Common use of Resignation or Removal of the Issuing Bank Clause in Contracts

Resignation or Removal of the Issuing Bank. The Issuing Bank may resign as Issuing Bank hereunder at any time upon at least 30 days’ prior notice to the Lenders, the Administrative Agent and Borrower. The Issuing Bank may be replaced at any time by written agreement among Borrower, each Agent, the replaced Issuing Bank and the successor Issuing Bank. The Administrative Agent shall notify the Lenders of any such replacement of the Issuing Bank or any such additional Issuing Bank. At the time any such resignation or replacement shall become effective, Borrower shall pay all unpaid fees accrued for the account of the replaced Issuing Bank pursuant to Section 2.05(c). From and after the effective date of any such resignation or replacement or addition, as applicable, (i) the successor or additional Issuing Bank shall have all the rights and obligations of the Issuing Bank under this Agreement with respect to Letters of Credit to be issued by it thereafter and (ii) references herein to the term “Issuing Bank” shall be deemed to refer to such successor or such addition or to any previous Issuing Bank, or to such successor or such addition and all previous Issuing Banks, as the context shall require. After the resignation or replacement of an Issuing Bank hereunder, the replaced Issuing Bank shall remain a party hereto and shall continue to have all the rights and obligations of an Issuing Bank under this Agreement with respect to Letters of Credit issued by it prior to such resignation or replacement, but shall not be required to issue additional Letters of Credit. If at any time there is more than one Issuing Bank hereunder, Borrower may, in its discretion, select which Issuing Bank is to issue any particular Letter of Credit.

Appears in 21 contracts

Samples: Credit Agreement (Mattress Firm Holding Corp.), Credit Agreement (Mattress Firm Holding Corp.), Second Amendment and Restatement Agreement (Jacobs Entertainment Inc)

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Resignation or Removal of the Issuing Bank. The Issuing Bank may resign as Issuing Bank hereunder at any time upon at least by giving 30 days’ prior written notice to the LendersAdministrative Agent, the Lenders and the Borrower, and may be removed at any time by the Borrower by notice to the Issuing Bank, the Administrative Agent and Borrowerthe Lenders. The Upon the acceptance of any appointment as the Issuing Bank may be replaced at any time hereunder by written agreement among Borrower, each Agent, the replaced Issuing Bank and the a Lender that shall agree to serve as successor Issuing Bank. The Administrative Agent , such successor shall notify succeed to and become vested with all the Lenders of any such replacement interests, rights and obligations of the Issuing Bank or any such additional retiring Issuing Bank. At the time any such removal or resignation or replacement shall become effective, the Borrower shall pay all accrued and unpaid fees accrued for the account of the replaced Issuing Bank pursuant to Section 2.05(c2.05(c)(ii). From The acceptance of any appointment as the Issuing Bank hereunder by a successor Lender shall be evidenced by an agreement entered into by such successor, in a form satisfactory to the Borrower and the Administrative Agent, and, from and after the effective date of any such resignation or replacement or addition, as applicableagreement, (i) the such successor or additional Issuing Bank Lender shall have all the rights and obligations of the previous Issuing Bank under this Agreement with respect to Letters of Credit to be issued by it thereafter and the other Loan Documents and (ii) references herein and in the other Loan Documents to the term “Issuing Bank” shall be deemed to refer to such successor or such addition or to any previous Issuing Bank, or to such successor or such addition and all previous Issuing Banks, as the context shall require. After the resignation or replacement removal of an the Issuing Bank hereunder, the replaced retiring Issuing Bank shall remain a party hereto and shall continue to have all the rights and obligations of an Issuing Bank under this Agreement and the other Loan Documents with respect to Letters of Credit issued by it prior to such resignation or replacementremoval, but shall not be required to issue additional Letters of Credit. If at any time there is more than one Issuing Bank hereunder, Borrower may, in its discretion, select which Issuing Bank is to issue any particular Letter of Credit.

Appears in 21 contracts

Samples: Revolving Credit Agreement (Lindblad Expeditions Holdings, Inc.), Fourth Amendment and Restatement Agreement (Community Health Systems Inc), Senior Secured Priming and Superpriority Debtor in Possession Credit Agreement (Fairway Group Holdings Corp)

Resignation or Removal of the Issuing Bank. The Issuing Bank may resign as Issuing Bank hereunder at any time upon at least 30 days' prior notice to the Lenders, the Administrative Agent and Borrower. The Issuing Bank may be replaced at any time by written agreement among Borrower, each Agent, the replaced Issuing Bank and the successor Issuing Bank. The Administrative Agent shall notify the Lenders of any such replacement of the Issuing Bank or any such additional Issuing Bank. At the time any such resignation or replacement shall become effective, Borrower shall pay all unpaid fees accrued for the account of the replaced Issuing Bank pursuant to Section 2.05(c). From and after the effective date of any such resignation or replacement or addition, as applicable, (i) the successor or additional Issuing Bank shall have all the rights and obligations of the Issuing Bank under this Agreement with respect to Letters of Credit to be issued by it thereafter and (ii) references herein to the term "Issuing Bank" shall be deemed to refer to such successor or such addition or to any previous Issuing Bank, or to such successor or such addition and all previous Issuing Banks, as the context shall require. After the resignation or replacement of an Issuing Bank hereunder, the replaced Issuing Bank shall remain a party hereto and shall continue to have all the rights and obligations of an Issuing Bank under this Agreement with respect to Letters of Credit issued by it prior to such resignation or replacement, but shall not be required to issue additional Letters of Credit. If at any time there is more than one Issuing Bank hereunder, Borrower may, in its discretion, select which Issuing Bank is to issue any particular Letter of Credit.

Appears in 14 contracts

Samples: Credit Agreement (Adesa Inc), Credit Agreement (Adesa Inc), Credit Agreement (Regency Energy Partners LP)

Resignation or Removal of the Issuing Bank. The Issuing Bank may resign as Issuing Bank hereunder at any time upon at least 30 thirty (30) days’ prior written notice to the Lenders, the Administrative Agent and the Borrower. The Issuing Bank may be replaced at any time by written agreement among Borrower, each Agent, the replaced Issuing Bank Borrower with the consent of the Administrative Agent and the Revolving Lender(s) to the successor Issuing Bank. The Borrower shall notify the Administrative Agent and then the Administrative Agent shall notify the Lenders of any such replacement of the Issuing Bank or any such additional Issuing Bank. At the time any such resignation or replacement shall become effective, the Borrower shall pay all unpaid fees accrued for the account of the replaced Issuing Bank pursuant to Section 2.05(c). From and after the effective date of any such resignation or replacement or additionreplacement, as applicable, (i) the successor or additional Issuing Bank shall have all the rights and obligations of the Issuing Bank under this Agreement with respect to Letters of Credit to be issued by it thereafter and (ii) references herein and in the other Loan Documents to the term “Issuing Bank” shall be deemed to refer to such successor or such addition or to any previous Issuing Bank, or to such successor or such addition and all previous Issuing Banks, as the context shall require. After the resignation or replacement of an Issuing Bank hereunder, the replaced Issuing Bank shall remain a party hereto and shall continue to have all the rights and obligations of an Issuing Bank under this Agreement with respect to Letters of Credit issued by it prior to such resignation or replacement, but shall not be required to issue additional Letters of Credit. If at any time there is more than one Issuing Bank hereunderCredit and, Borrower mayif applicable, in its discretion, select which Issuing Bank is shall remain a Lender hereunder and shall continue to issue any particular Letter have all of Creditthe rights and obligations of a Lender under this Agreement.

Appears in 10 contracts

Samples: Assumption Agreement and Amendment No. 2 (iCIMS Holding LLC), Credit Agreement (iCIMS Holding LLC), Assumption Agreement and Amendment No. 1 (iCIMS Holding LLC)

Resignation or Removal of the Issuing Bank. The Any Issuing Bank may resign as Issuing Bank hereunder at any time upon at least 30 days’ prior written notice to the Lenders, the Administrative Agent and the Lead Borrower. The Any Issuing Bank may be replaced at any time by written agreement among Borrowerbetween the Lead Borrower and the Administrative Agent; provided that so long as no Event of Default under Section 11.01 or 11.05 exists, each Agent, the replaced such successor Issuing Bank and shall be reasonably acceptable to the successor Lead Borrower. One or more Lenders may be appointed as additional Issuing BankBanks in accordance with subsection (k) below. The Administrative Agent shall notify the Lenders of any such replacement of the such Issuing Bank or any such additional Issuing Bank. At the time any such resignation or replacement shall become effective, the Lead Borrower shall pay all unpaid fees accrued for the account of the replaced Issuing Bank pursuant to Section 2.05(c). From and after the effective date of any such resignation or replacement or addition, as applicable, (i) the successor or additional Issuing Bank shall have all the rights and obligations of the an Issuing Bank under this Agreement with respect to Letters of Credit to be issued by it thereafter and (ii) references herein to the term “Issuing Bank” shall be deemed to refer to such successor or such addition or to any previous Issuing Bank, or to such successor or such addition additional Issuing Bank and all previous Issuing Banks, as the context shall require. After the resignation or replacement of an Issuing Bank hereunder, the replaced Issuing Bank shall remain a party hereto and shall continue to have all the rights and obligations of an Issuing Bank under this Agreement with respect to Letters of Credit issued by it prior to such resignation or replacement, but shall not be required to issue additional Letters of Credit. If at any time there is more than one Issuing Bank hereunder, the Lead Borrower may, in its discretion, select which Issuing Bank is to issue any particular Letter of Credit.

Appears in 6 contracts

Samples: Credit Agreement (Ryerson Holding Corp), Credit Agreement (Ryerson Holding Corp), Credit Agreement (Ryerson Holding Corp)

Resignation or Removal of the Issuing Bank. The Issuing Bank may resign as Issuing Bank hereunder at any time upon at least 30 by giving 180 days’ prior written notice to the LendersAdministrative Agent, the Lenders and the Borrowers, and may be removed at any time by the Borrowers by notice to the Issuing Bank, the Administrative Agent and Borrowerthe Lenders. The Subject to the next succeeding paragraph, upon the acceptance of any appointment as the Issuing Bank may be replaced at any time hereunder by written agreement among Borrowera Lender that shall agree to serve as successor Issuing Bank, each Agentsuch successor shall succeed to and become vested with all the interests, rights and obligations of the replaced retiring Issuing Bank and the successor Issuing Bank. The Administrative Agent shall notify the Lenders of any such replacement of the retiring Issuing Bank or any such shall be discharged from its obligations to issue additional Issuing BankLetters of Credit hereunder. At the time any such removal or resignation or replacement shall become effective, Borrower the Borrowers shall pay all accrued and unpaid fees accrued for the account of the replaced Issuing Bank pursuant to Section 2.05(c2.05(c)(ii). From The acceptance of any appointment as the Issuing Bank hereunder by a successor Lender shall be evidenced by an agreement entered into by such successor, in a form satisfactory to the Borrowers and the Administrative Agent, and, from and after the effective date of any such resignation or replacement or addition, as applicableagreement, (i) the such successor or additional Issuing Bank Lender shall have all the rights and obligations of the previous Issuing Bank under this Agreement with respect to Letters of Credit to be issued by it thereafter and the other Loan Documents and (ii) references herein and in the other Loan Documents to the term “Issuing Bank” shall be deemed to refer to such successor or such addition or to any previous Issuing Bank, or to such successor or such addition and all previous Issuing Banks, as the context shall require. After the resignation or replacement removal of an the Issuing Bank hereunder, the replaced retiring Issuing Bank shall remain a party hereto and shall continue to have all the rights and obligations of an Issuing Bank under this Agreement and the other Loan Documents with respect to Letters of Credit issued by it prior to such resignation or replacementremoval, but shall not be required to issue additional Letters of Credit. If at any time there is more than one Issuing Bank hereunder, Borrower may, in its discretion, select which Issuing Bank is to issue any particular Letter of Credit.

Appears in 6 contracts

Samples: Credit Agreement (El Paso Electric Co /Tx/), Credit Agreement (El Paso Electric Co /Tx/), Credit Agreement (El Paso Electric Co /Tx/)

Resignation or Removal of the Issuing Bank. The Issuing Bank may resign as Issuing Bank hereunder at any time upon at least 30 days’ prior written notice to the Lenders, the Administrative Agent and the Borrower. The Issuing Bank may be replaced at any time by written agreement among Borrower, each between the Borrower and the Administrative Agent, the replaced provided that so long as no Default or Event of Default exists, such successor Issuing Bank and shall be reasonably acceptable to the successor Borrower. One or more Lenders may be appointed as additional Issuing BankBanks in accordance with subsection (k) below. The Administrative Agent shall notify the Lenders of any such replacement of the Issuing Bank or any such additional Issuing Bank. At the time any such resignation or replacement shall become effective, the Borrower shall pay all unpaid fees accrued for the account of the replaced Issuing Bank pursuant to Section 2.05(c). From and after the effective date of any such resignation or replacement or addition, as applicable, (i) the successor or additional Issuing Bank shall have all the rights and obligations of the Issuing Bank under this Agreement with respect to Letters of Credit to be issued by it thereafter and (ii) references herein to the term “Issuing Bank” shall be deemed to refer to such successor or such addition or to any previous Issuing Bank, or to such successor or such addition additional Issuing Bank and all previous Issuing Banks, as the context shall require. After the resignation or replacement of an Issuing Bank hereunder, the replaced Issuing Bank shall remain a party hereto and shall continue to have all the rights and obligations of an Issuing Bank under this Agreement with respect to Letters of Credit issued by it prior to such resignation or replacement, but shall not be required to issue additional Letters of Credit. If at any time there is more than one Issuing Bank hereunder, the Borrower may, in its discretion, select which Issuing Bank is to issue any particular Letter of Credit.

Appears in 5 contracts

Samples: Ratification and Amendment Agreement (Cenveo, Inc), Credit Agreement (Cenveo, Inc), Abl Credit Agreement

Resignation or Removal of the Issuing Bank. The Issuing Bank may resign as Issuing Bank hereunder at any time upon at least 30 days’ prior written notice to the Lenders, the Administrative Agent and Borrower. The Issuing Bank may be replaced at any time by written agreement among Borrower, each Agent, the replaced Issuing Bank Administrative Agent and the successor Issuing Bank. The Administrative Agent shall notify the Lenders of any such replacement of the Issuing Bank or any such additional Issuing Bank. At the time any such resignation or replacement shall become effective, Borrower shall pay all unpaid fees accrued for the account of the replaced Issuing Bank pursuant to Section 2.05(c). From and after the effective date of any such resignation or replacement or addition, as applicable, (i) the successor or additional Issuing Bank shall have all the rights and obligations of the Issuing Bank under this Agreement with respect to Letters of Credit to be issued by it thereafter and (ii) references herein and in the other Loan Documents to the term “Issuing Bank” shall be deemed to refer to such successor or such addition or to any previous Issuing Bank, or to such successor or such addition and all previous Issuing Banks, as the context shall require. After the resignation or replacement of an Issuing Bank hereunder, the replaced Issuing Bank shall remain a party hereto and shall continue to have all the rights and obligations of an Issuing Bank under this Agreement with respect to Letters of Credit issued by it prior to such resignation or replacement, but shall not be required to issue additional Letters of Credit. If at any time there is more than one Issuing Bank hereunder, Borrower may, in its discretion, select which Issuing Bank is to issue any particular Letter of Credit.

Appears in 5 contracts

Samples: Credit Agreement (Biglari Holdings Inc.), Credit Agreement (Biglari Holdings Inc.), Credit Agreement (Biglari Holdings Inc.)

Resignation or Removal of the Issuing Bank. The Issuing Bank may resign as Issuing Bank hereunder at any time upon at least 30 days’ prior notice to the Lenders, the Administrative Agent and Borrower. The Issuing Bank may be replaced at any time by written agreement among Borrower, each the Administrative Agent, the replaced Issuing Bank and the successor Issuing Bank. One or more Lenders may be appointed as additional Issuing Banks by written agreement among Borrower, the Administrative Agent (whose consent will not be unreasonably withheld) and the Lender that is to be so appointed. The Administrative Agent shall notify the Lenders of any such resignation or replacement of the Issuing Bank or any such additional Issuing Bank. At the time any such resignation or replacement shall become effective, Borrower shall pay all unpaid fees accrued for the account of the replaced Issuing Bank pursuant to Section 2.05(c). From and after the effective date of any such resignation or resignation, replacement or addition, as applicable, (i) the successor or additional Issuing Bank shall have all the rights and obligations of the Issuing Bank under this Agreement with respect to Letters of Credit to be issued by it thereafter and (ii) references herein to the term “Issuing Bank” shall be deemed to refer to such successor or such addition or to any previous Issuing Bank, or to such successor or such addition and all previous Issuing Banks, as the context shall require. After the resignation or replacement of an Issuing Bank hereunder, the replaced Issuing Bank shall remain a party hereto and shall continue to have all the rights and obligations of an Issuing Bank under this Agreement with respect to Letters of Credit issued by it prior to such resignation or replacement, but shall not be required to issue additional Letters of Credit. If at any time there is more than one Issuing Bank hereunder, Borrower may, in its discretion, select which Issuing Bank is to issue any particular Letter of Credit.

Appears in 5 contracts

Samples: Credit Agreement (Cpi International, Inc.), Credit Agreement (Cpi International, Inc.), Credit Agreement (Cpi International, Inc.)

Resignation or Removal of the Issuing Bank. The Issuing Bank may resign as Issuing Bank hereunder at any time upon at least by giving 30 days’ prior written notice to the LendersAdministrative Agent, the Lenders and the Borrower, and may be removed at any time by the Borrower by notice to the Issuing Bank, the Administrative Agent and Borrowerthe Lenders. The Upon the acceptance of any appointment as the Issuing Bank may be replaced at any time hereunder by written agreement among Borrower, each Agent, the replaced Issuing Bank and the a Lender that shall agree to serve as successor Issuing Bank. The Administrative Agent , such successor shall notify succeed to and become vested with all the Lenders of any such replacement interests, rights and obligations of the Issuing Bank or any such additional retiring Issuing Bank. At the time any such removal or resignation or replacement shall become effective, the Borrower shall pay all accrued and unpaid fees accrued for the account of the replaced Issuing Bank pursuant to Section 2.05(c2.05(c)(ii). From The acceptance of any appointment as the Issuing Bank hereunder by a successor Lender shall be evidenced by an agreement entered into by such successor, in a form satisfactory to the Borrower and the Administrative Agent, and, from and after the effective date of any such resignation or replacement or addition, as applicable, agreement (i) the such successor or additional Issuing Bank Lender shall have all the rights and obligations of the previous Issuing Bank under this Agreement with respect to Letters of Credit to be issued by it thereafter and the other Loan Documents and (ii) references herein and in the other Loan Documents to the term “Issuing Bank” shall be deemed to refer to such successor or such addition or to any previous Issuing Bank, or to such successor or such addition and all previous Issuing Banks, as the context shall require. After the resignation or replacement removal of an the Issuing Bank hereunder, the replaced retiring Issuing Bank Bank, shall remain a party hereto and shall continue to have all the rights and obligations of an Issuing Bank under this Agreement and the other Loan Documents with respect to Letters of Credit issued by it prior to such resignation or replacementremoval, but shall not be required to issue additional Letters of Credit. If at any time there is more than one Issuing Bank hereunder, Borrower may, in its discretion, select which Issuing Bank is to issue any particular Letter of Credit.

Appears in 5 contracts

Samples: First Lien Credit Agreement (STR Holdings LLC), First Lien Credit Agreement (STR Holdings LLC), First Lien Credit Agreement (STR Holdings (New) LLC)

Resignation or Removal of the Issuing Bank. The Issuing Bank may resign as Issuing Bank hereunder at any time upon at least by giving 30 days’ prior written notice to the LendersAdministrative Agent, the Lenders and the Borrower, and may be removed at any time by the Borrower by notice to the Issuing Bank, the Administrative Agent and Borrowerthe Lenders. The Subject to the next succeeding paragraph, upon the acceptance of any appointment as the Issuing Bank may be replaced at any time hereunder by written agreement among Borrowera Lender that shall agree to serve as successor Issuing Bank, each Agentsuch successor shall succeed to and become vested with all the interests, rights and obligations of the replaced retiring Issuing Bank and the successor Issuing Bank. The Administrative Agent shall notify the Lenders of any such replacement of the retiring Issuing Bank or any such shall be discharged from its obligations to issue additional Issuing BankLetters of Credit hereunder. At the time any such removal or resignation or replacement shall become effective, the Borrower shall pay all accrued and unpaid fees accrued for the account of the replaced Issuing Bank pursuant to Section 2.05(c2.05(c)(ii). From The acceptance of any appointment as the Issuing Bank hereunder by a successor Lender shall be evidenced by an agreement entered into by such successor, in a form satisfactory to the Borrower and the Administrative Agent, and, from and after the effective date of any such resignation or replacement or addition, as applicableagreement, (i) the such successor or additional Issuing Bank Lender shall have all the rights and obligations of the previous Issuing Bank under this Agreement with respect to Letters of Credit to be issued by it thereafter and the other Loan Documents and (ii) references herein and in the other Loan Documents to the term “Issuing Bank” shall be deemed to refer to such successor or such addition or to any previous Issuing Bank, or to such successor or such addition and all previous Issuing Banks, as the context shall require. After the resignation or replacement removal of an the Issuing Bank hereunder, the replaced retiring Issuing Bank shall remain a party hereto and shall continue to have all the rights and obligations of an Issuing Bank under this Agreement and the other Loan Documents with respect to Letters of Credit issued by it prior to such resignation or replacementremoval, but shall not be required to issue additional Letters of Credit. If at any time there is more than one Issuing Bank hereunder, Borrower may, in its discretion, select which Issuing Bank is to issue any particular Letter of Credit.

Appears in 5 contracts

Samples: Credit Agreement (Cbre Holding Inc), Credit Agreement (Transdigm Inc), Credit Agreement (Cb Richard Ellis Group Inc)

Resignation or Removal of the Issuing Bank. The Any Issuing Bank may resign as Issuing Bank hereunder at any time upon at least 30 days’ prior written notice to the Lenders, the Administrative Agent and the Borrower. The Following such resignation, such Issuing Bank may be replaced at any time by written agreement among the Borrower, each Agent, the replaced Issuing Bank Administrative Agent and the successor Issuing Bank. The Administrative Agent shall notify the Lenders of any such replacement of the such Issuing Bank or any such additional Issuing Bank. At the time any such resignation or replacement shall become effective, the Borrower shall pay all unpaid fees accrued for the account of the replaced Issuing Bank pursuant to Section 2.05(c). From and after the effective date of any such resignation or replacement or addition, as applicable, (i) the successor or additional Issuing Bank shall have all the rights and obligations of the replaced Issuing Bank under this Agreement with respect to Letters of Credit to be issued by it thereafter and (ii) references herein and in the other Loan Documents to the term “Issuing Bank” shall be deemed to refer to such successor or such addition or to any previous Issuing Bank, or to such successor or such addition and all previous Issuing Banks, as the context shall require. After the resignation or replacement of an Issuing Bank hereunder, the replaced Issuing Bank shall remain a party hereto and shall continue to have all the rights and obligations of an Issuing Bank under this Agreement with respect to Letters of Credit issued by it prior to such resignation or replacement, but shall not be required to issue additional Letters of Credit. If at any time there is more than one Issuing Bank hereunder, the Borrower may, in its discretion, select which Issuing Bank is to issue any particular Letter of Credit.

Appears in 5 contracts

Samples: Credit Agreement (Surgery Partners, Inc.), Credit Agreement (Surgery Partners, Inc.), Term Loan Amendment (Surgery Partners, Inc.)

