Common use of Mitigation Clause in Contracts

Mitigation. 15.1.1 Each Finance Party shall, in consultation with the Borrower, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 (Illegality), Clause 12 (Tax gross-up and indemnities), Clause 13 (Increased costs) or Schedule 4 (Mandatory Cost formula) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office or to another financial institution reasonably acceptable to the Borrower and the Agent. 15.1.2 Clause 15.1.1 above does not in any way limit the obligations of the Borrower under the Finance Documents.

Appears in 4 contracts

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

Mitigation. 15.1.1 (a) Each Finance Party shall, in consultation with the BorrowerBorrowers, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 8.1 (Illegality), Clause 12 14 (Tax gross-up Gross Up and indemnitiesIndemnities), Clause 13 15 (Increased costsCosts) or Schedule 4 paragraph (a) of Clause 16.3 (Mandatory Cost formulaCost) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office or to another financial institution reasonably acceptable to the Borrower and the AgentOffice. 15.1.2 Clause 15.1.1 (b) Paragraph (a) above does not in any way limit the obligations of the Borrower any Obligor under the Finance Documents.

Appears in 4 contracts

Sources: Revolving and Accordion Facilities Agreement (Ardmore Shipping Corp), Term and Accordion Facilities Agreement (Ardmore Shipping Corp), Term, Revolving and Accordion Facilities Agreement (Ardmore Shipping Corp)

Mitigation. 15.1.1 (a) Each Finance Party shall, shall in consultation with the Borrower, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant toto it under, or its Commitment cancelled pursuant to, any of the following Clauses: Clause 7.1 (Illegality), Clause 11 (Tax Gross Up and Indemnities) (other than Clause 11.6 (Indirect Tax)) or Clause 12 (Tax gross-up and indemnities), Clause 13 (Increased costs) or Schedule 4 (Mandatory Cost formulaCosts) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office or to another financial institution reasonably acceptable to the Borrower and the AgentOffice. 15.1.2 Clause 15.1.1 (b) Paragraph (a) above does not in any way limit the obligations of the Borrower any Obligor under the Finance DocumentsDocuments including under Clause 11 (Tax Gross Up and Indemnities).

Appears in 4 contracts

Sources: Senior Loan Note Subscription Agreement (Tritium DCFC LTD), Senior Loan Note Subscription Agreement (Tritium DCFC LTD), Senior Loan Note Subscription Agreement (Tritium DCFC LTD)

Mitigation. 15.1.1 (a) Each Finance Party shall, in consultation with the Borrower, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 8.1 (Illegality), Clause 12 (Tax gross-gross up and indemnities), Clause 13 (Increased costsCosts) or paragraph 3 of Schedule 4 (Mandatory Cost formulaformulae) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office or to another financial institution reasonably acceptable to the Borrower and the AgentOffice. 15.1.2 Clause 15.1.1 (b) Paragraph (a) above does not in any way limit the obligations of the Borrower any Obligor under the Finance Documents.

Appears in 4 contracts

Sources: Multicurrency Revolving Facility Agreement (Anthracite Capital Inc), Multicurrency Revolving Facility Agreement (Anthracite Capital Inc), Facility Agreement (Anthracite Capital Inc)

Mitigation. 15.1.1 (a) Each Finance Party shall, in consultation with the BorrowerObligors, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 8.1 (Illegality), Clause 12 13 (Tax gross-up and indemnities), Clause 13 14 (Increased costs) or paragraph 3 of Schedule 4 (Mandatory Cost formulaformulae) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office or to another financial institution reasonably acceptable to the Borrower and the AgentOffice. 15.1.2 Clause 15.1.1 (b) Paragraph (a) above does not in any way limit the obligations of the Borrower any Obligor under the Finance Documents.

Appears in 4 contracts

Sources: Facility Agreement (Midamerican Energy Holdings Co /New/), Facility Agreement (Midamerican Energy Holdings Co /New/), Facility Agreement (Standard Commercial Corp)

Mitigation. 15.1.1 17.1.1 Each Finance Party shall, in consultation with the Borrower, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 (Illegality), Clause 12 14 (Tax gross-up and indemnities), ) or Clause 13 15.1 (Increased costs) or paragraph 3 of Schedule 4 (Mandatory Cost cost formula) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office or to another financial institution reasonably acceptable to the Borrower and the AgentOffice. 15.1.2 17.1.2 Clause 15.1.1 17.1 above does not in any way limit the obligations of the Borrower any Obligor under the Finance Documents.

