Mitigation. (a) Each Finance Party shall, in consultation with the 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 8.1 (Illegality), Clause 13 (Tax gross-up and indemnities), Clause 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. (b) Paragraph (a) above does not in any way limit the obligations of any Obligor under the Finance Documents.
Appears in 8 contracts
Sources: Term Loan Facilities Agreement, Term Loan Facilities Agreement (Linde AG), Facility Agreement (Best Buy Co Inc)
Mitigation. (a) Each Finance Party shall, in consultation with the 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 8.1 (Illegality), Clause 13 (Tax gross-up and indemnities), ) or Clause 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.
(b) Paragraph (a) above does not in any way limit the obligations of any Obligor under the Finance Documents.
Appears in 8 contracts
Sources: Multicurrency Term and Revolving Facilities Agreement (Xstrata PLC), Multicurrency Term and Revolving Facilities Agreement (Xstrata PLC), Multicurrency Term and Revolving Facilities Agreement (Xstrata PLC)
Mitigation. (a) Each Finance Party shall, in consultation with the 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 8.1 9.1 (Illegality), Clause 13 12 (Tax gross-up and indemnities), ) or Clause 14 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.
(b) Paragraph (a) above does not in any way limit the obligations of any Obligor under the Finance Documents.
Appears in 7 contracts
Sources: Syndicated Loan Agreement (Hillenbrand, Inc.), Syndicated L/G Facility Agreement (Hillenbrand, Inc.), Syndicated Loan Agreement (Hillenbrand, Inc.)
Mitigation. (a) Each Finance Party shall, in consultation with the CompanyBorrower, 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 8.1 7.1 (Illegality), Clause 13 12 (Tax gross-up and indemnities), ) or Clause 14 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.
(b) Paragraph (a) above does not in any way limit the obligations of any Obligor under the Finance Documents.
Appears in 6 contracts
Sources: Facility Agreement (Bristow Group Inc.), Facility Agreement (Bristow Group Inc.), Facility Agreement (Bristow Group Inc.)
Mitigation. (a) Each Finance Party shall, in consultation with the 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 8.1 9.1 (Illegality), Clause 13 14 (Tax gross-up and indemnities), ) or Clause 14 15 (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.
(b) Paragraph (a) above does not in any way limit the obligations of any Obligor under the Finance Documents.
Appears in 6 contracts
Sources: Debt Bridge Facility Agreement (Xstrata PLC), Debt Bridge Facility Agreement (Xstrata PLC), Debt Bridge Facility Agreement (Xstrata PLC)
Mitigation. (a) 16.1.1 Each Finance Party shall, in consultation with the CompanyBorrower, 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 8.1 7.1 (Mandatory prepayment - Illegality), Clause 13 (Tax grossGross-up and indemnities), Indemnities) or Clause 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 OfficeChanges in Costs).
(b) Paragraph (a) above does not in any way limit the obligations of any Obligor under the Finance Documents.
Appears in 6 contracts
Sources: Senior Facility Agreement (Lesaka Technologies Inc), Common Terms Agreement (Net 1 Ueps Technologies Inc), Common Terms Agreement (Net 1 Ueps Technologies Inc)
Mitigation. (a) Each Finance Party shall, in consultation with the CompanyBorrower, 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 8.1 7.1 (Illegality), Clause 13 (Tax gross-up Gross Up and indemnitiesIndemnities), Clause 14 (Increased costs) or paragraph 3 of Schedule 4 (Mandatory Cost formulaeCosts) 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 6 contracts
Sources: Facility Agreement (PT Indosat TBK), Facility Agreement (PT Indosat TBK), Facility Agreement (PT Indosat TBK)
Mitigation. (a) 15.1.1 Each Finance Party shall, in consultation with the CompanyBorrower, 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 8.1 12 (Illegality), Clause 13 (Tax gross-up and indemnities), Increased Costs) or Clause 14 (Increased costs) or paragraph 3 of Schedule 4 (Mandatory Cost formulae) including (Taxes), including, but not limited to) , transferring its rights and obligations under the Finance Financing Documents to another Affiliate 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: Project Financing Facility Agreement, Project Financing Facility Agreement (Mercer International Inc.), Project Financing Facility Agreement (Mercer International Inc.)
Mitigation. (a) Each Finance Party shall, in consultation with the CompanyBorrower, 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 8.1 7.1 (Illegality), Clause 13 12 (Tax gross-up and indemnities), ) or Clause 14 13.1 (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.
(b) Paragraph (a) above does not in any way limit the obligations of any Obligor the Borrower under the Finance Documents.
Appears in 5 contracts
Sources: Facility Agreement (Mobile Telesystems Ojsc), Facility Agreement (MTS Inc), Facility Agreement (Mobile Telesystems Ojsc)
Mitigation. (a) Each Finance Party shall, in consultation with the CompanyBorrower, 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 8.1 7.1 (Illegality), Clause 13 12 (Tax gross-up and indemnities), ) or Clause 14 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.
(b) Paragraph (a) above does not in any way limit the obligations of any Obligor the Borrower under the Finance Documents.
