Common use of Mitigation Clause in Contracts

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 9.1 (Illegality), Clause 14 (Tax gross-up and indemnities) or Clause 15 (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 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 9.1 7.1 (Mandatory prepayment - Illegality), Clause 14 13 (Tax grossGross-up and indemnitiesIndemnities) or Clause 15 14 (Increased costsChanges in 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 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 9.1 7.1 (Illegality), Clause 13 (Tax Gross Up and Indemnities), Clause 14 (Tax gross-up and indemnitiesIncreased Costs) or Clause 15 (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 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) 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 9.1 7.1 (Illegality), Clause 14 12 (Tax gross-up and indemnities) or Clause 15 13 (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 6 contracts

Sources: Facility Agreement (Bristow Group Inc.), Facility Agreement (Bristow Group Inc.), Facility Agreement (Bristow Group Inc.)

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 9.1 12 (Illegality), Clause 14 13 (Tax gross-up and indemnitiesIncreased Costs) or Clause 15 14 (Increased costsTaxes), including (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 9.1 7.1 (Illegality), Clause 14 12 (Tax gross-up and indemnities) or Clause 15 13.1 (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 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 9.1 7.1 (Illegality), Clause 14 12 (Tax gross-up and indemnities) or Clause 15 13 (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 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 9.1 (Illegality), Clause 14 (Tax gross-up and indemnities) or Clause 15 (Increased costs), Costs) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office. (b) Paragraph (a) above does not in any way limit the obligations of any Obligor under the Finance Documents.

Appears in 4 contracts

Sources: 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 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 9.1 8.1 (Illegality), Clause 14 13 (Tax gross-up and indemnities) or Clause 15 14 (Increased costs), ) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office. (b) Paragraph (a) above does not in any way limit the obligations of any Obligor under the Finance Documents.

Appears in 4 contracts

Sources: Multicurrency Revolving Facility Agreement (H Lundbeck a S), Multicurrency Revolving Facilities Agreement (Gallaher Group PLC), Facilities Agreement (Analex Corp)

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 9.1 7.1 (Illegality), Clause 14 12 (Tax gross-up and indemnities) or ), Clause 15 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. (b) Paragraph (a) 15.1.2 Clause 15.1.1 above does not in any way limit the obligations of any Obligor the Borrower under the Finance Documents.

Appears in 4 contracts

Sources: Facility Agreement, Facility Agreement, Facility Agreement (Hoegh LNG Partners LP)

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 9.1 7.1 (Illegality), Clause 14 12 (Tax gross-up and indemnities) or Clause 15 13 (Increased costs), Costs) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office. (b) Paragraph (a) above does not in any way limit the obligations of any Obligor under the Finance Documents.

Appears in 4 contracts

Sources: 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 9.1 (Illegality), Clause 14 16 (Tax gross-up and indemnities) or Clause 15 17 (Increased costs), Costs) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office. (b) Paragraph (a) above does not in any way limit the obligations of any Obligor under the Finance Documents.

Appears in 4 contracts

Sources: 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 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 9.1 clause 10.1 (Illegality), Clause 14 clause 17 (Tax gross-gross up and indemnities) or Clause 15 ), clause 18 (Increased costs), including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office. (b) Paragraph (aClause 20.1(a) above does not in any way limit the obligations of any Obligor under the Finance Documents.

Appears in 3 contracts

Sources: Senior Facilities Agreement (Luxfer Holdings PLC), Senior Facilities Agreement (Luxfer Holdings PLC), Senior Facilities Agreement (Luxfer Holdings 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 9.1 ‎‎9.1 (Illegality), Clause 14 ‎‎14 (Tax gross-up and indemnities) or Clause 15 ‎‎15 (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 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, any of Clause 9.1 8.1 (Illegality), Clause 14 15 (Tax gross-up and indemnities) or Clause 15 16 (Increased costsCosts), 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 (STUDIO CITY INTERNATIONAL HOLDINGS LTD), Amendment and Restatement Agreement (STUDIO CITY INTERNATIONAL HOLDINGS LTD), Amendment and Restatement Agreement (Melco Crown Entertainment 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 9.1 7.1 (Illegality), Clause 14 13 (Tax gross-gross up and indemnities) or Clause 15 14 (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 Party under the Finance Documents.

