Common use of Mitigation of Circumstances; Replacement of Lenders Clause in Contracts

Mitigation of Circumstances; Replacement of Lenders. (a) Each Lender shall promptly notify the Borrowers and the Administrative Agent of any event of which it has knowledge which will result in, and will use reasonable commercial efforts available to it (and not, in such Lender’s sole judgment, otherwise disadvantageous to such Lender) to mitigate or avoid, (i) any obligation by the Borrowers to pay any amount pursuant to Sections 7.6 or 8.1 or (ii) the occurrence of any circumstances described in Sections 8.2 or 8.3 (and, if any Lender has given notice of any such event described in clause (i) or (ii) above and thereafter such event ceases to exist, such Lender shall promptly so notify the Borrowers and the Administrative Agent). Without limiting the foregoing, each Lender will designate a different funding office if such designation will avoid (or reduce the cost to the Borrowers of) any event described in clause (i) or (ii) above and such designation will not, in such Lender’s sole judgment, be otherwise disadvantageous to such Lender.

Mitigation of Circumstances; Replacement of Lenders. (a) Each Lender shall promptly notify the Borrowers Borrower Representative and the Administrative Agent of any event of which it has knowledge which that will result in, and will use reasonable commercial efforts available to it (and not, in such Lenderthat Xxxxxx’s sole judgment, otherwise disadvantageous to such that Lender) to mitigate or avoid, avoid (i) any obligation by the Borrowers to pay any amount pursuant to Sections 7.6 or 8.1 or (ii) the occurrence of any circumstances described in Sections 8.2 or 8.3 (and, if any Lender has given notice of any such event described in clause clauses (i) or (ii) above and thereafter such that event ceases to exist, such that Lender shall promptly so notify the Borrowers Borrower Representative and the Administrative Agent). Without limiting the foregoing, each Lender will shall designate a different funding office if such that designation will avoid (or reduce the cost to the Borrowers of) any event described in clause clauses (i) or (ii) above and such that designation will not, in such Lenderthat Xxxxxx’s sole judgment, be otherwise disadvantageous to such that Lender.

Mitigation of Circumstances; Replacement of Lenders. (a) Each Lender shall promptly notify the Borrowers Borrower Representative and the Administrative Agent of any event of which it has knowledge which that will result in, and will use reasonable commercial efforts available to it (and not, in such that Lender’s sole judgment, otherwise disadvantageous to such that Lender) to mitigate or avoid, (i) any obligation by the Borrowers to pay any amount pursuant to Sections 7.6 or 8.1 or (ii) the occurrence of any circumstances described in Sections 8.2 or 8.3 (and, if any Lender has given notice of any such event described in clause (i) or (ii) above and thereafter such that event ceases to exist, such that Lender shall promptly so notify the Borrowers Borrower Representative and the Administrative Agent). Without limiting the foregoing, each Lender will shall designate a different funding office if such that designation will avoid (or reduce the cost to the Borrowers of) any event described in clause (i) or (ii) above and such that designation will not, in such that Lender’s sole judgment, be otherwise disadvantageous to such that Lender.

Mitigation of Circumstances; Replacement of Lenders. (a) Each Lender shall promptly notify the Borrowers Funds Administrator and the Administrative Agent of any event of which it has knowledge which will result in, and will use reasonable commercial efforts available to it (and not, in such Lender’s 's sole judgment, otherwise disadvantageous to such Lender) to mitigate or avoid, (i) any obligation by the Borrowers to pay any amount pursuant to Sections 7.6 Section 8.7 or 8.1 9.1 or (ii) the occurrence of any circumstances described in Sections 8.2 Section 9.2 or 8.3 9.3 (and, if any Lender has given notice of any such event described in clause (i) or (ii) above and thereafter such event ceases to exist, such Lender shall promptly so notify the Borrowers Funds Administrator and the Administrative Agent). Without limiting the foregoing, each Lender will designate a different funding office if such designation will avoid (or reduce the cost to the Borrowers of) any event described in clause (i) or (ii) above of the preceding sentence and such designation will not, in such Lender’s 's sole judgment, be otherwise disadvantageous to such Lender.

