Resignation of Agent; Appointment of Successor. Agent may resign as Agent by giving not less than 30 days' prior written notice to Xxxxxxx and Borrowers (provided, that no notice shall be required if an Event of Default exists). If Agent shall resign under this Agreement, then, (i) subject to the consent of Borrowers (which consent shall not be unreasonably withheld and which consent shall not be required during any period in which a Default or an Event of Default exists), Majority Lenders shall appoint from among the Lenders a successor agent for Lenders or (ii) if a successor agent shall not be so appointed and approved within the 30 day period following Agent's notice to Xxxxxxx and Borrowers of its resignation, then Agent shall appoint a successor agent (subject to the consent of Xxxxxxxxx as set forth in clause (i) above) who shall serve as Agent until such time as Majority Xxxxxxx appoint a successor agent. Upon its appointment, such successor agent shall succeed to the rights, powers and duties of Agent and the term "
Appears in 4 contracts
Samples: Loan and Security Agreement (Century Aluminum Co), Loan and Security Agreement (Century Aluminum Co), Loan and Security Agreement (Century Aluminum Co)
Resignation of Agent; Appointment of Successor. The Agent may resign as Agent by giving not less than 30 thirty (30) days' prior written notice to Xxxxxxx the Lenders and Borrowers (provided, that no notice shall be required if an Event of Default exists)Borrower. If the Agent shall resign under this Agreement, then, (i) subject to the consent of Borrowers the Borrower (which consent shall not be unreasonably withheld and which consent shall not be required during any period in which a Default or an Event of Default exists), the Majority Lenders shall appoint from among the Lenders a successor agent for the Lenders or (ii) if a successor agent shall not be so appointed and approved within the 30 thirty (30) day period following the Agent's notice to Xxxxxxx the Lenders and Borrowers the Borrower of its resignation, then the Agent shall appoint a successor agent (subject to the consent of Xxxxxxxxx as set forth in clause (i) above) who shall serve as Agent until such time as the Majority Xxxxxxx Lenders appoint a successor agent, subject to the Borrower's consent as set forth above. Upon its appointment, such successor agent shall succeed to the rights, powers and duties of the Agent and the term "
Appears in 4 contracts
Samples: And Security Agreement (Weirton Steel Corp), Loan and Security Agreement (Weirton Steel Corp), Loan and Security Agreement (Weirton Steel Corp)
Resignation of Agent; Appointment of Successor. Subject to the appointment of a successor Agent in the manner set forth below, and the acceptance of such appointment by such successor Agent, Agent may resign as Agent by giving not less than 30 thirty (30) days' prior written notice to Xxxxxxx Lenders and Borrowers (provided, that no notice shall be required if an Event of Default exists)Borrowers. If Agent shall resign under this Agreement, then, (i) subject to the consent of Borrowers (which consent shall not be unreasonably withheld and which consent shall not be required during any period in which a Default or an Event of Default exists), Majority Lenders shall appoint from among the Lenders a successor agent for Lenders or (ii) if a successor agent shall not be so appointed and approved within the 30 thirty (30) day period following Agent's notice to Xxxxxxx Lenders and Borrowers of its resignation, then Agent shall appoint a successor agent (subject to the consent of Xxxxxxxxx as set forth in clause (i) above) who shall serve as Agent until such time as Majority Xxxxxxx Lenders appoint a successor agent, subject to Borrowers' consent as set forth above. Upon its appointment, such successor agent shall succeed to the rights, powers and duties of Agent and the term "
Appears in 2 contracts
Samples: Loan and Security Agreement (Falcon Products Inc /De/), Loan and Security Agreement (Falcon Products Inc /De/)
