Common use of Successor Collateral Agent Clause in Contracts

Successor Collateral Agent. The Collateral Agent may resign as collateral agent hereunder by giving not less than 30 days’ prior written notice to the Trustee and the Holders of the Notes. If the Collateral Agent shall resign as collateral agent under this Agreement, then either (a) a successor collateral agent shall be appointed pursuant to the Indenture, or (b) if a successor collateral agent shall not have been so appointed and approved within the 30 day period following the Collateral Agent’s notice to the Trustee and the Holders of the Notes of its resignation, then the Collateral Agent may petition, at the expense of the Company, any court of competent jurisdiction for the appointment of a successor collateral agent that shall serve as collateral agent until such time as a successor collateral agent is appointed pursuant to the Indenture. Upon its appointment, such successor collateral agent shall succeed to the rights, powers and duties as collateral agent, and the term “Collateral Agent” under this Agreement and “Collateral Agent” under this Agreement and any other Collateral Document shall mean such successor, effective upon its appointment, and the former collateral agent’s rights, powers and duties as collateral agent shall be terminated without any other or further act or deed on the part of such former collateral agent or any of the parties to this Agreement.

Successor Collateral Agent. The Subject to the appointment and acceptance of a successor Collateral Agent as provided in this paragraph, the Collateral Agent may resign as collateral agent hereunder at any time by giving not less than 30 days’ prior written notice to notifying the Trustee Investors and the Company. Upon any such resignation, the Required Holders of shall have the Notesright to appoint a successor. If the Collateral Agent no successor shall resign as collateral agent under this Agreement, then either (a) a successor collateral agent shall be appointed pursuant to the Indenture, or (b) if a successor collateral agent shall not have been so appointed by the Required Holders and approved shall have accepted such appointment within 30 days after the 30 day period following the retiring Collateral Agent’s Agent gives notice to the Trustee and the Holders of the Notes of its resignation, then the retiring Collateral Agent may petitionmay, at the expense on behalf of the CompanyInvestors, any court of competent jurisdiction for the appointment of appoint a successor collateral agent that Collateral Agent which shall serve as collateral agent until be a commercial bank or an Affiliate of any such time as a successor collateral agent is appointed pursuant to the Indenturecommercial bank. Upon the acceptance of its appointmentappointment as Collateral Agent hereunder by a successor, such successor collateral agent shall succeed to and become vested with all the rights, powers powers, privileges and duties as collateral agentof the retiring Collateral Agent, and the term “retiring Collateral Agent shall be discharged from its duties and obligations hereunder. After the Collateral Agent” under ’s resignation hereunder, the provisions of this Agreement and “Article VIII shall continue in effect for the benefit of such retiring Collateral Agent” under this Agreement , its sub-agents and their respective Affiliates in respect of any other Collateral Document shall mean such successor, effective upon its appointment, and the former collateral agent’s rights, powers and duties as collateral agent shall actions taken or omitted to be terminated without any other or further act or deed on the part of such former collateral agent or taken by any of the parties to this Agreementthem while it was acting as Collateral Agent.

Successor Collateral Agent. The Collateral Agent may resign as collateral agent hereunder by giving not less than 30 upon 20 days’ prior written notice to the Trustee Lenders and the Holders Company. If Required Lenders deem it advisable, they may terminate the Collateral Agent’s authority to act on behalf of the NotesLenders pursuant to this Article III upon 20 days’ prior written notice to the other Lenders and the Company. If the Collateral Agent shall resign as collateral agent under resigns, or if its authority to act on behalf of the Lenders is terminated, pursuant to this AgreementSection 3.7, then either (a) Required Lenders shall appoint, from among the Lenders, a successor collateral agent, which successor collateral agent shall be appointed pursuant to approved by the Indenture, or Company (b) if a successor collateral agent which approval shall not have been so appointed and approved within the 30 day period following the Collateral Agent’s notice to the Trustee and the Holders of the Notes of its resignationbe withheld unreasonably), then the Collateral Agent may petition, at the expense of the Company, any court of competent jurisdiction for the appointment of a successor collateral agent that shall serve as collateral agent until such time as a successor collateral agent is appointed pursuant to the Indenture. Upon its appointment, whereupon such successor collateral agent shall succeed to the rights, powers and duties as collateral agentof the Collateral Agent, and the term “Collateral Agent” under this Agreement and “Collateral Agent” under this Agreement and any other Collateral Document shall mean such successor, successor collateral agent effective upon its appointmentsuch appointment and approval, and whereupon the former collateral agentCollateral Agent’s rights, powers and duties as collateral agent shall be terminated terminated, without any other or further act or deed on the part of such former collateral agent or any of the parties former Collateral Agent, the Lenders or the Company. After its resignation or termination as collateral agent, the provisions of this Article III shall inure to the benefit of any former Collateral Agent with respect to any and all of its actions or omissions while it acted as collateral agent under this Agreement and the Share Pledge Agreement.

