Common use of RESIGNATION OR REMOVAL OF THE AGENT; SUCCESSOR AGENT Clause in Contracts

RESIGNATION OR REMOVAL OF THE AGENT; SUCCESSOR AGENT. The Agent may resign upon twenty (20) days' notice to the Banks or the Agent may be removed by the vote of the Required Banks (excluding the Agent). Upon the resignation or removal of the Agent, the Required Banks shall appoint from among the Banks a successor Agent for the Banks subject to prior approval of the Borrower so long as no Possible Default or Event of Default then exists (such approval not to be unreasonably withheld or delayed), whereupon such successor agent shall succeed to the rights, powers and duties of the Agent, and the term "Agent" shall include such successor agent effective upon its appointment, and the resigning or removed Agent's rights, powers and duties as the Agent shall be terminated, without any other or further act or deed on the part of the former Agent or any of the parties to this Agreement. After the resignation or removal of the Agent hereunder, the provisions of this Article XII shall inure to its benefit as to any actions taken or omitted to be taken by it while it was Agent under this Agreement. In the event no successor agent has been appointed by the end of such twenty (20) day period in the case of a resignation or upon the removal of the Agent by the Required Banks (excluding the Agent), the resignation or removal of the Agent shall become effective and the Required Banks shall perform the duties of the Agent until a successor agent is appointed.

Appears in 2 contracts

Samples: Credit Agreement (Forest City Enterprises Inc), Credit Agreement (Forest City Enterprises Inc)

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RESIGNATION OR REMOVAL OF THE AGENT; SUCCESSOR AGENT. The Agent may resign upon twenty (20) days' notice to the Banks or the Agent may be removed by the vote of the Required Banks (excluding the Agent). Upon the resignation or removal of the Agent, the Required Banks shall appoint from among the Banks a successor Agent for the Banks subject to prior approval of the Borrower so long as no Possible Default or Event of Default then exists (such approval not to be unreasonably withheld or delayed), whereupon such successor agent shall succeed to the rights, powers and duties of the Agent, and the term "Agent" shall include such successor agent effective upon its appointment, and the resigning or removed Agent's ’s rights, powers and duties as the Agent shall be terminated, without any other or further act or deed on the part of the former Agent or any of the parties to this Agreement. After the resignation or removal of the Agent hereunder, the provisions of this Article XII shall inure to its benefit as to any actions taken or omitted to be taken by it while it was Agent under this Agreement. In the event no successor agent has been appointed by the end of such twenty (20) day period in the case of a resignation or upon the removal of the Agent by the Required Banks (excluding the Agent), the resignation or removal of the Agent shall become effective and the Required Banks shall perform the duties of the Agent until a successor agent is appointed.

Appears in 2 contracts

Samples: Credit Agreement (Forest City Enterprises Inc), Credit Agreement (Forest City Enterprises Inc)

RESIGNATION OR REMOVAL OF THE AGENT; SUCCESSOR AGENT. The Agent may resign upon twenty (20) 20 days' notice to the Banks or the Agent may be removed by the a unanimous vote of the Required Banks (excluding the Agent). Upon the resignation or removal of the Agent, the Required Banks shall appoint from among the Banks a successor Agent for the Banks subject to prior approval of the Borrower so long as no Possible Default or Event of Default then exists (such approval not to be unreasonably withheld or delayed), whereupon such successor agent shall succeed to the rights, powers and duties of the Agent, and the term "Agent" shall include such successor agent effective upon its appointment, and the resigning or removed Agent's rights, powers and duties as the Agent shall be terminated, without any other or further act or deed on the part of the former Agent or any of the parties to this Amended Credit Agreement. After the resignation or removal of the Agent hereunder, the provisions of this Article XII shall inure to its benefit as to any actions taken or omitted to be taken by it while it was Agent under this Amended Credit Agreement. In the event no successor agent has been appointed by the end of such twenty (20) 20 day period in the case of a resignation or upon the removal of the Agent by the Required Banks (excluding the Agent), the resignation or removal of the Agent shall become effective and the Required Banks shall perform the duties of the Agent until a successor agent is appointed.

Appears in 1 contract

Samples: Credit Agreement (Forest City Enterprises Inc)

RESIGNATION OR REMOVAL OF THE AGENT; SUCCESSOR AGENT. The Agent may resign upon twenty (20) 20 days' notice to the Banks or the Agent may be removed by the a unanimous vote of the Required Banks (excluding the Agent). Upon the resignation or removal of the Agent, the Required Banks shall appoint from among the Banks a successor Agent for the Banks subject to prior approval of the Borrower so long as no Possible Default or Event of Default then exists (such approval not to be unreasonably withheld or delayed), whereupon such successor agent shall succeed to the rights, powers and duties of the Agent, and the term "Agent" shall include such successor agent effective upon its appointment, and the resigning or removed Agent's rights, powers and duties as the Agent shall be terminated, without any other or further act or deed on the part of the former Agent or any of the parties to this Credit Agreement. After the resignation or removal of the Agent hereunder, the provisions of this Article XII shall inure to its benefit as to any actions taken or omitted to be taken by it while it was Agent under this Credit Agreement. In the event no successor agent has been appointed by the end of such twenty (20) 20 day period in the case of a resignation or upon the removal of the Agent by the Required Banks (excluding the Agent), the resignation or removal of the Agent shall become effective and the Required Banks shall perform the duties of the Agent until a successor agent is appointed.

Appears in 1 contract

Samples: Credit Agreement (Forest City Enterprises Inc)

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RESIGNATION OR REMOVAL OF THE AGENT; SUCCESSOR AGENT. The Agent may resign upon twenty (20) days' notice to the Banks or the Agent may be removed by the vote of the Required Banks (excluding the Bank serving as the Agent)) in the event of the Agent’s willful misconduct or gross negligence. Any such resignation or removal may at the Agent’s option also constitute the Agent’s resignation as an Issuing Bank and a Swing Line Lender. Upon the such resignation or removal of the Agent, the Required Banks shall appoint from among the Banks a successor Agent for the Banks and, if applicable, Issuing Bank and Swing Line Lender subject to prior approval of the Borrower so long as no Possible Default or Event of Default then exists (such approval not to be unreasonably withheld or delayed), whereupon such successor agent shall succeed to the rights, powers and duties of the AgentAgent and, if applicable, Issuing Bank and Swing Line Lender, and the term "Agent" ” and, if applicable, “Issuing Bank” and “Swing Line Lender” shall include such successor agent effective upon its appointment, and the resigning or removed Agent's ’s and, if applicable, Issuing Bank’s and Swing Line Lender’s rights, powers and duties as the Agent and, if applicable, Issuing Bank and Swing Line Lender shall be terminated, without any other or further act or deed on the part of the former Agent Agent, Issuing Bank or Swing Line Lender, as the case may be, or any of the parties to this Agreement. After the resignation or removal of the Agent hereunder, the provisions of this Article XII shall inure to its benefit as to any actions taken or omitted to be taken by it while it was Agent under this Agreement. In the event no successor agent has been appointed by the end of such twenty (20) day period in the case of a resignation or upon the removal of the Agent by the Required Banks (excluding the Agent), the resignation or removal of the Agent shall become effective and the Required Banks shall perform the duties of the Agent until a successor agent is appointed.this

Appears in 1 contract

Samples: Credit Agreement (Forest City Enterprises Inc)

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