Common use of Replacement of Fiscal Agent Clause in Contracts

Replacement of Fiscal Agent. The Fiscal Agent may resign upon 30 days’ written notice to the Company. The Holders of a majority in principal amount of the outstanding Securities may remove the Fiscal Agent by notifying the removed Fiscal Agent and the Company. Those Holders may appoint a successor Fiscal Agent with the Company’s consent. The Company may remove the Fiscal Agent without prior notice if: (1) the Fiscal Agent is adjudged a bankrupt or an insolvent; (2) a receiver or public officer takes charge of the Fiscal Agent or its property; or (3) the Fiscal Agent becomes incapable of acting. If the Fiscal Agent resigns or is removed or if a vacancy exists in the office of Fiscal Agent for any reason, the Company shall promptly appoint a successor Fiscal Agent. Within one year after the successor Fiscal Agent takes office, the Holders of a majority in principal amount of the Securities may appoint a successor Fiscal Agent to replace the successor Fiscal Agent appointed by the Company. If a successor Fiscal Agent does not take office within 60 days after the retiring Fiscal Agent resigns or is removed, the retiring Fiscal Agent, the Company or the Holders of a majority in principal amount of the Securities may petition any court of competent jurisdiction for the appointment of a successor Fiscal Agent. A successor Fiscal Agent shall deliver a written acceptance of its appointment to the retiring Fiscal Agent and to the Company. Immediately after that, the retiring Fiscal Agent shall transfer all property held by it as Fiscal Agent to the successor Fiscal Agent, the resignation or removal of the retiring Fiscal Agent shall become effective, and the successor Fiscal Agent shall hâve all the rights, powers and duties of the Fiscal Agent under this Agreement. A successor Fiscal Agent shall mail notice of its succession to each Holder of Securities for which it acts as Fiscal Agent. If at the time a successor to the Fiscal Agent succeeds to the trusts created by this Agreement any of the Securities shall have been authenticated but not delivered, the successor to the Fiscal Agent may adopt the certificate of authentication of any predecessor fiscal agent and deliver the Securities so authenticated. If at that time any of the Securities shall not have been authenticated, any successor to the Fiscal Agent may authenticate the Securities either in the name of any predecessor fiscal agent hereunder or in the name of the successor fiscal agent. In all such cases the certificate of authentication shall have the same force and effect which the provisions of the Securities or this Agreement provided that certificates of authentication of the Fiscal Agent shall have, except that the right to adopt the certificate of authentication of any predecessor Fiscal Agent or to authenticate the Securities in the name of any predecessor Fiscal Agent shall apply only to its successor or successors by merger, conversion or consolidation.

Replacement of Fiscal Agent. The Fiscal Agent may resign upon 30 days’ ' written notice to the Company. The Holders of a majority in principal amount of the outstanding Securities may remove the Fiscal Agent by notifying the removed Fiscal Agent and the Company. Those Holders may appoint a successor Fiscal Agent with the Company’s 's consent. The Company may remove the Fiscal Agent without prior notice if: (1) the Fiscal Agent is adjudged a bankrupt or an insolvent; (2) a receiver or public officer takes charge of the Fiscal Agent or its property; or (3) the Fiscal Agent becomes incapable of acting. If the Fiscal Agent resigns or is removed or if a vacancy exists in the office of Fiscal Agent for any reason, the Company shall promptly appoint a successor Fiscal Agent. Within one year after the successor Fiscal Agent takes office, the Holders of a majority in principal amount of the Securities may appoint a successor Fiscal Agent to replace the successor Fiscal Agent appointed by the Company. If a successor Fiscal Agent does not take office within 60 days after the retiring Fiscal Agent resigns or is removed, the retiring Fiscal Agent, the Company or the Holders of a majority in principal amount of the Securities may petition any court of competent jurisdiction for the appointment of a successor Fiscal Agent. A successor Fiscal Agent shall deliver a written acceptance of its appointment to the retiring Fiscal Agent and to the Company. Immediately after that, the retiring Fiscal Agent shall transfer all property held by it as Fiscal Agent to the successor Fiscal Agent, the resignation or removal of the retiring Fiscal Agent shall become effective, and the successor Fiscal Agent shall hâve have all the rights, powers and duties of the Fiscal Agent under this Agreement. A successor Fiscal Agent shall mail notice of its succession to each Holder of Securities for which it acts as Fiscal Agent. If at the time a successor to the Fiscal Agent succeeds to the trusts created by this Agreement any of the Securities shall have been authenticated but not delivered, the successor to the Fiscal Agent may adopt the certificate of authentication of any predecessor fiscal agent and deliver the Securities so authenticated. If at that time any of the Securities shall not have been authenticated, any successor to the Fiscal Agent may authenticate the Securities either in the name of any predecessor fiscal agent hereunder or in the name of the successor fiscal agent. In all such cases the certificate of authentication shall have the same force and effect which the provisions of the Securities or this Agreement provided that certificates of authentication of the Fiscal Agent shall have, except that the right to adopt the certificate of authentication of any predecessor Fiscal Agent or to authenticate the Securities in the name of any predecessor Fiscal Agent shall apply only to its successor or successors by merger, conversion or consolidation.