Appears in 3 contracts

Sources: Term Facility Agreement (Enstar Group LTD), Term Facility Agreement (Enstar Group LTD), Term Facility Agreement (Enstar Group LTD)

Mitigation. 15.1.1 (a) Each Finance Party shall, in consultation with the Borrower, take all reasonable steps to mitigate any circumstances which arise and which result or would result in the Facility ceasing to be available or any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 (Illegality), Clause 11 (Tax Gross Up and Indemnities) or Clause 12 (Tax gross-up and indemnities), Clause 13 (Increased costs) or Schedule 4 (Mandatory Cost formulaCosts) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office or to another financial institution reasonably acceptable to the Borrower and the AgentOffice. 15.1.2 Clause 15.1.1 (b) Paragraph (a) above does not in any way limit the obligations of the Borrower or the Shareholder under the Finance Transaction Documents.

Appears in 3 contracts

Sources: Secured Term Loan Facility (Mohegan Tribal Gaming Authority), Secured Term Loan Facility, Secured Term Loan Facility

Mitigation. 15.1.1 (a) Each Finance Party shall, in consultation with the Borrower, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 (Illegality), Clause 12 (Tax gross-up Gross Up and indemnitiesIndemnities), Clause 13 (Increased costsCosts) or Schedule 4 paragraph (a) of Clause 14.3 (Mandatory Cost formula) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office or to another financial institution reasonably acceptable to the Borrower and the AgentCost). 15.1.2 Clause 15.1.1 (b) Paragraph (a) above does not in any way limit the obligations of the Borrower 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. 15.1.1 (a) Each Finance Party shall, in consultation with the Borrower, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 (Illegality), Clause 7.2 (Further illegality), Clause 12 (Tax grossGross-up Up and indemnities), Indemnities) or Clause 13 (Increased costs) or Schedule 4 (Mandatory Cost formula) Costs), including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office or to another financial institution reasonably acceptable to the Borrower and the AgentOffice. 15.1.2 Clause 15.1.1 (b) Paragraph (a) above does not in any way limit the obligations of the Borrower any Transaction Obligor under the Finance Documents.

Appears in 3 contracts

Sources: Loan Agreement (Norwegian Cruise Line Holdings Ltd.), Loan Agreement (Norwegian Cruise Line Holdings Ltd.), Loan Agreement (Norwegian Cruise Line Holdings Ltd.)

Mitigation. 15.1.1 (a) Each Finance Party shall, in consultation with the Borrower, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 8.1 (Illegality), Clause 12 14 (Tax gross-up and indemnities), ) or Clause 13 15 (Increased costs) or Schedule 4 (Mandatory Cost formula) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office or to another bank or financial institution reasonably acceptable to the Borrower and the AgentBorrower. 15.1.2 Clause 15.1.1 (b) Paragraph (a) above does not in any way limit the obligations of the Borrower under the Finance Documents.

Appears in 3 contracts

Sources: Facility Agreement (Bunge Global SA), Revolving Facility Agreement (Bunge Global SA), Facility Agreement (Bungeltd)

Mitigation. 15.1.1 (a) Each Finance Party shall, in consultation with the BorrowerBorrowers, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 (Illegality), Clause 12 (Tax gross-up Gross Up and indemnitiesIndemnities), Clause 13 (Increased costsCosts) or Schedule 4 paragraph (a) of Clause 14.3 (Mandatory Cost formulaCost) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office or to another financial institution reasonably acceptable to the Borrower and the AgentOffice. 15.1.2 Clause 15.1.1 (b) Paragraph (a) above does not in any way limit the obligations of the Borrower any Transaction Obligor under the Finance Documents.

Appears in 3 contracts

Sources: Term Loan Facility Agreement (Icon Energy Corp), Facility Agreement (Global Ship Lease, Inc.), Facility Agreement (Navios Maritime Partners L.P.)

Mitigation. 15.1.1 (a) Each Finance Party shall, in consultation with the Borrower, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 8.1 (Illegality), Clause 12 13 (Tax gross-up and indemnities), Clause 13 14.1 (Increased costs) or paragraph 3 of Schedule 4 (Mandatory Cost formulaformulae) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office or to another financial institution reasonably acceptable to the Borrower and the AgentOffice. 15.1.2 Clause 15.1.1 (b) Paragraph (a) above does not in any way limit the rights and obligations of the Borrower under the Finance Documents.

Appears in 3 contracts

Sources: Credit Facility Agreement (Sap Ag), Credit Facility Agreement (Sap Ag), Credit Facility Agreement (Sap Aktiengesellschaft Systems Applications Products in Data)

Mitigation. 15.1.1 (a) Each Finance Party shall, in consultation with the BorrowerCompany, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 8.1 (Illegality), Clause 12 13 (Tax gross-up and indemnities), ) or Clause 13 14 (Increased costs) or and paragraph 3 of Schedule 4 (Mandatory Cost formulaFormulae) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office or to another financial institution reasonably acceptable to the Borrower and the AgentOffice. 15.1.2 Clause 15.1.1 (b) Paragraph (a) above does not in any way limit the obligations of the Borrower any Obligor under the Finance Documents.