Appears in 5 contracts
Sources: Facility Agreement (Randgold Resources LTD), Facility Agreement (Aluminum Corp of China), Facility Agreement (Mobifon Holdings Bv)
Mitigation. (a) Each Finance Party shall, in consultation with the 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 8.1 9.1 (Illegality), Clause 13 14 (Tax gross-up and indemnities), ) or Clause 14 15 (Increased costs) or paragraph 3 of Schedule 4 (Mandatory Cost formulaeCosts) 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 (Marine Harvest ASA), Facility Agreement (Marine Harvest ASA), Facility Agreement (Marine Harvest ASA)
Mitigation. (a) Each Finance Party shall, in consultation with the CompanyBorrower, 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 8.1 (Illegality), Clause 11.2 (Market disruption), Clause 13 (Tax gross-up and indemnities), ) or Clause 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.
(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, in consultation with the 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 8.1 7.1 (Illegality), Clause 13 14 (Tax gross-up Gross Up and indemnities), Indemnities) or Clause 14 15 (Increased costs) or paragraph 3 of Schedule 4 (Mandatory Cost formulaeCosts) 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: Facilities Agreement (StarTek, Inc.), Facilities Agreement (StarTek, Inc.), Facilities Agreement (StarTek, Inc.)
Mitigation. (a) Each Finance Party shall, in consultation with the 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 8.1 (Illegality), Clause 13 (Tax gross-up and indemnities), ) or Clause 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.
(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 (H Lundbeck a S), Multicurrency Revolving Facilities Agreement (Gallaher Group PLC), Facilities Agreement (Analex Corp)
Mitigation. (a) Each Finance Party shall, in consultation with the 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 8.1 9.1 (Illegality), Clause 13 16 (Tax gross-up and indemnities), ) or Clause 14 17 (Increased costs) or paragraph 3 of Schedule 4 (Mandatory Cost formulaeCosts) 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 Facility Agreement (Nord Anglia Education, Inc.), Amendment and Restatement Agreement (Nord Anglia Education, Inc.), Revolving Facility Agreement (Nord Anglia Education, Inc.)
Mitigation. (a) Each Finance Party shall, in consultation with the CompanyBorrowers, 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 8.1 7.1 (Illegality), Clause 13 12 (Tax gross-up and indemnities), ) or Clause 14 13 (Increased costs) or paragraph 3 of Schedule 4 (Mandatory Cost formulaeCosts) 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 (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 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 8.1 9.1 (Illegality), Clause 13 14 (Tax gross-up and indemnities), ) or Clause 14 15 (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.
(b) Paragraph (a) above does not in any way limit the obligations of any Obligor under the Finance Documents.
Appears in 3 contracts
Sources: Amendment and Restatement Agreement (Cboe Global Markets, Inc.), Amendment and Restatement Agreement (Cboe Global Markets, Inc.), Amendment and Restatement Agreement (Cboe Global Markets, Inc.)
Mitigation. (a) Each Finance Party shall, in consultation with the CompanyBorrower, 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 8.1 (Illegality), Clause 13 10 (Tax gross-up and indemnities), ) or Clause 14 11 (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.
(b) Paragraph (a) above of this Clause 13.1 does not in any way limit the obligations of any Obligor under the Finance Documents.
Appears in 3 contracts
Sources: Pre Export Finance Agreement (Votorantim Pulp & Paper Inc), Pre Export Finance Agreement (Votorantim Pulp & Paper Inc), Pre Export Finance Agreement (Votorantim Pulp & Paper Inc)
Mitigation. (a) Each Finance Party shall, in consultation with the 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 8.1 (Illegality), Clause 13 (Tax gross-gross up and indemnities), or Clause 14 (Increased costsCosts) or paragraph 3 of Schedule 4 (Mandatory Cost formulaeFormulae) 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 CompanyBorrowers, 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 8.1 7.3 (Illegality), Clause 13 12 (Tax gross-up and indemnities), ) or Clause 14 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.
(b) Paragraph (a) above does not in any way limit the obligations of any Obligor under the Finance Documents.
Appears in 3 contracts
Sources: Term Loan Facilities Agreement (DHT Holdings, Inc.), Term Loan Facility Agreement (DHT Holdings, Inc.), Term Loan Facility Agreement (DHT Holdings, Inc.)
Mitigation. (a) Each Finance Party shall, in consultation with the 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 8.1 12.1 (Illegality), Clause 13 17 (Tax gross-up and indemnities), Clause 14 18 (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.
(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 CompanyBorrowers, 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 8.1 clause 7.1 (Illegality), Clause 13 clause 12 (Tax gross-up and indemnities), Clause 14 ) or clause 13 (Increased costs) or paragraph 3 of Schedule 4 (Mandatory Cost formulaeCosts) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (aClause 15.1(a) above does not in any way limit the obligations of any Obligor under the Finance Documents.
Appears in 3 contracts
Sources: Facility Agreement (Navigator Holdings Ltd.), Facilities Agreement (Navigator Holdings Ltd.), Loan Agreement (Navigator Holdings Ltd.)
