Resignation as Swing Line Lender after Assignment. Notwithstanding anything to the contrary contained herein, if at any time JPM assigns all of its Revolving Credit Commitment and Revolving Credit Loans pursuant to Section 10.06(b), JPM may, subject to the remainder of this paragraph, upon thirty (30) days’ notice to the Borrower and the Lenders, resign as Swing Line Lender. In the event of any such resignation as Swing Line Lender, the Borrower shall be entitled to appoint from among the Lenders a Swing Line Lender hereunder; provided, however, that no failure by the Borrower to appoint any such successor shall affect the resignation of JPM as Swing Line Lender. If JPM 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 Section 2.04(c). Upon the appointment of a successor Swing Line Lender, such successor shall succeed to and become vested with all of the rights, powers, privileges and duties of the retiring Swing Line Lender.
Appears in 6 contracts
Samples: Credit Agreement (Entercom Communications Corp), Credit Agreement (CBS Corp), Credit Agreement (CBS Radio Inc.)
Resignation as Swing Line Lender after Assignment. Notwithstanding anything to the contrary contained herein, if at any time JPM Bank of America assigns all of its Revolving Credit Commitment and Revolving Credit Loans pursuant to Section 10.06(b)subsection (b) above, JPM Bank of America may, subject to the remainder of this paragraph, (i) upon thirty (30) 30 days’ notice to the Borrower and the Lenders, resign as Swing Line Lender. In the event of any such resignation as Swing Line Lender, the Borrower shall be entitled to appoint from among the Lenders a successor Swing Line Lender hereunder; provided, however, that no failure by the Borrower to appoint any such successor shall affect the resignation of JPM Bank of America as Swing Line Lender. If JPM 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 Revolving Loans or fund risk participations in outstanding Swing Line Loans pursuant to Section 2.04(c2.05(c). Upon the appointment of a successor Swing Line Lender, such successor shall succeed to and become vested with all of the rights, powers, privileges and duties of the retiring Swing Line Lender.
Appears in 5 contracts
Samples: Credit Agreement, Credit Agreement (Waddell & Reed Financial Inc), Credit Agreement (Waddell & Reed Financial Inc)
Resignation as Swing Line Lender after Assignment. Notwithstanding anything to the contrary contained herein, if at any time JPM Bank of America assigns all of its Revolving Credit Commitment and Revolving Credit Loans pursuant to Section 10.06(b)subsection (b) above, JPM Bank of America may, subject to the remainder of this paragraph, (i) upon thirty (30) 30 days’ notice to the Borrower and the LendersBorrower, resign as Swing Line Lender. In the event of any such resignation as Swing Line Lender, the Borrower shall be entitled to appoint from among the Lenders a successor Swing Line Lender hereunder; provided, however, that no failure by the Borrower to appoint any such successor shall affect the resignation of JPM Bank of America as Swing Line Lender. If JPM 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 Section 2.04(c2.03(c). Upon the appointment of a successor Swing Line Lender, such successor shall succeed to and become vested with all of the rights, powers, privileges and duties of the retiring Swing Line Lender.
Appears in 5 contracts
Samples: Credit Agreement (Fidelity National Financial, Inc.), Credit Agreement (Fidelity National Financial, Inc.), Credit Agreement (Fidelity National Financial, Inc.)
Resignation as Swing Line Lender after Assignment. Notwithstanding anything to the contrary contained herein, if at any time JPM Bank of America assigns all of its Revolving Credit Commitment and Revolving Credit Loans pursuant to Section 10.06(b)subsection (b) above, JPM Bank of America may, subject to the remainder of this paragraph, upon thirty (30) days’ 30 days prior written notice to the Borrower and the LendersCompany, resign as Swing Line Lender. In the event of any such resignation as Swing Line Lender, the Borrower Company shall be entitled to appoint from among the Lenders a successor Swing Line Lender hereunder; provided, however, that no failure by the Borrower Company to appoint any such successor shall affect the resignation of JPM Bank of America as Swing Line Lender, as the case may be. If JPM 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 Committed Loans or fund risk participations in outstanding Swing Line Loans pursuant to Section 2.04(c2.03(c). Upon the appointment of a successor Swing Line Lender, such successor shall succeed to and become vested with all of the rights, powers, privileges and duties of the retiring Swing Line Lender.
Appears in 4 contracts
Samples: Credit Agreement (Cboe Global Markets, Inc.), Credit Agreement (Cboe Global Markets, Inc.), Credit Agreement (Cboe Global Markets, Inc.)
Resignation as Swing Line Lender after Assignment. Notwithstanding anything to the contrary contained herein, if if, at any time JPM time, Bank of America assigns all of its Revolving Credit Commitment and Revolving Credit Loans pursuant to Section 10.06(bthe foregoing clause (b), JPM Bank of America may, subject to the remainder of this paragraph, upon thirty (30) calendar days’ notice to the Borrower and the LendersBorrowers, resign as Swing Line Lender. In the event of any such resignation as Swing Line Lender, the Borrower Borrowers shall be entitled to appoint from among the Lenders a successor Swing Line Lender hereunder; provided, howeverthat, that no failure by the Borrower Borrowers to appoint any such successor shall affect the resignation of JPM Bank of America as Swing Line Lender, as the case may be. If JPM 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 Section 2.04(c2.03(c). Upon the appointment of a successor Swing Line Lender, such successor shall succeed to to, and become vested with all of the rights, powers, privileges and duties of of, the retiring Swing Line Lender, as the case may be. Notice by the Administrative Agent to the Borrowers of any assignment made under this Section 11.06 shall be provided as may be agreed in writing from time to time between the Borrowers and the Administrative Agent.
Appears in 4 contracts
Samples: Credit Agreement (Connecticut Light & Power Co), Credit Agreement (Public Service Co of New Hampshire), Credit Agreement (Connecticut Light & Power Co)
Resignation as Swing Line Lender after Assignment. Notwithstanding anything to the contrary contained herein, if at any time JPM the Swing Line Lender assigns all of its Revolving Credit Commitment and Revolving Credit Loans pursuant to Section 10.06(b)subsection (b) above, JPM such Swing Line Lender may, subject to the remainder of this paragraph, (i) upon thirty (30) 30 days’ notice to the Borrower and the LendersAdministrative Agent, resign as Swing Line Lender. In the event of any such resignation as Swing Line Lender, the Borrower shall be entitled to appoint appoint, with the consent of the Administrative Agent (which consent shall not be unreasonably withheld) from among the Lenders Administrative Agent and the Syndication Agent a successor Swing Line Lender hereunder; provided, however, that no failure by the Borrower to appoint any such successor shall affect the resignation of JPM as the then current Swing Line Lender. If JPM resigns as the then current Swing Line LenderLender resigns, 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 Section 2.04(c). Upon the appointment of a successor Swing Line Lender, such successor shall succeed to and become vested with all of the rights, powers, privileges and duties of the retiring Swing Line Lender, as the case may be.
