Common use of Duty to Mitigate; Assignment of Commitments Under Certain Circumstances Clause in Contracts

Duty to Mitigate; Assignment of Commitments Under Certain Circumstances. (a) Any Lender (or Transferee) claiming any additional amounts payable pursuant to Section 2.13 or Section 2.20 or exercising its rights under Section 2.14 shall use reasonable efforts (consistent with legal and regulatory restrictions) to file any certificate or document requested by the Company or to change the jurisdiction of its applicable lending office if the making of such a filing or change would avoid the need for or reduce the amount of any such additional amounts which may thereafter accrue or avoid the circumstances giving rise to such exercise and would not, in the sole determination of such Lender (or Transferee), be otherwise disadvantageous to such Lender (or Transferee).

Appears in 4 contracts

Samples: Credit Facility Agreement (Eg&g Inc), Credit Facility Agreement (Eg&g Inc), Agreement (Perkinelmer Inc)

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Duty to Mitigate; Assignment of Commitments Under Certain Circumstances. (a) Any Lender (or Transferee) or Issuing Bank claiming any additional amounts payable pursuant to Section 2.13 or Section 2.20 2.19 or exercising its rights under Section 2.14 shall use reasonable efforts (consistent with legal and regulatory restrictions) to file any certificate or document requested by the Company or to change the jurisdiction of its applicable lending office if the making of such a filing or change would avoid the need for or reduce the amount of any such additional amounts which may thereafter accrue or avoid the circumstances giving rise to such exercise and would not, in the sole determination of such Lender (or Transferee)) or Issuing Bank, be otherwise disadvantageous to such Lender (or Transferee)) or Issuing Bank.

Appears in 4 contracts

Samples: Borrowing Subsidiary Agreement (Itt Corp /Nv/), Credit Facility Agreement (Itt Industries Inc), Itt Industries Inc

Duty to Mitigate; Assignment of Commitments Under Certain Circumstances. (a) Any Lender (or Transferee) claiming any additional amounts payable pursuant to Section 2.13 or Section 2.20 2.19 or exercising its rights under Section 2.14 shall use reasonable efforts (consistent with legal and regulatory restrictions) to file any certificate or document requested by the Company or to change the jurisdiction of its applicable lending office if the making of such a filing or change would avoid the need for or reduce the amount of any such additional amounts which may thereafter accrue or avoid the circumstances giving rise to such exercise and would not, in the sole determination of such Lender (or Transferee), be otherwise disadvantageous to such Lender (or Transferee).

Appears in 3 contracts

Samples: Borrowing Subsidiary Agreement (Itt Industries Inc), Borrowing Subsidiary Agreement (Itt Corp /Nv/), Credit Facility Agreement (American Bankers Insurance Group Inc)

Duty to Mitigate; Assignment of Commitments Under Certain Circumstances. (a) Any Lender (or Transferee) claiming any additional amounts payable pursuant to Section 2.13 2.14 or Section 2.20 or exercising its rights under Section 2.14 2.15 shall use reasonable efforts (consistent with legal and regulatory restrictions) to file any certificate or document requested by the Company or to change the jurisdiction of its applicable lending office if the making of such a filing or change would avoid the need for or reduce the amount of any such additional amounts which may thereafter accrue or avoid the circumstances giving rise to such exercise and would not, in the sole determination of such Lender (or Transferee), be otherwise disadvantageous to such Lender (or Transferee).

Appears in 3 contracts

Samples: Credit Facility Agreement (Hartford Financial Services Group Inc/De), Credit Facility Agreement (Hartford Life Inc), Credit Facility Agreement (Hartford Financial Services Group Inc/De)

Duty to Mitigate; Assignment of Commitments Under Certain Circumstances. (a) Any Lender (or Transferee) claiming any additional amounts payable pursuant to Section 2.13 2.15 or Section 2.20 2.23(b) or exercising its rights under Section 2.14 2.16 shall use reasonable efforts (consistent with legal and regulatory restrictions) to file any certificate or document requested by the Company Millennium or to change the jurisdiction of its applicable lending office Applicable Lending Office if the making of such a filing or change would avoid the need for or reduce the amount of any such additional amounts which may thereafter accrue or avoid the circumstances giving rise to such exercise and would not, in the sole determination of such Lender (or Transferee), be otherwise disadvantageous to such Lender (or Transferee).

Appears in 2 contracts

Samples: Credit Agreement (Millennium Chemicals Inc), Credit Agreement (Millennium America Inc)

Duty to Mitigate; Assignment of Commitments Under Certain Circumstances. (a) Any Lender (or Transferee) claiming any indemnity payment or additional amounts payable pursuant to Section 2.13 2.14 or Section 2.20 or exercising its rights under Section 2.14 shall use reasonable efforts (consistent with legal and regulatory restrictions) to file any certificate or document reasonably requested in writing by the Company a relevant Borrower or to change the jurisdiction of its applicable lending office if the making of such a filing or change would avoid the need for or reduce the amount of any such indemnity payment or additional amounts which that may thereafter accrue or avoid the circumstances giving rise to such exercise and would not, in the sole determination of such Lender (or Transferee), be otherwise disadvantageous to such Lender (or Transferee).

