Common use of Successor Administrative Agent and Swing Line Lender Clause in Contracts

Successor Administrative Agent and Swing Line Lender. A. SUCCESSOR ADMINISTRATIVE AGENT. Administrative Agent may resign at any time by giving 30 days" prior written notice thereof to Lenders and Borrower. Upon any such notice of resignation, Requisite Lenders shall have the right, upon five Business Days" notice to Borrower, to appoint a successor Administrative Agent. If no successor Administrative Agent shall have been so appointed by Requisite Lenders, and shall have accepted such appointment, within 30 days after the retiring Administrative Agent"s giving notice of resignation, then the retiring Administrative Agent may, on behalf of the Lenders, appoint a successor Administrative Agent, which shall be one of the Lenders or an Eligible Assignee. Upon the acceptance of any appointment as Administrative Agent hereunder by a successor Administrative Agent, that successor Administrative Agent shall thereupon succeed to and become vested with all the rights, powers, privileges and duties of the retiring Administrative Agent and the retiring Administrative Agent shall be discharged from its duties and obligations under this Agreement. After any retiring Administrative Agent"s resignation hereunder as Administrative Agent, the provisions of this Section 9 shall inure to its benefit as to any actions taken or omitted to be taken by it while it was Agent under this Agreement.

Successor Administrative Agent and Swing Line Lender. A. SUCCESSOR ADMINISTRATIVE AGENT. (a) Administrative Agent may resign at any time by giving 30 days" ' prior written notice thereof to Lenders and BorrowerCompany, and Administrative Agent may be removed at any time with or without cause by an instrument or concurrent instruments in writing delivered to Company and Administrative Agent and signed by Requisite Lenders. Upon any such notice of resignationresignation or any such removal, Requisite Lenders shall have the right, upon five Business Days" ' notice to BorrowerCompany, to appoint a successor Administrative Agent. If no , provided that Company shall have the right to approve any such successor Administrative Agent shall have been so appointed by Requisite Lendersunless an Event of Default then exists under Sections 8.1(a), and shall have accepted such appointment, within 30 days after the retiring Administrative Agent"s giving notice of resignation, then the retiring Administrative Agent may, on behalf of the Lenders, appoint a successor Administrative Agent, which shall be one of the Lenders 8.1(f) or an Eligible Assignee8.1(g). Upon the approval by Company (if required hereunder) acceptance of any appointment as Administrative Agent hereunder by a successor Administrative Agent, that successor Administrative Agent shall thereupon succeed to and become vested with all the rights, powers, privileges and duties of the retiring or removed Administrative Agent and the retiring or removed Administrative Agent shall be discharged from its duties and obligations under this Agreementhereunder. After any retiring or removed Administrative Agent"s Agent's resignation or removal hereunder as Administrative Agent, the provisions of this Section 9 shall inure to its benefit as to any actions taken or omitted to be taken by it while it was Administrative Agent under this Agreementhereunder.

Successor Administrative Agent and Swing Line Lender. A. SUCCESSOR ADMINISTRATIVE AGENTSuccessor Administrative Agent or Collateral Agent. Administrative Any Agent may resign at any time by giving 30 days" ' prior written notice thereof to the Lenders and Borrowerthe Company (regardless of whether a successor Agent may have been found by the time when such resignation becomes effective), and the Collateral Agent may be removed at any time with or without cause by an instrument or concurrent instruments in writing delivered to the Company, the Administrative Agent, and the Collateral Agent signed by the Administrative Agent and by Lenders (including the Administrative Agent, if the Administrative Agent is then a Lender) holding at least 66 2/3% of the aggregate Revolving Loan Exposure of all Lenders. Upon any such notice of resignationresignation or any such removal, Requisite Lenders shall have the right, upon five Business Days" ' notice to Borrowerthe Company, to appoint a successor Administrative Agent. If no successor Administrative Agent shall have been so appointed by Requisite Lenders, and shall have accepted such appointment, within 30 days after the retiring Administrative Agent"s giving notice of resignation, then the retiring Administrative Agent may, on behalf of the Lenders, appoint a successor Administrative Agent, which shall be one of the Lenders or an Eligible Assignee. Upon the acceptance of any appointment as Administrative an Agent hereunder by a successor Administrative Agent, that successor Administrative Agent shall thereupon succeed to and become vested with all the rights, powers, privileges and duties (if any) of the retiring Administrative Agent (or the removed Collateral Agent, as the case may be) and the retiring Administrative (or removed) Agent shall be discharged from its duties and obligations under this Agreement. After any retiring Administrative Agent"s or removed Agent's resignation or removal hereunder as Administrative an Agent, the provisions of this Section 9 10 and of Sections 11.2 and 11.3 shall inure to its benefit as to any actions taken or omitted to be taken by it while it was an Agent under this Agreement.. 137 CREDIT AGREEMENT

