Common use of Resignation of Swing Line Lender Clause in Contracts

Resignation of Swing Line Lender. The Swing Line Lender may resign as Swing Line Lender upon thirty days prior written notice to the Administrative Agent, Lenders and the Borrower Representative. Upon any such notice of resignation, the Required Lenders shall have the right, upon five Business Days’ notice to the Borrower Representative, to appoint a successor Swing Line Lender with the consent of the Borrowers; provided, (x) no such consent of the Borrowers shall be required while an Event of Default exists and (y) such consent shall not be unreasonably withheld, delayed or conditioned, and shall be deemed to have been given unless the Borrowers shall have objected to such appointment by written notice to the Administrative Agent within five (5) Business Days after having received notice thereof; provided, failing such appointment, the retiring Swing Line Lender may appoint, on behalf of the Lenders, a successor Swing Line Lender from among the Lenders or any other financial institution. Whether or not a successor has been appointed, such resignation shall become effective in accordance with such notice on the thirtieth day following such written notice. At the time any such resignation shall become effective, (i) the Borrowers shall prepay any outstanding Swing Line Loans made by the resigning Swing Line Lender, (ii) upon such prepayment, the resigning Swing Line Lender shall surrender any Swing Line Note held by it to the Borrowers for cancellation, and (iii) the Borrowers shall issue, if so requested by the successor Swing Line Lender, a new Swing Line Note to the successor Swing Line Lender, in the principal amount of the Swing Line Sub-limit then in effect and with other appropriate insertions. From and after the effective date of any such resignation, (A) any successor Swing Line Lender shall have all the rights and obligations of the Swing Line Lender under this Agreement with respect to Swing Line Loans made thereafter and (B) references herein to the term “Swing Line Lender” shall be deemed to refer to such successor or to any previous Swing Line Lender, or to such successor and all previous Swing Line Lender, as the context shall require.

Resignation of Swing Line Lender. The Subject to the appointment and acceptance of a successor Swing Line Lender reasonably acceptable to the Borrower (which appointment and acceptance of a successor Swing Line Lender, however, shall not be required in connection with the resignation of the Administrative Agent pursuant to Section 8.06), the Swing Line Lender may resign as Swing Line Lender upon at any time by giving thirty days prior (30) days’ written notice to the Administrative Agent, the Lenders and the Borrower. The Borrower Representative. Upon any such notice may terminate the appointment of resignation, the Required Lenders shall have the right, upon five Business Days’ notice to the Borrower Representative, to appoint a successor Swing Line Lender with the consent of the Borrowers; provided, (x) no such consent of the Borrowers shall be required while an Event of Default exists and (y) such consent shall not be unreasonably withheld, delayed or conditioned, and shall be deemed to have been given unless the Borrowers shall have objected to such appointment hereunder by providing a written notice thereof to the Swing Line Lender, with a copy to the Administrative Agent within five (5) Business Days after having received notice thereof; provided, failing Agent. Any such appointment, the retiring Swing Line Lender may appoint, on behalf of the Lenders, a successor Swing Line Lender from among the Lenders or any other financial institution. Whether or not a successor has been appointed, such resignation termination shall become effective in accordance with upon the earlier of (i) the Swing Line Lender’s acknowledging receipt of such notice on and (ii) the thirtieth day fifth (5th) Business Day following the date of the delivery thereof; provided that no such written noticetermination shall become effective until and unless the principal amount of all Swing Loans shall have been reduced to zero. At the time any such resignation or termination shall become effective, (i) the Borrowers Borrower shall prepay any outstanding Swing Line Loans made by pay all unpaid interest and fees accrued for the account of the resigning or terminated Swing Line Lender, (ii) upon . Notwithstanding the effectiveness of any such prepaymentresignation or termination, the resigning or terminated Swing Line Lender shall surrender any Swing Line Note held by it remain a party hereto and shall continue to the Borrowers for cancellation, and (iii) the Borrowers shall issue, if so requested by the successor Swing Line Lender, a new Swing Line Note to the successor Swing Line Lender, in the principal amount of the Swing Line Sub-limit then in effect and with other appropriate insertions. From and after the effective date of any such resignation, (A) any successor Swing Line Lender shall have all the rights and obligations of the a Swing Line Lender under this Agreement and the other Loan Documents with respect to Swing Line Loans made thereafter and (B) references herein to the term “Swing Line Lender” shall be deemed to refer by it prior to such successor resignation or termination, including the right to require the Lenders to make Loans or fund risk participations in outstanding Swing Loans, but shall not make any previous additional Swing Line Lender, or to such successor and all previous Swing Line Lender, as the context shall requireLoans.

