Common use of Resignation and Replacement Clause in Contracts

Resignation and Replacement. (a) The Facility Agent may resign as such at any time upon at least thirty (30) days prior notice to the Borrower and all the Lenders; provided, however, that no such resignation shall be effective unless a successor to it as the Facility Agent is appointed in accordance with this Clause. Following delivery of any such notice of resignation, the Required Lenders may, with the prior written consent of the Borrower (such consent not to be unreasonably withheld or delayed), at any time upon fifteen (15) days notice to the Facility Agent and the Borrower, appoint another Lender as the successor Facility Agent which shall thereupon become the Facility Agent hereunder. If no successor Facility Agent shall have been so appointed by the Required Lenders, and shall have accepted such appointment, within thirty (30) days after the retiring Facility Agent's giving notice of resignation, then the retiring Facility Agent may, on behalf of the Finance Parties, appoint (with the prior written consent of the Borrower (such consent not to be unreasonably withheld or delayed)) a successor Facility Agent, which shall be one of the Lenders or another reputable and experienced banking or financial institution.

Appears in 2 contracts

Samples: Agreement (Bema Gold Corp /Can/), Agreement (Bema Gold Corp /Can/)

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Resignation and Replacement. (a) The Facility Agent may resign as such at any time upon at least thirty (30) days prior notice to the Borrower and all the Lenders; provided, however, that no such resignation shall be effective unless a successor to it as the Facility Agent is appointed in accordance with this Clause. Following delivery of any such notice of resignation, the Required Lenders may, with the prior written consent of the Borrower (such consent not to be unreasonably withheld or delayed), at any time upon fifteen (15) days notice to the Facility Agent and the Borrower, appoint another Lender as the successor Facility Agent which shall thereupon become the Facility Agent hereunder. If no successor Facility Agent shall have been so appointed by the Required Lenders, and shall have accepted such appointment, within thirty (30) days after the retiring Facility Agent's giving notice of resignation, then the retiring Facility Agent may, on behalf of the Finance Parties, appoint (with the prior written consent of the Borrower (such consent not to be unreasonably withheld or delayed)) a successor Facility Agent, which shall be one of the Lenders or another reputable and experienced banking or financial institution.

Appears in 1 contract

Samples: Conformed (Randgold Resources LTD)

Resignation and Replacement. (a) The Facility Agent Each Representative may resign as such at any time upon at least thirty (30) days prior notice to the Borrower and all the Lenders; provided, however, that no such resignation shall be effective unless a successor to it as the Facility Agent relevant Representative is appointed in accordance with this Clause. Following delivery of any such notice of resignation, the Required Lenders may, with the prior written consent of the Borrower (such consent not to be unreasonably withheld or delayed), at any time upon fifteen (15) days notice to the Facility Agent relevant Representative and the Borrower, appoint another Lender as the successor Facility Agent relevant Representative which shall thereupon become the Facility Agent relevant Representative hereunder. If no successor Facility Agent Representative shall have been so appointed by the Required Lenders, and shall have accepted such appointment, within thirty (30) days after the retiring Facility Agent's Representative’s giving notice of resignation, then the retiring Facility Agent Representative may, on behalf of the Finance Parties, appoint (with the prior written consent of the each Borrower (such consent not to be unreasonably withheld or delayed)) a successor Facility Agentrelevant Representative, which shall be one of the Lenders or another reputable and experienced banking or financial institution.

Appears in 1 contract

Samples: Revolving Credit Facility Agreement (Yamana Gold Inc)

Resignation and Replacement. (a) The Facility In addition to the ability to resign referred to in Clause 14.20, any Facilities Agent may resign as such at any time upon at least thirty (30) days prior notice to the Borrower and all the Lenders; provided, however, that that, no such resignation under this Clause shall be effective unless a successor to it as the Facility relevant Facilities Agent is appointed in accordance with this Clause. Following delivery of any such notice of resignation, the Required Senior Lenders may, with the prior written consent of the Borrower (such consent not to be unreasonably withheld or delayed), at any time upon fifteen (15) days notice to the Facility relevant Facilities Agent and the Borrower, appoint another Senior Lender as the successor Facility relevant Facilities Agent which shall thereupon become the Facility relevant Facilities Agent hereunder. If no successor Facility relevant Facilities Agent shall have been so appointed by the Required Senior Lenders, and shall have accepted such appointment, within thirty (30) days after the retiring Facility relevant Facilities Agent's giving notice of resignation, then the retiring Facility relevant Facilities Agent may, on behalf of the Finance Parties, 135 appoint (with the prior written consent of the Borrower (such consent not to be unreasonably withheld or delayed)) a successor Facility relevant Facilities Agent, which shall be one of the Senior Lenders or another reputable and experienced banking or financial institution.

