Common use of Resignation as an L/C Issuer after Assignment Clause in Contracts

Resignation as an L/C Issuer after Assignment. Notwithstanding anything to the contrary contained herein, if at any time Bank of America, PNC or any other Lender that is also acting as an L/C Issuer hereunder assigns all of its Commitment and Loans pursuant to subsection (b) above, Bank of America, PNC or such Lender may, upon 30 days’ notice to the Borrower and the Lenders, resign as an L/C Issuer. In the event of any such resignation as an L/C Issuer, the Borrower shall be entitled to appoint from among the Lenders a successor L/C Issuer hereunder; provided, however, that no failure by the Borrower to appoint any such successor shall affect the resignation of Bank of America, PNC or such Lender as an L/C Issuer. If Bank of America, PNC or such other Lender resigns as an L/C Issuer, it shall retain all the rights, powers, privileges and duties of an L/C Issuer hereunder with respect to all Letters of Credit outstanding as of the effective date of its resignation as an L/C Issuer and all L/C Obligations with respect thereto (including the right to require the Lenders to make Base Rate Committed Loans or fund risk participations in Unreimbursed Amounts pursuant to Section 2.03(c)). Upon the appointment of a successor L/C Issuer, (a) such successor shall succeed to and become vested with all of the rights, powers, privileges and duties of the retiring L/C Issuer, and (b) the successor L/C Issuer shall issue letters of credit in substitution for the Letters of Credit, if any, outstanding at the time of such succession or make other arrangements satisfactory to Bank of America, PNC or such Lender to effectively assume the obligations of Bank of America, PNC or such applicable Lender with respect to such Letters of Credit.

Resignation as an L/C Issuer after Assignment. Notwithstanding anything to the contrary contained herein, if at any time Bank of America, PNC or any other Lender that is also acting as an L/C Issuer hereunder assigns all of its Commitment and Committed Loans pursuant to subsection clause (b) above, Bank of America, PNC or such Lender L/C Issuer may, upon 30 days’ notice to the Borrower and the Lenders, resign as an L/C Issuer. In the event of any such resignation as an L/C Issuer, the Borrower shall be entitled to appoint from among the Lenders a successor L/C Issuer hereunderhereunder (and any such appointment shall be subject to the acceptance of such appointed Lender); provided, however, that no failure by the Borrower to appoint any such successor shall affect the resignation of Bank of America, PNC or such Lender the exiting L/C Issuer as an L/C Issuer. If Bank of America, PNC or such other Lender L/C Issuer resigns as an L/C Issuer, it shall retain all the rights, powers, privileges and duties of an the L/C Issuer hereunder with respect to all Letters of Credit outstanding as of the effective date of its resignation as an L/C Issuer and all L/C Obligations with respect thereto (including the right to require the Lenders to make Base Rate Committed Loans or fund risk participations in Unreimbursed Amounts pursuant to Section 2.03(c2.03(d)). Upon the appointment of a successor L/C Issuer, (ai) such successor shall succeed to and become vested with all of the rights, powers, privileges and duties of the retiring L/C Issuer, Issuer and (bii) the successor L/C Issuer shall issue letters of credit in substitution for the Letters of Credit, if any, outstanding at the time of such succession or make other arrangements satisfactory to Bank of America, PNC or such Lender the exiting L/C Issuer to effectively assume the obligations of Bank of America, PNC or such applicable Lender exiting L/C Issuer with respect to such Letters of Credit.