Resignation or Removal of the Issuing Bank. The Any Issuing Bank may resign as Issuing Bank hereunder at any time upon at least 30 days' prior written notice to the Lenders, the Administrative Agent and Borrowerthe Company. The Any Issuing Bank may be replaced at any time by written agreement among Borrowerbetween the Company and the Administrative Agent; provided that so long as no Event of Default under Section 10.01 or Section 10.05 is then continuing, each Agent, the replaced such successor Issuing Bank and shall be reasonably acceptable to the successor Company. One or more Lenders may be appointed as additional Issuing BankBanks in accordance with clause (k) below. The Administrative Agent shall notify the Lenders of any such replacement of the such Issuing Bank or any such additional Issuing Bank. At the time any such resignation or replacement shall become effective, Borrower the Company shall pay all unpaid fees accrued for the account of the replaced Issuing Bank pursuant to Section 2.05(c). From and after the effective date of any such resignation or replacement or addition, as applicable, (i) the successor or additional Issuing Bank shall have all the rights and obligations of the an Issuing Bank under this Agreement with respect to Letters of Credit to be issued by it thereafter and (ii) references herein to the term "Issuing Bank" shall be deemed to refer to such successor or such addition or to any previous Issuing Bank, or to such successor or such addition additional Issuing Bank and all previous Issuing Banks, as the context shall require. After the resignation or replacement of an Issuing Bank hereunder, the replaced Issuing Bank shall remain a party hereto and shall continue to have all the rights and obligations of an Issuing Bank under this Agreement with respect to Letters of Credit issued by it prior to such resignation or replacement, but shall not be required to issue additional Letters of Credit. If at any time there is more than one Issuing Bank hereunder, Borrower the Company may, in its discretion, select which Issuing Bank is to issue any particular Letter of Credit.

Appears in 4 contracts

Samples: Credit Agreement (SunOpta Inc.), Credit Agreement (SunOpta Inc.), Restatement Agreement (SunOpta Inc.)

Resignation or Removal of the Issuing Bank. The Issuing Bank may resign as Issuing Bank hereunder at any time upon at least by giving 30 days’ prior written notice to the LendersAdministrative Agent, the Lenders and the U.S. Borrower, and may be removed at any time by the U.S. Borrower by notice to the Issuing Bank, the Administrative Agent and Borrowerthe Lenders. The Upon the acceptance of any appointment as the Issuing Bank may be replaced at any time hereunder by written agreement among Borrower, each Agent, the replaced Issuing Bank and the a Lender that shall agree to serve as successor Issuing Bank. The Administrative Agent , such successor shall notify succeed to and become vested with all the Lenders of any such replacement interests, rights and obligations of the Issuing Bank or any such additional retiring Issuing Bank. At the time any such removal or resignation or replacement shall become effective, the U.S. Borrower shall pay all accrued and unpaid fees accrued for the account of the replaced Issuing Bank pursuant to Section 2.05(c2.05(c)(ii). From The acceptance of any appointment as the Issuing Bank hereunder by a successor Lender shall be evidenced by an agreement entered into by such successor, in a form satisfactory to the U.S. Borrower and the Administrative Agent, and, from and after the effective date of any such resignation or replacement or addition, as applicableagreement, (i) the such successor or additional Issuing Bank Lender shall have all the rights and obligations of the previous Issuing Bank under this Agreement with respect to Letters of Credit to be issued by it thereafter and the other Loan Documents and (ii) references herein and in the other Loan Documents to the term “Issuing Bank” shall be deemed to refer to such successor or such addition or to any previous Issuing Bank, or to such successor or such addition and all previous Issuing Banks, as the context shall require. After the resignation or replacement removal of an the Issuing Bank hereunder, the replaced retiring Issuing Bank shall remain a party hereto and shall continue to have all the rights and obligations of an Issuing Bank under this Agreement and the other Loan Documents with respect to Letters of Credit issued by it prior to such resignation or replacementremoval, but shall not be required to issue additional Letters of Credit. If at any time there is more than one Issuing Bank hereunder, Borrower may, in its discretion, select which Issuing Bank is to issue any particular Letter of Credit.

Appears in 4 contracts

Samples: Incremental Assumption Agreement and Third Amendment to Third Amended and Restated Credit Agreement (Lindblad Expeditions Holdings, Inc.), Credit Agreement (Lindblad Expeditions Holdings, Inc.), Credit Agreement (Lindblad Expeditions Holdings, Inc.)

Resignation or Removal of the Issuing Bank. The Any Issuing Bank may resign as Issuing Bank hereunder at any time upon at least 30 days’ prior written notice to the Lenders, the Administrative Agent and Borrowerthe Company. The Any Issuing Bank may be replaced at any time by written agreement among Borrowerbetween the Company and the Administrative Agent; provided that so long as no Event of Default under Section 10.01 or Section 10.05 is then continuing, each Agent, the replaced such successor Issuing Bank and shall be reasonably acceptable to the successor Company. One or more Lenders may be appointed as additional Issuing BankBanks in accordance with clause (k) below. The Administrative Agent shall notify the Lenders of any such replacement of the such Issuing Bank or any such additional Issuing Bank. At the time any such resignation or replacement shall become effective, Borrower the Company shall pay all unpaid fees accrued for the account of the replaced Issuing Bank pursuant to Section 2.05(c). From and after the effective date of any such resignation or replacement or addition, as applicable, (i) the successor or additional Issuing Bank shall have all the rights and obligations of the an Issuing Bank under this Agreement with respect to Letters of Credit to be issued by it thereafter and (ii) references herein to the term “Issuing Bank” shall be deemed to refer to such successor or such addition or to any previous Issuing Bank, or to such successor or such addition additional Issuing Bank and all previous Issuing Banks, as the context shall require. After the resignation or replacement of an Issuing Bank hereunder, the replaced Issuing Bank shall remain a party hereto and shall continue to have all the rights and obligations of an Issuing Bank under this Agreement with respect to Letters of Credit issued by it prior to such resignation or replacement, but shall not be required to issue additional Letters of Credit. If at any time there is more than one Issuing Bank hereunder, Borrower the Company may, in its discretion, select which Issuing Bank is to issue any particular Letter of Credit.

Appears in 4 contracts

Samples: Credit Agreement (SunOpta Inc.), Credit Agreement (SunOpta Inc.), Credit Agreement (SunOpta Inc.)

Resignation or Removal of the Issuing Bank. The Any Issuing Bank may resign as Issuing Bank hereunder at any time upon at least by giving 30 days’ prior written notice to the LendersAdministrative Agent, the Lenders and the Borrower, and may be removed at any time by the Borrower by notice to such Issuing Bank, the Administrative Agent and Borrowerthe Lenders. The Upon the acceptance of any appointment as an Issuing Bank may be replaced at any time hereunder by written agreement among Borrowera Lender that shall agree to serve as successor Issuing Bank, each Agentsuch successor shall succeed to and become vested with all the interests, rights and obligations of the replaced retiring Issuing Bank and the successor Issuing Bank. The Administrative Agent shall notify the Lenders of any such replacement of the retiring Issuing Bank shall be discharged from its obligations to issue additional, extend, or any such additional Issuing Bankincrease the amount of Letters of Credit hereunder without affecting its rights and obligations with respect to Letters of Credit previously issued by it. At the time any such removal or resignation or replacement shall become effective, the Borrower shall pay all accrued and unpaid fees accrued for the account of the replaced Issuing Bank pursuant to Section 2.05(c2.05(c)(ii). From The acceptance of any appointment as an Issuing Bank hereunder by a successor Lender shall be evidenced by an agreement entered into by such successor, in a form reasonably satisfactory to the Borrower and the Administrative Agent, and, from and after the effective date of any such resignation or replacement or addition, as applicableagreement, (i) the such successor or additional Issuing Bank Lender shall have all the rights and obligations of the previous Issuing Bank under this Agreement with respect to Letters of Credit to be issued by it thereafter and the other Loan Documents and (ii) references herein and in the other Loan Documents to the term “Issuing Bank” shall be deemed to refer to such successor or such addition or to any previous Issuing Bank, or to such successor or such addition and all previous Issuing Banks, as the context shall require. After the resignation or replacement removal of an the Issuing Bank hereunder, the replaced retiring Issuing Bank shall remain a party hereto and shall continue to have all the rights and obligations of an Issuing Bank under set forth in this Agreement and the other Loan Documents with respect to Letters of Credit issued by it prior to such resignation or replacementremoval, but but, after receipt by the Administrative Agent, the Lenders and the Borrower of notice of resignation from an Issuing Bank or after the receipt by an Issuing Bank, the Administrative Agent and the Lenders of notice of removal from the Borrower, as applicable, such Issuing Bank shall not be required to issue additional Letters of Credit. If at any time there is more than one Issuing Bank hereunder, Borrower may, in its discretion, select which Issuing Bank is to issue any particular Letter Credit or extend or increase the amount of CreditLetters of Credit then outstanding.

Appears in 4 contracts

Samples: Credit Agreement (NRG Energy, Inc.), Credit Agreement (NRG Energy, Inc.), Credit Agreement (NRG Energy, Inc.)

Resignation or Removal of the Issuing Bank. The Issuing Bank may resign as Issuing Bank hereunder at any time upon at least 30 days’ prior written notice to the Lenders, the Administrative Agent and the Borrower. The Issuing Bank may be replaced at any time by written agreement among the Borrower, each Agent, the replaced Issuing Bank and the successor Issuing Bank. The Borrower shall notify the Administrative Agent and then the Administrative Agent shall notify the Lenders of any such replacement of the Issuing Bank or any such additional Issuing Bank. At the time any such resignation or replacement shall become effective, the Borrower shall pay all unpaid fees accrued for the account of the replaced Issuing Bank pursuant to Section 2.05(c2.05(d). From and after the effective date of any such resignation or replacement or additionreplacement, as applicable, (i) the successor or additional Issuing Bank shall have all of the rights and obligations of the Issuing Bank under this Agreement with respect to Letters of Credit to be issued by it thereafter and (ii) references herein and in the other Loan Documents to the term “Issuing Bank” shall be deemed to refer to such successor or such addition or to any previous Issuing Bank, or to such successor or such addition and all previous Issuing Banks, as the context shall require. After the resignation or replacement of an Issuing Bank hereunder, the replaced Issuing Bank shall remain a party hereto and shall continue to have all of the rights and obligations of an Issuing Bank under this Agreement with respect to Letters of Credit issued by it prior to such resignation or replacement, but shall not be required to issue additional Letters of Credit. If at any time there is more than one Issuing Bank hereunder, Borrower may, in its discretion, select which Issuing Bank is to issue any particular Letter of Credit.

Appears in 4 contracts

Samples: Credit Agreement (Cvent Holding Corp.), Credit Agreement (Dragoneer Growth Opportunities Corp. II), Credit Agreement (Ping Identity Holding Corp.)

Resignation or Removal of the Issuing Bank. The Issuing Bank may resign as Issuing Bank hereunder at any time upon at least 30 days’ prior notice to the Lenders, the Administrative Agent and U.S. Borrower. The Issuing Bank may be replaced at any time by written agreement among U.S. Borrower, each Agent, the replaced Issuing Bank and the successor Issuing Bank. The Administrative Agent shall notify the Lenders of any such replacement of the Issuing Bank or any such additional Issuing Bank. At the time any such resignation or replacement shall become effective, U.S. Borrower shall pay all unpaid fees accrued for the account of the replaced Issuing Bank pursuant to Section 2.05(c). From and after the effective date of any such resignation or replacement or addition, as applicable, (i) the successor or additional Issuing Bank shall have all the rights and obligations of the Issuing Bank under this Agreement with respect to Letters of Credit to be issued by it thereafter and (ii) references herein to the term “Issuing Bank” shall be deemed to refer to such successor or such addition or to any previous Issuing Bank, or to such successor or such addition and all previous Issuing Banks, as the context shall require. After the resignation or replacement of an Issuing Bank hereunder, the replaced Issuing Bank shall remain a party hereto and shall continue to have all the rights and obligations of an Issuing Bank under this Agreement with respect to Letters of Credit issued by it prior to such resignation or replacement, but shall not be required to issue additional Letters of Credit. If at any time there is more than one Issuing Bank hereunder, U.S. Borrower may, in its discretion, select which Issuing Bank is to issue any particular Letter of Credit.

Appears in 4 contracts

Samples: Credit Agreement (Ply Gem Holdings Inc), Credit Agreement (Ply Gem Holdings Inc), Credit Agreement (Ply Gem Holdings Inc)

Resignation or Removal of the Issuing Bank. The Issuing Bank may resign as Issuing Bank hereunder at any time upon at least 30 days’ prior notice to the Lenders, the Administrative Agent and Borrower. The Issuing Bank may be replaced at any time by written agreement among Borrower, each the Administrative Agent, the replaced Issuing Bank and the successor Issuing Bank. The Administrative Agent shall notify the Lenders of any such replacement of the Issuing Bank or any such additional Issuing Bank. At the time any such resignation or replacement of the Issuing Bank shall become effective, Borrower shall pay all unpaid fees accrued for the account of the replaced retiring Issuing Bank pursuant to Section 2.05(c). From and after the effective date of any such resignation or replacement or addition, as applicablereplacement, (i) the successor or additional Issuing Bank shall have all the rights and obligations of the Issuing Bank under this Agreement with respect to Letters of Credit to be issued by it thereafter and (ii) references herein to the term “Issuing Bank” shall be deemed to refer to such successor or such addition or to any previous Issuing Bank, or to such successor or such addition and all previous Issuing Banks, as the context shall require. After the resignation or replacement of an Issuing Bank hereunderBank, the replaced Issuing Bank shall remain a party hereto and shall continue to have all the rights and obligations of an Issuing Bank under this Agreement with respect to Letters of Credit issued by it prior to such resignation or replacement, but shall not be required to issue additional Letters of Credit. If at any time there is more than one Issuing Bank hereunder, Borrower may, in its discretion, select which Issuing Bank is to issue any particular Letter of Credit.

Appears in 4 contracts

Samples: Credit Agreement (CSG Systems International Inc), Credit Agreement (CSG Systems International Inc), Credit Agreement (CSG Systems International Inc)

Resignation or Removal of the Issuing Bank. The Each Issuing Bank may resign as an Issuing Bank hereunder at any time upon at least 30 thirty (30) days’ prior written notice to the Lenders, the Administrative Revolving Agent and the Borrower. The An Issuing Bank may be replaced at any time by written agreement among the Borrower, each Agent, . The Borrower shall promptly notify the replaced Issuing Bank Revolving Agent and the successor Issuing Bank. The Administrative Revolving Agent shall promptly notify the Issuing Banks and the Lenders of any such replacement of the Issuing Bank or any such additional an Issuing Bank. At the time any such resignation or replacement shall become effective, the Borrower shall pay all unpaid fees accrued for the account of the replaced Issuing Bank pursuant to Section 2.05(c3.01(b) and, if an to the extent requested by the replaced Issuing Bank (and as a condition to the effectiveness of such resignation or replacement), any Letter of Credit issued by such replaced Issuing Bank shall have expired in accordance with its terms or shall have been cancelled at the request of the beneficiary(ies) thereof, in each case without any pending drawing thereon, or shall have been Cash Collateralized or backstopped, as so requested. From and after the effective date of any such resignation or replacement or additionreplacement, as applicable, (i) the successor or additional Issuing Bank shall have all the rights and obligations of the Issuing Bank under this Agreement with respect to Letters of Credit to be issued by it thereafter and (ii) references herein and in the other Loan Documents to the term “Issuing Bank” shall be deemed to refer to such successor or such addition additional or to any previous Issuing Bank, or to such successor or such addition additional and all previous Issuing Banks, as the context shall require. After the resignation or replacement of an Issuing Bank hereunder, the replaced Issuing Bank shall remain a party hereto and shall continue to have all the rights and obligations of an Issuing Bank under this Agreement with respect to Letters of Credit issued by it prior to such resignation or replacement, but shall not be required to issue additional Letters of Credit. If at issue, amend or extend any time there is more than one Issuing Bank hereunder, Borrower may, in its discretion, select which Issuing Bank is to issue any particular Letter of Credit.

Appears in 4 contracts

Samples: Credit and Guarantee Agreement (Infrastructure & Energy Alternatives, Inc.), Credit and Guarantee Agreement (Infrastructure & Energy Alternatives, Inc.), Credit and Guarantee Agreement (Infrastructure & Energy Alternatives, Inc.)

Resignation or Removal of the Issuing Bank. The An Issuing Bank may resign as Issuing Bank hereunder at any time upon at least 30 thirty days’ prior written notice to the Lenders, the Administrative Agent and Borrowerthe Borrower Agent. The An Issuing Bank may be replaced or removed at any time by the Borrower by written agreement among Borrower, each Agent, notice to the Administrative Agent and the replaced or removed Issuing Bank and (and, in the successor case of a replacement, with the agreement of the replacement Issuing Bank). The Administrative Agent shall notify the Lenders of any such resignation, replacement or removal of the such Issuing Bank or any such additional Issuing Bank. At the time any such resignation resignation, replacement or replacement removal shall become effective, the Borrower Agent shall pay all unpaid fees accrued for the account of the resigning, replaced or removed Issuing Bank pursuant to Section 2.05(c4.10(c). From and after the effective date of any such resignation or resignation, replacement or additionremoval, as applicable, (i) the successor or additional Issuing Bank shall have all the rights and obligations of the Issuing Bank under this Agreement with respect to Letters of Credit to be issued by it thereafter and (ii) references herein and in the other Loan Documents to the term “Issuing Bank” shall be deemed to refer to such successor or such addition or to any previous Issuing Bank, or to such successor or such addition and all previous Issuing Banks, as the context shall require. After the resignation or replacement of an Issuing Bank hereunder, the replaced Issuing Bank shall remain a party hereto and shall continue to have all the rights and obligations of an Issuing Bank under this Agreement with respect to Letters of Credit issued by it prior to such resignation or replacement, but shall not be required to issue additional Letters of Credit. If at any time there is more than one Issuing Bank hereunder, Borrower may, in its discretion, select which Issuing Bank is to issue any particular Letter of Credit.

Appears in 4 contracts

Samples: Abl Credit Agreement (Cumulus Media Inc), Abl Credit Agreement (Cumulus Media Inc), Abl Credit Agreement (Cumulus Media Inc)

Resignation or Removal of the Issuing Bank. The Issuing Bank may resign as Issuing Bank hereunder at any time upon at least 30 days’ prior notice to the Lenders, the Administrative Agent and Borrower. The Issuing Bank may be replaced at any time by written agreement among Borrower, each Agent, the replaced Issuing Bank and the successor Issuing Bank. The Administrative Agent shall notify the Lenders of any such replacement of the Issuing Bank or any such additional Issuing Bank. At the time any such resignation or replacement shall become effective, Borrower shall pay all unpaid fees accrued for the account of the replaced Issuing Bank pursuant to Section 2.05(c). From and after the effective date of any such resignation or replacement or addition, as applicable, (i) the successor or additional Issuing Bank shall have all the rights and obligations of the Issuing Bank under this Agreement with respect to Letters of Credit to be issued by it thereafter and (ii) references herein to the term “Issuing Bank” shall be deemed to refer to such successor or such addition additional or to any previous Issuing Bank, or to such successor or such addition additional and all previous Issuing Banks, as the context shall require. After the resignation or replacement of an Issuing Bank hereunder, the replaced Issuing Bank shall remain a party hereto and shall continue to have all the rights and obligations of an Issuing Bank under this Agreement with respect to Letters of Credit issued by it prior to such resignation or replacement, but shall not be required to issue additional Letters of Credit. If at any time there is more than one Issuing Bank hereunder, Borrower may, in its discretion, select which Issuing Bank is to issue any particular Letter of Credit.

Appears in 3 contracts

Samples: Credit Agreement (Basic Energy Services Inc), Credit Agreement (Basic Energy Services Inc), Credit Agreement (Basic Energy Services Inc)

Resignation or Removal of the Issuing Bank. The Issuing Bank may resign as Issuing Bank hereunder at any time upon at least 30 thirty (30) days’ prior written notice to the Lenders, the Administrative Agent and Borrower. The Issuing Bank may be replaced at any time by written agreement among Borrower, each the Administrative Agent, the replaced Issuing Bank and the successor Issuing Bank. The Administrative Agent shall notify the Lenders of any such replacement of the Issuing Bank or any such additional Issuing Bank. At the time any such resignation or replacement shall become effective, Borrower shall pay all unpaid fees accrued for the account of the replaced Issuing Bank pursuant to Section 2.05(c). From and after the effective date of any such resignation or replacement or addition, as applicable, (i) the successor or additional Issuing Bank shall have all the rights and obligations of the Issuing Bank under this Agreement with respect to Letters of Credit to be issued by it thereafter and (ii) references herein and in the other Loan Documents to the term “Issuing Bank” shall be deemed to refer to such successor or such addition or to any previous Issuing Bank, or to such successor or such addition and all previous Issuing Banks, as the context shall require. After the resignation or replacement of an Issuing Bank hereunder, the replaced Issuing Bank shall remain a party hereto and shall continue to have all the rights and obligations of an Issuing Bank under this Agreement with respect to Letters of Credit issued by it prior to such resignation or replacement, but shall not be required to issue additional Letters of Credit. If at any time there is more than one Issuing Bank hereunder, Borrower may, in its discretion, select which Issuing Bank is to issue any particular Letter of Credit.

Appears in 3 contracts

Samples: Credit Agreement (Edgen Group Inc.), Credit Agreement (Edgen Group Inc.), Credit Agreement (Edgen Group Inc.)

Resignation or Removal of the Issuing Bank. The Issuing Bank may resign as Issuing Bank hereunder at any time upon at least by giving 30 days’ prior written notice to the LendersAdministrative Agent, the Lenders and the Borrower, and may be removed at any time by the Borrower by notice to the Issuing Bank, the Administrative Agent and Borrowerthe Lenders. The Subject to the next succeeding paragraph, upon the acceptance of any appointment as the Issuing Bank may be replaced at any time hereunder by written agreement among Borrowera Lender that shall agree to serve as successor Issuing Bank, each Agentsuch successor shall succeed to and become vested with all the interests, rights and obligations of the replaced retiring Issuing Bank and the successor Issuing Bank. The Administrative Agent shall notify the Lenders of any such replacement of the retiring Issuing Bank or any such shall be discharged from its obligations to issue additional Issuing BankLetters of Credit hereunder. At the time any such removal or resignation or replacement shall become effective, the Borrower shall pay all accrued and unpaid fees accrued for the account of the replaced Issuing Bank pursuant to Section 2.05(c2.5(c)(ii). From The acceptance of any appointment as the Issuing Bank hereunder by a successor Lender shall be evidenced by an agreement entered into by such successor, in a form satisfactory to the Borrower and the Administrative Agent, and, from and after the effective date of any such resignation or replacement or addition, as applicableagreement, (i) the such successor or additional Issuing Bank Lender shall have all the rights and obligations of the previous Issuing Bank under this Agreement with respect to Letters of Credit to be issued by it thereafter and the other Loan Documents and (ii) references herein and in the other Loan Documents to the term “Issuing Bank” shall be deemed to refer to such successor or such addition or to any previous Issuing Bank, or to such successor or such addition and all previous Issuing Banks, as the context shall require. After the resignation or replacement removal of an the Issuing Bank hereunder, the replaced retiring Issuing Bank shall remain a party hereto and shall continue to have all the rights and obligations of an Issuing Bank under this Agreement and the other Loan Documents with respect to Letters of Credit issued by it prior to such resignation or replacementremoval, but shall not be required to issue additional Letters of Credit. If at any time there is more than one Issuing Bank hereunder, Borrower may, in its discretion, select which Issuing Bank is to issue any particular Letter of Credit.

Appears in 3 contracts

Samples: Credit Agreement (Daramic, LLC), Credit Agreement (Polypore International, Inc.), Credit Agreement (Polypore International, Inc.)

Resignation or Removal of the Issuing Bank. The Issuing Bank may resign as Issuing Bank hereunder at any time upon at least 30 days’ prior written notice to the Lenders, the Administrative Agent and Lead Borrower. The Issuing Bank may be replaced at any time by written agreement among Borrower, each Agent, the replaced Issuing Bank between Lead Borrower and the successor Administrative Agent. One or more Lenders may be appointed as additional Issuing BankBanks in accordance with clause (k) below. The Administrative Agent shall notify the Lenders of any such replacement of the Issuing Bank or any such additional Issuing Bank. At the time any such resignation or replacement shall become effective, Lead Borrower shall pay all unpaid fees accrued for the account of the replaced Issuing Bank pursuant to Section 2.05(c). From and after the effective date of any such resignation or replacement or addition, as applicable, (i) the successor or additional Issuing Bank shall have all the rights and obligations of the Issuing Bank under this Agreement with respect to Letters of Credit to be issued by it thereafter and (ii) references herein to the term “Issuing Bank” shall be deemed to refer to such successor or such addition or to any previous Issuing Bank, or to such successor or such addition additional Issuing Bank and all previous Issuing Banks, as the context shall require. After the resignation or replacement of an Issuing Bank hereunder, the replaced Issuing Bank shall remain a party hereto and shall continue to have all the rights and obligations of an Issuing Bank under this Agreement with respect to Letters of Credit issued by it prior to such resignation or replacement, but shall not be required to issue additional Letters of Credit. If at any time there is more than one Issuing Bank hereunder, Lead Borrower may, in its discretion, select which Issuing Bank is to issue any particular Letter of Credit.