Successor Collateral Agent. The Collateral Agent may resign as collateral agent hereunder by giving not less than 30 Collateral Agent under the Loan Documents upon thirty (30) days’ prior written notice to the Trustee and the Holders of the NotesLenders. If the Collateral Agent shall resign as collateral agent under this Agreement, then either (a) a successor collateral agent shall be appointed pursuant to the Indenture, or (b) if a successor collateral agent shall not have been so appointed and approved within the 30 day period following the Collateral Agent’s notice to the Trustee and the Holders of the Notes of its resignationresign, then the Collateral Agent may petitionRequired Lenders shall (with, at so long as there shall not exist and be continuing an Event of Default, the expense consent of the CompanyBorrower, any court of competent jurisdiction for such consent not to be unreasonably withheld or delayed) appoint a successor agent or, if such Required ▇▇▇▇▇▇▇ are unable to agree on the appointment of a successor collateral agent that agent, the Collateral Agent shall serve as collateral agent until such time as appoint a successor collateral agent is appointed pursuant to for the Indenture. Upon its appointment, Lenders whereupon such successor collateral agent shall succeed to the rights, powers and duties as collateral agentof the Collateral Agent, and the term “Collateral Agent” under this Agreement and “Collateral Agent” under this Agreement and any other Collateral Document shall mean such successor, successor agent effective upon its appointment, and the former collateral agentCollateral Agent’s rights, powers and duties as collateral agent Collateral Agent shall be terminated terminated, without any other or further act or deed on the part of such former collateral agent Collateral Agent or any of the parties to this AgreementAgreement or any of the Loan Documents or successors thereto. After any retiring Collateral Agent’s resignation hereunder as Collateral Agent, the provisions of the Loan Documents shall inure to its benefit as to any actions taken or omitted to be taken by it while it was Collateral Agent under the Loan Documents.

Successor Collateral Agent. The Collateral Agent may resign as collateral agent hereunder at any time by giving not less than 30 thirty (30) days’ prior written notice thereof to Lenders and Borrower; provided, however, that the Trustee and the Holders of the Notes. If the retiring Collateral Agent shall resign continue to serve until a successor Collateral Agent shall have been selected and approved pursuant to this Section 13.9. Upon any such notice, Collateral Agent shall have the right to appoint, subject to the consent of Lenders, a successor Collateral Agent. Without limitation of the foregoing, if Collateral Agent become insolvent or commits any act or omission constituting gross negligence or willful misconduct of its duties as collateral agent under this AgreementCollateral Agent hereunder, then either (a) a successor collateral agent the Lenders shall be appointed pursuant have the right to the Indenture, or (b) if a successor collateral agent shall not have been so appointed and approved within the 30 day period following replace the Collateral Agent’s notice to . Upon the Trustee and the Holders of the Notes acceptance of its resignation, then the appointment as successor Collateral Agent may petitionhereunder, at the expense of the Company, any court of competent jurisdiction for the appointment of a successor collateral agent that shall serve Person acting as collateral agent until such time as a successor collateral agent is appointed pursuant to the Indenture. Upon its appointment, such successor collateral agent Collateral Agent shall succeed to all the rights, powers and duties as collateral agent, of the retiring Collateral Agent and the respective term “Collateral Agent” under this Agreement means such successor Collateral Agent and “the retiring Collateral Agent” under this Agreement and any other Collateral Document shall mean such successor, effective upon its ’s appointment, and the former collateral agent’s rights, powers and duties as collateral agent in such capacities shall be terminated without any other or further act or deed on its behalf. After any retiring Collateral Agent’s resignation hereunder as Collateral Agent, the part provisions of such former collateral agent this Article 13 and Sections 2.3(d) and 12.2 shall inure to its benefit as to any actions taken or any of the parties omitted to be taken by it while it was Collateral Agent under this Agreement.