Replacement of Fiscal Agent. A resignation or removal of the Fiscal Agent and appointment of a successor Fiscal Agent shall become effective only upon the successor Fiscal Agent's acceptance of appointment as provided in this Section. The Fiscal Agent may resign upon 30 at any time by giving 60 days’ ' prior written notice thereof to the Company. The Either the Company or the Holders of a majority in principal amount of the outstanding Securities may remove the Fiscal Agent at any time by notifying the removed Fiscal Agent and the Company. Those Holders may appoint a successor Fiscal Agent with the Company’s consent. The Company may remove giving written notice thereof to the Fiscal Agent without prior notice if: (1) and, in the Fiscal Agent case where removal is adjudged a bankrupt or an insolvent; (2) a receiver or public officer takes charge at the election of the Fiscal Agent or its property; or (3) Holders of a majority in principal aggregate amount of the Fiscal Agent becomes incapable of actingSecurities, the Company. If the Fiscal Agent resigns or is removed or if a vacancy exists in the office of Fiscal Agent for any reason, the Company shall promptly appoint a successor Fiscal Agent. Within one year after the successor Fiscal Agent takes office, the Holders of a majority in principal amount of the Securities may appoint a successor Fiscal Agent to replace the successor Fiscal Agent appointed by the Company. If a successor Fiscal Agent does not take office within 60 days after the retiring Fiscal Agent resigns or is removed, the retiring Fiscal Agent or the Company will appoint a successor Fiscal Agent. If the Fiscal Agent fails to comply with Section 9.8, the Company or the Holders of a majority in principal amount of the Securities may petition any court of competent jurisdiction for the appointment of will promptly appoint a successor Fiscal Agent. A successor Fiscal Agent shall deliver a written acceptance of its appointment to the retiring Fiscal Agent and to the Company. Immediately after thatThereupon, the retiring Fiscal Agent shall transfer all property held by it as Fiscal Agent to the successor Fiscal Agent, the resignation or removal of the retiring Fiscal Agent shall become effective, and the successor Fiscal Agent shall hâve have all the rights, powers and duties of the Fiscal Agent under this Agreement. A The successor Fiscal Agent shall mail a notice of its succession to each Holder of Securities for which it acts as Fiscal Agent. If at the time a successor to the Fiscal Agent succeeds to the trusts created by this Agreement any of the Securities shall have been authenticated but not delivered, the successor to the Fiscal Agent may adopt the certificate of authentication of any predecessor fiscal agent and deliver the Securities so authenticated. If at that time any of the Securities shall not have been authenticated, any successor to the Fiscal Agent may authenticate the Securities either in the name of any predecessor fiscal agent hereunder or in the name of the successor fiscal agent. In all such cases the certificate of authentication shall have the same force and effect which the provisions of the Securities or this Agreement provided that certificates of authentication of the Fiscal Agent shall have, except that the right to adopt the certificate of authentication of any predecessor Fiscal Agent or to authenticate the Securities in the name of any predecessor Fiscal Agent shall apply only to its successor or successors by merger, conversion or consolidationHolders.