Mitigation. (a) Each Finance Party shall, in consultation with the 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 8.1 7.1 (Illegality), Clause 13 12 (Tax gross-up and indemnities), ) or Clause 14 13 (Increased costs) or paragraph 3 of Schedule 4 (Mandatory Cost formulaeCosts) 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: Revolving Senior Secured Credit Facility Agreement (Gold Fields LTD), Facility Agreement (Solutia Inc), Facility Agreement (Solutia Inc)
Mitigation. (a) Each Finance Party shall, in consultation with the 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 8.1 (Illegality), Clause 13 (Tax gross-up and indemnities), ) or Clause 14 (Increased costs) or and paragraph 3 of Schedule 4 (Mandatory Cost formulaeFormulae) 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 Company, 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 8.1 (Illegality), Clause 13 (Tax gross-up and indemnities), ) or Clause 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.
(b) Paragraph (a) above does not in any way limit the obligations of any Obligor under the Finance Documents.
Appears in 3 contracts
Sources: Amendment Agreement (Coca-Cola HBC AG), Multicurrency Revolving Credit Facility Agreement (Misys PLC), Facility Agreement (Inveresk Research Group Inc)
Mitigation. (a) Each Finance Party shall, in consultation with the CompanyBorrower, 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 8.1 7.1 (Illegality), Clause 13 12 (Tax gross-up Gross Up and indemnitiesIndemnities), Clause 14 13 (Increased costsCosts) or paragraph 3 (a) of Schedule 4 Clause 14.3 (Mandatory Cost formulae) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility OfficeCost).
(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 (Grindrod Shipping Holdings Ltd.), Facility Agreement (Grindrod Shipping Holdings Pte. Ltd.), Facility Agreement (Scorpio Tankers Inc.)
Mitigation. (a) Each Finance Party shall, in consultation with the 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 8.1 7.1 (Illegality), Clause 13 12 (Tax gross-up and indemnities), ) or Clause 14 13 (Increased costs) or paragraph 3 of Schedule 4 (Mandatory Cost formulae) including (but not limited to) transferring or assigning 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 (Synnex Corp), Facility Agreement (Synnex Corp)
Mitigation. (a) Each Finance Party shall, in consultation with the CompanyBorrower, 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 8.1 7.1 (Illegality), Clause 13 12 (Tax gross-gross up and indemnities), ) or Clause 14 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.
(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 (TOM Group LTD), Facility Agreement (Tom Online Inc)
Mitigation. (a) Each Finance Party shall, in consultation with the CompanyBorrower, 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 8.1 9.1 (Illegality), Clause 13 14 (Tax gross-up Gross Up and indemnities), Indemnities) or Clause 14 15 (Increased costs) or paragraph 3 of Schedule 4 (Mandatory Cost formulaeCosts) 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: Bridge Facilities Agreement (Compagnie Maritime Belge NV), Bridge Facilities Agreement (Compagnie Maritime Belge NV)
Mitigation. (a) Each Finance Party shall, in consultation with the 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 8.1 (Illegality), Clause 13 (Tax gross-up and indemnities), or Clause 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.
(b) Paragraph (a) above does not in any way limit the obligations of any Primary Obligor under the Finance Documents.
Appears in 2 contracts
Sources: Syndicated Facility Agreement (Equinix Inc), Facility Agreement (Equinix Inc)
Mitigation. (a) Each Finance Party shall, in consultation with the 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 8.1 9.1 (Illegality), ) or Clause 13 16 (Tax gross-Gross up and indemnities), Clause 14 (Increased costs) or paragraph 3 of Schedule 4 (Mandatory Cost formulaeIndemnities) 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: Amendment and Restatement Agreement (Liberty Global PLC), Amendment and Restatement Agreement (Liberty Global PLC)
Mitigation. (a) Each Finance Party shall, in consultation with the 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 8.1 (Illegality), Clause 13 11 (Tax gross-up and indemnitiesTaxes), Clause 14 12 (Tax Receipts) 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.
(b) Paragraph (a) above does not in any way limit the obligations of any Obligor the Company under the Finance Documents.
Appears in 2 contracts
Sources: Standby Letter of Credit Facility Agreement (Montpelier Re Holdings LTD), £110,000,000 Standby Letter of Credit Facility Agreement (Montpelier Re Holdings LTD)
Mitigation. (a) Each Finance Party shall, in consultation with the CompanyBorrower, 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 8.1 7.1 (Illegality), Clause 13 14 (Tax gross-gross up and indemnities), ) or Clause 14 15 (Increased costs) or paragraph 3 of Schedule 4 (Mandatory Cost formulaeCosts) 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 Loan Party under the Finance Documents.
Appears in 2 contracts
Sources: Syndication and Amendment Agreement (Igate Corp), Facilities Agreement (Igate Corp)
Mitigation. (a) 16.1.1 Each Finance Party shall, in consultation with the CompanyBorrower, 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 8.1 (Illegality), Clause 13 (Tax gross-up and indemnities), ) or Clause 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).
