Common use of Resignation of the Agent; Successor Agent Clause in Contracts

Resignation of the Agent; Successor Agent. Subject to the appointment and acceptance of a successor as provided below, the Agent may resign at any time by giving notice thereof to the Lenders and the Borrowers. Upon any such resignation, the Required Lenders shall have the right to appoint a successor Agent, reasonably acceptable to the Borrowers, which successor shall have minimum capital and surplus of $500,000,000. If no successor Agent shall have been so appointed by the Required Lenders and shall have accepted such appointment within thirty (30) days after the Agent’s giving of notice of resignation, then the Agent may, on behalf of the Lenders, appoint a successor Agent, reasonably acceptable to the Borrowers, which successor shall have minimum capital and surplus of $500,000,000. Upon the acceptance of any appointment as Agent hereunder by a successor Agent, such successor Agent shall thereupon succeed to and become vested with all rights, powers, privileges and duties of the retiring Agent, and the retiring Agent shall be discharged from its duties and obligations hereunder. After any retiring Agent’s resignation hereunder as Agent, the provisions of this Section 12.9 shall continue in effect for its benefit in respect of any actions taken or omitted to be taken by it while it was acting as Agent.

Appears in 3 contracts

Samples: Credit Agreement (Tessco Technologies Inc), Credit Agreement (Tessco Technologies Inc), Credit Agreement (Tessco Technologies Inc)

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Resignation of the Agent; Successor Agent. Subject to the ----------------------------------------- appointment and acceptance of a successor as provided below, the Agent may resign at any time by giving notice thereof to the Lenders and the BorrowersBorrower. Upon any such resignation, the Required Lenders shall have the right right, with the consent of the Borrower (which consent shall not unreasonably be withheld or delayed), to appoint a successor Agent, reasonably acceptable to the Borrowers, which successor shall have minimum capital and surplus of at least $500,000,000. If no successor Agent shall have been so appointed by the Required Lenders and shall have accepted such appointment within thirty (30) days after the Agent’s 's giving of notice of resignation, then the Agent may, on behalf of the Lenders, with the consent of the Borrower (which consent shall not unreasonably be withheld or delayed), appoint a successor Agent, reasonably acceptable to the Borrowers, which successor shall have minimum capital and surplus of at least $500,000,000. Upon the acceptance of any appointment as Agent hereunder by a successor Agent, such successor Agent shall thereupon succeed to and become vested with all rights, powers, privileges and duties of the retiring Agent, and the retiring Agent shall be discharged from its duties and obligations hereunder. After any retiring Agent’s 's resignation hereunder as Agent, the provisions of this Section 12.9 shall continue in effect for its benefit in respect of any actions taken or omitted to be taken by it while it was acting as Agent.

Appears in 2 contracts

Samples: Credit Agreement (American Business Information Inc /De), Credit Agreement (American Business Information Inc /De)

Resignation of the Agent; Successor Agent. Subject to the appointment and acceptance of a successor as provided below, the Agent may resign at any time by giving notice thereof to the Lenders and the Borrowers. Upon any such resignation, the Required Lenders shall have the right to appoint a successor Agent, reasonably acceptable to the Borrowers, which successor shall have minimum capital and surplus of at least $500,000,000. If no successor Agent shall have been so appointed by the Required Lenders and shall have accepted such appointment within thirty (30) days after the Agent’s 's giving of notice of resignation, then the Agent may, on behalf of the Lenders, appoint a successor Agent, reasonably acceptable to the Borrowers, which successor shall have minimum capital and surplus of at least $500,000,000. Upon the acceptance of any appointment as Agent hereunder by a successor Agent, such successor Agent shall thereupon succeed to and become vested with all rights, powers, privileges and duties of the retiring Agent, and the retiring Agent shall be discharged from its duties and obligations hereunder. After any retiring Agent’s 's resignation hereunder as Agent, the provisions of this Section 12.9 11.9 shall continue in effect for its benefit in respect of any actions taken or omitted to be taken by it while it was acting as Agent.

