Mitigation. (a) Each Finance Party shall, in consultation with the Borrowers, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 (Illegality), Clause 12 (Tax Gross Up and Indemnities), Clause 13 (Increased Costs) or paragraph (a) of Clause 14.3 (Mandatory Cost) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office. (b) Paragraph (a) above does not in any way limit the obligations of any Obligor under the Finance Documents.
Appears in 7 contracts
Sources: Term Loan Facility Agreement (Castor Maritime Inc.), Term Loan Facility (Ardmore Shipping Corp), Term Loan Facility (Ardmore Shipping Corp)
Mitigation. (a) Each Finance Party shall, in consultation with the Borrowers, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 (IllegalityIllegality and Sanctions affecting a Lender), Clause 12 (Tax Gross Up and Indemnities), Clause 13 (Increased Costs) or paragraph (a) of Clause 14.3 (Mandatory Cost) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) above does not in any way limit the obligations of any Transaction Obligor under the Finance Documents.
Appears in 7 contracts
Sources: Facility Agreement (Navios Maritime Partners L.P.), Term Loan Facility (Navios Maritime Partners L.P.), Term Loan Facility (Navios Maritime Partners L.P.)
Mitigation. (a) Each Finance Party shall, in consultation with the BorrowersBorrower, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 (Illegality), Clause 12 14 (Tax Gross Up and Indemnities), ) or Clause 13 15 (Increased Costs) or paragraph paragraphs 3 and 4 (aas applicable) of Clause 14.3 Schedule 7 (Mandatory CostCost Formula) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) above does not in any way limit the obligations of any Obligor under the Finance Documents.
Appears in 6 contracts
Sources: Supplemental Agreement (Iridium Communications Inc.), Supplemental Agreement (Iridium Communications Inc.), Supplemental Agreement (Iridium Communications Inc.)
Mitigation. (a) Each Finance Party shall, in consultation with the BorrowersParent, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 (Illegality), Clause 12 (Tax Gross Up Gross-up and Indemnities), Clause 13 (Increased Costs) or paragraph (a) 3 of Clause 14.3 Schedule 4 (Mandatory CostCost Formula) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) above does not in any way limit the obligations of any Obligor under the Finance Documents.
Appears in 6 contracts
Sources: Credit Facilities Agreement (Gold Fields LTD), Credit Facility Agreement (Gold Fields LTD), Bridge Facility Agreement (Gold Fields LTD)
Mitigation. (a) Each Finance Party shall, in consultation with the BorrowersParent, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 (Illegality), Clause 12 (Tax Gross Up Gross-up and Indemnities), Clause 13 (Increased Costs) or paragraph (a) 3 of Clause 14.3 Schedule 4 (Mandatory CostCost Formulae) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) above does not in any way limit the obligations of any Obligor under the Finance Documents.
Appears in 5 contracts
Sources: Credit Facility Agreement, Credit Facility Agreement (Gold Fields LTD), Facility Agreement (Gold Fields LTD)
Mitigation. (a) Each Finance Party shall, in consultation with the Borrowers, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 8.1 (Illegality), Clause 12 14 (Tax Gross Up and Indemnities), Clause 13 15 (Increased Costs) or paragraph (a) of Clause 14.3 16.3 (Mandatory Cost) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) above does not in any way limit the obligations of any Obligor under the Finance Documents.
Appears in 4 contracts
Sources: Revolving and Accordion Facilities Agreement (Ardmore Shipping Corp), Term and Accordion Facilities Agreement (Ardmore Shipping Corp), Term, Revolving and Accordion Facilities Agreement (Ardmore Shipping Corp)
Mitigation. (a) Each Finance Party shall, in consultation with the BorrowersBorrower, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 8.1 (Illegality), Clause 12 11.2 (Tax Gross Up and IndemnitiesMarket disruption), Clause 13 (Increased CostsTax gross-up and indemnities) or paragraph Clause 14 (a) of Clause 14.3 (Mandatory Cost) Increased costs), including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) above does not in any way limit the obligations of any Obligor under the Finance Documents.
Appears in 4 contracts
Sources: Second Amendment and Restatement Agreement (Las Vegas Sands Corp), Third Amendment and Restatement Agreement (Las Vegas Sands Corp), Amendment and Restatement Agreement (Las Vegas Sands Corp)
Mitigation. (a) Each Finance Party shall, shall in consultation with the BorrowersBorrower, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant toto it under, or its Commitment cancelled pursuant to, any of the following Clauses: Clause 7.1 (Illegality), Clause 12 11 (Tax Gross Up and Indemnities) (other than Clause 11.6 (Indirect Tax), ) or Clause 13 12 (Increased Costs) or paragraph (a) of Clause 14.3 (Mandatory Cost) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) above does not in any way limit the obligations of any Obligor under the Finance DocumentsDocuments including under Clause 11 (Tax Gross Up and Indemnities).
Appears in 4 contracts
Sources: Senior Loan Note Subscription Agreement (Tritium DCFC LTD), Senior Loan Note Subscription Agreement (Tritium DCFC LTD), Senior Loan Note Subscription Agreement (Tritium DCFC LTD)
Mitigation. (a) Each Finance Party shall, in consultation with the BorrowersObligors, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 8.1 (Illegality), Clause 12 13 (Tax Gross Up gross-up and Indemnitiesindemnities), Clause 13 14 (Increased Costscosts) or paragraph (a) 3 of Clause 14.3 Schedule 4 (Mandatory CostCost formulae) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) above does not in any way limit the obligations of any Obligor under the Finance Documents.
