Common use of Identity of Agent Clause in Contracts

Identity of Agent. Secured Party shall at all times be the same Person that is the Collateral Agent under the Loan Agreement. Written notice of resignations by the Collateral Agent pursuant to Section 11.9 of the Loan Agreement shall also constitute notice of resignation as Secured Party under this Agreement and substitution of a successor collateral agent pursuant to Section 11.9 of the Loan Agreement shall also constitute substitution of a successor Secured Party under this Agreement. Upon the acceptance of any appointment as Collateral Agent under Section 11.9 of the Loan Agreement by a successor Collateral Agent, that successor Collateral Agent shall thereupon succeed to and become vested with all the rights, powers, privileges and duties of the retiring or removed Secured Party under this Agreement, and the retiring or removed Secured Party under this Agreement shall promptly (i) transfer to such successor Secured Party all items of Collateral held by Secured Party (which as appropriate shall be credited to, and held for the credit of, the new Collateral Account established and maintained by such successor Secured Party), together with all records and other documents necessary or appropriate in connection with the performance of the duties of the successor Secured Party under this Agreement, and (ii) execute and deliver to such successor Secured Party such amendments to financing statements, and take such other actions, as may be necessary or appropriate in connection with the assignment to such successor Secured Party of the security interests created hereunder, whereupon such retiring or removed Secured Party shall be discharged from its duties and obligations under this Agreement. After any retiring or removed Collateral Agent's resignation or removal hereunder as Secured Party, the provisions of this Agreement shall inure to its benefit as to any actions taken or omitted to be taken by it under this Agreement while it was Secured Party hereunder.

Identity of Agent. Secured Party shall at all times be the same Person that is the Collateral Bank Agent under the Loan Bank Credit Agreement. Written notice of resignations by the Collateral Bank Agent pursuant to Section 11.9 subsection 9.9 of the Loan Bank Credit Agreement shall also constitute notice of resignation as Secured Party under this Agreement and substitution of a successor collateral bank agent pursuant to Section 11.9 subsection 9.9 of the Loan Bank Credit Agreement shall also constitute substitution of a successor Secured Party under this Agreement. Upon the acceptance of any appointment as Collateral Bank Agent under Section 11.9 subsection 9.9 of the Loan Bank Credit Agreement by a successor Collateral Bank Agent, that successor Collateral Bank Agent shall thereupon succeed to and become vested with all the rights, powers, privileges and duties of the retiring or removed Secured Party under this Agreement, and the retiring or removed Secured Party under this Agreement shall promptly (i) transfer to such successor Secured Party all items of Collateral held by Secured Party (which as appropriate shall be credited to, and held for the credit of, the any new Collateral Account Accounts established and maintained by such successor Secured Party), together with all records and other documents necessary or appropriate in connection with the performance of the duties of the successor Secured Party under this Agreement, and (ii) execute and deliver to such successor Secured Party such amendments to financing statements, and take such other actions, as may be necessary or appropriate in connection with the assignment to such successor Secured Party of the security interests created hereunder, whereupon such retiring or removed Secured Party shall be discharged from its duties and obligations under this Agreement. After any retiring or removed Collateral Bank Agent's resignation or removal hereunder as Secured Party, the provisions of this Agreement shall inure to its benefit as to any actions taken or omitted to be taken by it under this Agreement while it was Secured Party hereunder.

Identity of Agent. Secured Party shall at all times be the same Person that is the Collateral Disbursement Agent under the Loan Disbursement Agreement. Written notice of resignations resignation by the Collateral Disbursement Agent pursuant to Section 11.9 subsection 9.7 of the Loan Disbursement Agreement shall also constitute notice of resignation as Secured Party under this Agreement; removal of Disbursement Agent pursuant to subsection 9.7 of the Disbursement Agreement shall also constitute removal as Secured Party under this Agreement; and substitution of a successor collateral disbursement agent pursuant to Section 11.9 subsection 9.7 of the Loan Disbursement Agreement shall also constitute substitution of a successor Secured Party under this Agreement. Upon the acceptance of any appointment as Collateral Disbursement Agent under Section 11.9 subsection 9.7 of the Loan Disbursement Agreement by a successor Collateral Disbursement Agent, that successor Collateral Disbursement Agent shall thereupon succeed to and become vested with all the rights, powers, privileges and duties of the retiring or removed Secured Party under this Agreement, and the retiring or removed Secured Party under this Agreement shall promptly (i) transfer to such successor Secured Party all items of Collateral held by Secured Party (which as appropriate shall be credited to, and held for the credit of, the new Collateral Account established and maintained by such successor Secured Party), together with all records and other documents necessary or appropriate in connection with the performance of the duties of the successor Secured Party under this Agreement, and (ii) execute and deliver to such successor Secured Party such amendments to financing statements, and take such other actions, as may be necessary or appropriate in connection with the assignment to such successor Secured Party of the security interests created hereunder, whereupon such retiring or removed Secured Party shall be discharged from its duties and obligations under this Agreement. After any retiring or removed Collateral Disbursement Agent's resignation or removal hereunder as Secured Party, the provisions of this Agreement shall inure to its benefit as to any actions taken or omitted to be taken by it under this Agreement while it was Secured Party hereunder.