Resignation as an L/C Issuer after Assignment. Notwithstanding anything to the contrary contained herein, if at any time Bank of America, PNC or any other Lender that is also acting as an L/C Issuer hereunder assigns all of its Commitment and Loans pursuant to subsection (b) above, Bank of America, PNC or such Lender L/C Issuer may, upon 30 thirty (30) days’ notice to the Borrower Borrowers and the Lenders, resign as an L/C Issuer. In the event of any such resignation as of an L/C Issuer, the Borrower Borrowers shall be entitled to appoint from among the Lenders a successor L/C Issuer hereunder; provided, however, that no failure by the Borrower Borrowers to appoint any such successor shall affect the resignation of Bank of America, PNC or such Lender L/C Issuer as an L/C Issuer. If Bank of America, PNC or such other Lender an L/C Issuer resigns as an L/C Issuer, it shall retain all the rights, powers, privileges and duties of the an L/C Issuer hereunder with respect to all Letters of Credit outstanding as of the effective date of its resignation as an L/C Issuer and all L/C Obligations with respect thereto (including the right to require the Lenders to make Base Rate Committed Loans or fund risk participations in Unreimbursed Amounts pursuant to Section 2.03(c)). Upon the appointment of a successor L/C Issuer, (ay) such successor shall succeed to and become vested with all of the rights, powers, privileges and duties of the retiring L/C Issuer, Issuer and (bz) the successor L/C Issuer shall issue letters of credit in substitution for the Letters of Credit, if any, outstanding at the time of such succession or make other arrangements satisfactory to Bank of America, PNC or such Lender L/C Issuer to effectively assume the obligations of Bank of America, PNC or such applicable Lender L/C Issuer with respect to such Letters of Credit.

Resignation as an L/C Issuer after Assignment. Notwithstanding anything to the contrary contained herein, if at any time (i) Xxxxx Fargo Bank of America, PNC or any other Revolving Credit Lender that is also acting as an assigns all of its Revolving Credit Commitment and Revolving Credit Loans pursuant to Section 10.06(b) or (ii) after giving effect to the resignation of a U.S. L/C Issuer hereunder assigns all of its Commitment and Loans pursuant to subsection or Canadian L.C. Issuer, there shall remain at least one U.S. L/C Issuer or One Canadian L/C Issuer, respectively, Xxxxx Fargo Bank (band/or Toronto Dominion Bank, as applicable) above, Bank of America, PNC or such other Revolving Credit Lender may, upon 30 10 days’ notice to the Borrower Representative and the Revolving Credit Lenders, resign as an U.S. L/C Issuer and/or Canadian L/C Issuer. In the event of any such resignation as an L/C Issuer, the Borrower Representative shall be entitled to appoint from among the Revolving Credit Lenders a one or more successor L/C Issuer Issuers hereunder; provided, however, that no failure by the Borrower Representative to appoint any such successor shall affect the resignation of Xxxxx Fargo Bank of America(and/or Toronto Dominion Bank, PNC as applicable) or such other Revolving Credit Lender as an L/C Issuer. If Xxxxx Fargo Bank of America(and/or Toronto Dominion Bank, PNC as applicable) or such other Revolving Credit Lender resigns as an L/C Issuer, it shall retain all the rights, powers, privileges and duties of an L/C Issuer hereunder with respect to all Letters of Credit issued by it which remain outstanding as of the effective date of its resignation as an L/C Issuer and all L/C Obligations with respect thereto (including the right to require the Revolving Credit Lenders to make Base Rate Committed Loans, Canadian Base Rate Loans or Canadian Prime Rate Loans, as applicable, or fund risk participations in Unreimbursed Amounts pursuant to Section 2.03(c)). Upon the appointment of a successor L/C Issuer, (ai) such successor shall succeed to and become vested with all of the rights, powers, privileges and duties of the retiring L/C Issuer, and (bii) the successor L/C Issuer shall issue letters of credit in substitution for the Letters of Credit, if any, issued by the retiring L/C Issuer and remaining outstanding at the time of such succession or make other arrangements reasonably satisfactory to Xxxxx Fargo Bank of America, PNC or such other Revolving Credit Lender to effectively assume the obligations of Xxxxx Fargo Bank of America(and/or Toronto Dominion Bank, PNC as applicable) or such applicable other Revolving Credit Lender with respect to such Letters of Credit.”