Appears in 4 contracts
Sources: Facility Agreement (Midamerican Energy Holdings Co /New/), Facility Agreement (Midamerican Energy Holdings Co /New/), Facility Agreement (Standard Commercial Corp)
Mitigation. (a) Each Finance Party shall, in consultation with the BorrowersBorrower, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 8.1 (Illegality), Clause 12 (Tax Gross Up gross up and Indemnitiesindemnities), Clause 13 (Increased Costs) or paragraph (a) 3 of Clause 14.3 Schedule 4 (Mandatory CostCost formulae) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) above does not in any way limit the obligations of any Obligor under the Finance Documents.
Appears in 4 contracts
Sources: Multicurrency Revolving Facility Agreement (Anthracite Capital Inc), Multicurrency Revolving Facility Agreement (Anthracite Capital Inc), Facility Agreement (Anthracite Capital Inc)
Mitigation. (a) Each Finance Party shall, in consultation with the BorrowersBorrower, take all reasonable steps to mitigate any circumstances which arise and which result or would result in the Facility ceasing to be available or any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 (Illegality), Clause 12 11 (Tax Gross Up and Indemnities), ) or Clause 13 12 (Increased Costs) or paragraph (a) of Clause 14.3 (Mandatory Cost) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) above does not in any way limit the obligations of any Obligor the Borrower or the Shareholder under the Finance Transaction Documents.
Appears in 3 contracts
Sources: Secured Term Loan Facility (Mohegan Tribal Gaming Authority), Secured Term Loan Facility, Secured Term Loan Facility
Mitigation. (a) Each Finance Party shall, in consultation with the Borrowers, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 (Illegality), Clause 12 (Tax Gross Up and Indemnities), Clause 13 (Increased Costs) or paragraph (a) of Clause 14.3 (Mandatory Cost) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) above does not in any way limit the obligations of any Transaction Obligor under the Finance Documents.
Appears in 3 contracts
Sources: Term Loan Facility Agreement (Icon Energy Corp), Facility Agreement (Global Ship Lease, Inc.), Facility Agreement (Navios Maritime Partners L.P.)
Mitigation. (a) Each Finance Party shall, in consultation with the BorrowersBorrower, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 (Illegality), Clause 7.2 (Further illegality), Clause 12 (Tax Gross Gross-Up and Indemnities), ) or Clause 13 (Increased Costs) or paragraph (a) of Clause 14.3 (Mandatory Cost) ), including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) above does not in any way limit the obligations of any Transaction Obligor under the Finance Documents.
Appears in 3 contracts
Sources: Loan Agreement (Norwegian Cruise Line Holdings Ltd.), Loan Agreement (Norwegian Cruise Line Holdings Ltd.), Loan Agreement (Norwegian Cruise Line Holdings Ltd.)
Mitigation. (a) Each Finance Party shall, in consultation with the BorrowersCompany, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 8.1 (Illegality), Clause 12 13 (Tax Gross Up gross up and Indemnitiesindemnities), or Clause 13 14 (Increased Costs) or paragraph (a) 3 of Clause 14.3 Schedule 4 (Mandatory CostCost Formulae) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) above does not in any way limit the obligations of any Obligor under the Finance Documents.
Appears in 3 contracts
Sources: Facilities Agreement (Sappi LTD), Credit Agreement (Sappi LTD), Credit Agreement (Sappi LTD)
Mitigation. (a) Each Finance Party shall, in consultation with the BorrowersCompany, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 12.1 (Illegality), Clause 12 17 (Tax Gross Up gross-up and Indemnitiesindemnities), Clause 13 18 (Increased Costscosts) or paragraph (a) 3 of Clause 14.3 Schedule 4 (Mandatory CostCost formulae) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) above does not in any way limit the obligations of any Obligor under the Finance Documents.
Appears in 3 contracts
Sources: Facilities Agreement (Syngenta Ag), Facilities Agreement (HeidelbergCement AG), Facilities Agreement (HeidelbergCement AG)
Mitigation. (a) Each Finance Party shall, in consultation with the BorrowersBorrower, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 8.1 (Illegality), Clause 12 14 (Tax Gross Up gross-up and Indemnities), indemnities) or Clause 13 15 (Increased Costs) or paragraph (a) of Clause 14.3 (Mandatory Costcosts) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate Facility Office or Facility Officebank or financial institution reasonably acceptable to the Borrower.
(b) Paragraph (a) above does not in any way limit the obligations of any Obligor the Borrower under the Finance Documents.
Appears in 3 contracts
Sources: Facility Agreement (Bunge Global SA), Revolving Facility Agreement (Bunge Global SA), Facility Agreement (Bungeltd)
Mitigation. (a) Each Finance Party shall, in consultation with the BorrowersCompany, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 8.1 (Illegality), Clause 12 13 (Tax Gross Up gross-up and Indemnities), indemnities) or Clause 13 14 (Increased Costscosts) or and paragraph (a) 3 of Clause 14.3 Schedule 4 (Mandatory CostCost Formulae) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) above does not in any way limit the obligations of any Obligor under the Finance Documents.
Appears in 3 contracts
Sources: Facility Agreement (Aon Corp), Facility Agreement (Aon Corp), Facility Agreement (Aon Corp)
Mitigation. (a) Each Finance Party shall, in consultation with the BorrowersBorrower, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 8.1 (Illegality), Clause 12 13 (Tax Gross Up gross-up and Indemnitiesindemnities), Clause 13 14.1 (Increased Costscosts) or paragraph (a) 3 of Clause 14.3 Schedule 4 (Mandatory CostCost formulae) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) above does not in any way limit the rights and obligations of any Obligor the Borrower under the Finance Documents.