Appears in 3 contracts
Samples: Credit Agreement (Mantech International Corp), Credit Agreement (Mantech International Corp), Credit Agreement (Mantech International Corp)
Resignation as Swing Line Lender after Assignment. Notwithstanding anything to the contrary contained herein, if at any time JPM the Swing Line Lender assigns all of its Revolving Credit Commitment and Revolving Credit Loans pursuant to Section 10.06(b)subsection (b) above, JPM the Swing Line Lender may, subject to the remainder of this paragraph, upon thirty (30) 30 days’ notice to the Borrower Company and the Lenders, resign as Swing Line Lender. In the event of any such resignation as Swing Line Lender, the Borrower Company shall be entitled to appoint from among the Lenders a successor Swing Line Lender hereunder; provided, however, that no failure by the Borrower Company to appoint any such successor shall affect the resignation of JPM the Swing Line Lender as Swing Line Lender. If JPM the Swing Line Lender 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 Section 2.04(c). Upon the appointment of a successor Swing Line Lender, such successor shall succeed to and become vested with all of the rights, powers, privileges and duties of the retiring Swing Line Lender.
Appears in 3 contracts
Samples: Revolving Credit Agreement (Fortive Corp), Credit Agreement (Fortive Corp), Credit Agreement (Fortive Corp)
Resignation as Swing Line Lender after Assignment. Notwithstanding anything to the contrary contained herein, if at any time JPM Bank of America assigns all of its Revolving Credit A Commitment and its Revolving Credit B Commitment, and all of its Revolving A Loans and Revolving B Loans pursuant to Section 10.06(b)subsection (b) above, JPM Bank of America may, subject to the remainder of this paragraph, upon thirty (30) days’ notice to the Borrower and the LendersCompany, resign as Swing Line Lender. In the event of any such resignation as Swing Line Lender, the Borrower Company shall be entitled to appoint from among the Lenders a successor Swing Line Lender hereunder; provided, however, that no failure by the Borrower Company to appoint any such successor shall affect the resignation of JPM Bank of America as Swing Line Lender. If JPM 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 Section 2.04(c). Upon the appointment of a successor Swing Line Lender, such successor shall succeed to and become vested with all of the rights, powers, privileges and duties of the retiring Swing Line Lender.
Appears in 3 contracts
Samples: Credit Agreement (Fleetcor Technologies Inc), Credit Agreement (Fleetcor Technologies Inc), Credit Agreement (Fleetcor Technologies Inc)
Resignation as Swing Line Lender after Assignment. Notwithstanding anything to the contrary contained herein, if at any time JPM Bank of America assigns all of its Revolving Credit Tranche 1 Commitment and Revolving Credit Tranche 1 Loans pursuant to Section 10.06(b)subsection (b) above, JPM Bank of America may, subject to the remainder of this paragraph, upon thirty (30) 30 days’ notice to the Borrower and the LendersCompany, resign as Swing Line Lender. In the event of any such resignation as Swing Line Lender, the Borrower Company shall be entitled to appoint from among the Tranche I Lenders a successor Swing Line Lender hereunder; provided, however, that (x) no failure by the Borrower Company to appoint any such successor shall affect the resignation of JPM Bank of America as Swing Line Lender, as the case may be and (y) no such appointment shall be effective without the consent of the appointed Swing Line Lender, as the case may be. If JPM 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 Tranche 1 Lenders to make Base Rate Committed Loans or fund risk participations in outstanding Swing Line Loans pursuant to Section 2.04(c). Upon the appointment of a successor Swing Line Lender, such successor shall succeed to and become vested with all of the rights, powers, privileges and duties of the retiring Swing Line Lender, as the case may be.
Appears in 3 contracts
Samples: Credit Agreement (Discovery, Inc.), Credit Agreement (Discovery, Inc.), Credit Agreement (Discovery Communications, Inc.)
Resignation as Swing Line Lender after Assignment. Notwithstanding anything to the contrary contained herein, if at any time JPM Xxxxxx Xxxxxxx assigns all of its Revolving Credit Commitment and Revolving Credit Loans pursuant to Section 10.06(b), JPM Xxxxxx Xxxxxxx may, subject to the remainder of this paragraph, upon thirty (30) days’ notice to the Borrower Parent and the Lenders, resign as Swing Line Lender. In the event of any such resignation as Swing Line Lender, the Borrower Parent shall be entitled to appoint from among the Lenders a Swing Line Lender hereunder; provided, however, that no failure by the Borrower Parent to appoint any such successor shall affect the resignation of JPM Xxxxxx Xxxxxxx as Swing Line Lender. If JPM Xxxxxx Xxxxxxx 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 Section 2.04(c). Upon the appointment of a successor Swing Line Lender, such successor shall succeed to and become vested with all of the rights, powers, privileges and duties of the retiring Swing Line Lender.
Appears in 3 contracts
Samples: Credit Agreement (OUTFRONT Media Inc.), Credit Agreement (OUTFRONT Media Inc.), Credit Agreement (OUTFRONT Media Inc.)
Resignation as Swing Line Lender after Assignment. Notwithstanding anything to the contrary contained herein, if at any time JPM State Street Bank assigns all of its Revolving Credit Commitment and Revolving Credit Loans pursuant to Section 10.06(b)subsection (b) above, JPM State Street Bank may, subject to the remainder of this paragraph, upon thirty (30) days’ notice to the Borrower and the LendersBorrower, resign as Swing Line Lender. In the event of any such resignation as Swing Line Lender, the Borrower shall be entitled to appoint from among the Lenders a successor Swing Line Lender hereunder; provided, however, that no failure by the Borrower to appoint any such successor shall affect the resignation of JPM State Street Bank as Swing Line Lender. If JPM State Street Bank 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 Section 2.04(c2.03(c). Upon the appointment of a successor Swing Line Lender, such successor shall succeed to and become vested with all of the rights, powers, privileges and duties of the retiring Swing Line Lender.
Appears in 3 contracts
Samples: Credit Agreement (Voya PRIME RATE TRUST), Credit Agreement (Voya PRIME RATE TRUST), Credit Agreement (Voya PRIME RATE TRUST)
Resignation as Swing Line Lender after Assignment. Notwithstanding anything to the contrary contained herein, if at any time JPM a Swing Line Lender assigns all of its Revolving Credit Commitment and Revolving Credit Loans pursuant to Section 10.06(b)subsection (b) above, JPM such Swing Line Lender may, subject to the remainder of this paragraph, (i) upon thirty (30) 30 days’ notice to the Borrower and the Revolving Lenders, resign as a Swing Line Lender. In the event of any such resignation as a Swing Line Lender, the Borrower shall be entitled to appoint from among the Revolving Lenders a successor Swing Line Lender hereunder; provided, however, that no failure by the Borrower to appoint any such successor shall affect the resignation of JPM as such resigning Swing Line Lender. If JPM resigns as a Swing Line LenderLender resigns, it shall retain all the rights of the a 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 Revolving Credit Loans or fund risk participations in outstanding Swing Line Loans pursuant to Section 2.04(c2.17(c). Upon the appointment of a successor Swing Line Lender, such successor shall succeed to and become vested with all of the rights, powers, privileges and duties of the retiring Swing Line Lender.