Appears in 3 contracts

Sources: 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 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 9.1 (Illegality), Clause 14 10 (Tax gross-up and indemnities) or Clause 15 11 (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 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 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 9.1 12.1 (Illegality), Clause 14 ) or Clauses 17.1 (Tax gross-up and up) to 17.6 (Other indemnities) or Clause 15 (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 3 contracts

Sources: Financing Agreement, Financing Agreement (Cemex Sab De Cv), Financing Agreement (Cemex Sab De Cv)

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 9.1 7.1 (Illegality), Clause 14 12 (Tax gross-up and indemnities) or Clause 15 13 (Increased costs), 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 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 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 9.1 7.1 (Illegality), Clause 14 12 (Tax gross-up Gross Up and indemnitiesIndemnities), Clause 13 (Increased Costs) or paragraph (a) of Clause 15 14.3 (Increased costsMandatory Cost), including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office. (b) Paragraph (a) above does not in any way limit the obligations of any Transaction Obligor under the Finance Documents.

Appears in 3 contracts

Sources: Term Loan Facility (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 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 9.1 7.3 (Illegality), Clause 14 12 (Tax gross-up and indemnities) or Clause 15 13 (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 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 CompanyBorrower, 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 9.1 7.1 (Illegality), Clause 14 12 (Tax gross-up Gross Up and indemnitiesIndemnities) or Clause 15 13 (Increased costs), Costs) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office. (b) Paragraph (a) . The above does not in any way limit the obligations of any Obligor Security Party under the Finance Documents.

Appears in 3 contracts

Sources: Loan Agreement (Safe Bulkers, Inc.), Loan Agreement (Safe Bulkers, Inc.), Amending and Restating Agreement (Safe Bulkers, 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 9.1 clause 7.1 (Illegality), Clause 14 clause 12 (Tax gross-up and indemnities) or Clause 15 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. (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) 17.1.1 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 9.1 clause 7.1 (Illegality), Clause clause 14 (Tax gross-up Gross Up and indemnities) or Clause Indemnities), clause 15 (Increased costs), Costs) or paragraph 3 of Schedule 5 (Mandatory Cost Formula) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office. (b) Paragraph (a) above 17.1.2 Clause 17.1.1 does not in any way limit the obligations of any Obligor under the Finance Documents.

Appears in 3 contracts

Sources: Facilities Agreement (International Shipping Enterprises, Inc.), Facilities Agreement (Navios Maritime Holdings Inc.), Facilities Agreement (International Shipping Enterprises, 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 tounder, or cancelled pursuant to, any of Clause 9.1 7.1 (Illegality), Clause 14 12 (Tax gross-up Gross Up and indemnitiesIndemnities) or Clause 15 13 (Increased costs), 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 the Borrower under the Finance Documents.

Appears in 2 contracts

Sources: Facility Agreement (Chartered Semiconductor Manufacturing LTD), Facility Agreement (Chartered Semiconductor Manufacturing LTD)

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 any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 9.1 7.1 (Illegality), Clause 14 (Tax gross-up Gross Up and indemnitiesIndemnities) or Clause 15 (Increased costs), Costs) 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 Facility Agreement (Sibanye Gold LTD), Revolving Facility Agreement (Sibanye Gold 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 9.1 7.1 (Illegality), Clause 14 12 (Tax gross-up and indemnities) or Clause 15 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. (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 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 9.1 8.1 (Illegality), Clause 14 13 (Tax gross-up and indemnities) or Clause 15 14 (Increased costs), 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 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 9.1 7.1 (Illegality), Clause 14 12 (Tax gross-up Gross Up and indemnitiesIndemnities) or Clause 15 13 (Increased costs), 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 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 to, or cancelled pursuant to, any of Clause 9.1 10.1 (Illegality), Clause 14 16 (Tax gross-up and indemnities) or Clause 15 17 (Increased costs), 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 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 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 9.1 7 (Illegality), Voluntary Prepayment and Cancellation) Clause 14 (Tax gross-up and indemnities) ), or Clause 15 (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 the Borrower under the Finance Documents.

Appears in 2 contracts

Sources: Facility Agreement (Nordic American Offshore Ltd.), Facility Agreement (Nordic American Offshore Ltd.)