Appears in 3 contracts

Samples: Revolving Credit Agreement (VERRA MOBILITY Corp), Revolving Credit Agreement (VERRA MOBILITY Corp), Revolving Credit Agreement (VERRA MOBILITY Corp)

Resignation or Removal of the Issuing Bank. The Issuing Bank may resign as Issuing Bank hereunder at any time upon at least 30 days’ prior notice to the Lenders, the Administrative Agent Agents and Administrative Borrower. The Issuing Bank may be replaced at any time by written agreement among BorrowerUS Borrowers, each Agent, the replaced Issuing Bank and the successor Issuing Bank. The US Administrative Agent shall notify the Lenders of any such replacement of the Issuing Bank or any such additional Issuing Bank. At the time any such resignation or replacement shall become effective, Borrower US Borrowers shall pay all unpaid fees accrued for the account of the replaced Issuing Bank pursuant to Section 2.05(c). From and after the effective date of any such resignation or replacement or addition, as applicable, (i) the successor or additional Issuing Bank shall have all the rights and obligations of the Issuing Bank under this Agreement with respect to Letters of Credit to be issued by it thereafter and (ii) references herein to the term “Issuing Bank” shall be deemed to refer to such successor or such addition or to any previous Issuing Bank, or to such successor or such addition and all previous Issuing Banks, as the context shall require. After the resignation or replacement of an Issuing Bank hereunder, the replaced Issuing Bank shall remain a party hereto and shall continue to have all the rights and obligations of an Issuing Bank under this Agreement with respect to Letters of Credit issued by it prior to such resignation or replacement, but shall not be required to issue additional Letters of Credit. If at any time there is more than one Issuing Bank hereunder, Borrower US Borrowers may, in its their discretion, select which Issuing Bank is to issue any particular Letter of Credit.

Appears in 3 contracts

Samples: Credit Agreement (Linens N Things Inc), Credit Agreement (Linens N Things Inc), Senior Secured, Super Priority Debtor in Possession and Exit Option Credit Agreement (Linens N Things Inc)

Resignation or Removal of the Issuing Bank. The Issuing Bank may resign as Issuing Bank hereunder at any time upon at least 30 days’ prior notice to the Lenders, the Administrative Agent and Borrower. The Issuing Bank may be replaced at any time by written agreement among Borrower, each the Administrative Agent, the replaced Issuing Bank and the successor Issuing Bank. One or more Lenders may be appointed as additional Issuing Banks in accordance with subsection (k) below. The Administrative Agent shall notify the Lenders of any such replacement of the Issuing Bank or any such additional Issuing Bank. At the time any such resignation or replacement shall become effective, Borrower shall pay all unpaid fees accrued for the account of the replaced Issuing Bank pursuant to Section 2.05(c). From and after the effective date of any such resignation or replacement or addition, as applicable, (i) the successor or additional Issuing Bank shall have all the rights and obligations of the Issuing Bank under this Agreement with respect to Letters of Credit to be issued by it thereafter and (ii) references herein to the term “Issuing Bank” shall be deemed to refer to such successor or such addition or to any previous Issuing Bank, or to such successor or such addition additional Issuing Bank and all previous Issuing Banks, as the context shall require. After the resignation or replacement of an Issuing Bank hereunder, the replaced Issuing Bank shall remain a party hereto and shall continue to have all the rights and obligations of an Issuing Bank under this Agreement with respect to Letters of Credit issued by it prior to such resignation or replacement, but shall not be required to issue additional Letters of Credit. If at any time there is more than one Issuing Bank hereunder, Borrower may, in its discretion, select which Issuing Bank is to issue any particular Letter of Credit.

Appears in 3 contracts

Samples: Credit Agreement (Broder Bros Co), Credit Agreement (General Cable Corp /De/), Credit Agreement (Harry & David Holdings, Inc.)

Resignation or Removal of the Issuing Bank. The Issuing Bank may resign as Issuing Bank hereunder at any time upon at least 30 days’ prior written notice to the Lenders, the Administrative Agent and Borrower. The Following such resignation, the Issuing Bank may be replaced at any time by written agreement among Borrower, each the Administrative Agent, the replaced Issuing Bank and the successor Issuing Bank. The Administrative Agent shall notify the Lenders of any such replacement of the Issuing Bank or any such additional Issuing Bank. At the time any such resignation or replacement shall become effective, Borrower shall pay all unpaid fees accrued for the account of the replaced Issuing Bank pursuant to Section 2.05(c). From and after the effective date of any such resignation or replacement or addition, as applicable, (i) the successor or additional Issuing Bank shall have all the rights and obligations of the Issuing Bank under this Agreement with respect to Letters of Credit to be issued by it thereafter and (ii) references herein and in the other Loan Documents to the term “Issuing Bank” shall be deemed to refer to such successor or such addition or to any previous Issuing Bank, or to such successor or such addition and all previous Issuing Banks, as the context shall require. In the event that the resigning Issuing Bank is the only Issuing Bank under this Agreement at the time of such resignation, such resigning Issuing Bank agrees to use commercially reasonable efforts to find a successor that is willing to accept such appointment; provided, that if such resigning Issuing Bank is unable to find a successor Issuing Bank that is willing to accept such appointment, the resigning Issuing Bank’s resignation shall nevertheless become effective. After the resignation or replacement of an Issuing Bank hereunder, the replaced Issuing Bank shall remain a party hereto and shall continue to have all the rights and obligations of an Issuing Bank under this Agreement with respect to Letters of Credit issued by it prior to before such resignation or replacement, but shall not be required to issue additional Letters of Credit. If at any time there is more than one Issuing Bank hereunder, Borrower may, in its discretion, select which Issuing Bank is to issue any particular Letter of Credit.

Appears in 3 contracts

Samples: Credit Agreement (Internap Corp), Credit Agreement (Internap Corp), Credit Agreement (Internap Network Services Corp)

Resignation or Removal of the Issuing Bank. The Issuing Bank may resign as Issuing Bank hereunder at any time upon at least 30 days’ prior written notice to the Lenders, the Administrative Agent and the Lead Borrower. The Issuing Bank may be replaced at any time by written agreement among Borrowerbetween the Lead Borrower and the Administrative Agent; provided that so long as no Default or Event of Default exists, each Agent, the replaced such successor Issuing Bank and shall be reasonably acceptable to the successor Lead Borrower. One or more Lenders may be appointed as additional Issuing BankBanks in accordance with subsection (k) below. The Administrative Agent shall notify the Lenders of any such replacement of the Issuing Bank or any such additional Issuing Bank. At the time any such resignation or replacement shall become effective, the Lead Borrower shall pay all unpaid fees accrued for the account of the replaced Issuing Bank pursuant to Section 2.05(c). From and after the effective date of any such resignation or replacement or addition, as applicable, (i) the successor or additional Issuing Bank shall have all the rights and obligations of the Issuing Bank under this Agreement with respect to Letters of Credit to be issued by it thereafter and (ii) references herein to the term “Issuing Bank” shall be deemed to refer to such successor or such addition or to any previous Issuing Bank, or to such successor or such addition additional Issuing Bank and all previous Issuing Banks, as the context shall require. After the resignation or replacement of an Issuing Bank hereunder, the replaced Issuing Bank shall remain a party hereto and shall continue to have all the rights and obligations of an Issuing Bank under this Agreement with respect to Letters of Credit issued by it prior to such resignation or replacement, but shall not be required to issue additional Letters of Credit. If at any time there is more than one Issuing Bank hereunder, the Lead Borrower may, in its discretion, select which Issuing Bank is to issue any particular Letter of Credit.

Appears in 3 contracts

Samples: Revolving Credit Agreement (PAE Inc), Revolving Credit Agreement (PAE Inc), Revolving Credit Agreement (PAE Inc)

Resignation or Removal of the Issuing Bank. The Issuing Bank may resign as Issuing Bank hereunder at any time upon at least by giving 30 days’ prior written notice to the LendersAdministrative Agent, the Lenders and the Borrower, and may be removed at any time by the Borrower by notice to the Issuing Bank, the Administrative Agent and Borrowerthe Lenders. The Upon the acceptance of any appointment as the Issuing Bank may be replaced at any time hereunder by written agreement among Borrower, each Agent, the replaced Issuing Bank and a Lender that shall agree to serve as the successor Issuing Bank. The Administrative Agent , such successor shall notify succeed to and become vested with all the Lenders of any such replacement interests, rights and obligations of the Issuing Bank or any such additional retiring Issuing Bank. At the time any such removal or resignation or replacement shall become effective, the Borrower shall pay all accrued and unpaid fees accrued for the account of the replaced Issuing Bank pursuant to Section 2.05(c2.05(c)(ii). From The acceptance of any appointment as the Issuing Bank hereunder by a successor Lender shall be evidenced by an agreement entered into by such successor, in a form satisfactory to the Borrower and the Administrative Agent, and, from and after the effective date of any such resignation or replacement or addition, as applicableagreement, (i) the such successor or additional Issuing Bank Lender shall have all the rights and obligations of the previous Issuing Bank under this Agreement with respect to Letters of Credit to be issued by it thereafter and the other Loan Documents and (ii) references herein and in the other Loan Documents to the term “Issuing Bank” shall be deemed to refer to such successor or such addition or to any previous Issuing Bank, or to such successor or such addition and all previous Issuing Banks, as the context shall require. After the resignation or replacement removal of an the Issuing Bank hereunder, the replaced retiring Issuing Bank shall remain a party hereto and shall continue to have all the rights and obligations of an Issuing Bank under this Agreement and the other Loan Documents with respect to Letters of Credit issued by it prior to such resignation or replacementremoval, but shall not be required to issue additional Letters of Credit. If at any time there is more than one Issuing Bank hereunder, Borrower may, in its discretion, select which Issuing Bank is to issue any particular Letter of Credit.

Appears in 3 contracts

Samples: Credit Agreement (Cactus, Inc.), Credit Agreement (Cactus, Inc.), Credit Agreement (Cactus, Inc.)

Resignation or Removal of the Issuing Bank. The Issuing Bank may resign as Issuing Bank hereunder at any time upon at least 30 days’ prior notice to the Lenders, the Administrative Agent and Borrower. The Issuing Bank may be replaced at any time by written agreement among Borrower, each the Administrative Agent, the replaced Issuing Bank and the successor Issuing Bank. One or more Lenders may be appointed as additional Issuing Banks in accordance with subsection (k) below. The Administrative Agent shall notify the Lenders of any such replacement of the Issuing Bank or any such additional Issuing Bank. At the time any such resignation or replacement shall become effective, Borrower shall pay all unpaid fees accrued for the account of the replaced Issuing Bank pursuant to Section 2.05(c). From and after the effective date of any such resignation or replacement or addition, as applicable, (i) the successor or additional Issuing Bank shall have all the rights and obligations of the Issuing Bank under this Agreement with respect to Letters of Credit to be issued by it thereafter and (ii) references herein to the term "Issuing Bank” shall be deemed to refer to such successor or such addition or to any previous Issuing Bank, or to such successor or such addition additional Issuing Bank and all previous Issuing Banks, as the context shall require. After the resignation or replacement of an Issuing Bank hereunder, the replaced Issuing Bank shall remain a party hereto and shall continue to have all the rights and obligations of an Issuing Bank under this Agreement with respect to Letters of Credit issued by it prior to such resignation or replacement, but shall not be required to issue additional Letters of Credit. If at any time there is more than one Issuing Bank hereunder, Borrower may, in its discretion, select which Issuing Bank is to issue any particular Letter of Credit.

Appears in 3 contracts

Samples: Credit Agreement (General Cable Corp /De/), Credit Agreement (General Cable Corp /De/), Credit Agreement (General Cable Corp /De/)

Resignation or Removal of the Issuing Bank. The Issuing Bank may resign as Issuing Bank hereunder at any time upon at least by giving 30 days’ prior written notice to the LendersAdministrative Agent, the Lenders and the Borrowers, and may be removed at any time by the Borrowers by notice to the Issuing Bank, the Administrative Agent and Borrowerthe Lenders. The Upon the acceptance of any appointment as the Issuing Bank may be replaced at any time hereunder by written agreement among Borrower, each Agent, the replaced Issuing Bank and the a Lender that shall agree to serve as successor Issuing Bank. The Administrative Agent , such successor shall notify succeed to and become vested with all the Lenders of any such replacement interests, rights and obligations of the Issuing Bank or any such additional retiring Issuing Bank. At the time any such removal or resignation or replacement shall become effective, Borrower the Borrowers shall pay all accrued and unpaid fees accrued for the account of the replaced Issuing Bank pursuant to Section 2.05(c2.05(c)(ii). From The acceptance of any appointment as the Issuing Bank hereunder by a successor Lender shall be evidenced by an agreement entered into by such successor, in a form satisfactory to the Borrowers and the Administrative Agent, and, from and after the effective date of any such resignation or replacement or addition, as applicableagreement, (i) the such successor or additional Issuing Bank Lender shall have all the rights and obligations of the previous Issuing Bank under this Agreement with respect to Letters of Credit to be issued by it thereafter and the other Loan Documents and (ii) references herein and in the other Loan Documents to the term “Issuing Bank” shall be deemed to refer to such successor or such addition or to any previous Issuing Bank, or to such successor or such addition and all previous Issuing Banks, as the context shall require. After the resignation or replacement removal of an the Issuing Bank hereunder, the replaced retiring Issuing Bank shall remain a party hereto and shall continue to have all the rights and obligations of an Issuing Bank under this Agreement and the other Loan Documents with respect to Letters of Credit issued by it prior to such resignation or replacementremoval, but shall not be required to issue additional Letters of Credit. If at any time there is more than one Issuing Bank hereunder, Borrower may, in its discretion, select which Issuing Bank is to issue any particular Letter of Credit.

Appears in 3 contracts

Samples: Revolving Credit Agreement (Houghton Mifflin Harcourt Co), Revolving Credit Agreement (Houghton Mifflin Harcourt Co), Superpriority Senior Secured Debtor in Possession and Exit Revolving Credit Agreement (HMH Holdings (Delaware), Inc.)

Resignation or Removal of the Issuing Bank. The Issuing Bank may resign as Issuing Bank hereunder at any time upon at least by giving 30 days’ prior written notice to the Lenders, the Administrative Agent and Borrower. The Issuing Bank may be replaced at any time by written agreement among Borrower, each Agent, the replaced Lenders and the Borrower. Subject to the next succeeding paragraph, upon the acceptance of any appointment as the Issuing Bank hereunder by a Lender that shall agree to serve as successor Issuing Bank, such successor shall succeed to and become vested with all the interests, rights and obligations of the retiring Issuing Bank and the successor Issuing Bank. The Administrative Agent shall notify the Lenders of any such replacement of the retiring Issuing Bank or any such shall be discharged from its obligations to issue additional Issuing BankLetters of Credit hereunder. At the time any such removal or resignation or replacement shall become effective, the Borrower shall pay all accrued and unpaid fees accrued for the account of the replaced Issuing Bank pursuant to Section 2.05(c2.05(c)(ii). From The acceptance of any appointment as the Issuing Bank hereunder by a successor Lender shall be evidenced by an agreement entered into by such successor, in a form satisfactory to the Borrower and the Administrative Agent, and, from and after the effective date of any such resignation or replacement or addition, as applicableagreement, (i) the such successor or additional Issuing Bank Lender shall have all the rights and obligations of the previous Issuing Bank under this Agreement with respect to Letters of Credit to be issued by it thereafter and the other Loan Documents and (ii) references herein and in the other Loan Documents to the term “Issuing Bank” shall be deemed to refer to such successor or such addition or to any previous Issuing Bank, or to such successor or such addition and all previous Issuing Banks, as the context shall require. After the resignation or replacement removal of an the Issuing Bank hereunder, the replaced retiring Issuing Bank shall remain a party hereto and shall continue to have all the rights and obligations of an Issuing Bank under this Agreement and the other Loan Documents with respect to Letters of Credit issued by it prior to such resignation or replacementremoval, but shall not be required to issue additional Letters of Credit. If at any time there is more than one Issuing Bank hereunder, Borrower may, in its discretion, select which Issuing Bank is to issue any particular Letter of Credit.

Appears in 3 contracts

Samples: Credit Agreement (True Temper Sports PRC Holdings Inc), Credit Agreement (True Temper Sports Inc), Credit Agreement (Affirmative Insurance Holdings Inc)

Resignation or Removal of the Issuing Bank. The Any Issuing Bank may resign as Issuing Bank hereunder at any time upon at least 30 days’ prior notice to the Lenders, the Administrative Agent and Borrower. The Such Issuing Bank may be replaced at any time by written agreement among Borrower, each the Administrative Agent, the replaced Issuing Bank and the successor Issuing Bank. The Administrative Agent shall notify the Lenders of any such replacement of the such Issuing Bank or any such additional Issuing Bank. At the time any such resignation or replacement shall become effective, Borrower shall pay all unpaid fees Fronting Fees accrued for the account of the replaced Issuing Bank pursuant to Section 2.05(c). From and after the effective date of any such resignation or replacement or addition, as applicable, (i) the successor or additional Issuing Bank shall have all the rights and obligations of the such Issuing Bank under this Agreement with respect to Letters of Credit to be issued by it thereafter and (ii) references herein to the term “Issuing Bank” shall be deemed to refer to such successor or such addition or to any previous Issuing Bank, or to such successor or such addition and all previous Issuing Banks, as the context shall require. After the resignation or replacement of an Issuing Bank hereunder, the replaced Issuing Bank shall remain a party hereto and shall continue to have all the rights and obligations of an Issuing Bank under this Agreement with respect to Letters of Credit issued by it prior to such resignation or replacement, but shall not be required to issue additional Letters of Credit. If at any time there is more than one Issuing Bank hereunder, Borrower may, in its discretion, select which Issuing Bank is to issue any particular Letter of Credit.

Appears in 3 contracts

Samples: Revolving Credit Agreement (Bankrate, Inc.), Revolving Credit Agreement (Bankrate, Inc.), Revolving Credit Agreement (Bankrate, Inc.)

Resignation or Removal of the Issuing Bank. The Issuing Bank may resign as Issuing Bank hereunder at any time upon at least 30 by giving 45 days’ prior written notice to the LendersAdministrative Agent, the Lenders and the Borrower, and may be removed at any time by the Borrower by notice to the Issuing Bank, the Administrative Agent and Borrowerthe Lenders. The Upon the acceptance of any appointment as the Issuing Bank may be replaced at any time hereunder by written agreement among Borrowera Lender that shall agree to serve as successor Issuing Bank, each Agentsuch successor shall succeed to and become vested with all the interests, rights and obligations of the replaced retiring Issuing Bank and the successor Issuing Bank. The Administrative Agent shall notify the Lenders of any such replacement of the retiring Issuing Bank or any such shall be discharged from its obligations to issue additional Issuing BankLetters of Credit hereunder. At the time any such removal or resignation or replacement shall become effective, the Borrower shall pay all unpaid fees accrued for the account of the replaced Issuing Bank pursuant to clause (ii) of Section 2.05(c). From The acceptance of any appointment as the Issuing Bank hereunder by a successor Lender shall be evidenced by an agreement entered into by such successor, in a form satisfactory to the Borrower and the Administrative Agent, and, from and after the effective date of any such resignation or replacement or addition, as applicableagreement, (i) the such successor or additional Issuing Bank Lender shall have all the rights and obligations of the previous Issuing Bank under this Agreement with respect to Letters of Credit to be issued by it thereafter and the other Loan Documents and (ii) references herein and in the other Loan Documents to the term “Issuing Bank” shall be deemed to refer to such successor or such addition or to any previous Issuing Bank, or to such successor or such addition and all previous Issuing Banks, as the context shall require. After the resignation or replacement removal of an the Issuing Bank hereunder, the replaced retiring Issuing Bank shall remain a party hereto and shall continue to have all the rights and obligations of an Issuing Bank under this Agreement and the other Loan Documents with respect to Letters of Credit issued by it prior to such resignation or replacementremoval, but shall not be required to issue additional Letters of Credit. If at any time there is more than one Issuing Bank hereunder, Borrower may, in its discretion, select which Issuing Bank is to issue any particular Letter of Credit.

Appears in 3 contracts

Samples: Credit Agreement (Alion Science & Technology Corp), Credit Agreement (Alion Science & Technology Corp), Credit Agreement (Alion Science & Technology Corp)

Resignation or Removal of the Issuing Bank. The Any Issuing Bank may resign as Issuing Bank hereunder at any time upon at least 30 days’ prior written notice to the Lenders, the Administrative Agent and Borrowerthe Company. The Any Issuing Bank may be replaced at any time by written agreement among Borrowerbetween the Company and the Administrative Agent; provided that so long as no Default or Event of Default exists, each Agent, the replaced such successor Issuing Bank and shall be reasonably acceptable to the successor Company. One or more Lenders may be appointed as additional Issuing BankBanks in accordance with clause (k) below. The Administrative Agent shall notify the Lenders of any such replacement of the such Issuing Bank or any such additional Issuing Bank. At the time any such resignation or replacement shall become effective, Borrower the Company shall pay all unpaid fees accrued for the account of the replaced Issuing Bank pursuant to Section 2.05(c). From and after the effective date of any such resignation or replacement or addition, as applicable, (i) the successor or additional Issuing Bank shall have all the rights and obligations of the an Issuing Bank under this Agreement with respect to Letters of Credit to be issued by it thereafter and (ii) references herein to the term “Issuing Bank” shall be deemed to refer to such successor or such addition or to any previous Issuing Bank, or to such successor or such addition additional Issuing Bank and all previous Issuing Banks, as the context shall require. After the resignation or replacement of an Issuing Bank hereunder, the replaced Issuing Bank shall remain a party hereto and shall continue to have all the rights and obligations of an Issuing Bank under this Agreement with respect to Letters of Credit issued by it prior to such resignation or replacement, but shall not be required to issue additional Letters of Credit. If at any time there is more than one Issuing Bank hereunder, Borrower the Company may, in its discretion, select which Issuing Bank is to issue any particular Letter of Credit.

Appears in 3 contracts

Samples: Credit Agreement (Resolute Forest Products Inc.), Credit Agreement (Resolute Forest Products Inc.), Credit Agreement (Resolute Forest Products Inc.)

Resignation or Removal of the Issuing Bank. The Issuing Bank may resign as Issuing Bank hereunder at any time upon at least 30 by giving 90 days' prior written notice to the LendersAdministrative Agent, the Lenders and the Borrower, and may be removed at any time by the Borrower by notice to the Issuing Bank, the Administrative Agent and Borrowerthe Lenders. The Subject to the next succeeding paragraph, upon the acceptance of any appointment as the Issuing Bank may be replaced at any time hereunder by written agreement among Borrowera Lender that shall agree to serve as successor Issuing Bank, each Agentsuch successor shall succeed to and become vested with all the interests, rights and obligations of the replaced retiring Issuing Bank and the successor Issuing Bank. The Administrative Agent shall notify the Lenders of any such replacement of the retiring Issuing Bank or any such shall be discharged from its obligations to issue additional Issuing BankLetters of Credit hereunder. At the time any such removal or resignation or replacement shall become effective, the Borrower shall pay all accrued and unpaid fees accrued for the account of the replaced Issuing Bank pursuant to Section 2.05(c)) hereof. From The acceptance of any appointment as the Issuing Bank hereunder by a successor Lender shall be evidenced by an agreement entered into by such successor, in a form satisfactory to the Borrower and the Administrative Agent, and, from and after the effective date of any such resignation or replacement or addition, as applicableagreement, (i) the such successor or additional Issuing Bank Lender shall have all the rights and obligations of the previous Issuing Bank under this Agreement with respect to Letters of Credit to be issued by it thereafter and (ii) references herein to the term Issuing Bank, shall be deemed to refer to such successor or such addition or to any previous Issuing Bank, or to such successor or such addition and all previous Issuing Banks, as the context shall require. After the resignation or replacement removal of an the Issuing Bank hereunder, the replaced retiring Issuing Bank shall remain a party hereto and shall continue to have all the rights and obligations of an Issuing Bank under this Agreement with respect to Letters of Credit issued by it prior to such resignation or replacementremoval, but shall not be required to issue additional Letters of Credit. If at any time there is more than one Issuing Bank hereunder, Borrower may, in its discretion, select which Issuing Bank is to issue any particular Letter of Credit.