Identity of Agent. Secured Party shall at all times be the same Person that is the Collateral Administrative Agent under the Loan Credit Agreement. Written notice of resignations resignation by the Collateral Administrative Agent pursuant to Section 11.9 of the Loan Credit Agreement shall also constitute notice of resignation as Secured Party under this Agreement; removal of Administrative Agent pursuant to the Credit Agreement shall also constitute removal as Secured Party under this Agreement; and substitution of a successor collateral agent Administrative Agent pursuant to Section 11.9 of the Loan Credit Agreement shall also constitute substitution of a successor Secured Party under this Agreement. Upon the acceptance of any appointment as Collateral Administrative Agent under Section 11.9 of the Loan Credit Agreement by a successor Collateral Administrative Agent, that successor Collateral Administrative Agent shall thereupon succeed to and become vested with all the rights, powers, privileges and duties of the retiring or removed Secured Party under this Agreement, and the retiring or removed Secured Party under this Agreement shall promptly (i) transfer to such successor Secured Party all items of Collateral held by Secured Party (which as appropriate shall be credited to, and held for the credit of, the any new Collateral Disbursement Account established and maintained by such successor Secured Party), together with all records and other documents necessary or appropriate in connection with the performance of the duties of the successor Secured Party under this Agreement, and (ii) execute and deliver to such successor Secured Party such amendments to financing statements, and take such other actions, as may be necessary or appropriate in connection with the assignment to such successor Secured Party of the security interests created hereunder, whereupon such retiring or removed Secured Party shall be discharged from its duties and obligations under this Agreement. After any retiring or removed Collateral Administrative Agent's resignation or removal hereunder as Secured Party, the provisions of this Agreement shall inure to its benefit as to any actions taken or omitted to be taken by it under this Agreement while it was Secured Party hereunder.

Identity of Agent. Secured Party shall at all times be the same Person that is the Collateral Agent Indenture Trustee under the Loan AgreementSecond Mortgage Notes Indenture. Written notice of resignations by the Collateral Agent Indenture Trustee pursuant to Section 11.9 subsection [7.08] of the Loan Agreement Second Mortgage Notes Indenture shall also constitute notice of resignation as Secured Party under this Agreement Agreement; removal of the Indenture Trustee pursuant to subsection [7.08] of the Second Mortgage Notes Indenture shall also constitute removal as Secured Party under this Agreement; and substitution of a successor collateral agent indenture trustee pursuant to Section 11.9 subsection [7.08] of the Loan Agreement Second Mortgage Notes Indenture shall also constitute substitution of a successor Secured Party under this Agreement. Upon the acceptance of any appointment as Collateral Agent Indenture Trustee under Section 11.9 subsection [7.08] of the Loan Agreement Second Mortgage Notes Indenture by a successor Collateral AgentIndenture Trustee, that successor Collateral Agent Indenture Trustee shall thereupon succeed to and become vested with all the rights, powers, privileges and duties of the retiring or removed Secured Party under this Agreement, and the retiring or removed Secured Party under this Agreement shall promptly (i) transfer to such successor Secured Party all items of Collateral held by Secured Party (which as appropriate shall be credited to, and held for the credit of, the any new Collateral Account Accounts established and maintained by such successor Secured Party), together with all records and other documents necessary or appropriate in connection with the performance of the duties of the successor Secured Party under this Agreement, and (ii) execute and deliver to such successor Secured Party such amendments to financing statements, and take such other actions, as may be necessary or appropriate in connection with the assignment to such successor Secured Party of the security interests created hereunder, whereupon such retiring or removed Secured Party shall be discharged from its duties and obligations under this Agreement. After any retiring or removed Collateral AgentIndenture Trustee's resignation or removal hereunder as Secured Party, the provisions of this Agreement shall inure to its benefit as to any actions taken or omitted to be taken by it under this Agreement while it was Secured Party hereunder.

