrow agent of those contents, the Escrow Agent shall be discharged from any continuing duties or obligations under this Amended and Restated Escrow Agreement, but such discharge shall not relieve the Escrow Agent from any powers, duties, and obligations of the Escrow Agent under this Amended and Restated Escrow Agreement arising prior to its replacement.

Appointment of Successor Escrow Agent. If at any time the Escrow Agent shall resign, be removed, removed or otherwise become incapable of acting as escrow agent pursuant to this Agreement, or if at any time a vacancy shall occur in the office of the Escrow Agent for any other cause, a qualified successor escrow agent that meets the qualifications set forth in Section 6.1 shall be appointed by the Parties (other than Company, with the Escrow Agent) written consent of Parent, which consent may not be unreasonably withheld, by a written instrument with delivered to the successor escrow agent that is approved and ordered by the Courtagent. If no qualified successor escrow agent has been appointed at the effective date of resignation or removal of the Escrow Agent or within thirty (30) days after the time the Escrow Agent became incapable of acting as the Escrow Agent or a vacancy occurred in the office of the Escrow Agentescrow agent, any Party party hereto (other than the Escrow Agent) may petition the Court a court of competent jurisdiction for an appointment of a qualified successor escrow agent, and the Escrow Agent shall have the right to refuse to make any payments from the Class Settlement Interchange Escrow Account(s) until a qualified successor escrow agent is appointed and has accepted such appointment. Upon the appointment and acceptance of any qualified successor escrow agent hereunder, the Escrow Agent shall transfer the contents of the Class Settlement Interchange Escrow Account(s) Fund to its successor. Upon receipt by the successor escrow agent of those contentsthe Escrow Fund, the Escrow Agent shall be discharged from any continuing duties or obligations under this Agreement, but such discharge shall not relieve the Escrow Agent from any liability incurred prior to such event, and the successor escrow agent shall be vested with all rights, powers, duties, duties and obligations of the Escrow Agent under this Escrow Agreement arising prior to its replacementAgreement.

Appointment of Successor Escrow Agent. If at any time the Escrow Agent shall resign, be removed, or otherwise become incapable of acting as escrow agent pursuant to this Amended and Restated Escrow Agreement, or if at any time a vacancy shall occur in the office of the Escrow Agent for any other cause, a qualified successor escrow agent shall be appointed by the Parties (other than the Escrow Agent) by a written instrument with the successor escrow agent that is approved and ordered by the Court. If no qualified successor escrow agent has been appointed at the effective date of resignation or removal of the Escrow Agent or within thirty (30) days after the time the Escrow Agent became incapable of acting as the Escrow Agent or a vacancy occurred in the office of the Escrow Agent, any Party hereto (other than the Escrow Agent) may petition the Court for an appointment of a qualified successor escrow agent, and the Escrow Agent shall have the right to refuse to make any payments from the Class Settlement Interchange Escrow Account(s) Account until a qualified successor escrow agent is appointed and has accepted such appointment. Upon the appointment and acceptance of any qualified successor escrow agent hereunder, the Escrow Agent shall transfer the contents of the Class Settlement Interchange Escrow Account(s) Account to its successor. Upon receipt by the successor escrow agent of those contents, the Escrow Agent shall be discharged from any continuing duties or obligations under this Amended and Restated Escrow Agreement, but such discharge shall not relieve the Escrow Agent from any powers, duties, and obligations of the Escrow Agent under this Amended and Restated Escrow Agreement arising prior to its replacement.