Appears in 2 contracts

Samples: Credit Agreement (Ascent Entertainment Group Inc), Credit Agreement (Ascent Entertainment Group Inc)

Resignation or Removal of the Issuing Bank. The Issuing Bank may resign as Issuing Bank hereunder at any time upon at least by giving 30 days’ prior written notice to the LendersAdministrative Agent, the Lenders and the Borrower, and may be removed at any time by the Borrower by notice to the Issuing Bank, the Administrative Agent and Borrowerthe Lenders. The Upon the acceptance of any appointment as the Issuing Bank may be replaced at any time hereunder by written agreement among Borrower, each Agent, the replaced Issuing Bank and a Lender that shall agree to serve as the successor Issuing Bank. The Administrative Agent , such successor shall notify succeed to and become vested with all the Lenders of any such replacement interests, rights and obligations of the Issuing Bank or any such additional retiring Issuing Bank. At the time any such removal or resignation or replacement shall become effective, the Borrower shall pay all accrued and unpaid fees accrued for the account of the replaced Issuing Bank pursuant to Section 2.05(c2.05(c)(ii). From The acceptance of any appointment as the Issuing Bank hereunder by a successor Lender shall be evidenced by an agreement entered into by such successor, in a form satisfactory to the Borrower and the Administrative Agent, and, from and after the effective date of any such resignation or replacement or addition, as applicableagreement, (i) the such successor or additional Issuing Bank Lender shall have all the rights and obligations of the previous Issuing Bank under this Agreement with respect to Letters of Credit to be issued by it thereafter and the other Loan Documents and (ii) references herein and in the other Loan Documents to the term “Issuing Bank” shall be deemed to refer to such successor or such addition or to any previous Issuing Bank, or to such successor or such addition and all previous Issuing Banks, as the context shall require. After the resignation or replacement removal of an the Issuing Bank hereunder, the replaced retiring Issuing Bank shall remain a party hereto and shall continue to have all the rights and obligations of an the Issuing Bank under this Agreement and the other Loan Documents with respect to Letters of Credit issued by it prior to such resignation or replacementremoval, but shall not be required to issue additional Letters of Credit. If at any time there is more than one Issuing Bank hereunder, Borrower may, in its discretion, select which Issuing Bank is to issue any particular Letter of Credit.

Appears in 2 contracts

Samples: Incremental Loan Assumption Agreement (AAC Holdings, Inc.), Credit Agreement (AAC Holdings, Inc.)

Resignation or Removal of the Issuing Bank. The Issuing Bank may resign as Issuing Bank hereunder at any time upon at least 30 days’ prior notice to the Lenders, the Administrative Agent and BorrowerBorrowers. The Issuing Bank may be replaced at any time by written agreement among BorrowerBorrowers, each the Administrative Agent, the replaced Issuing Bank and the successor Issuing Bank. One or more Lenders may be appointed as additional Issuing Banks in accordance with subsection (k) below. The Administrative Agent shall notify the Lenders of any such replacement of the Issuing Bank or any such additional Issuing Bank. At the time any such resignation or replacement shall become effective, Borrower Borrowers shall pay all unpaid fees accrued for the account of the replaced Issuing Bank pursuant to Section 2.05(c). From and after the effective date of any such resignation or replacement or addition, as applicable, (i) the successor or additional Issuing Bank shall have all the rights and obligations of the Issuing Bank under this Agreement with respect to Letters of Credit to be issued by it thereafter and (ii) references herein to the term “Issuing Bank” shall be deemed to refer to such successor or such addition or to any previous Issuing Bank, or to such successor or such addition additional Issuing Bank and all previous Issuing Banks, as the context shall require. After the resignation or replacement of an Issuing Bank hereunder, the replaced Issuing Bank shall remain a party hereto and shall continue to have all the rights and obligations of an Issuing Bank under this Agreement with respect to Letters of Credit issued by it prior to such resignation or replacement, but shall not be required to issue additional Letters of Credit. If at any time there is more than one Issuing Bank hereunder, Borrower Borrowers may, in its their discretion, select which Issuing Bank is to issue any particular Letter of Credit.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Lenox Group Inc), Revolving Credit Agreement (Department 56 Inc)

Resignation or Removal of the Issuing Bank. The Issuing Bank may resign as Issuing Bank hereunder at any time upon at least 30 days' prior notice to the Lenders, the Administrative Agent and Borrower. The Issuing Bank may be replaced at any time by written agreement among Borrower, each the Administrative Agent, the replaced Issuing Bank and the successor Issuing Bank. One or more Lenders may be appointed as additional Issuing Banks by written agreement among Borrower, the Administrative Agent (whose consent will not be unreasonably withheld) and the Lender that is to be so appointed. The Administrative Agent shall notify the Lenders of any such resignation or replacement of the Issuing Bank or any such additional Issuing Bank. At the time any such resignation or replacement shall become effective, Borrower shall pay all unpaid fees accrued for the account of the replaced Issuing Bank pursuant to Section 2.05(c). From and after the effective date of any such resignation or resignation, replacement or addition, as applicable, (i) the successor or additional Issuing Bank shall have all the rights and obligations of the Issuing Bank under this Agreement with respect to Letters of Credit to be issued by it thereafter and (ii) references herein to the term "Issuing Bank" shall be deemed to refer to such successor or such addition or to any previous Issuing Bank, or to such successor or such addition and all previous Issuing Banks, as the context shall require. After the resignation or replacement of an Issuing Bank hereunder, the replaced Issuing Bank shall remain a party hereto and shall continue to have all the rights and obligations of an Issuing Bank under this Agreement with respect to Letters of Credit issued by it prior to such resignation or replacement, but shall not be required to issue additional Letters of Credit. If at any time there is more than one Issuing Bank hereunder, Borrower may, in its discretion, select which Issuing Bank is to issue any particular Letter of Credit.

Appears in 2 contracts

Samples: Credit Agreement (Cpi Holdco Inc), Credit Agreement (Communications & Power Industries Inc)

Resignation or Removal of the Issuing Bank. The Issuing Bank may resign as Issuing Bank hereunder at any time upon at least 30 by giving 90 days' prior written notice to the LendersAdministrative Agent, the Lenders and the Borrower, and may be removed at any time by the Borrower by notice to the Issuing Bank, the Administrative Agent and Borrowerthe Lenders. The Subject to the next succeeding paragraph, upon the acceptance of any appointment as the Issuing Bank may be replaced at any time hereunder by written agreement among Borrowera Lender that shall agree to serve as successor Issuing Bank, each Agentsuch successor shall succeed to and become vested with all the interests, rights and obligations of the replaced retiring Issuing Bank and the successor Issuing Bank. The Administrative Agent shall notify the Lenders of any such replacement of the retiring Issuing Bank or any such shall be discharged from its obligations to issue additional Issuing BankLetters of Credit hereunder. At the time any such removal or resignation or replacement shall become effective, the Borrower shall pay all accrued and unpaid fees accrued for the account of the replaced Issuing Bank pursuant to Section 2.05(c)2.06(c) hereof. From The acceptance of any appointment as the Issuing Bank hereunder by a successor Lender shall be evidenced by an agreement entered into by such successor, in a form satisfactory to the Borrower and the Administrative Agent, and, from and after the effective date of any such resignation or replacement or addition, as applicableagreement, (i) the such successor or additional Issuing Bank Lender shall have all the rights and obligations of the previous Issuing Bank under this Agreement with respect to Letters of Credit to be issued by it thereafter and (ii) references herein to the term Issuing Bank, shall be deemed to refer to such successor or such addition or to any previous Issuing Bank, or to such successor or such addition and all previous Issuing Banks, as the context shall require. After the resignation or replacement removal of an the Issuing Bank hereunder, the replaced retiring Issuing Bank shall remain a party hereto and shall continue to have all the rights and obligations of an Issuing Bank under this Agreement with respect to Letters of Credit issued by it prior to such resignation or replacementremoval, but shall not be required to issue additional Letters of Credit. If at any time there is more than one Issuing Bank hereunder, Borrower may, in its discretion, select which Issuing Bank is to issue any particular Letter of Credit.

Appears in 2 contracts

Samples: Credit Agreement (Ascent Entertainment Group Inc), Credit Agreement (Ascent Entertainment Group Inc)

Resignation or Removal of the Issuing Bank. The Any Issuing Bank may resign as Issuing Bank hereunder at any time upon at least by giving 30 days’ prior written notice to the LendersAdministrative Agent, the Lenders and the Borrower, and may be removed at any time by the Borrower by notice to the Issuing Banks, the Administrative Agent and Borrowerthe Lenders. The Upon the acceptance of any appointment as an Issuing Bank may be replaced at any time hereunder by written agreement among Borrower, each Agent, the replaced Issuing Bank and the a Lender that shall agree to serve as a successor Issuing Bank. The Administrative Agent , such successor shall notify succeed to and become vested with all the Lenders of any such replacement interests, rights and obligations of the Issuing Bank or any such additional retiring Issuing Bank. At the time any such removal or resignation or replacement shall become effective, the Borrower shall pay all accrued and unpaid fees accrued for the account of the replaced Issuing Bank pursuant to Section 2.05(c2.05(c)(ii). From The acceptance of any appointment as an Issuing Bank hereunder by a successor Lender shall be evidenced by an agreement entered into by such successor, in a form satisfactory to the Borrower and the Administrative Agent, and, from and after the effective date of any such resignation or replacement or addition, as applicableagreement, (i) the such successor or additional Issuing Bank Lender shall have all the rights and obligations of the previous Issuing Bank under this Agreement with respect to Letters of Credit to be issued by it thereafter and the other Loan Documents and (ii) references herein and in the other Loan Documents to the term “Issuing Bank” shall be deemed to refer to such successor or such addition or to any previous Issuing Bank, or to such successor or such addition and all previous Issuing Banks, as the context shall require. After the resignation or replacement removal of an Issuing Bank hereunder, the replaced retiring Issuing Bank shall remain a party hereto and shall continue to have all the rights and obligations of an Issuing Bank under this Agreement and the other Loan Documents with respect to Letters of Credit issued by it prior to such resignation or replacementremoval, but shall not be required to issue additional Letters of Credit. If at any time there is more than one Issuing Bank hereunder, Borrower may, in its discretion, select which Issuing Bank is to issue any particular Letter of Credit.

Appears in 2 contracts

Samples: Abl Credit Agreement (Community Health Systems Inc), Abl Credit Agreement (Community Health Systems Inc)

Resignation or Removal of the Issuing Bank. The Issuing Bank may resign as Issuing Bank hereunder at any time upon at least 30 by giving 180 days' prior written notice to the LendersAdministrative Agent, the Lenders and the Borrower, and may be removed at any time by the Borrower by notice to the Issuing Bank, the Administrative Agent and Borrowerthe Lenders. The Subject to the last sentence of this paragraph, upon the acceptance of any appointment as the Issuing Bank may be replaced at any time hereunder by written agreement among Borrowera successor Issuing Bank, each Agentsuch successor shall succeed to and become vested with all the interests, rights and obligations of the replaced retiring Issuing Bank and the successor Issuing Bank. The Administrative Agent shall notify the Lenders of any such replacement of the retiring Issuing Bank or any such shall be discharged from its obligations to issue additional Issuing BankLetters of Credit hereunder. At the time any such removal or resignation or replacement shall become effective, the Borrower shall pay all accrued and unpaid fees accrued for the account of the replaced Issuing Bank pursuant Fees. The acceptance of any appointment as the Issuing Bank hereunder by a successor Lender shall be evidenced by an agreement entered into by such successor, in a form satisfactory to Section 2.05(c). From the Borrower and the Administrative Agent, and, from and after the effective date of any such resignation or replacement or addition, as applicableagreement, (i) the such successor or additional Issuing Bank Lender shall have all the rights and obligations of the previous Issuing Bank under this Agreement with respect to Letters of Credit to be issued by it thereafter and the other Loan Documents and (ii) references herein and in the other Loan Documents to the term "Issuing Bank" shall be deemed to refer to such successor or such addition or to any previous Issuing Bank, or to such successor or such addition and all previous Issuing Banks, as the context shall require. After the resignation or replacement removal of an the Issuing Bank hereunder, the replaced retiring Issuing Bank shall remain a party hereto and shall continue to have all the rights and obligations of an Issuing Bank under this Agreement and the other Loan Documents with respect to Letters of Credit issued by it prior to such resignation or replacementremoval, but shall not be required to issue additional Letters of Credit. If at any time there is more than one Issuing Bank hereunder, Borrower may, in its discretion, select which Issuing Bank is to issue any particular Letter of Credit.

Appears in 2 contracts

Samples: Credit Agreement (Allen Ethan Interiors Inc), Credit Agreement (Ethan Allen Interiors Inc)

Resignation or Removal of the Issuing Bank. The Issuing Bank may resign as Issuing Bank hereunder at any time upon at least by giving 30 days’ prior written notice to the LendersAdministrative Agent, the Lenders and the Borrower, and may be removed at any time by the Borrower by notice to the Issuing Bank, the Administrative Agent and Borrowerthe Lenders. The Upon the acceptance of any appointment as the Issuing Bank may be replaced at any time hereunder by written agreement among Borrowera Lender that shall agree to serve as successor Issuing Bank, each Agentsuch successor shall succeed to and become vested with all the interests, rights and obligations of the replaced retiring Issuing Bank and the successor Issuing Bank. The Administrative Agent shall notify the Lenders of any such replacement of the retiring Issuing Bank or any such shall be discharged from its obligations to issue additional Issuing BankLetters of Credit hereunder without affecting its rights and obligations with respect to Letters of Credit previously issued by it. At the time any such removal or resignation or replacement shall become effective, the Borrower shall pay all accrued and unpaid fees accrued for the account of the replaced Issuing Bank pursuant to Section 2.05(c2.05(c)(ii). From The acceptance of any appointment as the Issuing Bank hereunder by a successor Lender shall be evidenced by an agreement entered into by such successor, in a form reasonably satisfactory to the Borrower and the Administrative Agent, and, from and after the effective date of any such resignation or replacement or addition, as applicableagreement, (i) the such successor or additional Issuing Bank Lender shall have all the rights and obligations of the previous Issuing Bank under this Agreement with respect to Letters of Credit to be issued by it thereafter and the other Loan Documents and (ii) references herein and in the other Loan Documents to the term “Issuing Bank” shall be deemed to refer to such successor or such addition or to any previous Issuing Bank, or to such successor or such addition and all previous Issuing Banks, as the context shall require. After the resignation or replacement removal of an the Issuing Bank hereunder, the replaced retiring Issuing Bank shall remain a party hereto and shall continue to have all the rights and obligations of an Issuing Bank under set forth in this Agreement and the other Loan Documents with respect to Letters of Credit issued by it prior to such resignation or replacementremoval, but shall not be required to issue additional Letters of Credit. If at any time there is more than one Issuing Bank hereunder, Borrower may, in its discretion, select which Issuing Bank is to issue any particular Letter of Credit.

Appears in 2 contracts

Samples: Credit Agreement (NRG Energy, Inc.), Credit Agreement (NRG Energy, Inc.)

Resignation or Removal of the Issuing Bank. The Issuing Bank may resign as Issuing Bank hereunder at any time upon at least 30 days’ prior notice to the Lenders, the Administrative Agent and the Borrower. The Issuing Bank may be replaced at any time by written agreement among the Borrower, each the Administrative Agent, the replaced Issuing Bank and the successor Issuing Bank. The Administrative Agent shall notify the Lenders of any such replacement of the Issuing Bank or any such additional Issuing Bank. At the time any such resignation or replacement shall become effective, the Borrower shall pay all unpaid fees accrued for the account of the replaced Issuing Bank pursuant to Section 2.05(c2.5(c). From and after the effective date of any such resignation or replacement or addition, as applicable, (i) the successor or additional Issuing Bank shall have all the rights and obligations of the Issuing Bank under this Agreement with respect to Letters of Credit to be issued by it thereafter and (ii) references herein to the term “Issuing Bank” shall be deemed to refer to such successor or such addition or to any previous Issuing Bank, or to such successor or such addition and all previous Issuing Banks, as the context shall require. After the resignation or replacement of an Issuing Bank hereunder, the replaced Issuing Bank shall remain a party hereto and shall continue to have all the rights and obligations of an Issuing Bank under this Agreement with respect to Letters of Credit issued by it prior to such resignation or replacement, but shall not be required to issue additional Letters of Credit. If at any time there is more than one Issuing Bank hereunder, the Borrower may, in its discretion, select which Issuing Bank is to issue any particular Letter of Credit.

Appears in 2 contracts

Samples: Credit Agreement (Knoll Inc), Credit Agreement (Knoll Inc)

Resignation or Removal of the Issuing Bank. The Issuing Bank may resign as Issuing Bank hereunder at any time upon at least by giving 30 days’ prior written notice to the LendersAdministrative Agent, the Lenders and the U.S. Borrower, and may be removed at any time by the U.S. Borrower by notice to the Issuing Bank, the Administrative Agent and Borrowerthe Lenders. The Subject to the next succeeding paragraph, upon the acceptance of any appointment as the Issuing Bank may be replaced at any time hereunder by written agreement among Borrowera Lender that shall agree to serve as successor Issuing Bank, each Agentsuch successor shall succeed to and become vested with all the interests, rights and obligations of the replaced retiring Issuing Bank and the successor Issuing Bank. The Administrative Agent shall notify the Lenders of any such replacement of the retiring Issuing Bank or any such shall be discharged from its obligations to issue additional Issuing BankLetters of Credit hereunder. At the time any such removal or resignation or replacement shall become effective, Borrower the Borrowers shall pay all accrued and unpaid fees accrued for the account of the replaced Issuing Bank pursuant to Section 2.05(c2.05(d). From The acceptance of any appointment as the Issuing Bank hereunder by a successor Lender shall be evidenced by an agreement entered into by such successor, in a form satisfactory to the U.S. Borrower and the Administrative Agent, and, from and after the effective date of any such resignation or replacement or addition, as applicableagreement, (i) the such successor or additional Issuing Bank Lender shall have all the rights and obligations of the previous Issuing Bank under this Agreement with respect to Letters of Credit to be issued by it thereafter and the other Loan Documents and (ii) references herein and in the other Loan Documents to the term “Issuing Bank” shall be deemed to refer to such successor or such addition or to any previous Issuing Bank, or to such successor or such addition and all previous Issuing Banks, as the context shall require. After the resignation or replacement removal of an the Issuing Bank hereunder, the replaced retiring Issuing Bank shall remain a party hereto and shall continue to have all the rights and obligations of an Issuing Bank under this Agreement and the other Loan Documents with respect to Letters of Credit issued by it prior to such resignation or replacementremoval, but shall not be required to issue additional Letters of Credit. If at any time there is more than one Issuing Bank hereunder, Borrower may, in its discretion, select which Issuing Bank is to issue any particular Letter of Credit.

Appears in 2 contracts

Samples: Credit Agreement (Cb Richard Ellis Group Inc), Credit Agreement (Cb Richard Ellis Group Inc)

Resignation or Removal of the Issuing Bank. The Issuing Bank may resign as Issuing Bank hereunder at any time upon at least 30 thirty (30) days’ prior written notice to the Lenders, the Revolving Administrative Agent and Borrowerthe Borrower only so long as a Lender that is reasonably acceptable to the Borrower has agreed to be appointed as a successor Xxxxxxx Bank and to assume LC Commitments in an amount equal to or greater than the LC Commitments of the resigning Issuing Bank. The Issuing Bank may be replaced at any time by written agreement among the Borrower, each Agent, the replaced Issuing Bank and the successor Issuing Bank. The Borrower shall notify the Revolving Administrative Agent and then the Revolving Administrative Agent shall notify the Lenders of any such replacement of the Issuing Bank or any such additional Issuing Bank. At the time any such resignation or replacement shall become effective, the Borrower shall pay all unpaid fees accrued for the account of the replaced Issuing Bank pursuant to Section 2.05(c). From and after the effective date of any such resignation or replacement or addition, as applicable, (i) the successor or additional Issuing Bank shall have all the rights and obligations of the Issuing Bank under this Agreement with respect to Letters of Credit to be issued by it thereafter and (ii) references herein and in the other Loan Documents to the term “Issuing Bank” shall be deemed to refer to such successor or such addition additional Issuing Bank or to any previous Issuing Bank, or to such successor or such addition additional Issuing Bank and all previous Issuing Banks, as the context shall require. After the resignation or replacement of an Issuing Bank hereunder, the replaced Issuing Bank shall remain a party hereto and shall continue to have all the rights and obligations of an Issuing Bank under this Agreement with respect to Letters of Credit issued by it prior to such resignation or replacement, but shall not be required to issue additional Letters of Credit. If at any time there is more than one Issuing Bank hereunder, Borrower may, in its discretion, select which Issuing Bank is to issue any particular Letter of Credit.

Appears in 2 contracts

Samples: Credit Agreement (Loar Holdings Inc.), Credit Agreement (Loar Holdings Inc.)

Resignation or Removal of the Issuing Bank. The Issuing Bank may resign as Issuing Bank hereunder at any time upon at least by giving 30 days’ prior written notice to the LendersAdministrative Agent, the Revolving Credit Lenders and the Borrower, and may be removed at any time by the Borrower by notice to the Issuing Bank, the Administrative Agent and Borrowerthe Revolving Credit Lenders. The Upon the acceptance of any appointment as the Issuing Bank may be replaced at any time hereunder by written agreement among Borrower, each Agent, the replaced Issuing Bank and the a Revolving Credit Lender that shall agree to serve as successor Issuing Bank. The Administrative Agent , such successor shall notify succeed to and become vested with all the Lenders of any such replacement interests, rights and obligations of the Issuing Bank or any such additional retiring Issuing Bank. At the time any such removal or resignation or replacement shall become effective, the Borrower shall pay all accrued and unpaid fees accrued for the account of the replaced Issuing Bank pursuant to Section 2.05(c2.05(c)(ii). From The acceptance of any appointment as the Issuing Bank hereunder by a successor Revolving Credit Lender shall be evidenced by an agreement entered into by such successor, in a form satisfactory to the Borrower and the Administrative Agent, and, from and after the effective date of any such resignation or replacement or addition, as applicableagreement, (i) the such successor or additional Issuing Bank Revolving Credit Lender shall have all the rights and obligations of the previous Issuing Bank under this Agreement with respect to Letters of Credit to be issued by it thereafter and the other Loan Documents and (ii) references herein and in the other Loan Documents to the term “Issuing Bank” shall be deemed to refer to such successor or such addition or to any previous Issuing Bank, or to such successor or such addition and all previous Issuing Banks, as the context shall require. After the resignation or replacement removal of an the Issuing Bank hereunder, the replaced retiring Issuing Bank shall remain a party hereto and shall continue to have all the rights and obligations of an Issuing Bank under this Agreement and the other Loan Documents with respect to Letters of Credit issued by it prior to such resignation or replacementremoval, but shall not be required to issue additional Letters of Credit. If at any time there is more than one Issuing Bank hereunder, Borrower may, in its discretion, select which Issuing Bank is to issue any particular Letter of Credit.