Resignation of Swing Line Lender. The Subject to the appointment and acceptance of a successor Swing Line Lender reasonably acceptable to the Borrower (which appointment and acceptance of a successor Swing Line Lender shall not be required in connection with the resignation of the Administrative Agent pursuant to Section 8.06), the Swing Line Lender may resign as Swing Line Lender upon at any time by giving thirty days prior (30) days’ written notice to the Administrative Agent, the Lenders and the Borrower. The Borrower Representative. Upon any such notice may terminate the appointment of resignation, the Required Lenders shall have the right, upon five Business Days’ notice to the Borrower Representative, to appoint a successor Swing Line Lender with the consent of the Borrowers; provided, (x) no such consent of the Borrowers shall be required while an Event of Default exists and (y) such consent shall not be unreasonably withheld, delayed or conditioned, and shall be deemed to have been given unless the Borrowers shall have objected to such appointment hereunder by providing a written notice thereof to the Swing Line Lender, with a copy to the Administrative Agent within five (5) Business Days after having received notice thereof; provided, failing Agent. Any such appointment, the retiring Swing Line Lender may appoint, on behalf of the Lenders, a successor Swing Line Lender from among the Lenders or any other financial institution. Whether or not a successor has been appointed, such resignation termination shall become effective in accordance with upon the earlier of (i) the Swing Line Lender’s acknowledging receipt of such notice on and (ii) the thirtieth day fifth Business Day following the date of the delivery thereof; provided that no such written noticetermination shall become effective until and unless the principal amount of all Swing Loans shall have been reduced to zero. At the time any such resignation or termination shall become effective, (i) the Borrowers Borrower shall prepay any outstanding Swing Line Loans made by pay all unpaid fees accrued for the account of the resigning or terminated Swing Line Lender, (ii) upon . Notwithstanding the effectiveness of any such prepaymentresignation or termination, the resigning or terminated the Swing Line Lender shall surrender any Swing Line Note held by it remain a party hereto and shall continue to the Borrowers for cancellation, and (iii) the Borrowers shall issue, if so requested by the successor Swing Line Lender, a new Swing Line Note to the successor Swing Line Lender, in the principal amount of the Swing Line Sub-limit then in effect and with other appropriate insertions. From and after the effective date of any such resignation, (A) any successor Swing Line Lender shall have all the rights and obligations of the an Swing Line Lender under this Agreement and the other Loan Documents with respect to Swing Line Loans made thereafter and (B) references herein to the term “Swing Line Lender” shall be deemed to refer by it prior to such successor resignation or termination, including the right to require the Lenders to make Loans or fund risk participations in outstanding Swing Loans, but shall not make any previous additional Swing Line Lender, or to such successor and all previous Swing Line Lender, as the context shall require.Loans. Section 2.05

Resignation of Swing Line Lender. The Swing Line Lender may resign as Swing Line Lender upon thirty days prior written at any time give notice of its resignation to Xxxxxxx, the Administrative Agent, Lenders Agent and the Borrower RepresentativeBorrower. Upon receipt of any such notice of resignation, the Required Lenders shall have the right, upon five Business Days’ notice to with approval from the Borrower Representative, (so long as no Event of Default has occurred and is continuing) to appoint a successor Swing Line Lender with the consent of the Borrowers; providedLender, (x) such approval not