Successor Agent Agreement. The Effective Date (as defined in the Successor Agent Agreement) shall have occurred.
Successor Agent Agreement. The Lead Arranger shall have received executed counterparts of the Successor Agent Agreement.
Successor Agent Agreement. Counsel to the Required Lenders shall have received written confirmation from CIT (A) of the satisfaction or waiver of all of the conditions to effectiveness of the successor agent agreement dated as of June 29, 2009 (the “Successor Agent Agreement”) among Xxxxx Fargo Bank, National Association, CIT, Parent, the Additional Guarantors, and the Required Lenders, and (B) that the Successor Agent Agreement is effective; provided, however, that this Section 7(a)(vi) shall not be a condition precedent to the effectiveness of the amendment of Section 5.02(e) of the Credit Agreement set forth in Section 4(b) of this Amendment No. 4 and the amendment to Section 5.02(e) set forth therein shall be effectively immediately upon execution of this Amendment No. 4 by each of the Borrower, the Parent and the Required Lenders.
Successor Agent Agreement. For the purposes of appointing a Successor Agent in accordance with the foregoing sentence, the Obligors and Aegis agree, on behalf of themselves and any of their respective surviving successors following any Aegis-Obligor Fundamental Transaction, to execute a Successor Agent Agreement with terms and provisions substantially similar to the agency provisions of this Agreement at the request of the Bigger-District Creditors. Upon the appointment of the Successor Agent, (i) Aegis shall cease to be the Agent hereunder and (ii) all provisions in this Agreement applicable to the Agent other than Section 4(a) shall apply to the Successor Agent (unless a Successor Agent Agreement is entered into by the Successor Agent, the Bigger-District Creditors, the 2024 Note Creditors, Aegis and the Obligors (or their respective surviving successors following the applicable Aegis-Obligor Fundamental Transaction, as applicable), in which case the provisions of such Successor Agent Agreement shall apply); provided, notwithstanding anything to the contrary set forth herein, the Bigger-District Creditors shall have the right, without the consent of Aegis, to cause the Successor Agent to take (or to determine not to take) any of the following actions on behalf of Aegis with respect to their share of the Pari Passu Debt and on behalf of the Bigger-District Creditors with respect to their share of the Pari Passu Debt (provided, that any and all of the following actions taken or determined not to be taken by the Bigger-District Creditors with respect to any portion of Pari Passu Debt shall be taken by the Successor Agent at the direction of the Bigger-District Creditors with respect to all of the Pari Passu Debt, without regard to Aegis’ share thereof or the Bigger-District Creditors’ share thereof or the 2024 Note Creditors share thereof): (i) declare one or more Events of Default; (ii) give notice to any Obligor of any Event of Default; (iii) take Enforcement Actions against any of the Obligors and/or the Collateral (provided that the Bigger-District Creditors and/or the 2024 Note Creditors may join in any such Enforcement Actions); and (iv) hire counsel of its choosing; provided, that, in the event that the Bigger-District Creditors cause the Successor Agent to take any Enforcement Action against any Obligor and/or the Collateral pursuant to the foregoing clause (iii) of this Section 4(f), the Bigger-District Creditors shall direct the Successor Agent to take Enforcement Actions u...