Appears in 3 contracts

Sources: Facility Agreement (Aon Corp), Facility Agreement (Aon Corp), Facility Agreement (Aon Corp)

Mitigation. 15.1.1 (a) Each Finance Party shall, in consultation with the Borrower, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 (Illegality), Clause 12 (Tax gross-up and indemnities), Clause 13 (Increased costs) or paragraph 3 of Schedule 4 5 (Mandatory Cost formulaFormulae) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office or to another bank or financial institution reasonably acceptable to the Borrower and the AgentBorrower. 15.1.2 Clause 15.1.1 (b) Paragraph (a) above does not in any way limit the obligations of the Borrower under the Finance Documents.

Appears in 3 contracts

Sources: Facility Agreement (Bunge LTD), Facility Agreement (Bunge LTD), Facility Agreement (Bunge LTD)

Mitigation. 15.1.1 (a) Each Finance Party shall, in consultation with the BorrowerCompany, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 8.1 (Illegality), Clause 12 13 (Tax gross-gross up and indemnities), or Clause 13 14 (Increased costsCosts) or paragraph 3 of Schedule 4 (Mandatory Cost formulaFormulae) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office or to another financial institution reasonably acceptable to the Borrower and the AgentOffice. 15.1.2 Clause 15.1.1 (b) Paragraph (a) above does not in any way limit the obligations of the Borrower any Obligor under the Finance Documents.

Appears in 3 contracts

Sources: Facilities Agreement (Sappi LTD), Credit Agreement (Sappi LTD), Credit Agreement (Sappi LTD)

Mitigation. 15.1.1 (a) Each Finance Party shall, in consultation with the BorrowerCompany, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 12.1 (Illegality), Clause 12 17 (Tax gross-up and indemnities), Clause 13 18 (Increased costs) or paragraph 3 of Schedule 4 (Mandatory Cost formulaformulae) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office or to another financial institution reasonably acceptable to the Borrower and the AgentOffice. 15.1.2 Clause 15.1.1 (b) Paragraph (a) above does not in any way limit the obligations of the Borrower any Obligor under the Finance Documents.

Appears in 3 contracts

Sources: Facilities Agreement (Syngenta Ag), Facilities Agreement (HeidelbergCement AG), Facilities Agreement (HeidelbergCement AG)

Mitigation. 15.1.1 17.1.1 Each Finance Party shall, in consultation with the Borrower, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause clause 7.1 (Illegality), Clause 12 clause 14 (Tax gross-up Gross Up and indemnitiesIndemnities), Clause 13 clause 15 (Increased costsCosts) or paragraph 3 of Schedule 4 5 (Mandatory Cost formulaFormula) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office or to another financial institution reasonably acceptable to the Borrower and the AgentOffice. 15.1.2 17.1.2 Clause 15.1.1 above 17.1.1 does not in any way limit the obligations of the Borrower 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. 15.1.1 (a) Each Finance Party shall, in consultation with the Borrower, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant tounder, or cancelled pursuant to, any of Clause 7.1 10.1 (Illegality, termination of OeKB-refinancing), Clause 12 15 (Tax gross-gross up and indemnities), ) or Clause 13 16 (Increased costs) or Schedule 4 (Mandatory Cost formula) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office or to another any other financial institution reasonably acceptable to the Borrower and the Agentinstitution. 15.1.2 Clause 15.1.1 (b) Paragraph (a) above does not in any way limit the obligations of the Borrower any Obligor under the Finance Documents.

Appears in 2 contracts

Sources: Facility Agreement (Sappi LTD), Facility Agreement (Sappi LTD)

Mitigation. 15.1.1 (a) Each Finance Party shall, in consultation with the Borrower, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 (Illegality), Clause 12 13 (Tax gross-up and indemnities), Clause 13 14 (Increased costs) or paragraph 3 of Schedule 4 (Mandatory Cost formulaFormula) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office or to another financial institution reasonably acceptable to the Borrower and the AgentOffice. 15.1.2 Clause 15.1.1 (b) Paragraph (a) above does not in any way limit the obligations of the Borrower under the Finance Documents.

Appears in 2 contracts

Sources: Coface Facility Agreement (Globalstar, Inc.), Facility Agreement (Globalstar, Inc.)

Mitigation. 15.1.1 (a) Each Finance Party shall, in consultation with the BorrowerCompany, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 9.1 (Illegality), Clause 12 16 (Tax gross-up and indemnities), ) or Clause 13 17 (Increased costsCosts) or paragraph 5 of Schedule 4 (Mandatory Cost formula) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office or to another financial institution reasonably acceptable to the Borrower and the AgentOffice. 15.1.2 Clause 15.1.1 (b) Paragraph (a) above does not in any way limit the obligations of the Borrower 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. 15.1.1 (a) Each Finance Party shall, in consultation with the BorrowerBorrowers, take all reasonable but commercially prudent steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 (Illegality), Clause 11 (Tax Gross Up and Indemnities) or Clause 12 (Tax gross-up and indemnities), Clause 13 (Increased costs) or Schedule 4 (Mandatory Cost formulaCosts) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office or to another financial institution reasonably acceptable to the Borrower and the AgentOffice. 15.1.2 Clause 15.1.1 (b) Paragraph (a) above does not in any way limit the obligations of the Borrower any Transaction Obligor under the Finance Documents.