to be unreasonable withheld or delayed. If no such consent of successor shall have been so appointed by the Borrowers shall be required while an Event of Default exists and (y) such consent shall not be unreasonably withheld, delayed or conditioned, Required Lenders and shall be deemed to have been given unless the Borrowers shall have objected to accepted such appointment by written notice to the Administrative Agent within five thirty (530) Business Days days after having received notice thereof; provided, failing such appointment, the retiring Swing Line Lender gives notice of its resignation, then the Administrative Agent may appoint, on behalf of the Lenders, appoint a successor Swing Line Lender from among Lender; provided that if the Administrative Agent shall notify the Borrower and the Lenders or any other financial institution. Whether or not a successor that no qualifying Person has been appointedaccepted such appointment, then such resignation shall nonetheless become effective in accordance with such notice on and the thirtieth day following such written notice. At the time any such resignation shall become effective, (i) the Borrowers shall prepay any outstanding retiring Swing Line Loans made Lender shall be discharged from its duties and obligations hereunder and under the other Loan Documents (except that in the case of any collateral security held by the retiring Swing Line Lender on behalf of the Lenders or the Swing Line Lender under any of the Loan Documents, the retiring Swing Line Lender shall continue to hold such collateral security until such time as a successor Swing Line Lender is appointed). Upon the acceptance of a successor’s appointment as a Swing Line Lender hereunder, such successor shall succeed to and become vested with all of the rights, powers, privileges and duties of the retiring (or retired) Swing Line Lender, and the retiring Swing Line Lender shall be discharged from all of its duties and obligations hereunder or under the other Loan Documents (if not already discharged therefrom as provided above in this Section). The fees payable by the Borrower to a successor Swing Line Lender shall be the same as those payable to its predecessor unless otherwise agreed between the Borrower and such successor. After the retiring Swing Line Xxxxxx’s resignation hereunder and under the other Loan Documents as a Swing Line Lender, the provisions of Section 11.3 (and Article X if the Administrative Agent is the resigning Swing Line Lender, (ii) upon shall continue in effect for the benefit of such prepayment, the resigning Swing Line Lender shall surrender any Swing Line Note held by it to the Borrowers for cancellation, and (iii) the Borrowers shall issue, if so requested by the successor retiring Swing Line Lender, a new its sub-agents and their respective Related Parties in respect of any actions taken or omitted to be taken by any of them while the retiring Swing Line Note to Lender was acting as the successor Swing Line Lender. In addition to the foregoing requirements, in upon the principal amount acceptance of a successor’s appointment as Xxxxxxx Xxxxxx hereunder, the Swing Line Sub-limit then in effect and with other appropriate insertions. From and after the effective date of any such resignation, (A) any successor Swing Line Issuing Lender shall have all issue letters of credit in substitution for the rights and Letters of Credit issued by the retiring Xxxxxxx Xxxxxx, if any, outstanding at the time of such succession or make other arrangements satisfactory to the retiring Issuing Lender to effectively assume the obligations of the Swing Line retiring Issuing Lender under this Agreement with respect to Swing Line Loans made thereafter and (B) references herein to the term “Swing Line Lender” shall be deemed to refer to such successor or to any previous Swing Line Lender, or to such successor and all previous Swing Line Lender, as the context shall requireLetters of Credit.

