Mitigation. (a) Each Finance Party shall, in consultation with the Borrower, 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) or Clause 13 (Increased costs) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
Appears in 15 contracts
Samples: Assignment Agreement (Bristow Group Inc.), Facility Agreement (Bristow Group Inc.), Agreement (Nordic Telephone CO ApS)
Mitigation. (a) Each Finance Party shall, in consultation with the BorrowerBorrowers, 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 Indemnities), Clause 13 (Increased costsCosts) 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.
Appears in 9 contracts
Samples: Assignment Agreement (Ardmore Shipping Corp), Assignment Agreement (Ardmore Shipping Corp), Agreement (Global Ship Lease, Inc.)
Mitigation. (a) Each Finance Party shall, in consultation with the BorrowerCompany, 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) or Clause 13 14 (Increased costs) ), including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
Appears in 8 contracts
Samples: Facilities Agreement (Xstrata PLC), Facilities Agreement (Xstrata PLC), Facilities Agreement (Xstrata PLC)
Mitigation. (a) Each Finance Party shall, in consultation with the BorrowerCompany, 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 (Tax gross-up and indemnities) or Clause 13 (Increased costs) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
Appears in 7 contracts
Samples: Agreement (Hillenbrand, Inc.), Agreement (Hillenbrand, Inc.), Agreement (Hillenbrand, Inc.)
Mitigation. (a) Each Finance Party shall, in consultation with the BorrowerCompany, 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 13.1 (Increased costs) ), including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.):
Appears in 7 contracts
Samples: And Restatement Agreement (Alibaba Group Holding LTD), Facilities Agreement (Alibaba Group Holding LTD), Facility Agreement (Alibaba Group Holding LTD)
Mitigation. (a) Each Finance Party shall, in consultation with the BorrowerCompany, 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) or ), Clause 13 14 (Increased costs) or paragraph 3 of Schedule 4 (Mandatory Cost formulae) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
Appears in 7 contracts
Samples: Agreement (Mitchells & Butlers PLC), Agreement (Intercontinental Hotels Group PLC /New/), Facilities Agreement (Linde AG)
Mitigation. (a) Each Finance Party shall, in consultation with the Borrower, 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 indemnitiesIndemnities) or Clause 13 15 (Increased costsCosts) or paragraphs 3 and 4 (as applicable) of Schedule 7 (Mandatory Cost Formula) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
Appears in 6 contracts
Samples: Agreement (Iridium Communications Inc.), Supplemental Agreement (Iridium Communications Inc.), Confidential Treatment (Iridium Communications Inc.)
Mitigation. (a) 16.1.1 Each Finance Party shall, in consultation with the Borrower, 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 (Mandatory prepayment - Illegality), Clause 12 13 (Tax grossGross-up and indemnitiesIndemnities) or Clause 13 14 (Increased costs) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility OfficeChanges in Costs).
Appears in 6 contracts
Samples: Common Terms Agreement (Net 1 Ueps Technologies Inc), Common Terms Agreement (Lesaka Technologies Inc), Restatement Agreement (Net 1 Ueps Technologies Inc)
Mitigation. (a) Each Finance Party shall, in consultation with the BorrowerCompany, 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 and indemnities) or Clause 13 15 (Increased costs) ), including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
Appears in 6 contracts
Samples: Term Facilities Agreement (Xstrata PLC), Term Facilities Agreement (Xstrata PLC), Term Facilities Agreement (Xstrata PLC)
Mitigation. (a) Each Finance Party shall, in consultation with the BorrowerParent, 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 grossGross-up and indemnities) or Indemnities), Clause 13 (Increased costsCosts) or paragraph 3 of Schedule 4 (Mandatory Cost Formula) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
Appears in 6 contracts
Samples: Credit Facilities Agreement (Gold Fields LTD), Assignment Agreement (Sibanye Gold LTD), Assignment Agreement (Sibanye Gold LTD)
Mitigation. (a) Each Finance Party shall, in consultation with the Borrower, 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 indemnities) or Indemnities), Clause 13 14 (Increased costsCosts) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
Appears in 6 contracts
Samples: Facility Agreement (PT Indosat TBK), Facility Agreement (PT Indosat TBK), Facility Agreement (PT Indosat TBK)
Mitigation. (a) Each Finance Party shall, in consultation with the BorrowerBorrowers, 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 Gross Up and indemnities) or Indemnities), Clause 13 (Increased costsCosts) 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.
Appears in 6 contracts
Samples: Facility Agreement (Navios Maritime Partners L.P.), Agreement (Navios Maritime Partners L.P.), Facility Agreement (Navios Maritime Partners L.P.)
