Common use of Resignation of Swingline Lender Clause in Contracts

Resignation of Swingline Lender. (i) Notwithstanding anything to the contrary contained herein, the Swingline Lender may, upon thirty (30) days’ notice to the Borrower, resign as the Swingline Lender. In the event of any such resignation, the Borrower shall be entitled to appoint from among the Lenders a successor Swingline Lender hereunder; provided that no failure by the Borrower to appoint any such successor shall affect the resignation of the Swingline Lender; provided further that (i) no Lender shall be required to accept such appointment as successor Swingline Lender; (ii) any successor Swingline Lender shall be approved by the Administrative Agent (such approval not to be unreasonably withheld or delayed); and (iii) until a Lender shall have notified the Administrative Agent and the current Swingline Lender in writing that it has agreed to act as a successor Swingline Lender, the current Swingline Lender shall continue as Swingline Lender hereunder. Upon the acceptance of any appointment as Swingline Lender hereunder by a successor, such successor Swingline Lender shall thereupon succeed to and become vested with all rights, powers, privileges and duties of the replaced Swingline Lender, and the replaced Swingline Lender shall be discharged from its duties and obligations in its capacity as Swingline Lender without any other or further act or deed on the part of such replaced Swingline Lender or any other Lender. (ii) Any resigning Swingline Lender shall retain all the rights of the Swingline Lender provided for hereunder with respect to Swingline 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 Revolving Credit Loans or fund risk participations in outstanding Swingline Loans pursuant to Section 2.2(b).

Resignation of Swingline Lender. (i) Notwithstanding anything The Swingline Lender may resign as Swingline Lender upon 60 days’ prior written notice to the contrary contained hereinAgent, the Lenders and the Borrower. If the Swingline Lender mayshall resign, upon thirty (30) days’ notice to the Borrower, resign as the Swingline Lender. In the event of any such resignation, then the Borrower shall be entitled to may appoint from among the Lenders a successor Swingline Lender hereunder; provided that no failure by the Borrower to appoint any Lender, whereupon such successor shall affect the resignation of the Swingline Lender; provided further that (i) no Lender shall be required to accept such appointment as successor Swingline Lender; (ii) any successor Swingline Lender shall be approved by succeed to the Administrative Agent (such approval not to be unreasonably withheld rights, powers and duties of the replaced or delayed); and (iii) until a resigning Swingline Lender shall have notified the Administrative Agent under this Agreement and the current other Credit Documents, and the term “Swingline Lender” shall mean such successor or such new Swingline Lender effective upon such appointment (it being understood that if no existing Lender elects to accept such appointment, then the Borrower may appoint another bank or financial institution of its choosing (which bank or financial institution shall be satisfactory to the Agent, in writing that it has agreed to act its reasonable discretion) as a successor Swingline Lender, the current Swingline Lender shall continue as Swingline Lender hereunder). Upon the The acceptance of any appointment as a Swingline Lender hereunder shall be evidenced by a an agreement entered into by such successor, such successor in a form satisfactory to the Borrower and the Agent. If the Swingline Lender shall thereupon succeed to and become vested with all rights, powers, privileges and duties of the replaced resigns as Swingline Lender, and the replaced Swingline Lender shall be discharged from its duties and obligations in its capacity as Swingline Lender without any other or further act or deed on the part of such replaced Swingline Lender or any other Lender. (ii) Any resigning Swingline Lender it shall retain all the rights of the Swingline Lender provided for hereunder with respect to Swingline 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 Revolving Credit Loans or and fund risk participations in outstanding Swingline Loans pursuant to Section 2.2(b)Loans.

Resignation of Swingline Lender. (i) Notwithstanding anything to the contrary contained herein, the Swingline Lender may, upon thirty (30) days’ ' notice to the Borrower, resign as the Swingline Lender. In the event of any such resignation, the Borrower shall be entitled to appoint from among the Lenders a successor Swingline Lender hereunder; provided that no failure by the Borrower to appoint any such successor shall affect the resignation of the Swingline Lender; provided further that (i) no Lender shall be required to accept such appointment as successor Swingline Lender; (ii) any successor Swingline Lender shall be approved by the Administrative Agent (such approval not to be unreasonably withheld or delayed); and (iii) until a Lender shall have notified the Administrative Agent and the current Swingline Lender in writing that it has agreed to act as a successor Swingline Lender, the current Swingline Lender shall continue as Swingline Lender hereunder. Upon the acceptance of any appointment as Swingline Lender hereunder by a successor, such successor Swingline Lender shall thereupon succeed to and become vested with all rights, powers, privileges and duties of the replaced Swingline Lender, and the replaced Swingline Lender shall be discharged from its duties and obligations in its capacity as Swingline Lender without any other or further act or deed on the part of such replaced Swingline Lender or any other Lender. (ii) Any resigning Swingline Lender shall retain all the rights of the Swingline Lender provided for hereunder with respect to Swingline 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 Revolving Credit Loans or fund risk participations in outstanding Swingline Loans pursuant to Section 2.2(b).

Resignation of Swingline Lender. (i) Notwithstanding anything The Swingline Lender may resign as Swingline Lender upon 60 days’ prior written notice to the contrary contained hereinAdministrative Agent, the Lenders and the Borrower. If the Swingline Lender mayshall resign, upon thirty (30) days’ notice to the Borrower, resign as the Swingline Lender. In the event of any such resignation, then the Borrower shall be entitled to may appoint from among the Lenders a successor Swingline Lender hereunder; provided that no failure by the Borrower to appoint any Lender, whereupon such successor shall affect the resignation of the Swingline Lender; provided further that (i) no Lender shall be required to accept such appointment as successor Swingline Lender; (ii) any successor Swingline Lender shall be approved by succeed to the Administrative Agent (such approval not to be unreasonably withheld rights, powers and duties of the replaced or delayed); and (iii) until a resigning Swingline Lender shall have notified the Administrative Agent under this Agreement and the current otherCredit Documents, and the term “Swingline Lender” shall mean such successor or such new Swingline Lender in writing that it has agreed to act as a successor Swingline Lender, the current Swingline Lender shall continue as Swingline Lender hereundereffective upon such appointment. Upon the The acceptance of any appointment as a Swingline Lender hereunder shall be evidenced by a an agreement entered into by such successor, such successor in a form satisfactory to the Borrower and the Administrative Agent. If the Swingline Lender shall thereupon succeed to and become vested with all rights, powers, privileges and duties of the replaced resigns as Swingline Lender, and the replaced Swingline Lender shall be discharged from its duties and obligations in its capacity as Swingline Lender without any other or further act or deed on the part of such replaced Swingline Lender or any other Lender. (ii) Any resigning Swingline Lender it shall retain all the rights of the Swingline Lender provided for hereunder with respect to Swingline 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 Revolving Credit Loans or and fund risk participations in outstanding Swingline Loans pursuant Loans. (f) Each Lender may at its option make any LIBOR Loan by causing any domestic or foreign branch or Affiliate of such Lender to make such Loan; provided that (A) any exercise of such option shall not affect the obligation of the Borrower to repay such Loan and (B) in exercising such option, such Lender shall use its reasonable efforts to minimize any increased costs to the Borrower resulting therefrom (which obligation of the Lender shall not require it to take, or refrain from taking, actions that it determines would result in increased costs for which it will not be compensated hereunder or that it determines would be otherwise disadvantageous to it and in the event of such request for costs for which compensation is provided under this Agreement, the provisions of Section 2.2(b2.10 shall apply).