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

Resignation as L/C Issuer after Assignment. Notwithstanding anything to the contrary contained herein, if at any time KeyBank assigns all of its Commitment and Loans pursuant to Section 13.3.2 above, KeyBank may, upon thirty (30) days’ notice to the Borrower and the Lenders, resign as L/C Issuer. In the event of any such resignation as 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 KeyBank as L/C Issuer. If KeyBank resigns as L/C Issuer, it shall retain all the rights, powers, privileges and duties of the L/C Issuer hereunder with respect to all Letters of Credit outstanding as of the effective date of its resignation as L/C Issuer and all L/C Obligations with respect thereto (including the right to require the Lenders to make Base Rate Advances or fund risk participations in Unreimbursed Amounts pursuant to Section 2.7.

Resignation as L/C Issuer after Assignment. Notwithstanding anything to the contrary contained herein, if at any time KeyBank either L/C Issuer assigns all of its Commitment and Loans pursuant to Section 13.3.2 subsection (b) above, KeyBank such L/C Issuer may, (i) upon thirty (30) 30 days’ ' notice to the Borrower and the Lenders, resign as L/C Issuer. In the event of any such resignation as 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 KeyBank Xxxxx Fargo as L/C Issuer. If KeyBank Xxxxx Fargo resigns as L/C Issuer, it such bank shall retain all the rights, powers, privileges rights and duties obligations of the such L/C Issuer hereunder with respect to all Letters of Credit outstanding as of the effective date of its resignation as L/C Issuer and all L/C Obligations with respect thereto (including the right to require the Lenders to make Base Rate Advances Loans or fund risk participations in Unreimbursed Amounts pursuant to Section 2.72.03(c)).

Resignation as L/C Issuer after Assignment. Notwithstanding anything to the contrary contained herein, if at any time KeyBank either L/C Issuer assigns all of its Commitment and Loans pursuant to Section 13.3.2 subsection (b) above, KeyBank such L/C Issuer may, (i) upon thirty (30) 30 days’ notice to the Borrower and the Lenders, resign as L/C Issuer. In the event of any such resignation as 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 KeyBank Xxxxx Fargo or Bank of America as L/C Issuer. If KeyBank either Xxxxx Fargo or Bank of America resigns as L/C Issuer, it such bank shall retain all the rights, powers, privileges rights and duties obligations of the such L/C Issuer hereunder with respect to all Letters of Credit outstanding as of the effective date of its resignation as L/C Issuer and all L/C Obligations with respect thereto (including the right to require the Lenders to make Base Rate Advances Loans or fund risk participations in Unreimbursed Amounts pursuant to Section 2.72.03(c)).

Resignation as L/C Issuer after Assignment. Notwithstanding anything to the contrary contained herein, if at any time KeyBank Fleet National Bank assigns all of its Commitment and Loans pursuant to Section 13.3.2 subsection (b) above, KeyBank may, Fleet National Bank may upon thirty (30) days’ ' notice to the Borrower and the Lenders, resign as L/C Issuer. In the event of any such resignation as 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 KeyBank Fleet National Bank as L/C Issuer, as the case may be. If KeyBank Fleet National Bank resigns as L/C Issuer, it shall retain all the rights, powers, privileges rights and duties obligations of the L/C Issuer hereunder with respect to all Letters of Credit outstanding as of the effective date of its resignation as L/C Issuer and all L/C Obligations with respect thereto (including the right to require the Lenders to make Base Rate Advances Loans or fund risk participations in Unreimbursed Amounts pursuant to Section 2.72.03(c)).

Resignation as L/C Issuer after Assignment. Notwithstanding anything to the contrary contained herein, if at any time KeyBank CoBank assigns all of its Commitment and Loans pursuant to Section 13.3.2 clause (b) above, KeyBank CoBank may, upon thirty (30) days’ notice to the Borrower and the Lenders, resign as L/C Issuer. In the event of any such resignation as 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 KeyBank CoBank as L/C Issuer, as the case may be. If KeyBank CoBank resigns as L/C Issuer, it shall retain all the rights, powers, privileges and duties of the L/C Issuer hereunder with respect to all Letters of Credit outstanding as of the effective date of its resignation as L/C Issuer and all L/C Obligations with respect thereto (including the right to require the Lenders to make Base Rate Advances Loans or fund risk participations in Unreimbursed Amounts pursuant to Section 2.7.2.03(c)). Upon