Custodian Removal. The Trustees may remove the Custodian upon 60 days' prior written notice to the Custodian and appoint a successor Custodian. In case at any time the Custodian shall not meet the requirements set forth in the Trust Agreement or shall become incapable of acting or if a court having jurisdiction shall enter a decree or order for relief in respect of the Custodian in an involuntary case, or the Custodian shall commence a voluntary case, under any applicable bankruptcy, insolvency, or other similar law now or hereafter in effect, or any receiver, liquidator, assignee, custodian, trustee, sequestrator (or similar official) for the Custodian or for any substantial part of its property shall be appointed, or the Custodian shall make any general assignment for the benefit of creditors, or shall generally fail to pay its debts as they become due, the Trustees may remove the Custodian immediately and appoint a successor Custodian. The termination of the Administration Agreement or the Paying Agent Agreement shall cause the removal of the Custodian simultaneously therewith.
Custodian Removal. The Custodian may be removed, with or without cause, by the Administrative Agent by notice given in writing to the Custodian (the “Custodian Termination Notice”); provided that notwithstanding its receipt of a Custodian Termination Notice, the Custodian shall continue to act in such capacity (and shall continue to be entitled to receive fees) until a successor Custodian has been appointed, has agreed to act as Custodian hereunder, and has received all Related Documents held by the previous Custodian.
Custodian Removal. The Custodian may be removed, with or without cause, by the Administrative Agent upon at least sixty (60) days’ notice given in writing to the Custodian and the Lenders (the “Custodian Termination Notice”); provided that notwithstanding its receipt of a Custodian Termination Notice, the Custodian shall continue to act in such capacity until a successor Custodian has been appointed in accordance with the requirements of Sections 5.5(d) and 13.10, and has received all Underlying Instruments and Collateral held by the previous Custodian
Custodian Removal. The Custodian may be removed, with or without cause, by the Administrative Agent upon at least sixty (60) days’ notice given in writing to the Custodian and the Lenders (the “Custodian Termination Notice”); provided that notwithstanding its receipt of a Custodian Termination Notice, the Custodian shall continue to act in such capacity until a successor Custodian has been appointed in accordance with the requirements of Sections 5.5(d) and 13.10, and has received all Underlying Instruments held by the previous Custodian. In the case of a resignation or removal of the Custodian, if no successor shall have been appointed and an instrument of acceptance by a successor shall not have been delivered to the Custodian within 90 days after the giving of such notice of resignation or removal, the Custodian may petition any court of competent jurisdiction for the appointment of a successor Custodian.
Custodian Removal. The Custodian may be removed pursuant to the terms of the Custodian Agreement; provided, however, the Custodian shall continue to act in such capacity until a successor Custodian has been appointed and has received all Underlying Instruments held by the previous Custodian.
Custodian Removal. The Borrower shall not remove the Custodian without the prior written consent or the written direction of the Administrative Agent. Upon any removal of the Custodian in accordance with the prior sentence, the Borrower shall consult with the Administrative Agent in appointing a qualified successor satisfactory to the Administrative Agent to act as custodian under the Custodial Agreement and cause such successor custodian to execute and deliver an agreement accepting such appointment in form and content reasonably satisfactory to the Administrative Agent and the Borrower, in each case within the applicable notice period set forth in the Custodial Agreement. SECTION XI.
Custodian Removal. The Custodian may be removed, with or without cause, by the Administrative Agent, with the consent of the Borrower (if such removal is without cause) so long as no Event of Default has occurred and is continuing, by at least 30 days’ notice 135 given in writing to the Custodian (the “Custodian Termination Notice”); provided that notwithstanding its receipt of a Custodian Termination Notice, the Custodian shall continue to act in such capacity (and shall continue to be entitled to receive fees) until a successor Custodian has been appointed, has agreed to act as Custodian hereunder, and has received all Related Documents held by the previous Custodian. If a successor Xxxxxxxxx is not appointed within thirty days of the Custodian’s receipt of notice of removal, the Custodian may petition a court of competent jurisdiction for the appointment of a successor and shall be indemnified pursuant to Section 14.06(o) for the reasonable costs and expenses thereof.
Custodian Removal. The Custodian may be removed, with or without cause, by the Administrative Agent by five (5) Business Days prior notice given in writing to the Custodian (the “Custodian Termination Notice”); provided that, notwithstanding its receipt of a Custodian Termination Notice, the Custodian shall continue to act in such capacity until a successor Custodian has been appointed and shall transfer all Required Loan Documents its holds within thirty (30) days following the Custodian Termination Notice (with, so long as an Event of Default has not occurred and is not continuing, the consent of the Borrower, such consent not to be unreasonably withheld), has agreed to act as Custodian hereunder, has made the representations and warranties contained in Section 4.4, and has received all Required Loan Documents held by the previous Custodian.
Custodian Removal. The Trust may remove the Custodian upon 60 days' prior written notice to the Custodian and appoint a successor Custodian. In case at any time the Custodian shall not meet the requirements set forth in the Trust Agreement or shall become incapable of acting or if a court having jurisdiction shall enter a decree or order for relief in
Custodian Removal. The Trust may remove the Custodian upon 60 days' prior written notice to the Custodian and appoint a successor Custodian. In case at any time the Custodian shall not meet the requirements set forth in the Trust Agreement or shall become incapable of acting or if a court having jurisdiction shall enter a decree or order for relief in respect of the Custodian in an involuntary case, or the Custodian shall commence a voluntary case, under any applicable bankruptcy, insolvency, or other similar law now or hereafter in effect, or any receiver, liquidator, assignee, custodian, trustee, sequestrator (or similar official) for the Custodian or for any substantial part of its property shall be appointed, or the Custodian shall make any general assignment for the benefit of creditors, or shall generally fail to pay its debts as they become due, the Trust may remove the Custodian immediately and appoint a successor Custodian. The termination of the Administration Agreement or the Paying Agent Agreement shall cause the removal of the Custodian simultaneously therewith. Transfers to Successor Custodian. Upon the request of any successor Custodian, the Custodian hereunder shall, upon payment of all amounts due it, execute and deliver an instrument acknowledged by it transferring to such successor Custodian all the rights and powers of the retiring Custodian; and the retiring Custodian shall transfer, deliver and pay over to the successor Custodian the Assets at the time held by it hereunder, if any, together with all necessary instruments of transfer and assignment or other documents properly executed necessary to effect such transfer and such of the records or copies thereof maintained by the retiring Custodian in the administration hereof as may be requested by the successor Custodian, and shall thereupon be discharged from all duties and responsibilities hereunder. Any resignation or removal of the Custodian shall become effective upon such acceptance of appointment by the successor Custodian. The indemnification of the resigning Custodian provided for hereunder shall survive any resignation, discharge or removal of the Custodian hereunder.
