SECTION SUCCESSOR ADMINISTRATIVE AGENT. The Administrative Agent may resign at any time by giving notice thereof to the Banks and the Borrower. Upon any such resignation, the Borrower, with the consent of the Required Banks (such consent not to be unreasonably withheld or delayed), shall have the right to appoint a successor Administrative Agent. If no successor Administrative Agent shall have been so appointed, and shall have accepted such appointment, within 30 days after the retiring Administrative Agent gives notice of resignation, then the retiring Administrative Agent may, on behalf of the Banks, appoint a successor Administrative Agent, which shall be a commercial bank organized or licensed under the laws of the United States of America or of any State thereof and having a combined capital and surplus of at least $250,000,000. Upon the acceptance of its appointment as Administrative Agent hereunder by a successor Administrative Agent, such successor Administrative Agent shall thereupon succeed to and become vested with all the rights and duties of the retiring Administrative Agent, and the retiring Administrative Agent shall be discharged from its duties and obligations hereunder; provided that if such successor Administrative Agent is appointed without the consent of the Borrower, such successor Administrative Agent may be replaced by the Borrower with the consent of the Required Banks. After any retiring Administrative Agent's resignation hereunder as Administrative Agent, the provisions of this Article shall inure to its benefit as to any actions taken or omitted to be taken by it while it was Administrative Agent.
Appears in 2 contracts
Samples: Credit Agreement (Duke Energy Corp), Credit Agreement (Duke Energy Corp)
SECTION SUCCESSOR ADMINISTRATIVE AGENT. The Administrative Agent may resign at any time by giving notice thereof to the Banks and the BorrowerCompany. Upon any such resignation, the BorrowerCompany, with the consent of the Required Banks (such consent not to be unreasonably withheld or delayed), shall have the right to appoint a successor Administrative Agent. If no successor Administrative Agent shall have been so appointed, and shall have accepted such appointment, within 30 days after the retiring Administrative Agent gives notice of resignation, then the retiring Administrative Agent may, on behalf of the Banks, appoint a successor Administrative Agent, which shall be a commercial bank organized or licensed under the laws of the United States of America or of any State thereof and having a combined capital and surplus of at least $250,000,000500,000,000. Upon the acceptance of its appointment as Administrative Agent hereunder by a successor Administrative Agent, such successor Administrative Agent shall thereupon succeed to and become vested with all the rights and duties of the retiring Administrative Agent, and the retiring Administrative Agent shall be discharged from its duties and obligations hereunder; provided that if such successor Administrative Agent is appointed without the consent of the Borrower, such successor Administrative Agent may be replaced by the Borrower with the consent of the Required Banks. After any retiring Administrative Agent's resignation hereunder as Administrative Agent, the provisions of this Article shall inure to its benefit as to any actions taken or omitted to be taken by it while it was Administrative Agent.
Appears in 1 contract
Samples: Credit Agreement (Imc Global Inc)
SECTION SUCCESSOR ADMINISTRATIVE AGENT. The Administrative Agent may resign ------------------------------ at any time by giving thirty (30) days' prior written notice thereof to the Banks Lenders and the Borrower, and Administrative Agent may be removed at any time with or without cause by an instrument or concurrent instruments in writing delivered to Borrower and Administrative Agent and signed by Requisite Lenders. Upon any such resignationnotice of resignation or any such removal, the Borrower, with the consent of the Required Banks (such consent not to be unreasonably withheld or delayed), Requisite Lenders shall have the right right, upon five Business Days' notice to Borrower, to appoint a successor Administrative Agent. If no Agent which successor Administrative Agent shall, unless a Default or Event of Default shall have been so appointedoccurred and be continuing, and shall have accepted such appointment, within 30 days after be reasonably acceptable to the retiring Administrative Agent gives notice of resignation, then the retiring Administrative Agent may, on behalf of the Banks, appoint a successor Administrative Agent, which shall be a commercial bank organized or licensed under the laws of the United States of America or of any State thereof and having a combined capital and surplus of at least $250,000,000Borrower. Upon the acceptance of its any appointment as Administrative Agent hereunder by a successor Administrative Agent, such that successor Administrative Agent shall thereupon succeed to and become vested with all the rights rights, powers, privileges and duties of the retiring or removed Administrative Agent, Agent and the retiring or removed Administrative Agent shall be discharged from its duties and obligations hereunder; provided that if such successor Administrative Agent is appointed without the consent of the Borrower, such successor Administrative Agent may be replaced by the Borrower with the consent of the Required Banks. After any retiring or removed Administrative Agent's resignation or removal hereunder as Administrative Agent, the provisions of this Article X -------- shall inure to its benefit as to any actions taken or omitted to be taken by it while it was Administrative AgentAgent hereunder.
Appears in 1 contract
Samples: Second Priority Loan and Guaranty Agreement (Northpoint Communications Group Inc)
SECTION SUCCESSOR ADMINISTRATIVE AGENT. The Administrative Agent may resign ------------------------------ at any time by giving thirty (30) days' prior written notice thereof to the Banks Lenders and the Borrower, and Administrative Agent may be removed at any time with or without cause by an instrument or concurrent instruments in writing delivered to Borrower and Administrative Agent and signed by Requisite Lenders. Upon any such resignationnotice of resignation or any such removal, the Borrower, with the consent of the Required Banks (such consent not to be unreasonably withheld or delayed), Requisite Lenders shall have the right right, upon five Business Days' notice to Borrower, to appoint a successor Administrative Agent. If no Agent which successor Administrative Agent shall, unless a Default or Event of Default shall have been so appointedoccurred and be continuing, and shall have accepted such appointment, within 30 days after be reasonably acceptable to the retiring Administrative Agent gives notice of resignation, then the retiring Administrative Agent may, on behalf of the Banks, appoint a successor Administrative Agent, which shall be a commercial bank organized or licensed under the laws of the United States of America or of any State thereof and having a combined capital and surplus of at least $250,000,000Borrower. Upon the acceptance of its any appointment as Administrative Agent hereunder by a successor Administrative Agent, such that successor Administrative Agent shall thereupon succeed to and become vested with all the rights rights, powers, privileges and duties of the retiring or removed Administrative Agent, Agent and the retiring or removed Administrative Agent shall be discharged from its duties and obligations hereunder; provided that if such successor Administrative Agent is appointed without the consent of the Borrower, such successor Administrative Agent may be replaced by the Borrower with the consent of the Required Banks. After any retiring or removed Administrative Agent's resignation or removal hereunder as Administrative Agent, the provisions of this Article X --------- shall inure to its benefit as to any actions taken or omitted to be taken by it while it was Administrative AgentAgent hereunder.
Appears in 1 contract
Samples: Loan and Guaranty Agreement (Northpoint Communications Group Inc)