Appears in 2 contracts

Samples: Credit Agreement (Atp Oil & Gas Corp), Third Amended and Restated Credit Agreement (Atp Oil & Gas Corp)

Resignation or Removal of the Issuing Bank. The Issuing Bank may resign as Issuing Bank hereunder at any time upon at least by giving 30 days’ prior written notice to the LendersAdministrative Agent, the Lenders and the Borrowers, and may be removed at any time by Parent by notice to the Issuing Bank, the Administrative Agent and Borrowerthe Lenders. The Upon the acceptance of any appointment as the Issuing Bank may be replaced at any time hereunder by written agreement among Borrowera Lender that shall agree to serve as successor Issuing Bank, each Agentsuch successor shall succeed to and become vested with all the interests, rights and obligations of the replaced retiring Issuing Bank and the successor Issuing Bank. The Administrative Agent shall notify the Lenders of any such replacement of the retiring Issuing Bank or any such shall be discharged from its obligations to issue additional Issuing BankLetters of Credit hereunder. At the time any such removal or resignation or replacement shall become effective, Borrower the Borrowers shall pay all unpaid fees accrued for the account of the replaced Issuing Bank pursuant to clause (ii) of Section 2.05(c). From The acceptance of any appointment as the Issuing Bank hereunder by a successor Lender shall be evidenced by an agreement entered into by such successor, in a form satisfactory to Parent and the Administrative Agent, and, from and after the effective date of any such resignation or replacement or addition, as applicableagreement, (i) the such successor or additional Issuing Bank Lender shall have all the rights and obligations of the previous Issuing Bank under this Agreement with respect to Letters of Credit to be issued by it thereafter and the other Loan Documents and (ii) references herein and in the other Loan Documents to the term “Issuing Bank” shall be deemed to refer to such successor or such addition or to any previous Issuing Bank, or to such successor or such addition and all previous Issuing Banks, as the context shall require. After the resignation or replacement removal of an the Issuing Bank hereunder, the replaced retiring Issuing Bank shall remain a party hereto and shall continue to have all the rights and obligations of an the Issuing Bank under this Agreement and the other Loan Documents with respect to Letters of Credit issued by it prior to such resignation or replacementremoval, but shall not be required to issue additional Letters of Credit. If at any time there is more than one Issuing Bank hereunder, Borrower may, in its discretion, select which Issuing Bank is to issue any particular Letter of Credit.

Appears in 2 contracts

Samples: Credit Agreement, Credit Agreement (Wellcare Health Plans, Inc.)

Resignation or Removal of the Issuing Bank. The Each Issuing Bank may resign as Issuing Bank hereunder at any time upon at least by giving 30 days’ prior written notice to the LendersAdministrative Agent, the Lenders and the Borrower and may be removed at any time by the Borrower by notice to the Issuing Banks, the Administrative Agent and Borrowerthe Lenders. The Upon the acceptance of any appointment as an Issuing Bank may be replaced at any time hereunder by written agreement among Borrower, each Agent, the replaced Issuing Bank and the a Revolving Credit Lender that shall agree to serve as successor Issuing Bank. The , such successor (to the extent reasonably acceptable to the Borrower and the Administrative Agent Agent) shall notify succeed to and become vested with all the Lenders of any such replacement interests, rights and obligations of the Issuing Bank or any such additional retiring Issuing Bank. At the time any such removal or resignation or replacement shall become effective, the Borrower shall pay all accrued and unpaid fees accrued for the account of the replaced Issuing Bank pursuant to Section 2.05(c2.05(c)(ii) and 2.05(c)(iii). From The acceptance of any appointment as an Issuing Bank hereunder by a successor Revolving Credit Lender shall be evidenced by an agreement entered into by such successor, in a form satisfactory to the Borrower and the Administrative Agent, and, from and after the effective date of any such resignation or replacement or addition, as applicableagreement, (i) the such successor or additional Issuing Bank Revolving Credit Lender shall have all the rights and obligations of the previous Issuing Bank under this Agreement with respect to Letters of Credit to be issued by it thereafter and the other Loan Documents and (ii) references herein and in the other Loan Documents to the term “Issuing Bank” shall be deemed to refer to such successor or such addition or to any previous Issuing Bank, or to such successor or such addition and all previous Issuing Banks, as the context shall require. After the resignation or replacement removal of an Issuing Bank hereunder, the replaced retiring Issuing Bank shall remain a party hereto and shall continue to have all the rights and obligations of an Issuing Bank under this Agreement and the other Loan Documents with respect to Letters of Credit issued by it prior to such resignation or replacementremoval, but shall not be required to issue additional Letters of Credit. If at any time there is more than one Issuing Bank hereunder, Borrower may, in its discretion, select which Issuing Bank is to issue any particular Letter of Credit.

Appears in 2 contracts

Samples: Credit Agreement (AssetMark Financial Holdings, Inc.), Credit Agreement (AssetMark Financial Holdings, Inc.)

Resignation or Removal of the Issuing Bank. The Issuing Bank may resign as Issuing Bank hereunder at any time upon at least by giving 30 days' prior written notice to the LendersAdministrative Agent, the Lenders and the Borrower, and may be removed at any time by the Borrower by notice to the Issuing Bank, the Administrative Agent and Borrowerthe Lenders. The Subject to the next succeeding paragraph, upon the acceptance of any appointment as the Issuing Bank may be replaced at any time hereunder by written agreement among Borrowera Lender that shall agree to serve as successor Issuing Bank, each Agentsuch successor shall succeed to and become vested with all the interests, rights and obligations of the replaced retiring Issuing Bank and the successor Issuing Bank. The Administrative Agent shall notify the Lenders of any such replacement of the retiring Issuing Bank or any such shall be discharged from its obligations to issue additional Issuing BankLetters of Credit hereunder. At the time any such removal or resignation or replacement shall become effective, the Borrower shall pay all accrued and unpaid fees accrued for the account of the replaced Issuing Bank pursuant to Section 2.05(c2.05(c)(ii). From The acceptance of any appointment as the Issuing Bank hereunder by a successor Lender shall be evidenced by an agreement entered into by such successor, in a form satisfactory to the Borrower and the Administrative Agent, and, from and after the effective date of any such resignation or replacement or addition, as applicableagreement, (i) the such successor or additional Issuing Bank Lender shall have all the rights and obligations of the previous Issuing Bank under this Agreement with respect to Letters of Credit to be issued by it thereafter and the other Loan Documents and (ii) references herein and in the other Loan Documents to the term "Issuing Bank" shall be deemed to refer to such successor or such addition or to any previous Issuing Bank, or to such successor or such addition and all previous Issuing Banks, as the context shall require. After the resignation or replacement removal of an the Issuing Bank hereunder, the replaced retiring Issuing Bank shall remain a party hereto and shall continue to have all the rights and obligations of an Issuing Bank under this Agreement and the other Loan Documents with respect to Letters of Credit issued by it prior to such resignation or replacementremoval, but shall not be required to issue additional Letters of Credit. If at any time there is more than one Issuing Bank hereunder, Borrower may, in its discretion, select which Issuing Bank is to issue any particular Letter of Credit.

Appears in 2 contracts

Samples: Credit Agreement (Diagnostic Pathology Management Services Inc), Credit Agreement (Monterey Carpets Inc)

Resignation or Removal of the Issuing Bank. The Issuing Bank may resign as Issuing Bank hereunder at any time upon at least 30 thirty (30) days’ prior notice to the Lenders, the Administrative Agent and the Administrative Borrower. The Issuing Bank may be replaced at any time by written agreement among the Administrative Borrower, each Agent, the replaced Issuing Bank and the successor Issuing Bank. The Administrative Agent shall notify the Lenders of any such replacement of the Issuing Bank or any such additional Issuing Bank. At the time any such resignation or replacement of the Issuing Bank shall become effective, Borrower the Borrowers shall pay all unpaid fees accrued for the account of the retiring or replaced Issuing Bank Bank, as applicable, pursuant to Section 2.05(c). From and after the effective date of any such resignation or replacement or additionreplacement, as applicable, (i) the successor or additional Issuing Bank shall have all the rights and obligations of the Issuing Bank under this Agreement with respect to Letters of Credit to be issued by it thereafter thereafter; and (ii) references herein to the term “Issuing Bank” shall be deemed to refer to such successor or such addition or to any previous Issuing Bank, or to such successor or such addition and all previous Issuing Banks, as the context shall require. After the resignation or replacement of an Issuing Bank hereunderBank, the replaced Issuing Bank shall remain a party hereto and shall continue to have all the rights and obligations of an Issuing Bank under this Agreement with respect to Letters of Credit issued by it prior to such resignation or replacement, but shall not be required to issue additional Letters of Credit. If at any time there is more than one Issuing Bank hereunder, Borrower may, in its discretion, select which Issuing Bank is to issue any particular Letter of Credit.

Appears in 2 contracts

Samples: Revolving Syndicated Facility Agreement (Tronox LTD), Revolving Syndicated Facility Agreement (Tronox LTD)

Resignation or Removal of the Issuing Bank. The Issuing Bank may resign as Issuing Bank hereunder at any time upon at least 30 days’ prior notice to the Lenders, the Administrative Agent and Borrower. The Issuing Bank may be replaced at any time by giving thirty (30) days’ prior written agreement among Borrower, each notice to the Administrative Agent, the replaced Backstop LC Lenders, the Loan Insurer and the Borrower. Subject to the next succeeding paragraph, upon the acceptance of any appointment as the Issuing Bank and the hereunder by a Backstop LC Lender that shall agree to serve as successor Issuing Bank. The Administrative Agent , such successor shall notify succeed to and become vested with all the Lenders of any such replacement interests, rights and obligations of the Issuing Bank or any such additional retiring Issuing Bank. At the time any such removal or resignation or replacement shall become effective, the Borrower shall pay all accrued and unpaid fees accrued for the account of the replaced Issuing Bank pursuant to Section 2.05(c2.05(d)(ii). From The acceptance of any appointment as the Issuing Bank hereunder by a successor Backstop LC Lender shall be subject to the reasonable approval of the Borrower and the Controlling Party and be evidenced by an agreement entered into by such successor, in a form satisfactory to the Borrower and the Controlling Party, and, from and after the effective date of any such resignation or replacement or addition, as applicableagreement, (i) the such successor or additional Issuing Bank Backstop LC Lender shall have all the rights and obligations of the previous Issuing Bank under this Agreement with respect to Letters of and the other Credit to be issued by it thereafter Documents and (ii) references herein and in the other Credit Documents to the term “Issuing Bank” shall be deemed to refer to such successor or such addition or to any previous Issuing Bank, or to such successor or such addition and all previous Issuing Banks, as the context shall require. After the resignation or replacement removal of an the Issuing Bank hereunder, the replaced retiring Issuing Bank shall remain a party hereto and shall continue to have all the rights and obligations of an Issuing Bank under this Agreement and the other Credit Documents with respect to the Backstop Letters of Credit issued by it prior to such resignation or replacement, but shall not be required to issue additional Letters of Credit. If at any time there is more than one Issuing Bank hereunder, Borrower may, in its discretion, select which Issuing Bank is to issue any particular Letter of Creditremoval.

Appears in 2 contracts

Samples: Credit Agreement (Dynegy Inc /Il/), Credit Agreement (Dynegy Inc.)

Resignation or Removal of the Issuing Bank. The Issuing Bank may resign as Issuing Bank hereunder at any time upon at least 30 days’ prior written notice to the Lenders, the Administrative Agent and Borrower. The Issuing Bank may be replaced at any time by written agreement among Borrower, each the Administrative Agent, the replaced Issuing Bank and the successor Issuing Bank. The Administrative Agent shall notify the Lenders of any such replacement of the Issuing Bank or any such additional Issuing Bank. At the time any such resignation or replacement shall become effective, Borrower shall pay all unpaid fees accrued for the account of the replaced Issuing Bank pursuant to Section 2.05(c). From and after the effective date of any such resignation or replacement or addition, as applicable, (i) the successor or additional Issuing Bank shall have all the rights and obligations of the Issuing Bank under this Agreement with respect to Letters of Credit to be issued by it thereafter and (ii) references herein and in the other Loan Documents to the term “Issuing Bank” shall be deemed to refer to such successor or such addition or to any previous Issuing Bank, or to such successor or such addition and all previous Issuing Banks, as the context shall require. After the resignation or replacement of an Issuing Bank hereunder, the replaced Issuing Bank shall remain a party hereto and shall continue to have all the rights and obligations of an Issuing Bank under this Agreement with respect to Letters of Credit issued by it prior to such resignation or replacement, but shall not be required to issue additional Letters of Credit. If at any time there is more than one Issuing Bank hereunder, Borrower may, in its discretion, select which Issuing Bank is to issue any particular Letter of Credit.

Appears in 2 contracts

Samples: Credit Agreement (BioScrip, Inc.), First Lien Credit Agreement (Critical Homecare Solutions Holdings, Inc.)

Resignation or Removal of the Issuing Bank. The Any Issuing Bank may resign as Issuing Bank hereunder at any time upon at least 30 days’ prior notice to the Lenders, the Administrative Agent and the Borrower. The Any Issuing Bank may be replaced at any time by written agreement among the Borrower, each Agent, the replaced Issuing Bank and the successor Issuing Bank. The Administrative Agent shall notify the Lenders of any such replacement of the any Issuing Bank or and shall update Annex I to reflect any such additional Issuing Bankmodifications. At the time any such resignation or replacement of any Issuing Bank shall become effective, the Borrower shall pay all unpaid fees accrued for the account of the replaced retiring Issuing Bank pursuant to Section 2.05(c). From and after the effective date of any such resignation or replacement or addition, as applicablereplacement, (i) the successor or additional Issuing Bank shall have all the rights and obligations of the replaced Issuing Bank under this Agreement with respect to Letters of Credit to be issued by it thereafter and (ii) references herein to the term “Issuing Bank” shall be deemed to refer to such successor or such addition or to any previous Issuing Bank, or to such successor or such addition and all previous Issuing Banks, as the context shall require. After the resignation or replacement of an Issuing Bank hereunderBank, the replaced Issuing Bank shall remain a party hereto and shall continue to have all the rights and obligations of an Issuing Bank under this Agreement with respect to Letters of Credit issued by it prior to such resignation or replacement, but shall not be required to issue additional Letters of Credit. If at any time there is more than one Issuing Bank hereunder, Borrower may, in its discretion, select which Issuing Bank is to issue any particular Letter of Credit.

Appears in 2 contracts

Samples: Revolving Credit and Guaranty Agreement (Philadelphia Energy Solutions Inc.), Revolving Credit and Guaranty Agreement (Philadelphia Energy Solutions Inc.)

Resignation or Removal of the Issuing Bank. The Issuing Bank may resign as Issuing Bank hereunder at any time upon at least by giving 30 days’ prior written notice to the LendersAdministrative Agent, the Lenders and Polypore, and may be removed at any time by Polypore by notice to the Issuing Bank, the Administrative Agent and Borrowerthe Lenders. The Subject to the next succeeding paragraph, upon the acceptance of any appointment as the Issuing Bank may be replaced at any time hereunder by written agreement among Borrowera Lender that shall agree to serve as successor Issuing Bank, each Agentsuch successor shall succeed to and become vested with all the interests, rights and obligations of the replaced retiring Issuing Bank and the successor Issuing Bank. The Administrative Agent shall notify the Lenders of any such replacement of the retiring Issuing Bank or any such shall be discharged from its obligations to issue additional Issuing BankLetters of Credit hereunder. At the time any such removal or resignation or replacement shall become effective, Borrower Polypore shall pay all accrued and unpaid fees accrued for the account of the replaced Issuing Bank pursuant to Section 2.05(c2.5(c)(ii). From The acceptance of any appointment as the Issuing Bank hereunder by a successor Lender shall be evidenced by an agreement entered into by such successor, in a form satisfactory to Polypore and the Administrative Agent, and, from and after the effective date of any such resignation or replacement or addition, as applicableagreement, (i) the such successor or additional Issuing Bank Lender shall have all the rights and obligations of the previous Issuing Bank under this Agreement with respect to Letters of Credit to be issued by it thereafter and the other Loan Documents and (ii) references herein and in the other Loan Documents to the term “Issuing Bank” shall be deemed to refer to such successor or such addition or to any previous Issuing Bank, or to such successor or such addition and all previous Issuing Banks, as the context shall require. After the resignation or replacement removal of an the Issuing Bank hereunder, the replaced retiring Issuing Bank shall remain a party hereto and shall continue to have all the rights and obligations of an Issuing Bank under this Agreement and the other Loan Documents with respect to Letters of Credit issued by it prior to such resignation or replacementremoval, but shall not be required to issue additional Letters of Credit. If at any time there is more than one Issuing Bank hereunder, Borrower may, in its discretion, select which Issuing Bank is to issue any particular Letter of Credit.

Appears in 2 contracts

Samples: Credit Agreement (Polypore International, Inc.), Credit Agreement (Polypore, Inc.)

Resignation or Removal of the Issuing Bank. The Any Issuing Bank may resign as Issuing Bank hereunder at any time upon at least 30 thirty (30) days’ prior notice to the Lenders, the Administrative Funding Agent and the Administrative Borrower. The Any Issuing Bank may be replaced at any time by written agreement among the Administrative Borrower, each Agent, the replaced Issuing Bank and the successor Issuing Bank. The Administrative Funding Agent shall notify the Lenders of any such replacement of the any Issuing Bank or any such additional Issuing Bank. At the time any such resignation or replacement shall become effective, the Administrative Borrower shall pay all unpaid fees accrued for the account of the replaced Issuing Bank pursuant to Section 2.05(c). From and after the effective date of any such resignation or replacement or addition, as applicable, (i) the successor or additional Issuing Bank shall have all the rights and obligations of the an Issuing Bank under this Agreement with respect to Letters of Credit to be issued by it thereafter and (ii) references herein to the term “Issuing Bank” shall be deemed to refer to such successor or such addition or to any previous Issuing Bank, or to such successor or such addition and all previous Issuing Banks, as the context shall require. After the resignation or replacement of an Issuing Bank hereunder, the replaced Issuing Bank shall remain a party hereto and shall continue to have all the rights and obligations of an Issuing Bank under this Agreement with respect to Letters of Credit issued by it prior to such resignation or replacement, but shall not be required to issue additional Letters of Credit. If at any time there is more than one U.S./European Issuing Bank or more than one Canadian Issuing Bank hereunder, the Applicable Administrative Borrower may, in its discretion, select which Issuing Bank is to issue any particular Letter of Credit.

Appears in 2 contracts

Samples: Credit Agreement (Novelis Inc.), Credit Agreement (Novelis South America Holdings LLC)

Resignation or Removal of the Issuing Bank. The Issuing Bank may resign as Issuing Bank hereunder at any time upon at least by giving 30 days’ prior written notice to the LendersAdministrative Agent, the Lenders and the Borrower, and may be removed at any time by the Borrower by notice to the Issuing Bank, the Administrative Agent and Borrowerthe Lenders. The Subject to the next succeeding paragraph, upon the acceptance of any appointment as the Issuing Bank may be replaced at any time hereunder by written agreement among Borrowera Lender that shall agree to serve as successor Issuing Bank, each Agentsuch successor shall succeed to and become vested with all the interests, rights and obligations of the replaced retiring Issuing Bank and the successor Issuing Bank. The Administrative Agent shall notify the Lenders of any such replacement of the retiring Issuing Bank or any such shall be discharged from its obligations to issue additional Issuing BankLetters of Credit hereunder. At the time any such removal or resignation or replacement shall become effective, the Borrower shall pay all accrued and unpaid fees accrued for the account of the replaced Issuing Bank pursuant to Section 2.05(c2.06(c)(ii). From The acceptance of any appointment as the Issuing Bank hereunder by a successor Lender shall be evidenced by an agreement entered into by such successor, in a form satisfactory to the Borrower and the Administrative Agent, and, from and after the effective date of any such resignation or replacement or addition, as applicableagreement, (i) the such successor or additional Issuing Bank Lender shall have all the rights and obligations of the previous Issuing Bank under this Agreement with respect to Letters of Credit to be issued by it thereafter and (ii) references herein to the term “Issuing Bank” shall be deemed to refer to such successor or such addition or to any previous Issuing Bank, or to such successor or such addition and all previous Issuing Banks, as the context shall require. After the resignation or replacement removal of an the Issuing Bank hereunder, the replaced retiring Issuing Bank shall remain a party hereto and shall continue to have all the rights and obligations of an Issuing Bank under this Agreement with respect to Letters of Credit issued by it prior to such resignation or replacementremoval, but shall not be required to issue additional Letters of Credit. If at any time there is more than one Issuing Bank hereunder, Borrower may, in its discretion, select which Issuing Bank is to issue any particular Letter of Credit.

Appears in 2 contracts

Samples: Credit Agreement (Laboratory Corp of America Holdings), Credit Agreement (Laboratory Corp of America Holdings)

Resignation or Removal of the Issuing Bank. The Issuing Bank may resign as Issuing Bank hereunder at any time upon at least by giving 30 days’ prior written notice to the LendersAdministrative Agent, the Lenders and the Borrower, and may be removed at any time by the Borrower by notice to the Issuing Bank, the Administrative Agent and Borrowerthe Lenders. The Subject to the next succeeding paragraph, upon the acceptance of any appointment as the Issuing Bank may be replaced at any time hereunder by written agreement among Borrowera Lender that shall agree to serve as successor Issuing Bank, each Agentsuch successor shall succeed to and become vested with all the interests, rights and obligations of the replaced retiring Issuing Bank and the successor Issuing Bank. The Administrative Agent shall notify the Lenders of any such replacement of the retiring Issuing Bank or any such shall be discharged from its obligations to issue additional Issuing BankLetters of Credit hereunder. At the time any such removal or resignation or replacement shall become effective, the Borrower shall pay all accrued and unpaid fees accrued for the account of the replaced Issuing Bank pursuant to Section 2.05(c2.05(c)(iii). From The acceptance of any appointment as the Issuing Bank hereunder by a successor Lender shall be evidenced by an agreement entered into by such successor, in a form satisfactory to the Borrower and the Administrative Agent, and, from and after the effective date of any such resignation or replacement or addition, as applicableagreement, (i) the such successor or additional Issuing Bank Lender shall have all the rights and obligations of the previous Issuing Bank under this Agreement with respect to Letters of Credit to be issued by it thereafter and the other Loan Documents and (ii) references herein and in the other Loan Documents to the term “Issuing Bank” shall be deemed to refer to such successor or such addition or to any previous Issuing Bank, or to such successor or such addition and all previous Issuing Banks, as the context shall require. After the resignation or replacement removal of an the Issuing Bank hereunder, the replaced retiring Issuing Bank shall remain a party hereto and shall continue to have all the rights and obligations of an Issuing Bank under this Agreement and the other Loan Documents with respect to Letters of Credit issued by it prior to such resignation or replacementremoval, but shall not be required to issue additional Letters of Credit. If at any time there is more than one Issuing Bank hereunder, Borrower may, in its discretion, select which Issuing Bank is to issue any particular Letter of Credit.

Appears in 2 contracts

Samples: Credit Agreement (Ryan's Restaurant Leasing Company, LLC), Credit Agreement (Buffets Inc)

Resignation or Removal of the Issuing Bank. The Issuing Bank may resign as Issuing Bank hereunder at any time upon at least 30 days’ prior notice to the Lenders, the Administrative Agent and Borrower. The Issuing Bank may be replaced at any time by written agreement among Borrower, each the Administrative Agent, the replaced Issuing Bank and the successor Issuing Bank. The Administrative Agent shall notify the Lenders of any such replacement of the Issuing Bank or any such additional Issuing Bank. At the time any such resignation or replacement shall become effective, Borrower shall pay all unpaid fees accrued for the account of the replaced Issuing Bank pursuant to Section 2.05(c). From and after the effective date of any such resignation or replacement or addition, as applicable, (i) the successor or additional Issuing Bank shall have all the rights and obligations of the Issuing Bank under this Agreement with respect to Letters of Credit to be issued by it thereafter and (ii) references herein to the term “Issuing Bank” shall be deemed to refer to such successor or such addition or to any previous Issuing Bank, or to such successor or such addition and all previous Issuing Banks, as the context shall require. After the resignation or replacement of an Issuing Bank hereunder, the replaced Issuing Bank shall remain a party hereto and shall continue to have all the rights and obligations of an Issuing Bank under this Agreement with respect to Letters of Credit issued by it prior to such resignation or replacement, but shall not be required to issue additional Letters of Credit. If at any time there is more than one Issuing Bank hereunder, Borrower may, in its discretion, select which Issuing Bank is to issue any particular Letter of Credit.

Appears in 2 contracts

Samples: Credit Agreement (Hercules Offshore, Inc.), Credit Agreement (Hercules Offshore, Inc.)