(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 Credit Facilities Agreement, Term and Revolving Credit Facilities Agreement (Sibanye Gold LTD)
Mitigation. (a) Each Finance Party shallmust, in consultation with the Company, 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 being cancelled pursuant to, any of Clause 8.1 7.1 (Mandatory Prepayment – Illegality), Clause 12 (Tax Gross Up and Indemnities), Clause 13 (Tax gross-up and indemnities), Clause 14 (Increased costs) or paragraph 3 of Schedule 4 (Mandatory Cost formulaeCosts) including (but not limited to) without limitation 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 (IHS Holding LTD), Facility Agreement (IHS Holding LTD)
Mitigation. (a) Each Finance Party shall, in consultation with the CompanyBorrowers, 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 8.1 7.1 (Illegality), Clause 13 11 (Tax gross-up Gross Up and indemnities), Indemnities) or Clause 14 12 (Increased costs) or paragraph 3 of Schedule 4 (Mandatory Cost formulaeCosts) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a(a) above does not in any way limit the obligations of any Transaction Obligor under the Finance Documents.
Appears in 2 contracts
Sources: Facility Agreement (United Maritime Corp), Term Loan Facility (Seanergy Maritime Holdings Corp.)
Mitigation. (a) Each Finance Party shall, in consultation with the CompanyBorrower, 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 8.1 (Illegality), Clause 13 15 (Tax gross-up and indemnities) or Clause 16 (Increased Costs), Clause 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.
(b) Paragraph (a) above does not in any way limit the obligations of any Obligor under the Finance Documents.
Appears in 2 contracts
Sources: Amendment and Restatement Agreement (Melco Resorts & Entertainment LTD), Amendment and Restatement Agreement (STUDIO CITY INTERNATIONAL HOLDINGS LTD)
Mitigation. (a) Each Finance Party shall, in consultation with the 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 8.1 (Illegality), Clause 13 (Tax gross-up Gross Up and indemnities), Indemnities) Clause 14 (Increased costs) or paragraph 3 of Schedule 4 (Mandatory Cost formulaeCosts) 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: Multicurrency Revolving Facility Agreement (Markit Ltd.), Multicurrency Revolving Facility Agreement (Tercica Inc)
Mitigation. (a) 16.1.1 Each Finance Party shall, in consultation with the Company, 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 8.1 (IllegalityMandatory Prepayment - illegality), Clause 13 (Tax grossGross-up and indemnities), Indemnities) or Clause 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 OfficeCosts).
(b) Paragraph (a) above does not in any way limit the obligations of any Obligor under the Finance Documents.
Appears in 2 contracts
Sources: Facilities Agreement (MiX Telematics LTD), Facilities Agreement (PowerFleet, Inc.)
Mitigation. (a) Each Finance Party shall, in consultation with the CompanyBorrower, 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 8.1 7.1 (Illegality), Clause 13 (Tax gross-gross up and indemnities), ) or Clause 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.
(b) Paragraph (a) above does not in any way limit the obligations of any Obligor Party under the Finance Documents.
Appears in 2 contracts
Sources: Term Loan Facility Agreement (GDS Holdings LTD), Term Loan Facility Agreement (GDS Holdings LTD)
Mitigation. (a) Each Finance Party shall, in consultation with the CompanyObligors’ 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 8.1 9.1 (Illegality), Clause 13 14 (Tax gross-up and indemnities), ) or Clause 14 15 (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.
(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 (InterXion Holding N.V.), Facility Agreement (InterXion Holding N.V.)
Mitigation. (a) Each Finance Party shall, in consultation with the 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 8.1 (Illegality), Clause 13 (Tax gross-gross up and indemnities), Clause 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.
(b) Paragraph (a) above does not in any way limit the obligations of any Obligor under the Finance Documents.
Appears in 2 contracts
Sources: Senior Revolving Credit Facility Agreement, Senior Revolving Credit Facility Agreement (Logitech International Sa)
Mitigation. (aA) Each Finance Party shall, in consultation with the CompanyBorrower, 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 8.1 7.1 (Illegality), ) or Clause 13 11 (Tax gross-up and indemnities), Clause 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 OfficeAffiliate.
(bB) Paragraph (aClause 14.1(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 (Rockley Photonics Holdings LTD), Support Letter (Rockley Photonics Holdings LTD)
Mitigation. (a) Each Finance Party shall, in consultation with the 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 8.1 9.1 (Illegality), Clause 13 16 (Tax gross-up and indemnities), ) or Clause 14 17 (Increased costsCosts) or paragraph 3 5 of Schedule 4 (Mandatory Cost formulaeformula) 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: Senior Revolving Facility Agreement (Nord Anglia Education, Inc.), Senior Revolving Facility Agreement (Nord Anglia Education, Inc.)
Mitigation. (a) Each Finance Party shall, in consultation with the CompanyBorrowers, 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 8.1 7.1 (Illegality), Clause 13 11 (Tax gross-up Gross Up and indemnities), Indemnities) or Clause 14 12 (Increased costs) or paragraph 3 of Schedule 4 (Mandatory Cost formulaeCosts) 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 (United Maritime Corp), Facility Agreement (United Maritime Corp)
Mitigation. (a) Each Finance Party shall, in consultation with the 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 8.1 10.1 (Illegality), Clause 13 16 (Tax gross-up and indemnities), Clause 14 ) or 17 (Increased costs) or paragraph 3 of Schedule 4 (Mandatory Cost formulaeCosts) 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: Notes Purchase Agreement (Membership Collective Group Inc.), Notes Purchase Agreement (Membership Collective Group Inc.)