Appears in 2 contracts
Samples: Credit Agreement (Starwood Property Trust, Inc.), Credit Agreement (Starwood Property Trust, Inc.)
Resignation as Swing Line Lender after Assignment. Notwithstanding anything to the contrary contained herein, if at any time JPM Bank of America assigns all of its Revolving Credit Commitment and Revolving Credit Loans pursuant to Section 10.06(b)subsection (b) above, JPM Bank of America may, subject to the remainder of this paragraph, (i) upon thirty (30) days’ notice to the Borrower Borrowers and the Lenders, resign as Swing Line Lender. In the event of any such resignation as Swing Line Lender, the Borrower Borrowers shall be entitled to appoint from among the Lenders a successor Swing Line Lender hereunder; provided, however, that no failure by the Borrower Borrowers to appoint any such successor shall affect the resignation of JPM Bank of America as Swing Line Lender. If JPM 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 Revolving Credit Loans or fund risk participations in outstanding Swing Line Loans pursuant to Section 2.04(c2.16(c). Upon the appointment of a successor Swing Line Lender, such successor shall succeed to and become vested with all of the rights, powers, privileges and duties of the retiring Swing Line Lender.
Appears in 2 contracts
Samples: Credit Agreement (Starwood Property Trust, Inc.), Credit Agreement (Starwood Property Trust, Inc.)
Resignation as Swing Line Lender after Assignment. Notwithstanding anything to the contrary contained herein, if at any time JPM Citibank assigns all of its Revolving Credit Commitment and Revolving Credit Loans pursuant to Section 10.06(b), JPM Citibank may, (i) subject to the remainder of this paragraph, upon thirty (30) days’ notice to the Borrower and the Lenders, resign as Swing Line Lender. In the event of any such resignation as Swing Line Lender, the Borrower shall be entitled to appoint from among the Lenders a Swing Line Lender hereunder; provided, however, that no failure by the Borrower to appoint any such successor shall affect the resignation of JPM Citibank as Swing Line Lender. If JPM Citibank 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 Section 2.04(c). Upon the appointment of a successor Swing Line Lender, (a) such successor shall succeed to and become vested with all of the rights, powers, privileges and duties of the retiring Swing Line Lender.
Appears in 2 contracts
Samples: Credit Agreement (Halyard Health, Inc.), Credit Agreement (Halyard Health, Inc.)
Resignation as Swing Line Lender after Assignment. Notwithstanding anything to the contrary contained herein, if at any time JPM Bank of America assigns all of its Revolving Credit Commitment and Revolving Credit Loans pursuant to Section 10.06(b)subsection (b) above, JPM Bank of America may, subject to the remainder of this paragraph, upon thirty (30) days’ notice to the Borrower and the LendersBorrower, resign as Swing Line Lender. In the event of any such resignation as Swing Line Lender, the Borrower shall be entitled to appoint from among the Lenders a successor Swing Line Lender hereunder; provided, however, that no failure by the Borrower to appoint any such successor shall affect the resignation of JPM Bank of America as Swing Line Lender. If JPM 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 Section 2.04(c2.17(c). Upon the appointment of a successor Swing Line Lender, such successor shall succeed to and become vested with all of the rights, powers, privileges and duties of the retiring Swing Line Lender.
Appears in 2 contracts
Samples: Credit Agreement (Novellus Systems Inc), Credit Agreement (Novellus Systems Inc)
Resignation as Swing Line Lender after Assignment. Notwithstanding anything to the contrary contained herein, if at any time JPM a Person assigns all of its Revolving Credit Commitment and Revolving Credit Loans pursuant to Section 10.06(bsubsection (b) above and such Person is the Swing Line Lender (an “Assigning Swing Line Lender”), JPM such Person may, subject to the remainder of this paragraph, upon thirty (30) 30 days’ notice to the Borrower and the LendersCompany, resign as Swing Line Lender. In the event of any such resignation as Swing Line Lender, the Borrower shall Company will be entitled to appoint from among the Lenders a successor Swing Line Lender hereunder; provided, however, that no failure by the Borrower Company to appoint any such successor shall will affect the resignation of JPM the applicable Assigning Swing Line Lender as Swing Line Lender. If JPM an Assigning Swing Line Lender resigns as Swing Line Lender, it shall will 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 Section 2.04(c2.05(c). Upon the appointment of a successor Swing Line Lender, such successor shall will succeed to and become vested with all of the rights, powers, privileges and duties of the retiring Swing Line Lender, as the case may be.
Appears in 2 contracts
Samples: 364 Day Credit Agreement (Starbucks Corp), 364 Day Credit Agreement (Starbucks Corp)
Resignation as Swing Line Lender after Assignment. Notwithstanding anything to the contrary contained herein, if at any time JPM Barclays assigns all of its Revolving Credit Commitment and Revolving Credit Loans pursuant to Section 10.06(b)subsection (b) above, JPM Barclays may, subject to the remainder of this paragraph, upon thirty (30) days’ notice to the Borrower and the LendersBorrower, resign as Swing Line Lender. In the event of any such resignation as Swing Line Lender, the Borrower shall be entitled to appoint from among the Lenders a successor Swing Line Lender hereunder; provided, however, that no failure by the Borrower to appoint any such successor shall affect the resignation of JPM Barclays as Swing Line Lender, as the case may be. If JPM Barclays 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 Section 2.04(c). Upon the appointment of a successor Swing Line Lender, such successor shall succeed to and become vested with all of the rights, powers, privileges and duties of the retiring Swing Line Lender, as the case may be. Notice by the Administrative Agent to the Borrower of any assignment made under this Section 11.06 shall be provided as may be agreed in writing from time to time between the Borrower and the Administrative Agent.
Appears in 2 contracts
Samples: Credit Agreement (Public Service Co of New Hampshire), Credit Agreement (Connecticut Light & Power Co)
Resignation as Swing Line Lender after Assignment. Notwithstanding anything to the contrary contained herein, if if, at any time JPM time, Barclays assigns all of its Revolving Credit Commitment and Revolving Credit Loans pursuant to Section 10.06(bthe foregoing clause (b), JPM Barclays may, subject to the remainder of this paragraph, upon thirty (30) calendar days’ notice to the Borrower and the LendersBorrower, resign as Swing Line Lender. In the event of any such resignation as Swing Line Lender, the Borrower shall be entitled to appoint from among the Lenders a successor Swing Line Lender hereunder; provided, howeverthat, that no failure by the Borrower to appoint any such successor shall affect the resignation of JPM Barclays as Swing Line Lender, as the case may be. If JPM Barclays 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 Section 2.04(c2.03(c). Upon the appointment of a successor Swing Line Lender, such successor shall succeed to to, and become vested with all of the rights, powers, privileges and duties of of, the retiring Swing Line Lender, as the case may be. Notice by the Administrative Agent to the Borrower of any assignment made under this Section 11.06 shall be provided as may be agreed in writing from time to time between the Borrower and the Administrative Agent.