Resignation or Removal of the Issuing Bank. The Issuing Bank may resign as Issuing Bank hereunder at any time upon at least by giving 30 days’ prior written notice to the LendersAdministrative Agent, the Lenders and the U.S. Borrower, and may be removed at any time by the U.S. Borrower by notice to the Issuing Bank, the Administrative Agent and Borrowerthe Lenders. The Upon the acceptance of any appointment as the Issuing Bank may be replaced at any time hereunder by written agreement among Borrowera Lender that shall agree to serve as successor Issuing Bank, each Agentsuch successor shall succeed to and become vested with all the interests, rights and obligations of the replaced retiring Issuing Bank and the successor Issuing Bank. The Administrative Agent shall notify the Lenders of any such replacement of the retiring Issuing Bank or any such shall be discharged from its obligations to issue additional Issuing BankLetters of Credit hereunder. At the time any such removal or resignation or replacement shall become effective, Borrower the Borrowers shall pay all accrued and unpaid fees accrued for the account of the replaced Issuing Bank pursuant to Section 2.05(c2.05(d). From The acceptance of any appointment as the Issuing Bank hereunder by a successor Lender shall be evidenced by an agreement entered into by such successor, in a form satisfactory to the U.S. Borrower and the Administrative Agent, and, from and after the effective date of any such resignation or replacement or addition, as applicableagreement, (i) the such successor or additional Issuing Bank Lender shall have all the rights and obligations of the previous Issuing Bank under this Agreement with respect to Letters of Credit to be issued by it thereafter and the other Loan Documents and (ii) references herein and in the other Loan Documents to the term “Issuing Bank” shall be deemed to refer to such successor or such addition or to any previous Issuing Bank, or to such successor or such addition and all previous Issuing Banks, as the context shall require. After the resignation or replacement removal of an the Issuing Bank hereunder, the replaced retiring Issuing Bank shall remain a party hereto and shall continue to have all the rights and obligations of an Issuing Bank under this Agreement and the other Loan Documents with respect to Letters of Credit issued by it prior to such resignation or replacementremoval, but shall not be required to issue additional Letters of Credit. If at any time there is more than one Issuing Bank hereunder, Borrower may, in its discretion, select which Issuing Bank is to issue any particular Letter of Credit.

Appears in 2 contracts

Samples: Amendment and Restatement Agreement (Cbre Group, Inc.), Credit Agreement (Cb Richard Ellis Group Inc)

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Resignation or Removal of the Issuing Bank. The Issuing Bank may resign as Issuing Bank hereunder at any time upon at least 30 days’ prior notice to the Lenders, the Administrative Agent Agents and US Borrower. The Issuing Bank may be replaced at any time by written agreement among BorrowerBorrowers, each Agent, the replaced Issuing Bank and the successor Issuing Bank. The US Administrative Agent shall notify the Lenders of any such replacement of the Issuing Bank or any such additional Issuing Bank. At the time any such resignation or replacement shall become effective, US Borrower shall pay all unpaid fees accrued for the account of the replaced Issuing Bank pursuant to Section 2.05(c). From and after the effective date of any such resignation or replacement or addition, as applicable, (i) the successor or additional Issuing Bank shall have all the rights and obligations of the Issuing Bank under this Agreement with respect to Letters of Credit to be issued by it thereafter and (ii) references herein to the term “Issuing Bank” shall be deemed to refer to such successor or such addition or to any previous Issuing Bank, or to such successor or such addition and all previous Issuing Banks, as the context shall require. After the resignation or replacement of an Issuing Bank hereunder, the replaced Issuing Bank shall remain a party hereto and shall continue to have all the rights and obligations of an Issuing Bank under this Agreement with respect to Letters of Credit issued by it prior to such resignation or replacement, but shall not be required to issue additional Letters of Credit. If at any time there is more than one Issuing Bank hereunder, US Borrower may, in its discretion, select which Issuing Bank is to issue any particular Letter of Credit.

Appears in 2 contracts

Samples: Credit Agreement (SGS International, Inc.), Credit Agreement (Southern Graphic Systems, Inc.)

Resignation or Removal of the Issuing Bank. The Any Issuing Bank may resign as Issuing Bank hereunder at any time upon at least by giving 30 days’ prior written notice to the LendersAdministrative Agent, the Lenders and the U.S. Borrower, and may be removed at any time by the U.S. Borrower by notice to any Issuing Bank, the Administrative Agent and Borrowerthe Lenders. The Upon the acceptance of any appointment as an Issuing Bank may be replaced at any time hereunder by written agreement among Borrowera Lender that shall agree to serve as successor Issuing Bank, each Agentsuch successor shall succeed to and become vested with all the interests, rights and obligations of the replaced retiring Issuing Bank and the successor Issuing Bank. The Administrative Agent shall notify the Lenders of any such replacement of the retiring Issuing Bank or any such shall be discharged from its obligations to issue additional Issuing BankLetters of Credit hereunder. At the time any such removal or resignation or replacement shall become effective, Borrower the Borrowers shall pay all accrued and unpaid fees accrued for the account of the replaced Issuing Bank pursuant to Section 2.05(c2.05(d). From The acceptance of any appointment as an Issuing Bank hereunder by a successor Lender shall be evidenced by an agreement entered into by such successor, in a form reasonably satisfactory to the U.S. Borrower and the Administrative Agent, and, from and after the effective date of any such resignation or replacement or addition, as applicableagreement, (i) the such successor or additional Issuing Bank Lender shall have all the rights and obligations of the previous Issuing Bank under this Agreement with respect to Letters of Credit to be issued by it thereafter and the other Loan Documents and (ii) references herein and in the other Loan Documents to the term “Issuing Bank” shall be deemed to refer to such successor or such addition or to any previous Issuing Bank, or to such successor or such addition and all previous Issuing Banks, as the context shall require. After the resignation or replacement removal of an Issuing Bank hereunder, the replaced retiring Issuing Bank shall remain a party hereto and shall continue to have all the rights and obligations of an Issuing Bank under this Agreement and the other Loan Documents with respect to Letters of Credit issued by it prior to such resignation or replacementremoval, but shall not be required to issue additional Letters of Credit. If at any time there is more than one Issuing Bank hereunder, Borrower may, in its discretion, select which Issuing Bank is to issue any particular Letter of Credit.

Appears in 2 contracts

Samples: Credit Agreement (Cbre Group, Inc.), Credit Agreement (Cbre Group, Inc.)

Resignation or Removal of the Issuing Bank. The Issuing Bank may resign as Issuing Bank hereunder at any time upon at least 30 days’ prior notice to the Lenders, the Administrative Agent and BorrowerBorrowers. The Issuing Bank may be replaced at any time by written agreement among BorrowerBorrowers, each the Administrative Agent, the replaced Issuing Bank and the successor Issuing Bank. One or more Lenders may be appointed as additional Issuing Banks in accordance with subsection (k) below. The Administrative Agent shall notify the Lenders of any such replacement of the Issuing Bank or any such additional Issuing Bank. At the time any such resignation or replacement shall become effective, Borrower shall pay all unpaid fees accrued for the account of the replaced Issuing Bank pursuant to Section 2.05(c). From and after the effective date of any such resignation or replacement or addition, as applicable, (i) the successor or additional Issuing Bank shall have all the rights and obligations of the Issuing Bank under this Agreement with respect to Letters of Credit to be issued by it thereafter and (ii) references herein to the term “Issuing Bank” shall be deemed to refer to such successor or such addition or to any previous Issuing Bank, or to such successor or such addition additional Issuing Bank and all previous Issuing Banks, as the context shall require. After the resignation or replacement of an Issuing Bank hereunder, the replaced Issuing Bank shall remain a party hereto and shall continue to have all the rights and obligations of an Issuing Bank under this Agreement with respect to Letters of Credit issued by it prior to such resignation or replacement, but shall not be required to issue additional Letters of Credit. If at any time there is more than one Issuing Bank hereunder, Borrower Borrowers may, in its their discretion, select which Issuing Bank is to issue any particular Letter of Credit.

Appears in 2 contracts

Samples: Credit Agreement (Bearingpoint Inc), Credit Agreement (Bearingpoint Inc)

Resignation or Removal of the Issuing Bank. The Issuing Bank may resign as Issuing Bank hereunder at any time upon at least by giving 30 days’ prior written notice to the LendersAdministrative Agent, the Lenders and the Borrower, and may be removed at any time by the Borrower by notice to the Issuing Bank, the Administrative Agent and Borrowerthe Lenders. The Upon the acceptance of any appointment as the Issuing Bank may be replaced at any time hereunder by written agreement among Borrower, each Agent, the replaced Issuing Bank and the a Lender that shall agree to serve as successor Issuing Bank. The Administrative Agent , such successor shall notify succeed to and become vested with all the Lenders of any such replacement interests, rights and obligations of the Issuing Bank or any such additional retiring Issuing Bank. At the time any such removal or resignation or replacement shall become effective, the Borrower shall pay all accrued and unpaid fees accrued for the account of the replaced Issuing Bank pursuant to Section 2.05(c2.05(c)(ii). From The acceptance of any appointment as the Issuing Bank hereunder by a successor Lender shall be evidenced by an agreement entered into by such successor, in a form satisfactory to the Borrower and the Administrative Agent, and, from and after the effective date of any such resignation or replacement or addition, as applicableagreement, (i) the such successor or additional Issuing Bank Lender shall have all the rights and obligations of the previous Issuing Bank under this Agreement with respect to Letters of Credit to be issued by it thereafter and the other Finance Documents and (ii) references herein and in the other Finance Documents to the term “Issuing Bank” shall be deemed to refer to such successor or such addition or to any previous Issuing Bank, or to such successor or such addition and all previous Issuing Banks, as the context shall require. After the resignation or replacement removal of an the Issuing Bank hereunder, the replaced retiring Issuing Bank shall remain a party hereto and shall continue to have all the rights and obligations of an Issuing Bank under this Agreement and the other Finance Documents with respect to Letters of Credit issued by it prior to such resignation or replacementremoval, but shall not be required to issue additional Letters of Credit. If at any time there is more than one Issuing Bank hereunder, Borrower may, in its discretion, select which Issuing Bank is to issue any particular Letter of Credit.

Appears in 2 contracts

Samples: Credit Agreement (CGG Veritas), Credit Agreement (CGG Veritas)

Resignation or Removal of the Issuing Bank. The Issuing Bank may resign as Issuing Bank hereunder at any time upon at least 30 days’ prior notice to the Lenders, the Administrative Agent and BorrowerBorrowers. The Issuing Bank may be replaced at any time by written agreement among BorrowerBorrowers, each Agent, the replaced Issuing Bank and the successor Issuing Bank. The Administrative Agent shall notify the Lenders of any such replacement of the Issuing Bank or any such additional Issuing Bank. At the time any such resignation or replacement shall become effective, Borrower Borrowers jointly and severally shall pay all unpaid fees accrued for the account of the replaced Issuing Bank pursuant to Section 2.05(c2.05(d). From and after the effective date of any such resignation or replacement or addition, as applicable, (i) the successor or additional Issuing Bank shall have all the rights and obligations of the Issuing Bank under this Agreement with respect to Letters of Credit to be issued by it thereafter and (ii) references herein to the term “Issuing Bank” shall be deemed to refer to such successor or such addition or to any previous Issuing Bank, or to such successor or such addition and all previous Issuing Banks, as the context shall require. After the resignation or replacement of an Issuing Bank hereunder, the replaced Issuing Bank shall remain a party hereto and shall continue to have all the rights and obligations of an Issuing Bank under this Agreement with respect to Letters of Credit issued by it prior to such resignation or replacement, but shall not be required to issue additional Letters of Credit. If at any time there is more than one Issuing Bank hereunder, a Borrower may, in its discretion, select which Issuing Bank is to issue any particular Letter of Credit.

Appears in 1 contract

Samples: Credit Agreement (AGY Holding Corp.)

Resignation or Removal of the Issuing Bank. The Issuing Bank may resign as Issuing Bank hereunder at any time upon at least 30 days’ prior written notice to the Lenders, the Administrative Agent and Borrower; provided that, if there is only one Issuing Bank hereunder at such time, such resignation shall not become effective until a successor Issuing Bank reasonably satisfactory to Borrower shall have replaced the Issuing Bank. The Issuing Bank may be replaced at any time by written agreement among Borrower, each Agent, the replaced Issuing Bank Administrative Agent and the successor Issuing Bank. The Administrative Agent shall notify the Lenders of any such replacement of the Issuing Bank or any such additional Issuing Bank. At the time any such resignation or replacement shall become effective, Borrower shall pay all unpaid fees and other amounts accrued for the account of the replaced Issuing Bank pursuant to Section 2.05(c). From and after the effective date of any such resignation or replacement or addition, as applicable, (i) the successor or additional Issuing Bank shall have all the rights and obligations of the Issuing Bank under this Agreement with respect to Letters of Credit to be issued by it thereafter and (ii) references herein and in the other Loan Documents to the term “Issuing Bank” shall be deemed to refer to such successor or such addition or to any previous Issuing Bank, or to such successor or such addition and all previous Issuing Banks, as the context shall require. After the resignation or replacement of an Issuing Bank hereunder, the replaced Issuing Bank shall remain a party hereto and shall continue to have all the rights and obligations of an Issuing Bank under this Agreement with respect to Letters of Credit issued by it prior to such resignation or replacement, but shall not be required to issue additional Letters of Credit. If at any time there is more than one Issuing Bank hereunder, Borrower may, in its discretion, select which Issuing Bank is to issue any particular Letter of Credit.

Appears in 1 contract

Samples: Credit Agreement

Resignation or Removal of the Issuing Bank. The Any Issuing Bank may resign as Issuing Bank hereunder at any time upon at least by giving 30 days’ prior written notice to the LendersAdministrative Agent, the Lenders and the U.S. Borrower, and may be removed at any time by the U.S. Borrower by notice to any Issuing Bank, the Administrative Agent and Borrowerthe Lenders. The Upon the acceptance of any appointment as an Issuing Bank may be replaced at any time hereunder by written agreement among Borrowera Lender that shall agree to serve as successor Issuing Bank, each Agentsuch successor shall succeed to and become vested with all the interests, rights and obligations of the replaced retiring Issuing Bank and the successor Issuing Bank. The Administrative Agent shall notify the Lenders of any such replacement of the retiring Issuing Bank or any such shall be discharged from its obligations to issue additional Issuing BankLetters of Credit hereunder. At the time any such removal or resignation or replacement shall become effective, Borrower the Borrowers shall pay all accrued and unpaid fees accrued for the account of the replaced Issuing Bank pursuant to Section 2.05(c2.05(d). From The acceptance of any appointment as an Issuing Bank hereunder by a successor Lender shall be evidenced by an agreement entered into by such successor, in a form satisfactory to the U.S. Borrower and the Administrative Agent, and, from and after the effective date of any such resignation or replacement or addition, as applicableagreement, (i) the such successor or additional Issuing Bank Lender shall have all the rights and obligations of the previous Issuing Bank under this Agreement with respect to Letters of Credit to be issued by it thereafter and the other Loan Documents and (ii) references herein and in the other Loan Documents to the term “Issuing Bank” shall be deemed to refer to such successor or such addition or to any previous Issuing Bank, or to such successor or such addition and all previous Issuing Banks, as the context shall require. After the resignation or replacement removal of an Issuing Bank hereunder, the replaced retiring Issuing Bank shall remain a party hereto and shall continue to have all the rights and obligations of an Issuing Bank under this Agreement and the other Loan Documents with respect to Letters of Credit issued by it prior to such resignation or replacementremoval, but shall not be required to issue additional Letters of Credit. If at any time there is more than one Issuing Bank hereunder, Borrower may, in its discretion, select which Issuing Bank is to issue any particular Letter of Credit.

Appears in 1 contract

Samples: Credit Agreement (Cbre Group, Inc.)

Resignation or Removal of the Issuing Bank. The Issuing Bank may resign as Issuing Bank hereunder at any time upon at least 30 by giving 180 days' prior written notice to the LendersAdministrative Agent, the Lenders and the Borrowers, and may be removed at any time by the Borrowers by notice to the Issuing Bank, the Administrative Agent and Borrowerthe Lenders. The Subject to the next succeeding paragraph, upon the acceptance of any appointment as the Issuing Bank may be replaced at any time hereunder by written agreement among Borrowera Lender that shall agree to serve as successor Issuing Bank, each Agentsuch successor shall succeed to and become vested with all the interests, rights and obligations of the replaced retiring Issuing Bank and the successor Issuing Bank. The Administrative Agent shall notify the Lenders of any such replacement of the retiring Issuing Bank or any such shall be discharged from its obligations to issue additional Issuing BankLetters of Credit hereunder. At the time any such removal or resignation or replacement shall become effective, Borrower the Borrowers shall pay all accrued and unpaid fees accrued for the account of the replaced Issuing Bank pursuant to Section 2.05(c2.05(c)(ii). From The acceptance of any appointment as the Issuing Bank hereunder by a successor Lender shall be evidenced by an agreement entered into by such successor, in a form satisfactory to the Borrowers and the Administrative Agent, and, from and after the effective date of any such resignation or replacement or addition, as applicableagreement, (i) the such successor or additional Issuing Bank Lender shall have all the rights and obligations of the previous Issuing Bank under this Agreement with respect to Letters of Credit to be issued by it thereafter and the other Loan Documents and (ii) references herein and in the other Loan Documents to the term "Issuing Bank” Bank " shall be deemed to refer to such successor or such addition or to any previous Issuing Bank, or to such successor or such addition and all previous Issuing Banks, as the context shall require. After the resignation or replacement removal of an the Issuing Bank hereunder, the replaced retiring Issuing Bank shall remain a party hereto and shall continue to have all the rights and obligations of an Issuing Bank under this Agreement and the other Loan Documents with respect to Letters of Credit issued by it prior to such resignation or replacementremoval, but shall not be required to issue additional Letters of Credit. If at any time there is more than one Issuing Bank hereunder, Borrower may, in its discretion, select which Issuing Bank is to issue any particular Letter of Credit.

Appears in 1 contract

Samples: Credit Agreement (Advantica Restaurant Group Inc)

Resignation or Removal of the Issuing Bank. The Any Issuing Bank may resign as Issuing Bank hereunder at any time upon at least 30 days' prior written notice to the Lenders, the Administrative Agent and the Borrower. The Any Issuing Bank may be replaced at any time by written agreement among Borrowerbetween the Borrower and the Administrative Agent; provided that so long as no Event of Default under Section 10.01 or Section 10.05 is then continuing, each Agent, the replaced such successor Issuing Bank and shall be reasonably acceptable to the successor Borrower. One or more Lenders may be appointed as additional Issuing BankBanks in accordance with clause (k) below. The Administrative Agent shall notify the Lenders of any such replacement of the such Issuing Bank or any such additional Issuing Bank. At the time any such resignation or replacement shall become effective, the Borrower shall pay all unpaid fees accrued for the account of the replaced Issuing Bank pursuant to Section 2.05(c). From and after the effective date of any such resignation or replacement or addition, as applicable, (i) the successor or additional Issuing Bank shall have all the rights and obligations of the an Issuing Bank under this Agreement with respect to Letters of Credit to be issued by it thereafter and (ii) references herein to the term "Issuing Bank" shall be deemed to refer to such successor or such addition or to any previous Issuing Bank, or to such successor or such addition additional Issuing Bank and all previous Issuing Banks, as the context shall require. After the resignation or replacement of an Issuing Bank hereunder, the replaced Issuing Bank shall remain a party hereto and shall continue to have all the rights and obligations of an Issuing Bank under this Agreement with respect to Letters of Credit issued by it prior to such resignation or replacement, but shall not be required to issue additional Letters of Credit. If at any time there is more than one Issuing Bank hereunder, the Borrower may, in its discretion, select which Issuing Bank is to issue any particular Letter of Credit.

Appears in 1 contract

Samples: Credit Agreement (SunOpta Inc.)

Resignation or Removal of the Issuing Bank. The Any Issuing Bank may resign as an Issuing Bank hereunder at any time upon at least 30 days’ prior notice to the Lenders, the Administrative Agent and Borrower. The resigning Issuing Bank may be replaced at any time by written agreement among Borrower, each Agent, the replaced resigning Issuing Bank and the successor Issuing Bank. The Administrative Agent shall notify the Lenders of any such replacement of the any Issuing Bank or any such additional Issuing Bank. At the time any such resignation or replacement shall become effective, Borrower shall pay all unpaid fees accrued for the account of the replaced Issuing Bank pursuant to Section 2.05(c2.05(c)(c). From and after the effective date of any such resignation or replacement or addition, as applicable, (i) the successor or additional Issuing Bank shall have all the rights and obligations of the an Issuing Bank under this Agreement with respect to Letters of Credit to be issued by it thereafter and (ii) references herein to the term “Issuing Bank” shall be deemed to refer to such successor or such addition or to any previous Issuing Bank, or to such successor or such addition and all previous Issuing Banks, as the context shall require. After the resignation or replacement of an Issuing Bank hereunder, the replaced Issuing Bank shall remain a party hereto and shall continue to have all the rights and obligations of an Issuing Bank under this Agreement with respect to Letters of Credit issued by it prior to such resignation or replacement, but shall not be required to issue additional Letters of Credit. If at any time there is more than one Issuing Bank hereunder, Borrower may, in its discretion, select which Issuing Bank is to issue any particular Letter of Credit.

Appears in 1 contract

Samples: Credit Agreement (Regency Energy Partners LP)

Resignation or Removal of the Issuing Bank. The Issuing Bank may resign as Issuing Bank hereunder at any time upon at least 30 days' prior notice to the Lenders, the Administrative Agent and Borrower. The Issuing Bank may be replaced at any time by written agreement among Borrower, each Agent, the replaced Issuing Bank and the successor Issuing Bank. The Administrative Agent shall notify the Lenders of any such replacement of the Issuing Bank or any such additional Issuing Bank. At the time any such resignation or replacement shall become effective, Borrower shall pay all unpaid fees accrued for the account of the replaced Issuing Bank pursuant to Section SECTION 2.05(c). From and after the effective date of any such resignation or replacement or addition, as applicable, (i) the successor or additional Issuing Bank shall have all the rights and obligations of the Issuing Bank under this Agreement with respect to Letters of Credit to be issued by it thereafter and (ii) references herein to the term "Issuing Bank" shall be deemed to refer to such successor or such addition or to any previous Issuing Bank, or to such successor or such addition and all previous Issuing Banks, as the context shall require. After the resignation or replacement of an Issuing Bank hereunder, the replaced Issuing Bank shall remain a party hereto and shall continue to have all the rights and obligations of an Issuing Bank under this Agreement with respect to Letters of Credit issued by it prior to such resignation or replacement, but shall not be required re- quired to issue additional Letters of Credit. If at any time there is more than one Issuing Bank hereunder, Borrower may, in its discretion, select which Issuing Bank is to issue any particular Letter of Credit.

Appears in 1 contract

Samples: Credit Agreement (GSE Lining Technology, Inc.)

Resignation or Removal of the Issuing Bank. The Issuing Bank may resign as Issuing Bank hereunder at any time upon at least 30 days’ prior notice to the Lenders, the Administrative Agent and Borrower; provided that such resignation shall not be effective unless and until a substitute or replacement Issuing Bank has been appointed. The Issuing Bank may be replaced at any time by written agreement among Borrower, each Agent, the replaced Issuing Bank and the successor Issuing Bank. The Administrative Agent shall notify the Lenders of any such replacement of the Issuing Bank or any such additional Issuing Bank. At the time any such resignation or replacement shall become effective, Borrower shall pay all unpaid fees accrued for the account of the replaced Issuing Bank pursuant to Section 2.05(c). From and after the effective date of any such resignation or replacement or addition, as applicable, (i) the successor or additional Issuing Bank shall have all the rights and obligations of the Issuing Bank under this Agreement with respect to Letters of Credit to be issued by it thereafter and (ii) references herein to the term “Issuing Bank” shall be deemed to refer to such successor or such addition or to any previous Issuing Bank, or to such successor or such addition and all previous Issuing Banks, as the context shall require. After the resignation or replacement of an Issuing Bank hereunder, the replaced Issuing Bank shall remain a party hereto and shall continue to have all the rights and obligations of an Issuing Bank under this Agreement with respect to Letters of Credit issued by it prior to such resignation or replacement, but shall not be required to issue additional Letters of Credit. If at any time there is more than one Issuing Bank hereunder, Borrower may, in its discretion, select which Issuing Bank is to issue any particular Letter of Credit.