Mitigation of Circumstances; Replacement of Lenders. (a) Each Lender shall promptly notify the Borrowers and the Administrative Agent of any event of which it has knowledge which will result in, and will use reasonable commercial efforts available to it (and not, in such Lender’s sole judgment, otherwise disadvantageous to such Lender) to mitigate or avoid, (i) any obligation by the Borrowers to pay any amount pursuant to Sections Section 7.6 or 8.1 or (ii) the occurrence of any circumstances described in Sections Section 8.2 or 8.3 (and, if any such Lender has given notice of any such event described in clause (i) or (ii) above and thereafter such event ceases to exist, such Lender shall promptly so notify the Borrowers and the Administrative Agent). Without limiting the foregoing, each Lender will provide to the Borrowers or file any document or instrument or designate a different funding office if such designation will avoid (or reduce the cost to the Borrowers of) any event described in clause (i) or (ii) above and providing or filing such document or instrument or making such designation will not, in such Lender’s sole judgment, be otherwise disadvantageous to such Lender.

Mitigation of Circumstances; Replacement of Lenders. (a) Each Lender shall promptly notify the Borrowers Parent and the Administrative Agent of any event of which it has knowledge which will result in, and will use reasonable commercial efforts available to it (and not, in such Lender’s sole reasonable judgment, otherwise disadvantageous to such Lender) to mitigate or avoid, (i) any obligation by the Borrowers to pay any amount pursuant to Sections 7.6 or 8.1 or (ii) the occurrence of any circumstances described in Sections 8.2 or 8.3 (and, if any Lender has given notice of any such event described in clause (i) or (ii) above and thereafter such event ceases to exist, such Lender shall promptly so notify the Borrowers Parent and the Administrative Agent). Without limiting the foregoing, each Lender will designate a different funding office if such designation will avoid (or reduce the cost to the Borrowers of) any event described in clause (i) or (ii) above and such designation will not, in such Lender’s sole reasonable judgment, be otherwise disadvantageous to such Lender.

Mitigation of Circumstances; Replacement of Lenders. (a) Each Lender shall promptly notify the Borrowers Borrower and the Administrative Agent of any event of which it has knowledge which that will result in, and will use reasonable commercial efforts available to it (and not, in such that Lender’s sole judgment, otherwise disadvantageous to such that Lender) to mitigate or avoid, (i) any obligation by the Borrowers Borrower to pay any amount pursuant to Sections 7.6 or 8.1 or (ii) the occurrence of any circumstances described in Sections 8.2 or 8.3 (and, if any Lender has given notice of any such event described in clause (i) or (ii) above and thereafter such that event ceases to exist, such that Lender shall promptly so notify the Borrowers Borrower and the Administrative Agent). Without limiting the foregoing, each Lender will shall designate a different funding office if such that designation will avoid (or reduce the cost to the Borrowers Borrower of) any event described in clause (i) or (ii) above and such that designation will not, in such Lenderthat Xxxxxx’s sole judgment, be otherwise disadvantageous to such that Lender.

Mitigation of Circumstances; Replacement of Lenders. (a) Each Lender shall promptly notify the Borrowers and the Administrative Agent of any event of which it has knowledge which will result in, and will use reasonable commercial efforts available to it (and not, in such Lender’s 's sole judgment, otherwise disadvantageous to such Lender) to mitigate or avoid, (i) any obligation by the Borrowers to pay any amount pursuant to Sections 7.6 Section 2.23 or 8.1 2.21, or (ii) the occurrence of any circumstances described in Sections 8.2 Section 2.22 or 8.3 2.21 (and, if any Lender has given notice of any such event described in clause (i) or (ii) above and thereafter such event ceases to exist, such Lender shall promptly so notify the Borrowers and the Administrative Agent). Without limiting the foregoing, each Lender will designate a different funding office if such designation will avoid (or reduce the cost to the Borrowers of) any event described in clause (i) or (ii) above of the preceding sentence and such designation will not, in such Lender’s 's sole judgment, be otherwise disadvantageous to such Lender.

Mitigation of Circumstances; Replacement of Lenders. (aA) Each Lender shall promptly notify the Borrowers and the Administrative Agent of any event of which it has knowledge which that will result in, and will use reasonable commercial efforts available to it (and not, in such Lender’s 's sole judgment, otherwise disadvantageous to such Lender) to mitigate or avoid, (i) any obligation by the Borrowers to pay any amount pursuant to Sections SECTION 7.6 or 8.1 or (ii) the occurrence of any circumstances of the nature described in Sections SECTION 8.2 or 8.3 (and, if any Lender has given notice of any such event described in clause CLAUSE (i) or (ii) above and thereafter such event ceases to exist, such Lender shall promptly so notify the Borrowers and the Administrative Agent). Without limiting the foregoing, each Lender will designate a different funding office if such designation will avoid (or reduce the cost to the Borrowers of) any event described in clause CLAUSE (i) or (ii) above of the preceding sentence and such designation will not, in such Lender’s 's sole judgment, be otherwise disadvantageous to such Lender.