Appears in 2 contracts

Sources: Term Loan Facility (United Maritime Corp), Facility Agreement (United Maritime Corp)

Mitigation. 15.1.1 (a) Each Finance Party shall, if requested by and in consultation with the BorrowerCo-ordinator, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under under, or pursuant to, or cancelled pursuant to, any of Clause 7.1 (Illegality), Clause 12 (Tax gross-up and indemnitiesTaxes), Clause 13 (Increased costsCosts) or Clause 14 (Illegality) or Schedule 4 2 (Mandatory Cost formulaFormulae) including (but not limited to) transferring its rights and obligations under the Senior Finance Documents to another Affiliate or Facility Office or to another financial institution reasonably acceptable to the Borrower and the AgentOffice. 15.1.2 Clause 15.1.1 (b) Paragraph (a) above does not in any way limit the obligations of the Borrower any Obligor under the Senior Finance Documents.

Appears in 2 contracts

Sources: Fleet Financing Facility Agreement (Avis Budget Group, Inc.), Avis Europe Interim Fleet Financing Facility Agreement (Avis Budget Group, Inc.)

Mitigation. 15.1.1 (a) Each Finance Party shall, in consultation with the Borrower, take all reasonable steps to mitigate any circumstances which arise and which would result in the Facility ceasing to be available or any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 ‎8.1 (Illegality), Clause 12 13‎ (Tax gross-gross up and indemnities), ) or Clause 13 ‎14 (Increased costs) or Schedule 4 (Mandatory Cost formula) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office or to another financial institution reasonably acceptable to the Borrower and the AgentOffice. 15.1.2 Clause 15.1.1 (b) Paragraph (a) above does not in any way limit the obligations of the Borrower any Obligor under the Finance Documents.

Appears in 2 contracts

Sources: Facility Agreement (NorthStar Healthcare Income, Inc.), Facility Agreement (Northstar Realty Finance Corp.)

Mitigation. 15.1.1 (a) Each Finance Party shall, in consultation with the BorrowerCompany, take all reasonable steps to mitigate any circumstances which arise and which would result in any Facility ceasing to be available or any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 8.1 (Illegality), Clause 12 15 (Tax grossGross-up Up and indemnities), Indemnities) or Clause 13 16 (Increased costs) or Schedule 4 (Mandatory Cost formulaCosts) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office or to another financial institution reasonably acceptable to the Borrower and the AgentOffice. 15.1.2 Clause 15.1.1 (b) Paragraph (a) above does not in any way limit the obligations of any Obligor or the Borrower Parent under the Finance Documents.

Appears in 2 contracts

Sources: Facilities Agreement (New Frontier Public Holding Ltd.), Facilities Agreement (New Frontier Health Corp)

Mitigation. 15.1.1 (a) Each Finance Party shall, in consultation with the Borrower, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 (Illegality), Clause 12 (Tax gross-up and indemnities), ) or Clause 13 (Increased costs) or Schedule 4 (Mandatory Cost formula) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office or to another financial institution reasonably acceptable to the Borrower and the AgentOffice. 15.1.2 Clause 15.1.1 (b) Paragraph (a) above does not in any way limit the obligations of the Borrower any Obligor or BHL under the Finance Documents.

Appears in 2 contracts

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

Mitigation. 15.1.1 (a) Each Finance Party shall, in consultation with the Borrower, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 (Illegality), Clause 12 (Tax gross-up and indemnities) (other than Clause 12.6 (Indirect Tax), ) or Clause 13 (Increased costs) or Schedule 4 (Mandatory Cost formulaCosts) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office or to another financial institution reasonably acceptable to the Borrower and the AgentOffice. 15.1.2 Clause 15.1.1 (b) Paragraph (a) above does not in any way limit the obligations of the Borrower any Obligor under the Finance Documents.

Appears in 2 contracts

Sources: Facility Agreement (WNS (Holdings) LTD), Facility Agreement (WNS (Holdings) LTD)

Mitigation. 15.1.1 (a) Each Finance Party shall, in consultation with the BorrowerBorrowers, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 (IllegalityIllegality and Sanctions Laws affecting a Lender), Clause 12 (Tax gross-up Gross Up and indemnities), Indemnities) or Clause 13 (Increased costs) or Schedule 4 (Mandatory Cost formulaCosts) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office or to another financial institution reasonably acceptable to the Borrower and the AgentOffice. 15.1.2 Clause 15.1.1 (b) Paragraph (a) above does not in any way limit the obligations of the Borrower any Transaction Obligor under the Finance Documents.