Resignation of Swing Line Lender. The Subject to the appointment and acceptance of a successor Swing Line Lender reasonably acceptable to the Borrower (which appointment and acceptance of a successor Swing Line Lender, however, shall not be required in connection with the resignation of the Administrative Agent pursuant to Section 8.06), the Swing Line Xxxxxx may resign as Swing Line Lender upon at any time by giving thirty days prior (30) days’ written notice to the Administrative Agent, the Lenders and the Borrower. The Borrower Representative. Upon any such notice may terminate the appointment of resignation, the Required Lenders shall have the right, upon five Business Days’ notice to the Borrower Representative, to appoint a successor Swing Line Lender with the consent of the Borrowers; provided, (x) no such consent of the Borrowers shall be required while an Event of Default exists and (y) such consent shall not be unreasonably withheld, delayed or conditioned, and shall be deemed to have been given unless the Borrowers shall have objected to such appointment hereunder by providing a written notice thereof to the Swing Line Lender, with a copy to the Administrative Agent within five (5) Business Days after having received notice thereof; provided, failing Agent. Any such appointment, the retiring Swing Line Lender may appoint, on behalf of the Lenders, a successor Swing Line Lender from among the Lenders or any other financial institution. Whether or not a successor has been appointed, such resignation termination shall become effective in accordance with upon the earlier of (i) the Swing Line Lender’s acknowledging receipt of such notice on and (ii) the thirtieth day fifth (5th) Business Day following the date of the delivery thereof; provided that no such written noticetermination shall become effective until and unless the principal amount of all Swing Loans shall have been reduced to zero. At the time any such resignation or termination shall become effective, (i) the Borrowers Borrower shall prepay any outstanding Swing Line Loans made by pay all unpaid interest and fees accrued for the account of the resigning or terminated Swing Line Lender, (ii) upon . Notwithstanding the effectiveness of any such prepaymentresignation or termination, the resigning or terminated Swing Line Lender shall surrender any Swing Line Note held by it remain a party hereto and shall continue to the Borrowers for cancellation, and (iii) the Borrowers shall issue, if so requested by the successor Swing Line Lender, a new Swing Line Note to the successor Swing Line Lender, in the principal amount of the Swing Line Sub-limit then in effect and with other appropriate insertions. From and after the effective date of any such resignation, (A) any successor Swing Line Lender shall have all the rights and obligations of the a Swing Line Lender under this Agreement and the other Loan Documents with respect to Swing Line Loans made thereafter and (B) references herein to the term “Swing Line Lender” shall be deemed to refer by it prior to such successor resignation or termination, including the right to require the Lenders to make Loans or fund risk participations in outstanding Swing Loans, but shall not make any previous additional Swing Line Lender, or to such successor and all previous Swing Line Lender, as the context shall require.Loans. (f)

Resignation of Swing Line Lender. The Notwithstanding anything to the contrary contained herein, the Swing Line Lender may resign as Swing Line Lender may, upon thirty days prior written notice to the Administrative Agent, Lenders and the Borrower Representative. Upon any such notice of resignation, the Required Lenders shall have the right, upon five Business Daysdays’ notice to the Borrower Representativeand the Revolving Xxxxxxx, resign as the Swing Line Lender; provided that on or prior to appoint the expiration of such 30-day period with respect to such resignation, the Swing Line Lender shall have identified a successor Swing Line Lender with the consent of the Borrowers; provided, (x) no such consent of the Borrowers shall be required while an Event of Default exists and (y) such consent shall not be unreasonably withheld, delayed or conditioned, and shall be deemed to have been given unless the Borrowers shall have objected to such appointment by written notice reasonably acceptable to the Administrative Agent within five (5) Business Days after having received notice thereof; provided, failing such appointment, the retiring Borrower willing to accept its appointment as successor Swing Line Lender may appointhereunder. In the event of any such resignation of 251 the Swing Line Lender, on behalf of the Lenders, Borrower shall be entitled to appoint from among the Lenders willing to accept such appointment a successor Swing Line Lender from among hereunder; provided that no failure by the Lenders or any other financial institution. Whether or not a successor has been appointed, such resignation shall become effective in accordance with such notice on the thirtieth day following such written notice. At the time Borrower to appoint any such successor shall affect the resignation shall become effective, (i) the Borrowers shall prepay any outstanding Swing Line Loans made by the resigning Swing Line Lender, (ii) upon such prepayment, the resigning Swing Line Lender shall surrender any Swing Line Note held by it to the Borrowers for cancellation, and (iii) the Borrowers shall issue, if so requested by the successor Swing Line Lender, a new Swing Line Note to the successor Swing Line Lender, in the principal amount of the Swing Line Sub-limit then in effect and with other appropriate insertions. From and after the effective date of any such resignation, (A) any successor Swing Line Lender shall have all the rights and obligations of the Swing Line Lender under this Agreement except as expressly provided above. If 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 thereafter 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 2.03(c). Upon the appointment by the Borrower of a successor Swing Line Lender hereunder (which successor shall in all cases be a Lender other than a Defaulting Lender), (i) such successor shall succeed to and become vested with all of the rights, powers, privileges and duties of the retiring Swing Line Lender and (Bii) references herein to the term “retiring Swing Line Lender” Lender shall be deemed to refer to such successor discharged from all of its duties and obligations hereunder or to any previous Swing Line Lender, or to such successor and all previous Swing Line Lender, as under the context shall requireother Loan Documents.