Mitigation. (a) Each Finance Party shall, in consultation with the 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 9.1 7.1 (Illegality), Clause 14 10 (Changes to the calculation of interest), 12 (Tax gross-up and indemnities) or Clause 15 13 (Increased costs), 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 the Borrower under the Finance Documents.

Appears in 2 contracts

Sources: Amendment and Restatement Agreement (Mechel OAO), Amendment and Restatement Agreement (Mechel OAO)

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 9.1 12.1 (Illegality), Clause 14 17 (Tax gross-up and indemnities) or Clause 15 18 (Increased costs), 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 2 contracts

Sources: Revolving Credit Facility Agreement (Magnum Ice Cream Co B.V.), Revolving Credit Facility Agreement (Magnum Ice Cream Co B.V.)

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 9.1 7.1 (Illegality), ) or Clause 14 11 (Tax gross-up and indemnities) or Clause 15 (Increased costs), 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. (ai) 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 9.1 7.1 (Illegality), Clause 14 12 (Tax gross-up and indemnities) or Clause 15 13 (Increased costs), ) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility OfficeOffice or New Lender. (bii) Paragraph (ai) 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 (Sterlite Industries (India) LTD), Facility Agreement (Sterlite Industries (India) 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 9.1 (Illegality), Clause 14 (Tax grossGross-up Up and indemnitiesIndemnities) or Clause 15 (Increased costs), 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 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 9.1 8.1 (Illegality), Clause 14 11 (Tax gross-up and indemnities) or Clause 15 12 (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 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 to, or cancelled pursuant to, any of Clause 9.1 7.1 (Illegality), Clause 14 (Tax gross-up and indemnities) or Clause 15 (Increased costs), 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 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 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 9.1 (Illegality), Clause 14 16 (Tax gross-Gross up and indemnitiesIndemnities) or Clause 15 16.9 (Increased costs), FATCA 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) 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 9.1 clause 7.1 (Illegality), Clause 14 clause 12 (Tax gross-up and indemnities) or Clause 15 clause 13 (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 15.1.2 Clause 15.1.1 does not in any way limit the obligations of any Obligor under the Finance Documents.

Appears in 2 contracts

Sources: Facility Agreement (Teekay Tankers Ltd.), Facility Agreement (Teekay Tankers 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 9.1 (Illegality), Clause 14 (Tax gross-up Gross Up and indemnitiesIndemnities) or Clause 15 (Increased costs), 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 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 9.1 8.1 (Illegality), Clause 14 13 (Tax gross-up and indemnities) ), or Clause 15 14 (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 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 9.1 7.1 (Illegality), Clause 14 12 (Tax gross-up and indemnities) or Clause 15 13.1 (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 2 contracts

Sources: Bond Bridge Facility Agreement (Coca-Cola HBC AG), Bond Bridge Facility Agreement (Coca-Cola HBC AG)

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 9.1 11.1 (Illegality), Clause 14 18 (Tax grossGross-up Up and indemnitiesIndemnities) or Clause 15 19.1 (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 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 9.1 8.1 (Illegality), Clause 14 13 (Tax gross-up Gross Up and indemnitiesIndemnities) or Clause 15 14.1 (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 2 contracts

Sources: Mandate Letter, Term Loan Facilities Agreement

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 9.1 8.1 (Illegality), Clause 14 13 (Tax gross-up and indemnities) or Clause 15 14 (Increased costs), 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 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 any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 9.1 7.1 (Illegality), Clause 14 12 (Tax gross-gross up and indemnities) or Clause 15 13 (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 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 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 9.1 8.1 (Illegality), Clause 13 (Tax Gross Up and Indemnities) Clause 14 (Tax gross-up and indemnitiesIncreased Costs) or Clause 15 (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 2 contracts

Sources: Multicurrency Revolving Facility Agreement (Markit Ltd.), Multicurrency Revolving Facility Agreement (Tercica 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 9.1 8.1 (Illegality), Clause 14 11 (Taxes), Clause 12 (Tax gross-up and indemnitiesReceipts) or Clause 15 13 (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 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 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 9.1 8.1 (Illegality), Clause 14 13 (Tax gross-up and indemnities) or Clause 15 14 (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 2 contracts

Sources: Facilities Agreement (Innospec Inc.), Amendment and Restatement Agreement (Octel 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 9.1 7.1 (Illegality), Clause 14 12 (Tax gross-up and indemnities) or Clause 15 13 (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 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 9.1 7.1 (Illegality), Clause 14 (Tax gross-gross up and indemnities) or Clause 15 (Increased costs), 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 Loan Party under the Finance Documents.