Mitigation. (a) 15.1.1 Each Finance Party shall, in consultation with the Borrower, 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) or ), Clause 13 (Increased costs) or Schedule 4 (Mandatory Cost formula) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility OfficeOffice or to another financial institution reasonably acceptable to the Borrower and the Agent.
Appears in 6 contracts
Samples: Facility Agreement (Hoegh LNG Partners LP), Agreement (Hoegh LNG Partners LP), Facility Agreement (Hoegh LNG Partners LP)
Mitigation. (a) Each Finance Party shall, in consultation with the Borrower, 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) or Clause 13 13.1 (Increased costs) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
Appears in 5 contracts
Samples: Agreement (Mobile Telesystems Ojsc), Agreement (MTS Inc), Agreement (Mobile Telesystems Ojsc)
Mitigation. (a) Each Finance Party shall, in consultation with the Borrower, 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 and indemnities) or Clause 13 16 (Increased costs) Costs), including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
Appears in 5 contracts
Samples: Intercreditor Agreement (Melco Crown Entertainment LTD), Amendment and Restatement Agreement (Melco Resorts & Entertainment LTD), Intercreditor Agreement (STUDIO CITY INTERNATIONAL HOLDINGS LTD)
Mitigation. (a) Each Finance Party shall, in consultation with the BorrowerCompany, 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 16 (Tax gross-up and indemnities) or Clause 13 17 (Increased costsCosts) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
Appears in 4 contracts
Samples: Intercreditor Agreement (Nord Anglia Education, Inc.), Intercreditor Agreement (Nord Anglia Education, Inc.), Intercreditor Agreement (Nord Anglia Education, Inc.)
Mitigation. (a) Each Finance Party shall, in consultation with the Borrower, 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-gross up and indemnities) or ), Clause 13 (Increased costsCosts) or paragraph 3 of Schedule 4 (Mandatory Cost formulae) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
Appears in 4 contracts
Samples: Agreement (Anthracite Capital Inc), Agreement (Anthracite Capital Inc), Multicurrency Revolving Facility Agreement (Anthracite Capital Inc)
Mitigation. (a) Each Finance Party shall, in consultation with the BorrowerBorrowers, 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) or Clause 13 (Increased costsCosts) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
Appears in 4 contracts
Samples: Facility Agreement (Seanergy Maritime Holdings Corp.), Facility Agreement (Seanergy Maritime Holdings Corp.), Facility Agreement (Seanergy Maritime Holdings Corp.)
Mitigation. (a) Each Finance Party shall, in consultation with the Borrower, 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 (Market disruption), Clause 13 (Tax gross-up and indemnities) or Clause 13 14 (Increased costs) ), including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
Appears in 4 contracts
Samples: Agreement (Las Vegas Sands Corp), Agreement (Las Vegas Sands Corp), Agreement (Las Vegas Sands Corp)
Mitigation. (a) Each Finance Party shall, in consultation with the Borrower, 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) or Clause 13 (Increased costs) ), including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.):
Appears in 4 contracts
Samples: Facility Agreement (China Security & Surveillance Technology, Inc.), Agreement (China Security & Surveillance Technology, Inc.), Facility Agreement (China XD Plastics Co LTD)
Mitigation. (a) Each Finance Party shall, in consultation with the Borrower, 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) or Clause 13 (Increased costs) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.), including:
Appears in 4 contracts
Samples: Agreement (PCGI Intermediate Holdings LTD), Senior Facilities Agreement (Net 1 Ueps Technologies Inc), Facility Agreement (PCGI Intermediate Holdings LTD)
Mitigation. (a) Each Finance Party shall, in consultation with the BorrowerCompany, 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 and indemnities) or Clause 13 15 (Increased costsCosts) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
Appears in 4 contracts
Samples: Facilities Agreement (Marine Harvest ASA), Facilities Agreement (Marine Harvest ASA), Facilities Agreement (Marine Harvest ASA)
Mitigation. (a) 13.10.1 Each Lender Finance Party shall, subject to clause 13.10.2 below, in consultation with the Borrower, 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 13.3, Clause 12 (Tax gross-up and indemnities) clause 13.6 or Clause 13 (Increased costs) clause 13.7 including (but not limited to) transferring its rights and obligations under the Finance Security Documents to another Affiliate or Facility Officean Affiliate.
Appears in 4 contracts
Samples: Loan Agreement (Teekay LNG Partners L.P.), Loan Agreement (Teekay LNG Partners L.P.), Loan Agreement (Teekay LNG Partners L.P.)