Appears in 2 contracts

Sources: Term Loan Facility (Navios Maritime Partners L.P.), Term Loan Facility (Navios Maritime Partners L.P.)

Mitigation. 15.1.1 (a) Each Finance Party shall, in consultation with the BorrowerBorrowers, take all reasonable steps to mitigate (unless the Borrowers expressly request it in writing not to do so) any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 (Illegality), Clause 12 (Tax gross-up and indemnities), ) or Clause 13 (Increased costs) or Schedule 4 (Mandatory Cost formula) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office or to another financial institution reasonably acceptable to the Borrower and the AgentOffice. 15.1.2 Clause 15.1.1 (b) Paragraph (a) above does not in any way limit the obligations of the Borrower any Obligor under the Finance Documents.

Appears in 2 contracts

Sources: Term and Revolving Facilities Agreement (KNOT Offshore Partners LP), Term and Revolving Facilities Agreement (KNOT Offshore Partners LP)

Mitigation. 15.1.1 (a) Each Finance Party shall, in consultation with the BorrowerObligors, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 8.1 (Illegality), Clause 12 15 (Tax gross-up and indemnities) or Clause 18 (Increased Costs), Clause 13 (Increased costs) or Schedule 4 (in respect of Mandatory Cost formula) Cost, including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office or to another financial institution reasonably acceptable to the Borrower and the AgentOffice. 15.1.2 Clause 15.1.1 (b) Paragraph (a) above does not in any way limit the obligations of the Borrower any Obligor under the Finance Documents.

Appears in 2 contracts

Sources: Unsecured Uncommitted Revolving Facilities Agreement (Molson Coors Brewing Co), Revolving Facilities Agreement (Molson Coors Brewing Co)

Mitigation. 15.1.1 Each (a) Subject always to the provisions of Clause 27.42 (Listing of the Notes), each Finance Party shall, in consultation with the BorrowerIssuer, take all reasonable steps to mitigate any circumstances which arise and which would result in in: (i) any Series ceasing to be available; or (ii) any amount becoming payable under or pursuant to, or cancelled cancelled, pursuant to, to any of Clause 7.1 11.1 (Illegality), Clause 12 18 (Tax gross-up and indemnities), ) or Clause 13 19 (Increased costs) or Schedule 4 (Mandatory Cost formula) ), including (but not limited to) transferring its rights and obligations under the Notes and Finance Documents to another Affiliate or Facility Office or to another financial institution reasonably acceptable to the Borrower and the AgentSpecified Office. 15.1.2 Clause 15.1.1 (b) Paragraph (a) above does not in any way limit the obligations of the Borrower any Obligor under the Finance Documents.

Appears in 2 contracts

Sources: Note Subscription Agreement (CorpAcq Group PLC), Note Subscription Agreement (CorpAcq Group PLC)

Mitigation. 15.1.1 (a) Each Finance Party shall, in consultation with the BorrowerCompany, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 (Illegality), Clause 12 (Tax gross-up and indemnities), Clause 13 (Increased costs) or paragraph 3 of Schedule 4 (Mandatory Cost formulaformulae) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office or to another financial institution reasonably acceptable to the Borrower and the AgentOffice. 15.1.2 Clause 15.1.1 (b) Paragraph (a) above does not in any way limit the obligations of the Borrower any Obligor under the Finance Documents.

Appears in 2 contracts

Sources: Facility Agreement (Golden Telecom Inc), Facility Agreement (Golden Telecom Inc)

Mitigation. 15.1.1 (a) Each Finance Party shall, in consultation with the Borrower, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 (IllegalityIllegality and Sanctions affecting a Lender), Clause 12 (Tax gross-up Gross Up and indemnitiesIndemnities), Clause 13 (Increased costs) or Schedule 4 (Mandatory Cost formulaCosts) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office or to another financial institution reasonably acceptable to the Borrower and the AgentOffice. 15.1.2 Clause 15.1.1 (b) Paragraph (a) above does not in any way limit the obligations of the Borrower 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. 15.1.1 (a) Each Finance Party shall, in consultation with the Borrower, take all reasonable steps to mitigate (unless the Borrower expressly request it in writing not to do so) any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 (Illegality), Clause 12 (Tax gross-up and indemnities), ) or Clause 13 (Increased costs) or Schedule 4 (Mandatory Cost formula) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office or to another financial institution reasonably acceptable to the Borrower and the AgentOffice. 15.1.2 Clause 15.1.1 (b) Paragraph (a) above does not in any way limit the obligations of the Borrower any Obligor under the Finance Documents.