Resignation of Agent; Appointment of Successor. Agent may resign as Agent by giving not less than 30 thirty (30) days' prior written notice to Xxxxxxx Lenders and Borrowers (provided, that no notice shall be required if an Event of Default exists)Borrowers. If Agent shall resign under this Agreement, then, (i) subject to the consent of Borrowers (which consent shall not be unreasonably withheld and which consent shall not be required during any period in which a Default or an Event of Default exists), Majority Lenders shall appoint from among the Lenders a successor agent for Lenders or (ii) if a successor agent shall not be so appointed and approved within the 30 thirty (30) day period following Agent's notice to Xxxxxxx Lenders and Borrowers of its resignation, then Agent shall appoint a successor agent (subject to the consent of Xxxxxxxxx as set forth in clause (i) above) who shall serve as Agent until such time as Majority Xxxxxxx Lenders appoint a successor agent, subject to Borrowers' consent as set forth above. Upon its appointment, such successor agent shall succeed to the rights, powers and duties of Agent and the term "
Appears in 2 contracts
Samples: Loan and Security Agreement (Kinetek Inc), Loan and Security Agreement (Kinetek Inc)
Resignation of Agent; Appointment of Successor. The Agent may resign as Agent by giving not less than 30 thirty (30) days' prior written notice to Xxxxxxx the Lenders and Borrowers (provided, that no notice shall be required if an Event of Default exists)Borrowers. If the Agent shall resign under this Agreement, then, (i) subject to the consent of the Borrowers (which consent shall not be unreasonably withheld and which consent shall not be required during any period in which a Default or an Event of Default exists), the Majority Lenders shall appoint from among the Lenders a successor agent for the Lenders or (ii) if a successor agent shall not be so appointed and approved within the 30 thirty (30) day period following the Agent's notice to Xxxxxxx the Lenders and the Borrowers of its resignation, then the Agent shall appoint a successor agent (subject to the consent of Xxxxxxxxx as set forth in clause (i) above) who shall serve as Agent until such time as the Majority Xxxxxxx Lenders appoint a successor agent, subject to the Borrowers' consent as set forth above. Upon its appointment, such successor agent shall succeed to the rights, powers and duties of the Agent and the term "
Appears in 1 contract
Samples: Loan and Security Agreement (Restoration Hardware Inc)
Resignation of Agent; Appointment of Successor. Agent may resign as Agent by giving not less than 30 thirty (30) days' prior written notice to Xxxxxxx Lenders and Borrowers (provided, that no notice shall be required if an Event of Default exists)Borrowers. If Agent shall resign under this Agreement, ,then, (i) subject to the consent of Borrowers (which consent shall not be unreasonably withheld and which consent shall not be required during any period in which a Default or an Event of Default exists), Majority Lenders shall appoint from among the Lenders a successor agent for Lenders or (ii) if a successor agent shall not be so appointed and approved within the 30 thirty (30) day period following Agent's notice to Xxxxxxx Lenders and Borrowers of its resignation, then Agent shall appoint a successor agent (subject to from among the consent of Xxxxxxxxx as set forth in clause (i) above) Lenders who shall serve as Agent until such time as Majority Xxxxxxx Lenders appoint a successor agent, subject to Borrowers' consent as set forth above. Upon its appointment, such successor agent shall succeed to the rights, powers and duties of Agent and the term "
Appears in 1 contract
Samples: Loan and Security Agreement (D & K Healthcare Resources Inc)
Resignation of Agent; Appointment of Successor. Agent may resign as Agent by giving not less than 30 thirty (30) days' prior written notice to Xxxxxxx Lenders and Borrowers (provided, that no notice shall be required if an Event of Default exists)Borrowers. If Agent shall resign under this Agreement, then, (i) subject to the consent of Borrowers (which consent shall not be unreasonably withheld and which consent shall not be required during any period in which a Default or an Event of Default exists), Majority Lenders shall appoint from among the Lenders a successor agent for Lenders or (ii) if a successor agent shall not be so appointed and approved within the 30 thirty (30) day period following Agent's notice to Xxxxxxx Lenders and Borrowers of its resignation, then Agent shall appoint a successor agent (subject to from among the consent of Xxxxxxxxx as set forth in clause (i) above) Lenders who shall serve as Agent until such time as Majority Xxxxxxx Lenders appoint a successor agent, subject to Borrowers' consent as set forth above. Upon its appointment, such successor agent shall succeed to the rights, powers and duties of Agent and the term "