Appears in 3 contracts
Sources: Credit Facility Agreement (Sap Ag), Credit Facility Agreement (Sap Ag), Credit Facility Agreement (Sap Aktiengesellschaft Systems Applications Products in Data)
Mitigation. (a) Each Finance Party shall, in consultation with the BorrowersBorrower, take all reasonable steps to mitigate (unless the Borrower expressly request it in writing not to do so) any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 (Illegality), Clause 12 (Tax Gross Up gross-up and Indemnities), indemnities) or Clause 13 (Increased Costs) or paragraph (a) of Clause 14.3 (Mandatory Costcosts) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) above does not in any way limit the obligations of any Obligor under the Finance Documents.
Appears in 2 contracts
Sources: Term Facility Agreement, Term Facility Agreement (KNOT Offshore Partners LP)
Mitigation. (a) Each Finance Party shall, in consultation with the BorrowersBorrower, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 (Illegality), Clause 12 (Tax Gross Up gross-up and Indemnitiesindemnities) (other than Clause 12.6 (Indirect Tax), ) or Clause 13 (Increased Costs) or paragraph (a) of Clause 14.3 (Mandatory Cost) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) above does not in any way limit the obligations of any Obligor under the Finance Documents.
Appears in 2 contracts
Sources: Facility Agreement (WNS (Holdings) LTD), Facility Agreement (WNS (Holdings) LTD)
Mitigation. (a) Each Finance Party shall, in consultation with the BorrowersCompany, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 (Illegality), Clause 12 (Tax Gross Up gross-up and Indemnitiesindemnities), Clause 13 (Increased Costscosts) or paragraph (a) 3 of Clause 14.3 Schedule 4 (Mandatory CostCost formulae) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) above does not in any way limit the obligations of any Obligor under the Finance Documents.
Appears in 2 contracts
Sources: Facility Agreement (Golden Telecom Inc), Facility Agreement (Golden Telecom Inc)
Mitigation. (a) Each Finance Party shall, if requested by and in consultation with the BorrowersCo-ordinator, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under under, or pursuant to, or cancelled pursuant to, any of Clause 7.1 (Illegality), Clause 12 (Tax Gross Up and IndemnitiesTaxes), Clause 13 (Increased Costs) or paragraph Clause 14 (aIllegality) of Clause 14.3 or Schedule 2 (Mandatory CostCost Formulae) including (but not limited to) transferring its rights and obligations under the Senior Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) above does not in any way limit the obligations of any Obligor under the Senior Finance Documents.
Appears in 2 contracts
Sources: Fleet Financing Facility Agreement (Avis Budget Group, Inc.), Avis Europe Interim Fleet Financing Facility Agreement (Avis Budget Group, Inc.)
Mitigation. (a) Each Finance Party shall, in consultation with the BorrowersBorrower, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 (Illegality), Clause 12 14 (Tax Gross Up gross-up and Indemnities), indemnities) or Clause 13 15 (Increased Costs) or paragraph (a) 3 of Clause 14.3 Schedule 4 (Mandatory CostCost formula) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) above does not in any way limit the obligations of any Obligor under the Finance Documents.
Appears in 2 contracts
Sources: Facility Agreement (Cascal N.V.), Facility Agreement (Gulfmark Offshore Inc)
Mitigation. (a) Each Finance Party shall, in consultation with the Borrowers, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 (IllegalityIllegality and Sanctions affecting a Lender), Clause 12 (Tax Gross Up and Indemnities), Clause 13 (Increased Costs) or paragraph (a) of Clause 14.3 (Mandatory Cost) ), including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) above does not in any way limit the obligations of any Transaction Obligor under the Finance Documents.
Appears in 2 contracts
Sources: Term Loan Facility Agreement (Navios Maritime Partners L.P.), Term Loan Facility (Navios South American Logistics Inc.)
Mitigation. (a) Each Finance Party shall, in consultation with the BorrowersBorrower, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 (Illegality), Clause 12 13 (Tax Gross Up gross-up and Indemnitiesindemnities), Clause 13 14 (Increased Costscosts) or paragraph (a) 3 of Clause 14.3 Schedule 4 (Mandatory CostCost Formula) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) above does not in any way limit the obligations of any Obligor the Borrower under the Finance Documents.
Appears in 2 contracts
Sources: Coface Facility Agreement (Globalstar, Inc.), Facility Agreement (Globalstar, Inc.)
Mitigation. (a) Each Finance Party shall, in consultation with the Borrowers, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 (Illegality), Clause 12 (Tax Gross Up and Indemnities), Clause 13 (Increased Costs) or paragraph (a) 3 of Clause 14.3 Schedule 4 (Mandatory CostCost Formulae) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) above does not in any way limit the obligations of any Obligor under the Finance Documents.
Appears in 2 contracts
Sources: Term Loan Facility (Ardmore Shipping Corp), Term Loan Facility (Ardmore Shipping Corp)
Mitigation. (a) Each Finance Party shall, in consultation with the Borrowers, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 (Illegality), Clause 12 11 (Tax Gross Up and Indemnities), Clause 13 12 (Increased Costs) or paragraph (a) of Clause 14.3 13.3 (Mandatory Cost) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) above does not in any way limit the obligations of any Transaction Obligor under the Finance Documents.
Appears in 2 contracts
Sources: Term Loan Facility (Global Ship Lease, Inc.), Term Loan Facility (Global Ship Lease, Inc.)
Mitigation. (a) Each Finance Party shall, in consultation with the BorrowersBorrower, take all reasonable steps to mitigate or remove any circumstances which arise and which would result in any amount becoming payable under or pursuant to, to Clause 13 (Tax gross-up and indemnities) or Clause 14 (Increased costs) or cancelled pursuant to, any of to Clause 7.1 8.1 (Illegality), Clause 12 (Tax Gross Up and Indemnities), Clause 13 (Increased Costs) or paragraph (a) of Clause 14.3 (Mandatory Cost) including (but not limited to) transferring its rights and obligations under the Finance Documents to another bank or financial institution acceptable to the Borrower or to an Affiliate or a Facility OfficeOffice in another jurisdiction.