Appears in 1 contract

Samples: Credit Agreement (On Assignment Inc)

Resignation or Removal of the Issuing Bank. The Issuing Bank may resign as Issuing Bank hereunder at any time upon at least 30 by giving 180 days' prior written notice to the LendersAdministrative Agent, the Lenders and the Borrower, and may be removed at any time by the Borrower by notice to the Issuing Bank, the Administrative Agent and Borrowerthe Lenders. The Subject to the next succeeding paragraph, upon the acceptance of any appointment as the Issuing Bank may be replaced at any time hereunder by written agreement among Borrowera Lender that shall agree to serve as successor Issuing Bank, each Agentsuch successor shall succeed to and become vested with all the interests, rights and obligations of the replaced retiring Issuing Bank and the successor Issuing Bank. The Administrative Agent shall notify the Lenders of any such replacement of the retiring Issuing Bank or any such shall be discharged from its obligations to issue additional Issuing BankLetters of Credit hereunder. At the time any such removal or resignation or replacement shall become effective, the Borrower shall pay all accrued and unpaid fees accrued for the account of the replaced Issuing Bank pursuant to Section 2.05(c2.05(c)(ii). From The acceptance of any appointment as the Issuing Bank hereunder by a successor Lender shall be evidenced by an agreement entered into by such successor, in a form satisfactory to the Borrower and the Administrative Agent, and, from and after the effective date of any such resignation or replacement or addition, as applicableagreement, (i) the such successor or additional Issuing Bank Lender shall have all the rights and obligations of the previous Issuing Bank under this Agreement with respect to Letters of Credit to be issued by it thereafter and the other Loan Documents and (ii) references herein and in the other Loan Documents to the term "Issuing Bank" shall be deemed to refer to such successor or such addition or to any previous Issuing Bank, or to such successor or such addition and all previous Issuing Banks, as the context shall require. After the resignation or replacement removal of an the Issuing Bank hereunder, the replaced retiring Issuing Bank shall remain a party hereto and shall continue to have all the rights and obligations of an Issuing Bank under this Agreement and the other Loan Documents with respect to Letters of Credit issued by it prior to such resignation or replacementremoval, but shall not be required to issue additional Letters of Credit. If at any time there is more than one Issuing Bank hereunder, Borrower may, in its discretion, select which Issuing Bank is to issue any particular Letter of Credit.

Appears in 1 contract

Samples: Credit Agreement (Johnstown America Industries Inc)

Resignation or Removal of the Issuing Bank. The Issuing Bank may resign as Issuing Bank hereunder at any time upon at least 30 thirty days’ prior written notice to the Lenders, the Administrative Agent and Borrowerthe Borrowers. The Issuing Bank may be replaced at any time by written agreement among Borrower, each Agent, the replaced Issuing Bank and the successor Issuing BankBorrowers. The Borrowers shall notify the Administrative Agent and then the Administrative Agent shall notify the Lenders of any such replacement of the Issuing Bank or any such additional Issuing Bank. At the time any such resignation or replacement shall become effective, Borrower the Borrowers shall pay all unpaid fees accrued for the account of the replaced Issuing Bank pursuant to Section 2.05(c2.05(d). From and after the effective date of any such resignation or replacement or additionreplacement, as applicable, (i) the successor or additional Issuing Bank shall have all the rights and obligations of the Issuing Bank under this Agreement with respect to Letters of Credit to be issued by it thereafter and (ii) references herein and in the other Loan Documents to the term “Issuing Bank” shall be deemed to refer to such successor or such addition or to any previous Issuing Bank, or to such successor or such addition and all previous Issuing Banks, as the context shall require. After the resignation or replacement of an Issuing Bank hereunder, the replaced Issuing Bank shall remain a party hereto and shall continue to have all the rights and obligations of an Issuing Bank under this Agreement with respect to Letters of Credit issued by it prior to such resignation or replacement, but shall not be required to issue additional Letters of Credit. If at any time there is more than one Issuing Bank hereunder, Borrower may, in its discretion, select which Issuing Bank is to issue any particular Letter of Credit.

Appears in 1 contract

Samples: Credit Agreement (Nutrition Topco, LLC)

Resignation or Removal of the Issuing Bank. The Issuing Bank may resign as Issuing Bank hereunder at any time upon at least 30 days' prior notice to the Lenders, the Administrative Agent and Borrower. If the resigning Issuing Bank is UBS, the successor Issuing Bank shall be Xxxxxxx Xxxxx Bank USA. The Issuing Bank may be replaced at any time by written agreement among Borrower, each the Administrative Agent, the replaced Issuing Bank and the successor Issuing Bank. One or more Lenders may be appointed as additional Issuing Banks in accordance with subsection (k) below. The Administrative Agent shall notify the Lenders of any such replacement of the Issuing Bank or any such additional Issuing Bank. At the time any such resignation or replacement shall become effective, Borrower shall pay all unpaid fees accrued for the account of the replaced Issuing Bank pursuant to Section 2.05(c). From and after the effective date of any such resignation or replacement or addition, as applicable, (i) the successor or additional Issuing Bank shall have all the rights and obligations of the Issuing Bank under this Agreement with respect to Letters of Credit to be issued by it thereafter and (ii) references herein to the term “Issuing Bank” "ISSUING BANK" shall be deemed to refer to such successor or such addition or to any previous Issuing Bank, or to such successor or such addition additional Issuing Bank and all previous Issuing Banks, as the context shall require. After the resignation or replacement of an Issuing Bank hereunder, the replaced Issuing Bank shall remain a party hereto and shall continue to have all the rights and obligations of an Issuing Bank under this Agreement with respect to Letters of Credit issued by it prior to such resignation or replacement, but shall not be required to issue additional Letters of Credit. If at any time there is more than one Issuing Bank hereunder, Borrower may, in its discretion, select which Issuing Bank is to issue any particular Letter of Credit.

Appears in 1 contract

Samples: Credit Agreement (General Cable Corp /De/)

Resignation or Removal of the Issuing Bank. The Issuing Bank may resign as Issuing Bank hereunder at any time upon at least 30 days’ prior written notice to the Lenders, the Administrative Agent and the Lead Borrower. The Issuing Bank may be replaced at any time by written agreement among the Lead Borrower, each the Administrative Agent, the replaced Issuing Bank and the successor Issuing Bank. One or more Lenders may be appointed as additional Issuing Banks in accordance with subsection (k) below. The Administrative Agent shall notify the Lenders of any such replacement of the Issuing Bank or any such additional Issuing Bank. At the time any such resignation or replacement shall become effective, Borrower the Borrowers shall pay all unpaid fees accrued for the account of the replaced Issuing Bank pursuant to Section 2.05(c). From and after the effective date of any such resignation or replacement or addition, as applicable, (i) the successor or additional Issuing Bank shall have all the rights and obligations of the Issuing Bank under this Agreement with respect to Letters of Credit to be issued by it thereafter and (ii) references herein to the term “Issuing Bank” shall be deemed to refer to such successor or such addition or to any previous Issuing Bank, or to such successor or such addition additional Issuing Bank and all previous Issuing Banks, as the context shall require. After the resignation or replacement of an Issuing Bank hereunder, the replaced Issuing Bank shall remain a party hereto and shall continue to have all the rights and obligations of an Issuing Bank under this Agreement with respect to Letters of Credit issued by it prior to such resignation or replacement, but shall not be required to issue additional Letters of Credit. If at any time there is more than one Issuing Bank hereunder, the Lead Borrower may, in its discretion, select which Issuing Bank is to issue any particular Letter of Credit.

Appears in 1 contract

Samples: Credit Agreement (Broder Bros Co)

Resignation or Removal of the Issuing Bank. The Any Issuing Bank may resign as Issuing Bank hereunder at any time upon at least by giving 30 days’ prior written notice to the LendersAdministrative Agent, the Lenders and the U.S. Borrower, and may be removed at any time by the U.S. Borrower by notice to any Issuing Bank, the Administrative Agent and Borrowerthe Lenders. The Upon the acceptance of any appointment as an Issuing Bank may be replaced at any time hereunder by written agreement among Borrowera Lender that shall agree to serve as successor Issuing Bank, each Agentsuch successor shall succeed to and become vested with all the interests, rights and obligations of the replaced retiring Issuing Bank and the successor Issuing Bank. The Administrative Agent shall notify the Lenders of any such replacement of the retiring Issuing Bank or any such shall be discharged from its obligations to issue additional Issuing BankLetters of Credit hereunder. At the time any such removal or resignation or replacement shall become effective, Borrower the Borrowers shall pay all accrued and unpaid fees accrued for the account of the replaced Issuing Bank pursuant to Section 2.05(c2.05(d). From The acceptance of any appointment as an Issuing Bank hereunder by a successor Xxxxxx shall be evidenced by an agreement entered into by such successor, in a form reasonably satisfactory to the U.S. Borrower and the Administrative Agent, and, from and after the effective date of any such resignation or replacement or addition, as applicableagreement, (i) the such successor or additional Issuing Bank Lender shall have all the rights and obligations of the previous Issuing Bank under this Agreement with respect to Letters of Credit to be issued by it thereafter and the other Loan Documents and (ii) references herein and in the other Loan Documents to the term “Issuing Bank” shall be deemed to refer to such successor or such addition or to any previous Issuing Bank, or to such successor or such addition and all previous Issuing Banks, as the context shall require. After the resignation or replacement removal of an Issuing Bank hereunder, the replaced retiring Issuing Bank shall remain a party hereto and shall continue to have all the rights and obligations of an Issuing Bank under this Agreement and the other Loan Documents with respect to Letters of Credit issued by it prior to such resignation or replacementremoval, but shall not be required to issue additional Letters of Credit. If at any time there is more than one Issuing Bank hereunder, Borrower may, in its discretion, select which Issuing Bank is to issue any particular Letter of Credit.

Appears in 1 contract

Samples: Credit Agreement (Cbre Group, Inc.)

Resignation or Removal of the Issuing Bank. The Issuing Bank may resign as Issuing Bank hereunder at any time upon at least 30 days' prior notice to the Lenders, the Administrative Agent and Borrower. The Issuing Bank may be replaced at any time by written agreement among Borrower, each the Administrative Agent, the replaced Issuing Bank and the successor Issuing Bank. One or more Lenders may be appointed as additional Issuing Banks in accordance with subsection (k) below. The Administrative Agent shall notify the Lenders of any such replacement of the Issuing Bank or any such additional Issuing Bank. At the time any such resignation or replacement shall become effective, Borrower shall pay all unpaid fees accrued for the account of the replaced Issuing Bank pursuant to Section 2.05(c). From and after the effective date of any such resignation or replacement or addition, as applicable, (i) the successor or additional Issuing Bank shall have all the rights and obligations of the Issuing Bank under this Agreement with respect to Letters of Credit to be issued by it thereafter and (ii) references herein to the term “Issuing Bank” "ISSUING BANK" shall be deemed to refer to such successor or such addition or to any previous Issuing Bank, or to such successor or such addition additional Issuing Bank and all previous Issuing Banks, as the context shall require. After the resignation or replacement of an Issuing Bank hereunder, the replaced Issuing Bank shall remain a party hereto and shall continue to have all the rights and obligations of an Issuing Bank under this Agreement with respect to Letters of Credit issued by it prior to such resignation or replacement, but shall not be required to issue additional Letters of Credit. If at any time there is more than one Issuing Bank hereunder, Borrower may, in its discretion, select which Issuing Bank is to issue any particular Letter of Credit.

Appears in 1 contract

Samples: Credit Agreement (General Cable Corp /De/)

Resignation or Removal of the Issuing Bank. The Issuing Bank may resign as Issuing Bank hereunder at any time upon at least 30 days’ prior written notice to the Lenders, the Administrative Agent and BorrowerBorrower only so long as a Lender that is reasonably acceptable to Borrower has agreed to be appointed as a successor Issuing Bank, in each case in accordance with this Section 2.18(k); provided that, upon the reasonable request of any Issuing Bank, Borrower shall use commercially reasonable efforts to assist such Issuing Bank to find a replacement. The Issuing Bank may be replaced at any time by written agreement among Borrower, each Agent, the replaced Issuing Bank Administrative Agent and the successor Issuing Bank. Borrower may, other than with respect to any then existing Letters of Credit, terminate the appointment of any Issuing Bank by providing a written notice to such Issuing Bank with a copy thereof to the Administrative Agent. The Administrative Agent shall notify the Lenders of any such termination of the Issuing Bank, replacement of the Issuing Bank or any such additional Issuing BankBank designated under Section 2.18(j). At the time any such termination, resignation or replacement shall become effective, Borrower shall pay all unpaid fees accrued for the account of the replaced Issuing Bank pursuant to Section 2.05(c). From and after the effective date of any such termination, resignation or replacement or addition, as applicable, , (i) the successor or additional Issuing Bank shall have all the rights and obligations of the Issuing Bank under this Agreement with respect to Letters of Credit to be issued by it thereafter and (ii) references herein and in the other Loan Documents to the term “Issuing Bank” shall be deemed to refer to such successor or such addition or to any previous Issuing Bank, or to such successor or such addition and all previous Issuing Banks, as the context shall require. After the termination, resignation or replacement of an Issuing Bank hereunder, the replaced Issuing Bank shall remain a party hereto and shall continue to have all the rights and obligations of an Issuing Bank under this Agreement with respect to Letters of Credit issued by it prior to such termination, resignation or replacement, but shall not be required to issue additional Letters of Credit. If at any time there is more than one Issuing Bank hereunder, Borrower may, in its discretion, select which Issuing Bank is to issue any particular Letter of Credit.

Appears in 1 contract

Samples: First Lien Credit Agreement (SolarWinds Corp)

Resignation or Removal of the Issuing Bank. The Issuing Bank may resign as Issuing Bank hereunder at any time upon at least 30 days’ prior notice to the Lenders, the Administrative Agent and the Cayman Borrower. The Issuing Bank may be replaced at any time by written agreement among the Cayman Borrower, each Agent, the replaced Issuing Bank and the successor Issuing Bank. The Administrative Agent shall notify the Lenders of any such replacement of the Issuing Bank or any such additional Issuing Bank. At the time any such resignation or replacement shall become effective, the Cayman Borrower shall pay all unpaid fees accrued for the account of the replaced Issuing Bank pursuant to Section 2.05(c). From and after the effective date of any such resignation or replacement or addition, as applicable, (i) the successor or additional Issuing Bank shall have all the rights and obligations of the Issuing Bank under this Agreement with respect to Cayman Letters of Credit to be issued by it thereafter and (ii) references herein to the term “Issuing Bank” shall be deemed to refer to such successor or such addition or to any previous Issuing Bank, or to such successor or such addition and all previous Issuing Banks, as the context shall require. After the resignation or replacement of an Issuing Bank hereunder, the replaced Issuing Bank shall remain a party hereto and shall continue to have all the rights and obligations of an Issuing Bank under this Agreement with respect to Cayman Letters of Credit issued by it prior to such resignation or replacement, but shall not be required to issue additional Cayman Letters of Credit. If at any time there is more than one Issuing Bank hereunder, the Cayman Borrower may, in its discretion, select which Issuing Bank is to issue any particular Cayman Letter of Credit.

Appears in 1 contract

Samples: Credit Agreement (Sciele Pharma, Inc.)

Resignation or Removal of the Issuing Bank. The Issuing Bank may resign as Issuing Bank hereunder at any time upon at least 30 by giving 180 days' prior written notice to the LendersAdministrative Agent, the Lenders and the Borrower, and may be removed at any time by the Borrower by notice to the Issuing Bank, the Administrative Agent and Borrowerthe Lenders. The Upon the acceptance of any appointment as the Issuing Bank may be replaced at any time hereunder by written agreement among Borrowera Lender that shall agree to serve as successor Issuing Bank, each Agentsuch successor shall succeed to and become vested with all the interests, rights and obligations of the replaced retiring Issuing Bank and the successor Issuing Bank. The Administrative Agent shall notify the Lenders of any such replacement of the retiring Issuing Bank or any such shall be discharged from its obligations to issue additional Issuing BankLetters of Credit hereunder. At the time any such removal or resignation or replacement shall become effective, the Borrower shall pay all accrued and unpaid fees accrued for the account of the replaced Issuing Bank pursuant to Section 2.05(c2.05(c)(ii). From The acceptance of any appointment as the Issuing Bank hereunder by a successor Lender shall be evidenced by an agreement entered into by such successor, in a form satisfactory to the Borrower and the Administrative Agent, and, from and after the effective date of any such resignation or replacement or addition, as applicableagreement, (i) the such successor or additional Issuing Bank Lender shall have all the rights and obligations of the previous Issuing Bank under this Agreement with respect to Letters of Credit to be issued by it thereafter and the other Loan Documents and (ii) references herein and in the other Loan Documents to the term "Issuing Bank" shall be deemed to refer to such successor or such addition or to any previous Issuing Bank, or to such successor or such addition and all previous Issuing Banks, as the context shall require. After the resignation or replacement removal of an the Issuing Bank hereunder, the replaced retiring Issuing Bank shall remain a party hereto and shall continue to have all the rights and obligations of an Issuing Bank under this Agreement and the other Loan Documents with respect to Letters of Credit issued by it prior to such resignation or replacementremoval, but shall not be required to issue additional Letters of Credit. If at any time there is more than one Issuing Bank hereunder, Borrower may, in its discretion, select which Issuing Bank is to issue any particular Letter of Credit.

Appears in 1 contract

Samples: Credit Agreement (Amis Holdings Inc)

Resignation or Removal of the Issuing Bank. The Issuing Bank may resign as Issuing Bank hereunder at any time upon at least 30 days’ prior written notice to the Lenders, the Administrative Agent and the Lead Borrower. The Issuing Bank may be replaced at any time by written agreement among the Lead Borrower, each the Administrative Agent, the replaced Issuing Bank and the successor Issuing Bank. One or more Revolving Lenders may be appointed as additional Issuing Banks in accordance with subsection (k) below. The Administrative Agent shall notify the Revolving Lenders of any such replacement of the Issuing Bank or any such additional Issuing Bank. At the time any such resignation or replacement shall become effective, Borrower the Borrowers shall pay all unpaid fees accrued for the account of the replaced Issuing Bank pursuant to Section 2.05(c). From and after the effective date of any such resignation or replacement or addition, as applicable, (i) the successor or additional Issuing Bank shall have all the rights and obligations of the Issuing Bank under this Agreement with respect to Letters of Credit to be issued by it thereafter and (ii) references herein to the term “Issuing Bank” shall be deemed to refer to such successor or such addition or to any previous Issuing Bank, or to such successor or such addition additional Issuing Bank and all previous Issuing Banks, as the context shall require. After the resignation or replacement of an Issuing Bank hereunder, the replaced Issuing Bank shall remain a party hereto until no more Letters of Credit issued by it are outstanding and shall continue to have all the rights and obligations of an Issuing Bank under this Agreement with respect to outstanding Letters of Credit issued by it prior to such resignation or replacement, but shall not be required to issue additional Letters of Credit. If at any time there is more than one Issuing Bank hereunder, the Lead Borrower may, in its discretion, select which Issuing Bank is to issue any particular Letter of Credit.

Appears in 1 contract

Samples: Credit Agreement (Broder Bros., Co.)

Resignation or Removal of the Issuing Bank. The Issuing Bank may resign as Issuing Bank hereunder at any time upon at least 30 days' prior notice to the Lenders, the Administrative Agent Agents and Administrative Borrower. The Issuing Bank may be replaced at any time by written agreement among BorrowerUS Borrowers, each Agent, the replaced Issuing Bank and the successor Issuing Bank. The US Administrative Agent shall notify the Lenders of any such replacement of the Issuing Bank or any such additional Issuing Bank. At the time any such resignation or replacement shall become effective, Borrower US Borrowers shall pay all unpaid fees accrued for the account of the replaced Issuing Bank pursuant to Section 2.05(c). From and after the effective date of any such resignation or replacement or addition, as applicable, (i) the successor or additional Issuing Bank shall have all the rights and obligations of the Issuing Bank under this Agreement with respect to Letters of Credit to be issued by it thereafter and (ii) references herein to the term "Issuing Bank" shall be deemed to refer to such successor or such addition or to any previous Issuing Bank, or to such successor or such addition and all previous Issuing Banks, as the context shall require. After the resignation or replacement of an Issuing Bank hereunder, the replaced Issuing Bank shall remain a party hereto and shall continue to have all the rights and obligations of an Issuing Bank under this Agreement with respect to Letters of Credit issued by it prior to such resignation or replacement, but shall not be required to issue additional Letters of Credit. If at any time there is more than one Issuing Bank hereunder, Borrower US Borrowers may, in its their discretion, select which Issuing Bank is to issue any particular Letter of Credit.

Appears in 1 contract

Samples: Credit Agreement (LNT Leasing II, LLC)

Resignation or Removal of the Issuing Bank. The Issuing Bank may resign as Issuing Bank hereunder at any time upon at least 30 days’ prior notice to the Lenders, the Administrative Agent and Borrower. The Issuing Bank may be replaced at any time by written agreement among Borrower, each Agent, the replaced Issuing Bank and the successor Issuing Bank. The Administrative Agent shall notify the Lenders of any such replacement of the Issuing Bank or any such additional Issuing Bank. At the time any such resignation or replacement shall become effective, Borrower shall pay all unpaid fees accrued and then due for the account of the replaced Issuing Bank pursuant to Section 2.05(c). From and after the effective date of any such resignation or replacement or addition, as applicable, (i) the successor or additional Issuing Bank shall have all the rights and obligations of the Issuing Bank under this Agreement with respect to Letters of Credit to be issued by it thereafter and (ii) references herein to the term “Issuing Bank” shall be deemed to refer to such successor or such addition or to any previous Issuing Bank, or to such successor or such addition and all previous Issuing Banks, as the context shall require. After the resignation or replacement of an Issuing Bank hereunder, the replaced Issuing Bank shall remain a party hereto and shall continue to have all the rights and obligations of an Issuing Bank under this Agreement with respect to Letters of Credit issued by it prior to such resignation or replacement, but shall not be required to issue additional Letters of Credit. If at any time there is more than one Issuing Bank hereunder, Borrower may, in its discretion, select which Issuing Bank is to issue any particular Letter of Credit.

Appears in 1 contract

Samples: Credit Agreement (Cambium-Voyager Holdings, Inc.)

Resignation or Removal of the Issuing Bank. The Issuing Bank may resign as Issuing Bank hereunder at any time upon at least 30 days’ prior written notice to the Lenders, the Administrative Agent and BorrowerBorrower only so long as a Lender that is reasonably acceptable to Borrower has agreed to be appointed as a successor Issuing Bank, in each case in accordance with this Section 2.18(k); provided that, upon the reasonable request of any Issuing Bank, Borrower shall use commercially reasonable efforts to assist such Issuing Bank to find a replacement. The Issuing Bank may be replaced at any time by written agreement among Borrower, each Agent, the replaced Issuing Bank Administrative Agent and the successor Issuing Bank. Borrower may, other than with respect to any then existing Letters of Credit, terminate the appointment of any Issuing Bank by providing a written notice to such Issuing Bank with a copy thereof to the Administrative Agent. The Administrative Agent shall notify the Lenders of any such termination of the Issuing Bank, replacement of the Issuing Bank or any such additional Issuing BankBank designated under Section 2.18(j). At the time any such termination, resignation or replacement shall become effective, Borrower shall pay all unpaid fees accrued for the account of the replaced Issuing Bank pursuant to Section 2.05(c). From and after the effective date of any such termination, resignation or replacement or addition, as applicable, (i) the successor or additional Issuing Bank shall have all the rights and obligations of the Issuing Bank under this Agreement with respect to Letters of Credit to be issued by it thereafter and (ii) references herein and in the other Loan Documents to the term “Issuing Bank” shall be deemed to refer to such successor or such addition or to any previous Issuing Bank, or to such successor or such addition and all previous Issuing Banks, as the context shall require. After the termination, resignation or replacement of an Issuing Bank hereunder, the replaced Issuing Bank shall remain a party hereto and shall continue to have all the rights and obligations of an Issuing Bank under this Agreement with respect to Letters of Credit issued by it prior to such termination, resignation or replacement, but shall not be required to issue additional Letters of Credit. If at any time there is more than one Issuing Bank hereunder, Borrower may, in its discretion, select which Issuing Bank is to issue any particular Letter of Credit.

