Common use of Successor Swing Line Lender Clause in Contracts

Successor Swing Line Lender. Any resignation or removal of Administrative Agent pursuant to subsection 9.3A shall also constitute the resignation or removal of First Chicago or its successor as Swing Line Lender, and any successor Administrative Agent appointed pursuant to subsection 9.3A shall, upon its acceptance of such appointment, become the successor Swing Line Lender for all purposes hereunder. In such event (i) the resigning or removed Swing Line Lender shall assign all of its rights and obligations with respect to the Swing Line Loans to the successor Swing Line Lender pursuant to an Assignment Agreement and such successor Swing Line Lender shall be entitled thereafter to all of the rights and immunities of the resigning or removed Swing Line Lender pursuant to subsection 2.1, (ii) the retiring or removed Administrative Agent and Swing Line Lender shall surrender the Swing Line Note held by it to Company for cancellation, and (iii) Company shall issue a new Swing Line Note to the successor Administrative Agent and Swing Line Lender substantially in the form of EXHIBIT VII annexed hereto, in the principal amount of the Swing Line Loan Commitment then in effect and with other appropriate insertions.

Successor Swing Line Lender. Any resignation or removal of Administrative Agent pursuant to subsection 9.3A 9.5A shall also constitute the resignation or removal of First Chicago Fleet or its successor as Swing Line Lender, and any successor Administrative Agent appointed pursuant to subsection 9.3A 9.5A shall, upon its acceptance of such appointment, become the successor Swing Line Lender for all purposes hereunder. In such event (i) the resigning or removed Swing Line Lender Borrower shall assign all of its rights and obligations with respect to the prepay any outstanding Swing Line Loans to made by the successor retiring or removed Administrative Agent in its capacity as Swing Line Lender pursuant to an Assignment Agreement and such successor Swing Line Lender shall be entitled thereafter to all of the rights and immunities of the resigning or removed Swing Line Lender pursuant to subsection 2.1Lender, (ii) upon such prepayment, the retiring or removed Administrative Agent and Swing Line Lender shall surrender the any Swing Line Note held by it to Company Borrower for cancellation, and (iii) Company if so requested by the successor Administrative Agent and Swing Line Lender in accordance with subsection 2.1E, Borrower shall issue a new Swing Line Note to the successor Administrative Agent and Swing Line Lender substantially in the form of EXHIBIT VII annexed hereto, in the principal amount of the Swing Line Loan Commitment then in effect and with other appropriate insertions.

Successor Swing Line Lender. Any resignation or removal of the Administrative Agent pursuant to subsection 9.3A 8.5A shall also constitute the resignation or removal of First Chicago Xxxxx Fargo or its successor as a Swing Line Lender, and any successor Administrative Agent appointed pursuant to subsection 9.3A 8.5A shall, upon its acceptance of such appointment, become the a successor Swing Line Lender for all purposes hereunder. Any assignment by any other Swing Line Lender (other than a Swing Line Lender that is also the Administrative Agent) of its Commitment and Loans under this Agreement shall constitute the resignation of such Swing Line Lender as a Swing Line Lender and any successor Swing Line Lender shall, upon the effectiveness of the assignment thereto (which shall require the consent of the Borrower to such assignee becoming a Swing Line Lender hereunder), such assignee shall be a Swing Line Lender for all purposes of this Agreement. In such event either of the events described in the preceding two sentences, (i) the resigning or removed Swing Line Lender Borrower shall assign all at the effective time of its rights and obligations with respect to the such resignation prepay any outstanding Swing Line Loans to made by the successor retiring Administrative Agent or Swing Line Lender pursuant to an Assignment Agreement and such successor Lender, in its capacity as Swing Line Lender shall be entitled thereafter to all of the rights and immunities of the resigning or removed Swing Line Lender pursuant to subsection 2.1Lender, (ii) upon such prepayment, the retiring or removed Administrative Agent and or Swing Line Lender shall surrender the any Swing Line Note held by it to Company the Borrower for cancellation, and (iii) Company if so requested by the successor Administrative Agent or successor Swing Line Lender in accordance with subsection 2.1E, the Borrower shall issue a new Swing Line Note to the successor Administrative Agent and or successor Swing Line Lender substantially in the form of EXHIBIT VII annexed heretoExhibit IV, in the principal amount of the applicable Swing Line Loan Commitment Subfacility then in effect and with other appropriate insertions.