Appears in 2 contracts

Sources: Syndication and Amendment Agreement (Igate Corp), Facilities Agreement (Igate Corp)

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 9.1 7.1 (Illegality), Clause 14 11 (Tax gross-up Gross Up and indemnitiesIndemnities) or Clause 15 12 (Increased costs), 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 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 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 9.1 7.1 (Illegality), Clause 14 13 (Tax gross-gross up and indemnities) or Clause 15 14 (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 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 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 9.1 7.1 (Illegality), Clause 14 12 (Tax gross-up and indemnities) or Clause 15 13.1 (Increased costs), 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 the Borrower under the Finance Documents.

Appears in 2 contracts

Sources: Facility Agreement (Lillian Acquisition, Inc.), Facility Agreement (Mobile Telesystems Ojsc)

Mitigation. (a) Each Finance Party shall, in consultation with the CompanyShareholder, 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 9.1 10.3 (Illegality), Clause 14 12 (Tax grossGross-up and indemnitiesIndemnities) or Clause 15 14.1 (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 facility office. This Clause 16.1 does not in any way limit the obligations of any Obligor under the Finance Documents.

Appears in 2 contracts

Sources: Facility Agreement (Pangaea Logistics Solutions Ltd.), Facility Agreement (Quartet Holdco 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 9.1 7.1 (Illegality), Clause 14 (Tax gross-up and indemnities) or Clause 15 (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 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 9.1 Clause 7.1 (Illegality), Clause 14 (Tax gross-up and indemnities) or Clause 15 (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 2 contracts

Sources: Facility Agreement (WuXi PharmaTech (Cayman) Inc.), Facility Agreement (WuXi PharmaTech (Cayman) 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 9.1 7.3 (Illegality), Clause 14 12 (Tax gross-up and indemnities) or Clause 15 13 (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 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 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 9.1 8.1 (Illegality), Clause 14 15 (Tax gross-up and indemnities) or Clause 15 16 (Increased costsCosts), 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 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 9.1 14.1 (Illegality), Clause 14 15 (Tax gross-up and indemnities) or Clause 15 16 (Increased costs), 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 the Borrower under the Finance Documents.

Appears in 2 contracts

Sources: Loan Agreement (Western Wireless Corp), Loan Agreement (Western Wireless Corp)

Mitigation. (a) 17.1.1 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 9.1 (Illegality), Clause 14 (Tax gross-up and indemnities) or Clause 15 (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) 17.1.2 Sub-clause 17.1.1 above does not in any way limit the obligations of any Obligor the Borrower under the Finance Documents.

Appears in 2 contracts

Sources: Borrowing Base Facility Agreement (MIE Holdings Corp), Shares Purchase Agreement (MIE 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 9.1 7.1 (Illegality), Clause 14 12 (Tax gross-up and indemnities) or Clause 15 13 (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 the Company under the Finance Documents.

Appears in 2 contracts

Sources: Facility Agreement (Nordic Telephone CO ApS), Facility Agreement (Nordic Telephone CO ApS)

Mitigation. (a) Each Finance Party shall, shall in consultation with the Company, 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 9.1 7.1 (Illegality), Clause 14 12 (Tax grossGross-up Up and indemnitiesIndemnities) or Clause 15 13 (Increased costs), 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 the Borrower under the Finance Documents.

Appears in 2 contracts

Sources: Amendment and Restatement Agreement (Atlas Investissement), Facility Agreement (Atlas Investissement)

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 9.1 ‎7.1 (Illegality), Clause 14 ‎11 (Tax gross-up Gross Up and indemnitiesIndemnities) or Clause 15 ‎12 (Increased costs), Costs) 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 9.1 7.3 (Illegality), Clause 14 12 (Tax gross-up and indemnities) or Clause 15 13 (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: 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 9.1 8.1 (Illegality), Clause 14 15 (Tax gross-up Gross Up and indemnitiesIndemnities) or Clause 15 16 (Increased costs), 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: Fifth Amendment and Restatement Agreement

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 9.1 7.1 (Illegality), Clause 14 12 (Tax gross-up gross‑up and indemnitiesIndemnities) or Clause 15 13 (Increased costs), 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 the Borrower under the Finance Documents.

