Common use of Termination, Resignation or Removal of Calculation Agent Clause in Contracts

Termination, Resignation or Removal of Calculation Agent. The Calculation Agent may at any time terminate this Agreement by giving no less than 90 days' written notice to the Issuer unless the Issuer consents in writing to a shorter time. Upon receipt of notice of termination by the Calculation Agent, the Issuer agrees promptly to appoint a successor Calculation Agent. The Issuer may terminate this Agreement at any time by giving written notice to the Calculation Agent and specifying the date when the termination shall become effective; provided, however, that not termination by the Calculation Agent or by the Issuer shall become effective prior to the date of the appointment by the Issuer, as provided in Section 9 hereof, of a successor Calculation Agent and the acceptance of such appointment by such successor Calculation Agent. If an instrument of acceptance by a successor Calculation Agent shall not have been delivered to the Calculation Agent within 30 days after the giving of such notice of resignation, the resigning Calculation Agent may petition any court of competent jurisdiction for the appointment of a successor Calculation Agent. Upon termination by either party pursuant to the provisions of this Section, the Calculation Agent shall be entitled to the payment of any compensation owed to it by the Issuer hereunder and to the reimbursement of all reasonable expenses, disbursements and advances incurred or made by the Calculation Agent in connection with the services rendered by it hereunder, as provided by Section 4 hereof.

Termination, Resignation or Removal of Calculation Agent. The Calculation Agent may at any time terminate this Agreement by giving no less than 90 days' written notice to the Issuer unless the Issuer consents in writing to a shorter time. Upon receipt of notice of termination by the Calculation Agent, the Issuer agrees promptly to appoint a successor Calculation Agent. The Issuer may terminate this Agreement at any time by giving written notice to the Calculation Agent and specifying the date when the termination shall become effective; provided, however, that not termination by the Calculation Agent or by the Issuer shall not become effective prior to the date of the appointment by the Issuer, as provided in Section 9 hereof, of a successor Calculation Agent and the acceptance of such appointment by such successor Calculation Agent. If an instrument of acceptance by a successor Calculation Agent shall not have been delivered to the Calculation Agent within 30 days after the giving of such notice of resignation, the resigning Calculation Agent may petition any court of competent jurisdiction for the appointment of a successor Calculation Agent. Upon termination by either party pursuant to the provisions of this Section, the Calculation Agent shall be entitled to the payment of any compensation owed to it by the Issuer hereunder and to the reimbursement of all reasonable expenses, disbursements and advances incurred or made by the Calculation Agent in connection with the services rendered by it hereunder, as provided by Section 4 hereof.

Termination, Resignation or Removal of Calculation Agent. The Calculation Agent Wachovia Bank, National Association may at any time terminate this Agreement its agreement to act as Calculation Agent by giving no less than 90 days' days written notice to the Issuer Company (which notice shall specify the date or event upon which such termination is to become effective) unless the Issuer Company consents in writing to a shorter time. Upon receipt of notice of termination by the Calculation Agent, the Issuer agrees promptly to appoint a successor Calculation Agent. The Issuer Company may terminate this Agreement its appointment of Wachovia Bank, National Association as Calculation Agent at any time by giving written notice to the Calculation Agent Wachovia Bank, National Association and specifying the date when on which the termination shall become effective; provided, however, that not no termination by the Calculation Agent or by the Issuer Company shall become effective prior to the date of the appointment by the Issuer, as provided in Section 9 hereof, of a successor Calculation Agent by the Company as provided in Section 8.7 hereof and the acceptance of such appointment by such successor Calculation Agent. If an instrument of acceptance by a successor Calculation Agent shall not have been delivered to the resigning or terminated Calculation Agent within 30 days after the giving of such notice of resignationresignation and the Company shall not have informed the Calculation Agent that it does not intend to appoint a successor Calculation Agent, the resigning Calculation Agent may petition any court of competent jurisdiction for the appointment of a successor Calculation Agent. Upon termination by either party pursuant to the provisions of this SectionSection 8.6, the Calculation Agent with respect to which this Agreement has been terminated shall be entitled to the payment of any compensation owed to it by the Issuer hereunder and to the reimbursement of all reasonable expenses, disbursements and advances incurred or made by the Calculation Agent it after October 10, 2008 in connection with the services rendered by it hereunder, as provided by Section 4 8.3 hereof.