Mitigation. (a) Each Finance Party shall, in consultation with the 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 8.1 7.1 (Illegality), Clause 13 12 (Tax gross-up and indemnities), ) or Clause 14 13.1 (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.
(b) Paragraph (a) above does not in any way limit the obligations of any Obligor under the Finance Documents.
Appears in 2 contracts
Sources: Bond Bridge Facility Agreement (Coca-Cola HBC AG), Bond Bridge Facility Agreement (Coca-Cola HBC AG)
Mitigation. (a) 15.1.1 Each Finance Party shall, in consultation with the CompanyBorrower, 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 8.1 clause 7.1 (Illegality), Clause 13 clause 12 (Tax gross-up and indemnities), Clause 14 ) or clause 13 (Increased costsCosts) or paragraph 3 of Schedule 4 6 (Mandatory Cost 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: Supplemental Agreement (Navigator Holdings Ltd.), Facility Agreement (Navigator Holdings Ltd.)
Mitigation. (a) Each Finance Party shall, in consultation with the CompanyBorrowers, 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 8.1 7.1 (Illegality), Clause 13 14 (Tax gross-up and indemnities), ) or Clause 14 15 (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.
(b) Paragraph (a) above does not in any way limit the obligations of any Obligor under the Finance Documents.
Appears in 2 contracts
Sources: Senior Secured Credit Facilities Agreement, Senior Secured Credit Facilities Agreement (KNOT Offshore Partners LP)
Mitigation. (a) Each Finance Party shall, in consultation with the CompanyBorrower, 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 8.1 7.1 (Illegality), Clause 13 12 (Tax gross-up and indemnities), ) or Clause 14 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.
(b) Paragraph (a) above does not in any way limit the obligations of any Obligor the Company under the Finance Documents.
Appears in 2 contracts
Sources: Facility Agreement (Nordic Telephone CO ApS), Facility Agreement (Nordic Telephone CO ApS)
Mitigation. (aA) Each Finance Party shall, in consultation with the Company, 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 8.1 clause 8.2 (Illegality), Clause 13 clause 13.2 (Tax gross-up and indemnitiesup), Clause 14 clause 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.
(b) Paragraph (a) above does not in any way limit the obligations of any Obligor under the Finance Documents.clause
Appears in 2 contracts
Sources: Revolving Credit Facility Agreement (Kosmos Energy Ltd.), Revolving Credit Facility Agreement (Kosmos Energy Ltd.)
Mitigation. (a) Each Finance Party shall, in consultation with the 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 8.1 7.1 (Illegality), Clause 13 2 (Tax gross-up and indemnities), ) (other than Clause 14 12.6 (Indirect Tax) or Clause 13 (Increased costs) or paragraph 3 of Schedule 4 (Mandatory Cost formulaeCosts) 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 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 8.1 9.1 (Illegality), Clause 13 16 (Tax gross-Gross up and indemnities), Clause 14 (Increased costsIndemnities) or paragraph 3 of Schedule 4 Clause 16.9 (Mandatory Cost formulaeFATCA Deductions) 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: Super Senior Facilities Agreement (Liberty Global PLC), Senior Facilities Agreement (Liberty Global PLC)
Mitigation. (a) Each Finance Party shall, in consultation with the 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 8.1 (Illegality), Clause 13 (Tax gross-up and indemnitiesup), Clause 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.
(b) Paragraph (a) above does not in any way limit the obligations of any Obligor under the Finance Documents.
Appears in 2 contracts
Sources: Multicurrency Revolving Facility Agreement (Wolseley PLC), Multicurrency Revolving Facility Agreement (Wolseley PLC)
Mitigation. (a) Each Finance Party shall, in consultation with the CompanyBorrower, 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 8.1 (Illegality), Clause 13 (Tax gross-up and indemnities), ) or Clause 14 (Increased costs) or paragraph 3 of Schedule 4 (Mandatory Cost formulaeCosts) 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: Single Currency Revolving Facility Agreement (StoneX Group Inc.), Usd 75,000,000 Single Currency Revolving Facility Agreement (StoneX Group Inc.)
Mitigation. (a) Each Finance Party shall, in consultation with the CompanyBorrower, 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 8.1 8.1 (Illegality), Clause 13 13 (Tax gross-gross up and indemnities), ) or Clause 14 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.
(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 (NorthStar Healthcare Income, Inc.), Facility Agreement (Northstar Realty Finance Corp.)
Mitigation. (a) Each Finance Party shall, in consultation with the 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 8.1 (Illegality), Clause 13 (Tax gross-up Gross Up and indemnities), Indemnities) or Clause 14 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.
(b) Paragraph (a) above does not in any way limit the obligations of any Obligor under the Finance Documents.