Mitigation. (a) Each Finance Party shall, shall in consultation with the Borrower, 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 Gross Up and indemnitiesIndemnities) (other than Clause 11.6 (Indirect Tax)) or Clause 13 12 (Increased costsCosts) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
Appears in 4 contracts
Samples: 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 Borrower, 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 grossGross-up Up and indemnitiesIndemnities) or Clause 13 (Increased costs) Costs), including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
Appears in 4 contracts
Samples: Sace Facility Agreement (Norwegian Cruise Line Holdings Ltd.), Sace Facility Agreement (Norwegian Cruise Line Holdings Ltd.), Sace Facility Agreement (Norwegian Cruise Line Holdings Ltd.)
Mitigation. (a) Each Finance Party shall, in consultation with the BorrowerCompany, 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 indemnitiesIndemnities) or Clause 13 15 (Increased costsCosts) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
Appears in 4 contracts
Samples: Facilities Agreement (StarTek, Inc.), Facilities Agreement (StarTek, Inc.), Senior Facilities Agreement (StarTek, Inc.)
Mitigation. (a) 15.1.1 Each Finance Party shall, in consultation with the Borrower, 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 (Illegality), Clause 12 13 (Tax gross-up and indemnitiesIncreased Costs) or Clause 13 14 (Increased costs) including (Taxes), including, but not limited to) , transferring its rights and obligations under the Finance Financing Documents to another Affiliate affiliate or Facility Office.
Appears in 4 contracts
Samples: Account Pledge Agreement (Mercer International Inc), Account Pledge Agreement (Mercer International Inc.), Mercer International Inc.
Mitigation. (a) Each Finance Party shall, in consultation with the BorrowerCompany, 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 clause 10.1 (Illegality), Clause 12 clause 17 (Tax gross-gross up and indemnities) or Clause 13 ), clause 18 (Increased costs) ), including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
Appears in 3 contracts
Samples: Facilities Agreement (Luxfer Holdings PLC), Facilities Agreement (Luxfer Holdings PLC), Senior Facilities Agreement (Luxfer Holdings PLC)
Mitigation. (a) Each Finance Party shall, in consultation with the BorrowerCompany, 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 8.1 (Illegality), Clause 12 13 (Tax gross-up and indemnities) or Clause 13 14 (Increased costs) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
Appears in 3 contracts
Samples: Agreement (Misys PLC), Facility Agreement (Coca-Cola HBC AG), Facilities Agreement (Inveresk Research Group Inc)
Mitigation. (a) 17.1.1 Each Finance Party shall, in consultation with the Borrower, 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 and indemnities) or Clause 13 15 (Increased costs) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
Appears in 3 contracts
Samples: And Restatement Agreement (MIE Holdings Corp), Shares Purchase Agreement (MIE Holdings Corp), Facility Agreement (Ivanhoe Energy Inc)
Mitigation. (aA) Each Finance Party shall, in consultation with the Original Borrower, take use all reasonable steps endeavours to mitigate or remove 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 clause 10.2 (Illegality), Clause 12 clause 15.2 (Tax gross-up and indemnities) or Clause 13 up), clause 16.1 (Increased costs) or clause 13.2 (Market disruption) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
Appears in 3 contracts
Samples: Facility Agreement (Kosmos Energy Ltd.), Facility Agreement (Kosmos Energy Ltd.), Facility Agreement (Kosmos Energy Ltd.)
Mitigation. (a) Each Finance Party shall, in consultation with the BorrowerObligors’ 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 13 (Tax gross-gross up and indemnities) or Clause 13 14 (Increased costs) ), including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
Appears in 3 contracts
Samples: Facility Agreement (GDS Holdings LTD), Facility Agreement (GDS Holdings LTD), Facility Agreement (GDS Holdings LTD)
Mitigation. (a) Each Finance Party shall, in consultation with the Borrower, 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) or Clause 13 14 (Increased costsCosts) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
Appears in 3 contracts
Samples: Assignment Agreement (StoneX Group Inc.), Facility Agreement (StoneX Group Inc.), StoneX Group Inc.
Mitigation. (a) Each Finance Party shall, in consultation with the Borrower, 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 and indemnities) or Clause 13 15 (Increased costs) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
Appears in 3 contracts
Samples: Cascal Facility Agreement (Cascal N.V.), Facility Agreement (Cascal B.V.), Agreement (Las Vegas Sands Corp)
Mitigation. (a) Each Finance Party shall, in consultation with the BorrowerBorrowers, 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 and indemnities) or Clause 13 (Increased costs) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
Appears in 3 contracts
Samples: Agreement (DHT Holdings, Inc.), Agreement (DHT Holdings, Inc.), Term Loan Facilities Agreement (DHT Holdings, Inc.)