Replacement of Fiscal Agent. A resignation or removal of the Fiscal Agent and appointment of a successor Fiscal Agent shall become effective only upon the successor Fiscal Agent’s acceptance of appointment as provided in this Section. The Fiscal Agent may resign upon 30 at any time by giving 60 days’ prior written notice thereof to MBIA. Either MBIA or the Company. The Holders of a majority in aggregate principal amount of the outstanding Securities Notes may remove the Fiscal Agent at any time by notifying the removed Fiscal Agent and the Company. Those Holders may appoint a successor Fiscal Agent with the Company’s consent. The Company may remove giving written notice thereof to the Fiscal Agent without prior notice if: (1) and, in the Fiscal Agent case where removal is adjudged a bankrupt or an insolvent; (2) a receiver or public officer takes charge at the election of the Fiscal Agent or its property; or (3) Holders of a majority in aggregate principal amount of the Fiscal Agent becomes incapable of actingNotes, MBIA. If the Fiscal Agent resigns or is removed or if a vacancy exists in the office of Fiscal Agent for any reason, the Company MBIA shall promptly appoint a successor Fiscal Agent. Within one year after the successor Fiscal Agent takes office, the Holders of a majority in aggregate principal amount of the Securities Notes may appoint a successor Fiscal Agent to replace the successor Fiscal Agent appointed by the CompanyMBIA. If a successor Fiscal Xxxxxx Agent does not take office within 60 days after the retiring Fiscal Agent resigns or is removed, the retiring Fiscal Agent, the Company MBIA or the Holders of a majority at least 10% in principal amount of the Securities Notes may petition any court of competent jurisdiction for the appointment of a successor Fiscal Agent. If the Fiscal Agent fails to comply with Section 10.08, any Noteholder or holder of any beneficial interest in a Note may petition any court of competent jurisdiction for the removal of the Fiscal Agent and the appointment of a successor Fiscal Agent. A successor Fiscal Agent shall deliver a written acceptance of its appointment to the retiring Fiscal Agent and to the CompanyMBIA. Immediately after thatThereupon, the retiring Fiscal Agent shall shall, upon payment of its charges, transfer all property held by it as Fiscal Agent to the successor Fiscal Agent, the resignation or removal of the retiring Fiscal Agent shall become effective, and the successor Fiscal Agent shall hâve have all the rights, powers and duties of the Fiscal Agent under this Agreement. A The successor Fiscal Agent shall mail a notice of its succession to each Holder of Securities for which it acts as Fiscal Agent. If at the time a successor to the Fiscal Agent succeeds to the trusts created by this Agreement any of the Securities shall have been authenticated but not delivered, the successor to the Fiscal Agent may adopt the certificate of authentication of any predecessor fiscal agent and deliver the Securities so authenticated. If at that time any of the Securities shall not have been authenticated, any successor to the Fiscal Agent may authenticate the Securities either in the name of any predecessor fiscal agent hereunder or in the name of the successor fiscal agent. In all such cases the certificate of authentication shall have the same force and effect which the provisions of the Securities or this Agreement provided that certificates of authentication of the Fiscal Agent shall have, except that the right to adopt the certificate of authentication of any predecessor Fiscal Agent or to authenticate the Securities in the name of any predecessor Fiscal Agent shall apply only to its successor or successors by merger, conversion or consolidationNoteholders.

