Common use of Resignation by the Agent Clause in Contracts

Resignation by the Agent. (a) The Agent may resign from the performance of all its functions and duties hereunder and/or under the other Transaction Documents at any time by giving 15 Business Days' prior written notice to the Borrower and the Banks. Such resignation shall take effect upon the appointment of a successor Agent pursuant to clauses (b) and (c) below or as otherwise provided below. (b) Upon any such notice of resignation, the Banks shall appoint a successor Agent hereunder or thereunder who shall be a commercial bank or trust company reasonably acceptable to the Borrower. (c) If a successor Agent shall not have been so appointed within such 15 Business Day period, the Agent, with the consent of the Borrower, may then appoint a successor Agent who shall serve as Agent hereunder or thereunder until such time, if any, as the Banks appoint a successor Agent as provided above. (d) If no successor Agent has been appointed pursuant to clause (b) or (c) above by the twentieth Business Day after the date such notice of resignation was given by the Agent, the Agent's resignation shall become effective and the Banks shall thereafter perform all the duties of the Agent hereunder and/or under any other Transaction Document until such time, if any, as the Banks appoint a successor Agent as provided above.

Appears in 2 contracts

Samples: Credit Agreement (Wireless Facilities Inc), Credit Agreement (Wireless Facilities Inc)

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Resignation by the Agent. (a) The Agent may resign from the performance of all its functions and duties hereunder and/or under the other Transaction Documents at any time by giving 15 Business Days' prior written notice to the Borrower Company and the BanksPurchasers. Such The resignation shall take effect upon the appointment of a successor Agent pursuant to clauses subsections (b) and (c) below or as otherwise provided below. (b) Upon any such notice of resignation, the Banks Control Party shall appoint a successor Agent hereunder or thereunder who shall be a commercial bank or trust company reasonably acceptable to the BorrowerCompany (it being understood and agreed that any Purchaser is deemed to be acceptable to the Company). (c) If a successor Agent shall not have been so appointed within such 15 Business Day period30 days after the delivery of the notice referred to in subsection (a), the Agent, with the consent of the BorrowerCompany, may shall then appoint a successor Agent who shall serve as Agent hereunder or thereunder until such the time, if any, as that the Banks appoint Control Party appoints a successor Agent as provided above. (d) If no successor Agent has been appointed pursuant to clause subsection (b) or (c) above by the twentieth Business Day 60th day after the date such notice of resignation was given by the Agent, the Agent's resignation shall become effective and the Banks Purchasers shall thereafter perform all the duties of the Agent hereunder and/or under any other Transaction Document this Agreement and the Supplement until such the time, if any, as that the Banks Purchasers appoint a successor Agent as provided above.

Appears in 2 contracts

Samples: Certificate Purchase Agreement (Specialty Foods Acquisition Corp), Certificate Purchase Agreement (Specialty Foods Corp)

Resignation by the Agent. (a) The Agent may resign from the ------------------------ performance of all its functions and duties hereunder and/or under the other Transaction Credit Documents at any time by giving 15 Business Days' prior written notice to the Borrower Borrowers and the Banks. Such resignation shall take effect upon the appointment of a successor Agent pursuant to clauses (b) and (c) below or as otherwise provided below. (b) Upon any such notice of resignation, the Banks shall appoint a successor Agent hereunder or thereunder who shall be a commercial bank or trust company reasonably acceptable to the BorrowerBorrowers (it being understood and agreed that any Bank is deemed to be acceptable to the Borrowers). (c) If a successor Agent shall not have been so appointed within such 15 Business Day period, the Agent, with the consent of the BorrowerBorrowers, may shall then appoint a successor Agent who shall serve as Agent hereunder or thereunder until such time, if any, as the Banks appoint a successor Agent as provided above.there- (d) If no successor Agent has been appointed pursuant to clause (b) or (c) above by the twentieth 20th Business Day after the date such notice of resignation was given by the Agent, the Agent's resignation shall become effective and the Banks shall thereafter perform all the duties of the Agent hereunder and/or under any other Transaction Credit Document until such time, if any, as the Banks appoint a successor Agent as provided above.