Mitigation. (a) Each Finance Party shall, in consultation with the Borrower, 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) or ), Clause 13 14.1 (Increased costs) or paragraph 3 of Schedule 4 (Mandatory Cost formulae) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
Appears in 3 contracts
Samples: Credit Facility Agreement (Sap Ag), Agreement (Sap Aktiengesellschaft Systems Applications Products in Data), Credit Facility Agreement (Sap Ag)
Mitigation. (a) Each Finance Party shall, in consultation with the BorrowerBorrowers, 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 costsCosts) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
Appears in 3 contracts
Samples: Facility Agreement (Navios Maritime Partners L.P.), Assignment Agreement (Dorian LPG Ltd.), Assignment Agreement (Dorian LPG Ltd.)
Mitigation. (a) 17.1.1 Each Finance Party shall, in consultation with the Borrower, 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 clause 14 (Tax gross-up Gross Up and indemnitiesIndemnities), clause 15 (Increased Costs) or Clause 13 paragraph 3 of Schedule 5 (Increased costsMandatory Cost Formula) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
Appears in 3 contracts
Samples: Facilities Agreement (International Shipping Enterprises, Inc.), Agreement (Navios Maritime Holdings Inc.), Facilities Agreement (International Shipping Enterprises, Inc.)
Mitigation. (a) Each Finance Party shall, in consultation with the Borrower, take all reasonable steps to mitigate any circumstances which arise and which would result in all or any part of the Loan ceasing to be available or any amount becoming payable under or pursuant to, or cancelled pursuant to, to any of Clause 7.1 (Illegality), Clause 12 (Tax gross-up Gross Up and indemnitiesIndemnities) or Clause 13 (Increased costsCosts) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office. The above does not in any way limit the obligations of any Security Party under the Finance Documents.
Appears in 3 contracts
Samples: Loan Agreement (Safe Bulkers, Inc.), Loan Agreement (Safe Bulkers, Inc.), Loan Agreement (Safe Bulkers, Inc.)
Mitigation. (a) 22.1.1 Each Finance Party shall, in consultation with the BorrowerCompany, 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 11.1 (Illegality), Clause 12 19 (Tax gross-up and indemnities) or Clause 13 20 (Increased costs) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
Appears in 3 contracts
Samples: Agreement (Shire PLC), Agreement (Shuttle Corp), Facilities Agreement (Shire PLC)
Mitigation. (a) Each Finance Party shall, in consultation with the Borrower, 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 (Illegality), Clause 12 (Tax grossGross-up Up and indemnitiesIndemnities) or Clause 13 (Increased costsCosts) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.another:
Appears in 3 contracts
Samples: Agreement (Advanced Micro Devices Inc), Agreement (Advanced Micro Devices Inc), Agreement (Advanced Micro Devices Inc)
Mitigation. (a) Each Finance Party shall, in consultation with the BorrowerCompany, 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) or Clause 13 14 (Increased costs) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
Appears in 3 contracts
Samples: Multicurrency Revolving Facilities Agreement (Gallaher Group PLC), Facilities Agreement (Analex Corp), Multicurrency Revolving Facilities Agreement (Gallaher Group PLC)
Mitigation. (a) Each Finance Party shall, in consultation with the Borrower, 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 Indemnities), Clause 13 (Increased costsCosts) including or paragraph (but not limited toa) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Officeof Clause 14.3 (Mandatory Cost).
Appears in 3 contracts
Samples: Facility Agreement (Grindrod Shipping Holdings Pte. Ltd.), Assignment Agreement (Grindrod Shipping Holdings Ltd.), Facility Agreement (Scorpio Tankers Inc.)
Mitigation. (a) Each Finance Party shall, in consultation with the Borrower, 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) or ), Clause 13 (Increased costs) or paragraph 3 of Schedule 5 (Mandatory Cost Formulae) 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.
Appears in 3 contracts
Samples: Agreement (Bunge LTD), Agreement (Bunge LTD), Agreement (Bunge LTD)
Mitigation. (a) Each Finance Party shall, in consultation with the BorrowerBorrowers, 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 and indemnities) or Clause 13 (Increased costs) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
Appears in 3 contracts
Samples: Term and Revolving Facilities Agreement (KNOT Offshore Partners LP), Term and Revolving Facilities Agreement, Term and Revolving Facilities Agreement (KNOT Offshore Partners LP)
Mitigation. (a) Each Finance Party shall, in consultation with the Borrower, 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, to any of Clause 7.1 (Illegality), Clause 12 10 (Tax gross-up and indemnities) or Clause 13 11 (Increased costs) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
Appears in 3 contracts
Samples: Export Finance Agreement (Votorantim Pulp & Paper Inc), Export Finance Agreement (Votorantim Pulp & Paper Inc), Export Finance Agreement (Votorantim Pulp & Paper Inc)
Mitigation. (a) 17.1.1 Each Finance Party shall, in consultation with the Borrower, 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 15.1 (Increased costs) or paragraph 3 of Schedule 4 (Mandatory cost formula) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
Appears in 3 contracts
Samples: Assignment Agreement (Enstar Group LTD), Assignment Agreement (Enstar Group LTD), Assignment Agreement (Enstar Group LTD)
Mitigation. (a) Each Finance Party shall, in consultation with the Borrower, 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 Gross Up and indemnitiesIndemnities) or Clause 13 12 (Increased costsCosts) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
Appears in 3 contracts
Samples: Agreement, Agreement, Agreement (Mohegan Tribal Gaming Authority)
Mitigation. (a) Each Finance Party shall, in consultation with the Borrower, 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 10.1 (Illegality, termination of OeKB-refinancing), Clause 12 15 (Tax gross-gross up and indemnities) or Clause 13 16 (Increased costs) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility OfficeOffice or any other financial institution.