Successor Collateral Agent. The Collateral Agent may resign as collateral agent hereunder at any time by giving not less than 30 thirty (30) days’ prior written notice thereof to Lenders and Borrower; provided, however, that the Trustee and the Holders of the Notes. If the retiring Collateral Agent shall resign continue to serve until a successor Collateral Agent shall have been selected and approved pursuant to this Section 13.19. Upon any such notice, Collateral Agent shall have the right to appoint, subject to the consent of Lenders, a successor Collateral Agent. Without limitation of the foregoing, if Collateral Agent becomes insolvent or commits any act or omission constituting gross negligence or willful misconduct of its duties as collateral agent under this AgreementCollateral Agent hereunder, then either (a) a successor collateral agent the Lenders shall be appointed pursuant have the right to the Indenture, or (b) if a successor collateral agent shall not have been so appointed and approved within the 30 day period following replace the Collateral Agent’s notice to . Upon the Trustee and the Holders of the Notes acceptance of its resignation, then the appointment as successor Collateral Agent may petitionhereunder, at the expense of the Company, any court of competent jurisdiction for the appointment of a successor collateral agent that shall serve Person acting as collateral agent until such time as a successor collateral agent is appointed pursuant to the Indenture. Upon its appointment, such successor collateral agent Collateral Agent shall succeed to all the rights, powers and duties as collateral agent, of the retiring Collateral Agent and the respective term “Collateral Agent” under this Agreement means such successor Collateral Agent and “the retiring Collateral Agent” under this Agreement and any other Collateral Document shall mean such successor, effective upon its ’s appointment, and the former collateral agent’s rights, powers and duties as collateral agent in such capacities shall be terminated without any other or further act or deed on its behalf. After any retiring Collateral Agent’s resignation hereunder as Collateral Agent, the part provisions of such former collateral agent this Article 13 and Section 12.2 shall inure to its benefit as to any actions taken or any of the parties omitted to be taken by it while it was Collateral Agent under this Agreement.

Successor Collateral Agent. The Collateral Agent may resign as collateral agent hereunder by giving not less than Collateral Agent upon 30 days’ prior written ' notice to the Trustee Company (and the Holders of Company shall promptly notify the NotesHolders). If the Collateral Agent shall resign as collateral agent Collateral Agent under this Agreementthe Transaction Documents, then either (a) the Required Holders shall appoint a successor collateral agent for the Holders which successor agent shall be appointed pursuant to approved by the Indenture, or Company (b) if a successor collateral agent which approval shall not have been so appointed and approved within the 30 day period following the Collateral Agent’s notice to the Trustee and the Holders of the Notes of its resignation, then the Collateral Agent may petition, at the expense of the Company, any court of competent jurisdiction for the appointment of a successor collateral agent that shall serve as collateral agent until such time as a successor collateral agent is appointed pursuant to the Indenture. Upon its appointment, be unreasonably withheld) whereupon such successor collateral agent shall succeed to the rights, powers and duties as collateral agent, of the Collateral Agent and the term “"Collateral Agent” under this Agreement and “Collateral Agent” under this Agreement and any other Collateral Document " shall mean such successor, successor agent effective upon its appointment, and the former collateral agent’s Collateral Agent's rights, powers and duties as collateral agent Collateral Agent shall be terminated terminated, without any other or further act or deed on the part of such former collateral agent Collateral Agent or any of the parties to this AgreementAgreement or any Holders of the Notes. After any retiring Collateral Agent's resignation hereunder as Collateral Agent, the provisions of this Article 9 shall inure to its benefit as to any actions taken or omitted to be taken by it while it was Collateral Agent under the Transaction Documents.

Successor Collateral Agent. The Collateral Agent may resign as collateral agent hereunder by giving not less than 30 Collateral Agent under the Loan Documents upon thirty (30) days’ prior written notice to the Trustee and the Holders of the NotesLenders. If the Collateral Agent shall resign as collateral agent under this Agreement, then either (a) a successor collateral agent shall be appointed pursuant to the Indenture, or (b) if a successor collateral agent shall not have been so appointed and approved within the 30 day period following the Collateral Agent’s notice to the Trustee and the Holders of the Notes of its resignationresign, then the Collateral Agent may petitionRequired Lenders shall (with, at so long as there shall not exist and be continuing an Event of Default, the expense consent of the CompanyBorrower, any court of competent jurisdiction for such consent not to be unreasonably withheld or delayed) appoint a successor agent or, if such Required Lenders are unable to agree on the appointment of a successor collateral agent that agent, the Collateral Agent shall serve as collateral agent until such time as appoint a successor collateral agent is appointed pursuant to for the Indenture. Upon its appointment, Lenders whereupon such successor collateral agent shall succeed to the rights, powers and duties as collateral agentof the Collateral Agent, and the term “Collateral Agent” under this Agreement and “Collateral Agent” under this Agreement and any other Collateral Document shall mean such successor, successor agent effective upon its appointment, and the former collateral agentCollateral Agent’s rights, powers and duties as collateral agent Collateral Agent shall be terminated terminated, without any other or further act or deed on the part of such former collateral agent Collateral Agent or any of the parties to this AgreementAgreement or any of the Loan Documents or successors thereto. After any retiring Collateral Agent’s resignation hereunder as Collateral Agent, the provisions of the Loan Documents shall inure to its benefit as to any actions taken or omitted to be taken by it while it was Collateral Agent under the Loan Documents.