Appointment of Successor Escrow Agent. If at any time the Escrow Agent shall resign, be removed, removed or otherwise become incapable of acting as escrow agent pursuant to this Agreement, or if at any time a vacancy shall occur in the office of the Escrow Agent escrow agent for any other cause, a qualified successor escrow agent that meets the qualifications set forth in Section 12 shall be appointed by the Parties (other than the Escrow Agent) Buyer by a written instrument with delivered to the successor escrow agent that is approved and ordered by the Courtagent. If no qualified successor escrow agent has been appointed at the effective date of resignation or removal of the Escrow Agent or within thirty (30) 30 days after the time the Escrow Agent became incapable of acting as the Escrow Agent or a vacancy occurred in the office of the Escrow Agentescrow agent, any Party party hereto (other than the Escrow Agent) may petition the Court a court of competent jurisdiction for an appointment of a qualified successor escrow agent, agent and the Escrow Agent shall have the right to refuse to make any payments from the Class Settlement Interchange Escrow Account(s) Amount until a qualified successor escrow agent is appointed and has accepted such appointment. Upon the appointment and acceptance of any qualified successor escrow agent hereunder, the Escrow Agent shall transfer the contents of the Class Settlement Interchange Escrow Account(s) Amount to its successor. Upon receipt by the successor escrow agent of those contentsthe Escrow Amount, the Escrow Agent shall be discharged from any continuing duties or obligations under this Agreement, but such discharge shall not relieve the Escrow Agent from any liability incurred prior to such event, and the successor escrow agent shall be vested with all rights, powers, duties, duties and obligations of the Escrow Agent under this Escrow Agreement arising prior to its replacementAgreement.

Appointment of Successor Escrow Agent. If at any time the Escrow Agent shall resign, be removed, or otherwise become incapable of acting as escrow agent pursuant to this Agreement, or if at any time a vacancy shall occur in the office of the Escrow Agent for any other cause, a qualified successor escrow agent shall be appointed by the Parties (other than the Escrow Agent) by a written instrument with the successor escrow agent that is approved and ordered by the Court. If no qualified successor escrow agent has been appointed at the effective date of resignation or removal of the Escrow Agent or within thirty (30) days after the time the Escrow Agent became incapable of acting as the Escrow Agent or a vacancy occurred in the office of the Escrow Agent, any Party hereto (other than the Escrow Agent) may petition the Court for an appointment of a qualified successor escrow agent, and the Escrow Agent shall have the right to refuse to make any payments from the Class Settlement Interchange Cash Escrow Account(s) until a qualified successor escrow agent is appointed and has accepted such appointment. Upon the appointment and acceptance of any qualified successor escrow agent hereunder, the Escrow Agent shall transfer the contents of the Class Settlement Interchange Cash Escrow Account(s) to its successor. Upon receipt by the successor escrow agent of those contents, the Escrow Agent shall be discharged from any continuing duties or obligations under this Agreement, but such discharge shall not relieve the Escrow Agent from any powers, duties, and obligations of the Escrow Agent under this Escrow Agreement arising prior to its replacement.

Appointment of Successor Escrow Agent. If at any time the Escrow Agent shall resign, be removed, removed or otherwise become incapable of acting as escrow agent pursuant to this Agreement, or if at any time a vacancy shall occur in the office of the Escrow Agent for any other cause, a qualified successor escrow agent that is mutually acceptable to Buyer and Company shall be appointed by the Interested Parties (other than the Escrow Agent) by a written instrument with delivered to the successor escrow agent that is approved and ordered by the Courtagent. If no qualified successor escrow agent has been appointed at the effective date of resignation or removal of the Escrow Agent or within thirty (30) 30 days after the time the Escrow Agent became becomes incapable of acting as the Escrow Agent or a vacancy occurred occurs in the office of the Escrow Agentescrow agent, any Party party hereto (other than the Escrow Agent) may petition the Court a court of competent jurisdiction for an appointment of a qualified successor escrow agent, and the Escrow Agent shall have the right to refuse to make any payments from the Class Settlement Interchange Escrow Account(s) until a qualified successor escrow agent is appointed and has accepted such appointment. Upon the appointment and acceptance of any qualified successor escrow agent hereunder, the Escrow Agent shall transfer the contents of the Class Settlement Interchange Escrow Account(s) Fund to its her successor. Upon receipt by the successor escrow agent of those contentsthe Escrow Fund, the Escrow Agent shall be discharged from any continuing duties or obligations under this Agreement, but such discharge shall not relieve the Escrow Agent from any liability incurred prior to such event, and the successor escrow agent shall be vested with all rights, powers, duties, duties and obligations of the Escrow Agent under this Escrow Agreement arising prior to its replacementAgreement.

