Effect of Resignation and Appointment Sample Clauses

Effect of Resignation and Appointment. On the Amendment No. 2 Effective Date, (i) Credit Suisse shall succeed to and become vested with all the rights, powers, privileges and duties of the Resigning Administrative Agent under all of the Credit Documents, (ii) any reference to the term “Administrative Agent” in any Credit Document shall be deemed a reference to Credit Suisse, as successor Administrative Agent and (iii) the Retiring Administrative Agent’s rights, powers, privileges and duties under the Credit Documents shall be terminated and the provisions of Section 13 of the Credit Agreement shall inure to its benefit as to any actions taken or omitted to be taken by it while it was Administrative Agent under the Credit Documents. Without limiting the generality of the foregoing any and all references to the Administrative Agent on any publicly filed document, to the extent such filing relates to Liens arising under the Credit Documents and until such filing is modified to reflect the interest of Credit Suisse, as successor Administrative Agent, shall, with respect to such Liens, constitute a reference to Citicorp USA, Inc. as the collateral agent and collateral representative of Credit Suisse, as successor Administrative Agent.

Effect of Resignation and Appointment. Each of the parties hereto agrees that, as of the date hereof, (i) WFF, as the New Swingline Lender, shall succeed to, and become vested with, all of the rights, powers, privileges, duties and obligations of the “US Swingline Lender”, (ii) the term “US Swingline Lender “, as used in the Credit Documents, shall mean WFF, in its capacity as New Swingline Lender effective upon its appointment as such on the date hereof, (iii) the rights (except for those rights inuring to Existing Swingline Lender’s benefit pursuant to Sections 9.1(b), (c), and (d) and Section 2.3(h) of the Credit Agreement and those rights that survive resignation of the Existing Swingline Lender and/or termination of the Credit Agreement), powers, privileges, duties and obligations of Xxxxx Fargo, as Existing Swingline Lender, shall, except as set forth in Section 4(c) hereof, be released, discharged and terminated, and (iv) WFF, as New Swingline Lender, shall have no responsibility or liability for any actions taken or omitted to be taken by Xxxxx Fargo, as Existing Swingline Lender. From and after the Effective Date, the New Administrative Agent shall make all payments in respect of US Swingline Advances (including payments of principal, interest, fees and other amounts) to the New Swingline Lender whether such amounts have accrued prior to, on or after the Effective Date. The Existing Swingline Lender and the New Swingline Lender shall make all appropriate adjustments in payments with respect to the US Swingline Advances for periods prior to the Effective Date or with respect to the making of this assignment directly between themselves.