Appears in 2 contracts

Sources: Term Facility Agreement, Term Facility Agreement (KNOT Offshore Partners LP)

Mitigation. 15.1.1 (a) Each Finance Party shall, in consultation with the BorrowerBorrowers, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 8.1 (Illegality), Clause 12 14 (Tax gross-up Gross Up and indemnitiesIndemnities), Clause 13 15 (Increased costsCosts) or Schedule 4 paragraph 16.3(a) of Clause 16.3 (Mandatory Cost formulaCost) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office or to another financial institution reasonably acceptable to the Borrower and the AgentOffice. 15.1.2 Clause 15.1.1 (b) Paragraph (a) above does not in any way limit the obligations of the Borrower any Obligor under the Finance Documents.

Appears in 2 contracts

Sources: Loan Agreement (Ardmore Shipping Corp), Loan Agreement (Ardmore Shipping Corp)

Mitigation. 15.1.1 (a) Each Finance Party shall, in consultation with the Borrower, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 6.1 (Illegality), Clause 12 11 (Tax gross-up Gross Up and indemnitiesIndemnities), Clause 13 12 (Increased costsCosts) or paragraph 3 of Schedule 4 (Mandatory Cost formulaFormula) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office or to another financial institution reasonably acceptable to the Borrower and the AgentOffice. 15.1.2 Clause 15.1.1 (b) Paragraph (a) above does not in any way limit the obligations of the Borrower any Obligor under the Finance Documents.

Appears in 2 contracts

Sources: Credit Agreement (DHT Holdings, Inc.), Credit Agreement (DHT Holdings, Inc.)

Mitigation. 15.1.1 (a) Each Finance Party shall, in consultation with the Borrower, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant tounder, or cancelled pursuant to, any of Clause 7.1 (Illegality), Clause 12 (Tax gross-up and indemnities), Clause 13 (Increased costsCosts) or paragraph 3 of Schedule 4 (Mandatory Cost formulaFormula) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office or to another financial institution reasonably acceptable to the Borrower and the AgentOffice. 15.1.2 Clause 15.1.1 (b) Paragraph (a) above does not in any way limit the obligations of the Borrower any Obligor under the Finance Documents.

Appears in 2 contracts

Sources: Debtor in Possession Credit Agreement (Eagle Bulk Shipping Inc.), Credit Agreement (Eagle Bulk Shipping Inc.)

Mitigation. 15.1.1 (a) Each Finance Party shall, in consultation with the BorrowerBorrowers, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 (Illegality), Clause 12 11 (Tax gross-up Gross Up and indemnitiesIndemnities), Clause 13 12 (Increased costsCosts) or Schedule 4 paragraph (a) of Clause 13.3 (Mandatory Cost formulaCost) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office or to another financial institution reasonably acceptable to the Borrower and the AgentOffice. 15.1.2 Clause 15.1.1 (b) Paragraph (a) above does not in any way limit the obligations of the Borrower any Transaction Obligor under the Finance Documents.

Appears in 2 contracts

Sources: Term Loan Facility (Global Ship Lease, Inc.), Term Loan Facility (Global Ship Lease, Inc.)

Mitigation. 15.1.1 (a) Each Finance Party shall, in consultation with the Borrower, take all reasonable steps to mitigate or remove any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of to Clause 7.1 (Illegality), Clause 12 13 (Tax gross-up and indemnities), ) or Clause 13 14 (Increased costs) or Schedule 4 cancelled pursuant to Clause 8.1 (Mandatory Cost formulaIllegality) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate bank or Facility Office or to another financial institution reasonably acceptable to the Borrower and the Agentor to an Affiliate or a Facility Office in another jurisdiction. 15.1.2 Clause 15.1.1 (b) Paragraph (a) above does not in any way limit the obligations of the Borrower under the Finance Documents.

Appears in 2 contracts

Sources: Credit Facility Agreement (Lafarge), Credit Facility Agreement (Lafarge)

Mitigation. 15.1.1 (a) Each Finance Party shall, in consultation with the BorrowerCompany, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 8.1 (Illegality), Clause 12 13 (Tax gross-up and indemnities), ) Clause 13 14 (Increased costs) or Schedule 4 (Mandatory Cost formulaformulae) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office or to another financial institution reasonably acceptable to the Borrower and the AgentOffice. 15.1.2 Clause 15.1.1 (b) Paragraph (a) above does not in any way limit the obligations of the Borrower any Obligor under the Finance Documents.

Appears in 2 contracts

Sources: Facility Agreement (Sanofi Synthelabo Sa), Facility Agreement (Sanofi Synthelabo Sa)

Mitigation. 15.1.1 (a) Each Finance Party shall, in consultation with the Borrower, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 (Illegality), Clause 12 (Tax gross-gross up and indemnities), Clause 13 (Increased costs) or paragraph 3 of Schedule 4 (Mandatory Cost formulaFormulae) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office or to another financial institution reasonably acceptable to the Borrower and the AgentOffice. 15.1.2 Clause 15.1.1 (b) Paragraph (a) above does not in any way limit the obligations of the Borrower any Obligor under the Finance Documents.