Appears in 1 contract

Samples: Borrower Security Agreement (Bema Gold Corp /Can/)

Resignation and Replacement. (a) The Facility Agent may resign as such at any time upon at least thirty (30) days prior notice to the Borrower and all the Lenders; provided, however, that no such resignation shall be effective unless a successor to it as the Facility Agent is appointed in accordance with this Clause. Following delivery of any such notice of resignation, the Required Lenders may, with the prior written consent of the Borrower (such consent not to be unreasonably withheld or delayed; provided, however, that nothing herein shall oblige the Borrower to give any such consent in the event that the Borrower's rights hereunder would be materially and adversely affected by the replacement of the Agent as hereinafter set forth), at any time upon fifteen (15) days notice to the Facility Agent and the Borrower, appoint another Lender as the successor Facility Agent which shall thereupon become the Facility Agent hereunder. If no successor Facility Agent shall have been so appointed by the Required Lenders, and shall have accepted such appointment, within thirty (30) days after the retiring Facility Agent's giving notice of resignation, then the retiring Facility Agent may, on behalf of the Finance Lender Parties, appoint (with the prior written consent of the Borrower (such consent not to be unreasonably withheld or delayed)) a successor Facility Agent, which shall be one of the Lenders or another reputable and experienced banking or financial institution.

Appears in 1 contract

Samples: Supplemental Agreement (Randgold Resources LTD)

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Resignation and Replacement. (a) The Facility Agent may resign as such at any time upon at least thirty (30) days prior notice to the Borrower and all the Lenders; providedPROVIDED, howeverHOWEVER, that no such resignation shall be effective unless a successor to it as the Facility Agent is appointed in accordance with this Clause. Following delivery of any such notice of resignation, the Required Lenders may, with the prior written consent of the Borrower (such consent not to be unreasonably withheld or delayed), at any time upon fifteen (15) days notice to the Facility Agent and the Borrower, appoint another Lender as the successor Facility Agent which shall thereupon become the Facility Agent hereunder. If no successor Facility Agent shall have been so appointed by the Required Lenders, and shall have accepted such appointment, within thirty (30) days after the retiring Facility Agent's giving notice of resignation, then the retiring Facility Agent may, on behalf of the Finance Lender Parties, appoint (with the prior written consent of the Borrower (such consent not to be unreasonably withheld or delayed)) a successor Facility Agent, which shall be one of the Lenders or another reputable and experienced banking or financial institution.

Appears in 1 contract

Samples: Loan Agreement (Randgold Resources LTD)

Resignation and Replacement. (a) The Facility Agent may resign as such at any time upon at least thirty (30) days prior notice to the Borrower and all the Lenders; providedPROVIDED, howeverHOWEVER, that no such resignation shall be effective unless a successor to it as the Facility Agent is appointed in accordance with this Clause. Following delivery of any such notice of resignation, the Required Lenders may, with the prior written consent of the Borrower (such consent not to be unreasonably withheld or delayed), at any time upon fifteen (15) days notice to the Facility Agent and the Borrower, appoint another Lender as the successor Facility Agent which shall thereupon become the Facility Agent hereunder. If no successor Facility Agent shall have been so appointed by the Required Lenders, and shall have accepted such appointment, within thirty (30) days after the retiring Facility Agent's giving notice of resignation, then the retiring Facility Agent may, on behalf of the Finance Lender Parties, appoint (with the prior written consent of the Borrower (such consent not to be unreasonably withheld or delayed)) a successor Facility Agent, which shall be one of the Lenders or another reputable and experienced banking or financial institution.

Appears in 1 contract

Samples: Execution (Randgold Resources LTD)

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