Appears in 2 contracts
Sources: Mandate Letter, Term Loan Facilities Agreement
Mitigation. (a) Each Finance Party shall, in consultation with the 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 8.1 7.1 (Illegality), Clause 13 12 (Tax gross-up and indemnities), Clause 14 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.
(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, in consultation with the 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 8.1 11.1 (Illegality), Clause 13 18 (Tax grossGross-up Up and indemnities), Indemnities) or Clause 14 19.1 (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..
(b) Paragraph (a) above does not in any way limit the obligations of any Obligor under the Finance Documents.
Appears in 2 contracts
Sources: Revolving Facility Agreement (Manchester United PLC), Revolving Facility Agreement (Manchester United PLC)
Mitigation. (a) Each Finance Party shall, in consultation with the 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 8.1 7.1 (Illegality), Clause 13 8.5 (Minimum interest), Clause 12 (Tax gross-up and indemnities), ) or Clause 14 13.1 (Increased costs) or paragraph 3 of Schedule 4 (Mandatory Cost formulaeCosts) 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: Squeeze Out Facility Agreement (Coca-Cola HBC AG), Squeeze Out Facility Agreement (Coca-Cola HBC AG)
Mitigation. (a) Each Finance Party shall, in consultation with the CompanyBorrower, 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 8.1 7.1 (Illegality), Clause 13 12 (Tax gross-up and indemnities), ) or Clause 14 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.
(b) Paragraph (a) above does not in any way limit the obligations of any Obligor or BHL under the Finance Documents.
Appears in 2 contracts
Sources: Facility Agreement (Bristow Group Inc.), Facility Agreement (Bristow Group Inc.)
Mitigation. (a) Each Finance Party shall, in consultation with the CompanyBorrower, 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 8.1 7.3 (Illegality), Clause 13 12 (Tax gross-up and indemnities), ) or Clause 14 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.
(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 Agreement (DHT Holdings, Inc.), Term Loan Facility Agreement (DHT Holdings, Inc.)
Mitigation. (a) Each Finance Party shall, in consultation with the Company, 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 8.1 10.1 (Illegality), Clause 13 15 (Tax gross-up and indemnities), ) or Clause 14 16 (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.
(b) Paragraph (a) above does not in any way limit the obligations of any Obligor under the Finance Documents.
Appears in 2 contracts
Sources: Facilities Agreement (Coca-Cola Hellenic Bottling Co Sa), Term and Revolving Facilities Agreement (Sodexho Alliance S A)
Mitigation. (a) Each Finance Party shall, in consultation with the CompanyParent, 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 8.1 (Illegality), Clause 13 (Tax gross-up and indemnities), ) or Clause 14 (Increased costs) or paragraph 3 of Schedule 4 (Mandatory Cost formulaeCosts) 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: Bridge and Term Facilities Agreement (Magnum Ice Cream Co B.V.), Bridge and Term Facilities Agreement (Magnum Ice Cream Co B.V.)
Mitigation. (a) Each Finance Party shall, in consultation with the CompanyBorrowers, 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 8.1 7.1 (Illegality), Clause 12 (Tax Gross Up and Indemnities) or Clause 13 (Tax gross-up and indemnities), Clause 14 (Increased costs) or paragraph 3 of Schedule 4 (Mandatory Cost formulaeCosts) 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 (Dorian LPG Ltd.), Term Loan Facility (Dorian LPG Ltd.)
Mitigation. (a) Each Finance Party shall, in consultation with the Company, 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 8.1 9.1 (Illegality), Clause 13 14 (Tax grossGross-up Up and indemnities), Indemnities) or Clause 14 15 (Increased costs) or paragraph 3 of Schedule 4 (Mandatory Cost formulaeCosts) 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 Facilities and Revolving Credit Agreement (SGL Carbon Aktiengesellschaft), Term Facilities and Revolving Credit Agreement (SGL Carbon Aktiengesellschaft)
Mitigation. (a) Each Finance Party shall, in consultation with the CompanyGuarantor, 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 8.1 (Illegality), Clause 13 11 (Tax gross-up and indemnities), ) or Clause 14 12 (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.
(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 (Platinum Underwriters Holdings LTD), Facility Agreement (Platinum Underwriters Holdings LTD)
Mitigation. (a) Each Finance Party shall, in consultation with the CompanyBorrower, 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 8.1 7.1 (Illegality), Clause 13 12 (Tax gross-up and indemnities), Clause 14 13 (Increased costsCosts) or paragraph 3 of Schedule 4 (Mandatory Cost formulaeFormula) 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: Debtor in Possession Credit Agreement (Eagle Bulk Shipping Inc.), Credit Agreement (Eagle Bulk Shipping Inc.)
Mitigation. (a) 17.1.1 Each Finance Party shall, in consultation with the Company, 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 8.1 7.1 (Illegality), Clause 13 14 (Tax gross-up Gross Up and indemnities), Indemnities) or Clause 14 15 (Increased costs) or paragraph 3 of Schedule 4 (Mandatory Cost formulaeCosts) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) 17.1.2 Clause 17.1.1 above does not in any way limit the obligations of any Obligor under the Finance Documents.
