Common use of Resignation as L/C Issuer and Swing Line Lender after Assignment Clause in Contracts

Resignation as L/C Issuer and Swing Line Lender after Assignment. Notwithstanding anything to the contrary contained herein, if at any time Bank of America assigns all of its Commitment and Revolving Credit Loans pursuant to §15.1.2 above, Bank of America may, (i) upon 30 days’ notice to the Borrowers and the Lenders, resign as L/C Issuer and/or (ii) upon 30 days’ notice to the Borrowers, resign as Swing Line Lender. In the event of any such resignation as L/C Issuer or Swing Line Lender, the Borrowers shall be entitled to appoint from among the Lenders a successor L/C Issuer or Swing Line Lender hereunder; provided, however, that no failure by the Borrowers to appoint any such successor shall affect the resignation of Bank of America as L/C Issuer or Swing Line Lender, as the case may be. If Bank of America 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 Letters of Credit and Reimbursement Obligations with respect thereto (including the right to require the Lenders to make Base Rate Loans or fund risk participations in Unpaid Reimbursement Obligations pursuant to §4). If Bank of America resigns as Swing Line Lender, it shall retain all the rights of the Swing Line Lender provided for hereunder with respect to Swing Line Loans made by it and outstanding as of the effective date of such resignation, including the right to require the Lenders to make Base Rate Loans or fund risk participations in outstanding Swing Line Loans pursuant to §2.10. Upon the appointment of a successor L/C Issuer and/or Swing Line Lender, (a) such successor shall succeed to and become vested with all of the rights, powers, privileges and duties of the retiring L/C Issuer or Swing Line Lender, as the case may be, 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 to effectively assume the obligations of Bank of America with respect to such Letters of Credit.

Resignation as L/C Issuer and Swing Line Lender after Assignment. Notwithstanding anything to the contrary contained herein, if at any time Union Bank of America assigns all of its Commitment and Revolving Credit Loans pursuant to §15.1.2 above, Union Bank of America may, (i) upon 30 days’ notice to the Borrowers Borrower and the Lenders, resign as L/C Issuer and/or (ii) upon 30 days’ notice to the BorrowersBorrower, resign as Swing Line Lender. In the event of any such resignation as L/C Issuer or Swing Line Lender, the Borrowers Borrower shall be entitled to appoint from among the Lenders a successor L/C Issuer or Swing Line Lender hereunder; provided, however, that no failure by the Borrowers Borrower to appoint any such successor shall affect the resignation of Union Bank of America as L/C Issuer or Swing Line Lender, as the case may be. If Union Bank of America 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 Letters of Credit and Reimbursement Obligations with respect thereto (including the right to require the Lenders to make Base Rate Loans or fund risk participations in Unpaid Reimbursement Obligations pursuant to §4). If Union Bank of America resigns as Swing Line Lender, it shall retain all the rights of the Swing Line Lender provided for hereunder with respect to Swing Line Loans made by it and outstanding as of the effective date of such resignation, including the right to require the Lenders to make Base Rate Loans or fund risk participations in outstanding Swing Line Loans pursuant to §2.10. Upon the appointment of a successor L/C Issuer and/or Swing Line Lender, (a) such successor shall succeed to and become vested with all of the rights, powers, privileges and duties of the retiring L/C Issuer or Swing Line Lender, as the case may be, 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 Union Bank of America to effectively assume the obligations of Union Bank of America with respect to such Letters of Credit.

Resignation as L/C Issuer and Swing Line Lender after Assignment. Notwithstanding anything to the contrary contained herein, if at any time Bank of America assigns all of its Commitment and Revolving Credit Loans pursuant to §15.1.2 above, Bank of America may, (i) upon 30 days’ notice to the Borrowers Borrower and the Lenders, resign as L/C Issuer and/or (ii) upon 30 days’ notice to the BorrowersBorrower, resign as Swing Line Lender. In the event of any such resignation as L/C Issuer or Swing Line Lender, the Borrowers Borrower shall be entitled to appoint from among the Lenders a successor L/C Issuer or Swing Line Lender hereunder; provided, however, that no failure by the Borrowers Borrower to appoint any such successor shall affect the resignation of Bank of America as L/C Issuer or Swing Line Lender, as the case may be. If Bank of America 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 Letters of Credit and Reimbursement Obligations with respect thereto (including the right to require the Lenders to make Base Rate Loans or fund risk participations in Unpaid Reimbursement Obligations pursuant to §4). If Bank of America resigns as Swing Line Lender, it shall retain all the rights of the Swing Line Lender provided for hereunder with respect to Swing Line Loans made by it and outstanding as of the effective date of such resignation, including the right to require the Lenders to make Base Rate Loans or fund risk participations in outstanding Swing Line Loans pursuant to §2.10. Upon the appointment of a successor L/C Issuer and/or Swing Line Lender, (a) such successor shall succeed to and become vested with all of the rights, powers, privileges and duties of the retiring L/C Issuer or Swing Line Lender, as the case may be, 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 to effectively assume the obligations of Bank of America with respect to such Letters of Credit.

