Resignation of the Agents. (a) An Agent may resign and appoint one of its Affiliates acting through an office in Hong Kong as successor by giving notice to the other Finance Parties and the Borrower. (b) Alternatively an Agent may resign by giving notice to the other Finance Parties and the Borrower, in which case the Majority Lenders (after consultation with the Borrower) may appoint a successor Facility Agent or (as the case may be) Security Agent. (c) If the Majority Lenders have not appointed a successor Facility Agent or Security Agent in accordance with paragraph (b) above within thirty (30) days after notice of resignation was given, the Facility Agent or Security Agent (after consultation with the Borrower) may appoint a successor Facility Agent or (as the case may be) Security Agent. (d) A retiring Agent shall make available to the successor Agent such documents and records and provide such assistance as the successor Agent may reasonably request for the purposes of performing its functions as Facility Agent or (as the case may be) Security Agent under the Finance Documents. (e) An Agent’s resignation notice shall take effect only upon the appointment of a successor. (f) Upon the appointment of a successor, a retiring Agent shall, subject to paragraph (d) above, be discharged from any further obligation in respect of the Finance Documents but shall remain entitled to the benefit of this Clause 27 in respect of any action taken or not taken by it in connection with the Finance Documents while it was an Agent. Its successor and each of the other Parties shall have the same rights and obligations amongst themselves as they would have had if such successor had been an original Party. (g) After consultation with the Borrower, the Majority Lenders may, by notice to an Agent, require it to resign in accordance with paragraph (b) above. In this event, that Agent shall resign in accordance with paragraph (b) above.
Appears in 1 contract
Sources: Facilities Agreement (3SBio Inc.)
Resignation of the Agents. (a) An Agent may following consultation with the Borrower resign and appoint one of its Affiliates acting through an office in Hong Kong the United Kingdom as successor by giving notice to the other Finance Parties and the Borrower.
(b) Alternatively an Agent may following consultation with the Borrower resign by giving notice to the other Finance Parties and the Borrower, in which case the Majority Lenders (after consultation with the Borrower) may appoint a successor Facility Agent or (as the case may be) Security Agent.
(c) If the Majority Lenders have not appointed a successor Facility Agent or Security Agent in accordance with paragraph (b) above within thirty (30) 30 days after notice of resignation was given, the Facility Agent or Security resigning Agent (after consultation with the Borrower) may appoint a successor Facility Agent or (as acting through an office in the case may be) Security AgentUnited Kingdom).
(d) A The retiring Agent shall shall, at its own cost, make available to the a successor Agent such documents and records and provide such assistance as the successor Agent may reasonably request for the purposes of performing its functions as Facility Agent or (as the case may be) Security Agent under the Finance Documents.
(e) An Agent’s 's resignation notice shall only take effect only upon the appointment of a successor.
(f) Upon the appointment of a successor, a the retiring Agent shall, subject to paragraph (d) above, shall be discharged from any further obligation in respect of the Finance Documents but shall remain entitled to the benefit of this Clause 27 in respect of any action taken or not taken by it in connection with the Finance Documents while it was an Agent26. Its successor and each of the other Parties shall have the same rights and obligations amongst themselves as they would have had if such successor had been an original Party.
(g) After consultation with the Borrower, the Majority Lenders may, by notice to an the Agent, require it to resign in accordance with paragraph (b) above. In this event, that the Agent shall resign in accordance with paragraph (b) above.
Appears in 1 contract
Sources: Facility Agreement (AstraZeneca Biopharmaceuticals Inc.)
Resignation of the Agents. (a) An Agent may resign and appoint one of its Affiliates acting through an office in Hong Kong as successor by giving notice to the other Finance Parties and the Borrower.
(b) Alternatively an At any time, either Agent may resign by giving notice to the other Finance Parties Lenders and the Borrower or, after consultation with the Borrower, in which case the Majority Lenders may, by notice to either Agent (copied to the Borrower), require such Agent to resign. In such case, the Majority Lenders (after consultation with the Borrower) may appoint a successor Facility Agent or (as the case may be) Security Agent.
(c) . If the Majority Lenders have not appointed a successor Facility Agent or Security Agent in accordance with paragraph (b) above within thirty (30) 30 days after notice of resignation was given, the Facility Agent or Security retiring Agent (after consultation with the Borrower) may appoint a successor Facility Agent or (as the case may be) Security Agentsuccessor.
(db) A Notwithstanding paragraph (a) of this Clause 23.12, either Agent may, at any time, resign and appoint one of its Affiliates acting through an office in the United Kingdom as successor by giving notice to the Lenders and the Borrower.
