Common use of Key Management Clause in Contracts

Key Management. The death, disability, or failure of either Xxxxxx Xxxxxxxx or Xxxxx Xxxxxxxx at any time to exercise that authority and discharge those management responsibilities with respect to the Borrower as are exercised and discharged by such Persons at the execution of this Agreement, and the failure of the Borrower to appoint a successor reasonably acceptable to the Agent within one hundred twenty (120) days following such cessation.

Appears in 2 contracts

Samples: Loan and Security Agreement (RoomStore, Inc.), Loan and Security Agreement (RoomStore, Inc.)

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Key Management. The death, disability, or failure of either Xxxx Xxxxxxxxxx and Xxxxx Xxxxxx Xxxxxxxx or Xxxxx Xxxxxxxx at any time to exercise that authority and discharge those management responsibilities with respect to the Borrower as are exercised and discharged by such Persons Person at the execution of this Agreement, and the failure of the Borrower to appoint a successor reasonably acceptable unless such Person is replaced within ninety (90) days after such death, disability, or failure, with personnel satisfactory to the Agent within one hundred twenty (120) days following such cessationLender, in the Lender’s discretion.

Appears in 1 contract

Samples: Loan and Security Agreement (Dreams Inc)

Key Management. The death, disability, or failure of either Xxxxx Xxxxxx Xxxxxxxx or Xxxxx Xxxxxxxx at any time to exercise that authority and discharge those management responsibilities with respect to the Lead Borrower as are exercised and discharged by such Persons Person at the execution of this Agreement, and Agreement unless replaced by the failure affirmative vote of the Borrower to appoint Lead Borrower's board of directors within 45 days of such death, disability or failure with a successor person reasonably acceptable to the Agent within one hundred twenty (120) days following such cessationAdministrative Agent.

Appears in 1 contract

Samples: Loan Agreement (Natural Wonders Inc)

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Key Management. The death, disability, or failure of either Xxxxx Xxxxxx Xxxxxxxx or Xxxxx Xxxxxxxx at any time to exercise that authority and discharge those management responsibilities with respect to the Lead Borrower as are exercised and discharged by such Persons Person at the execution of this Agreement, and Agreement unless replaced by the failure affirmative vote of the Borrower to appoint Lead Borrower's board of directors within 45 days of such death, disability or failure with a successor person reasonably acceptable to the Agent within one hundred twenty (120) days following such cessationLender.

Appears in 1 contract

Samples: Loan Agreement (Natural Wonders Inc)

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