Resignation as an L/C Issuer after Assignment. Notwithstanding anything to the contrary contained herein, if at any time Bank of America, PNC or any other Lender that is also acting as an L/C Issuer hereunder assigns all of its Commitment and Committed Loans pursuant to subsection clause (b) above, Bank of America, PNC or such Lender L/C Issuer may, upon 30 days’ notice to the Borrower and the Lenders, resign as an L/C Issuer. In the event of any such resignation as an L/C Issuer, the Borrower shall be entitled to appoint from among the Lenders a successor L/C Issuer hereunderhereunder (and any such appointment shall be subject to the acceptance of such appointed Lxxxxx); provided, however, that no failure by the Borrower to appoint any such successor shall affect the resignation of Bank of America, PNC or such Lender the exiting L/C Issuer as an L/C Issuer. If Bank of America, PNC or such other Lender L/C Issuer resigns as an L/C Issuer, it shall retain all the rights, powers, privileges and duties of an the L/C Issuer hereunder with respect to all Letters of Credit outstanding as of the effective date of its resignation as an L/C Issuer and all L/C Obligations with respect thereto (including the right to require the Lenders to make Base Rate Committed Loans or fund risk participations in Unreimbursed Amounts pursuant to Section 2.03(c2.03(d)). Upon the appointment of a successor L/C Issuer, (ai) such successor shall succeed to and become vested with all of the rights, powers, privileges and duties of the retiring L/C Issuer, Issuer and (bii) the successor L/C Issuer shall issue letters of credit in substitution for the Letters of Credit, if any, outstanding at the time of such succession or make other arrangements satisfactory to Bank of America, PNC or such Lender the exiting L/C Issuer to effectively assume the obligations of Bank of America, PNC or such applicable Lender exiting L/C Issuer with respect to such Letters of Credit.

Resignation as an L/C Issuer after Assignment. Notwithstanding anything to the contrary contained herein, if at any time Xxxxx Fargo Bank of America, PNC or any other Lender that is also acting as an L/C Issuer hereunder assigns all of its Revolving Credit Commitment and Revolving Credit Loans pursuant to subsection Section 10.06(b), Xxxxx Fargo Bank (band/or Toronto Dominion Bank, as applicable) above, Bank of America, PNC or such Lender may, upon 30 10 days’ notice to the Borrower Representative and the Revolving Credit Lenders, resign as an U.S. L/C Issuer and/or Canadian L/C Issuer. In the event of any such resignation as an L/C Issuer, the Borrower Representative shall be entitled to appoint from among the Revolving Credit Lenders a one or more successor L/C Issuer Issuers hereunder; provided, however, that no failure by the Borrower Representative to appoint any such successor shall affect the resignation of Xxxxx Fargo Bank of America(and/or Toronto Dominion Bank, PNC or such Lender as applicable) as an L/C Issuer. If Xxxxx Fargo Bank of America(and/or Toronto Dominion Bank, PNC or such other Lender as applicable) resigns as an L/C Issuer, it shall retain all the rights, powers, privileges and duties of an L/C Issuer hereunder with respect to all Letters of Credit issued by it which remain outstanding as of the effective date of its resignation as an L/C Issuer and all L/C Obligations with respect thereto (including the right to require the Revolving Credit Lenders to make Base Rate Committed Loans, Canadian Base Rate Loans or Canadian Prime Rate Loans, as applicable, or fund risk participations in Unreimbursed Amounts pursuant to Section 2.03(c)). Upon the appointment of a successor L/C Issuer, (ai) such successor shall succeed to and become vested with all of the rights, powers, privileges and duties of the retiring L/C Issuer, and (bii) the successor L/C Issuer shall issue letters of credit in substitution for the Letters of Credit, if any, issued by the retiring L/C Issuer and remaining outstanding at the time of such succession or make other arrangements reasonably satisfactory to Xxxxx Fargo Bank of America, PNC or such Lender to effectively assume the obligations of Xxxxx Fargo Bank of America(and/or Toronto Dominion Bank, PNC or such applicable Lender as applicable) with respect to such Letters of Credit.

