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 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) 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) 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) 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) 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 (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 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 (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 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 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 (eToro Group Ltd.), Revolving Senior Secured Credit Facility Agreement (Gold Fields LTD), 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 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 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 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 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 (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 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 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 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 ‎‎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 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 to, or cancelled pursuant to, any of Clause 8.1 clause 10.1 (Illegality), Clause 13 clause 17 (Tax gross-gross up and indemnities), Clause 14 clause 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 (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 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 3 contracts

Sources: Single Currency Revolving Facility Agreement (StoneX Group Inc.), 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 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, 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 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 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 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 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 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 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. (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 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 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 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 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 (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 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 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) 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 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 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 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 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 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 Facility ceasing to be available or any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 8.1 (Illegality), Clause 13 15 (Tax grossGross-up 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 or the Parent under the Finance Documents.

Appears in 2 contracts

Sources: Facilities Agreement (New Frontier Public Holding Ltd.), Facilities Agreement (New Frontier Health 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 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 7.1 (IllegalityIllegality and Sanctions affecting a Lender), 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) 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 or an Approved Manager under the Finance DocumentsDocuments to which it is a party, in accordance with their respective terms.

Appears in 2 contracts

Sources: Facility Agreement (Euroseas Ltd.), Facility Agreement (Euroseas 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 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 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 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. (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 (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 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 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) 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 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) 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) 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 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) 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 a Facility ceasing to be available or any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 8.1 (Illegality), Clause 13 (Tax gross-up and indemnitiesMandatory Prepayment - illegality), Clause 14 (Increased costsTax Gross-up and Indemnities) or paragraph 3 of Schedule 4 Clause 15 (Mandatory Cost formulae) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility OfficeIncreased Costs). (b) Paragraph (a) 17.1.2 Clause 17.1.1 above does not in any way limit the obligations of any Obligor the Borrowers under the Finance Documents.

Appears in 1 contract

Sources: First Amendment and Restatement Agreement (Powerfleet, 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 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 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 the Company under the Finance Documents.

Appears in 1 contract

Sources: Super Senior Revolving Facility Agreement (Eagle Bulk Shipping Inc.)

Mitigation. (a) Each Finance Party shall, if requested by and 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 under, or pursuant to, or cancelled pursuant to, any of Clause 8.1 11 (IllegalityTaxes), Clause 12 (Increased Costs) or Clause 13 (Tax gross-up and indemnities), Clause 14 (Increased costs) or paragraph 3 of Schedule 4 (Mandatory Cost formulaeIllegality) 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 does not in any way limit the obligations of any Obligor under the Finance Documents.

Appears in 1 contract

Sources: Credit Facility Agreement (Ship Finance International 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 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: Term Facility Agreement (Tongjitang Chinese Medicines Co)

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 clause 12 (Tax gross-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 the Borrower under the Finance Documents.

Appears in 1 contract

Sources: Term Facility Agreement (Coeur D Alene Mines 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 tounder, or cancelled pursuant to, any of Clause 8.1 7.1 (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 1 contract

Sources: Facility Agreement (Reckitt Benckiser Group PLC)

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

Sources: Revolving Facility Agreement (Ferguson PLC)

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) 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

Sources: Amendment and Restatement Agreement (Misys 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 18.1 (Illegality), Clause 13 25 (Tax grossGross-up and indemnitiesUp And Indemnities) or Clause 26 (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 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), ) 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 1 contract

Sources: Multicurrency Term and Revolving Facilities Agreement (Tenedor 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 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 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 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

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 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 CompanyObligors, take all reasonable steps to mitigate 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 1 contract

Sources: Facility Agreement (Midamerican Energy Co)

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 11 (Tax gross-up and 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 Obligor under the Finance Documents.

Appears in 1 contract

Sources: Bridge Loan Facility Agreement (Lifezone Metals 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 Gross Up and indemnities), 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 1 contract

Sources: Facility Agreement (Alibaba Group Holding 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 8.1 10.3.1 (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 formulae) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility OfficeCosts). (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 1 contract

Sources: Common Terms Agreement (Harmony Gold Mining Co 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 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 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 1 contract

Sources: Bridge Facility Agreement (Ses S.A.)

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 (Illegality), to Clause 13 (Tax gross-up and indemnities) of this Agreement (other than Clause 13.6 (Indirect Tax), 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: Facility Agreement (WMC 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 8.1 7.1 (Illegality), Clause 13 11 (Tax grossGross-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 (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 Company, shall take all reasonable steps to mitigate any circumstances which arise and which or would result in any give rise to an amount becoming payable under or pursuant to, or cancelled pursuant to, any of under Clause 8.1 7.1 (Illegality), Clause 13 12 (Tax grossGross-up and indemnitiesIndemnities) or Clause 13 (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 OfficeAffiliate. (b) Paragraph (a) above does not in any way limit the obligations of any Obligor under the Finance Documents.

Appears in 1 contract

Sources: Facility Agreement (Lamb Weston 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 (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: Multicurrency Revolving Facilities Agreement (Sage Group 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 clause 8.1 (Illegality), Clause clause 13 (Tax gross-up and indemnities), Clause clause 14 (Increased costs) 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 the Company under the Finance Documents.

Appears in 1 contract

Sources: Facility Agreement (TRM Corp)

Mitigation. (a) 117. 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 grossup 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) . 118. Paragraph (a) above does not in any way limit the obligations of any Obligor under the Finance Documents.

Appears in 1 contract

Sources: Syndicated Loan Agreement (Hillenbrand, Inc.)

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 1 contract

Sources: Facility Agreement (IHS Holding 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 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 1 contract

Sources: Amendment and Restatement Agreement (Genesco Inc)

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, to any of Clause 8.1 6.1 (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 1 contract

Sources: Distribution Agreement (Central European Distribution Corp)