Identity of Agent. Secured Party shall at all times be the same Person that is the Collateral Disbursement Agent under the Loan Disbursement Agreement. Written notice of resignations resignation by the Collateral Disbursement Agent pursuant to Section 11.9 4.7 of the Loan Disbursement Agreement shall also constitute notice of resignation as Secured Party under this Agreement; removal of Disbursement Agent pursuant to Section 4.7 of the Disbursement Agreement shall also constitute removal as Secured Party under this Agreement; and substitution of a successor collateral agent Disbursement Agent pursuant to Section 11.9 4.7 of the Loan Disbursement Agreement shall also constitute substitution of a successor Secured Party under this Agreement. Upon the acceptance of any appointment as Collateral Disbursement Agent under Section 11.9 4.7 of the Loan Disbursement Agreement by a successor Collateral Disbursement Agent, that successor Collateral Disbursement Agent shall thereupon succeed to and become vested with all the rights, powers, privileges and duties of the retiring or removed Secured Party under this Agreement, and the retiring or removed Secured Party under this Agreement shall promptly (i) transfer to such successor Secured Party all items of Collateral held by Secured Party (which as appropriate shall be credited to, and held for the credit of, the any new restricted Collateral Account established and maintained by such successor Secured Party), together with all records and other documents necessary or appropriate in connection with the performance of the duties of the successor Secured Party under this Agreement, and (ii) execute and deliver to such successor Secured Party such amendments to financing statements, and take such other actions, as may be necessary or appropriate in connection with the assignment to such successor Secured Party of the security interests created hereunder, whereupon such retiring or removed Secured Party shall be discharged from its duties and obligations under this Agreement. After any retiring or removed Collateral Disbursement Agent's resignation or removal hereunder as Secured Party, the provisions of this Agreement shall inure to its benefit as to any actions taken or omitted to be taken by it under this Agreement while it was Secured Party hereunder.

Identity of Agent. Secured Party shall at all times be the same Person that is the Collateral Bank Agent under the Loan Bank Credit Agreement. Written notice of resignations by the Collateral Bank Agent pursuant to Section 11.9 subsection of the Loan Bank Credit Agreement shall also constitute notice of resignation as Secured Party under this Agreement; removal of the Bank Agent pursuant to subsection of the Bank Credit Agreement shall also constitute removal as Secured Party under this Agreement; and substitution of a successor collateral bank agent pursuant to Section 11.9 subsection of the Loan Bank Credit Agreement shall also constitute substitution of a successor Secured Party under this Agreement. Upon the acceptance of any appointment as Collateral Bank Agent under Section 11.9 subsection of the Loan Bank Credit Agreement by a successor Collateral Bank Agent, that successor Collateral Bank Agent shall thereupon succeed to and become vested with all the rights, powers, privileges and duties of the retiring or removed Secured Party under this Agreement, and the retiring or removed Secured Party under this Agreement shall promptly (i) transfer to such successor Secured Party all items of Collateral held by Secured Party (which as appropriate shall be credited to, and held for the credit of, the any new Collateral Account Accounts established and maintained by such successor Secured Party), together with all records and other documents necessary or appropriate in connection with the performance of the duties of the successor Secured Party under this Agreement, and (ii) execute and deliver to such successor Secured Party such amendments to financing statements, and take such other actions, as may be necessary or appropriate in connection with the assignment to such successor Secured Party of the security interests created hereunder, whereupon such retiring or removed Secured Party shall be discharged from its duties and obligations under this Agreement. After any retiring or removed Collateral Bank Agent's resignation or removal hereunder as Secured Party, the provisions of this Agreement shall inure to its benefit as to any actions taken or omitted to be taken by it under this Agreement while it was Secured Party hereunder.

Identity of Agent. Secured Party shall at all times be the same Person that is the Collateral Disbursement Agent under the Loan Disbursement Agreement. Written notice of resignations resignation by the Collateral Disbursement Agent pursuant to Section 11.9 subsection 9.7 of the Loan Disbursement Agreement shall also constitute notice of resignation as Secured Party under this Agreement; removal of Disbursement Agent pursuant to subsection 9.7 of the Disbursement Agreement shall also constitute removal as Secured Party under this Agreement; and substitution of a successor collateral disbursement agent pursuant to Section 11.9 subsection 9.7 of the Loan Disbursement Agreement shall also constitute substitution of a successor Secured Party under this Agreement. Upon the acceptance of any appointment as Collateral Disbursement Agent under Section 11.9 subsection 9.7 of the Loan Disbursement Agreement by a successor Collateral Disbursement Agent, that successor Collateral Disbursement Agent shall thereupon succeed to and become vested with all the rights, powers, privileges and duties of the retiring or removed Secured Party under this Agreement, and the retiring or removed Secured Party under this Agreement shall promptly (i) transfer to such successor Secured Party all items of Collateral held by Secured Party (which as appropriate shall be credited to, and held for the credit of, the any new Restricted Collateral Account Accounts established and maintained by such successor Secured Party), together with all records and other documents necessary or appropriate in connection with the performance of the duties of the successor Secured Party under this Agreement, and (ii) execute and deliver to such successor Secured Party such amendments to financing statements, and take such other actions, as may be necessary or appropriate in connection with the assignment to such successor Secured Party of the security interests created hereunder, whereupon such retiring or removed Secured Party shall be discharged from its duties and obligations under this Agreement. After any retiring or removed Collateral Disbursement Agent's resignation or removal hereunder as Secured Party, the provisions of this Agreement shall inure to its benefit as to any actions taken or omitted to be taken by it under this Agreement while it was Secured Party hereunder.