Appears in 1 contract

Samples: Credit Agreement (Alco Standard Corp)

Resignation by the Agent. (a) The Agent may resign from ------------------------ the performance of all its functions and duties hereunder and/or under the other Transaction Loan Documents at any time by giving 15 Business Days' prior written notice to the Borrower and the BanksLenders. Such resignation shall take effect upon the appointment of a successor Agent pursuant to clauses (b) and (c) below or as otherwise provided below. (b) Upon any such notice of resignation, the Banks Lenders shall appoint a successor Agent hereunder or thereunder who shall be a commercial bank or trust company reasonably acceptable to the Borrower. (c) If a successor Agent shall not have been so appointed within such 15 Business Day period, the Agent, with the consent of the Borrower, may shall then appoint a successor Agent who shall serve as Agent hereunder or thereunder until such time, if any, as the Banks Lenders appoint a successor Agent as provided above. (d) If no successor Agent has been appointed pursuant to clause (b) or (c) above by the twentieth 20th Business Day after the date such notice of resignation was given by the Agent, the Agent's resignation shall become effective and the Banks Required Lenders shall thereafter perform all the duties of the Agent hereunder and/or under any other Transaction Loan Document until such time, if any, as the Banks Lenders appoint a successor Agent as provided above.

Appears in 1 contract

Samples: Credit Agreement (HCC Industries International)

Resignation by the Agent. (ai) The Agent may resign from the performance of all its functions and duties hereunder and/or under the other Transaction Operative Documents at any time by giving 15 Business Days' prior written notice to the Borrower Company and the Banks. Such resignation shall take effect upon the appointment of a successor Agent pursuant to clauses (bii) and (ciii) below or as otherwise provided below. (bii) Upon any such notice of resignation, the Required Banks shall appoint a successor Agent hereunder or thereunder who which shall be a commercial bank or trust company reasonably acceptable to the BorrowerCompany. (ciii) If a successor Agent shall not have been so appointed within such 15 Business Day period, the Agent, with the consent of the Borrower, Agent may then appoint a successor Agent who shall serve as Agent hereunder or thereunder until such time, if any, as the Required Banks appoint a successor Agent as provided above. (div) If no successor Agent has been appointed pursuant to clause (bii) or (ciii) above by the twentieth 20th Business Day after the date such notice of resignation was given by the Agent, the Agent's resignation shall become effective and the Banks shall thereafter perform all the duties of the Agent hereunder and/or under any other Transaction Operative Document until such time, if any, as the Required Banks appoint a successor Agent as provided above.

Appears in 1 contract

Samples: Reimbursement Agreement (Central Louisiana Electric Co Inc)

Resignation by the Agent. (a) The Agent may resign from the ------------------------ performance of all its functions and duties hereunder and/or under the other Transaction Credit Documents at any time by giving 15 Business Days' prior written notice to the Borrower and the Banks. Such resignation shall take effect upon the appointment of a successor Agent pursuant to clauses (b) and (c) below or as otherwise provided below. (b) Upon any such notice of resignation, the Required Banks shall appoint a successor Agent hereunder or thereunder who shall be a commercial bank or trust company reasonably acceptable to the Borrower. (c) If a successor Agent shall not have been so appointed within such 15 Business Day period, the Agent, with the consent of the Borrower, may shall then appoint a successor Agent who shall serve as Agent hereunder or thereunder until such time, if any, as the Banks appoint a successor Agent as provided above. (d) If no successor Agent has been appointed pursuant to clause (b) or (c) above by the twentieth 30th Business Day after the date such notice of resignation was given by the Agent, the Agent's resignation shall become effective and the Banks shall thereafter perform all the duties of the Agent hereunder and/or under any other Transaction Credit Document until such time, if any, as the Banks appoint a successor Agent as provided above.