Appears in 1 contract
Samples: Loan and Security Agreement (D & K Healthcare Resources Inc)
Resignation of Agent; Appointment of Successor. (a) Subject to the appointment of a successor Agent in the manner set forth below, and the acceptance of such appointment by such successor Agent, Agent may resign as Agent by giving not less than 30 thirty (30) days' prior written notice to Xxxxxxx Lenders and Borrowers (provided, that no notice shall be required if an Event of Default exists)Borrowers. If Agent shall resign under this Agreement, then, (i) subject to the consent of Borrowers (which consent shall not be unreasonably withheld and which consent shall not be required during any period in which a Default or an Event of Default exists), Majority Lenders shall appoint from among the Lenders a successor agent for Lenders or (ii) if a successor agent shall not be so appointed and approved within the 30 thirty (30) day period following Agent's notice to Xxxxxxx Lenders and Borrowers of its resignation, then Agent shall appoint a successor agent (subject to the consent of Xxxxxxxxx as set forth in clause (i) above) who shall serve as Agent until such time as Majority Xxxxxxx Lenders appoint a successor agent. Upon its appointment, such successor agent shall succeed subject to the rights, powers and duties of Agent and the term "Borrowers' consent as set forth above.
Appears in 1 contract
Samples: Loan and Security Agreement (Falcon Products Inc /De/)
Resignation of Agent; Appointment of Successor. Agent may resign as Agent by giving not less than 30 days' prior written notice to Xxxxxxx Lenders and Borrowers (provided, that no notice shall be required if an Event of Default exists). If Agent shall resign under this Agreement, then, (i) subject to the consent of Borrowers (which consent shall not be unreasonably withheld and which consent shall not be required during any period in which a Default or an Event of Default exists), Majority Lenders shall appoint from among the Lenders a successor agent for Lenders or (ii) if a successor agent shall not be so appointed and approved within the 30 day period following Agent's notice to Xxxxxxx Lenders and Borrowers of its resignation, then Agent shall appoint a successor agent (subject to the consent of Xxxxxxxxx Borrowers as set forth in clause (i) above) who shall serve as Agent until such time as Majority Xxxxxxx Lenders appoint a successor agent. Upon its appointment, such successor agent shall succeed to the rights, powers and duties of Agent and the term "
Appears in 1 contract
Resignation of Agent; Appointment of Successor. Each Agent may resign as Administrative Agent or Collateral Agent by giving not less than 30 thirty (30) days' ’ prior written notice to Xxxxxxx Lxxxxxx and Borrowers (provided, that no notice shall be required if an Event of Default exists)the Loan Parties. If Administrative Agent shall resign under this Agreement, then, (i) subject to the consent of Borrowers the Loan Parties (which consent shall not be unreasonably withheld and which consent shall not be required during any period in which a Default or an Event of Default exists), Majority Lenders shall appoint from among the Lenders Lxxxxxx a successor agent Administrative Agent for Lenders or (ii) if a successor agent Administrative Agent shall not be so appointed and approved within the 30 thirty (30) day period following Administrative Agent's ’s notice to Xxxxxxx Lxxxxxx and Borrowers the Loan Parties of its resignation, then Administrative Agent shall appoint a successor agent (subject to the consent of Xxxxxxxxx as set forth in clause (i) above) who shall serve as Administrative Agent until such time as Majority Xxxxxxx Lenders appoint a successor agent, subject to the Loan Parties’ consent as set forth above. Upon its appointment, such successor agent shall succeed to the rights, powers and duties of Administrative Agent and the term "“
Appears in 1 contract
Samples: Loan, Security and Guaranty Agreement (Quest Resource Holding Corp)