(b) Paragraph (a) above does not in any way limit the obligations of any Obligor the Borrower under the Finance Documents.
Appears in 2 contracts
Sources: Credit Facility Agreement (Lafarge), Credit Facility Agreement (Lafarge)
Mitigation. (a) Each Finance Party shall, in consultation with the BorrowersBorrower, take all reasonable steps to mitigate or remove any circumstances which arise and which would result in any amount becoming payable under or pursuant to, to Clause 15 (Tax gross-up and indemnities) or Clause 16 (Increased costs) or cancelled pursuant to, any of to Clause 7.1 10.1 (Illegality), Clause 12 (Tax Gross Up and Indemnities), Clause 13 (Increased Costs) or paragraph (a) of Clause 14.3 (Mandatory Cost) including (but not limited to) transferring its rights and obligations under the Finance Documents to another bank or financial institution acceptable to the Borrower or to an Affiliate or a Facility OfficeOffice in another jurisdiction.
(b) Paragraph (a) above does not in any way limit the obligations of any Obligor the Borrower under the Finance Documents.
Appears in 2 contracts
Sources: Credit Facility Agreement (Lafarge), Credit Facility Agreement (Lafarge)
Mitigation. (a) Each Finance Party shall, in consultation with the BorrowersBorrower, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 7 (Illegality, Voluntary Prepayment and Cancellation) Clause 14 (Tax gross-up and indemnities), or Clause 12 (Tax Gross Up and Indemnities), Clause 13 15 (Increased Costs) or paragraph (a) of Clause 14.3 (Mandatory Costcosts) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) above does not in any way limit the obligations of any Obligor the Borrower under the Finance Documents.
Appears in 2 contracts
Sources: Facility Agreement (Nordic American Offshore Ltd.), Facility Agreement (Nordic American Offshore Ltd.)
Mitigation. (a) Each Finance Party shall, in consultation with the Borrowers, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 8.1 (Illegality), Clause 12 14 (Tax Gross Up and Indemnities), Clause 13 15 (Increased Costs) or paragraph (a16.3(a) of Clause 14.3 16.3 (Mandatory Cost) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) above does not in any way limit the obligations of any Obligor under the Finance Documents.
Appears in 2 contracts
Sources: Loan Agreement (Ardmore Shipping Corp), Loan Agreement (Ardmore Shipping Corp)
Mitigation. (a) Each Finance Party shall, in consultation with the Borrowers, take all reasonable steps to mitigate (unless the Borrowers expressly request it in writing not to do so) any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 (Illegality), Clause 12 (Tax Gross Up gross-up and Indemnities), indemnities) or Clause 13 (Increased Costs) or paragraph (a) of Clause 14.3 (Mandatory Costcosts) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) above does not in any way limit the obligations of any Obligor under the Finance Documents.
Appears in 2 contracts
Sources: Term and Revolving Facilities Agreement (KNOT Offshore Partners LP), Term and Revolving Facilities Agreement (KNOT Offshore Partners LP)
Mitigation. (a) Each Finance Party shall, in consultation with the BorrowersBorrower, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 (Illegality), Clause 12 (Tax Gross Up gross up and Indemnitiesindemnities), Clause 13 (Increased Costscosts) or paragraph (a) 3 of Clause 14.3 Schedule 4 (Mandatory CostCost Formulae) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) above does not in any way limit the obligations of any Obligor under the Finance Documents.
Appears in 2 contracts
Sources: Secured Facilities Agreement (Citigroup Inc), Secured Facilities Agreement (Citigroup Inc)
Mitigation. (a) Each Finance Party shall, in consultation with the BorrowersBorrower, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 6.1 (Illegality), Clause 12 11 (Tax Gross Up and Indemnities), Clause 13 12 (Increased Costs) or paragraph (a) 3 of Clause 14.3 Schedule 4 (Mandatory CostCost Formula) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) above does not in any way limit the obligations of any Obligor under the Finance Documents.
Appears in 2 contracts
Sources: Credit Agreement (DHT Holdings, Inc.), Credit Agreement (DHT Holdings, Inc.)
Mitigation. (a) Each Finance Party shall, in consultation with the BorrowersCompany, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 (Illegality), Clause 12 2 (Tax Gross Up gross-up and Indemnities), indemnities) (other than Clause 12.6 (Indirect Tax) or Clause 13 (Increased Costs) or paragraph (a) of Clause 14.3 (Mandatory Cost) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) above does not in any way limit the obligations of any Obligor under the Finance Documents.
Appears in 2 contracts
Sources: Facility Agreement (WNS (Holdings) LTD), Facility Agreement (WNS (Holdings) LTD)
Mitigation. (a) Each Finance Party shall, in consultation with the BorrowersBorrower, take all reasonable steps to mitigate any circumstances which arise and which would result in the Facility ceasing to be available or any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 (Illegality)) , Clause 11 (Tax gross-up and indemnities) or Clause 12 (Tax Gross Up and Indemnities), Clause 13 (Increased Costs) or paragraph (a) of Clause 14.3 (Mandatory Cost) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) above does not in any way limit the obligations of any Obligor the Borrower under the Finance Documents.