Appears in 2 contracts
Mitigation. (a) Each Finance Party shall, in consultation with the BorrowerObligors’ 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 and indemnities) or Clause 13 15 (Increased costs) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
Appears in 2 contracts
Samples: Intercreditor Agreement (InterXion Holding N.V.), Facility Agreement (InterXion Holding N.V.)
Mitigation. (a) Each Finance Party shall, in consultation with the BorrowerCompany, 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) or Clause 13 15 (Increased costsCosts) and Clause 16 (Illegality) 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).
Appears in 2 contracts
Samples: Facility Agreement (Adecco Sa), Agreement (Adecco Sa)
Mitigation. (a) Each Finance Party shall, in consultation with the Borrower, 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 clause 7.1 (Illegality), Clause clause 12 (Tax gross-up and indemnities) or Clause clause 13 (Increased costsCosts) including (but not limited to) assigning its rights or transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
Appears in 2 contracts
Mitigation. (a) Each Finance Party shall, in consultation with the BorrowerBorrowers, 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 indemnitiesIndemnities), Clause 15 (Increased Costs) or paragraph (a) of Clause 13 16.3 (Increased costsMandatory Cost) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
Appears in 2 contracts
Samples: Facilities Agreement (Ardmore Shipping Corp), Assignment Agreement (Ardmore Shipping Corp)
Mitigation. (a) Each Finance Party shall, in consultation with the BorrowerBorrowers, 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 11 (Tax Gross Up and Indemnities), Clause 12 (Tax gross-up and indemnitiesIncreased Costs) or paragraph (a) of Clause 13 13.3 (Increased costsMandatory Cost) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
Appears in 2 contracts
Samples: Assignment Agreement (Global Ship Lease, Inc.), Junior Facility Agreement (Global Ship Lease, Inc.)
Mitigation. (a) Each Finance Party shall, in consultation with the BorrowerGuarantor, 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 (Tax gross-up and indemnities) or Clause 13 12 (Increased costs) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
Appears in 2 contracts
Samples: Facility Agreement (Platinum Underwriters Holdings LTD), Assignment Agreement (Platinum Underwriters Holdings LTD)
Mitigation. (a) 15.1.1 Each Finance Party shall, in consultation with the Borrower, 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 clause 12 (Tax gross-up and indemnities) or Clause clause 13 (Increased costsCosts) or paragraph 3 of Schedule 6 (Mandatory Cost formulae) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
Appears in 2 contracts
Samples: Facility Agreement (Navigator Holdings Ltd.), Navigator Holdings Ltd.
Mitigation. (a) Each Finance Party shall, in consultation with the BorrowerCompany, 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) or Clause 13 (Increased costs) including (but not limited to) transferring or assigning its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
Appears in 2 contracts
Samples: Assignment Agreement (Synnex Corp), Facility Agreement (Synnex Corp)
Mitigation. (a) Each Finance Party shall, if requested by and in consultation with the BorrowerCo-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 12 (IllegalityTaxes), Clause 12 (Tax gross-up and indemnities) or Clause 13 (Increased costsCosts) or Clause 14 (Illegality) or Schedule 2 (Mandatory Cost Formulae) including (but not limited to) transferring its rights and obligations under the Senior Finance Documents to another Affiliate or Facility Office.
Appears in 2 contracts
Samples: Facility Agreement (Avis Budget Group, Inc.), Facility Agreement (Avis Budget Group, Inc.)
Mitigation. (a) 17.1.1 Each Finance Party shall, in consultation with the BorrowerCompany, 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 indemnitiesIndemnities) or Clause 13 15 (Increased costsCosts) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
Appears in 2 contracts
Samples: Amendment and Restatement Agreement (Sibanye Gold LTD), Facility Agreement (Sibanye Gold LTD)
Mitigation. (a) Each Finance Party shall, in consultation with the Borrower, 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 and indemnities) or Clause 13 (Increased costs) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
Appears in 2 contracts
Samples: Assignment Agreement (DHT Holdings, Inc.), Assignment Agreement (DHT Holdings, Inc.)