Successor Swing Line Lender. Any resignation or removal of Administrative Agent pursuant to subsection 9.3A shall also constitute the resignation or removal of First Chicago or its successor as Swing Line Lender, and any successor Administrative Agent appointed pursuant to subsection 9.3A shall, upon its acceptance of such appointment, become the successor Swing Line 131 Lender for all purposes hereunder. In such event (i) the resigning or removed Swing Line Lender shall assign all of its rights and obligations with respect to the Swing Line Loans to the successor Swing Line Lender pursuant to an Assignment Agreement and such successor Swing Line Lender shall be entitled thereafter to all of the rights and immunities of the resigning or removed Swing Line Lender pursuant to subsection 2.1, (ii) the retiring or removed Administrative Agent and Swing Line Lender shall surrender the Swing Line Note held by it to Company for cancellation, and (iii) Company shall issue a new Swing Line Note to the successor Administrative Agent and Swing Line Lender substantially in the form of EXHIBIT VII annexed hereto, in the principal amount of the Swing Line Loan Commitment then in effect and with other appropriate insertions.

Successor Swing Line Lender. Any resignation or removal of Administrative Agent pursuant to subsection 9.3A 9.5A shall also constitute the resignation or removal of First Chicago Bank of America, N.A. or its successor as Swing Line Lender, and any successor Administrative Agent appointed pursuant to subsection 9.3A 9.5A shall, upon its acceptance of such appointment, become the successor Swing Line Lender for all purposes hereunder. In such event (i) the resigning or removed Swing Line Lender Company shall assign all of its rights and obligations with respect to the prepay any outstanding Swing Line Loans to made by the successor retiring Administrative Agent in its capacity as Swing Line Lender pursuant to an Assignment Agreement and such successor Swing Line Lender shall be entitled thereafter to all of the rights and immunities of the resigning or removed Swing Line Lender pursuant to subsection 2.1Lender, (ii) upon such prepayment, the retiring or removed Administrative Agent and Swing Line Lender shall surrender the any Swing Line Note held by it to Company for cancellation, and (iii) if so requested by the successor Administrative Agent and Swing Line Lender in accordance with subsection 2.1E, Company shall issue a new Swing Line Note to the successor Administrative Agent and Swing Line Lender substantially in the form of EXHIBIT VII Exhibit VI annexed hereto, in the principal amount of the Swing Line Loan Commitment then in effect and with other appropriate insertions. Upon the acceptance of a successor’s appointment as Administrative Agent hereunder, (a) such successor shall succeed to and become vested with all of the rights, powers, privileges and duties of the retiring Swing Line Lender, and (b) the retiring Swing Line Lender shall be discharged from all of its duties and obligations hereunder or under the other Loan Documents.

Successor Swing Line Lender. Any resignation or removal of --------------------------- Administrative Agent pursuant to subsection 9.3A 9.5A shall also constitute the resignation or removal of First Chicago Xxxxxx Guaranty or its successor as Swing Line Lender, and any successor Administrative Agent appointed pursuant to subsection 9.3A 9.5A shall, upon its acceptance of such appointment, become the successor Swing Line Lender for all purposes hereunder. In such event (i) the resigning relevant Borrower or removed Swing Line Lender Borrowers shall assign all of its rights and obligations with respect to the prepay any outstanding Swing Line Loans to made by the successor retiring or removed Administrative Agent in its capacity as Swing Line Lender pursuant to an Assignment Agreement and such successor Swing Line Lender shall be entitled thereafter to all of the rights and immunities of the resigning or removed Swing Line Lender pursuant to subsection 2.1Lender, (ii) upon such prepayment, the retiring or removed Administrative Agent and Swing Line Lender shall surrender the any Swing Line Note held by it to Company Borrowers for cancellation, and (iii) Company if so requested by the successor Administrative Agent and Swing Line Lender in accordance with subsection 2.1E, Borrowers shall issue a new Swing Line Note to the successor Administrative Agent and Swing Line Lender substantially in the form of EXHIBIT VII Exhibit VIII annexed hereto, in the ------------ principal amount of the Swing Line Loan Commitment then in effect and with other appropriate insertions.