Replacement of Fiscal Agent. (a) A resignation or removal of the Fiscal Agent and appointment of a successor Fiscal Agent shall become effective only upon the successor Fiscal Agent's acceptance of appointment as provided in this Section. (b) The Fiscal Agent may resign upon 30 at any time by giving 60 days’ ' prior written notice thereof to the Company. The Either the Company or the Holders of a majority in principal amount of the outstanding Securities Outstanding Notes may remove the Fiscal Agent at any time by notifying giving written notice thereof (i) to the removed Fiscal Agent and (ii) in the case where removal is at the election of the Holders of a majority in principal aggregate amount of the Notes, to the Company. Those Holders may appoint a successor Fiscal Agent with the Company’s consent. The Company may remove the Fiscal Agent without prior notice if:. (1c) the Fiscal Agent is adjudged a bankrupt or an insolvent; (2) a receiver or public officer takes charge of the Fiscal Agent or its property; or (3) the Fiscal Agent becomes incapable of acting. If the Fiscal Agent resigns or is removed or if a vacancy exists in the office of Fiscal Agent for any reason, the Company shall promptly appoint a successor Fiscal Agent. Within one year six months after the successor Fiscal Agent takes office, the Holders of a majority in principal amount of the Securities Outstanding Notes may appoint a successor Fiscal Agent to replace the successor Fiscal Agent appointed by the Company. . (d) If a successor Fiscal Agent does not take office within 60 days after the retiring Fiscal Agent resigns or is removed, the retiring Fiscal Agent, the Company or the Holders of a majority at least 10% in principal amount of the Securities Outstanding Notes may petition petition, at the expense of the Company, any court of competent jurisdiction for the appointment of a successor Fiscal Agent. . (e) If the Fiscal Agent fails to comply with Section 7.8, any Noteholder or Beneficial Holder may petition any court of competent jurisdiction for the removal of the Fiscal Agent and the appointment of a successor Fiscal Agent. (f) A successor Fiscal Agent shall deliver a written acceptance of its appointment to the retiring Fiscal Agent and to the Company. Immediately after thatThereupon, the retiring Fiscal Agent shall transfer all property held by it as Fiscal Agent to the successor Fiscal Agent, the resignation or removal of the retiring Fiscal Agent shall become effective, and the successor Fiscal Agent shall hâve have all the rights, powers and duties of the Fiscal Agent under this Agreement. A The successor Fiscal Agent shall mail a notice of its succession to each Holder of Securities for which it acts as Fiscal Agent. If at the time a successor to the Fiscal Agent succeeds to the trusts created by this Agreement any of the Securities shall have been authenticated but not delivered, the successor to the Fiscal Agent may adopt the certificate of authentication of any predecessor fiscal agent and deliver the Securities so authenticated. If at that time any of the Securities shall not have been authenticated, any successor to the Fiscal Agent may authenticate the Securities either in the name of any predecessor fiscal agent hereunder or in the name of the successor fiscal agent. In all such cases the certificate of authentication shall have the same force and effect which the provisions of the Securities or this Agreement provided that certificates of authentication of the Fiscal Agent shall have, except that the right to adopt the certificate of authentication of any predecessor Fiscal Agent or to authenticate the Securities in the name of any predecessor Fiscal Agent shall apply only to its successor or successors by merger, conversion or consolidationNoteholders.

Replacement of Fiscal Agent. The Fiscal Agent may resign upon 30 days’ written notice to the Company. The Holders of a majority in principal amount of the outstanding Securities may remove the Fiscal Agent by notifying the removed Fiscal Agent and the Company. Those Holders may appoint a successor Fiscal Agent with the Company’s consent. The Company may remove the Fiscal Agent without prior notice if: (1) the Fiscal Agent is adjudged a bankrupt or an insolvent; (2) a receiver or public officer takes charge of the Fiscal Agent or its property; , or (3) the Fiscal Agent becomes incapable of acting. If the Fiscal Agent resigns or is removed or if a vacancy exists in the office of Fiscal Agent for any reason, the Company shall promptly appoint a successor Fiscal Agent. Within one year after the successor Fiscal Agent takes office, the Holders of a majority in principal amount of the Securities may appoint a successor Fiscal Agent to replace the successor Fiscal Agent appointed by the Company. If a successor Fiscal Agent does not take office within 60 30 days after the retiring Fiscal Agent resigns or is removed, the retiring Fiscal Agent, the Company or the Holders of a majority in principal amount of the Securities may petition any court of competent jurisdiction for the appointment of a successor Fiscal Agent. A successor Fiscal Agent shall deliver a written acceptance of its appointment to the retiring Fiscal Agent and to the Company. Immediately after that, the retiring Fiscal Agent shall transfer all property held by it as Fiscal Agent to the successor Fiscal AgentAgent (subject to its senior claim and lien), the resignation or removal of the retiring Fiscal Agent shall become effective, and the successor Fiscal Agent shall hâve have all the rights, powers and duties of the Fiscal Agent under this Agreement. A successor Fiscal Agent shall mail notice of its succession to each Holder of Securities for which it acts as Fiscal Agent. If at the time a successor to the Fiscal Agent succeeds to the trusts created by this Agreement any of the Securities shall have been authenticated but not delivered, the successor to the Fiscal Agent may adopt the certificate of authentication of any predecessor fiscal agent and deliver the Securities so authenticated. If at that time any of the Securities shall not have been authenticated, any successor to the Fiscal Agent may authenticate the Securities either in the name of any predecessor fiscal agent hereunder or in the name of the successor fiscal agent. In all such cases the certificate of authentication shall have the same force and effect which the provisions of the Securities or this Agreement provided that certificates of authentication of the Fiscal Agent shall have, except that the right to adopt the certificate of authentication of any predecessor Fiscal Agent or to authenticate the Securities in the name of any predecessor Fiscal Agent shall apply only to its successor or successors by merger, conversion or consolidation.

