Common use of Successor Swing Line Lender Clause in Contracts

Successor Swing Line Lender. Any Swing Line Lender may resign at any time by giving 30 days’ prior written notice thereof to Lenders and Company. Upon receipt of any such notice of resignation, Company shall have the right to appoint as a successor Swing Line Lender any Lender that agrees, in its sole discretion, to accept the Domestic Swing Line Commitment or Canadian Swing Line Commitment, as the case may be, of the resigning Swing Line Lender. Upon the acceptance of any appointment as Swing Line Lender hereunder by a successor Swing Line Lender, such successor Swing Line Lender shall thereupon succeed to and become vested with all the rights, powers, privileges and duties of the resigning Swing Line Lender, and the resigning Swing Line Lender shall thereupon be discharged from its duties and obligations under this Agreement, provided that the resigning Swing Line Lender shall be so discharged in any case no later than 30 days after giving written notice of its resignation as contemplated hereunder. After any resigning Swing Line Lender’s resignation hereunder, the provisions of this Section 11 shall inure to its benefit as to any actions taken or omitted to be taken by it while it was Swing Line Lender under this Agreement.

Appears in 2 contracts

Samples: Credit Agreement (Safeway Inc), Credit Agreement (Safeway Inc)

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Successor Swing Line Lender. Any The Swing Line Lender may resign at any time by giving 30 days' prior written notice thereof to Lenders and Company. Upon receipt of any such notice of resignation, Company Requisite Lenders shall have the right right, upon five Business Days' notice to Company, to appoint as a successor Swing Line Lender any Lender that agreesLender, in its sole discretionwhich must be a Revolving Lender, subject (if no Event of Default exists) to accept the Domestic Swing Line Commitment or Canadian Swing Line Commitment, as the case may be, approval of the resigning Swing Line LenderCompany. Upon the acceptance of any appointment as Swing Line Lender hereunder by a successor Swing Line Lender, such that successor Swing Line Lender shall thereupon succeed to and become vested with all the rights, powers, privileges and duties of the resigning retiring Swing Line Lender, Lender and the resigning retiring Swing Line Lender shall thereupon be discharged from its duties and obligations under this Agreement. Whether or not a successor is appointed, provided that the resigning retiring Swing Line Lender shall be so discharged from its duties and obligations under this Agreement upon its resignation becoming effective in any case no later than 30 days after giving written accordance with its notice of its resignation as contemplated hereunderresignation. In such event Company shall prepay any outstanding Swing Line Loans made by the retiring Swing Line Lender. After any resigning retiring Swing Line Lender’s 's resignation hereunderhereunder as Swing Line Lender, the provisions of this Section 11 Agreement shall inure to its benefit as to any actions taken or omitted to be taken by it while it was Swing Line Lender under this Agreement.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (MAAX Holding Co.)

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Successor Swing Line Lender. Any The Swing Line Lender may resign at any time by giving 30 days’ days prior written notice thereof to the Lenders and Companythe Borrowers and the Swing Line Lender may be removed as the Swing Line Lender (but not as a Lender) by the Requisite Lenders for cause by an instrument or concurrent instruments in writing delivered to the Borrowers and the Administrative Agent and signed by the Requisite Lenders. Upon receipt of any such notice of resignationresignation or any such removal, the Company shall have the right right, upon five Business Days' notice to appoint the Administrative Agent, to select a Lender to be a successor Swing Line Lender. If the Person selected as a successor Swing Line Lender any Lender that agrees, in its sole discretion, to accept by the Domestic Swing Line Commitment or Canadian Swing Line Commitment, Company accepts appointment as the case may be, of the resigning Swing Line Lender. Upon the acceptance of any appointment as Swing Line Lender hereunder by a successor Swing Line Lender, such that successor Swing Line Lender shall thereupon succeed to and become vested with all the rights, powers, privileges and duties of the resigning retiring or removed Swing Line Lender, Lender and the resigning retiring or removed Swing Line Lender shall thereupon be discharged from its duties and obligations under this Agreement, provided that the resigning Swing Line Lender shall be so discharged in any case no later than 30 days after giving written notice of its resignation as contemplated hereunder. After any resigning retiring or removed Swing Line Lender’s 's resignation hereunderor removal hereunder as the Swing Line Lender, the provisions of this Section 11 subsection 2.1A(ii) shall inure to its benefit as to any actions taken or omitted to be taken by it while it was the Swing Line Lender under this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Wolverine Tube Inc)

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