Termination, Resignation or Removal of Calculation Agent. The Calculation Agent Wachovia Investment Holdings, LLC may at any time terminate this Agreement its agreement to act as Calculation Agent by giving no less than 90 days' ’ written notice to the Issuer Company (which notice shall specify the date or event upon which such termination is to become effective) unless the Issuer Company consents in writing to a shorter time. Upon receipt of notice of termination by the Calculation Agent, the Issuer agrees promptly to appoint a successor Calculation Agent. The Issuer Company may terminate this Agreement its appointment of Wachovia Investment Holdings, LLC as Calculation Agent at any time by giving written notice to the Calculation Agent Wachovia Investment Holdings, LLC and specifying the date when on which the termination shall become effective; provided, however, that not no termination by the Calculation Agent or by the Issuer Company shall become effective prior to the date of the appointment by the Issuer, as provided in Section 9 hereof, of a successor Calculation Agent by the Company as provided in Section 4(g) hereof and the acceptance of such appointment by such successor Calculation Agent. If an instrument of acceptance by a successor Calculation Agent shall not have been delivered to the resigning or terminated Calculation Agent within 30 days after the giving of such notice of resignationresignation and the Company shall not have informed the Calculation Agent that it does not intend to appoint a successor Calculation Agent, the resigning Calculation Agent may petition any court of competent jurisdiction for the appointment of a successor Calculation Agent. Upon termination by either party pursuant to the provisions of this SectionSection 4(f), the Calculation Agent with respect to which this Agreement has been terminated shall be entitled to the payment of any compensation owed to it by the Issuer hereunder and to the reimbursement of all reasonable expenses, disbursements and advances incurred or made by the Calculation Agent it after November 25, 2004 in connection with the services rendered by it hereunder, as provided by Section 4 4(c) hereof.

Termination, Resignation or Removal of Calculation Agent. The Calculation Agent may at any time terminate this Agreement by giving no less than 90 60 days' ’ written notice to the Issuer unless the Issuer consents in writing to a shorter time. Upon receipt of notice of termination by the Calculation Agent, the Issuer agrees promptly to appoint a successor Calculation Agent. The Issuer may terminate this Agreement at any time by giving written notice to the Calculation Agent and specifying the date when the termination shall become effective; provided, however, that not so long as any Floating Rate Notes are outstanding, no termination by the Calculation Agent or by the Issuer shall become effective prior to the date of the appointment by the Issuer, as provided in Section 9 hereof, of a successor Calculation Agent and the acceptance of such appointment by such successor Calculation Agent. If an instrument of acceptance by a successor Calculation Agent shall not have been delivered to the Calculation Agent within 30 days after the giving of such notice of resignation, the resigning Calculation Agent may petition any court of competent jurisdiction for the appointment of a successor Calculation Agent. Upon termination by either party pursuant to the provisions of this Section, the Calculation Agent shall be entitled to the payment of any compensation owed to it by the Issuer hereunder and to the reimbursement of all reasonable expenses, disbursements and advances incurred or made by the Calculation Agent in connection with the services rendered by it hereunder, as provided proved by Section 4 hereof, and the provisions of Section 10 shall remain in effect following such termination.