Appointment of Successor Escrow Agent. If at any time the Escrow ------------------------------------- Agent shall resign, be removed, removed or otherwise become incapable of acting as escrow agent pursuant to this Agreement, or if at any time a vacancy shall occur in the office of the Escrow Agent for any other cause, a qualified successor escrow agent that meets the qualifications set forth in Section 18 shall be appointed by Buyer, with the Parties (other than the Escrow Agent) written consent of Xxxxxxxx, which consent may not be unreasonably withheld, by a written instrument with delivered to the successor escrow agent that is approved and ordered by the Courtagent. If no qualified successor escrow agent has been appointed at the effective date of resignation or removal of the Escrow Agent or within thirty (30) 30 days after the time the Escrow Agent became incapable of acting as the Escrow Agent or a vacancy occurred in the office of the Escrow Agentescrow agent, any Party party hereto (other than the Escrow Agent) may petition the Court a court of competent jurisdiction for an appointment of a qualified successor escrow agent, agent and the Escrow Agent shall have the right to refuse to make any payments from the Class Settlement Interchange Escrow Account(s) Amount until a qualified successor escrow agent is appointed and has accepted such appointment. Upon the appointment and acceptance of any qualified successor escrow agent hereunder, the Escrow Agent shall transfer the contents of the Class Settlement Interchange Escrow Account(s) Amount to its successor. Upon receipt by the successor escrow agent of those contentsthe Escrow Amount, the Escrow Agent shall be discharged from any continuing duties or obligations under this AgreementAgreement and the successor escrow agent shall be vested with all rights, but such discharge shall not relieve the Escrow Agent from any powers, duties, duties and obligations of the Escrow Agent under this Escrow Agreement arising prior to its replacementAgreement.

Appointment of Successor Escrow Agent. If at any time the Escrow Agent shall resign, be removed, removed or otherwise become incapable of acting as escrow agent pursuant to this Agreement, or if at any time a vacancy shall occur in the office of the Escrow Agent for any other cause, a qualified successor escrow agent that meets the qualifications set forth in Section 7.1 shall be appointed by Parent, with the Parties (other than the Escrow Agent) written consent of Stockholder Representative, which consent may not be unreasonably withheld, by a written instrument with delivered to the successor escrow agent that is approved and ordered by the Courtagent. If no qualified successor escrow agent has been appointed at the effective date of resignation or removal of the Escrow Agent or within thirty (30) days after the time the Escrow Agent became incapable of acting as the Escrow Agent or a vacancy occurred in the office of the Escrow Agentescrow agent, any Party party hereto (other than the Escrow Agent) may petition the Court a court of competent jurisdiction for an appointment of a qualified successor escrow agent, and the Escrow Agent shall have the right to refuse to make any payments from the Class Settlement Interchange Escrow Account(s) until a qualified successor escrow agent is appointed and has accepted such appointment. Upon the appointment and acceptance of any qualified successor escrow agent hereunder, the Escrow Agent shall transfer the contents of the Class Settlement Interchange Escrow Account(s) Fund to its successor. Upon receipt by the successor escrow agent of those contentsthe Escrow Fund, the Escrow Agent shall be discharged from any continuing duties or obligations under this Agreement, but such discharge shall not relieve the Escrow Agent from any liability incurred prior to such event, and the successor escrow agent shall be vested with all rights, powers, duties, duties and obligations of the Escrow Agent under this Escrow Agreement arising prior to its replacementAgreement.