Mitigation. (a) 16.1.1 Each Finance Party shall, in consultation with the BorrowerCompany, take all reasonable steps to mitigate any circumstances which arise and which would result in a Facility ceasing to be available or any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 8.1 (IllegalityMandatory Prepayment - illegality), Clause 12 13 (Tax grossGross-up and indemnitiesIndemnities) or Clause 13 14 (Increased costs) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility OfficeCosts).
Appears in 2 contracts
Samples: Facilities Agreement (MiX Telematics LTD), Facilities Agreement (PowerFleet, Inc.)
Mitigation. (a) 15.1.1 Each Finance Party shall, in consultation with the Borrower, 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) or ), Clause 13 (Increased costs) or paragraph 3 of Schedule 4 (Mandatory Cost formulae) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
Appears in 2 contracts
Samples: Term Facility Agreement (Luxottica Group Spa), Cellcom Israel Ltd.
Mitigation. (a) Each Finance Party shall, in consultation with the Borrower, 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 costsCosts) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
Appears in 2 contracts
Samples: Facility Agreement (Giant Interactive Group Inc.), Facility Agreement (Baring Asia Private Equity Fund v Co-Investment L.P.)
Mitigation. (a) Each Finance Party shall, in consultation with the BorrowerCompany, 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 11 (Taxes), Clause 12 (Tax gross-up and indemnitiesReceipts) or Clause 13 (Increased costs) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
Appears in 2 contracts
Samples: Agreement (Montpelier Re Holdings LTD), Agreement (Montpelier Re Holdings LTD)
Mitigation. (a) 15.1.1. Each Finance Party shall, in consultation with the Original Borrower, 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) or Clause 13 (Increased costs) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office).
Appears in 2 contracts
Samples: Amendment and Restatement Agreement (Sibanye Gold LTD), Sibanye Gold LTD
Mitigation. (a) Each Finance Party shall, in consultation with the Borrower, 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) or ), Clause 13 (Increased costs) or paragraph 3 of Schedule 4 (Mandatory Cost Formulae) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
Appears in 2 contracts
Samples: Agreement (Citigroup Inc), 2 Term Facility Agreement (Citigroup Inc)
Mitigation. (a) Each Finance Party shall, in consultation with the Borrower, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or being cancelled pursuant to, any of Clause 7.1 (IllegalityIllegality of a Lender), Clause 12 11 (Tax gross-up and indemnities) or Clause 13 12 (Increased costsCosts) or paragraph 3 of Schedule 4 (Mandatory Cost formulae) including (but not limited to) transferring its rights and obligations under the Bridge Finance Documents to another an Affiliate or Facility Office.
Appears in 2 contracts
Samples: Agreement (Nordic Telephone CO ApS), Bridge Facility Agreement (Nordic Telephone CO ApS)
Mitigation. (a) Each Finance Party shall, in consultation with the BorrowerCompany, 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 11.1 (Illegality), Clause 12 18 (Tax grossGross-up Up and indemnitiesIndemnities) or Clause 13 19.1 (Increased costs) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office..
Appears in 2 contracts
Samples: Intercreditor Agreement (Manchester United PLC), Intercreditor Agreement (Manchester United PLC)
Mitigation. (a) Each Finance Party shall, in consultation with the Borrower, 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 clause 9.1 (Illegality), Clause 12 clause 14 (Tax gross-up and indemnities) or Clause 13 clause 15 (Increased costs), clause 16 (Other indemnities) or paragraph 3 of Schedule 6 (Mandatory Cost Formulae) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
Appears in 2 contracts
Samples: Agreement (Hoegh LNG Partners LP), Hoegh LNG Partners LP
Mitigation. (a) Each Finance Party shall, in consultation with the Borrower, 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) or ), Clause 13 14 (Increased costs) or paragraph 3 of Schedule 4 (Mandatory Cost Formula) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
Appears in 2 contracts
Samples: Coface Facility Agreement (Globalstar, Inc.), Coface Facility Agreement (Globalstar, Inc.)
Mitigation. (a) Each Finance Party shall, in consultation with the Borrower, 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 (Illegality), Clause 12 (Tax gross-up and indemnities) or ), Clause 13 (Increased costsCosts) or paragraph 3 of Schedule 4 (Mandatory Cost Formula) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
Appears in 2 contracts
Samples: Possession Credit Agreement (Eagle Bulk Shipping Inc.), Facility Agreement (Eagle Bulk Shipping Inc.)