Appears in 2 contracts
Sources: Facility Agreement (Polestar Automotive Holding UK PLC), Facility Agreement (Polestar Automotive Holding UK PLC)
Mitigation. (a) Each Finance Party shall, in consultation with the BorrowersCompany, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant tounder, or cancelled pursuant to, any of Clause 7.1 13 (IllegalityTaxes), Clause 12 (Tax Gross Up and Indemnities), Clause 13 15 (Increased Costs) or paragraph and Clause 16 (a) of Clause 14.3 (Mandatory CostIllegality) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility OfficeOffice (which steps will include the transfer of its rights, benefits and obligations under the Finance Documents to another financial institution acceptable to the Company and willing to participate in the Facility).
(b) Paragraph (a) above does not in any way limit the obligations of any Obligor under the Finance Documents.
Appears in 2 contracts
Sources: Facility Agreement (Adecco Sa), Loan Agreement (Adecco Sa)
Mitigation. (a) Each Finance Party shall, in consultation with the BorrowersBorrower, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 (Illegality), Clause 12 (Tax Gross Up gross-up and Indemnitiesindemnities), Clause 13 (Increased Costscosts) or paragraph (a) 3 of Clause 14.3 Schedule 4 (Mandatory CostCost formula) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) above does not in any way limit the obligations of any Obligor under the Finance Documents.
Appears in 1 contract
Mitigation. (a) Each Finance Party shall, in consultation with the BorrowersBorrower, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 (Illegality), Clause 12 (Tax Gross Up gross-up and Indemnitiesindemnities), Clause 13 (Increased Costscosts) or paragraph (a) 3 of Clause 14.3 Schedule 4 (Mandatory CostCost formulae) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) above does not in any way limit the obligations of any Obligor the Borrower under the Finance Documents.
Appears in 1 contract
Sources: Facility Agreement (AstraZeneca Biopharmaceuticals Inc.)
Mitigation. (a) Each Finance Party shall, in consultation with the BorrowersBorrower, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause Clause 7.1 (Illegality), Clause 12 14 (Tax Gross Up gross-up and Indemnities), indemnities) or Clause 13 15 (Increased Costs) or paragraph (a) of Clause 14.3 (Mandatory Costcosts) including (but not limited toin relation to any circumstances which arise after the Amendment and Restatement Effective Date) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) above does not in any way limit the obligations of any Obligor under the Finance Documents.
Appears in 1 contract
Sources: Deed of Amendment Agreement (RISE Education Cayman LTD)
Mitigation. (a) Each Finance Party shall, in consultation with the BorrowersBorrower, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 (Illegality), Clause 12 13 (Tax Gross Up gross-up and Indemnitiesindemnities), Clause 13 14 (Increased Costscosts) or paragraph (a) 3 of Clause 14.3 Schedule 4 (Mandatory CostCost Formulae) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) above does not in any way limit the obligations of any Obligor under the Finance Documents.
Appears in 1 contract
Sources: Revolving Credit Facility Agreement (Central European Media Enterprises LTD)
Mitigation. (a) Each Finance Party shall, in consultation with the BorrowersCompany, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 10.1 (Illegality), Clause 12 15 (Tax Gross Up gross-up and Indemnitiesindemnities), Clause 13 16 (Tax gross-up and indemnities – Canadian Borrowers) or Clause 17 (Increased Costs) or paragraph (a) of Clause 14.3 (Mandatory Costcosts) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) above does not in any way limit the obligations of any Obligor under the Finance Documents.
Appears in 1 contract
Sources: Facility Agreement (Rio Tinto PLC)
Mitigation. (a) Each Finance Party shall, in consultation with the Borrowers, take all reasonable steps (for a period of fifteen (15) Business Days) to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of of: (i) Clause 7.1 7.3 (Mandatory prepayment – Illegality), ; (ii) Clause 12 (Tax Gross Up gross-up and Indemnitiesindemnities), ; and (iii) Clause 13 (Increased Costs) or paragraph (a) of Clause 14.3 (Mandatory Cost) ), including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility OfficeAffiliate.
(b) Paragraph (a) above does not in any way limit the obligations of any Obligor under the Finance Documents.
Appears in 1 contract
Sources: Term Loan Facility (Flex LNG Ltd.)
Mitigation. (a) Each Finance Party shall, in consultation with the BorrowersBorrower, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 10.1 (Illegality), Clause 12 15 (Tax Gross Up gross-up and Indemnitiesindemnities), Clause 13 16 (Increased Costscosts) or paragraph (a) 3 of Clause 14.3 Schedule 4 (Mandatory CostCost formulae) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) above does not in any way limit the obligations of any Obligor the Borrower under the Finance Documents.
Appears in 1 contract
Sources: Facility Agreement (AstraZeneca Biopharmaceuticals Inc.)
Mitigation. (a) Each Finance Party shall, in consultation with and at the Borrowersrequest of the Company, take all reasonable steps to mitigate any circumstances which arise and which would result in any Facility ceasing to be available or any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 13.1 (Illegality), Clause 12 20 (Tax Gross Up gross-up and Indemnities), indemnities) or Clause 13 21 (Increased Costs) or paragraph (a) of Clause 14.3 (Mandatory Cost) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) above does not in any way limit the obligations of any Obligor under the Finance Documents.
Appears in 1 contract
Mitigation. (a) Each Finance Party shall, in consultation with the BorrowersCompany, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or under, pursuant to, or cancelled pursuant to, any of Clause 7.1 8.1 (Illegality), Clause 12 13 (Tax Gross Up Gross-up and Indemnities), or paragraph 3 of Schedule 5 (Mandatory costs formulae) or Clause 13 14 (Increased Costs) or paragraph (a) of Clause 14.3 (Mandatory Cost) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) above does not in any way limit the obligations of any Obligor under the Finance Documents.