Appears in 2 contracts

Samples: Credit Agreement (Rare Hospitality International Inc), Credit Agreement (Rare Hospitality International Inc)

Resignation of the Agent; Successor Agent. Subject to the appointment and acceptance of a successor as provided below, the Agent may resign at any time by giving notice thereof to the Lenders and the Borrowers. Upon any such resignation, the Required Lenders shall have the right to appoint a successor Agent, reasonably acceptable to the Borrowers, which successor shall have minimum capital and surplus of at least $500,000,000. If no successor Agent shall have been so appointed by the Required Lenders and shall have accepted such appointment within thirty (30) days after the Agent’s giving of notice of resignation, then the Agent may, on behalf of the Lenders, appoint a successor Agent, reasonably acceptable to the Borrowers, which successor shall have minimum capital and surplus of at least $500,000,000. Upon the acceptance of any appointment as Agent hereunder by a successor Agent, such successor Agent shall thereupon succeed to and become vested with all rights, powers, privileges and duties of the retiring Agent, and the retiring Agent shall be discharged from its duties and obligations hereunder. After any retiring Agent’s resignation hereunder as Agent, the provisions of this Section 12.9 13.9 shall continue in effect for its benefit in respect of any actions taken or omitted to be taken by it while it was acting as Agent.

Appears in 2 contracts

Samples: Credit and Security Agreement (Seacastle Inc.), Credit and Security Agreement (Interpool Inc)

Resignation of the Agent; Successor Agent. Subject to the appointment and acceptance of a successor as provided below, the Agent may resign at any time by giving notice thereof to the Lenders and the BorrowersBorrower. Upon any such resignation, the Required Lenders shall have the right to appoint a successor Agent, reasonably acceptable to the Borrowers, which successor shall have minimum capital and surplus of at least $500,000,000. If no successor Agent shall have been so appointed by the Required Lenders and shall have accepted such appointment within thirty (30) days after the Agent’s 's giving of notice of resignation, then the Agent may, on behalf of the Lenders, appoint a successor Agent, reasonably acceptable to the Borrowers, which successor shall have minimum capital and surplus of at least $500,000,000. Upon the acceptance of any appointment as Agent hereunder by a successor Agent, such successor Agent shall thereupon succeed to and become vested with all rights, powers, privileges and duties of the retiring Agent, and the retiring Agent shall be discharged from its duties and obligations hereunder, except for liabilities incurred prior thereto. After any retiring Agent’s 's resignation hereunder as Agent, the provisions of this Section 12.9 shall continue in effect for its benefit in respect of any actions taken or omitted to be taken by it while it was acting as Agent.

Appears in 1 contract

Samples: Credit Agreement (Quorum Health Group Inc)

Resignation of the Agent; Successor Agent. Subject to the appointment and acceptance of a successor as provided below, the Agent may resign at any time by giving notice thereof to the Revolving Credit Lenders and the BorrowersBorrower. Upon any such resignation, the Required Revolving Credit Lenders shall have the right to appoint a successor Agent, reasonably acceptable to the Borrowers, which successor shall have minimum capital and surplus of at least $500,000,000. If no successor Agent shall have been so appointed by the Required Revolving Credit Lenders and shall have accepted such appointment within thirty (30) days after the Agent’s 's giving of notice of resignation, then the Agent may, on behalf of the Revolving Credit Lenders, appoint a successor Agent, reasonably acceptable to the Borrowers, which successor shall have minimum capital and surplus of at least $500,000,000. Upon the acceptance of any appointment as Agent hereunder by a successor Agent, such successor Agent shall thereupon succeed to and become vested with all rights, powers, privileges and duties of the retiring Agent, and the retiring Agent shall be discharged from its duties and obligations hereunder. After any retiring Agent’s 's resignation hereunder as Agent, the provisions of this Section 12.9 shall continue in effect for its benefit in respect of any actions taken or omitted to be taken by it while it was acting as Agent.