Resignation as L/C Issuer and Swing Line Lender after Assignment. Notwithstanding anything to the contrary contained herein, if at any time Bank of America KeyBank assigns all of its Commitment and Revolving Credit Loans pursuant to §15.1.2 Section 13.3.2 above, Bank of America KeyBank may, upon thirty (i30) upon 30 days’ notice to the Borrowers Borrower and the Lenders, resign as L/C Issuer and/or (ii) upon 30 days’ notice to the Borrowers, resign as and Swing Line Lender. In the event of any such resignation as L/C Issuer or and Swing Line Lender, the Borrowers Borrower shall be entitled to appoint from among the Lenders a successor L/C Issuer or and Swing Line Lender hereunder; provided, however, that no failure by the Borrowers Borrower to appoint any such successor shall affect the resignation of Bank of America KeyBank as L/C Issuer or and Swing Line Lender, as the case may be. If Bank of America KeyBank resigns as L/C IssuerIssuer and Swing Line Lender, 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 Letters of Credit and Reimbursement L/C Obligations with respect thereto (including the right to require the Lenders to make Base Rate Loans Advances or fund risk participations in Unpaid Reimbursement Obligations Unreimbursed Amounts pursuant to §4Section 2.7.3). If Bank of America resigns as Swing Line Lender, it shall retain all the rights of the Swing Line Lender provided for hereunder with respect to Swing Line Loans made by it and outstanding as of the effective date of such resignation, including the right to require the Lenders to make Base Rate Loans or fund risk participations in outstanding Swing Line Loans pursuant to §2.10. Upon the appointment of a successor L/C Issuer and/or and Swing Line Lender, (a) such successor shall succeed to and become vested with all of the rights, powers, privileges and duties of the retiring L/C Issuer or and Swing Line Lender, as the case may be, 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 KeyBank to effectively assume the obligations of Bank of America KeyBank with respect to such Letters of Credit.

Resignation as L/C Issuer and Swing Line Lender after Assignment. Notwithstanding anything to the contrary contained herein, if at any time Xxxxx Fargo Bank of America assigns all of its Commitment and Revolving Credit Loans pursuant to §15.1.2 subsection (b) above, Xxxxx Fargo Bank of America may, (i) upon 30 days’ notice to the Borrowers Borrower and the Lenders, resign as L/C Issuer and/or (ii) upon 30 days’ notice to the Borrowers, resign as and Swing Line Lender. In the event of any such resignation as L/C Issuer or and Swing Line Lender, the Borrowers Borrower shall be entitled to appoint from among the Lenders a successor L/C Issuer or and Swing Line Lender hereunder; provided, however, that no failure by the Borrowers Borrower to appoint any such successor shall affect the resignation of Xxxxx Fargo Bank of America as L/C Issuer or and Swing Line Lender, as the case may be. If Xxxxx Fargo Bank of America resigns as L/C IssuerIssuer and Swing Line Lender, it shall retain all the rights, powers, privileges and duties of the a L/C Issuer and Swing Line Lender hereunder with respect to all Letters of Credit and Swing Line Loans outstanding as of the effective date of its resignation as L/C Issuer and all Letters of Credit and Reimbursement Obligations with respect thereto Swing Line Lender (including the right to require the Lenders to make Base Rate Loans or fund risk participations in Unpaid Reimbursement Obligations Unreimbursed Amounts pursuant to §4Section 2.03(c) and Section 2.04). If Bank of America resigns as Swing Line Lender, it shall retain all the rights of the Swing Line Lender provided for hereunder with respect to Swing Line Loans made by it and outstanding as of the effective date of such resignation, including the right to require the Lenders to make Base Rate Loans or fund risk participations in outstanding Swing Line Loans pursuant to §2.10. Upon the appointment of a successor L/C Issuer and/or and Swing Line Lender, (a) such successor shall succeed to and become vested with all of the rights, powers, privileges and duties obligations of the retiring L/C Issuer or and Swing Line Lender, as the case may be, Lender 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 Xxxxx Fargo Bank of America to effectively assume the obligations of Xxxxx Fargo Bank of America with respect to such Letters of Credit.