(c) The retiring Agent shall shall, at its own cost, make available to the successor Agent such documents and records and provide such assistance as the successor Agent may reasonably request for the purposes of performing its functions as Facility Agent or (as the case may be) Security Agent under the Finance Documents.
(ed) An The retiring Agent’s resignation notice shall only take effect only upon the appointment of a successor.
(fe) Upon the appointment of a successor, a the retiring Agent shall, subject to paragraph (d) above, shall be discharged from any further obligation in respect of the Finance Documents but shall remain entitled to the benefit of this Clause 27 in respect of any action taken or not taken by it in connection with the Finance Documents while it was an Agent23. Its successor and each of the other Parties parties shall have the same rights and obligations amongst among themselves as they would have had if such successor had been an original Partyparty to this Agreement.
(g) After consultation with the Borrower, the Majority Lenders may, by notice to an Agent, require it to resign in accordance with paragraph (b) above. In this event, that Agent shall resign in accordance with paragraph (b) above.
Appears in 1 contract
Sources: Facility Agreement (Atmel Corp)
Resignation of the Agents. (a) An Agent The Agents may resign and appoint W▇▇▇▇ Fargo Foothill, Inc. one of its Affiliates acting through an office in Hong Kong as successor by giving notice to the other Finance Parties and the BorrowerCompany.
(b) Alternatively an Agent the Agents may resign by giving notice to the other Finance Parties and the BorrowerCompany, in which case the Majority Lenders (after consultation with the BorrowerCompany) may appoint a successor Facility Agent or (as the case may be) Security AgentAgents.
(c) If the Majority Lenders have not appointed a successor Facility Agent or Security Agent Agents in accordance with paragraph (b) above within thirty (30) 30 days after notice of resignation was given, the Facility Agent or Security Agent Agents (after consultation with the BorrowerCompany) may appoint a successor Facility Agent or Agents (as acting through an office in the case may be) Security AgentUnited Kingdom).
(d) A The retiring Agent shall Agents shall, at their own cost, make available to the successor Agent Agents such documents and records and provide such assistance as the successor Agent Agents may reasonably request for the purposes of performing its their functions as Facility Agent or (as the case may be) Security Agent Agents under the Finance Documents.
(e) An Agent’s The Agents’ resignation notice shall only take effect only upon the appointment of a successor.
(f) Upon the appointment of a successor, a the retiring Agent shall, subject to paragraph (d) above, Agents shall be discharged from any further obligation in respect of the Finance Documents but shall remain entitled to the benefit of this Clause 27 in respect of any action taken or not taken by it in connection with the Finance Documents while it was an Agentclause 25. Its successor and each of the other Parties shall have the same rights and obligations amongst themselves as they would have had if such successor had been an original Party.
(g) After consultation with the BorrowerCompany, the Majority Lenders may, by notice to an Agentthe Agents, require it them to resign in accordance with paragraph (b) above). In this event, that Agent the Agents shall resign in accordance with paragraph (b) above).
Appears in 1 contract
Sources: Facility Agreement (TRM Corp)
Resignation of the Agents. (a) An Agent The Agents may resign and appoint one of its Affiliates acting through an office in Hong Kong Japan as successor by giving notice to the other Finance Parties Lenders and the Borrower.
(b) Alternatively an Agent may resign by giving notice to the other Finance Parties Lenders and the Borrower, in which case the Majority Lenders (after consultation with the Borrower) may appoint a successor Facility Agent or (as the case may be) Security Agent.
(c) If the Majority Lenders have not appointed a successor Facility Agent or Security Agent in accordance with paragraph (b) above within thirty (30) 30 days after notice of resignation was given, the Facility Agent or Security Agent (after consultation with the Borrower) may appoint a successor Facility Agent or (as the case may be) Security Agentacting through an office in Japan).
(d) A The retiring Agent shall shall, at its own cost, make available to the successor Agent such documents and records and provide such assistance as the successor Agent may reasonably request for the purposes of performing its functions as Facility Agent or (as the case may be) Security Agent under the Finance Documents.
(e) An Agent’s resignation notice shall only take effect only upon the appointment of a successor.
(f) Upon the appointment of a successor, a the retiring Agent shall, subject to paragraph (d) above, shall be discharged from any further obligation in respect of the Finance Documents but shall remain entitled to the benefit of this Clause 27 in respect of any action taken or not taken by it in connection with the Finance Documents while it was an Agent24.12. Its successor and each of the other Parties shall have the same rights and obligations amongst themselves as they would have had if such successor had been an original Party.
(g) After consultation with the Borrower, the The Majority Lenders may, by notice to an the Agent, require it to resign in accordance with paragraph (b) above. In this event, that the Agent shall resign in accordance with paragraph (b) above.
Appears in 1 contract