Appears in 1 contract

Sources: Second Lien Facility Agreement (Globalstar, Inc.)

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 9.1 (Illegality), Clause 14 12 (Tax gross-up and indemnities) or Clause 15 13 (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: Mezzanine Facility Agreement (Concordia Bus Nordic AB)

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 9.1 7.1 (Illegality), Clause 14 12 (Tax gross-gross up and indemnities) or Clause 15 13 (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: Facility Agreement (Delhaize Group)

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 9.1 (Illegality), Clause 14 (Tax gross-up and indemnities) or Clause 15 (Increased costs), ) 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

Sources: Amendment and Restatement Agreement (Cascal N.V.)

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 9.1 7.1 (Illegality), Clause 14 12 (Tax gross-up and indemnities) or ), Clause 15 13 (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 the Borrower under the Finance Documents.

Appears in 1 contract

Sources: Facility Agreement (PT Indosat TBK)

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 9.1 7.1 (Illegality), Clause 14 11 (Tax grossGross-up and indemnitiesIndemnities) or Clause 15 12 (Increased costs), Costs) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office. (b) Paragraph (aClause 14.1(a) above does not in any way limit the obligations of any Obligor the Company under the Finance Documents.

Appears in 1 contract

Sources: Term Facility Agreement

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 9.1 clause 7.1 (Illegality), Clause 14 clause 12 (Tax gross-up and indemnities) or Clause 15 clause 13 (Increased costs), ) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office. (b) Paragraph Sub-clause (a) above does not in any way limit the obligations of any Obligor the Borrower under the Finance Documents.

Appears in 1 contract

Sources: Facility Agreement (Videocon D2h 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, to any of Clause 9.1 7.1 (Illegality), Clause 14 12 (Tax gross-up Gross Up and indemnitiesIndemnities) or Clause 15 13 (Increased costs), Costs) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office. (b) Paragraph (a) . The above does not in any way limit the obligations of any Obligor Security Party under the Finance Documents.

Appears in 1 contract

Sources: Secured Loan Agreement (HC2 Holdings, 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 9.1 7.1 (Illegality), Clause 14 12 (Tax gross-up Gross Up and indemnities) or ), Clause 15 13 (Increased costs), 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: Term Loan Facility (Star Bulk Carriers 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 9.1 7.1 (Illegality), Clause 14 12 (Tax gross-up Gross Up and indemnities) or Indemnities), Clause 15 13 (Increased costs), 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 the Borrower under the Finance Documents.

Appears in 1 contract

Sources: Facility Agreement (PT Indosat TBK)

Mitigation. (a) Each Finance Party shall, in consultation with the CompanyBorrowers' 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 9.1 (Illegality), Clause 14 (Tax gross-up and indemnities) or Clause 15 (Increased costs), ) including (but not limited to) transferring its rights and obligations under the Finance Financing 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 Financing Documents.

Appears in 1 contract

Sources: Credit Agreement (Reh Mergersub Inc)

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 9.1 8.1 (Illegality), Clause 14 13 (Tax gross-gross up and indemnities) or Clause 15 14 (Increased costs), 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: Supplemental Agreement (Innospec Inc.)

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 9.1 clause 13 (Tax Gross-Up and Indemnities), clause 14 (Increased Costs) or clause 16 (Illegality), Clause 14 (Tax gross-up and indemnities) or Clause 15 (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: 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 tounder, or cancelled pursuant to, any of Clause 9.1 7.1 (Illegality), Clause 14 12 (Tax gross-up and indemnities), Clause13 Increased Costs) or Clause 15 paragraph 3 of Schedule 4 (Increased costs), Mandatory Cost Formula) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office. (b) Paragraph (a) above does not in any way limit the obligations of any Obligor under the Finance Documents.

Appears in 1 contract

Sources: Credit Agreement (Eagle Bulk Shipping Inc.)