Resignation as L/C Issuer and Swing Line Lender after Assignment. Notwithstanding anything to the contrary contained herein, if at any time Xxxxx Fargo Bank of America assigns all of its Commitment and Revolving Credit Loans pursuant to §15.1.2 subsection (b) above, Xxxxx Fargo Bank of America may, (i) upon 30 days’ notice to the Borrowers Borrower and the Lenders, resign as L/C Issuer and/or (ii) upon 30 days’ notice to the Borrowers, resign as and Swing Line Lender. In the event of any such resignation as L/C Issuer or and Swing Line Lender, the Borrowers Borrower shall be entitled to appoint from among the Lenders a successor L/C Issuer or and Swing Line Lender hereunder; provided, however, that no failure by the Borrowers Borrower to appoint any such successor shall affect the resignation of Xxxxx Fargo Bank of America as L/C Issuer or and Swing Line Lender, as the case may be. If Xxxxx Fargo Bank of America resigns as L/C IssuerIssuer and Swing Line Lender, it shall retain all the rights, powers, privileges and duties of the L/C Issuer and Swing Line Lender hereunder with respect to all Letters of Credit and Swing Line Loans outstanding as of the effective date of its resignation as L/C Issuer and all Letters of Credit and Reimbursement Obligations with respect thereto Swing Line Lender (including the right to require the Lenders to make Base Rate Loans or fund risk participations in Unpaid Reimbursement Obligations Unreimbursed Amounts pursuant to §4Section 2.03(c) and Section 2.04). If Bank of America resigns as Swing Line Lender, it shall retain all the rights of the Swing Line Lender provided for hereunder with respect to Swing Line Loans made by it and outstanding as of the effective date of such resignation, including the right to require the Lenders to make Base Rate Loans or fund risk participations in outstanding Swing Line Loans pursuant to §2.10. Upon the appointment of a successor L/C Issuer and/or and Swing Line Lender, (a) such successor shall succeed to and become vested with all of the rights, powers, privileges and duties obligations of the retiring L/C Issuer or and Swing Line Lender, as the case may be, Lender 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 Xxxxx Fargo Bank of America to effectively assume the obligations of Xxxxx Fargo Bank of America with respect to such Letters of Credit.

Resignation as L/C Issuer and Swing Line Lender after Assignment. Notwithstanding anything to the contrary contained herein, if at any time Bank of America JPMorgan assigns all of its Commitment Commitments and Revolving Credit Committed Loans pursuant to §15.1.2 aboveSection 10.06(b), Bank of America it may, (i) upon 30 days’ notice to the Borrowers Borrower and the Lenders, resign as L/C Issuer and/or (ii) upon 30 days’ notice to the Borrowers, resign as Swing Line Lender. In the event of any such resignation as L/C Issuer or Swing Line Lender, the Borrowers Borrower shall be entitled to appoint from among the Lenders a successor L/C Issuer or Swing Line Lender hereunder; provided, however, that no failure by the Borrowers Borrower to appoint any such successor shall affect the resignation of Bank of America JPMorgan as L/C Issuer or Swing Line Lender, as the case may be. If Bank of America JPMorgan 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 Letters of Credit and Reimbursement L/C Obligations with respect thereto (including the right to require the Lenders to make Base Rate Loans or fund risk participations in Unpaid Reimbursement Obligations Unreimbursed Amounts pursuant to §4Section 2.03(c)). If Bank of America JPMorgan resigns as Swing Line Lender, it shall retain all the rights of the Swing Line Lender provided for hereunder with respect to Swing Line Loans made by it and outstanding as of the effective date of such resignation, including the right to require the Lenders to make Base Rate Committed Loans or fund risk participations in outstanding Swing Line Loans pursuant to §2.10Section 2.04(c). Upon the appointment of a successor L/C Issuer and/or or Swing Line Lender, (a) such successor shall succeed to and become vested with all of the rights, powers, privileges and duties of the retiring L/C Issuer or Swing Line Lender, as the case may be, 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 reasonably satisfactory to Bank of America JPMorgan to effectively assume the obligations of Bank of America such party with respect to such Letters of Credit.