Appears in 1 contract

Samples: Revolving Credit Agreement (WLR Foods Inc)

Resignation of the Agent; Successor Agent. Subject to the appointment and acceptance of a successor as provided below, the Agent may resign at any time by giving notice thereof to the Lenders and the BorrowersObligors. Upon any such resignation, the Required Lenders shall have the right to appoint a successor Agent, reasonably acceptable to the Borrowers, which successor shall be a Lender and shall have minimum combined capital and surplus in excess of $500,000,0001,000,000,000. If no successor Agent shall have been so appointed by the Required Lenders and shall have accepted such appointment within thirty (30) days after the Agent’s giving of notice of resignation, then the Agent may, on behalf of the Lenders, appoint a successor Agent, reasonably acceptable to the Borrowers, which successor shall have minimum combined capital and surplus in excess of $500,000,0001,000,000,000. Upon the acceptance of any appointment as Agent hereunder by a successor Agent, such successor Agent shall thereupon succeed to and become vested with all rights, powers, privileges and duties of the retiring Agent, and the retiring Agent shall be discharged from its all future duties and obligations hereunder. After any retiring Agent’s resignation hereunder as Agent, the provisions of this Section 12.9 10.9 shall continue in effect for its benefit in respect of any actions taken or omitted to be taken by it while it was acting as Agent.

Appears in 1 contract

Samples: Second Modified and Restated Loan Agreement (Stanley-Martin Communities, LLC)

Resignation of the Agent; Successor Agent. Subject to the appointment and acceptance of a successor as provided below, the Agent may resign at any time by giving notice thereof to the Lenders and the Borrowers. Upon any such resignation, any Lender which is an original signatory to this credit Agreement as of the Closing Date shall have the right to become the successor Agent provided that it elects to do so in writing within ten (10) days after such resignation; and in the absence of such election, the Required Lenders shall have the right to appoint a successor Agent, reasonably acceptable to the Borrowers, which successor shall other be and existing Lender or have minimum capital and surplus of at least $500,000,000200,000,000. If no successor Agent shall have been so appointed by the Required Lenders and shall have accepted such appointment within thirty (30) days after the Agent’s 's giving of notice of resignation, then the Agent may, on behalf of the Lenders, appoint a successor Agent, reasonably acceptable to the Borrowers, which successor shall have minimum capital and surplus of at least $500,000,000200,000,000. Upon the acceptance of any appointment as Agent hereunder by a successor Agent, such successor Agent shall thereupon succeed to and become vested with all rights, 12.9 powers, privileges and duties of the retiring Agent, and the retiring Agent shall be discharged from its duties and obligations hereunder. After any retiring Agent’s 's resignation hereunder as Agent, the provisions of this Section 12.9 shall continue in effect for its benefit in respect of any actions taken or omitted to be taken by it while it was acting as Agent.

Appears in 1 contract

Samples: Credit Agreement (Imagemax Inc)

Resignation of the Agent; Successor Agent. Subject to the appointment and acceptance of a successor as provided below, the The Agent may resign at any time by giving as the Agent upon ten (10) days' notice thereof to the Lenders and the BorrowersCompany. Upon any such resignationthe resignation of the Agent, the Required Lenders shall have appoint from among the right to appoint Lenders a successor Agent for the Lenders, whereupon such successor agent shall succeed to the rights, powers and duties of the Agent, reasonably acceptable and the term "Agent" shall include such successor Agent effective upon its appointment, and the resigning Agent's rights, powers and duties as the Agent shall be terminated, without any other or further act or deed on the part of such former Agent or any of the parties to the Borrowers, which successor shall have minimum capital and surplus of $500,000,000this Agreement. If no successor Agent shall have been so appointed by the Required Lenders and shall have accepted such appointment within thirty (30) days after the Agent’s giving of retiring Agent gives notice of its resignation, then the retiring Agent may, on behalf of the Lenders, appoint a successor Agent, reasonably acceptable Agent or delegate its duties to the BorrowersLenders, which successor shall have minimum capital and surplus of $500,000,000. Upon the acceptance of any appointment as Agent hereunder by a successor Agent, whereupon such successor Agent agent or the Lenders, as the case may be, shall thereupon succeed to and become vested with all the rights, powers, privileges powers and duties of the retiring Agent, and the retiring term "Agent" shall include such successor Agent shall be discharged from or the Lenders, as the case may be, effective upon its duties and obligations hereunder. After any retiring Agent’s resignation hereunder as Agentor their appointment, the provisions of this Section 12.9 shall continue in effect for its benefit in respect of any actions taken or omitted to be taken by it while it was acting as Agent.and