Resignation of Swing Line Lender. The Swing Line Lender may resign as Swing Line Lender upon thirty days prior written notice to the Administrative Agent, Lenders and the Borrower Representative. Upon any such notice of resignation, the Required Lenders shall have the right, upon five Business Days’ notice to the Borrower Representative, to appoint a successor Swing Line Lender with the consent of the BorrowersBorrowersBorrower ; provided, (x) no such consent of the Borrowers BorrowersBorrower shall be required while an Event of Default exists and (y) such consent shall not be unreasonably withheld, delayed or conditioned, and shall be deemed to have been given unless the Borrowers BorrowersBorrower shall have objected to such appointment by written notice to the Administrative Agent within five (5) Business Days after having received notice thereof; provided, failing such appointment, the retiring Swing Line Lender may appoint, on behalf of the Lenders, a successor Swing Line Lender from among the Lenders or any other financial institution. Whether or not a successor has been appointed, such resignation shall become effective in accordance with such notice on the thirtieth day following such written notice. At the time any such resignation shall become effective, (i) the Borrowers BorrowersBorrower shall prepay any outstanding Swing Line Loans made by the resigning Swing Line Lender, (ii) upon such prepayment, the resigning Swing Line Lender shall surrender any Swing Line Note held by it to the Borrowers BorrowersBorrower for cancellation, and (iii) the Borrowers BorrowersBorrower shall issue, if so requested by the successor Swing Line Lender, a new Swing Line Note to the successor Swing Line Lender, in the principal amount of the Swing Line Sub-limit then in effect and with other appropriate insertions. From and after the effective date of any such resignation, (A) any successor Swing Line Lender shall have all the rights and obligations of the Swing Line Lender under this Agreement with respect to Swing Line Loans made thereafter and (B) references herein to the term “Swing Line Lender” shall be deemed to refer to such successor or to any previous Swing Line Lender, or to such successor and all previous Swing Line Lender, as the context shall require.

