Common use of Successor Funding Agent Clause in Contracts

Successor Funding Agent. The Funding Agent, upon five (5) days’ notice to the Loan Parties, the other Agents and the Lenders, may voluntarily resign and may be removed at any time, with or without cause, by Committed Lenders holding in the aggregate at least sixty-six and two-thirds percent (66 2/3%) of the Aggregate Commitment and the Borrower. If the Funding Agent (other than Rabobank) shall voluntarily resign or be removed as Funding Agent under this Agreement, then the Required Committed Lenders during such five-day period shall appoint, with the consent of Borrower from among the remaining Committed Lenders, a successor Funding Agent, whereupon such successor Funding Agent shall succeed to the rights, powers and duties of the Funding Agent and the term “Funding Agent” shall mean such successor agent, effective upon its appointment, and the former Funding Agent’s rights, powers and duties as Funding Agent shall be terminated, without any other or further act or deed on the part of such former Funding Agent or any of the parties to this Agreement. After any retiring Funding Agent’s resignation hereunder as Funding Agent, the provisions of this Article XI and Article X shall inure to its benefit as to any actions taken or omitted to be taken by it while it was Funding Agent under this Agreement.

Successor Funding Agent. The Funding Agent, upon five (5) days’ notice to the Loan Parties, the other Agents and the Lenders, may voluntarily resign and may be removed at any time, with or without cause, by Committed Lenders holding in the aggregate at least sixty-six and two-thirds percent (66 2/3%) of the Aggregate Commitment and the Borrower. If the Funding Agent (other than Rabobank) shall voluntarily resign or be removed as Funding Agent under this Agreement, then the Required Committed Lenders during such five-day period shall appoint, with the consent of Borrower Xxxxxxxx from among the remaining Committed Lenders, a successor Funding Agent, whereupon such successor Funding Agent shall succeed to the rights, powers and duties of the Funding Agent and the term “Funding Agent” shall mean such successor agent, effective upon its appointment, and the former Funding Agent’s rights, powers and duties as Funding Agent shall be terminated, without any other or further act or deed on the part of such former Funding Agent or any of the parties to this Agreement. After any retiring Funding Agent’s resignation hereunder as Funding Agent, the provisions of this Article XI and Article X shall inure to its benefit as to any actions taken or omitted to be taken by it while it was Funding Agent under this Agreement.

Successor Funding Agent. The Funding AgentAgent may, upon five (5) days’ ' notice to the Loan PartiesPARCO, the other Agents APA Banks and the LendersRating Agencies, may voluntarily resign and may be removed at any timethe Funding Agent will, with or without cause, by Committed Lenders holding in upon the aggregate at least sixtydirection of APA Banks having 66-six and two-thirds percent (66 2/3%) % of the Aggregate Commitment and Pro Rata Shares (calculated without regard to the BorrowerPro Rata Share of Chase or any Affiliate of Chase), resign as Funding Agent; provided, in either case, that an APA Bank agrees to become the successor Funding Agent hereunder in accordance with the next sentence. If the Funding Agent (other than Rabobank) shall voluntarily resign or be removed as Funding Agent under this Agreement, then the Required Committed Lenders APA Banks during such five-day period shall appoint, with the consent of Borrower appoint from among the remaining Committed Lenders, APA Banks a successor Funding Agentagent, whereupon such successor Funding Agent shall agent shall, with a Rating Confirmation, succeed to the rights, powers and duties of the Funding Agent Agent, and the term “"Funding Agent” " shall mean such successor agent, effective upon its acceptance of such appointment, and the former Funding Agent’s 's rights, powers and duties as Funding Agent shall be terminated, without any other or further act or deed on the part of such former Funding Agent or any of the parties to this Agreement. After any the retiring Funding Agent’s 's resignation hereunder as Funding Agent, the provisions of this Article XI and Article X IV shall inure to its benefit as to any actions taken or omitted to be taken by it while it was Funding Agent under this Agreement.