Appears in 1 contract

Samples: Loan Agreement (Formus Communications Inc)

Resignation of the Agent; Successor Agent. Subject to the appointment and acceptance of a successor as provided below, the Agent may resign at any time by giving ninety (90) days prior written notice thereof to the Lenders and the BorrowersBorrower. Upon any such resignation, the Required Lenders shall have the right to appoint a successor Agent, Agent reasonably acceptable satisfactory to the BorrowersBorrower (after prior consultation with the Borrower), which successor shall have minimum capital and surplus of at least $500,000,0001,000,000,000. If no successor Agent shall have been so appointed by the Required Lenders and shall have accepted such appointment within thirty ninety (3090) days after the Agent’s 's giving of notice of resignation, then the Agent may, on behalf of the Lenders, appoint a successor Agent, Agent reasonably acceptable satisfactory to the BorrowersBorrower (after prior consultation with the Borrower), which successor shall have minimum capital and surplus of at least $500,000,0001,000,000,000. Upon the acceptance of any appointment as Agent hereunder by a successor Agent, such successor Agent shall thereupon succeed to and become vested with all rights, powers, privileges and duties of the retiring Agent, and the retiring Agent shall be discharged from its duties and obligations hereunder. After any retiring Agent’s 's resignation hereunder as Agent, the provisions of this Section 12.9 shall continue in effect for its benefit in respect of any actions taken or omitted to be taken by it while it was acting as Agent.

Appears in 1 contract

Samples: Credit Agreement (United Companies Financial Corp)

Resignation of the Agent; Successor Agent. Subject to the appointment and acceptance of a successor as provided below, the Agent may resign at any time by giving notice thereof to the Lenders and the Borrowers. Upon any such resignation, the Required Lenders shall have the right to appoint a successor Agent, reasonably acceptable to the Borrowers, which successor shall have minimum capital and surplus of at least $500,000,000. If no successor Agent shall have been so appointed by the Required Lenders and shall have accepted such appointment within thirty (30) days after the Agent’s 's giving of notice of resignation, then the Agent may, on behalf of the Lenders, appoint a successor Agent, reasonably acceptable to the Borrowers, which successor shall have minimum capital and surplus of at least $500,000,000. Upon the acceptance of any appointment as Agent hereunder by a successor Agent, such successor Agent shall thereupon succeed to and become vested with all rights, powers, privileges and duties of the retiring Agent, and the retiring Agent shall be discharged from its duties and obligations hereunder. After any retiring Agent’s 's resignation hereunder as Agent, the provisions of this Section 12.9 shall continue in effect for its benefit in respect of any actions taken or omitted to be taken by it while it was acting as Agent. The Agent may be removed, replaced or succeeded, without its consent, by the Required Lenders (without taking into account the Agent, if the Agent is also a Lender) for its gross negligence or willful misconduct.

Appears in 1 contract

Samples: Credit Agreement (Med Waste Inc)

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Resignation of the Agent; Successor Agent. Subject to the appointment and acceptance of a successor as provided below, the Agent may resign at any time by giving notice thereof to the Lenders and the BorrowersBorrower. Upon any such resignation, the Required Lenders shall have the right to appoint a successor Agent, reasonably acceptable to the Borrowers, which successor shall have minimum capital and surplus of at least $500,000,000. If no successor Agent shall have been so appointed by the Required Lenders and shall have accepted such appointment within thirty (30) days after the Agent’s 's giving of notice of resignation, then the Agent may, on behalf of the Lenders, appoint a successor Agent, reasonably acceptable to the Borrowers, which successor shall have minimum capital and surplus of at least $500,000,000. Upon the acceptance of any appointment as Agent hereunder by a successor Agent, such successor Agent shall thereupon succeed to and become vested with all rights, powers, privileges and duties of the retiring Agent, and the retiring Agent shall be discharged from its duties and obligations hereunder. After any retiring Agent’s 's resignation hereunder as Agent, the provisions of this Section 12.9 12 shall continue in effect for its benefit in respect of any actions taken or omitted to be taken by it while it was acting as Agent.