Appears in 1 contract

Samples: Credit Agreement (Physician Health Corp)

Resignation by the Agent. (a) The Agent may resign from the performance of all its functions and duties hereunder and/or under the other Transaction Credit Documents at any time by giving 15 Business Days' prior written notice to the Borrower and the Banks. Such resignation shall take effect upon the appointment of a successor Agent pursuant to clauses (b) and (c) below or as otherwise provided below. (b) Upon any such notice of resignation, the Required Banks shall appoint a successor Agent hereunder or thereunder who shall be a commercial bank or trust company reasonably acceptable to the Borrower. (c) If a successor Agent shall not have been so appointed within such 15 Business Day period, the Agent, with the consent of the Borrower, may shall then appoint a successor Agent who shall serve as Agent hereunder or thereunder until such time, if any, as the Banks appoint a successor Agent as provided above. (d) If no successor Agent has been appointed pursuant to clause (b) or (c) above by the twentieth 30th Business Day after the date such notice of resignation was given by the Agent, the Agent's resignation shall become effective and the Banks shall thereafter perform all the duties of the Agent hereunder and/or under any other Transaction Credit Document until such time, if any, as the Banks appoint a successor Agent as provided above.

Appears in 1 contract

Samples: Credit Agreement (Thane International Inc)

Resignation by the Agent. (a) The Agent may resign from the performance of all its functions and duties hereunder and/or under the other Transaction Documents Assignment at any time by giving 15 Business Days' prior written notice to the Borrower Company and the Banks. Such resignation shall take effect upon the appointment of a successor Agent pursuant to clauses (b) and (c) below or as otherwise provided below. (b) Upon any such notice of resignation, the Banks shall appoint a successor Agent hereunder or thereunder who shall be a commercial reasonably satisfactory to the Company and shall be an incorporated bank or trust company reasonably acceptable to the Borrowercompany. (c) If a successor Agent shall not have been so appointed within such said 15 Business Day period, the Agent, with the consent of the BorrowerCompany, may shall then appoint a successor Agent who shall serve as Agent hereunder or thereunder until such time, if any, as the Banks appoint a successor Agent as provided above. (d) If no successor Agent has been appointed pursuant to clause (b) or (c) above by the twentieth 20th Business Day after the date such notice of resignation was given by the Agent, the Agent's resignation shall become effective and the Banks shall thereafter perform all the duties of the Agent hereunder and/or under any other Transaction Document until such time, if any, as the Banks appoint a successor Agent as provided above.

Appears in 1 contract

Samples: Revolving Credit Agreement (Amcast Industrial Corp)

Resignation by the Agent. (a) The Agent may resign from the performance of all its functions and duties hereunder and/or under the other Transaction Credit Documents at any time by giving 15 Business Days' prior written notice to the Borrower Company and the Banks. Such resignation shall take effect upon the appointment of a successor Agent pursuant to clauses (b) and (c) below or as otherwise provided below. (b) Upon any such notice of resignationresignation of the Agent, the Banks shall appoint a successor Agent hereunder or thereunder who shall be a commercial bank or trust company reasonably acceptable to the BorrowerCompany (it being understood and agreed that any Bank is deemed to be acceptable to the Company). (c) If a successor Agent shall not have been so appointed within such 15 Business Day period, the Agent, with the consent of the BorrowerCompany, may shall then appoint a successor Agent who shall serve as the Agent hereunder or thereunder until such time, if any, as the Banks appoint a successor Agent as provided above. (d) If no successor Agent has been appointed pursuant to clause (b) or (c) above by the twentieth 20th Business Day after the date such notice of resignation was given by the Agent, the Agent's resignation shall become effective and the Banks shall thereafter perform all the duties of the Agent hereunder and/or under any other Transaction Credit Document until such time, if any, as the Banks appoint a successor Agent as provided above.