Termination, Resignation or Removal of Calculation Agent. The Calculation Agent may at any time terminate this Agreement by giving no less than 90 days' days written notice to the Issuer unless the Issuer consents in writing to a shorter time. Upon receipt of notice of termination by the Calculation Agent, the Issuer agrees promptly to appoint a successor Calculation Agent. The Issuer may terminate this Agreement at any time by giving written notice to the Calculation Agent and specifying the date when the termination shall become effective; provided, however, that not no termination by the Calculation Agent or by the Issuer shall become effective prior to the date of the appointment by the Issuer, as provided in Section 9 hereof, of a successor Calculation Agent and the acceptance of such appointment by such successor Calculation Agent. If an instrument of acceptance by a successor Calculation Agent shall not have been delivered to the Calculation Agent within 30 days after the giving of such notice of resignation, the resigning Calculation Agent may petition any court of competent jurisdiction for the appointment of a successor Calculation Agent. Upon termination by either party pursuant to the provisions of this Section, the Calculation Agent shall be entitled to the payment of any compensation owed to it by the Issuer hereunder and to the reimbursement of all reasonable expenses, disbursements and advances incurred or made by the Calculation Agent in connection with the services rendered by it hereunder, as provided by Section 4 hereof.

Termination, Resignation or Removal of Calculation Agent. (a) The Calculation Agent Trustee may at any time terminate this Agreement resign as Calculation Agent by giving no less than 90 days' 30 days written notice to the Issuer Bank unless the Issuer consents Bank agrees in writing to a shorter time. Upon receipt of notice of termination by the Calculation Agent, the Issuer agrees promptly to appoint a successor Calculation Agent. The Issuer Bank may terminate this Agreement the Trustee as Calculation Agent at any time by giving written notice to the Calculation Agent Trustee and specifying the date when the termination of its status as Calculation Agent shall become effective; provided, however, the Trustee, as Calculation Agent, hereby agrees that not no termination by the Calculation Agent it or by the Issuer Bank shall become effective prior to the date of the appointment by the Issuer, as provided in Section 9 hereof, Bank of a successor Calculation Agent meeting the requirements of Section 1002 hereof and the acceptance of such appointment by such successor Calculation Agent. If an instrument of acceptance by a successor Calculation Agent shall not have been delivered to the Calculation Agent within 30 days after the giving of such notice of resignation, the resigning Calculation Agent may petition any court of competent jurisdiction for the appointment of a successor Calculation Agent. Upon termination by either party pursuant to the provisions of under this Section, the Calculation Agent Trustee shall be entitled to the payment of any compensation amount owed to it by the Issuer hereunder Bank for its services as Calculation Agent and to the reimbursement of all reasonable expenses, disbursements and advances expenses incurred or made by the Calculation Agent in connection with the services rendered by it hereunder, and the provisions of Section 1507 shall remain in effect. (b) Any successor Calculation Agent appointed shall execute and deliver to the Trustee and to the Bank an instrument accepting such appointment, and thereupon such successor Calculation Agent shall, without any further act, deed or conveyance, become vested with all the authority, rights, powers, trusts, immunities, duties and obligations of Calculation Agent, and with like effect as provided if originally named as Calculation Agent hereunder and the Trustee shall thereupon be obligated to transfer and deliver, and such subsequent Calculation Agent shall be entitled to receive, copies of any relevant records maintained by Section 4 hereofthe Trustee.

Termination, Resignation or Removal of Calculation Agent. The Calculation Agent may at any time terminate this Agreement by giving no less than 90 days' written notice to the Issuer Company and the Trustee specifying the date on which its desired resignation shall become effective, provided that such notice shall be given no less than ninety (90) days prior to said effective date unless the Issuer consents in writing to a shorter time. Upon receipt of notice of termination by the Calculation Agent, the Issuer agrees promptly to appoint a successor Calculation AgentCompany and Trustee otherwise agree in writing. The Issuer Company may terminate this Agreement at any time by giving written notice to the Calculation Agent and specifying the date when the termination shall become effective; provided, however, provided that such effective date of the Company's termination shall be at least twenty (20) days after the date of notice and shall not be less than forty-five (45) days before the Interest Payment Date on any Floating Rate Note that shall be the final Interest Payment Date with respect to which such Calculation Agent shall serve as the Calculation Agent. No termination by either the Calculation Agent or by the Issuer Company shall become effective prior to the date of the appointment by the Issuer, as provided in Section 9 hereof, Company of a successor Calculation Agent and the acceptance of such appointment by such successor Calculation Agent. If an instrument of acceptance by a successor Calculation Agent shall not have been delivered to the Calculation Agent within 30 days after the giving of such notice of resignation, the resigning Calculation Agent may petition any court of competent jurisdiction for the appointment of a successor Calculation Agentas provided in Section 8 hereof. Upon termination by either party pursuant to the provisions of this Section, the Calculation Agent shall be entitled to the payment of any compensation owed to it by the Issuer Company hereunder and to the reimbursement of all reasonable expenses, disbursements and advances expenses incurred or made by the Calculation Agent in connection with the services rendered by it hereunder, as provided by Section 4 hereof. The provisions of Sections 9 and 13 hereof shall remain in effect following termination by either party.