Appears in 2 contracts
Samples: Credit Agreement (Connecticut Light & Power Co), Credit Agreement (Connecticut Light & Power Co)
Resignation as Swing Line Lender after Assignment. Notwithstanding anything to the contrary contained herein, if at any time JPM Bank of America assigns all of its Revolving Credit Commitment and Revolving Credit Loans pursuant to Section 10.06(b)subsection (b) above, JPM Bank of America may, subject to the remainder of this paragraph, upon thirty (30) days’ notice to the Borrower and the LendersBorrowers, resign as Swing Line Lender. In the event of any such resignation as Swing Line Lender, the Borrower Borrowers shall be entitled to appoint from among the Lenders a successor Swing Line Lender hereunder; provided, however, that no failure by the Borrower Borrowers to appoint any such successor shall affect the resignation of JPM Bank of America as Swing Line Lender, as the case may be. If JPM 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 Section 2.04(c). Upon the appointment of a successor Swing Line Lender, such successor shall succeed to and become vested with all of the rights, powers, privileges and duties of the retiring Swing Line Lender, as the case may be. Notice by the Administrative Agent to the Borrowers of any assignment made under this Section 11.06 shall be provided as may be agreed in writing from time to time between the Borrowers and the Administrative Agent.
Appears in 2 contracts
Samples: Credit Agreement (Public Service Co of New Hampshire), Credit Agreement (Connecticut Light & Power Co)
Resignation as Swing Line Lender after Assignment. Notwithstanding anything to the contrary contained herein, if at any time JPM the Swing Line Lender assigns all of its Revolving Credit Commitment and Revolving Credit Loans pursuant to Section 10.06(b)subsection (b) above, JPM the Swing Line Lender may, subject to the remainder of this paragraph, upon thirty (30) 30 days’ notice to the Borrower Company and the Lenders, resign as Swing Line Lender. In the event of any such resignation as Swing Line Lender, the Borrower Company shall be entitled to appoint from among the Lenders (with the consent of such Lender) a successor Swing Line Lender hereunder; provided, however, that no failure by the Borrower Company to appoint any such successor shall affect the resignation of JPM the Swing Line Lender as Swing Line Lender. If JPM the Swing Line Lender 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 Section 2.04(c). Upon the appointment of a successor Swing Line Lender, such successor shall succeed to and become vested with all of the rights, powers, privileges and duties of the retiring Swing Line Lender.
Appears in 2 contracts
Samples: Credit Agreement (Veralto Corp), Credit Agreement (Danaher Corp /De/)
Resignation as Swing Line Lender after Assignment. Notwithstanding anything to the contrary contained herein, if at any time JPM Xxxxx Fargo assigns all of its Revolving Credit Commitment Commitments and Revolving Credit Loans pursuant to Section 10.06(b)subsection (b) above, JPM Xxxxx Fargo may, subject to the remainder of this paragraph, upon thirty (30) 30 days’ notice to the Borrower WBA and the Lenders, resign as Swing Line Lender. In the event of any such resignation as a Swing Line Lender, the Borrower WBA shall be entitled to appoint from among the Lenders a successor Swing Line Lender hereunder, subject to the consent of such Lender; provided, however, provided that no failure by the Borrower WBA to appoint any such successor shall affect the resignation of JPM Xxxxx Fargo as Swing Line Lender. If JPM Xxxxx Fargo 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 Section 2.04(c2.02(c). Upon the appointment and consent of a successor Swing Line Lender, such successor shall succeed to and become vested with all of the rights, powers, privileges and duties of the retiring Swing Line Lender.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Walgreens Boots Alliance, Inc.), Revolving Credit Agreement (Walgreens Boots Alliance, Inc.)
Resignation as Swing Line Lender after Assignment. Notwithstanding anything to the contrary contained herein, if at any time JPM Bank of America assigns all of its Revolving Credit Commitment and Revolving Credit Loans pursuant to Section 10.06(b), JPM Bank of America may, (i) subject to the remainder of this paragraph, upon thirty (30) days’ notice to the Borrower Parent and the Lenders, resign as Swing Line Lender. In the event of any such resignation as Swing Line Lender, the Borrower Parent shall be entitled to appoint from among the Lenders a Swing Line Lender hereunder; provided, however, that no failure by the Borrower Parent to appoint any such successor shall affect the resignation of JPM Bank of America as Swing Line Lender. If JPM 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 Section 2.04(c). Upon the appointment of a successor Swing Line Lender, such successor shall succeed to and become vested with all of the rights, powers, privileges and duties of the retiring Swing Line Lender.
Appears in 2 contracts
Samples: Credit Agreement (Uniti Group Inc.), Credit Agreement (Communications Sales & Leasing, Inc.)
Resignation as Swing Line Lender after Assignment. Notwithstanding anything to the contrary contained herein, if at any time JPM a Lender acting as a Swing Line Lender assigns all of its Revolving Credit Commitment and Revolving Credit Loans pursuant to Section 10.06(b)subsection (b) above, JPM may, subject to the remainder of this paragraph, such Lender may upon thirty (30) days’ notice to the Borrower and the LendersBorrowers, resign as a Swing Line Lender. In the event of any such resignation as a Swing Line Lender, the Borrower Borrowers shall be entitled to appoint from among the Lenders a successor Swing Line Lender hereunder; provided, however, that no failure by the Borrower Borrowers to appoint any such successor shall affect the resignation of JPM such Lender as a Swing Line Lender. If JPM a Lender resigns as a Swing Line Lender, it shall retain all the rights of the a 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 Section 2.04(c). Upon the appointment of a successor Swing Line Lender, such successor shall succeed to and become vested with all of the rights, powers, privileges and duties of the retiring Swing Line Lender.
Appears in 2 contracts
Samples: Credit Agreement (Raymond James Financial Inc), Credit Agreement (Raymond James Financial Inc)
Resignation as Swing Line Lender after Assignment. Notwithstanding anything to the contrary contained herein, if at any time JPM any Swing Line Lender assigns all of its Revolving Credit Commitment and Revolving Credit Loans pursuant to Section 10.06(b)subsection (b) above, JPM such Swing Line Lender may, subject to the remainder of this paragraph, upon thirty (30) 30 days’ notice to the Borrower Company and the Lenders, resign as Swing Line Lender. In the event of any such resignation as Swing Line Lender, the Borrower Company shall be entitled to appoint from among the Lenders a successor Swing Line Lender hereunder; provided, however, that no failure by the Borrower Company to appoint any such successor shall affect the resignation of JPM the applicable Swing Line Lender as Swing Line Lender. If JPM any Swing Line Lender resigns as Swing Line Lender, it shall retain all the rights of the a 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 Section 2.04(c). Upon the appointment of a successor Swing Line Lender, such successor shall succeed to and become vested with all of the rights, powers, privileges and duties of the retiring Swing Line Lender.