Mitigation of Circumstances; Replacement of Lenders. (a) Each Lender shall promptly notify the Borrowers Borrower Representative and the Administrative Agent of any event of which it has knowledge which will result in, and will use reasonable commercial efforts available to it (and not, in such Lender’s 's sole judgment, otherwise disadvantageous to such Lender) to mitigate or avoid, (i) any obligation by the Borrowers to pay any amount pursuant to Sections 7.6 Section 2.12, 2.14 or 8.1 2.15 or (ii) the occurrence of any circumstances described in Sections 8.2 Section 2.12, 2.14 or 8.3 2.15 (and, if any Lender has given notice of any such event described in clause (i) or (ii) above and thereafter such event ceases to exist, such Lender shall promptly so notify the Borrowers Borrower Representative and the Administrative Agent). Without limiting the foregoing, each Lender will designate a different funding office if such designation will avoid (or reduce the cost to the Borrowers of) any event described in clause (i) or (ii) above and such designation will would not, in such Lender’s 's sole judgment, be otherwise disadvantageous to such Lender.

Mitigation of Circumstances; Replacement of Lenders. (a) Each Lender shall promptly notify the Borrowers Company and the Administrative Agent of any event of which it has knowledge which will result in, and will use reasonable commercial efforts available to it (and not, in such Lender’s sole judgment, otherwise disadvantageous to such Lender) to mitigate or avoid, (i) any obligation by the Borrowers Loan Parties to pay any amount pursuant to Sections 7.6 or 8.1 or (ii) the occurrence of any circumstances described in Sections 8.2 or 8.3 (and, if any Lender has given notice of any such event described in clause (i) or (ii) above and thereafter such event ceases to exist, such Lender shall promptly so notify the Borrowers Company and the Administrative Agent). Without limiting the foregoing, each Lender will designate a different funding office if such designation will avoid (or reduce the cost to the Borrowers Loan Parties of) any event described in clause (i) or (ii) above and such designation will not, in such Lender’s sole judgment, be otherwise disadvantageous to such Lender.

Mitigation of Circumstances; Replacement of Lenders. (a) Each Lender shall promptly notify the Borrowers Company Representative and the Administrative Agent of any event of which it has knowledge which will result in, and will use reasonable commercial efforts available to it (and not, in such Lender’s sole judgment, otherwise disadvantageous to such Lender) to mitigate or avoid, (i) any obligation by the Borrowers Companies to pay any amount pursuant to Sections 7.6 or 8.1 or (ii) the occurrence of any circumstances described in Sections 8.2 or 8.3 (and, if any Lender has given notice of any such event described in clause (i) or (ii) above and thereafter such event ceases to exist, such Lender shall promptly so notify the Borrowers Company Representative and the Administrative Agent). Without limiting the foregoing, each Lender will designate a different funding office if such designation will avoid (or reduce the cost to the Borrowers Companies of) any event described in clause (i) or (ii) above and such designation will not, in such Lender’s sole judgment, be otherwise disadvantageous to such Lender.

Mitigation of Circumstances; Replacement of Lenders. (a) Each Lender shall promptly notify the Borrowers Borrower Representative and the Administrative Agent of any event of which it has knowledge which that will result in, and will use reasonable commercial efforts available to it (and not, in such that Lender’s sole judgment, otherwise disadvantageous to such that Lender) to mitigate or avoid, avoid (i) any obligation by the Borrowers to pay any amount pursuant to Sections 7.6 or 8.1 or (ii) the occurrence of any circumstances described in Sections 8.2 or 8.3 (and, if any Lender has given notice of any such event described in clause clauses (i) or (ii) above and thereafter such that event ceases to exist, such that Lender shall promptly so notify the Borrowers Borrower Representative and the Administrative Agent). Without limiting the foregoing, each Lender will shall designate a different funding office if such that designation will avoid (or reduce the cost to the Borrowers of) any event described in clause clauses (i) or (ii) above and such that designation will not, in such that Lender’s sole judgment, be otherwise disadvantageous to such that Lender.

Mitigation of Circumstances; Replacement of Lenders. (a) Each Lender shall promptly notify the Co-Borrowers and the Administrative Agent of any event of which it has knowledge which will result in, and will use reasonable commercial efforts available to it (and not, in such Lender’s sole judgment, otherwise disadvantageous to such Lender) to mitigate or avoid, (i) any obligation by the Co-Borrowers to pay any amount pursuant to Sections 7.6 or 8.1 or (ii) the occurrence of any circumstances described in Sections 8.2 or 8.3 (and, if any Lender has given notice of any such event described in clause (i) or (ii) above and thereafter such event ceases to exist, such Lender shall promptly so notify the Co-Borrowers and the Administrative Agent). Without limiting the foregoing, each Lender will designate a different funding office if such designation will avoid (or reduce the cost to the Co-Borrowers of) any event described in clause (i) or (ii) above and such designation will not, in such Lender’s sole judgment, be otherwise disadvantageous to such Lender.