Appears in 2 contracts
Sources: Revolving Credit Facility Agreement (Sibanye Stillwater LTD), Revolving Credit Facility Agreement (Sibanye Stillwater LTD)
Mitigation. (a) Each Finance Party shall, in consultation with the CompanyBorrower, 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 8.1 7.1 (Illegality), Clause 13 14 (Tax gross-up and indemnities), ) or Clause 14 15 (Increased costs) or paragraph 3 of Schedule 4 (Mandatory Cost formulaeCosts) 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 (Baring Asia Private Equity Fund v Co-Investment L.P.), Facility Agreement (Giant Interactive Group Inc.)
Mitigation. (a) Each Finance Party shall, in consultation with the CompanyBorrower, 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 8.1 9.1 (Illegality), Clause 13 14 (Tax gross-up and indemnities), ) or Clause 14 15 (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.
(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 (Cascal B.V.)
Mitigation. (a) Each Finance Party shall, in consultation with 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 8.1 9.1 (Illegality), Clause 13 16 (Tax gross-up and indemnities), ) or Clause 14 17 (Increased costs) or paragraph 3 of Schedule 4 (Mandatory Cost formulaeCosts) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a(a) above does not in any way limit the obligations of any Obligor under the Finance Documents.
Appears in 1 contract
Sources: Senior Facilities Agreement (Inspired Entertainment, Inc.)
Mitigation. (a) Each Finance Party shall, in consultation with the 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 8.1 7.1 (Illegality), Clause 13 14 (Tax grossGross-up and indemnitiesUp And Indemnities) or Clause 15 (Increased Costs), Clause 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.
(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 Facilities Agreement (Melco Crown Entertainment LTD)
Mitigation. (a) Each Finance Party shall, in consultation with the CompanyBorrower, 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 8.1 (Illegality), Clause 13 (Tax gross-up Gross Up and indemnities), Indemnities) or Clause 14 (Increased costs) or paragraph 3 of Schedule 4 (Mandatory Cost formulaeCosts) 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: Bridge Facilities Agreement (Compagnie Maritime Belge NV)
Mitigation. (a) Each Finance Party shall, in consultation with the CompanyBorrower, 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 8.1 7.3 (Illegality), Clause 13 12 (Tax gross-up and indemnities), ) or Clause 14 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.
. (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 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 8.1 (Illegality), Clause 13 (Tax gross-up Gross Up and indemnitiesIndemnities), Clause 14 (Increased costsCosts) or paragraph 3 1 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.
(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 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 8.1 7.1 (Illegality), Clause 13 12 (Tax gross-gross up and indemnities), Clause 14 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.
(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)
Mitigation. (a) Each Finance Party shall, in consultation with the 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 8.1 7.1 (IllegalityMandatory prepayment – illegality), Clause 12 (Tax Gross Up and Indemnities) or Clause 13 (Tax gross-up and indemnities), Clause 14 (Increased costs) or paragraph 3 of Schedule 4 (Mandatory Cost formulaeCosts) 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 Companyan affected Borrower, take all commercially reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable by that Borrower under or pursuant to, or cancelled pursuant to, any of Clause 8.1 (Illegality), Clause 13 12 (Tax gross-up and indemnities), ) or Clause 14 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.
(b) Paragraph (a) above does not in any way limit the obligations of any Obligor under the Finance Documents.
Appears in 1 contract
Sources: Mezzanine Facility Agreement (Concordia Bus Nordic AB)
Mitigation. (a) Each Finance Party shall, in consultation with the CompanyParent, 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 8.1 (Illegality), Clause 13 (Tax gross-up and indemnitiesGross Up), Clause 14 (Increased costs) or paragraph 3 of Schedule 4 (Mandatory Cost formulaeCosts) 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 CompanyAccount Party, 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 8.1 (Illegality), Clause clause 13 (Tax grossGross-up Up and indemnitiesIndemnities), Clause clause 14 (Increased costsCosts) or paragraph 3 of Schedule 4 clause 16 (Mandatory Cost formulaeIllegality) or 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 (Hanover Insurance Group, Inc.)
Mitigation. (a) Each Finance Party shall, in consultation with the CompanyBorrower, 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 8.1 9.1 (Illegality), Clause 13 14 (Tax gross-up and indemnities), ) or Clause 14 15 (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.
(b) Paragraph (aClause 17.1(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 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 8.1 7.1 (Illegality), Clause 12 (Tax Gross-Up and Indemnities), or Clause 13 (Tax gross-up and indemnities), Clause 14 (Increased costs) or paragraph 3 of Schedule 4 (Mandatory Cost formulaeCosts) 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
Mitigation. (a) 15.1.1 Each Finance Party shall, in consultation with the 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 8.1 7.1 (Illegality), Clause 13 12 (Tax gross-up and indemnities), Clause 14 13 (Increased costs) or paragraph 3 of Schedule 4 5 (Mandatory Cost formulaeFormulae) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) above 15.1.2 Clause 15.1.1 does not in any way limit the obligations of any Obligor under the Finance Documents.
Appears in 1 contract
Sources: Junior Facility Agreement (Endeavour International Corp)
Mitigation. (a) Each Finance Party shall, in consultation with the Company, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount (or increased amount) becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 8.1 9.1 (Illegality), Clause 13 14.2 (Tax gross-up and indemnities), Clause 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.