Appears in 1 contract
Mitigation. (a) Each Finance Party shall, in consultation with the BorrowersPrincipal Company, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 8.1 (Illegality), Clause 12 13 (Tax Gross Up gross-up and Indemnitiesindemnities), Clause 13 14 (Increased Costscosts) or paragraph (a) 3 of Clause 14.3 Schedule 4 (Mandatory CostCost formulae) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) above does not in any way limit the obligations of any Obligor Borrower under the Finance Documents.
Appears in 1 contract
Sources: Revolving Credit Facility Agreement (General Geophysics Co)
Mitigation. (a) Each Finance Party shall, in consultation with the BorrowersBorrower, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 (Illegality), Clause 12 (Tax Gross Up Up, Indemnities and IndemnitiesFATCA), Clause 13 (Increased Costs) or paragraph (a) of Clause 14.3 (Mandatory Cost) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) above does not in any way limit the obligations of any Transaction Obligor under the Finance Documents.
Appears in 1 contract
Sources: Term Loan Facility (DryShips Inc.)
Mitigation. (a) Each Finance Party shall, in consultation with the BorrowersBorrower, take all reasonable steps to mitigate any circumstances which arise and which would result in the Facility ceasing to be available or any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 (Illegality)) , Clause 12 8 (Tax Gross Up gross-up and Indemnities), indemnities) or Clause 13 (Increased Costs) or paragraph (a) of Clause 14.3 (Mandatory Cost) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) above does not in any way limit the obligations of any Obligor the Borrower under the Finance Documents.
Appears in 1 contract
Sources: Facility Agreement (Polestar Automotive Holding UK PLC)
Mitigation. (a) Each Finance Party shall, in consultation with the BorrowersBorrower, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 (Illegality), Clause 12 11 (Tax Gross Up Gross-up and Indemnities), ) or Clause 13 12 (Increased Costs) or paragraph (a) ), including in relation to any circumstances which arise following the date of Clause 14.3 (Mandatory Cost) including (but not limited to) this Agreement, transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) above does not in any way limit the obligations of any Obligor under the Finance Documents.
Appears in 1 contract
Sources: Senior Facility Agreement (Wanda Sports Group Co LTD)
Mitigation. (a) Each Finance Party shall, in consultation with the BorrowersBorrower, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 (Illegality), Clause 12 (Tax Gross Gross-Up and Indemnities), Clause 13 (Increased Costs) or paragraph (a) 3 of Clause 14.3 Schedule 4 (Mandatory CostCost Formula) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) above does not in any way limit the obligations Obligations of any Obligor under the Finance Documents.
Appears in 1 contract
Sources: Term Facility Agreement (Cadence Design Systems Inc)
Mitigation. (a) Each Finance Party shall, in consultation with the BorrowersObligors’ Agent, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 9.1 (Illegality), Clause 12 14 (Tax Gross Up gross-up and Indemnitiesindemnities), Clause 13 15 (Increased Costscosts) or paragraph (a) 3 of Clause 14.3 Schedule 4 (Mandatory CostCost Formulae) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) above does not in any way limit the obligations of any Obligor under the Finance Documents.
Appears in 1 contract
Mitigation. (a) Each Finance Party shall, in consultation with the BorrowersBorrower, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 (Illegality), Clause 12 (Tax Gross Up gross-up and Indemnitiesindemnities), Clause 13 (Increased Costscosts) or paragraph (a) 3 of Clause 14.3 Schedule 4 (Mandatory CostCost formulae) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) above does not in any way limit the obligations of any Obligor under the Finance Documents.
Appears in 1 contract
Sources: Facility Agreement (Central European Media Enterprises LTD)
Mitigation. (a) Each Finance Party shall, in consultation with the BorrowersBorrower or the Guarantor if no Borrower has acceded to the Agreement, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 7.3 (Illegality), Clause 12 13 (Tax Gross Up gross-up and Indemnities), indemnities) or Clause 13 14 (Increased Costs) or paragraph (a) of Clause 14.3 (Mandatory Costcosts) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) above does not in any way limit the obligations of any Obligor under the Finance Documents.
Appears in 1 contract
Sources: Amendment and Restatement Agreement (DHT Holdings, Inc.)
Mitigation. (a) Each Finance Party shall, in consultation with the BorrowersBorrower, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 10.1 (Illegality), Clause 12 15 (Tax Gross Up gross up and Indemnitiesindemnities), Clause 13 16 (Increased Costs) or paragraph (a) 3 of Clause 14.3 Schedule 4 (Mandatory CostCost formulae) including (but not limited to) transferring its rights and obligations under the Finance Transaction Documents to another Affiliate or Facility Office.
(b) Paragraph (a) above does not in any way limit the obligations of any Obligor under the Finance Transaction Documents.
Appears in 1 contract
Sources: Multicurrency Revolving Facility Agreement (Anthracite Capital Inc)
Mitigation. (a) Each Finance Party shall, in consultation with the BorrowersBorrower, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 (Illegality), Clause 12 (Tax Gross Up gross up and Indemnitiesindemnities), or Clause 13 (Increased Costs) or paragraph (a) 3 of Clause 14.3 Schedule 4 (Mandatory CostCost Formulae) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) above does not in any way limit the obligations of any Obligor under the Finance Documents.
Appears in 1 contract
Mitigation. (a) Each Finance Party shall, in consultation with the BorrowersBorrower, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 8.1 (Illegality), Clause 12 13 (Tax Gross Up gross up and Indemnitiesindemnities), Clause 13 14 (Increased Costscosts) or paragraph (a) 3 of Clause 14.3 Schedule 4 (Mandatory CostCost Formulae) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) above does not in any way limit the obligations of any Obligor under the Finance Documents.
