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, and each Agent. The Administrative Agent shall notify the Lenders of any such replacement of the Issuing Bank. At the time any such resignation of the Issuing Bank shall become effective, Borrower shall pay all unpaid fees accrued for the account of the retiring Issuing Bank pursuant to Section 2.05(c). From and after the effective date of any such resignation or replacement, (i) the successor 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 to any previous Issuing Bank, or to such successor and all previous Issuing Banks, as the context shall require. After the resignation or replacement of an Issuing Bank, 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.

Appears in 2 contracts

Samples: Credit Agreement (CPI International Holding Corp.), Credit Agreement (CPI International, 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 Borrowera Lender that shall agree to serve as successor Issuing Bank, such successor shall succeed to and each Agent. The Administrative Agent shall notify become vested with all the Lenders of any such replacement interests, rights and obligations of the retiring Issuing Bank. At the time any such removal or resignation of the Issuing Bank shall become effective, the Borrower shall pay all accrued and unpaid fees accrued for the account of the retiring 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 replacementagreement, (i) the such successor 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 to any previous Issuing Bank, or to such successor and all previous Issuing Banks, as the context shall require. After the resignation or replacement removal of an the Issuing BankBank 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.

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 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 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, such successor shall succeed to and each Agent. The Administrative Agent shall notify become vested with all the Lenders of any such replacement interests, rights and obligations of the retiring Issuing Bank. At the time any such removal or resignation of the Issuing Bank shall become effective, the Borrower shall pay all accrued and unpaid fees accrued for the account of the retiring 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 replacementagreement, (i) the such successor 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 to any previous Issuing Bank, or to such successor and all previous Issuing Banks, as the context shall require. After the resignation or replacement removal of an the Issuing BankBank 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.

Appears in 1 contract

Samples: Credit Agreement (St Louis Riverboat Entertainment 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 Tranche A 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, such successor shall succeed to and each Agent. The Administrative Agent shall notify become vested with all the Lenders of any such replacement interests, rights and obligations of the retiring Issuing Bank. At the time any such removal or resignation of the Issuing Bank shall become effective, the Borrower shall pay all accrued and unpaid fees accrued for the account of the retiring 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 replacementagreement, (i) the such successor 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 to any previous Issuing Bank, or to such successor and all previous Issuing Banks, as the context shall require. After the resignation or replacement removal of an the Issuing BankBank 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.

Appears in 1 contract

Samples: First Lien Credit Agreement (Sunterra Corp)

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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 Participants and the Company, and may be removed at any time by the Company by notice to the Issuing Bank, the Administrative Agent and Borrowerthe Participants. The Upon the acceptance of any appointment as the Issuing Bank may be replaced at any time hereunder by written agreement among Borrowera Participant that shall agree to serve as successor Issuing Bank, such successor shall succeed to and each Agent. The Administrative Agent shall notify become vested with all the Lenders of any such replacement interests, rights and obligations of the retiring Issuing Bank. At the time any such removal or resignation of the Issuing Bank shall become effective, Borrower the Company shall pay all accrued and unpaid fees accrued for the account of the retiring Issuing Bank pursuant to Section 2.05(c2.02(c)(ii). From The acceptance of any appointment as the Issuing Bank hereunder by a successor Participant shall be evidenced by an agreement entered into by such successor, in a form satisfactory to the Company and the Administrative Agent, and, from and after the effective date of any such resignation or replacementagreement, (i) the such successor Issuing Bank Participant 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 to any previous Issuing Bank, or to such successor and all previous Issuing Banks, as the context shall require. After the resignation or replacement removal of an the Issuing BankBank 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 Letters of Credit issued by it prior to such resignation or replacementremoval, but shall not be required to issue additional Letters of Credit.

Appears in 1 contract

Samples: Letter of Credit Facility Agreement (Vistancia Marketing, LLC)

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