Appears in 2 contracts

Sources: Secured Facilities Agreement (Citigroup Inc), Secured Facilities Agreement (Citigroup Inc)

Mitigation. 15.1.1 (i) Each Finance Party shall, in consultation with the Borrower, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 (Illegality), Clause 12 (Tax gross-up and indemnities), ) or Clause 13 (Increased costs) or Schedule 4 (Mandatory Cost formula) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office or to another financial institution reasonably acceptable to the Borrower and the AgentNew Lender. 15.1.2 Clause 15.1.1 (ii) Paragraph (i) above does not in any way limit the obligations of the Borrower under the Finance Documents.

Appears in 2 contracts

Sources: Facility Agreement (Sterlite Industries (India) LTD), Facility Agreement (Sterlite Industries (India) LTD)

Mitigation. 15.1.1 a) Each Finance Party shall, in consultation with the BorrowerBorrowers, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 7 (Illegality), Voluntary Prepayment and Cancellation) Clause 12 14 (Tax gross-up and indemnities), or Clause 13 15 (Increased costs) or Schedule 4 (Mandatory Cost formula) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office or to another financial institution reasonably acceptable to the Borrower and the AgentOffice. 15.1.2 Clause 15.1.1 b) Paragraph a) above does not in any way limit the obligations of the Borrower any Obligor under the Finance Documents.

Appears in 2 contracts

Sources: Facility Agreement (DHT Holdings, Inc.), Facility Agreement (DHT Holdings, Inc.)

Mitigation. 15.1.1 (a) Each Finance Party shall, in consultation with the BorrowerCompany, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 (Illegality), Clause 12 2 (Tax gross-up and indemnities), ) (other than Clause 12.6 (Indirect Tax) or Clause 13 (Increased costs) or Schedule 4 (Mandatory Cost formulaCosts) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office or to another financial institution reasonably acceptable to the Borrower and the AgentOffice. 15.1.2 Clause 15.1.1 (b) Paragraph (a) above does not in any way limit the obligations of the Borrower any Obligor under the Finance Documents.

Appears in 2 contracts

Sources: Facility Agreement (WNS (Holdings) LTD), Facility Agreement (WNS (Holdings) LTD)

Mitigation. 15.1.1 (a) Each Finance Party shall, in consultation with the Borrower, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 (Illegality), Clause 12 (Tax gross-up and indemnities), ) or Clause 13 13.1 (Increased costs) or Schedule 4 (Mandatory Cost formulaCosts) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office or to another financial institution reasonably acceptable to the Borrower and the AgentOffice. 15.1.2 Clause 15.1.1 (b) Paragraph (a) above does not in any way limit the obligations of the Borrower under the Finance Documents.

Appears in 2 contracts

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

Mitigation. 15.1.1 a) Each Finance Party shall, in consultation with the Borrower, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 7 (Illegality), Voluntary Prepayment and Cancellation) Clause 12 14 (Tax gross-up and indemnities), or Clause 13 15 (Increased costs) or Schedule 4 (Mandatory Cost formula) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office or to another financial institution reasonably acceptable to the Borrower and the AgentOffice. 15.1.2 Clause 15.1.1 b) Paragraph a) above does not in any way limit the obligations of the Borrower under the Finance Documents.

Appears in 2 contracts

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

Mitigation. 15.1.1 (a) Each Finance Party shall, in consultation with the Borrower, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 (Illegality), Clause 10 (Changes to the calculation of interest), 12 (Tax gross-up and indemnities), Clause ) or 13 (Increased costs) or Schedule 4 (Mandatory Cost formulaCosts) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office or to another financial institution reasonably acceptable to the Borrower and the AgentOffice. 15.1.2 Clause 15.1.1 (b) Paragraph (a) above does not in any way limit the obligations of the Borrower under the Finance Documents.

Appears in 2 contracts

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

Mitigation. 15.1.1 (a) Each Finance Party shall, in consultation with the BorrowerCompany, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 8.1 (Illegality), Clause 12 13 (Tax gross-gross up and indemnities), Clause 13 14 (Increased costs) or paragraph 3 of Schedule 4 (Mandatory Cost formulaformulae) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office or to another financial institution reasonably acceptable to the Borrower and the AgentOffice. 15.1.2 Clause 15.1.1 (b) Paragraph (a) above does not in any way limit the obligations of the Borrower 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. 15.1.1 (a) Each Finance Party shall, in consultation with the BorrowerBorrowers, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 (Illegality), Clause 12 (Tax gross-up Gross Up and indemnitiesIndemnities), Clause 13 (Increased costsCosts) or paragraph 3 of Schedule 4 (Mandatory Cost formulaFormulae) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office or to another financial institution reasonably acceptable to the Borrower and the AgentOffice. 15.1.2 Clause 15.1.1 (b) Paragraph (a) above does not in any way limit the obligations of the Borrower any Obligor under the Finance Documents.