Replacement of Fiscal Agent. A resignation or removal of the Fiscal Agent and appointment of a successor Fiscal Agent shall become effective only upon the successor Fiscal Agent’s acceptance of appointment as provided in this Section. The Fiscal Agent may resign upon 30 at any time by giving 60 days’ prior written notice thereof to MBIA. Either MBIA or the Company. The Holders of a majority in aggregate principal amount of the outstanding Securities Notes may remove the Fiscal Agent at any time by notifying the removed Fiscal Agent and the Company. Those Holders may appoint a successor Fiscal Agent with the Company’s consent. The Company may remove giving written notice thereof to the Fiscal Agent without prior notice if: (1) and, in the Fiscal Agent case where removal is adjudged a bankrupt or an insolvent; (2) a receiver or public officer takes charge at the election of the Fiscal Agent or its property; or (3) Holders of a majority in aggregate principal amount of the Fiscal Agent becomes incapable of actingNotes, MBIA. If the Fiscal Agent resigns or is removed or if a vacancy exists in the office of Fiscal Agent for any reason, the Company MBIA shall promptly appoint a successor Fiscal Agent. Within one year after the successor Fiscal Agent takes office, the Holders of a majority in aggregate principal amount of the Securities Notes may appoint a successor Fiscal Agent to replace the successor Fiscal Agent appointed by the CompanyMBIA. If a successor Fiscal Agent does not take office within 60 days after the retiring Fiscal Agent resigns or is removed, the retiring Fiscal Agent, the Company MBIA or the Holders of a majority at least 10% in principal amount of the Securities Notes may petition any court of competent jurisdiction for the appointment of a successor Fiscal Agent. If the Fiscal Agent fails to comply with Section 10.08, any Noteholder or holder of any beneficial interest in a Note may petition any court of competent jurisdiction for the removal of the Fiscal Agent and the appointment of a successor Fiscal Agent. A successor Fiscal Agent shall deliver a written acceptance of its appointment to the retiring Fiscal Agent and to the CompanyMBIA. Immediately after thatThereupon, the retiring Fiscal Agent shall shall, upon payment of its charges, transfer all property held by it as Fiscal Agent to the successor Fiscal Agent, the resignation or removal of the retiring Fiscal Agent shall become effective, and the successor Fiscal Agent shall hâve have all the rights, powers and duties of the Fiscal Agent under this Agreement. A The successor Fiscal Agent shall mail a notice of its succession to each Holder of Securities for which it acts as Fiscal Agent. If at the time a successor to the Fiscal Agent succeeds to the trusts created by this Agreement any of the Securities shall have been authenticated but not delivered, the successor to the Fiscal Agent may adopt the certificate of authentication of any predecessor fiscal agent and deliver the Securities so authenticated. If at that time any of the Securities shall not have been authenticated, any successor to the Fiscal Agent may authenticate the Securities either in the name of any predecessor fiscal agent hereunder or in the name of the successor fiscal agent. In all such cases the certificate of authentication shall have the same force and effect which the provisions of the Securities or this Agreement provided that certificates of authentication of the Fiscal Agent shall have, except that the right to adopt the certificate of authentication of any predecessor Fiscal Agent or to authenticate the Securities in the name of any predecessor Fiscal Agent shall apply only to its successor or successors by merger, conversion or consolidationNoteholders.