Common use of Successor Deal Agent or Liquidity Agent Clause in Contracts

Successor Deal Agent or Liquidity Agent. (a) The Deal Agent may, upon 5 days' notice to the Seller and the Secured Parties, and the Deal Agent will, upon the direction of all of the Secured Parties (other than the Deal Agent, in its individual capacity) resign as Deal Agent. If the Deal Agent shall resign, then the Required Investors during such 5-day period shall appoint from among the Secured Parties a successor agent. If for any reason no successor Deal Agent is appointed by the Required Investors during such 5-day period, then effective upon the expiration of such 5-day period, the Second Parties shall perform all of the duties of the Deal Agent hereunder and the Seller shall make all payments in respect of the Aggregate Unpaids or under any fee letter delivered by the Originator to the Deal Agent and the Secured Parties directly to the applicable Secured Party and for all purposes shall deal directly with the Secured Party. After any retiring Deal Agent's resignation hereunder as Deal Agent, the provisions of this Article VIII and Article IX shall inure to its benefit as to any actions taken or omitted to be taken by it while it was Deal Agent under this Agreement.

Appears in 2 contracts

Samples: Receivables Purchase Agreement (Fidelity Leasing Inc), Receivables Purchase Agreement (American Business Financial Services Inc /De/)

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Successor Deal Agent or Liquidity Agent. (a) The Deal Agent may, upon 5 days' notice to the Seller and the Secured PartiesPurchasers, and the Deal Agent will, upon the direction of all of the Secured Parties Purchasers (other than the Deal Agent, in its individual capacity) resign as Deal Agent. If the Deal Agent shall resign, then the Required Investors during such 5-day period shall appoint from among the Secured Parties Purchasers a successor agent. If for any reason no successor Deal Agent is appointed by the Required Investors during such 5-day period, then effective upon the expiration of such 5-day period, the Second Parties Purchasers shall perform all of the duties of the Deal Agent hereunder and the Seller shall make all payments in respect of the Aggregate Unpaids or under any fee letter delivered by the Originator to the Deal Agent and the Secured Parties Purchasers directly to the applicable Secured Party Purchaser and for all purposes shall deal directly with the Secured PartyPurchasers. After any retiring Deal Agent's resignation hereunder as Deal Agent, the provisions of this Article VIII and Article IX shall inure to its benefit as to any actions taken or omitted to be taken by it while it was Deal Agent under this Agreement.

Appears in 2 contracts

Samples: Receivables Purchase Agreement (Resource America Inc), Receivables Purchase Agreement (Fidelity Leasing Inc)

Successor Deal Agent or Liquidity Agent. (a) The Deal Agent may, upon 5 days' notice to the Seller and the Secured PartiesPurchasers, and the Deal Agent will, upon the direction of all of the Secured Parties Purchasers (other than the Deal Agent, in its individual capacity) resign as Deal Agent. If the Deal Agent shall resign, then the Required Investors during such 5-day period shall appoint from among the Secured Parties Purchasers a successor agent. If for any reason no successor Deal Agent is appointed by the Required Investors during such 5-day period, then effective upon the expiration of such 5five-day period, the Second Parties Purchasers shall perform all of the duties of the Deal Agent hereunder and the Seller shall make all payments in respect of the Aggregate Unpaids or under any fee letter delivered by the Originator to the Deal Agent and the Secured Parties Purchasers directly to the applicable Secured Party Purchaser and for all purposes shall deal directly with the Secured PartyPurchasers. After any retiring Deal Agent's resignation hereunder as Deal Agent, the provisions of this Article VIII IX and Article IX VIII shall inure to its benefit as to any actions taken or omitted to be taken by it while it was Deal Agent under this Agreement.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Bankvest Capital Corp)

Successor Deal Agent or Liquidity Agent. (a) The Deal Agent may, upon 5 five (5) days' notice to the Seller Borrower and the Secured PartiesLenders, and the Deal Agent will, upon the direction of all of the Secured Parties Lenders (other than the Deal Agent, in its individual capacity) resign as Deal Agent. If the Deal Agent shall resign, then the Required Investors during such 5-day period shall appoint from among the Secured Parties Lenders a successor agent. If for any reason no successor Deal Agent is appointed by the Required Investors during such 5-day period, then effective upon the expiration termination of such 5-five day period, the Second Parties Lenders shall perform all of the duties of the Deal Agent hereunder and the Seller Borrower shall make all payments in respect of the Aggregate Unpaids or under any fee letter delivered by the Originator to the Deal Agent and the Secured Parties Fee Letter directly to the applicable Secured Party Lender and for all purposes shall deal directly with the Secured PartyLenders. After any retiring Deal Agent's resignation hereunder as Deal Agent, the provisions of this Article Articles VII and VIII and Article IX shall inure to its benefit as to any actions taken or omitted to be taken by it while it was Deal Agent under this Agreement.

Appears in 1 contract

Samples: Receivables Funding and Servicing Agreement (Consumer Portfolio Services Inc)

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Successor Deal Agent or Liquidity Agent. (a) The Deal Agent may, upon 5 days' notice to the Seller Borrower and the Secured Parties, and the Deal Agent will, upon the direction of all of the Secured Parties Lenders (other than the Deal Agent, in its individual capacity) resign as Deal Agent. If the Deal Agent shall resign, then the Required Investors during such 5-day period shall appoint from among the Secured Parties a successor agent. If for any reason no successor Deal Agent is appointed by the Required Investors during such 5-day period, then effective upon the expiration of such 5-day period, the Second Secured Parties shall perform all of the duties of the Deal Agent hereunder and the Seller Borrower shall make all payments in respect of the Aggregate Unpaids Obligations or under any fee letter delivered by the Originator to the Deal Agent and the Secured Parties directly to the applicable Secured Party Lender and for all purposes shall deal directly with the Secured PartyParties. After any retiring Deal Agent's resignation hereunder as Deal Agent, the provisions of this Article VIII and Article IX shall inure to its benefit as to any actions taken or omitted to be taken by it while it was Deal Agent under this Agreement.

Appears in 1 contract

Samples: Loan Funding and Servicing Agreement (American Capital Strategies LTD)

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