Appears in 2 contracts
Samples: Credit Agreement (Danaher Corp /De/), Credit Agreement (Danaher Corp /De/)
Resignation as Swing Line Lender after Assignment. Notwithstanding anything to the contrary contained herein, if at any time JPM the Swing Line Lender assigns all of its Revolving Credit Commitment and Revolving Credit Loans pursuant to Section 10.06(b)subsection (b) above, JPM such Swing Line Lender may, subject to the remainder of this paragraph, (i) upon thirty (30) 30 days’ notice to the Borrower and the LendersAdministrative Agent, resign as Swing Line Lender. In the event of any such resignation as Swing Line Lender, the Borrower shall be entitled to appoint appoint, with the consent of the Administrative Agent (which consent shall not be unreasonably withheld) from among the Lenders Administrative Agent and the Syndication Agent a successor Swing Line Lender hereunder; provided, however, that no failure by the Borrower to appoint any such successor shall affect the resignation of JPM as the then current Swing Line Lender. If JPM resigns as the then current Swing Line LenderLender resigns, 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 Revolving Credit Lenders to make Base Rate Loans or fund risk participations in outstanding Swing Line Loans pursuant to Section 2.04(c). Upon the appointment of a successor Swing Line Lender, such successor shall succeed to and become vested with all of the rights, powers, privileges and duties of the retiring Swing Line Lender, as the case may be.
Appears in 1 contract
Resignation as Swing Line Lender after Assignment. Notwithstanding anything to the contrary contained herein, if at any time JPM Bank of America assigns all of its Revolving Credit Commitment and Revolving Credit Loans pursuant to Section 10.06(b)subsection (b) above, JPM Bank of America may, subject to the remainder of this paragraph, upon thirty (30) days5 Business Days’ notice to the Borrower and the Lenders, resign as Swing Line Lender. In the event of any such resignation as Swing Line Lender, the Borrower shall be entitled to appoint from among the Lenders a successor Swing Line Lender hereunder; provided, however, that no failure by the Borrower to appoint any such successor shall affect the resignation of JPM Bank of America as Swing Line Lender, as the case may be. If JPM 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 Committed Loans or fund risk participations in outstanding Swing Line Loans pursuant to Section 2.04(c). Upon the appointment of a successor Swing Line Lender, such successor shall succeed to and become vested with all of the rights, powers, privileges and duties of the retiring Swing Line Lender, as the case may be.
Appears in 1 contract
Resignation as Swing Line Lender after Assignment. Notwithstanding anything to the contrary contained herein, if at any time JPM Bank of America assigns all of its Revolving Credit Commitment and Revolving Credit Loans pursuant to Section 10.06(b)subsection (b) above, JPM Bank of America may, subject to the remainder of this paragraph, upon thirty (30) 30 days’ notice to the Borrower and the Lenders, resign as Swing Line Lender. In the event of any such resignation as Swing Line Lender, the Borrower shall be entitled to appoint from among the Lenders a successor Swing Line Lender hereunder; provided, however, that no failure by the Borrower to appoint any such successor shall affect the resignation of JPM Bank of America as Swing Line Lender, as the case may be. If JPM 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 Committed Loans or fund risk participations in outstanding Swing Line Loans pursuant to Section 2.04(c2.03(c). Upon the appointment of a successor Swing Line Lender, such successor shall succeed to and become vested with all of the rights, powers, privileges and duties of the retiring Swing Line Lender.
Appears in 1 contract
Resignation as Swing Line Lender after Assignment. Notwithstanding anything to the contrary contained herein, if at any time JPM any Lender that is a Domestic Swing Line Lender assigns all of its Revolving Credit A CHAR1\1980830v3 Commitment and all of its Revolving Credit A Loans pursuant to Section 10.06(b)subsection (b) above, JPM such Lender may, subject to the remainder of this paragraph, upon thirty (30) days’ notice to the Borrower and the LendersCompany, resign as a Domestic Swing Line Lender. In the event of any such resignation as a Domestic Swing Line Lender, the Borrower Company shall be entitled to appoint from among the Lenders a successor Domestic Swing Line Lender hereunderXxxxxx xxxxxxxxx; provided, however, that no failure by the Borrower Company to appoint any such successor shall affect the resignation of JPM such Xxxxxx as a Domestic Swing Line Lender. If JPM such Xxxxxx resigns as a Domestic Swing Line Lender, it shall retain all the rights of the a Domestic Swing Line Lender provided for hereunder with respect to Domestic 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 Domestic Swing Line Loans pursuant to Section 2.04(c). Upon the appointment of a successor Domestic Swing Line Lender, such successor shall succeed to and become vested with all of the rights, powers, privileges and duties of the retiring Domestic Swing Line Lender.
Appears in 1 contract
Resignation as Swing Line Lender after Assignment. Notwithstanding anything to the contrary contained herein, if at any time JPM Bank of America assigns all of its Multicurrency Revolving Credit Commitment and Multicurrency Revolving Credit Loans pursuant to Section 10.06(b)subsection (b) above, JPM Bank of America may, subject to the remainder of this paragraph, upon thirty (30) 30 days’ notice to the Borrower and the LendersBorrower, resign as Swing Line Lender. In the event of any such resignation as Swing Line Lender, the Borrower shall be entitled to appoint from among the Multicurrency Revolving Credit Lenders a successor Swing Line Lender hereunder; provided, however, provided that no failure by the Borrower to appoint any such successor shall affect the resignation of JPM Bank of America as Swing Line Lender. If JPM 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 Multicurrency Revolving Credit Lenders to make Base Rate Loans or fund risk participations in outstanding Swing Line Loans pursuant to Section 2.04(c2.03(c). Upon the appointment of a successor Swing Line Lender, such successor shall succeed to and become vested with all of the rights, powers, privileges and duties of the retiring Swing Line Lender.
Appears in 1 contract
Resignation as Swing Line Lender after Assignment. Notwithstanding anything to the contrary contained herein, if at any time JPM Bank of America assigns all of its Revolving Credit Commitment and Revolving Credit Loans pursuant to Section Section 10.06(b), JPM Bank of America may, (i) subject to the remainder of this paragraph, upon thirty (30) days’ notice to the Borrower Parent and the Lenders, resign as Swing Line Lender. In the event of any such resignation as Swing Line Lender, the Borrower Parent shall be entitled to appoint from among the Lenders a Swing Line Lender hereunder; provided, however, that no failure by the Borrower Parent to appoint any such successor shall affect the resignation of JPM Bank of America as Swing Line Lender. If JPM 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 Section Section 2.04(c). Upon the appointment of a successor Swing Line Lender, such successor shall succeed to and become vested with all of the rights, powers, privileges and duties of the retiring Swing Line Lender.
Appears in 1 contract
Samples: Credit Agreement (Uniti Group Inc.)