Resignation as an L/C Issuer after Assignment. Notwithstanding anything to the contrary contained herein, if at any time Bank of America, PNC or any other Lender that is also acting as an L/C Issuer hereunder assigns all of its Commitment and Loans pursuant to subsection (b) above, Bank of America, PNC or such Lender may, upon 30 days’ ' notice to the Borrower and the Lenders, resign as an L/C Issuer. In the event of any such resignation as an L/C Issuer, the Borrower shall be entitled to appoint from among the Lenders a successor L/C Issuer hereunder; provided, however, that no failure by the Borrower to appoint any such successor shall affect the resignation of Bank of America, PNC or such Lender as an L/C Issuer. If Bank of America, PNC or such other Lender resigns as an L/C Issuer, it shall retain all the rights, powers, privileges and duties of an L/C Issuer hereunder with respect to all Letters of Credit outstanding as of the effective date of its resignation as an L/C Issuer and all L/C Obligations with respect thereto (including the right to require the Lenders to make Base Rate Committed Loans or fund risk participations in Unreimbursed Amounts pursuant to Section 2.03(c)). Upon the appointment of a successor L/C Issuer, (a) such successor shall succeed to and become vested with all of the rights, powers, privileges and duties of the retiring L/C Issuer, and (b) the successor L/C Issuer shall issue letters of credit in substitution for the Letters of Credit, if any, outstanding at the time of such succession or make other arrangements satisfactory to Bank of America, PNC or such Lender to effectively assume the obligations of Bank of America, PNC or such applicable Lender with respect to such Letters of Credit.

Resignation as an L/C Issuer after Assignment. Notwithstanding anything to the contrary contained herein, if at any time Bank of America, PNC or any other Lender that is also acting as an L/C Issuer hereunder America assigns all of its Commitment and Loans pursuant to subsection (b) aboveabove (including an assignment initiated pursuant to Section 10.13), Bank of America, PNC or such Lender America may, upon 30 days’ notice to the Borrower and the Lenders, resign as an L/C Issuer. In the event of any such resignation as an L/C Issuer, the Borrower shall be entitled to appoint from among the Lenders a successor L/C Issuer hereunder; provided, however, that no failure by the Borrower to appoint any such successor shall affect the resignation of Bank of America, PNC or such Lender America as an L/C Issuer. If Bank of America, PNC or such other Lender America resigns as an L/C Issuer, it shall retain all the rights, powers, privileges and duties of an L/C Issuer hereunder with respect to all Letters of Credit outstanding as of the effective date of its resignation as an L/C Issuer and all L/C Obligations with respect thereto (including the right to require the Lenders to make Base Rate Committed Loans or fund risk participations in Unreimbursed Amounts pursuant to Section 2.03(c)). Upon the appointment of a successor L/C Issuer, such successor (a) such successor shall succeed to and become vested with all of the rights, powers, privileges and duties of the retiring L/C Issuer, Issuer and (b) the successor L/C Issuer shall issue letters of credit in substitution for the Letters of Credit, if any, outstanding at the time of such succession or make other arrangements satisfactory to Bank of America, PNC or such Lender America to effectively assume the obligations of Bank of America, PNC or such applicable Lender America with respect to such Letters of Credit.