Appears in 1 contract

Samples: Credit Agreement (Roanoke Electric Steel Corp)

Resignation of the Agent; Successor Agent. Subject to the appointment and acceptance of a successor as provided below, the Agent may resign at any time by giving notice thereof to the Term Lenders and the BorrowersBorrower. Upon any such resignation, the Required Term Lenders shall have the right to appoint a successor Agent, reasonably acceptable to the Borrowers, which successor shall have minimum capital and surplus of at least $500,000,000. If no successor Agent shall have been so appointed by the Required Term Lenders and shall have accepted such appointment within thirty (30) days after the Agent’s 's giving of notice of resignation, then the Agent may, on behalf of the Term Lenders, appoint a successor Agent, reasonably acceptable to the Borrowers, which successor shall have minimum capital and surplus of at least $500,000,000. Upon the acceptance of any appointment as Agent hereunder by a successor Agent, such successor Agent shall thereupon succeed to and become vested with all rights, powers, privileges and duties of the retiring Agent, and the retiring Agent shall be discharged from its duties and obligations hereunder. After any retiring Agent’s 's resignation hereunder as Agent, the provisions of this Section 12.9 shall continue in effect for its benefit in respect of any actions taken or omitted to be taken by it while it was acting as Agent.

Appears in 1 contract

Samples: Term Loan Agreement (WLR Foods Inc)

Resignation of the Agent; Successor Agent. Subject to the appointment and acceptance of a successor as provided below, the Agent may resign at any time by giving notice thereof to the Lenders and the BorrowersCredit Parties. Upon any such resignation, the Required Lenders shall have the right to appoint a successor Agent, reasonably acceptable to the Borrowers, which successor shall have minimum capital and surplus of at least $500,000,000. If no successor Agent shall have been so appointed by the Required Lenders and shall have accepted such appointment within thirty (30) days after the Agent’s 's giving of notice of resignation, then the Agent may, on behalf of the Lenders, appoint a successor Agent, reasonably acceptable to the Borrowers, which successor shall have minimum capital and surplus of at least $500,000,000. Upon the acceptance of any appointment as Agent hereunder by a successor Agent, such successor Agent shall thereupon succeed to and become vested with all rights, powers, privileges and duties of the retiring Agent, and the retiring Agent shall be discharged from its duties and obligations hereunder. After any retiring Agent’s 's resignation hereunder as Agent, the provisions of this Section 12.9 shall continue in effect for its benefit in respect of any actions taken or omitted to be taken by it while it was acting as Agent.

Appears in 1 contract

Samples: Loan Agreement (Sirrom Investments Inc)

Resignation of the Agent; Successor Agent. Subject to the appointment and acceptance of a successor as provided below, the Agent may resign at any time by giving notice thereof to the Lenders and the BorrowersBorrower. Upon any such resignation, the Required Lenders shall have the right to appoint a successor Agent, reasonably acceptable to the Borrowers, which successor shall have minimum capital and surplus of at least $500,000,000. If no successor Agent shall have been so appointed by the Required Lenders and shall have accepted such appointment within thirty (30) days after the Agent’s 's giving of notice of resignation, then the Agent may, on behalf of the Lenders, appoint a successor Agent, reasonably acceptable to the Borrowers, which successor shall have minimum capital and surplus of at least $500,000,000. Upon the acceptance of any appointment as Agent hereunder by a successor Agent, such successor Agent shall thereupon succeed to and become vested with all rights, powers, privileges and duties of the retiring Agent, and the retiring Agent shall be discharged from its duties and obligations hereunder. After any retiring Agent’s 's resignation hereunder as Agent, the provisions of this Section 12.9 shall continue in effect for its benefit in respect of any actions taken or omitted to be taken by it while it was acting as Agent.