Resignation as Swing Line Lender after Assignment. Notwithstanding anything to the contrary contained herein, if at any time JPM a Person assigns all of its Revolving Credit Commitment and Revolving Credit Loans pursuant to Section 10.06(bsubsection (b) above and such Person is the Swing Line Lender (an “Assigning Swing Line Lender”), JPM such Person may, subject to the remainder of this paragraph, upon thirty (30) 30 days’ notice to the Borrower and the LendersCompany, resign as Swing Line Lender. In the event of any such resignation as Swing Line Lender, the Borrower shall Company will be entitled to appoint from among the Lenders a successor Swing Line Lender hereunder; provided, however, that no failure by the Borrower Company to appoint Table of Contents any such successor shall will affect the resignation of JPM the applicable Assigning Swing Line Lender as Swing Line Lender. If JPM an Assigning Swing Line Lender resigns as Swing Line Lender, it shall will 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 Section 2.04(c2.05(c). Upon the appointment of a successor Swing Line Lender, such successor shall will succeed to and become vested with all of the rights, powers, privileges and duties of the retiring Swing Line Lender, as the case may be.
Appears in 1 contract
Resignation as Swing Line Lender after Assignment. Notwithstanding anything to the contrary contained herein, if at any time JPM the Swing Line Lender assigns all of its Revolving Credit Commitment and Revolving Credit Loans pursuant to Section 10.06(b)subsection (b) above, JPM such Swing Line Lender may, subject to the remainder of this paragraph, (i) upon thirty (30) days’ notice to the Borrower and the LendersAdministrative Agent, resign as Swing Line Lender. In the event of any such resignation as Swing Line Lender, the Borrower shall be entitled to appoint appoint, with the consent of the Administrative Agent (which consent shall not be unreasonably withheld) from among the Lenders Administrative Agent and the Syndication Agent a successor Swing Line Lender hereunder; provided, however, that no failure by the Borrower to appoint any such successor shall affect the resignation of JPM as the then current Swing Line Lender. If JPM resigns as the then current Swing Line LenderLender resigns, 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 Section 2.04(c). Upon the appointment of a successor Swing Line Lender, such successor shall succeed to and become vested with all of the rights, powers, privileges and duties of the retiring Swing Line Lender, as the case may be.
Appears in 1 contract
Resignation as Swing Line Lender after Assignment. Notwithstanding anything to the contrary contained herein, if at any time JPM Barclays assigns all of its Revolving Credit Commitment and Revolving Credit Loans pursuant to Section 10.06(b)subsection (b) above, JPM Barclays may, subject to the remainder of this paragraph, upon thirty (30) days’ notice to the Borrower and the LendersBorrower, resign as Swing Line Lender. In the event of any such resignation as Swing Line Lender, the Borrower shall be entitled to appoint from among the Lenders a successor Swing Line Lender hereunder; provided, however, that no failure by the Borrower to appoint any such successor shall affect the resignation of JPM Barclays as Swing Line Lender, as the case may be. If JPM Barclays 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 Section 2.04(c). Upon the appointment of a successor Swing Line Lender, such successor shall succeed to and become vested with all of the rights, powers, privileges and duties of the retiring Swing Line Lender, as the case may be.
Appears in 1 contract
Samples: Credit Agreement (Public Service Co of New Hampshire)
Resignation as Swing Line Lender after Assignment. Notwithstanding anything to the contrary contained herein, if at any time JPM Bank of America assigns all of its Revolving Credit Commitment and Revolving Credit Loans pursuant to Section 10.06(b)15.2, JPM Bank of America may, subject to the remainder of this paragraph, (i) upon thirty (30) days’ notice to the Borrower and the Lenders, resign as Swing Line Lender. In the event of any such resignation as Swing Line Lender, the Borrower shall be entitled to appoint from among the Lenders a Swing Line Lender hereunder, subject to consent of such Lender; provided, however, that no failure by the Borrower to appoint any such successor shall affect the resignation of JPM Bank of America as Swing Line Lender, as the case may be. If JPM 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 Section 2.04(c2.10(c). Upon the appointment of a successor Swing Line Lender, such successor shall succeed to and become vested with all of the rights, powers, privileges and duties of the retiring Swing Line Lender, as the case may be.
Appears in 1 contract
Resignation as Swing Line Lender after Assignment. Notwithstanding anything to the contrary contained herein, if at any time JPM Xxxxx Fargo assigns all of its Revolving Credit Commitment Commitments and Revolving Credit Loans pursuant to Section 10.06(b)subsection (b) above, JPM Xxxxx Fargo may, subject to the remainder of this paragraph, upon thirty (30) 30 days’ notice to the Borrower WBA and the Lenders, resign as Swing Line Lender. In the event of any such resignation as a Swing Line Lender, the Borrower WBA shall be entitled to appoint from among the Lenders a successor Swing Line Lender hereunder, subject to the consent of such Xxxxxx; provided, however, provided that no failure by the Borrower WBA to appoint any such successor shall affect the resignation of JPM Wells Fargo as Swing Line Lender. If JPM Wells Fargo 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 Section 2.04(c2.02(c). Upon the appointment and consent of a successor Swing Line Lender, such successor shall succeed to and become vested with all of the rights, powers, privileges and duties of the retiring Swing Line Lender.
Appears in 1 contract
Samples: Revolving Credit Agreement (Walgreens Boots Alliance, Inc.)
Resignation as Swing Line Lender after Assignment. Notwithstanding anything to the contrary contained herein, if at any time JPM a Lender acting as a Swing Line Lender assigns all of its Revolving Credit Commitment and Revolving Credit Loans pursuant to Section 10.06(b)subsection (b) above, JPM may, subject to the remainder of this paragraph, such Lender may upon thirty (30) days’ notice to the Borrower and the LendersBorrowers, resign as a Swing Line Lender. In the event of any such resignation as a Swing Line Lender, the Borrower Borrowers shall be entitled to appoint from among the Lenders a successor Swing Line Lender hereunder; provided, however, that no failure by the Borrower Borrowers to appoint any such successor shall affect the resignation of JPM such Xxxxxx as a Swing Line Lender. If JPM a Lender resigns as a Swing Line Lender, it shall retain all the rights of the a 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 Section 2.04(c). Upon the appointment of a successor Swing Line Lender, such successor shall succeed to and become vested with all of the rights, powers, privileges and duties of the retiring Swing Line Lender.
Appears in 1 contract
Resignation as Swing Line Lender after Assignment. Notwithstanding anything to the contrary contained herein, if at any time JPM Bank of America, N.A. assigns all of its Revolving Credit Commitment Commitments and Revolving Credit Loans pursuant to Section 10.06(b)subsection (b) above, JPM Bank of America, N.A. may, subject to the remainder of this paragraph, upon thirty (30) 30 days’ notice to the Borrower WBA and the Lenders, resign as Swing Line Lender. In the event of any such resignation as a Swing Line Lender, the Borrower WBA shall be entitled to appoint from among the Lenders a successor Swing Line Lender hereunder, subject to the consent of such Xxxxxx; provided, however, provided that no failure by the Borrower WBA to appoint any such successor shall affect the resignation of JPM Bank of America, N.A. as Swing Line Lender. If JPM Bank of America, N.A. resigns as Swing Line Lender, it shall retain all the rights of the Swing Line Lender Xxxxxx 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 Section 2.04(c2.02(c). Upon the appointment and consent of a successor Swing Line Lender, such successor shall succeed to and become vested with all of the rights, powers, privileges and duties of the retiring Swing Line Lender.