Appears in 1 contract
Sources: Amendment Agreement (Citigroup Inc)
Mitigation. (a) Each Finance Party shall, in consultation with the Borrowers, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 (IllegalityIllegality and Sanctions Laws affecting a Lender), Clause 12 (Tax Gross Up and Indemnities), ) or Clause 13 (Increased Costs) or paragraph (a) of Clause 14.3 (Mandatory Cost) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) above does not in any way limit the obligations of any Transaction Obligor under the Finance Documents.
Appears in 1 contract
Mitigation. (a) Each Finance Party shall, in consultation with the BorrowersBorrower, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 (Illegality), Clause 12 (Tax Gross Up gross-up and Indemnitiesindemnities), Clause 13 12.6 (Increased Costscosts) or paragraph (a) of Clause 14.3 (Mandatory Costcost) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) above does not in any way limit the obligations of any Obligor under the Finance Documents.
Appears in 1 contract
Mitigation. (a) Each Finance Party shall, in consultation with the BorrowersBorrower, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 (Illegality), Clause 12 (Tax Gross Up and Indemnities), Clause 13 (Increased Costs) or paragraph (a) of Clause 14.3 (Mandatory Cost) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) above does not in any way limit the obligations of any Obligor under the Finance Documents.
Appears in 1 contract
Sources: Addendum to First Preferred Marshall Islands Mortgage (Ocean Rig UDW Inc.)
Mitigation. (a) Each Finance Party shall, in consultation with the BorrowersCompany, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 10.1 (Illegality), Clause 12 15 (Tax Gross Up gross-up and Indemnitiesindemnities), Clause 13 16 (Increased Costscosts) or paragraph (a) 3 of Clause 14.3 Schedule 4 (Mandatory CostCost formulae) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) above does not in any way limit the obligations of any Obligor under the Finance Documents.
Appears in 1 contract
Sources: Facility Agreement (Enodis PLC)
Mitigation. (a) Each Finance Party shall, in consultation with the BorrowersCompany, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 16.1 (Illegality), Clause 12 21 (Tax Gross Up and Indemnities), Clause 13 22 (Increased Costscosts) or paragraph (a) 3 of Clause 14.3 Schedule 4 (Mandatory CostCost formula) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate Affiliate, Facility Office or Facility OfficeDesignated Entity.
(b) Paragraph (a) above does not in any way limit the obligations of any Obligor under the Finance Documents.
Appears in 1 contract
Mitigation. (a) Each Finance Party shall, in consultation with the BorrowersBorrower, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 8.1 (Illegality), Clause 12 15 (Tax Gross Up gross-up and Indemnitiesindemnities), Clause 13 16.1 (Increased Costscosts) or paragraph (a) 3 of Clause 14.3 Schedule 4 (Mandatory CostCost formulae) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) above does not in any way limit the rights and obligations of any Obligor the Borrower under the Finance Documents.
Appears in 1 contract
Mitigation. (a) Each Finance Party shall, in consultation with the BorrowersBorrower, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 (Illegality), Clause 12 (Tax Gross Up and Indemnities), Clause 13 (Increased Costs) or paragraph (a) 3 of Clause 14.3 Schedule 4 (Mandatory CostCost Formulae) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) above does not in any way limit the obligations of any Obligor under the Finance Documents.
Appears in 1 contract
Mitigation. (a) Each Finance Party shall, in consultation with the BorrowersCompany, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 8.1 (Illegality), Clause 12 13 (Tax Gross Up gross-up and Indemnitiesindemnities), Clause 13 14 (Increased Costscosts) or paragraph (a) 3 of Clause 14.3 Schedule 4 (Mandatory CostCost Formulae) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) above does not in any way limit the obligations of any Obligor under the Finance Documents.
Appears in 1 contract
Mitigation. (a) Each Finance Party shall, in consultation with the BorrowersParent, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 (Illegality), Clause 12 14 (Tax Gross Up gross-up and Indemnities), indemnities) or Clause 13 15 (Increased Costs) or paragraph (a) 3 of Clause 14.3 Schedule 4 (Mandatory CostCost Formula) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) above does not in any way limit the obligations of any Obligor under the Finance Documents.
Appears in 1 contract
Mitigation. (a) Each Finance Party shall, in consultation with the BorrowersCompany, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 8.1 (Illegality), Clause 12 13 (Tax Gross Up gross-up and Indemnitiesindemnities), Clause 13 14 (Increased Costs) or paragraph (a) 3 of Clause 14.3 Schedule 4 (Mandatory CostCost formulae) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) above does not in any way limit the obligations of any Obligor under the Finance Documents.
Appears in 1 contract
Sources: Loan Agreement (Intercontinental Hotels Group PLC /New/)
Mitigation. (a) Each Finance Party shall, in consultation with the BorrowersBorrower, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 (Illegality), Clause 12 (Tax Gross Up Gross-up and Indemnities), ) or Clause 13 (Increased Costs) or paragraph (a) ), including in relation to any circumstances which arise following the date of Clause 14.3 (Mandatory Cost) including (but not limited to) this Agreement, transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) above does not in any way limit the obligations of any Transaction Obligor under the Finance Documents.
Appears in 1 contract
Sources: Facility Agreement (Advanced Technology (Cayman) LTD)
Mitigation. (a) Each Finance Party shall, in consultation with the BorrowersBorrower, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant tounder, or cancelled pursuant to, any of Clause 7.1 9.1 (Illegality), Clause 12 14 (Tax Gross Up and Indemnities), ) or Clause 13 15 (Increased Costs) or paragraph (a) 3 of Clause 14.3 Schedule 4 (Mandatory CostCost Formulae) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) above does not in any way limit the obligations of any Obligor under the Finance Documents.