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 9.1 8.1 (Illegality), Clause 14 13 (Tax gross-up Gross Up and indemnitiesIndemnities) or Clause 15 14 (Increased costs), 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: 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 9.1 8.1 (Illegality), Clause 14 13 (Tax gross-up and indemnities) or Clause 15 14 (Increased costs), 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: Amendment and Restatement Agreement (Misys 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 tounder, or cancelled pursuant to, any of Clause 9.1 10.1 (Mandatory Prepayment - Illegality), Clause 14 15 (Tax gross-gross up and indemnities) or Clause 15 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. (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 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 9.1 7.1 (Illegality), Clause 14 11 (Tax gross-up and indemnities) or Clause 15 12 (Increased costs), 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: Bridge Loan Facility Agreement (Lifezone Metals LTD)

Mitigation. (a) 17.1.1 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 9.1 7.1 (Illegality), Clause 14 (Tax gross-up and indemnities) or ), Clause 15 (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) 17.1.2 Sub-clause 17.1.1 above does not in any way limit the obligations of any Obligor under the Finance Documents.

Appears in 1 contract

Sources: Facility Agreement (Central European Distribution Corp)

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 9.1 (Illegality), Clause 14 (Tax gross-up and indemnities) or Clause 15 (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: Facilities Agreement (Octel Corp)

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 9.1 7.1 (Illegality), Clause 14 12 (Tax gross-up Gross Up and indemnitiesIndemnities), Clause 13 (Increased Costs) or Clause 15 (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 Transaction Obligor under the Finance Documents.

Appears in 1 contract

Sources: Facility Agreement (Globus Maritime LTD)

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 9.1 8.1 (Illegality), Clause 14 15 (Tax gross-up Gross‑Up and indemnitiesIndemnities) or Clause 15 16 (Increased costs), Costs) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office. . 95 (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 Term Facilities Agreement (NeoGames S.A.)

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 9.1 7.1 (Illegality), Clause 14 12 (Tax gross-gross up and indemnities) or Clause 15 13 (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: Facility Agreement (Navios Maritime Partners L.P.)

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 9.1 8.1 (Illegality), Clause 14 13 (Tax gross-gross up and indemnities) or Clause 15 14 (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. (b) Paragraph (a) above does not in any way limit the obligations of any Obligor under the Finance Documents.

Appears in 1 contract

Sources: Credit Agreement (Sappi 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 9.1 7.1 (Illegality), Clause 14 (Tax gross-up and indemnities) or Clause 15 13 (Increased costs), 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: Loan Agreement (Dorian LPG 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 9.1 7.1 (Illegality), Clause 14 11 (Tax gross-up and indemnities) or Clause 15 12 (Increased costsCosts), 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: Mezzanine Facility Agreement (American Realty Capital Global Trust II, Inc.)

Mitigation. (a1) Each Finance Party shall, 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 9.1 6.2.1 (Illegality), Clause 14 8.1 (Tax gross-gross up and indemnities) or Clause 15 8.2 (Increased costs), ) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office. (b2) Paragraph (a1) above does not in any way limit the obligations of any Obligor under the Finance Documents.

Appears in 1 contract

Sources: Facility Agreement (Central European Distribution 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 9.1 clause 7.1 (Illegality), Clause 14 clause 12 (Tax gross-up and indemnities) or Clause 15 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. (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

Sources: 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 9.1 (Illegality), Clause 14 (Tax gross-up and indemnities) or Clause 15 (Increased costs), ) 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

Sources: Amendment and Restatement Agreement (Cascal 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 9.1 10.1 (Illegality), Clause 14 (Tax gross-up and indemnities) or ), Clause 15 (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: Multipurpose Facilities Agreement (SunOpta 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 9.1 7.1 (Illegality), Clause 14 12 (Tax gross-up Gross Up and indemnitiesIndemnities) or Clause 15 13 (Increased costs), 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 the Borrower under the Finance Documents.

Appears in 1 contract

Sources: Facility Agreement (Randgold Resources 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 9.1 7.1 (Illegality), Clause 14 (Tax grossGross-up and indemnitiesUp And Indemnities) or Clause 15 (Increased costsCosts), 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 PBL Entertainment (Macau) 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 9.1 (Illegality), Clause 14 (Tax gross-up and indemnities) or Clause 15 (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 the Borrower under the Finance Documents.

Appears in 1 contract

Sources: Facility Agreement (Las Vegas Sands Corp)