Successor Administrative Agent and Swing Line Lender. A. SUCCESSOR ADMINISTRATIVE AGENT. Administrative Agent may resign at any time by giving 30 days" ' prior written notice thereof to the other Agents, Lenders and BorrowerCompany. Upon any such notice of resignationresignation of Administrative Agent, Requisite Lenders shall have the right, upon five Business Days" notice to Borrowerthe consent of Company (which approval shall not be unreasonably withheld), to appoint a successor Administrative Agent. If no successor Administrative Agent shall have been so appointed by Requisite Lenders, and shall have accepted ; provided that in the event that Company withholds such appointment, within 30 days after the retiring Administrative Agent"s giving notice of resignation, then the retiring Administrative Agent may, on behalf of the Lenders, appoint a -------- consent with respect to any successor Administrative Agent, such successor Administrative Agent may nevertheless be appointed as successor Administrative Agent by the Requisite Lenders if Company shall not have identified a successor Administrative Agent approved by the Requisite Lenders (which approval shall not be one of the Lenders or an Eligible Assigneeunreasonably withheld) within 60 days. Upon the acceptance of any appointment as Administrative Agent hereunder by a successor Administrative Agent, that successor Administrative Agent shall thereupon succeed to and become vested with all the rights, powers, privileges and duties of the retiring Administrative Agent and the retiring Administrative Agent shall be discharged from its duties and obligations under this Agreement. After any retiring Administrative Agent"s Agent's resignation hereunder as Administrative Agent, the provisions of this Section 9 shall inure to its benefit as to any actions taken or omitted to be taken by it while it was Agent Administrative Agent, under this Agreement.

Successor Administrative Agent and Swing Line Lender. A. SUCCESSOR ADMINISTRATIVE AGENT. (a) Administrative Agent may resign at any time by giving 30 days" ’ prior written notice thereof to Lenders and BorrowerCompany, and Administrative Agent may be removed at any time with or without cause by an instrument or concurrent instruments in writing delivered to Company and Administrative Agent and signed by Requisite Lenders. Upon any such notice of resignationresignation or any such removal, Requisite Lenders shall have the right, upon five Business Days" ’ notice to BorrowerCompany, to appoint a successor Administrative Agent. If no , provided that Company shall have the right to approve any such successor Administrative Agent shall have been so appointed by Requisite Lendersunless an Event of Default then exists under Sections 8.1(a), and shall have accepted such appointment, within 30 days after the retiring Administrative Agent"s giving notice of resignation, then the retiring Administrative Agent may, on behalf of the Lenders, appoint a successor Administrative Agent, which shall be one of the Lenders 8.1(f) or an Eligible Assignee8.1(g). Upon the approval by Company (if required hereunder) acceptance of any appointment as Administrative Agent hereunder by a successor Administrative Agent, that successor Administrative Agent shall thereupon succeed to and become vested with all the rights, powers, privileges and duties of the retiring or removed Administrative Agent and the retiring or removed Administrative Agent shall be discharged from its duties and obligations under this Agreementhereunder. After any retiring or removed Administrative Agent"s Agent’s resignation or removal hereunder as Administrative Agent, the provisions of this Section 9 shall inure to its benefit as to any actions taken or omitted to be taken by it while it was Administrative Agent under this Agreement.hereunder. 117