Appears in 1 contract
Sources: Facility Agreement (British Sky Broadcasting Group PLC)
Mitigation. (a) Each Finance Party shall, in consultation with the Borrowers, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 (Illegality), Clause 12 13 (Tax Gross Up and Indemnities), Clause 13 14 (Increased Costs) or paragraph (a) of Clause 14.3 15.3 (Mandatory Cost) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) above does not in any way limit the obligations of any Transaction Obligor under the Finance Documents.
Appears in 1 contract
Mitigation. (a) Each Finance Party shall, in consultation with the BorrowersBorrower, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 (Illegality), Clause 12 (Tax Gross Up gross-up and Indemnities), indemnities) or Clause 13 (Increased Costs) or costs), paragraph (a) 3 of Clause 14.3 Schedule 4 (Mandatory CostCost formula) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) above does not in any way limit the obligations of any Obligor under the Finance Documents.
Appears in 1 contract
Mitigation. (a) Each Finance Party shall, in consultation with the BorrowersBorrower or the Guarantor if no Borrower has acceded to the Agreement, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 7.3 (Illegality), Clause 12 (Tax Gross Up gross-up and Indemnities), indemnities) or Clause 13 (Increased Costs) or paragraph (a) of Clause 14.3 (Mandatory Costcosts) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) above does not in any way limit the obligations of any Obligor under the Finance Documents.
Appears in 1 contract
Mitigation. (a) Each Finance Party shall, in consultation with the BorrowersObligors’ Agent, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 (Illegality), Clause 12 (Tax Gross Up gross up and Indemnitiesindemnities), Clause 13 (Increased Costs) or paragraph (a) 3 of Clause 14.3 Schedule 4 (Mandatory CostCost Formulae) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) above does not in any way limit the obligations of any Obligor under the Finance Documents.
Appears in 1 contract
Sources: Amending Agreement (Sappi LTD)
Mitigation. (a) Each Finance Party shall, in consultation with the BorrowersParent, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 8.1 (Illegality), Clause 12 13 (Tax Gross Up gross-up and Indemnities), indemnities) or Clause 13 14 (Increased Costscosts) or paragraph (a) 3 of Clause 14.3 Schedule 7 (Mandatory CostCosts formulae) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) above does not in any way limit the obligations of any Obligor under the Finance Documents.
Appears in 1 contract
Sources: Multicurrency Term and Revolving Facilities Agreement (Seawell LTD)
Mitigation. (a) Each Finance Party shall, in consultation with the BorrowersBorrower, take all reasonable steps to mitigate any circumstances which arise after the date of this Agreement and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 8.1 (Illegality), Clause 12 13 (Tax Gross Up gross-up and Indemnitiesindemnities), Clause 13 14 (Increased Costscosts) or paragraph (a) 3 of Clause 14.3 Schedule 4 (Mandatory CostCost Formulae) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) above does not in any way limit the obligations of any Obligor under the Finance Documents.
Appears in 1 contract
Mitigation. (a) Each Finance Party shall, in consultation with the BorrowersCompany, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 8.1 (Illegality), Clause 12 15 (Tax Gross Gross-Up and Indemnities), ) or Clause 13 16 (Increased Costs) or paragraph (a) 3 of Clause 14.3 Schedule 4 (Mandatory CostCost Formulae) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) above does not in any way limit the obligations of any Obligor under the Finance Documents.
Appears in 1 contract
Mitigation. (a) Each Finance Party shall, in consultation with the BorrowersBorrower, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 6.2 (Illegality), Clause 12 10 (Tax Gross Up Gross-up and Indemnities), Clause 13 11 (Increased Costscosts) or paragraph (a) 3 of Clause 14.3 SCHEDULE 8 (Mandatory CostCost Formula) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) above does not in any way limit the obligations of any Obligor under the Finance Documents.
Appears in 1 contract
Sources: Covered Export Credit Agreement (Hughes Network Systems, LLC)
Mitigation. (a) Each Finance Party shall, in consultation with the BorrowersIssuer, take all reasonable steps to mitigate any circumstances which arise and which would result in any Facility ceasing to be available or any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 10.1 (Illegality), Clause 12 16 (Tax Gross Gross-Up and Indemnities), ) or Clause 13 17 (Increased Costs) or paragraph (a) of Clause 14.3 (Mandatory Cost) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) above does not in any way limit the obligations of any Obligor under the Finance Documents.
Appears in 1 contract
Mitigation. (a) Each Finance Party shall, in consultation with the BorrowersCompany, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 8.1 (Illegality), Clause 12 13 (Tax Gross Up and Indemnities), Clause 13 14 (Increased Costs) or paragraph (a) 1 of Clause 14.3 Schedule 4 (Mandatory CostCost formulae) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) above does not in any way limit the obligations of any Obligor under the Finance Documents.
Appears in 1 contract
Mitigation. (a) Each Finance Party shall, in consultation with the BorrowersObligors’ Agent, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 9.1 (Illegality), Clause 12 14 (Tax Gross Up gross-up and Indemnitiesindemnities), Clause 13 15 (Increased Costscosts) or paragraph (a) 3 of Clause 14.3 Schedule 4 (Mandatory CostCost formulae) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) above does not in any way limit the obligations of any Obligor under the Finance Documents.
Appears in 1 contract
Mitigation. (a) Each Finance Party shall, in consultation with the BorrowersCompany, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 (Illegality), Clause 12 (Tax Gross Up gross up and Indemnitiesindemnities), Clause 13 (Increased Costscosts) or paragraph (a) 3 of Clause 14.3 Schedule 4 (Mandatory CostCost formulae) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) above does not in any way limit the obligations of any Obligor under the Finance Documents.
Appears in 1 contract
Sources: Facility Agreement (Delhaize Group)