Common use of Agent Resignation Clause in Contracts

Agent Resignation. The Administrative Agent may resign at any time by giving written notice thereof to the Lenders, and the Borrower, and may be removed at any time, with or without cause, by the Required Lenders. Upon any such resignation or removal, the Required Lenders shall have the right, upon five Business Days’ notice to the Borrower, to appoint a successor Administrative Agent (who shall not be a non-resident of Canada within the meaning of the Income Tax Act (Canada)), subject to the approval of the Borrower, such approval not to be unreasonably withheld. If no successor Administrative Agent shall have been so appointed by the Required Lenders and approved by the Borrower, and shall have accepted such appointment, within 30 days after the retiring Administrative Agent’s giving of notice of resignation or the Required Lenders’ removal of the retiring Administrative Agent, then, upon five Business Days’ notice to the Borrower, the retiring Administrative Agent may, on behalf of the Lenders, appoint a successor Administrative Agent (subject to approval of the Borrower, such approval not to be unreasonably withheld), which shall be a financial institution organized under the laws of Canada, the outstanding indebtedness of which is rated by any one or more of ▇▇▇▇▇’▇, S&P and DBRS as A (or their equivalent rating, as the case may be) or better.

Appears in 1 contract

Sources: Supplemental Senior Revolving Facility Credit Agreement (Tim Hortons Inc.)

Agent Resignation. The Administrative Either Agent may resign at any time by giving written notice thereof to the other Agent, the Lenders, the Issuing Bank and the BorrowerBorrowers, and may be removed at any time, with or without cause, by the Required Lenders. Upon any such resignation or removal, the Required Lenders shall have the right, upon five Business Days’ notice to the BorrowerBorrowers, to appoint a successor Administrative Agent (who shall not be a non-resident of Canada within the meaning of the Income Tax Act (Canada)), subject to the approval of the BorrowerBorrowers, such approval not to be unreasonably withheld. If no successor Administrative Agent shall have been so appointed by the Required Lenders and approved by the BorrowerBorrowers, and shall have accepted such appointment, within 30 days after the retiring Administrative Agent’s giving of notice of resignation or the Required Lenders’ removal of the retiring Administrative Agent, then, upon five Business Days’ notice to the BorrowerBorrowers, the retiring Administrative Agent may, on behalf of the Lenders, appoint a successor Administrative Agent (subject to approval of the BorrowerBorrowers, such approval not to be unreasonably withheld), which shall be a financial institution organized under the laws of Canada, the outstanding indebtedness of which is rated by any one or more of ▇▇▇▇▇’▇, S&P and DBRS as A (or their equivalent rating, as the case may be) or better.

Appears in 1 contract

Sources: Senior Revolving Facility Credit Agreement (Tim Hortons Inc.)