Successor Collateral Agent. The Collateral Agent may resign as Collateral Agent upon 30 days' notice to the Company (and the Company shall promptly notify the Holders). If the Collateral Agent shall resign as Collateral Agent under the Transaction Documents, then the Required Holders shall appoint a successor agent for the Holders whereupon such successor agent shall succeed to the rights, powers and duties of the Collateral Agent and the term "Collateral Agent" shall mean such successor agent 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 or any Holders of the Notes. After any retiring Collateral Agent's resignation hereunder as Collateral Agent, the provisions of this Section 10 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.
Appears in 2 contracts
Sources: Convertible Note Purchase Agreement (Bio Plexus Inc), Convertible Note Purchase Agreement (Appaloosa Management Lp)
Successor Collateral Agent. The Collateral Agent may resign as Collateral Agent upon 30 days' notice to the Company (and the Company shall promptly notify the HoldersHolders thereof). If the Collateral Agent shall resign as Collateral Agent under the Transaction Documents, then the Required Holders shall appoint a successor agent for the Holders whereupon such successor agent shall succeed to the rights, powers and duties of the Collateral Agent and the term "Collateral Agent" shall mean such successor agent 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 or any Holders of the Notes. After any retiring Collateral Agent's resignation hereunder as Collateral Agent, the provisions of this Section 10 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.
Appears in 2 contracts
Sources: Convertible Note Purchase Agreement (Appaloosa Management Lp), Convertible Note Purchase Agreement (Bio Plexus Inc)
Successor Collateral Agent. The Collateral Agent may resign as Collateral Agent upon 30 10 days' notice to the Company (and the Company shall promptly notify the Holders)Purchasers. If the Collateral Agent shall resign as Collateral Agent under the Transaction Collateral Security Documents, then the Required Holders Purchasers shall appoint from among the Purchasers a successor agent Collateral Agent for the Holders whereupon such Purchasers, which successor agent Collateral Agent shall succeed to the rights, powers and duties of the Collateral Agent and as described hereunder. Effective upon such appointment, the term "Collateral Agent" shall mean such successor agent effective upon its appointment, and the Collateral Agent. The former Collateral Agent's rights, powers and duties as Collateral Agent shall be terminatedterminated upon its resignation as such, without any other or further act or deed on the part of such former Collateral Agent or to any of the parties to this Agreement or any Holders Collateral Security Document, any Purchasers or any holders of the NotesDebentures. After any retiring Collateral Agent's resignation hereunder as Collateral Agent, the provisions of this Section 10 4.29 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 Collateral Security Documents.
Appears in 1 contract
Sources: Securities Purchase Agreement (Carrington Laboratories Inc /Tx/)
Successor Collateral Agent. The Collateral Agent may resign as Collateral Agent upon 30 10 days' written notice to the Company (and the Company shall promptly notify the Holders)Lenders. If the Collateral Agent shall resign as Collateral Agent under this Agreement and the Transaction other Loan Documents, then the Required Holders Lenders shall appoint from among the Lenders a successor agent for the Holders Lenders, which successor agent shall be approved by the Borrower, whereupon such successor agent shall succeed to the rights, powers and duties of the Collateral Agent Agent, and the term "Collateral Agent" shall mean such successor agent effective upon its appointmentsuch appointment and approval, 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 or any Holders of the NotesAgreement. After any retiring Collateral Agent's resignation hereunder as Collateral Agent, the provisions of this Section 10 shall inure to its benefit as to any actions taken or omitted to be taken by it while it was Collateral Agent under this Agreement and the Transaction other Loan Documents.
Appears in 1 contract