Resignation of Swing Line Lender. The Notwithstanding anything to the contrary contained herein, the Swing Line Lender may resign as Swing Line Lender may, upon thirty days prior written notice to the Administrative Agent, Lenders and the Borrower Representative. Upon any such notice of resignation, the Required Lenders shall have the right, upon five Business Daysdays’ notice to the Borrower Representativeand the Revolving Xxxxxxx, resign as the Swing Line Lender; provided that on or prior to appoint the expiration of such 30-day period with respect to such resignation, the Swing Line Lender shall have identified a successor Swing Line Lender with the consent of the Borrowers; provided, (x) no such consent of the Borrowers shall be required while an Event of Default exists and (y) such consent shall not be unreasonably withheld, delayed or conditioned, and shall be deemed to have been given unless the Borrowers shall have objected to such appointment by written notice reasonably acceptable to the Administrative Agent within five (5) Business Days after having received notice thereof; provided, failing such appointment, the retiring Borrower willing to accept its appointment as successor Swing Line Lender may appoint, on behalf hereunder. In the event of any such resignation of the LendersSwing Line Lender, the Borrower shall be entitled to appoint from among the Lenders willing to accept such appointment a successor Swing Line Lender from among hereunder; provided that no failure by the Lenders or any other financial institution. Whether or not a successor has been appointed, such resignation shall become effective in accordance with such notice on the thirtieth day following such written notice. At the time Borrower to appoint any such successor shall affect the resignation shall become effective, (i) the Borrowers shall prepay any outstanding Swing Line Loans made by the resigning Swing Line Lender, (ii) upon such prepayment, the resigning Swing Line Lender shall surrender any Swing Line Note held by it to the Borrowers for cancellation, and (iii) the Borrowers shall issue, if so requested by the successor Swing Line Lender, a new Swing Line Note to the successor Swing Line Lender, in the principal amount of the Swing Line Sub-limit then in effect and with other appropriate insertions. From and after the effective date of any such resignation, (A) any successor Swing Line Lender shall have all the rights and obligations of the Swing Line Lender under this Agreement except as expressly provided above. If 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 thereafter 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 2.03(c). Upon the appointment by the Borrower of a successor Swing Line Lender hereunder (which successor shall in all cases be a Lender other than a Defaulting Lender), (i) such successor shall succeed to and become vested with all of the rights, powers, privileges and duties of the retiring Swing Line Lender and (Bii) references herein to the term “retiring Swing Line Lender” Lender shall be deemed to refer to such successor discharged from all of its duties and obligations hereunder or to any previous Swing Line Lender, or to such successor and all previous Swing Line Lender, as under the context shall requireother Loan Documents.

Resignation of Swing Line Lender. The Swing Line Lender may resign as Swing Line Lender upon thirty days prior written notice to the Administrative Agent, Revolving Lenders and the Borrower Representative. Upon any such notice of resignation, the Required Revolving Lenders shall have the right, upon five (5) Business Days’ notice to the Borrower Representative (or such lesser notice as is acceptable to the Borrower Representative), to appoint a successor Swing Line Lender with the written consent of the BorrowersBorrower Representative; provided, (x) no such consent of the Borrowers Borrower Representative shall be required while an Event of Default exists and (y) such consent shall not be unreasonably withheld, delayed or conditioned, and shall be deemed to have been given unless the Borrowers Borrower Representative shall have objected to such appointment by written notice to the Administrative Agent within five (5) Business Days after having received notice thereof; provided, failing such appointment, the retiring Swing Line Lender may appoint, on behalf of the Revolving Lenders, a successor Swing Line Lender from among the Revolving Lenders or or, with the written consent of the Borrower Representative, any other financial institution. Whether ; provided, in no event shall any such successor Swing Line Lender be a Defaulting Lender, an Affiliated Lender or not a successor has been appointed, such resignation shall become effective in accordance with such notice on the thirtieth day following such written noticeDisqualified Institution. At the time any such resignation shall become effective, (i) the Borrowers shall prepay any outstanding Swing Line Loans made by the resigning Swing Line Lender, (ii) upon such prepayment, the resigning Swing Line Lender shall surrender any Swing Line Note held by it to the Borrowers for cancellation, and (iii) the Borrowers shall issue, if so requested by the successor Swing Line Lender, a new Swing Line Note to the successor Swing Line Lender, in the principal amount of the Swing Line Sub-limit Loan Sublimit then in effect and with other appropriate insertions. From and after the effective date of any such resignation, (A) any successor Swing Line Lender shall have all the rights and obligations of the Swing Line Lender under this Agreement with respect to Swing Line Loans made thereafter and (B) references herein to the term “Swing Line Lender” shall be deemed to refer to such successor or to any previous Swing Line Lender, or to such successor and all previous Swing Line Lender, as the context shall require.