Appears in 1 contract
Samples: Revolving Credit Agreement (Walgreens Boots Alliance, Inc.)
Resignation as Swing Line Lender after Assignment. Notwithstanding anything to the contrary contained herein, if at any time JPM HSBC Continental Europe assigns all of its Revolving Credit Commitment and Revolving Credit Loans pursuant to Section 10.06(b)subsection (b) above, JPM HSBC Continental Europe may, subject to the remainder of this paragraph, (i) upon thirty (30) 30 days’ notice to the Borrower Agent and the Lenders, resign as Swing Line Lender. In the event of any such resignation as Swing Line Lender, the Borrower Borrowers shall be entitled to appoint from among the Lenders a successor Swing Line Lender hereunder; provided, however, that no failure by the a Borrower to appoint any such successor shall affect the resignation of JPM HSBC Continental Europe as Swing Line Lender. If JPM HSBC Continental Europe 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 Section 2.04(c). Upon the appointment of a successor Swing Line Lender, such successor shall succeed to and become vested with all of the rights, powers, privileges and duties of the retiring Swing Line Lender.
Appears in 1 contract
Samples: Credit and Guaranty Agreement (James Hardie Industries PLC)
Resignation as Swing Line Lender after Assignment. Notwithstanding anything to the contrary contained herein, if at any time JPM Barclays Bank assigns all of its Revolving Credit Commitment and Revolving Credit Loans pursuant to Section 10.06(b)subsection (b) above, JPM Barclays Bank may, subject to the remainder of this paragraph, upon thirty (30) 30 days’ notice to the Borrower and the Lenders, resign as Swing Line Lender. In the event of any such resignation as Swing Line Lender, the Borrower shall be entitled to appoint from among the Lenders a successor Swing Line Lender hereunder; provided, however, that no failure by the Borrower to appoint any such successor shall affect the resignation of JPM Barclays Bank as as Swing Line Lender. If JPM Barclays Bank 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 Section 2.04(c2.03(c). Upon the appointment of a successor Swing Line Lender, such successor shall succeed to and become vested with all of the rights, powers, privileges and duties of the such retiring Swing Line Lender.
Appears in 1 contract
Samples: Revolving Credit Agreement (Thermo Fisher Scientific Inc.)
Resignation as Swing Line Lender after Assignment. Notwithstanding anything to the contrary contained herein, if at any time JPM Deutsche Bank assigns all of its Revolving Credit Commitment and Revolving Credit Loans pursuant to Section 10.06(b11.06(b), JPM Deutsche Bank may, subject to the remainder of this paragraph, upon thirty (30) 30 days’ notice to the Borrower and the LendersBorrower, resign as Swing Line Lender. In the event of any such resignation as Swing Line Lender, the Borrower shall be entitled to appoint appoint, from among the Lenders Lenders, a successor Swing Line Lender hereunder; provided, however, that no failure by the Borrower to appoint any such successor shall affect the resignation of JPM Deutsche Bank as Swing Line Lender, as the case may be. If JPM Deutsche Bank 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 Section 2.04(c2.03(c). Upon the appointment of a successor Swing Line Lender, such successor shall succeed to and become vested with all of the rights, powers, privileges and duties of the retiring Swing Line Lender, as the case may be.
Appears in 1 contract
Samples: Credit Agreement (Colfax CORP)
Resignation as Swing Line Lender after Assignment. Notwithstanding anything to the contrary contained herein, if at any time JPM a Lender acting as a Swing Line Lender assigns all of its Revolving Credit Commitment and Revolving Credit Loans pursuant to Section 10.06(b)subsection (b) above, JPM may, subject to the remainder of this paragraph, such Lender may upon thirty (30) days’ notice to the Borrower and the LendersBorrower, resign as a Swing Line Lender. In the event of any such resignation as a Swing Line Lender, the Borrower shall be entitled to appoint from among the Lenders a successor Swing Line Lender hereunder; provided, however, that no failure by the Borrower to appoint any such successor shall affect the resignation of JPM such Lender as a Swing Line Lender. If JPM a Lender resigns as a Swing Line Lender, it shall retain all the rights of the a 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 Section 2.04(c). Upon the appointment of a successor Swing Line Lender, such successor shall succeed to and become vested with all of the rights, powers, privileges and duties of the retiring Swing Line Lender.
Appears in 1 contract
Resignation as Swing Line Lender after Assignment. Notwithstanding anything to the contrary contained herein, if at any time JPM Bank of America assigns all of its Revolving Credit Commitment and Revolving Credit Loans pursuant to Section 10.06(b)subsection (b) above, JPM Bank of America may, subject to the remainder of this paragraph, upon thirty (30) 30 days’ notice to the Borrower and the LendersBorrower, resign as Swing Line Lender. In the event of any such resignation as Swing Line Lender, the Borrower shall be entitled to appoint from among the Lenders a successor Swing Line Lender hereunder; provided, however, that no failure by the Borrower to appoint any such successor shall affect the resignation of JPM Bank of America as Swing Line Lender, as the case may be. If JPM 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 Revolving Credit Loans or fund risk participations in outstanding Swing Line Loans pursuant to Section 2.04(c2.03(c). Upon the appointment of a successor Swing Line Lender, such successor shall succeed to and become vested with all of the rights, powers, privileges and duties of the retiring Swing Line Lender.
Appears in 1 contract
Resignation as Swing Line Lender after Assignment. Notwithstanding anything to the contrary contained herein, if at any time JPM State Street Bank assigns all of its Revolving Credit Commitment and Revolving Credit Loans pursuant to Section 10.06(b)subsection (b) above, JPM State Street Bank may, subject to the remainder of this paragraph, upon thirty (30) days’ ' notice to the Borrower and the LendersBorrower, resign as Swing Line Lender. In the event of any such resignation as Swing Line Lender, the Borrower shall be entitled to appoint from among the Lenders a successor Swing Line Lender hereunder; provided, however, that no failure by the Borrower to appoint any such successor shall affect the resignation of JPM State Street Bank as Swing Line Lender. If JPM State Street Bank 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 Section 2.04(c2.03(c). Upon the appointment of a successor Swing Line Lender, such successor shall succeed to and become vested with all of the rights, powers, privileges and duties of the retiring Swing Line Lender.