Mitigation of Circumstances; Replacement of Lenders. (a) Each Lender shall promptly notify the Borrowers Company and the Administrative Agent of any event of which it has knowledge which will result in, and will use reasonable commercial efforts available to it (and not, in such Lender’s sole judgment, otherwise disadvantageous to such Lender) to mitigate or avoid, (i) any obligation by the Borrowers to pay any amount pursuant to Sections Section 7.6 or 8.1 or (ii) the occurrence of any circumstances described in Sections Section 8.2 or 8.3 (and, if any Lender has given notice of any such event described in clause (i) or (ii) above and thereafter such event ceases to exist, such Lender shall promptly so notify the Borrowers Company and the Administrative Agent). Without limiting the foregoing, each Lender will provide to the Borrowers or file any document or instrument or designate a different funding office if such designation will avoid (or reduce the cost to the Borrowers of) any event described in clause (i) or (ii) above and providing or filing such document or instrument or making such designation will not, in such Lender’s sole judgment, be otherwise disadvantageous to such Lender.

Mitigation of Circumstances; Replacement of Lenders. (a) Each Lender shall promptly notify the Borrowers Borrower and the Administrative Agent of any event of which it has knowledge which will result in, and will use reasonable commercial efforts available to it (and not, in such Lender’s sole judgment, otherwise disadvantageous to such Lender) to mitigate or avoid, (i) any obligation by the Borrowers Borrower to pay any amount pursuant to Sections 7.6 or 8.1 or (ii) the occurrence of any circumstances described in Sections 8.2 or 8.3 (and, if any Lender has given notice of any such event described in clause (i) or (ii) above and thereafter such event ceases to exist, such Lender shall promptly so notify the Borrowers Borrower and the Administrative Agent). Without limiting the foregoing, each Lender will designate a different funding office if such designation will avoid (or reduce the cost to the Borrowers Borrower of) any event described in clause (i) or (ii) above and such designation will not, in such Lender’s sole judgment, be otherwise disadvantageous to such Lender.

Mitigation of Circumstances; Replacement of Lenders. (a) Each Lender shall promptly notify the Borrowers Companies and the Administrative Agent of any event of which it has knowledge which will result in, and will use reasonable commercial efforts available to it (and not, in such Lender’s 's sole judgment, otherwise disadvantageous to such Lender) to mitigate or avoid, (i) any obligation by the Borrowers Companies to pay any amount pursuant to Sections Section 7.6 or 8.1 or (ii) the occurrence of any circumstances described in Sections Section 8.2 or 8.3 (and, if any Lender has given notice of any such event described in clause (i) or (ii) above and thereafter such event ceases to exist, such Lender shall promptly so notify the Borrowers Companies and the Administrative Agent). Without limiting the foregoing, each Lender will designate a different funding office if such designation will avoid (or reduce the cost to the Borrowers Companies of) any event described in clause (i) or (ii) above and such designation will not, in such Lender’s 's sole judgment, be otherwise disadvantageous to such Lender.

Mitigation of Circumstances; Replacement of Lenders. (a) Each Lender shall promptly notify the Borrowers Loan Parties and the Administrative Agent of any event of which it has knowledge which will result in, and will use reasonable commercial efforts available to it (and not, in such Lender’s sole judgment, otherwise disadvantageous to such Lender) to mitigate or avoid, (i) any obligation by the Borrowers Loan Parties to pay any amount pursuant to Sections Section 7.6 or 8.1 or (ii) the occurrence of any circumstances described in Sections Section 8.2 or 8.3 (and, if any Lender has given notice of any such event described in clause (i) or (ii) above and thereafter such event ceases to exist, such Lender shall promptly so notify the Borrowers Loan Parties and the Administrative Agent). Without limiting the foregoing, each Lender will designate a different funding office if such designation will avoid (or reduce the cost to the Borrowers Loan Parties of) any event described in clause (i) or (ii) above and such designation will not, in such Lender’s sole judgment, be otherwise disadvantageous to such Lender.