Resignation as an L/C Issuer after Assignment. Notwithstanding anything to the contrary contained herein, if at any time Bank of America, PNC Xxxxxx Xxxxxxx or any other Lender that is also acting as an L/C Issuer hereunder assigns all of its Commitment and Loans pursuant to subsection (b) above, Bank of America, PNC Xxxxxx Xxxxxxx or such Lender may, upon 30 days’ notice to the Borrower and the Lenders, resign as an L/C Issuer. In the event of any such resignation as an L/C Issuer, the Borrower shall be entitled to appoint from among the Lenders a successor L/C Issuer hereunder; provided, however, that no failure by the Borrower to appoint any such successor shall affect the resignation of Bank of America, PNC Xxxxxx Xxxxxxx or such Lender as an L/C Issuer. If Bank of America, PNC Xxxxxx Xxxxxxx or such other Lender resigns as an L/C Issuer, it shall retain all the rights, powers, privileges and duties of an L/C Issuer hereunder with respect to all Letters of Credit issued by it and outstanding as of the effective date of its resignation as an L/C Issuer and all L/C Obligations with respect thereto (including the right to require the Lenders to make Base Rate Committed Loans or fund risk participations in Unreimbursed Amounts pursuant to Section 2.03(c)). Upon the appointment of a successor L/C Issuer, (a) such successor shall succeed to and become vested with all of the rights, powers, privileges and duties of the retiring L/C Issuer, ; and (b) the successor L/C Issuer shall issue letters of credit in substitution for the Letters of Credit, if any, issued by the retiring L/C Issuer and outstanding at the time of such succession or make other arrangements satisfactory to Bank of America, PNC Xxxxxx Xxxxxxx or such Lender to effectively assume the obligations of Bank of America, PNC Xxxxxx Xxxxxxx or such applicable Lender with respect to such Letters of Credit.

Resignation as an L/C Issuer after Assignment. Notwithstanding anything to the contrary contained herein, if at any time (i) Xxxxx Fargo Bank of America, PNC or any other Revolving Credit Lender that is also acting as an assigns all of its Revolving Credit Commitment and Revolving Credit Loans pursuant to Section 10.06(b) or (ii) after giving effect to the resignation of a U.S. L/C Issuer hereunder assigns all of its Commitment and Loans pursuant to subsection or Canadian L.C. Issuer, there shall remain at least one U.S. L/C Issuer or one Canadian L/C Issuer, respectively, Xxxxx Fargo Bank (band/or Toronto Dominion Bank, as applicable) above, Bank of America, PNC or such other Revolving Credit Lender may, upon 30 10 days’ notice to the Borrower Representative and the Revolving Credit Lenders, resign as an U.S. L/C Issuer and/or Canadian L/C Issuer. In the event of any such resignation as an L/C Issuer, the Borrower Representative shall be entitled to appoint from among the Revolving Credit Lenders a one or more successor L/C Issuer Issuers hereunder; provided, however, that no failure by the Borrower Representative to appoint any such successor shall affect the resignation of Xxxxx Fargo Bank of America(and/or Toronto Dominion Bank, PNC as applicable) or such other Revolving Credit Lender as an L/C Issuer. If Xxxxx Fargo Bank of America(and/or Toronto Dominion Bank, PNC as applicable) or such other Revolving Credit Lender resigns as an L/C Issuer, it shall retain all the rights, powers, privileges and duties of an L/C Issuer hereunder with respect to all Letters of Credit issued by it which remain outstanding as of the effective date of its resignation as an L/C Issuer and all L/C Obligations with respect thereto (including the right to require the Revolving Credit Lenders to make Base Rate Committed Loans, Canadian Base Rate Loans or Canadian Prime Rate Loans, as applicable, or fund risk participations in Unreimbursed Amounts pursuant to Section 2.03(c)). Upon the appointment of a successor L/C Issuer, (ai) such successor shall succeed to and become vested with all of the rights, powers, privileges and duties of the retiring L/C Issuer, and (bii) the successor L/C Issuer shall issue letters of credit in substitution for the Letters of Credit, if any, issued by the retiring L/C Issuer and remaining outstanding at the time of such succession or make other arrangements reasonably satisfactory to Xxxxx Fargo Bank of America, PNC or such other Revolving Credit Lender to effectively assume the obligations of Xxxxx Fargo Bank of America(and/or Toronto Dominion Bank, PNC as applicable) or such applicable other Revolving Credit Lender with respect to such Letters of Credit.