Appears in 1 contract
Resignation as Swing Line Lender after Assignment. Notwithstanding anything to the contrary contained herein, if at any time JPM Bank of America assigns all of its Revolving Credit Commitment and Revolving Credit Loans pursuant to Section 10.06(b)subsection (b) above, JPM Bank of America may, subject to the remainder of this paragraph, upon thirty (30) 30 days’ notice to the Borrower and the LendersBorrower, resign as Swing Line Lender. In the event of any such resignation as Swing Line Lender, the Borrower shall be entitled to appoint from among the Lenders a successor Swing Line Lender hereunder; provided, however, that no failure by the Borrower to appoint any such successor shall affect the resignation of JPM Bank of America as Swing Line Lender, as the case may be. If JPM 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 Committed Loans or fund risk participations in outstanding Swing Line Loans pursuant to Section 2.04(c2.03(c). Upon the appointment of a successor Swing Line Lender, such successor shall succeed to and become vested with all of the rights, powers, privileges and duties of the retiring Swing Line Lender, as the case may be.
Appears in 1 contract
Samples: Credit Agreement (Stratasys Ltd.)
Resignation as Swing Line Lender after Assignment. Notwithstanding anything to the contrary contained herein, if at any time JPM Wxxxx Fargo assigns all of its Revolving Credit Commitment and Revolving Credit Loans pursuant to Section 10.06(b)clause (b) above, JPM Wxxxx Fargo may, subject to the remainder of this paragraph, upon thirty (30) 30 days’ notice to the Borrower Administrative Agent, the Company and the Lenders, resign as Swing Line Lender. In the event of any such resignation as Swing Line Lender, the Borrower Company shall be entitled to appoint from among the Lenders a successor Swing Line Lender hereunder; provided, however, that no failure by the Borrower Company to appoint any such successor shall affect the resignation of JPM Wells Fargo as Swing Line Lender. If JPM Wxxxx Fargo 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 Section 2.04(c). Upon the appointment of a successor Swing Line Lender, such successor shall succeed to and become vested with all of the rights, powers, privileges and duties of the retiring Swing Line Lender.
Appears in 1 contract
Resignation as Swing Line Lender after Assignment. Notwithstanding anything to the contrary contained herein, if at any time JPM Bank of America assigns all of its Revolving Credit Commitment and Revolving Credit Loans pursuant to Section 10.06(b)subsection (b) above, JPM Bank of America may, subject to the remainder of this paragraph, (i) upon thirty (30) 30 days’ ' notice to the Borrower and the LendersBorrower, resign as Swing Line Lender. In the event of any such resignation as Swing Line Lender, the Borrower shall be entitled to appoint from among the Lenders a successor Swing Line Lender hereunder; provided, however, that no failure by the Borrower to appoint any such successor shall affect the resignation of JPM Bank of America as Swing Line Lender. If JPM 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 Section 2.04(c2.03(c). Upon the appointment of a successor Swing Line Lender, such successor shall succeed to and become vested with all of the rights, powers, privileges and duties of the retiring Swing Line Lender.
Appears in 1 contract
Samples: Credit Agreement (Fidelity National Financial, Inc.)
Resignation as Swing Line Lender after Assignment. Notwithstanding anything to the contrary contained herein, if at any time JPM Bank of America assigns all of its Revolving Credit Commitment and Revolving Credit Loans pursuant to Section 10.06(b)subsection (b) above, JPM Bank of America may, subject to the remainder of this paragraph, upon thirty (30) 30 days’ notice to the Borrower and the LendersBorrower, resign as Swing Line Lender. In the event of any such resignation as Swing Line Lender, the Borrower shall be entitled to appoint from among the Lenders a successor Swing Line Lender hereunder; provided, however, that no failure by the Borrower to appoint any such successor shall affect the resignation of JPM Bank of America as Swing Line Lender, as the case may be. If JPM 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 Committed Loans or fund risk participations in outstanding Swing Line Loans pursuant to Section 2.04(c2.02\3(c). Upon the appointment of a successor Swing Line Lender, such successor shall succeed to and become vested with all of the rights, powers, privileges and duties of the retiring Swing Line Lender.
Appears in 1 contract
Resignation as Swing Line Lender after Assignment. Notwithstanding anything to the contrary contained herein, if at any time JPM Bank of America assigns all of its Revolving Credit Commitment and Revolving Credit Loans pursuant to Section 10.06(b)subsection (b) above, JPM Bank of America may, subject to the remainder of this paragraph, upon thirty (30) days’ notice to the Borrower and the LendersBorrowers, resign as Swing Line Lender. In the event of any such resignation as Swing Line Lender, the Borrower Borrowers shall be entitled to appoint from among the Lenders a successor Swing Line Lender hereunder; provided, however, that no failure by the Borrower Borrowers to appoint any such successor shall affect the resignation of JPM Bank of America as Swing Line Lender, as the case may be. If JPM 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 Section 2.04(c). Upon the appointment of a successor Swing Line Lender, such successor shall succeed to and become vested with all of the rights, powers, privileges and duties of the retiring Swing Line Lender, as the case may be.
Appears in 1 contract
Samples: Credit Agreement (Public Service Co of New Hampshire)
Resignation as Swing Line Lender after Assignment. Notwithstanding anything to the contrary contained herein, if at any time JPM Bank of America assigns all of its Revolving Credit Commitment and Revolving Credit Loans pursuant to Section 10.06(b)subsection (b) above, JPM Bank of America may, subject to the remainder of this paragraph, upon thirty (30) 30 days’ notice to the Borrower and the LendersCompany, resign as Swing Line Lender. In the event of any such resignation as Swing Line Lender, the Borrower Company shall be entitled to appoint from among the Lenders a successor Swing Line Lender hereunder; provided, however, that (x) no failure by the Borrower Company to appoint any such successor shall affect the resignation of JPM Bank of America as Swing Line Lender, as the case may be and (y) no such appointment shall be effective without the consent of the appointed Swing Line Lender, as the case may be. If JPM 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 Committed Loans or fund risk participations in outstanding Swing Line Loans pursuant to Section 2.04(c). Upon the appointment of a successor Swing Line Lender, such successor shall succeed to and become vested with all of the rights, powers, privileges and duties of the retiring Swing Line Lender, as the case may be.
Appears in 1 contract
Resignation as Swing Line Lender after Assignment. Notwithstanding anything to the contrary contained herein, if at any time JPM any Swing Line Lender assigns all of its Revolving Credit Commitment and Revolving Credit Loans pursuant to Section 10.06(b)subsection (b) above, JPM such Swing Line Lender may, subject to the remainder of this paragraph, upon thirty (30) 30 days’ notice to the Borrower Company and the Lenders, resign as Swing Line Lender. In the event of any such resignation as Swing Line Lender, the Borrower Company shall be entitled to appoint from among the Lenders a successor Swing Line Lender hereunder; provided, however, that no failure by the Borrower Company to appoint any such successor shall affect the resignation of JPM the applicable Swing Line Lender as Swing Line Lender. If JPM any Swing Line Lender resigns as Swing Line Lender, it shall retain all the rights of the a 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 Eurocurrency Rate Loans or fund risk participations in outstanding Swing Line Loans pursuant to Section 2.04(c). Upon the appointment of a successor Swing Line Lender, such successor shall succeed to and become vested with all of the rights, powers, privileges and duties of the retiring Swing Line Lender.
Appears in 1 contract
Samples: Credit Agreement (Danaher Corp /De/)