Appears in 1 contract

Samples: Credit Agreement (American Italian Pasta Co)

Resignation by the Agent. (a) The Agent may resign from the performance of all its functions and duties hereunder and/or and under the other Transaction Loan Documents at any time by giving 15 Business Days' prior written notice to the Borrower and the Banks. Such resignation shall take effect upon the appointment of a successor Agent pursuant to clauses (b) and (c) below or as otherwise provided below. (b) Upon any such notice of resignation, the Majority Banks shall have the right to appoint a successor Agent hereunder or thereunder who which shall be a commercial bank or trust company reasonably acceptable to the Borrower. (c) If a successor to a resigning Agent shall not have been so appointed within such 15 Business Day period, the Agent, with resigning Agent shall have the consent of the Borrower, may right to then appoint a successor Agent reasonably acceptable to the Borrower who shall serve as Agent hereunder or thereunder until such time, if any, as the Majority Banks appoint a successor Agent as provided above. (d) If no successor Agent has been appointed pursuant to clause (b) or (c) above and shall have accepted such appointment by the twentieth 20th Business Day after the date such notice of resignation was given by the resigning Agent, the resigning Agent's resignation shall become effective and the Banks shall thereafter perform all the duties of the resigning Agent hereunder and/or and under any other Transaction Loan Document until such time, if any, as the Majority Banks appoint a successor Agent as provided above.

Appears in 1 contract

Samples: Revolving Credit Agreement (Enron Capital & Trade Resources Corp)

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Resignation by the Agent. (a) The Agent may resign from ------------------------ the performance of all of its functions and duties hereunder and/or under the other Transaction Loan Documents at any time by giving 15 Business Days' prior written notice to the Borrower and the Banks. Such resignation shall take effect upon the appointment of a successor Agent pursuant to clauses (b) and (c) below or as otherwise provided below. (b) Upon any such notice of resignation, the Banks shall appoint a successor Agent hereunder or thereunder who shall be a commercial bank or trust company reasonably acceptable to the Borrower. (c) If a successor Agent shall not have been so appointed within such 15 Business Day period, the Agent, with the consent of the Borrower, may then appoint a successor Agent who shall serve as Agent hereunder or thereunder until such time, if any, as the Banks appoint a successor Agent as provided above. (d) If no successor Agent has been appointed pursuant to clause (b) or (c) above by the twentieth 20th Business Day after the date such notice of resignation was given by the Agent, the Agent's resignation shall become effective and the Banks shall thereafter perform all the duties of the Agent hereunder and/or under any other Transaction Loan Document until such time, if any, as the Banks appoint a successor Agent as provided above.

Appears in 1 contract

Samples: Credit Agreement (Synbiotics Corp)

Resignation by the Agent. (a) The Agent may resign from the performance of all its functions and duties hereunder and/or under the other Transaction Credit Documents at any time by giving 15 Business Days' Days prior written notice to the Borrower and the BanksRequired Lenders. Such resignation shall take effect upon the appointment of a successor to the Agent pursuant to clauses (b) and (c) below or as otherwise provided below. (b) Upon any such notice of resignation, the Banks Lenders shall appoint a successor to the Agent hereunder or thereunder who shall be a commercial bank or trust company reasonably acceptable to the Borrower. (c) If a successor Agent shall not have been so appointed within such 15 Business Day period, the Agent, with the consent of the Borrower, may then appoint a successor Agent who shall serve as Agent hereunder or thereunder until such time, if any, as the Banks appoint a successor Agent as provided above. (d) If no successor to the Agent has been appointed pursuant to clause (b) or (c) above by the twentieth 20th Business Day after the date such notice of resignation was given by the Agent, the Agent's resignation shall become effective and the Banks Lenders shall thereafter perform all the duties of the Agent hereunder and/or under any other Transaction Credit Document until such time, if any, as the Banks Lenders appoint a successor to the Agent as provided above. (d) Any resignation of the Agent pursuant to Section 10.09(a) shall also constitute the resignation of Bankers Trust Company or its successor as Issuing Bank, and any successor Agent appointed pursuant to Section 10.09(b) shall, upon its acceptance of such appointment, become the successor Issuing Bank.

