Appointment of Successors. If (i) the Registrar shall resign, shall be removed, shall be dissolved, or shall become otherwise incapable of acting hereunder, (ii) the Registrar shall be taken under the control of any public officer or officers, (iii) a receiver shall be appointed for the Registrar by a court, or (iv) the Registrar shall have an order for relief entered in any case commenced by or against it under the federal bankruptcy laws or commence a proceeding under any federal or state bankruptcy, insolvency, reorganization or similar law, or have such a proceeding commenced against it and either have an order of insolvency or reorganization entered against it or have the proceeding remain undismissed and unstayed for 90 days, then a successor Registrar shall be appointed by the Issuer, with the written consent of the Company and the Trustee; provided, that if a successor Registrar is not so appointed within ten days after (a) a notice of resignation or an instrument or document of removal is received by the Issuer, as provided above, or (b) the Registrar is dissolved, taken under control, becomes otherwise incapable of acting or a receiver is appointed, in each case, as provided above, then, if the Issuer shall not have appointed a successor Registrar, the Trustee or the Holders of a majority in aggregate principal amount of Bonds then Outstanding may designate a successor Registrar by an instrument or document or concurrent instruments or documents in writing signed by the Trustee, or in the case of the Holders, by or on behalf of those Holders. Every successor Registrar appointed hereunder shall execute and acknowledge, and shall deliver to its predecessor, the Issuer, the Trustee and the Company, an instrument or document accepting the appointment. Thereupon, without any further act, the successor shall become vested with all of the properties, remedies, powers, rights, duties, obligations, discretion, privileges, claims, demands, causes of action, immunities, titles and interests of its predecessor. Upon the written request of its successor, the Issuer or the Company, a predecessor Registrar (i) shall execute and deliver an instrument or document transferring to its successor all of the properties, remedies, powers, rights, duties, obligations, discretion, privileges, claims, demands, causes of action, immunities, titles and interests of it as predecessor Registrar hereunder, and (ii) shall take any other action necessary duly to assign, transfer and deliver to its success...
Appointment of Successors. (a) Upon the Servicer's receipt of notice of its termination from the Indenture Trustee pursuant to Section 14.01 hereof or the Servicer's resignation in accordance with the terms of this Agreement, the Servicer shall continue to perform its functions as Servicer under this Agreement, in the case of termination, only until the date specified in such termination notice (which date shall be at least 45 days after the date of such notice), or, if no such date is specified in a notice of termination, until the expiration of 45 days after receipt of such notice by the Servicer and, in the case of resignation, until the later of (x) the date forty-five (45) days from the delivery to the Back-up Servicer and the Indenture Trustee of written notice of such resignation (or the date of written confirmation of such notice prior to the expiration of the forty-five (45) days) in accordance with the terms of this Agreement and (y) the date upon which the predecessor Servicer shall become unable to act as Servicer, as specified in the notice of resignation and accompanying Opinion of Counsel. In the event of the Servicer's resignation or termination hereunder, and unless the Majority Controlling Noteholders directs otherwise, the Back-up Servicer shall, subject to the provisions of Section 14.01, automatically be the successor Servicer under this Agreement and the transactions set forth or provided for herein and shall be subject to all the responsibilities, duties and liabilities relating thereto placed on the Back-up Servicer as Servicer by the terms and provisions hereof; provided, however, that neither the Back-up Servicer, nor any other successor Servicer shall be liable for any actions of the Servicer or any other predecessor Servicer prior to such succession or for any breach by the Servicer or any other predecessor Servicer of any of its representations, warranties or covenants contained in this Agreement or in any related document or agreement.
Appointment of Successors. Not, without the prior written consent of the Bank, appoint a successor Paying Agent/Registrar or Remarketing Agent; provided, however, that prior written consent shall not be required in circumstances of succession or assignment due to merger, consolidation or other similar action.
Appointment of Successors. Upon the death, resignation or removal of a person serving as, or on a committee which is, the Administrator, the Plan Sponsor may, but need not, appoint a successor.
Appointment of Successors. 42 13.7 Additional Duties and Responsibilities............................................... 42 13.8
Appointment of Successors. The Corporation shall not, without the prior written consent of the Purchaser, which consent shall not be unreasonably withheld, appoint a successor Bond Trustee.
Appointment of Successors. Upon the death, resignation or removal of a person serving as, or on a committee of the Board which serves as the Administrator of the Plan, the Bank, by its Board of Directors may but need not, appoint a successor.
Appointment of Successors. (a) If, prior to the termination of service of a member of the TAC other than as a result of removal, he or she has designated in writing an individual to succeed him or her as a member of the TAC, such individual shall be his or her successor. If such member of the TAC did not designate an individual to succeed him or her prior to the termination of his or her service as contemplated above, such member’s law firm may designate his or her successor. If (i) a member of the TAC did not designate an individual to succeed him or her prior to the termination of his or her service and such member’s law firm does not designate his or her successor as contemplated above or (ii) he or she is removed pursuant to Section 5.3(c) above, his or her successor shall be appointed by a majority of the remaining members of the TAC or, if such members cannot agree on a successor, the Bankruptcy Court. Nothing in this Trust Agreement shall prevent the reappointment of an individual serving as a member of the TAC for an additional term, and there shall be no limit on the number of terms that a TAC member may serve.
Appointment of Successors. 80 SECTION 14.04 Notice of Events of Servicer Default.................. 83 SECTION 14.05 Waiver of Past Defaults............................... 83
Appointment of Successors. Not, without the prior written consent of the Banks, appoint a successor Paying Agent/Registrar or Remarketing Agent.
