Common use of Resignation and Removal of Depositary Clause in Contracts

Resignation and Removal of Depositary. At any time, the depositary may resign by delivering notice to us, and we may remove the depositary. Resignations or removals will take effect upon the appointment of a successor depositary and its acceptance of the appointment. The successor depositary must be appointed within 60 days after delivery of the notice of resignation or removal and must be a bank or trust company having its principal office in the United States and having a combined capital and surplus of at least $50 million.

Appears in 5 contracts

Samples: Sales Agreement, Equity Distribution Agreement, Sales Agreement

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Resignation and Removal of Depositary. At any time, the The depositary may resign at any time by delivering to us notice of its election to usdo so, and we may remove the depositarydepositary at any time. Resignations Any resignation or removals removal of the depositary will take effect upon the our appointment of a successor depositary and its acceptance of the such appointment. The successor depositary must be appointed within 60 days after delivery of the notice of resignation or removal and must be a bank or trust company having its principal office in the United States and having a the requisite combined capital and surplus of at least $50 millionas set forth in the applicable agreement.

Appears in 4 contracts

Samples: At Market Issuance Sales Agreement, At Market Issuance Sales Agreement, Sales Agreement

Resignation and Removal of Depositary. At any time, the The depositary may resign at any time by delivering to us notice of its election to usdo so, and we may at any time remove the depositary. Resignations , any such resignation or removals will removal to take effect upon the appointment of a successor depositary and its acceptance of the such appointment. The Such successor depositary must be appointed within 60 days after delivery of the notice of for resignation or removal and must be a bank or trust company having its principal office in the United States and having a combined capital and surplus of at least $50 million150,000,000.

Appears in 3 contracts

Samples: Distribution Agency Agreement, At Market Issuance Sales Agreement, Distribution Agency Agreement

Resignation and Removal of Depositary. At any time, the The depositary may resign at any time by delivering to us written notice of its election to usdo so, and we may at any time remove the depositary. Resignations Any resignation or removals removal will take effect upon the appointment of a successor depositary and its acceptance of the appointment. The depositary, which successor depositary must be appointed within 60 days after delivery of the notice of resignation or removal and must be a bank or trust company having its principal office in the United States and having a combined capital and surplus of at least $50 million50,000,000.

Appears in 2 contracts

Samples: Sales Agreement, At Market Issuance Sales Agreement

Resignation and Removal of Depositary. At any time, the A depositary may resign at any time by delivering to us notice of its election to us, and we resign. We may also remove the depositarya depositary at any time. Resignations Any resignation or removals removal will take effect upon the appointment of a successor depositary and its acceptance of the appointmentdepositary. The We will appoint a successor depositary must be appointed within 60 days after delivery of the notice of resignation or removal and removal. The successor must be a bank or trust company having with its principal office in the United States U.S. and having have a combined capital and surplus of at least $50 million.

Appears in 1 contract

Samples: At the Market Offering Agreement

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Resignation and Removal of Depositary. At any time, the A depositary may resign at any time by delivering to the Company notice of its election to us, and we resign. The Company may also remove the depositarya depositary at any time. Resignations Any resignation or removals removal will take effect upon the appointment of a successor depositary and its acceptance of the appointmentdepositary. The Company will appoint a successor depositary must be appointed within 60 days after delivery of the notice of resignation or removal and removal. The successor must be a bank or trust company having with its principal office in the United States and having have a combined capital and surplus of at least $50 million.

Appears in 1 contract

Samples: Forward Sale Agreement

Resignation and Removal of Depositary. At The Depositary may resign at any time by delivering to the Company written notice of its election to do so at least forty-five (45) days prior to such resignation. The Company also may, at any time, the depositary may resign by delivering notice to us, and we may remove the depositaryDepositary by providing at least forty-five (45) days prior written notice. Resignations or removals The Company will take effect upon use its reasonable best efforts to appoint the appointment of a successor depositary and its acceptance of the appointment. The successor depositary must be appointed within 60 forty-five (45) days after delivery of the notice of resignation or removal and removal. The successor depositary must be a bank or trust company having its principal office in the United States and having a combined capital and surplus of at least $50 million.

Appears in 1 contract

Samples: Equity Distribution Agreement

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