Mitigation of Circumstances; Replacement of Lenders. (a) Each Lender shall promptly notify the Borrowers Borrower Representative and the Administrative Agent of any event of which it has knowledge which will result in, and will use reasonable commercial efforts available to it (and not, in such Lender’s sole judgment, otherwise disadvantageous to such Lender) to mitigate or avoid, (i) any obligation by the Borrowers to pay any amount pursuant to Sections 7.6 or 8.1 or (ii) the occurrence of any circumstances described in Sections 8.2 or 8.3 (and, if any Lender has given notice of any such event described in clause (i) or (ii) above and thereafter such event ceases to exist, such Lender shall promptly so notify the Borrowers Borrower Representative and the Administrative Agent). Without limiting the foregoing, each Lender will will, to the extent practicable, designate a different funding office if such designation will avoid (or reduce the cost to the Borrowers of) any event described in clause (i) or (ii) above and such designation will not, in such Lender’s sole judgment, be otherwise disadvantageous to such Lender.

Mitigation of Circumstances; Replacement of Lenders. (a) Each Lender shall promptly notify the Borrowers Company and the Administrative Agent of any event of which it has knowledge which will result in, and will use reasonable commercial efforts available to it (and not, in such Lender’s sole judgment, otherwise disadvantageous to such Lender) to mitigate or avoid, (i) any obligation by the Borrowers Companies to pay any amount pursuant to Sections Section 7.6 or 8.1 or (ii) the occurrence of any circumstances described in Sections Section 8.2 or 8.3 (and, if any Lender has given notice of any such event described in clause (i) or (ii) above and thereafter such event ceases to exist, such Lender shall promptly so notify the Borrowers Companies and the Administrative Agent). Without limiting the foregoing, each Lender will designate a different funding office if such designation will avoid (or reduce the cost to the Borrowers Companies of) any event described in clause (i) or (ii) above and such designation will not, in such Lender’s sole judgment, be otherwise disadvantageous to such Lender.

Mitigation of Circumstances; Replacement of Lenders. (a) Each Lender shall promptly notify the Borrowers Borrower Representative and the Administrative Agent of any event of which it has knowledge which that will result in, and will use reasonable commercial efforts available to it (and not, in such Lenderthat Lxxxxx’s sole judgment, otherwise disadvantageous to such that Lender) to mitigate or avoid, (i) any obligation by the Borrowers to pay any amount pursuant to Sections 7.6 or 8.1 or (ii) the occurrence of any circumstances described in Sections 8.2 or 8.3 (and, if any Lender has given notice of any such event described in clause (i) or (ii) above and thereafter such that event ceases to exist, such that Lender shall promptly so notify the Borrowers Borrower Representative and the Administrative Agent). Without limiting the foregoing, each Lender will shall designate a different funding office if such that designation will avoid (or reduce the cost to the Borrowers of) any event described in clause (i) or (ii) above and such that designation will not, in such Lenderthat Lxxxxx’s sole judgment, be otherwise disadvantageous to such that Lender.

Mitigation of Circumstances; Replacement of Lenders. (a) Each Lender shall promptly notify the Borrowers Borrower Representative and the Administrative Agent of any event of which it has knowledge which will result in, and will use reasonable commercial efforts available to it (and not, in such Lender’s 's sole judgment, otherwise disadvantageous to such Lender) to mitigate or avoid, (i) any obligation by the Borrowers to pay any amount pursuant to Sections Section 7.6 or 8.1 or (ii) the occurrence of any circumstances described in Sections Section 8.2 or 8.3 (and, if any Lender has given notice of any such event described in clause (i) or (ii) above and thereafter such event ceases to exist, such Lender shall promptly so notify the Borrowers Borrower Representative and the Administrative Agent). Without limiting the foregoing, each Lender will designate a different funding office if such designation will avoid (or reduce the cost to the Borrowers of) any event described in clause (i) or (ii) above and such designation will not, in such Lender’s 's sole judgment, be otherwise disadvantageous to such Lender.

Mitigation of Circumstances; Replacement of Lenders. (a) Each Lender shall promptly notify the Co-Borrowers and the Administrative Agent of any event of which it has knowledge which will result in, and will use reasonable commercial efforts available to it (and not, in such Lender’s sole judgment, otherwise disadvantageous to such Lender) to mitigate or avoid, (i) any obligation by the Co-Borrowers to pay any amount pursuant to Sections 7.6 or 8.1 8.1, or (ii) the occurrence of any circumstances described in Sections 8.2 or 8.3 (and, if any Lender has given notice of any such event described in clause (i) or (ii) above and thereafter such event ceases to exist, such Lender shall promptly so notify the Co-Borrowers and the Administrative Agent). Without limiting the foregoing, each Lender will designate a different funding office if such designation will avoid (or reduce the cost to the Co-Borrowers of) any event described in clause (i) or (ii) above and such designation will not, in such Lender’s sole judgment, be otherwise disadvantageous to such Lender.