Common use of Resignation of Depositary Agent Clause in Contracts

Resignation of Depositary Agent. The Depositary Agent may resign at any time upon giving at least thirty days written notice to the parties; PROVIDED, HOWEVER, that no such resignation shall become effective until the appointment of a successor depositary agent which shall be accomplished as follows: the parties shall use their best efforts to mutually agree on a successor depositary agent within thirty days after receiving such notice. If the parties fail to agree upon a successor depositary agent within such time, the Depositary Agent shall have the right to appoint a successor depositary agent authorized to do business in the State of California. The successor depositary agent shall execute and deliver an instrument accepting such appointment and it shall, without further acts, be vested with all the estates, properties, rights, powers, and duties of the predecessor depositary agent as if originally named as Depositary Agent. The Depositary Agent shall be discharged from any further duties and liability under this Agreement.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Valueclick Inc/Ca), Registration Rights Agreement (Valueclick Inc/Ca)

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Resignation of Depositary Agent. The Depositary Agent may resign at any time upon giving at least thirty (30) days written notice to the parties; PROVIDEDprovided, HOWEVERhowever, that no such resignation shall become effective until the appointment of a successor depositary agent which shall be accomplished as follows: the parties shall use their best reasonable efforts to mutually agree on a successor depositary agent within thirty (30) days after receiving such notice. If the parties fail to agree upon a successor depositary agent within such time, the Depositary Agent shall have the right to appoint a successor depositary agent authorized to do business in the State of California. The successor depositary agent shall execute and deliver an instrument accepting such appointment and it shall, without further acts, be vested with all the estates, properties, rights, powers, and duties of the predecessor depositary agent as if originally named as Depositary Agent. The Depositary Agent shall be discharged from any further duties and liability under this Agreement.

Appears in 1 contract

Samples: Merger Agreement (Broadcom Corp)

Resignation of Depositary Agent. The Depositary Agent may resign at any time upon giving at least thirty 30 days written notice to the parties; PROVIDEDprovided, HOWEVERhowever, that no such resignation shall become effective until the appointment of a successor depositary agent which shall be accomplished as follows: the parties shall use their best efforts to mutually agree on a successor depositary agent within thirty (30) days after receiving such notice. If the parties fail to agree upon a successor depositary agent within such time, the Depositary Agent shall have the right to appoint a successor depositary agent authorized to do business in the State of California. The successor depositary agent shall execute and deliver an instrument accepting such appointment and it shall, without further acts, be vested with all the estates, properties, rights, powers, and duties of the predecessor depositary agent as if originally named as Depositary Agent. The Depositary Agent shall be discharged from any further duties and liability under this Agreement.

Appears in 1 contract

Samples: Merger Agreement (Broadcom Corp)

Resignation of Depositary Agent. The Depositary Agent may resign at any time upon giving at least thirty (30) days written notice to the parties; PROVIDEDprovided, HOWEVERhowever, that no such resignation shall become effective until the appointment of a successor depositary agent which shall be accomplished as follows: the parties shall use their reasonable best efforts to mutually agree on a successor depositary agent within thirty (30) days after receiving such notice. If the parties fail to agree upon a successor depositary agent within such time, the Depositary Agent shall have the right to appoint a successor depositary agent authorized to do business in the State of California. The successor depositary agent shall execute and deliver an instrument accepting such appointment and it shall, without further acts, be vested with all the estates, properties, rights, powers, and duties of the predecessor depositary agent as if originally named as Depositary Agent. The Depositary Agent shall be discharged from any further duties and liability under this Agreement.

Appears in 1 contract

Samples: Merger Agreement And (Broadcom Corp)

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Resignation of Depositary Agent. The Depositary Agent may resign at any time upon giving at least thirty 30 days written notice to the parties; PROVIDEDprovided, HOWEVERhowever, that no such resignation shall become effective until the appointment of a successor depositary agent Depositary Agent which shall be accomplished as follows: the parties shall use their best efforts to mutually agree on a successor depositary agent Depositary Agent within thirty 30 days after receiving such notice. If the parties fail to agree upon a successor depositary agent Depositary Agent within such time, the Depositary Agent shall have the right to appoint a successor depositary agent Depositary Agent authorized to do business in the State of California. The successor depositary agent Depositary Agent shall execute and deliver an instrument accepting such appointment and it shall, without further acts, be vested with all the estates, properties, rights, powers, and duties of the predecessor depositary agent Depositary Agent as if originally named as Depositary Agent. The Depositary Agent shall be discharged from any further duties and liability under this Agreement.

Appears in 1 contract

Samples: Strategic Alliance Agreement (Broadcom Corp)

Resignation of Depositary Agent. The Depositary Agent may resign at any time upon giving at least thirty (30) days written notice to the parties; PROVIDEDprovided, HOWEVERhowever, that no such resignation shall become effective until the appointment of a successor depositary agent which shall be accomplished as follows: the parties shall use their best efforts to mutually agree on a successor depositary agent within thirty (30) days after receiving such notice. If the parties fail to agree upon a successor depositary agent within such time, the Depositary Agent shall have the right to appoint a successor depositary agent authorized to do business in the State of California. The successor depositary agent shall execute and deliver an instrument accepting such appointment and it shall, without further acts, be vested with all the estates, properties, rights, powers, and duties of the predecessor depositary agent as if originally named as Depositary Agent. The Depositary Agent shall be discharged from any further duties and liability under this Agreement.

Appears in 1 contract

Samples: Merger Agreement And (Broadcom Corp)

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