Mitigation. (a) Each Finance Party shall, in consultation with the Borrower, 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 clause 4.1 (Illegality), Clause 12 clause 9 (Tax gross-up and indemnities) or Clause 13 clause 10 (Increased costs) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
Appears in 2 contracts
Samples: Assignment Agreement (Hamilton Insurance Group, Ltd.), Agreement (Hamilton Insurance Group, Ltd.)
Mitigation. (a) Each Finance Party shall, in consultation with the BorrowerObligors, 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 and indemnities) or Clause 13 18 (Increased costs) Costs), or in respect of Mandatory Cost, including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
Appears in 2 contracts
Samples: Facilities Agreement (Molson Coors Brewing Co), Facilities Agreement (Molson Coors Brewing Co)
Mitigation. (a) Each Finance Party shall, in consultation with the Borrower, 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 8.1 (Illegality), Clause 12 13 (Tax gross-gross up and indemnities) or Clause 13 14 (Increased costs) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
Appears in 2 contracts
Samples: Facility Agreement (Northstar Realty Finance Corp.), Facility Agreement (NorthStar Healthcare Income, Inc.)
Mitigation. (a) Each Finance Party shall, in consultation with the Borrower, 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) or Clause 13 13.1 (Increased costsCosts) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
Appears in 2 contracts
Samples: Facility Agreement (Mobile Telesystems Ojsc), Lillian Acquisition, Inc.
Mitigation. (a) 15.1.1 Each Finance Party shall, in consultation with the Borrower, 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 clause 12 (Tax gross-up and indemnities) or Clause clause 13 (Increased costs) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
Appears in 2 contracts
Samples: Agreement (Teekay Tankers Ltd.), Agreement (Teekay Tankers Ltd.)
Mitigation. (aA) Each Finance Party shall, in consultation with the Borrower, 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 (Illegality), Clause 12 (Tax grossGross-up Up and indemnitiesIndemnities) or Clause 13 (Increased costsCosts) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
Appears in 2 contracts
Samples: Facilities Agreement (Rentokil Initial PLC /Fi), Facilities Agreement (Rentokil Initial PLC /Fi)
Mitigation. (aA) Each Finance Party shall, in consultation with the Borrower, 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), ) or Clause 12 11 (Tax gross-up and indemnities) or Clause 13 (Increased costs) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility OfficeAffiliate.
Appears in 2 contracts
Samples: Agreement (Rockley Photonics Holdings LTD), Agreement (Rockley Photonics Holdings LTD)
Mitigation. (a) Each Finance Party shall, in consultation with the Borrower, 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 Indemnities), Clause 13 (Increased costsCosts) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
Appears in 2 contracts
Samples: Facility Agreement (PT Indosat TBK), Facility Agreement (PT Indosat TBK)
Mitigation. (a) Each Finance Party shall, in consultation with the BorrowerObligors’ 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-gross up and indemnities) or ), Clause 13 (Increased costsCosts) or paragraph 3 of Schedule 4 (Mandatory Cost Formulae) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
Appears in 2 contracts
Samples: Amending Agreement (Sappi LTD), Amending Agreement (Sappi LTD)
Mitigation. (a) Each Finance Party shall, shall in consultation with the Borrower, Borrower 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 grossGross-up Up and indemnitiesIndemnities) or Clause 13 (Increased costsCosts) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
Appears in 2 contracts
Samples: Agreement (Atlas Investissement), Agreement (Atlas Investissement)
Mitigation. (a) Each Finance Party shall, in consultation with the BorrowerBorrowers, take all reasonable but commercially prudent 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 7.1 (Illegality), Clause 12 11 (Tax gross-up Gross Up and indemnitiesIndemnities) or Clause 13 12 (Increased costsCosts) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
Appears in 2 contracts
Samples: Assignment Agreement (Seanergy Maritime Holdings Corp.), Assignment Agreement (United Maritime Corp)
Mitigation. (a) 15.1.1 Each Finance Party shall, in consultation with the any Borrower, 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) or ), Clause 13 (Increased costs) or paragraph 3 of Schedule 4 (Mandatory Cost formula) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
Appears in 2 contracts
Mitigation. (a) Each Finance Party shall, in consultation with the Borrower, 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 costsCosts) or paragraph 3 of Schedule 4 (Mandatory Cost formula) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
Appears in 2 contracts
Samples: Agreement (Cascal N.V.), Facility Agreement (Gulfmark Offshore Inc)
Mitigation. (a) Each Finance Party shall, in consultation with the Borrower, 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) or ), Clause 13 (Increased costs) or paragraph 3 of Schedule 4 (Mandatory Cost formulae) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
Appears in 2 contracts
Samples: Facility Agreement (AstraZeneca Biopharmaceuticals Inc.), Central European Media Enterprises LTD