Appointment of Successor Escrow Agent. If at any time the Escrow Agent shall resign, be removed, removed or otherwise become incapable of acting as escrow agent pursuant to this Agreement, or if at any time a vacancy shall occur in the office of the Escrow Agent for any other cause, a qualified mutually acceptable successor escrow agent shall be appointed by the Interested Parties (other than the Escrow Agent) by a written instrument with delivered to the successor escrow agent that is approved and ordered by the Courtagent. If no qualified successor escrow agent has been appointed at the effective date of resignation or removal of the Escrow Agent or within thirty (30) 30 days after the time the Escrow Agent became incapable of acting as the Escrow Agent or a vacancy occurred in the office of the Escrow Agentescrow agent, any Party party hereto (other than the Escrow Agent) may petition the Court a court of competent jurisdiction for an appointment of a qualified successor escrow agent, and the Escrow Agent shall have the right to refuse to make any payments from the Class Settlement Interchange Escrow Account(s) until a qualified successor escrow agent is appointed and has accepted such appointment. Upon the appointment and acceptance of any qualified successor escrow agent hereunder, the Escrow Agent shall transfer the contents of the Class Settlement Interchange Escrow Account(s) Fund to its successor. Upon receipt by the successor escrow agent of those contentsthe Escrow Fund, the Escrow Agent shall be discharged from any continuing duties or obligations under this Agreement, but such discharge shall not relieve the Escrow Agent from any liability incurred prior to such event, and the successor escrow agent shall be vested with all rights, powers, duties, duties and obligations of the Escrow Agent under this Escrow Agreement arising prior to its replacementAgreement.

Appointment of Successor Escrow Agent. If at any time the Escrow Agent shall resignresigns, be removed, is removed or otherwise become becomes incapable of acting as escrow agent pursuant to this Agreement, or if at any time a vacancy shall occur occurs in the office of the Escrow Agent for any other cause, a qualified successor escrow agent shall will be appointed by Buyer, which successor escrow agent must be reasonably satisfactory to the Parties (other than the Escrow Agent) Seller Representative, by a written instrument with delivered to the successor escrow agent that is approved and ordered by the Courtagent. If no qualified successor escrow agent has been appointed at the effective date of resignation or removal of the Escrow Agent or within thirty (30) 30 days after the time the Escrow Agent became incapable of acting as the Escrow Agent or a vacancy occurred in the office of the Escrow Agent, any Party party hereto (other than the Escrow Agent) may petition the Court a court of competent jurisdiction for an appointment of a qualified successor escrow agent, agent and the Escrow Agent shall will have the right to refuse to make any payments from the Class Settlement Interchange Escrow Account(s) Fund until a qualified successor escrow agent is appointed and has accepted such appointment. Upon the appointment and acceptance of any qualified successor escrow agent hereunder, Escrow Agent will transfer the Escrow Agent shall transfer the contents of the Class Settlement Interchange Escrow Account(s) Fund to its successor. Upon receipt by the successor escrow agent of those contents, the Escrow Fund, Escrow Agent shall will be discharged from any continuing duties or obligations under this Agreement, but such discharge shall will not relieve the Escrow Agent from any liability incurred before such event, and the successor escrow agent will be vested with all rights, powers, duties, duties and obligations of the Escrow Agent under this Escrow Agreement arising prior to its replacementAgreement.

Appointment of Successor Escrow Agent. If at any time the Escrow Agent shall resignresigns, be removed, is removed or otherwise become becomes incapable of acting as escrow agent pursuant to this Agreement, or if at any time a vacancy shall occur occurs in the office of the Escrow Agent for any other cause, then a qualified successor escrow agent shall will be appointed by the Parties (other than the Escrow Agent) Buyer, which successor escrow agent will be reasonably satisfactory to Seller’s Principal Stockholder, by a written instrument with delivered to the successor escrow agent that is approved and ordered by the Courtagent. If no qualified successor escrow agent has been appointed at the effective date of resignation or removal of the Escrow Agent or within thirty (30) days after the time the Escrow Agent became incapable of acting as the Escrow Agent or a vacancy occurred in the office of the Escrow Agent, then any Party party hereto (other than the Escrow Agent) may petition the Court a court of competent jurisdiction for an appointment of a qualified successor escrow agent, and the Escrow Agent shall will have the right to refuse to make any payments payment from the Class Settlement Interchange Escrow Account(s) Fund until a qualified successor escrow agent is appointed and has accepted such appointment. Upon the appointment and acceptance of any qualified successor escrow agent hereunder, Escrow Agent will transfer the Escrow Agent shall transfer the contents of the Class Settlement Interchange Fund to Escrow Account(s) to its Agent’s successor. Upon receipt by the successor escrow agent of those contents, the Escrow Fund, Escrow Agent shall will be discharged from any continuing duties duty or obligations obligation under this Agreement, but such discharge shall will not relieve the Escrow Agent from any liability incurred before such event, and the successor escrow agent will be vested with all rights, powers, duties, duties and obligations of the Escrow Agent under this Escrow Agreement arising prior to its replacementAgreement.