Appears in 1 contract

Samples: Credit Agreement (WLR Foods Inc)

Resignation of the Agent; Successor Agent. Subject to the appointment and acceptance of a successor as provided below, the Agent may resign at any time by giving notice thereof to the Lenders and the BorrowersBorrower. Upon any such resignation, the Required Lenders shall have the right to appoint a successor Agent, reasonably acceptable to the Borrowers, which successor shall have minimum capital and surplus of at least $500,000,000. If no successor Agent shall have been so appointed by the Required Lenders and shall have accepted such appointment within thirty (30) days after the Agent’s giving of notice of resignation, then the Agent may, on behalf of the Lenders, appoint a successor Agent, reasonably acceptable to the Borrowers, which successor shall have minimum capital and surplus of at least $500,000,000. Upon the acceptance of any appointment as Agent hereunder by a successor Agent, such successor Agent shall thereupon succeed to and become vested with all rights, powers, privileges and duties of the retiring Agent, and the retiring Agent shall be discharged from its duties and obligations hereunder. After any retiring Agent’s resignation hereunder as Agent, the provisions of this Section 12.9 12 shall continue in effect for its benefit in respect of any actions taken or omitted to be taken by it while it was acting as Agent.

Appears in 1 contract

Samples: Credit Agreement (Roanoke Electric Steel Corp)

Resignation of the Agent; Successor Agent. Subject to the appointment and acceptance of a successor as provided below, the Agent AGENT may resign at any time by giving notice thereof to the Lenders LENDERS and the BorrowersBORROWERS. Upon any such resignation, the Required Lenders REQUIRED LENDERS shall have the right to appoint a successor Agent, reasonably acceptable to the Borrowersagent, which successor shall have minimum capital and surplus of at least Five Hundred Million Dollars ($500,000,000500,000,000.00). If no successor Agent agent shall have been so appointed by the Required Lenders and shall have accepted such appointment within thirty (30) days after the Agent’s AGENT’S giving of notice of resignation, then the Agent AGENT may, on behalf of the LendersLENDERS, appoint a successor Agent, reasonably acceptable to the Borrowersagent, which successor shall have minimum capital and surplus of at least Five Hundred Million Dollars ($500,000,000500,000,000.00). Upon the acceptance of any appointment as Agent agent hereunder by a successor Agentagent, such successor Agent agent shall thereupon succeed to and become vested with all rights, powers, privileges and duties of the retiring Agentagent, and the retiring Agent agent shall be discharged from its duties and obligations hereunder. After any the retiring Agentagent’s resignation hereunder as Agentagent, the provisions of this Section 12.9 Article 10 shall continue in effect for its such retiring agent’s benefit in respect of any actions taken or omitted to be taken by it the retiring agent while it the retiring agent was acting as AgentAGENT.

Appears in 1 contract

Samples: Credit Agreement (Dover Motorsports Inc)

Resignation of the Agent; Successor Agent. Subject to the appointment and acceptance of a successor as provided below, the Agent may resign at any time by giving notice thereof to the Lenders and the BorrowersObligors. Upon any such resignation, the Required Lenders shall have the right to appoint a successor Agent, reasonably acceptable to the Borrowers, which successor shall be a Lender and shall have minimum combined capital and surplus in excess of $500,000,0001,000,000,000. If no successor Agent shall have been so appointed by the Required Lenders and shall have accepted such appointment within thirty (30) days after the Agent’s 's giving of notice of resignation, then the Agent may, on behalf of the Lenders, appoint a successor Agent, reasonably acceptable to the Borrowers, which successor shall have minimum combined capital and surplus in excess of $500,000,0001,000,000,000. Upon the acceptance of any appointment as Agent hereunder by a successor Agent, such successor Agent shall thereupon succeed to and become vested with all rights, powers, privileges and duties of the retiring Agent, and the retiring Agent shall be discharged from its all future duties and obligations hereunder. After any retiring Agent’s 's resignation hereunder as Agent, the provisions of this Section 12.9 10.9 shall continue in effect for its benefit in respect of any actions taken or omitted to be taken by it while it was acting as Agent.

Appears in 1 contract

Samples: Loan Agreement (Stanley-Martin Communities, LLC)

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