Mitigation. (a) Each Finance Party shall, in consultation with the Borrower, 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-gross up and indemnities) or Clause 13 14 (Increased costs) ), including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
Appears in 2 contracts
Samples: Agreement (GDS Holdings LTD), Agreement (GDS Holdings LTD)
Mitigation. (a) Each Finance Party shall, in consultation with the BorrowerCompany, 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 grossGross-up and indemnitiesUp And Indemnities) or Clause 13 15 (Increased costs) Costs), including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
Appears in 2 contracts
Samples: And Restatement Agreement (Melco Crown Entertainment LTD), Facilities Agreement (Melco PBL Entertainment (Macau) LTD)
Mitigation. (a) Each Finance Party shall, in consultation with the Borrower, 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 11 (Tax gross-up and indemnities) or Clause 13 12 (Increased costsCosts) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
Appears in 2 contracts
Samples: Agreement (Polestar Automotive Holding UK PLC), Term Facility Agreement (Polestar Automotive Holding UK PLC)
Mitigation. (a) Each Finance Party shall, in consultation with the Borrower, 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 and indemnities) or Clause 13 (Increased costs) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
Appears in 2 contracts
Samples: Term Facility Agreement, Term Facility Agreement (KNOT Offshore Partners LP)
Mitigation. (a) Each Finance Party shall, in consultation with the Borrower, 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 10 (Changes to the calculation of interest), 12 (Tax gross-up and indemnities) or Clause 13 (Increased costsCosts) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
Appears in 2 contracts
Samples: Agreement (Mechel OAO), Facility Agreement (Mechel OAO)
Mitigation. (a) Each Finance Party shall, in consultation with the Borrower, 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-gross up and indemnities) or Clause 13 15 (Increased costsCosts) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
Appears in 2 contracts
Samples: Facilities Agreement (Igate Corp), Facilities Agreement (Igate Corp)
Mitigation. (a) Each Finance Party shall, in consultation with the BorrowerCompany, 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 costsCosts) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
Appears in 2 contracts
Samples: Amendment and Restatement Agreement (Markit Ltd.), Multicurrency Revolving Facility Agreement (Tercica Inc)
Mitigation. (a) Each Finance Party shall, in consultation with the BorrowerBorrowers, take all reasonable but commercially prudent 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 indemnitiesIndemnities) or Clause 13 12 (Increased costsCosts) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
Appears in 2 contracts
Samples: Facility Agreement (United Maritime Corp), Facility Agreement (United Maritime Corp)
Mitigation. (a) Each Finance Party shall, in consultation with the Borrower, 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, or cancelled pursuant to, any of to Clause 7.1 (Illegality), Clause 12 15 (Tax gross-up and indemnities) or Clause 13 16 (Increased costs) or cancelled pursuant to Clause 10.1 (Illegality) 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.
Appears in 2 contracts
Samples: Agreement (Lafarge), Agreement (Lafarge)
Mitigation. (a) Each Finance Party shall, in consultation with the Borrower, 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) or ), Clause 13 (Increased costs) or Schedule 4 (Mandatory Cost formula) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
Appears in 2 contracts
Samples: Single Currency Term Facility Agreement (Bristol Myers Squibb Co), Agreement (Bristol Myers Squibb Co)
Mitigation. (a) 18.1.1 Each Finance Party shall, in consultation with the Borrower, 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 clause 10.1 (Illegality), Clause 12 clause 15 (Tax gross-up and indemnities) or Clause 13 ), clause 15.1 (Increased costs) or paragraph 3 of Schedule 4 (Mandatory Cost Formulae) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
Appears in 2 contracts
Samples: Agreement (Mercer International Inc), Agreement (Mercer International Inc.)
Mitigation. (a) Each Finance Party shall, in consultation with the BorrowerBorrowers, 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) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
Appears in 2 contracts
Samples: Credit Facilities Agreement, Credit Facilities Agreement (KNOT Offshore Partners LP)
Mitigation. (a) Each Finance Party shall, in consultation with the Borrower, 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) (other than Clause 12.6 (Indirect Tax)) or Clause 13 (Increased costsCosts) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
Appears in 2 contracts
Samples: Facility Agreement (WNS (Holdings) LTD), Facility Agreement (WNS (Holdings) LTD)
Mitigation. (a) Each Finance Party shall, in consultation with the BorrowerCompany, 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) or up), Clause 13 14 (Increased costs) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
Appears in 2 contracts
Samples: Facility Agreement (Wolseley PLC), Agreement (Wolseley PLC)
Mitigation. (a) Each Finance Party shall, in consultation with the BorrowerBorrowers, 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 12 14 (Tax gross-up and indemnities) ), or Clause 13 15 (Increased costs) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
Appears in 2 contracts
Samples: Facility Agreement (DHT Holdings, Inc.), Facility Agreement (DHT Holdings, Inc.)