Appears in 1 contract

Samples: Credit Facility Agreement (Mbna Corp)

Duty to Mitigate; Assignment of Commitments Under Certain Circumstances. (a) Any Lender (or Transferee) claiming any indemnity payment or additional amounts payable pursuant to Section 2.13 or Section 2.20 or exercising its rights under Section 2.14 2.19 44 44 shall use reasonable efforts (consistent with legal and regulatory restrictions) to file any certificate or document reasonably requested in writing by the Company Borrower or to change the jurisdiction of its applicable lending office if the making of such a filing or change would avoid the need for or reduce the amount of any such indemnity payment or additional amounts which that may thereafter accrue or avoid the circumstances giving rise to such exercise and would not, in the sole determination of such Lender (or Transferee), be otherwise disadvantageous to such Lender (or Transferee).

Appears in 1 contract

Samples: Competitive Advance and Revolving Credit Facility Agreement (Mbna Corp)

Duty to Mitigate; Assignment of Commitments Under Certain Circumstances. (a) Any of the Administrative Agent, the Facing Agent or any Lender (or Transferee) claiming any additional amounts payable pursuant to Section 2.13 2.14 or Section 2.20 or exercising its rights under Section 2.14 2.15 shall use reasonable efforts (consistent with legal and regulatory restrictions) to file any certificate or document requested by the Company either Borrower or to change the jurisdiction of its applicable lending office if the making of such a filing or change would avoid the need for or reduce the amount of any such additional amounts which that may thereafter accrue or avoid the circumstances giving rise to such exercise and would not, in the sole determination of such Lender (or Transferee), be otherwise disadvantageous to such Lender (the Administrative Agent or Transferee).the Facing Agent, as the case may be, require

Appears in 1 contract

Samples: Credit Agreement (Stone Container Corp)

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Duty to Mitigate; Assignment of Commitments Under Certain Circumstances. (a) Any Lender (or Transferee) claiming any additional amounts payable pursuant to Section 2.13 2.12 or Section 2.20 2.18 or exercising its rights under Section 2.14 2.13 shall use reasonable efforts (consistent with legal and regulatory restrictions) to file any certificate or document requested by the Company or to change the jurisdiction of its applicable lending office if the making of such a filing or change would avoid the need for or reduce the amount of any such additional amounts which may thereafter accrue or avoid the circumstances giving rise to such exercise and would not, in the sole determination of such Lender (or Transferee), be otherwise disadvantageous to such Lender (or Transferee).

Appears in 1 contract

Samples: Borrowing Subsidiary Agreement (Itt Industries Inc)

Duty to Mitigate; Assignment of Commitments Under Certain Circumstances. (a) Any Lender (or Transferee) or Issuing Bank claiming any additional amounts payable pursuant to Section 2.13 2.14 or Section 2.20 or exercising its rights under Section 2.14 2.15 shall use reasonable efforts (consistent with legal and regulatory restrictions) to file any certificate or document requested by the Company or to change the jurisdiction of its applicable lending office if the making of such a filing or change would avoid the need for or reduce the amount of any such additional amounts which may thereafter accrue or avoid the circumstances giving rise to such exercise and would not, in the sole determination of such Lender (or Transferee)) or Issuing Bank, be otherwise disadvantageous to such Lender (or Transferee)) or Issuing Bank.

Appears in 1 contract

Samples: Credit Facility Agreement (Itt Industries Inc)

Duty to Mitigate; Assignment of Commitments Under Certain Circumstances. (a) Any Lender Bank (or Transferee) claiming or receiving any additional amounts payable pursuant to Section 2.13 or Section 2.20 2.18 or exercising its rights under Section 2.14 shall use reasonable efforts (consistent with legal and regulatory restrictions) to file any certificate or document requested by the Company relevant Borrower or to change the jurisdiction of its applicable lending office if the making of such a filing or change would avoid the need for or reduce the amount of any such additional amounts which may thereafter accrue or avoid the circumstances giving rise to such exercise and would not, in the sole determination of such Lender Bank (or Transferee), be otherwise disadvantageous to such Lender Bank (or Transferee).

Appears in 1 contract

Samples: Competitive Advance and Revolving Credit Facilities Agreement (Great Atlantic & Pacific Tea Co Inc)

Duty to Mitigate; Assignment of Commitments Under Certain Circumstances. (a) Any Lender (or Transferee) claiming any additional amounts payable pursuant to Section 2.13 2.12 or Section 2.20 2.19 or exercising its rights under Section 2.14 2.13 shall use reasonable efforts (consistent with legal and regulatory restrictions) to file any certificate or document requested by the Company or to change the jurisdiction of its applicable lending office if the making of such a filing or change would avoid the need for or reduce the amount of any such additional amounts which may thereafter accrue or avoid the circumstances giving rise to such exercise and would not, in the sole determination of such Lender (or Transferee), be otherwise disadvantageous to such Lender (or Transferee).

Appears in 1 contract

Samples: Credit Facility Agreement (Eg&g Inc)

Duty to Mitigate; Assignment of Commitments Under Certain Circumstances. (a) Any Lender (or Transferee) claiming any additional amounts payable pursuant to Section 2.13 2.14 or Section 2.20 2.21 or exercising its rights under Section 2.14 2.15 shall use reasonable efforts (consistent with legal and regulatory restrictions) to file any certificate or document requested by the Company or to change the jurisdiction of its applicable lending office if the making of such a filing or change would avoid the need for or reduce the amount of any such additional amounts which may thereafter accrue or avoid the circumstances giving rise to such exercise and would not, in the sole determination of such Lender (or Transferee), be otherwise disadvantageous to such Lender (or Transferee).

Appears in 1 contract

Samples: Agreement (Perkinelmer Inc)

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