Bank's Duty to Mitigate. The Bank agrees that, as promptly as practicable after it becomes aware of the occurrence of an event or the existence of a condition that would cause it to be affected under Section 2.4, 2.5 or 2.6 hereof, the Bank will, to the extent not inconsistent with the Bank's internal policies and customary business practices, use reasonable efforts to make, fund or maintain the LIBOR Portions through another lending branch or office of the Bank if as a result thereof the unlawfulness which would otherwise require payment of such Loans pursuant to Section 2.4 hereof would cease to exist or the circumstances which under Section 2.5 hereof would otherwise terminate such Bank's obligation to make LIBOR Portions would cease to exist or the increased costs or other compensation which would otherwise be required to be paid in respect of LIBOR Portions pursuant to Sections 2.6 hereof would be materially reduced, and if, as determined by the Bank, in its sole discretion, the making, funding or maintaining of such Portions through such other lending branch or office would not otherwise adversely affect such Portions or the Bank. The Company hereby agrees to pay all reasonable expenses incurred by the Bank in utilizing another lending branch or office of the Bank pursuant to this Section 2.9.
Bank's Duty to Mitigate. Each Bank agrees that, as promptly as practicable after it becomes aware of the occurrence of an event or the existence of a condition that would cause it to be affected under Section 1.9, 9.1, 9.2 or 9.3 hereof, such Bank will, after written notice to the Borrower, to the extent not inconsistent with such Bank's internal policies and customary business practices, use its best efforts to make, fund or maintain the affected Fixed Rate Loan or issue or participate in the affected L/C, as the case may be, through another lending office of such Bank if as a result thereof the unlawfulness which would otherwise require payment of such Fixed Rate Loan pursuant to Section 9.1 or 9.2 hereof would cease to exist or the circumstances which would otherwise terminate such Bank's obligation to make such Fixed Rate Loan under Section 9.1 or 9.2 hereof would cease to exist or the increased costs which would otherwise be required to be paid in respect of such Fixed Rate Loan or L/C pursuant to Section 1.9 or 9.3 hereof would be materially reduced, and if, as determined by such Bank, in its sole discretion, the making, funding or maintaining of such Fixed Rate Loan, or issuance or participation in such L/C, as the case may be, through such other lending office would not, in the judgment of such Bank, be otherwise disadvantageous to such Bank. The Borrower hereby agrees to pay all reasonable expenses incurred by each such Bank in utilizing another lending office pursuant to this Section 9.7(a).
Bank's Duty to Mitigate. (a) Each Bank agrees that, as promptly as practicable after it becomes aware of an event or existence of a condition which would cause it to be affected under Section 1.11 or 1.12, it will use all commercially reasonable efforts to make, fund or maintain its Loans through a different Applicable Lending Office, if as a result the effect of such event or condition on the Borrower under Section 1.11 or 1.12 would be materially reduced and will not, in the judgment of the Bank, be otherwise disadvantageous to it. If any Bank makes, funds or maintains its Loans through a different Applicable Lending Office, it shall, as between the Borrower and such Bank, be treated as if the Bank made the Loan and the Borrower and the Bank continue to be debtor and creditor with respect to such Loan. Such arrangement shall not affect the obligation of the Borrower to repay such Loan in accordance with the terms of the applicable Note.