Appears in 1 contract

Samples: First Lien Credit Agreement (SolarWinds Corp)

Resignation or Removal of the Issuing Bank. The Issuing Bank may resign as Issuing Bank hereunder at any time upon at least 30 days' prior notice to the Lenders, the Administrative Agent and Borrower. The Issuing Bank may be replaced at any time by written agreement among Borrower, each Agent, the replaced Issuing Bank and the successor Issuing Bank. The Administrative Agent shall notify the Lenders of any such replacement of the Issuing Bank or any such additional Issuing Bank. At the time any such resignation or replacement shall become effective, Borrower shall pay all unpaid and invoiced fees accrued for the account of the replaced Issuing Bank pursuant to Section 2.05(c). From and after the effective date of any such resignation or replacement or addition, as applicable, (i) the successor or additional Issuing Bank shall have all the rights and obligations of the Issuing Bank under this Agreement with respect to Letters of Credit to be issued by it thereafter and (ii) references herein to the term "Issuing Bank" shall be deemed to refer to such successor or such addition or to any previous Issuing Bank, or to such successor or such addition and all previous Issuing Banks, as the context shall require. After the resignation or replacement of an Issuing Bank hereunder, the replaced Issuing Bank shall remain a party hereto and shall continue to have all the rights and obligations of an Issuing Bank under this Agreement with respect to Letters of Credit issued by it prior to such resignation or replacement, but shall not be required to issue additional Letters of Credit. If at any time there is more than one Issuing Bank hereunder, Borrower may, in its discretion, select which Issuing Bank is to issue any particular Letter of Credit.

Appears in 1 contract

Samples: Credit Agreement (HealthSpring, Inc.)

Resignation or Removal of the Issuing Bank. The Issuing Bank may resign as Issuing Bank hereunder at any time upon at least 30 days’ prior notice to the Lenders, the Administrative Agent and Borrower. The Issuing Bank may be replaced at any time by giving 30 days' prior written agreement among Borrower, each notice to the Administrative Agent, the replaced Lenders and the Borrower. Subject to the next succeeding paragraph, upon the acceptance of any appointment as the Issuing Bank hereunder by a Lender that shall agree to serve as successor Issuing Bank, such successor shall succeed to and become vested with all the interests, rights and obligations of the retiring Issuing Bank and the successor Issuing Bank. The Administrative Agent shall notify the Lenders of any such replacement of the retiring Issuing Bank or any such shall be discharged from its obligations to issue additional Issuing BankLetters of Credit hereunder. At the time any such removal or resignation or replacement shall become effective, the Borrower shall pay all accrued and unpaid fees accrued for the account of the replaced Issuing Bank pursuant to Section 2.05(c2.05(c)(ii). From The acceptance of any appointment as the Issuing Bank hereunder by a successor Lender shall be evidenced by an agreement entered into by such successor, in a form satisfactory to the Borrower and the Administrative Agent, and, from and after the effective date of any such resignation or replacement or addition, as applicableagreement, (i) the such successor or additional Issuing Bank Lender shall have all the rights and obligations of the previous Issuing Bank under this Agreement with respect to Letters of Credit to be issued by it thereafter and the other Loan Documents and (ii) references herein and in the other Loan Documents to the term "Issuing Bank" shall be deemed to refer to such successor or such addition or to any previous Issuing Bank, or to such successor or such addition and all previous Issuing Banks, as the context shall require. After the resignation or replacement removal of an the Issuing Bank hereunder, the replaced retiring Issuing Bank shall remain a party hereto and shall continue to have all the rights and obligations of an Issuing Bank under this Agreement and the other Loan Documents with respect to Letters of Credit issued by it prior to such resignation or replacementremoval, but shall not be required to issue additional Letters of Credit. If at any time there is more than one Issuing Bank hereunder, Borrower may, in its discretion, select which Issuing Bank is to issue any particular Letter of Credit.

Appears in 1 contract

Samples: Credit Agreement (Alpha Natural Resources, Inc.)

Resignation or Removal of the Issuing Bank. The Issuing Bank may resign as Issuing Bank hereunder at any time upon at least by giving 30 days’ prior written notice to the LendersAustralian Agent, the Administrative Agent Lenders and the Borrower. The Issuing Bank , and may be replaced removed at any time by written agreement among Borrower, each Agentthe Borrower by notice to the Issuing Bank, the replaced Australian Agent and the Lenders. Subject to the next succeeding paragraph, upon the acceptance of any appointment as the Issuing Bank hereunder by a Lender that shall agree to serve as successor Issuing Bank, such successor shall succeed to and become vested with all the interests, rights and obligations of the retiring Issuing Bank and the successor Issuing Bank. The Administrative Agent shall notify the Lenders of any such replacement of the retiring Issuing Bank or any such shall be discharged from its obligations to issue additional Issuing BankCredits hereunder. At the time any such removal or resignation or replacement shall become effective, the Borrower shall pay all accrued and unpaid fees accrued for the account of the replaced Issuing Bank Fees pursuant to Section 2.05(c). From The acceptance of any appointment as the Issuing Bank hereunder by a successor Lender shall be evidenced by an agreement entered into by such successor, in a form satisfactory to the Borrower and the US Agent, and, from and after the effective date of any such resignation or replacement or addition, as applicableagreement, (i) the such successor or additional Issuing Bank Lender shall have all the rights and obligations of the previous Issuing Bank under this Agreement with respect to Letters of Credit to be issued by it thereafter and the other Loan Documents and (ii) references herein and in the other Loan Documents to the term “Issuing Bank” shall be deemed to refer to such successor or such addition or to any previous Issuing Bank, or to such successor or such addition and all previous Issuing BanksBank, as the context shall require. After the resignation or replacement removal of an the Issuing Bank hereunder, the replaced retiring Issuing Bank shall remain a party hereto and shall continue to have all the rights and obligations of an the Issuing Bank under this Agreement and the other Loan Documents with respect to Letters of Credit Credits issued by it prior to such resignation or replacementremoval, but shall not be required to issue additional Letters of Credit. If at any time there is more than one Issuing Bank hereunder, Borrower may, in its discretion, select which Issuing Bank is to issue any particular Letter of CreditCredits.

Appears in 1 contract

Samples: Syndicated Facility Agreement (Oil States International, Inc)

Resignation or Removal of the Issuing Bank. The Issuing Bank may resign as Issuing Bank hereunder at any time upon at least 30 days’ prior notice to the Lenders, the Administrative Agent and Borrowerthe Borrowers. The Issuing Bank may be replaced at any time by written agreement among Borrowerthe Borrowers, each the Administrative Agent, the replaced Issuing Bank and the successor Issuing Bank. One or more Lenders may be appointed as additional Issuing Banks in accordance with subsection (k) below. The Administrative Agent shall notify the Lenders of any such replacement of the Issuing Bank or any such additional Issuing Bank. At the time any such resignation or replacement shall become effective, Borrower the Borrowers shall pay all unpaid fees accrued for the account of the replaced Issuing Bank pursuant to Section 2.05(c). From and after the effective date of any such resignation or replacement or addition, as applicable, (i) the successor or additional Issuing Bank shall have all the rights and obligations of the Issuing Bank under this Agreement with respect to Letters of Credit to be issued by it thereafter and (ii) references herein to the term “Issuing Bank” shall be deemed to refer to such successor or such addition or to any previous Issuing Bank, or to such successor or such addition additional Issuing Bank and all previous Issuing Banks, as the context shall require. After the resignation or replacement of an Issuing Bank hereunder, the replaced Issuing Bank shall remain a party hereto and shall continue to have all the rights and obligations of an Issuing Bank under this Agreement with respect to Letters of Credit issued by it prior to such resignation or replacement, but shall not be required to issue additional Letters of Credit. If at any time there is more than one Issuing Bank hereunder, Administrative Borrower may, in its discretion, select which Issuing Bank is to issue any particular Letter of Credit.

Appears in 1 contract

Samples: Credit Agreement (Massey Energy Co)

Resignation or Removal of the Issuing Bank. The Issuing Bank may resign as Issuing Bank hereunder at any time upon at least 30 days' prior notice to the Lenders, the Administrative Agent and U.S. Borrower. The Issuing Bank may be replaced at any time by written agreement among U.S. Borrower, each Agent, the replaced Issuing Bank and the successor Issuing Bank. The Administrative Agent shall notify the Lenders of any such replacement of the Issuing Bank or any such additional Issuing Bank. At the time any such resignation or replacement shall become effective, U.S. Borrower shall pay all unpaid fees accrued for the account of the replaced Issuing Bank pursuant to Section SECTION 2.05(c). From and after the effective date of any such resignation or replacement or addition, as applicable, (i) the successor or additional Issuing Bank shall have all the rights and obligations of the Issuing Bank under this Agreement with respect to Letters of Credit to be issued by it thereafter and (ii) references herein to the term "Issuing Bank" shall be deemed to refer to such successor or such addition or to any previous Issuing Bank, or to such successor or such addition and all previous Issuing Banks, as the context shall require. After the resignation or replacement of an Issuing Bank hereunder, the replaced Issuing Bank shall remain a party hereto and shall continue to have all the rights and obligations of an Issuing Bank under this Agreement with respect to Letters of Credit issued by it prior to such resignation or replacementreplace- ment, but shall not be required to issue additional Letters of Credit. If at any time there is more than one Issuing Bank hereunder, U.S. Borrower may, in its discretion, select which Issuing Bank is to issue any particular Letter of Credit.

Appears in 1 contract

Samples: Credit Agreement (Ply Gem Industries Inc)

Resignation or Removal of the Issuing Bank. The Issuing Bank may resign as Issuing Bank hereunder at any time upon at least by giving 30 days' prior written notice to the LendersAdministrative Agent, the Lenders and the Borrower, and may be removed at any time by the Borrower by notice to the Issuing Bank, the Administrative Agent and Borrowerthe Lenders. The Subject to the other provisions of this paragraph (i), upon the acceptance of any appointment as the Issuing Bank may be replaced at any time hereunder by written agreement among Borrowera Lender that shall agree to serve as successor Issuing Bank, each Agentsuch successor shall succeed to and become vested with all the interests, rights and obligations of the replaced retiring Issuing Bank and the successor Issuing Bank. The Administrative Agent shall notify the Lenders of any such replacement of the retiring Issuing Bank or any such shall be discharged from its obligations to issue additional Issuing BankLetters of Credit hereunder. At the time any such removal or resignation or replacement shall become effective, the Borrower shall pay all accrued and unpaid fees accrued for the account of the replaced Issuing Bank pursuant to Section 2.05(c2.5(c)(ii). From The acceptance of any appointment as the Issuing Bank hereunder by a successor Lender shall be evidenced by an agreement entered into by such successor, in a form satisfactory to the Borrower and the Administrative Agent, and, from and after the effective date of any such resignation or replacement or addition, as applicableagreement, (i) the such successor or additional Issuing Bank Lender shall have all the rights and obligations of the previous Issuing Bank under this Agreement with respect to Letters of Credit to be issued by it thereafter and the other Loan Documents and (ii) references herein and in the other Loan Documents to the term "Issuing Bank" shall be deemed to refer to such successor or such addition or to any previous Issuing Bank, or to such successor or such addition and all previous Issuing Banks, as the context shall require. After the resignation or replacement removal of an the Issuing Bank hereunder, the replaced retiring Issuing Bank shall remain a party hereto and shall continue to have all the rights and obligations of an Issuing Bank under this Agreement and the other Loan Documents with respect to Letters of Credit issued by it prior to such resignation or replacementremoval, but shall not be required to issue additional Letters of Credit. If at any time there is more than one Issuing Bank hereunder, Borrower may, in its discretion, select which Issuing Bank is to issue any particular Letter of Credit.

Appears in 1 contract

Samples: Credit Agreement (Spheris Leasing LLC)

Resignation or Removal of the Issuing Bank. The Issuing Bank may resign as Issuing Bank hereunder at any time upon at least 30 days’ prior notice to the Lenders, the Administrative Agent and the US Borrower. The Issuing Bank may be replaced at any time by written agreement among the US Borrower, each Agent, the replaced Issuing Bank and the successor Issuing Bank. The Administrative Agent shall notify the Lenders of any such replacement of the Issuing Bank or any such additional Issuing Bank. At the time any such resignation or replacement shall become effective, the US Borrower shall pay all unpaid fees accrued for the account of the replaced Issuing Bank pursuant to Section 2.05(c). From and after the effective date of any such resignation or replacement or addition, as applicable, (i) the successor or additional Issuing Bank shall have all the rights and obligations of the Issuing Bank under this Agreement with respect to US Letters of Credit to be issued by it thereafter and (ii) references herein to the term “Issuing Bank” shall be deemed to refer to such successor or such addition or to any previous Issuing Bank, or to such successor or such addition and all previous Issuing Banks, as the context shall require. After the resignation or replacement of an Issuing Bank hereunder, the replaced Issuing Bank shall remain a party hereto and shall continue to have all the rights and obligations of an Issuing Bank under this Agreement with respect to US Letters of Credit issued by it prior to such resignation or replacement, but shall not be required to issue additional US Letters of Credit. If at any time there is more than one Issuing Bank hereunder, the US Borrower may, in its discretion, select which Issuing Bank is to issue any particular US Letter of Credit.

Appears in 1 contract

Samples: Credit Agreement (Sciele Pharma, Inc.)

Resignation or Removal of the Issuing Bank. The Issuing Bank may resign as Issuing Bank hereunder at any time upon at least 30 thirty (30) days’ prior written notice to the Lenders, the Administrative Agent and Borrowerthe Borrower Agent. The Issuing Bank may be replaced at any time by written agreement among Borrower, each the Borrower Agent, the replaced Issuing Bank and the successor Issuing Bank. The Borrower Agent shall notify the Administrative Agent and then the Administrative Agent shall notify the Lenders of any such replacement of the Issuing Bank or any such additional Issuing Bank. At the time any such resignation or replacement shall become effective, the Borrower Agent shall pay all unpaid fees accrued for the account of the replaced Issuing Bank pursuant to Section 2.05(c). From and after the effective date of any such resignation or replacement or addition, as applicable, (i) the successor or additional Issuing Bank shall have all the rights and obligations of the Issuing Bank under this Agreement with respect to Letters of Credit to be issued by it thereafter and (ii) references herein and in the other Loan Documents to the term “Issuing Bank” shall be deemed to refer to such successor or such addition or to any previous Issuing Bank, or to such successor or such addition and all previous Issuing Banks, as the context shall require. After the resignation or replacement of an Issuing Bank hereunder, the replaced Issuing Bank shall remain a party hereto and shall continue to have all the rights and obligations of an Issuing Bank under this Agreement with respect to Letters of Credit issued by it prior to such resignation or replacement, but shall not be required to issue additional Letters of Credit. If at any time there is more than one Issuing Bank hereunder, Borrower may, in its discretion, select which Issuing Bank is to issue any particular Letter of Credit.

Appears in 1 contract

Samples: First Lien Credit Agreement (Transfirst Holdings Corp.)

Resignation or Removal of the Issuing Bank. The Issuing Bank may resign as Issuing Bank hereunder at any time upon at least 30 120 days' prior notice to the Lenders, the Administrative Agent and Borrower. The Issuing Bank may be replaced at any time by written agreement among Borrower, each Agent, the replaced Issuing Bank and the successor Issuing Bank. The Administrative Agent shall notify the Lenders of any such replacement of the Issuing Bank or any such additional Issuing Bank. At the time any such resignation or replacement shall become effective, Borrower shall pay all unpaid fees accrued for the account of the replaced Issuing Bank pursuant to Section 2.05(c). From and after the effective date of any such resignation or replacement or addition, as applicable, (i) the successor or additional Issuing Bank shall have all the rights and obligations of the Issuing Bank under this Agreement with respect to Letters of Credit to be issued by it thereafter and (ii) references herein to the term "Issuing Bank" shall be deemed to refer to such successor or such addition or to any previous Issuing Bank, or to such successor or such addition and all previous Issuing Banks, as the context shall require. After the resignation or replacement of an Issuing Bank hereunder, the replaced Issuing Bank shall remain a party hereto and shall continue to have all the rights and obligations of an Issuing Bank under this Agreement with respect to Letters of Credit issued by it prior to such resignation or replacement, but shall not be required to issue additional Letters of Credit. If at any time there is more than one Issuing Bank hereunder, Borrower may, in its discretion, select which Issuing Bank is to issue any particular Letter of Credit.

Appears in 1 contract

Samples: Credit Agreement (Kendle International Inc)

Resignation or Removal of the Issuing Bank. The Issuing Bank may resign as Issuing Bank hereunder at any time upon at least 30 days’ prior written notice to the Lenders, the Administrative Agent and Borrower. The Following such resignation, the Issuing Bank may be replaced at any time by written agreement among Borrower, each Agent, the replaced Issuing Bank Administrative Agent and the successor Issuing Bank. The Administrative Agent shall notify the Lenders of any such replacement of the Issuing Bank or any such additional Issuing Bank. At the time any such resignation or replacement shall become effective, Borrower shall pay all unpaid fees accrued for the account of the replaced Issuing Bank pursuant to Section 2.05(c). From and after the effective date of any such resignation or replacement or addition, as applicable, (i) the successor or additional Issuing Bank shall have all the rights and obligations of the Issuing Bank under this Agreement with respect to Letters of Credit to be issued by it thereafter and (ii) references herein and in the other Loan Documents to the term “Issuing Bank” shall be deemed to refer to such successor or such addition or to any previous Issuing Bank, or to such successor or such addition and all previous Issuing Banks, as the context shall require. After the resignation or replacement of an Issuing Bank hereunder, the replaced Issuing Bank shall remain a party hereto and shall continue to have all the rights and obligations of an Issuing Bank under this Agreement with respect to Letters of Credit issued by it prior to such resignation or replacement, but shall not be required to issue additional Letters of Credit. If at any time there is more than one Issuing Bank hereunder, Borrower may, in its discretion, select which Issuing Bank is to issue any particular Letter of Credit.

Appears in 1 contract

Samples: Credit Agreement (Merge Healthcare Inc)

Resignation or Removal of the Issuing Bank. The Any Issuing Bank may resign as an Issuing Bank hereunder at any time upon at least 30 days’ prior notice to the Lenders, the Administrative Agent and Borrower. The Any Issuing Bank may be replaced at any time by written agreement among Borrower, each the Administrative Agent, the replaced Issuing Bank and the successor Issuing Bank. The Administrative Agent shall notify the Lenders of any such replacement of the any Issuing Bank or any such additional Issuing Bank. At the time any such resignation or replacement shall become effective, Borrower shall pay all unpaid fees accrued for the account of the replaced Issuing Bank pursuant to Section 2.05(c)Bank. From and after the effective date of any such resignation or replacement or addition, as applicable, (i) the successor or additional Issuing Bank shall have all the rights and obligations of the an Issuing Bank under this Agreement with respect to Letters of Credit to be issued by it thereafter and (ii) references herein to the term “Issuing Bank” shall be deemed to refer to such successor or such addition or to any previous Issuing Bank, or to such successor or such addition and all previous Issuing Banks, as the context shall require. After the resignation or replacement of an Issuing Bank hereunder, the replaced Issuing Bank shall remain a party hereto and shall continue to have all the rights and obligations of an Issuing Bank under this Agreement with respect to Letters of Credit issued by it prior to such resignation or replacement, but shall not be required to issue additional Letters of Credit. If at Upon the resignation, removal or replacement of any time there is more than one Issuing Bank hereunderpursuant to this Section 2.23(k), Borrower maySchedule 1.01(g) shall be deemed modified to the extent necessary to reflect the resignation, in its discretion, select which removal or replacement of such Issuing Bank is to issue any particular Letter of CreditBank.

Appears in 1 contract

Samples: Abl Credit Agreement (Quorum Health Corp)

Resignation or Removal of the Issuing Bank. The An Issuing Bank may resign as Issuing Bank hereunder at any time upon at least by giving 30 days’ prior written notice to the LendersAgent, the Administrative Agent Lenders and Borrower. The Issuing Bank the Borrower or may be replaced removed by the Borrower at any time by written agreement among Borrower, each Agentnotice to such Issuing Bank, the replaced Agent and the Lenders. Subject to the next succeeding paragraph, upon the acceptance of any appointment as the Issuing Bank hereunder by a Lender that shall agree to serve as successor Issuing Bank, such successor shall succeed to and become vested with all the interests, rights and obligations of the retiring Issuing Bank and the successor Issuing Bank. The Administrative Agent shall notify the Lenders of any such replacement of the retiring Issuing Bank or any such shall be discharged from its obligations to issue additional Issuing BankLetters of Credit hereunder. At the time any such removal or resignation or replacement shall become effective, Borrower the Co-Borrowers shall pay all accrued and unpaid fees accrued for the account of the replaced Issuing Bank pursuant to Section 2.05(c2.10(c)(ii). From The acceptance of any appointment as the Issuing Bank hereunder by a successor Lender shall be evidenced by an agreement entered into by such successor, in a form reasonably satisfactory to the Co-Borrowers and the Agent, and, from and after the effective date of any such resignation or replacement or addition, as applicableagreement, (i) the such successor or additional Issuing Bank Lender shall have all the rights and obligations of the previous Issuing Bank under this Agreement with respect to Letters of Credit to be issued by it thereafter and the other Loan Documents and (ii) references herein and in the other Loan Documents to the term “Issuing Bank” shall be deemed to refer to such successor or such addition or to any previous Issuing Bank, or to such successor or such addition and all previous Issuing Banks, as the context shall require. After the resignation or replacement removal of an the Issuing Bank hereunder, the replaced retiring Issuing Bank shall remain a party hereto and shall continue to have all the rights and obligations of an Issuing Bank under this Agreement and the other Loan Documents with respect to Letters of Credit issued by it prior to such resignation or replacementremoval, but shall not be required to issue additional Letters of Credit. If at any time there is more than one Issuing Bank hereunder, Borrower may, in its discretion, select which Issuing Bank is to issue any particular Letter of Credit.

Appears in 1 contract

Samples: Credit Agreement (Harland Clarke Holdings Corp)

Resignation or Removal of the Issuing Bank. The Issuing Bank may resign as Issuing Bank hereunder at any time upon at least 30 days' prior notice to the Lenders, the Administrative Agent and U.S. Borrower. The Issuing Bank may be replaced at any time by written agreement among U.S. Borrower, each Agent, the replaced Issuing Bank and the successor Issuing Bank. The Administrative Agent shall notify the Lenders of any such replacement of the Issuing Bank or any such additional Issuing Bank. At the time any such resignation or replacement shall become effective, U.S. Borrower shall pay all unpaid fees accrued for the account of the replaced Issuing Bank pursuant to Section 2.05(c). From and after the effective date of any such resignation or replacement or addition, as applicable, (i) the successor or additional Issuing Bank shall have all the rights and obligations of the Issuing Bank under this Agreement with respect to Letters of Credit to be issued by it thereafter and (ii) references herein to the term "Issuing Bank" shall be deemed to refer to such successor or such addition or to any previous Issuing Bank, or to such successor or such addition and all previous Issuing Banks, as the context shall require. After the resignation or replacement of an Issuing Bank hereunder, the replaced Issuing Bank shall remain a party hereto and shall continue to have all the rights and obligations of an Issuing Bank under this Agreement with respect to Letters of Credit issued by it prior to such resignation or replacement, but shall not be required to issue additional Letters of Credit. If at any time there is more than one Issuing Bank hereunder, U.S. Borrower may, in its discretion, select which Issuing Bank is to issue any particular Letter of Credit.

Appears in 1 contract

Samples: Credit Agreement (Patriot Manufacturing, Inc.)

Resignation or Removal of the Issuing Bank. The Issuing Bank may resign as Issuing Bank hereunder at any time upon at least 30 days’ prior written notice to the Lenders, the Administrative Agent and Borrower. The Issuing Bank may be replaced at any time by written agreement among Borrower, each the Administrative Agent, the replaced Issuing Bank and the successor Issuing Bank. The Administrative Agent shall notify the Lenders of any such replacement of the Issuing Bank or any such additional Issuing Bank. At the time any such resignation or replacement shall become effective, Borrower shall pay all unpaid fees accrued for the account of the replaced Issuing Bank pursuant to Section 2.05(c2.05(d). From and after the effective date of any such resignation or replacement or addition, as applicable, (i) the successor or additional Issuing Bank shall have all the rights and obligations of the Issuing Bank under this Agreement with respect to Letters of Credit to be issued by it thereafter and (ii) references herein and in the other Loan Documents to the term “Issuing Bank” shall be deemed to refer to such successor or such addition or to any previous Issuing Bank, or to such successor or such addition and all previous Issuing Banks, as the context shall require. After the resignation or replacement of an Issuing Bank hereunder, the replaced Issuing Bank shall remain a party hereto and shall continue to have all the rights and obligations of an Issuing Bank under this Agreement with respect to Letters of Credit issued by it prior to such resignation or replacement, but shall not be required to issue additional Letters of Credit. If at any time there is more than one Issuing Bank hereunder, Borrower may, in its discretion, select which Issuing Bank is to issue any particular Letter of Credit.

Appears in 1 contract

Samples: Credit Agreement (BioScrip, Inc.)

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