Resignation and Appointment of Agent. Pursuant to and in accordance with Section 8.9 of the Credit Agreement, (a) Xxxxx Fargo hereby resigns as Administrative Agent under the Credit Agreement and the other Credit Documents, (b) the Borrower hereby requests that the Successor Agent act as the successor Administrative Agent under the Credit Documents and (c) the Successor Agent hereby accepts the appointment to act as successor Administrative Agent under the Credit Documents and agrees to serve as Administrative Agent under the Credit Documents; in each case, effective as of the Effective Date (as defined below). Each of the parties hereto agrees to execute all other documents, if any, reasonably necessary to evidence the resignation of the Resigning Agent and the appointment of the Successor Agent as the successor Administrative Agent. 096900-0090-12080096
Resignation and Appointment of Agent. Pursuant to Section 8.06 of the Credit Agreement (a) the Existing Agent’s resignation as the Administrative Agent is hereby effective and the Required Lenders hereby accept the resignation of JPMorgan Chase as Administrative Agent under the Credit Documents and (b) the Required Lenders and the Existing Agent, on behalf of the Lenders and the Issuing Bank, hereby appoint BNYM to act as the successor Administrative Agent under the Credit Documents, in each case, effective as of the Effective Date (as defined herein). As of the Effective Date, the Successor Agent hereby accepts, and the Borrower approves, the appointment of BNYM to act as the Administrative Agent under the Credit Documents. Each of the parties hereto agrees to execute, at the expense of the Borrower (subject to Section 6 hereof), all documents and take such further action as may be reasonably necessary to evidence the appointment of BNYM as the successor Administrative Agent and the assignment of the security interests hereunder. For the avoidance of doubt BNYM will not be succeeding JPMorgan Chase in its role as Issuing Lender or Swingline Lender. Such roles shall be retained by JPMorgan Chase.
Resignation and Appointment of Agent. (a) Barclays Bank PLC hereby resigns as Administrative Agent under the Amended Credit Agreement and the other Loan Documents, and the Required Lenders hereby appoint (and the Borrower hereby consents to the appointment of) Jefferies Finance LLC as Successor Administrative Agent under the Amended Credit Agreement and the other Loan Documents, which resignation and appointment shall become effective upon the execution by Barclays Bank PLC, in its capacity as the resigning Administrative Agent, Jefferies Finance LLC, in its capacity as Successor Administrative Agent, and the Borrower of a successor agency agreement in form and substance reasonably satisfactory to Barclays Bank PLC, Jefferies Finance LLC and the Borrower.
Resignation and Appointment of Agent. Pursuant to Section 12.11 of the Credit Agreement (a) the Existing Agent’s resignation as the Administrative Agent is hereby effective and the Required Lenders hereby accept the resignation of JPMorgan Chase as Administrative Agent under the Credit Agreement and the other Fundamental Documents and (b) the Required Lenders hereby appoint Wilmington to act as the successor Administrative Agent under the Credit Agreement and the other Fundamental Documents, in each case, effective as of the Effective Date. As of the Effective Date, the Successor Agent hereby accepts, and the Borrower approves, the appointment to act as the Administrative Agent under the Credit Agreement and the other Fundamental Documents. The Required Lenders and the Borrower waive any inconsistency or conflict with the provisions in Section 12.11 of the Credit Agreement with respect to the resignation of JPMorgan Chase as Administrative Agent and the appointment of Wilmington as the Administrative Agent. Each of the parties hereto agrees to execute all documents necessary to evidence the appointment of Wilmington as the successor Administrative Agent.
Resignation and Appointment of Agent. Pursuant to Section 17(j) of the Security Agreement, in each case, effective as of the Effective Date (as defined below) (a) the Existing Agent hereby resigns from the performance of all its functions and duties under this Agreement and the other Transaction Documents, (b) each party hereto hereby waives the provisions of Section 17(j) of the Security Agreement requiring that the Company and the Secured Parties be provided with thirty (30) days’ advance written notice of the resignation of the Existing Agent, (c) the Existing Agent’s resignation shall be effective and each of the Company and the Required Holders accepts the resignation of Cortland LLC as the collateral agent under the Security Agreement, and Cortland LLC shall have no further obligations under the Transaction Documents or the Collateral Documents in its capacity as the Agent or the collateral agent under any Transaction Document (other than the obligations set forth herein), (d) the Required Holders appoint Cortland Corp. to act as the Agent (and as collateral agent under each Transaction Document to which it is party as successor to the Existing Agent or becomes party on or about the date hereof pursuant to any Transaction Document to be entered into on or about the date hereof) and (e) the Company consents to the appointment of Cortland Corp. to act as the Agent (and as collateral agent under each other Transaction Document to which it is or to be party as collateral agent). As of the Effective Date, Cortland Corp. accepts the appointment to act as the successor collateral agent under the Transaction Documents and the Collateral Documents. The Required Holders and the Company waive any inconsistency or conflict with the provisions of the Security Agreement and any other Transaction Document with respect to the resignation of Cortland LLC as Agent (and as collateral agent under any Transaction Document) and the appointment of Cortland Corp. as the successor Agent (and as collateral agent under each Transaction Document to which it is a party). Each of the parties hereto agrees, at the Company’s sole cost and expense, to execute all documents necessary to evidence and give effect to the appointment of Cortland Corp. as the successor Agent.
Resignation and Appointment of Agent. A. Existing Agent hereby notifies the Borrower and the Lenders in accordance with Section 9.9 of the Credit Agreement of its resignation as Administrative Agent. The Lenders party hereto constituting the Required Lenders and the Loan Parties acknowledge notice of the Existing Agent’s resignation as Administrative Agent and hereby waive the ten days’ advance notice requirement set forth in Section 9.9 of the Credit Agreement. The resignation of the Existing Agent as described in this Section VIII shall be effective simultaneously with the Effective Date; provided that, until the Effective Date, the Existing Agent shall continue to have full authority to act as Administrative Agent in accordance with the terms of the Loan Documents.
Resignation and Appointment of Agent. Pursuant to Section 9.7 of the Disbursement Agreement the parties hereto hereby confirm the appointment of Wilmington to act as successor Disbursement Agent under the Disbursement Agreement and the other agreements and documents listed on Schedule I hereto (such agreements and documents collectively with the Disbursement Agreement, the "Related Documents") effective as of the Effective Date. Effective as of the Effective Date, Wilmington hereby accepts the appointment to act as the Disbursement Agent under the Disbursement Agreement and the other Related Documents.