Successor Collateral Agent. The Subject to the appointment and acceptance of a successor Collateral Agent as provided in this paragraph, the Collateral Agent may resign as collateral agent hereunder at any time by giving not less than 30 days’ prior written notice to notifying the Trustee Investors and the Company. Upon any such resignation, the Required Holders of (as defined in the Notes) shall have the right to appoint a successor. If the Collateral Agent no successor shall resign as collateral agent under this Agreement, then either (a) a successor collateral agent shall be appointed pursuant to the Indenture, or (b) if a successor collateral agent shall not have been so appointed by the Required Holders (as defined in the Notes) and approved shall have accepted such appointment within 30 days after the 30 day period following the retiring Collateral Agent’s Agent gives notice to the Trustee and the Holders of the Notes of its resignation, then the retiring Collateral Agent may petitionmay, at the expense on behalf of the CompanyInvestors, any court of competent jurisdiction for the appointment of appoint a successor collateral agent that Collateral Agent which shall serve as collateral agent until be a commercial bank or an Affiliate of any such time as a successor collateral agent is appointed pursuant to the Indenturecommercial bank. Upon the acceptance of its appointmentappointment as Collateral Agent hereunder by a successor, such successor collateral agent shall succeed to and become vested with all the rights, powers powers, privileges and duties as collateral agentof the retiring Collateral Agent, and the term “retiring Collateral Agent shall be discharged from its duties and obligations hereunder. After the Collateral Agent” under ’s resignation hereunder, the provisions of this Agreement and “Article VII shall continue in effect for the benefit of such retiring Collateral Agent” under this Agreement , its sub agents and their respective Affiliates in respect of any other Collateral Document shall mean such successor, effective upon its appointment, and the former collateral agent’s rights, powers and duties as collateral agent shall actions taken or omitted to be terminated without any other or further act or deed on the part of such former collateral agent or taken by any of the parties to this Agreementthem while it was acting as Collateral Agent.

Successor Collateral Agent. The Collateral Agent may resign as collateral agent hereunder by giving not less than 30 days’ prior written notice to the Trustee and the Holders of the Notes. If the Collateral Agent shall resign as collateral agent under this Agreement, then either (a) a successor collateral agent shall be appointed pursuant to the Indenture, or (b) if a successor collateral agent shall not have been so appointed and approved within the 30 day period following the Collateral Agent’s notice to the Trustee and the Holders of the Notes of its resignation, then the Collateral Agent may petition, at the expense of the Company, any court of competent jurisdiction for the appointment of a successor collateral agent that shall serve as collateral agent until such time as a successor collateral agent is appointed pursuant to the Indenture. Upon its appointment, such successor collateral agent shall succeed to the rights, powers and duties as collateral agent, and the term “Collateral Agent” under this Agreement and “Collateral Agent” under this Agreement and any other Collateral Document shall mean such successor, effective upon its appointment, and the former collateral agent’s rights, powers and duties as collateral agent shall be terminated without any other or further act or deed on the part of such former collateral agent or any of the parties to this Agreement. .

Successor Collateral Agent. The Collateral Agent may resign as collateral agent hereunder at any time by giving not less than 30 days’ prior written notice thereof to the Trustee Noteholders and the Holders of the Notes. If Borrower, and the Collateral Agent may be removed at any time, with or without cause, by written notice received by the Collateral Agent from the Requisite Noteholders. Upon any resignation or removal, the Requisite Noteholders shall resign as collateral agent under this Agreementhave the right to appoint, then either (a) on behalf of the Noteholders, a successor collateral agent Collateral Agent. If no successor Collateral Agent shall be appointed pursuant to the Indenture, or (b) if a successor collateral agent shall not have been so appointed by the Requisite Noteholders and approved shall have accepted the appointment within 30 days after the 30 day period following departure of the Collateral Agent’s notice to the Trustee and the Holders of the Notes of its resignation, then the departing Collateral Agent may petitionappoint, at the expense on behalf of the CompanyNoteholders, any court of competent jurisdiction for the appointment of a successor collateral agent that shall serve Collateral Agent. Upon the acceptance of any appointment as collateral agent until such time as the Collateral Agent hereunder by a successor collateral agent is appointed pursuant to Collateral Agent, the Indenture. Upon its appointment, such successor collateral agent Collateral Agent shall thereupon succeed to and become vested with all the rights, powers powers, privileges and duties as collateral agentof the departing Collateral Agent, and the term “departing Collateral Agent shall be discharged from its duties and obligations hereunder and under the Collateral Documents. After any departing Collateral Agent” under 's resignation or removal hereunder as Collateral Agent, the provisions of this Agreement 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 the Collateral Agent hereunder and “under the Collateral Agent” under this Agreement and any other Collateral Document shall mean such successor, effective upon its appointment, and the former collateral agent’s rights, powers and duties as collateral agent shall be terminated without any other or further act or deed on the part of such former collateral agent or any of the parties to this AgreementDocuments.