Termination, Resignation or Removal of Calculation Agent. The Calculation Agent may at any time terminate this Agreement by giving no less than 90 days' days written notice to the Issuer unless the Issuer consents in writing to a shorter time. Upon receipt of notice of termination by the Calculation Agent, . the Issuer agrees promptly to appoint a successor Calculation Agent. The Issuer may terminate this Agreement at any time by giving written notice to the Calculation Agent and specifying the date when the termination shall become effective; provided, however, that not no termination by the Calculation Agent or by the Issuer shall become effective prior to the date of the appointment by the Issuer, as provided in Section 9 hereof, of a successor Calculation Agent and the acceptance of such appointment by such successor Calculation Agent. If an instrument of acceptance by a successor Calculation Agent shall not have been delivered to the Calculation Agent within 30 days after the giving of such notice of resignation, the resigning Calculation Agent may petition any court of competent jurisdiction for the appointment of a successor Calculation Agent. Upon termination by either party pursuant to the provisions of this Sectionsection, the Calculation Agent shall be entitled to the payment of any compensation owed to it by the Issuer hereunder and to the reimbursement of all reasonable expenses, disbursements and advances incurred or made by the Calculation Agent in connection with the services rendered by it hereunder, as provided by Section 4 hereof.

Termination, Resignation or Removal of Calculation Agent. The Calculation Agent may at any time terminate this Agreement by giving no less than 90 45 days' ’ prior written notice to the Issuer Issuer, unless the Issuer consents in writing to a shorter time. Upon receipt of notice of termination by the Calculation Agent, if any Floating Rate Notes are outstanding, the Issuer agrees promptly to appoint a successor calculation agent. In such event, the Calculation Agent shall have the right to petition at the expense of the Issuer a court of competent jurisdiction for the appointment of a successor calculation agent in the event of the failure to so appoint a successor calculation agent within 20 days after receipt of notice of termination by the Calculation Agent. The Issuer may terminate this Agreement at any time by giving written notice to the Calculation Agent and specifying the date when the termination shall become effective; provided, howeverprovided that no such removal shall take effect less than 30 days nor more than 45 days after such notice has been given. Notwithstanding the foregoing, that not if any Floating Rate Notes are outstanding, no termination by the Calculation Agent or by the Issuer shall become effective prior to the date of the appointment by the Issuer, as provided in Section 9 hereof, of a successor Calculation Agent calculation agent and the acceptance of such appointment by such successor Calculation Agent. If an instrument of acceptance by a successor Calculation Agent shall not have been delivered to the Calculation Agent within 30 days after the giving of such notice of resignation, the resigning Calculation Agent may petition any court of competent jurisdiction for the appointment of a successor Calculation Agentcalculation agent. Upon termination by either any party pursuant to the provisions of this SectionSection 8, the Calculation Agent shall be entitled to the payment of any compensation owed to it by the Issuer hereunder and to the reimbursement of all reasonable out-of-pocket expenses, disbursements and advances incurred or made by the Calculation Agent in connection with the services rendered by it hereunder, as provided by Section 4 hereofhereunder (other than incurred in respect of a termination).