Appointment of Successor Escrow Agent. If at any time the Escrow Agent shall resignresigns, be removed, is removed or otherwise become becomes incapable of acting as escrow agent pursuant to this Agreement, or if at any time a vacancy shall occur occurs in the office of the Escrow Agent for any other cause, a qualified successor escrow agent shall will be appointed by the Parties (other than Company, which successor escrow agent will be reasonably satisfactory to the Escrow Agent) Representative, by a written instrument with delivered to the successor escrow agent that is approved and ordered by the Courtagent. If no qualified successor escrow agent has been appointed at the effective date of resignation or removal of the Escrow Agent or within thirty (30) calendar days after the time the Escrow Agent became incapable of acting as the Escrow Agent or a vacancy occurred in the office of the Escrow Agent, any Party party hereto (other than the Escrow Agent) may petition the Court a court of competent jurisdiction for an appointment of a qualified successor escrow agent, and the Escrow Agent shall will have the right to refuse to make any payments payment from the Class Settlement Interchange Escrow Account(s) Fund until a qualified successor escrow agent is appointed and has accepted such appointment. Upon the appointment and acceptance of any qualified successor escrow agent hereunder, Escrow Agent will transfer the Escrow Agent shall transfer the contents of the Class Settlement Interchange Fund to Escrow Account(s) to its Agent's successor. Upon receipt by the successor escrow agent of those contents, the Escrow Fund, Escrow Agent shall will be discharged from any continuing duties duty or obligations obligation under this Agreement, but such discharge shall will not relieve the Escrow Agent from any liability incurred before such event, and the successor escrow agent will be vested with all rights, powers, duties, duties and obligations of the Escrow Agent under this Escrow Agreement arising prior to its replacementAgreement.

Appointment of Successor Escrow Agent. If at any time the Escrow Agent shall resign, be removed, removed or otherwise become incapable of acting as escrow agent pursuant to this Agreement, or if at any time a vacancy shall occur in the office of the Escrow Agent for any other cause, a qualified successor escrow agent shall be appointed by the Parties (other than the Escrow Agent) Company by a written instrument with delivered to the successor escrow agent that is approved and ordered by the Courtagent. If no qualified successor escrow agent has been appointed at the effective date of resignation or removal of the Escrow Agent or within thirty (30) 10 days after the time the Escrow Agent became incapable of acting as the Escrow Agent or a vacancy occurred in the office of the Escrow Agentescrow agent pursuant to this Agreement, any Party party hereto (other than the Escrow Agent) may petition the Court a court of competent jurisdiction for an appointment of a qualified successor escrow agent, agent and the Escrow Agent shall have the right to refuse to make any payments from release the Class Settlement Interchange Escrow Account(s) Shares until a qualified successor escrow agent is appointed and has accepted such appointment. Upon the appointment and acceptance of any qualified successor escrow agent hereunder, the Escrow Agent shall transfer the contents of the Class Settlement Interchange Escrow Account(s) Shares, to its successor. Upon receipt by the successor escrow agent of those contentsthe Escrow Shares, the Escrow Agent shall be discharged from any continuing duties or obligations under this Agreement, but such discharge shall not relieve the Escrow Agent from any liability incurred prior to such event, and the escrow agent shall be vested with all rights, powers, duties, duties and obligations of the Escrow Agent under this Escrow Agreement arising prior to its replacementAgreement.