(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 Facilities Agreement (Pernod Ricard S a /Fi)
Mitigation. (a) Each Finance Party shall, in consultation with the CompanyObligors’ Agent, 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 8.1 (Illegality), Clause 13 (Tax gross-up Gross Up and indemnities), Indemnities) or Clause 14 (Increased costs) or paragraph 3 of Schedule 4 (Mandatory Cost formulaeCosts) 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 Revolving Facility Agreement (Innospec Inc.)
Mitigation. (a) Each Finance Party shall, in consultation with the Company, 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 8.1 (Illegality), Clause 13 (Tax gross-up and indemnities), ) or Clause 14 (Increased costs) or paragraph 3 of Schedule 4 (Mandatory Cost formulaeCosts) 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 CompanyBorrower, 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 8.1 clause 7.1 (Illegality), Clause 13 clause 14 (Tax gross-up Gross Up and indemnities), Clause 14 Indemnities) or clause 15 (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.
(b) Paragraph (aClause 17.1(a) above does not in any way limit the obligations of any Obligor under the Finance Documents.
Appears in 1 contract
Mitigation. (a) Each Notwithstanding Clause 28 (Conduct of business by the Lender), each Finance Party shall, in consultation with the CompanyBorrower, take all commercially 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 to Clause 8.1 (Illegality), Clause 13 14 (Tax gross-up and indemnities), Clause 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 OfficeLender Affiliate.
(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
Mitigation. (a) Each Finance Party shall, in consultation with the 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 8.1 9.1 (Illegality), Clause 13 16 (Tax gross-Gross up and indemnities), Clause 14 (Increased costsIndemnities) or paragraph 3 of Schedule 4 Clause 16.9 63529049_1 (Mandatory Cost formulaeFATCA Deductions) 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: Additional Facility Accession Agreement (Liberty Global PLC)
Mitigation. (a) Each Finance Party shall, in consultation with the 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 8.1 (Illegality), Clause 13 15 (Tax gross-up Gross Up and indemnities), Indemnities) or Clause 14 16 (Increased costs) or paragraph 3 of Schedule 4 (Mandatory Cost formulaeCosts) 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. (a1) Each Finance Party shall, in consultation with the CompanyBorrower, 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 8.1 clause 10.3(1) (Illegality), Clause 13 clause 14 (Tax gross-gross up and indemnities), Clause 14 ) or clause 15 (Increased costs) or paragraph 3 of Schedule 4 (Mandatory Cost formulae) ), including (but not limited to) to transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b2) Paragraph (aClause 17.1(1) 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 (Harmony Gold Mining Co LTD)
Mitigation. (a) Each Finance Party shall, in consultation with the CompanyObligors’ 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 8.1 7.1 (Illegality), Clause 13 12 (Tax gross-gross up and indemnities), Clause 14 13 (Increased costsCosts) or paragraph 3 of Schedule 4 (Mandatory Cost formulaeFormulae) 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 (Sappi LTD)
Mitigation. (a) Each Finance Party shall, in consultation with the CompanyBorrowers, 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 8.1 7.1 (Illegality), Clause 12 (Tax Gross Up and Indemnities) or Clause 13 (Tax gross-up and indemnities), Clause 14 (Increased costs) or paragraph 3 of Schedule 4 (Mandatory Cost formulaeCosts) 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 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 8.1 9.1 (Illegality), Clause 13 14 (Tax gross-up and indemnities), Clause 14 (Increased costs) or paragraph 3 (a) of Schedule 4 Clause 15.1 (Mandatory Cost formulae) 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 1 contract
Sources: Mgo Facility Agreement
Mitigation. (a) Each Finance Party shall, in consultation with the 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 8.1 (Illegality), Clause 13 (Tax gross-up and indemnities), Clause 14 (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.
(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 CompanyBorrower, 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 8.1 clause 7.1 (Illegality), Clause 13 clause 12 (Tax gross-up and indemnities), Clause 14 ) 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.
(b) Paragraph (a) above does not in any way limit the obligations of any Obligor under the Finance Documents.
Appears in 1 contract
Sources: Secured Revolving Facility Agreement (Klondex Mines LTD)
Mitigation. (a) Each Finance Party shall, in consultation with the CompanyObligors' 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 8.1 clause 6.1 (Illegality), Clause clause 12 (Tax Gross up and Indemnities) or clause 13 (Tax gross-up and indemnities), Clause 14 (Increased costs) or paragraph 3 of Schedule 4 (Mandatory Cost formulaeCosts) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (aClause 15.1(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 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 8.1 7.1 (Illegality), Clause 13 14 (Tax grossGross-up Up and indemnitiesIndemnities) or Clause 15 (Increased Costs), Clause 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.
(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 CompanyIssuer, 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 8.1 10.1 (Illegality), Clause 13 16 (Tax grossGross-up Up and indemnities), Indemnities) or Clause 14 17 (Increased costs) or paragraph 3 of Schedule 4 (Mandatory Cost formulaeCosts) 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