Common use of Resignation as Issuing Lender Clause in Contracts

Resignation as Issuing Lender. Notwithstanding anything to the contrary contained herein, if at any time Bank of America assigns all of its Revolving Commitments and Revolving Loans pursuant to Section 11.2(b), Bank of America may, upon 30 days’ notice to the Borrower and the Lenders, resign as Issuing Lender. In the event of any such resignation as Issuing Lender, the Borrower shall be entitled to appoint from among the Lenders a successor Issuing Lender hereunder; provided, however, that no failure by the Borrower to appoint any such successor shall affect the resignation of Bank of America as Issuing Lender. If Bank of America resigns as Issuing Lender, it shall retain all the rights, powers, privileges and duties of the Issuing Lender hereunder with respect to all Letters of Credit outstanding as of the effective date of its resignation as Issuing Lender and all Letter of Credit Obligations with respect thereto. Upon the appointment of a successor Issuing Lender, (a) such successor shall succeed to and become vested with all of the rights, powers, privileges and duties of the retiring Issuing Lender, and (b) the successor Issuing Lender 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 to effectively assume the obligations of Bank of America with respect to such Letters of Credit.

Resignation as Issuing Lender. Notwithstanding anything to the contrary contained herein, if at any time Bank of America any Issuing Lender assigns all of its Revolving Commitments and Revolving Loans pursuant to Section 11.2(b)10.04, Bank such Issuing Lender (in each case through itself or through one of America its designated Affiliates or branch offices) may, upon 30 thirty days’ notice to the Borrower and the LendersBorrower, resign as an Issuing Lender. In the event of any such resignation as Issuing Lenderresignation, the Borrower shall be entitled to appoint from among the Revolving Credit Lenders a successor Issuing Lender hereunder; provided, however, that no failure by the Borrower to appoint any such successor shall affect the resignation of Bank of America such Issuing Lender, as applicable, as an Issuing Lender. If Bank any Issuing Lender (in each case, through itself or through one of America its designated Affiliates or branch offices) resigns as an Issuing Lender, it shall retain all the rights, powers, privileges and duties of the an Issuing Lender hereunder with respect to all Letters of Credit outstanding as of the effective date of its resignation as an Issuing Lender and all Letter of Credit Obligations LC Exposure with respect thereto. Upon the appointment of a successor Issuing Lender, (a1) such successor shall succeed to and become vested with all of the rights, powers, privileges and duties of the retiring Issuing Lender, Lender and (b2) the successor Issuing Lender 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 the applicable resigning Issuing Lender to effectively assume the obligations of Bank of America such resigning Issuing Lender with respect to such Letters of Credit.

Resignation as Issuing Lender. Notwithstanding anything to the contrary contained herein, if at any time Bank of America any Issuing Lender assigns all of its Revolving Commitments and Revolving Loans pursuant to Section 11.2(b)10.04, Bank such Issuing Lender (in each case through itself or through one of America its designated Affiliates or branch offices) may, upon 30 thirty days’ notice to the Borrower and the LendersBorrower, resign as an Issuing Lender. In the event of any such resignation as Issuing Lenderresignation, the Borrower shall be entitled to appoint from among the Revolving Credit Lenders a successor Issuing Lender hereunder; provided, however, that no failure by the Borrower to appoint any such successor shall affect the resignation of Bank of America such Ixxxxxx Xxxxxx, as applicable, as an Issuing Lender. If Bank any Issuing Lender (in each case, through itself or through one of America its designated Affiliates or branch offices) resigns as an Issuing Lender, it shall retain all the rights, powers, privileges and duties of the an Issuing Lender hereunder with respect to all Letters of Credit outstanding as of the effective date of its resignation as an Issuing Lender and all Letter of Credit Obligations LC Exposure with respect thereto. Upon the appointment of a successor Issuing LenderIxxxxxx Xxxxxx, (a1) such successor shall succeed to and become vested with all of the rights, powers, privileges and duties of the retiring Issuing Lender, Ixxxxxx Xxxxxx and (b2) the successor Issuing Lender Ixxxxxx Xxxxxx 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 the applicable resigning Issuing Lxxxxx to effectively assume the obligations of Bank of America such resigning Issuing Lender with respect to such Letters of Credit.

Resignation as Issuing Lender. Notwithstanding anything to the contrary contained herein, if at any time Bank of America any Issuing Lender assigns all of its Revolving Commitments and Revolving Loans pursuant to Section 11.2(b)10.04, Bank such Issuing Lender (in each case through itself or through one of America its designated Affiliates or branch offices) may, upon 30 thirty days’ notice to the Borrower and the LendersCompany, resign as an Issuing Lender. In the event of any such resignation as Issuing Lenderresignation, the Borrower Borrowers shall be entitled to appoint from among the Revolving Credit Lenders a successor Issuing Lender hereunder; provided, however, that no failure by the Borrower Borrowers to appoint any such successor shall affect the resignation of Bank of America such Issuing Lender, as applicable, as an Issuing Lender. If Bank any Issuing Lender (in each case, through itself or through one of America its designated Affiliates or branch offices) resigns as an Issuing Lender, it shall retain all the rights, powers, privileges and duties of the an Issuing Lender hereunder with respect to all Letters of Credit outstanding as of the effective date of its resignation as an Issuing Lender and all Letter of Credit Obligations LC Exposure with respect thereto. Upon the appointment of a successor Issuing Lender, (a1) such successor shall succeed to and become vested with all of the rights, powers, privileges and duties of the retiring Issuing Lender, Lender and (b2) the successor Issuing Lender 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 the applicable resigning Issuing Lender to effectively assume the obligations of Bank of America such resigning Issuing Lender with respect to such Letters of Credit.