Appears in 1 contract

Samples: Credit Agreement (American Homepatient Inc)

Resignation by the Agent. (a) The Agent may resign from the ------------------------ performance of all its functions and duties hereunder and/or under the other Transaction Documents at any time by giving 15 Business Days' prior written notice to the Borrower Company and the Banks. Such resignation shall take effect upon the appointment of a successor Agent pursuant to clauses (b) and (c) below or as otherwise provided below. (b) Upon any such notice of resignation, the Required Banks shall appoint a successor Agent hereunder or thereunder who shall be a commercial reasonably satisfactory to the Company and shall be an incorporated bank or trust company reasonably acceptable to the Borrowercompany. (c) If a successor Agent shall not have been so appointed within such said 15 Business Day period, the Agent, with the consent of the Borrower, Agent may then appoint a successor Agent who shall serve as Agent hereunder or thereunder until such time, if any, as the Required Banks appoint a successor Agent as provided above. (d) If no successor Agent has been appointed pursuant to clause (b) or (c) above by the twentieth 20th Business Day after the date such notice of resignation was given by the Agent, the Agent's resignation shall become effective and the Banks shall thereafter perform all the duties of the Agent hereunder and/or under any other Transaction Document until such time, if any, as the Required Banks appoint a successor Agent as provided above.

Appears in 1 contract

Samples: Revolving Credit Agreement (Sunoco Logistics Partners Lp)

Resignation by the Agent. (a) The Agent may resign from the performance of all its functions and duties hereunder and/or under the other Transaction Credit Documents at any time by giving 15 Business Days' prior written notice to the Borrower and the Banks. Such resignation shall take effect upon the appointment of a successor Agent pursuant to clauses (b) and (c) below or as otherwise provided below. (b) Upon any such notice of resignation, the Banks shall appoint a successor Agent hereunder or thereunder who shall be a commercial bank or trust company reasonably acceptable to the Borrower. (c) If a successor Agent shall not have been so appointed within such 15 Business Day period, the Agent, with the consent of the Borrower, may shall then appoint a successor Agent who shall serve as Agent hereunder or thereunder until such time, if any, as the Banks appoint a successor Agent as provided above. (d) If no successor Agent has been appointed pursuant to clause (b) or (c) above by the twentieth 20th Business Day after the date such notice of resignation was given by the Agent, the Agent's resignation shall become effective and the Required Banks shall thereafter perform all the duties of the Agent hereunder and/or under any other Transaction Credit Document until such time, if any, as the Banks appoint a successor Agent as provided above.

Appears in 1 contract

Samples: Credit Agreement (Hosiery Corp of America Inc)

Resignation by the Agent. (a) The Agent may resign from the performance of all its functions and duties hereunder and/or under the other Transaction Documents Agreements at any time by giving 15 Business Days' prior written notice to the Borrower and the BanksLenders. Such resignation shall take effect upon the appointment of a successor Agent pursuant to clauses (b) and (c) below or as otherwise provided below. (b) Upon any such notice of resignation, the Banks Lenders shall appoint a successor Agent hereunder or thereunder who shall be a commercial bank or trust company reasonably acceptable to the Borrower. (c) If a successor Agent shall not have been so appointed within such 15 Business Day period, the Agent, with the consent of the Borrower, may then appoint a successor Agent who shall serve as Agent hereunder or thereunder until such time, if any, as the Banks Lenders appoint a successor Agent as provided above. (d) If no successor Agent has been appointed pursuant to clause (b) or (c) above by the twentieth 20th Business Day after the date such notice of resignation was given by the Agent, the Agent's resignation shall become effective and the Banks Lenders shall thereafter perform all the duties of the Agent hereunder and/or under any other Transaction Document Agreement until such time, if any, as the Banks Lenders appoint a successor Agent as provided above.

Appears in 1 contract

Samples: Rig Finance Agreement (Chiles Offshore Inc/New/)

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