Appears in 2 contracts

Sources: Term Loan Facility (Ardmore Shipping Corp), Term Loan Facility (Ardmore Shipping Corp)

Mitigation. 15.1.1 (a) Each Finance Party shall, in consultation with the BorrowerCompany, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 8.1 (Illegality), Clause 12 13 (Tax gross-up and indemnities), Clause 13 14 (Increased costs) or paragraph 3 of Schedule 4 (Mandatory Cost formulaFormula) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office or to another financial institution reasonably acceptable to the Borrower and the AgentOffice. 15.1.2 Clause 15.1.1 (b) Paragraph (a) above does not in any way limit the obligations of the Borrower Parent or any Obligor under the Finance Documents.

Appears in 2 contracts

Sources: Facility Agreement (Allied Healthcare International Inc), Facility Agreement (Allied Healthcare International Inc)

Mitigation. 15.1.1 (a) Each Finance Party shall, in consultation with the Borrower, take all reasonable steps to mitigate any circumstances which arise and which would result in the Facility ceasing to be available or any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause clause 7.1 (Illegality), Clause 12 clause 13 (Tax gross-up and indemnities), Clause 13 or clause 14 (Increased costs) or Schedule 4 (Mandatory Cost formula) including (but not limited to) transferring assigning its rights and obligations under the Finance Documents to another Affiliate or Facility Office or to another financial institution reasonably acceptable to the Borrower and the AgentOffice. 15.1.2 Clause 15.1.1 (b) Paragraph (a) above does not in any way limit the obligations of the Borrower any Obligor under the Finance Documents.

Appears in 2 contracts

Sources: Facility Agreement, Facility Agreement (Danaos Corp)

Mitigation. 15.1.1 (a) Each Finance Party shall, in consultation with the Borrower, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 (Illegality), Clause 12 14 (Tax gross-up and indemnities), ) or Clause 13 15 (Increased costsCosts) or paragraph 3 of Schedule 4 (Mandatory Cost formula) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office or to another financial institution reasonably acceptable to the Borrower and the AgentOffice. 15.1.2 Clause 15.1.1 (b) Paragraph (a) above does not in any way limit the obligations of the Borrower any Obligor under the Finance Documents.

Appears in 2 contracts

Sources: Facility Agreement (Cascal N.V.), Facility Agreement (Gulfmark Offshore Inc)

Mitigation. 15.1.1 (a) Each Finance Party shall, in consultation with the BorrowerCompany, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 11.1 (IllegalityIllegality of a Lender), Clause 12 16 (Tax gross-Gross up and indemnities), Indemnities) or Clause 13 17 (Increased costsCosts) or paragraph 3 of Schedule 4 (Mandatory Cost formulaFormulae) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office or to another financial institution reasonably acceptable to the Borrower and the AgentOffice. 15.1.2 Clause 15.1.1 (b) Paragraph (a) above does not in any way limit the obligations of the Borrower any Obligor under the Finance Documents.

Appears in 2 contracts

Sources: Senior Facilities Agreement (Sirona Dental Systems, Inc.), Senior Facilities Agreement (Sirona Dental Systems, Inc.)

Mitigation. 15.1.1 (a) Each Finance Party shall, in consultation with the Borrower, take all reasonable steps to mitigate any circumstances which arise and which would result in any Facility ceasing to be available or any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 clause 4.1 (Illegality), Clause 12 clause 9 (Tax gross-up and indemnities), Clause 13 ) or clause 10 (Increased costs) or Schedule 4 (Mandatory Cost formula) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office or to another financial institution reasonably acceptable to the Borrower and the AgentOffice. 15.1.2 Clause 15.1.1 (b) Paragraph (a) above does not in any way limit the obligations of the Borrower any Obligor under the Finance Documents.

Appears in 2 contracts

Sources: Amendment and Restatement Agreement (Hamilton Insurance Group, Ltd.), Amendment and Restatement Agreement (Hamilton Insurance Group, Ltd.)

Mitigation. 15.1.1 (a) Each Finance Party shall, in consultation with the Borrower, take all reasonable steps to mitigate or remove any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of to Clause 7.1 (Illegality), Clause 12 15 (Tax gross-up and indemnities), ) or Clause 13 16 (Increased costs) or Schedule 4 cancelled pursuant to Clause 10.1 (Mandatory Cost formulaIllegality) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate bank or Facility Office or to another financial institution reasonably acceptable to the Borrower and the Agentor to an Affiliate or a Facility Office in another jurisdiction. 15.1.2 Clause 15.1.1 (b) Paragraph (a) above does not in any way limit the obligations of the Borrower under the Finance Documents.

Appears in 2 contracts

Sources: Credit Facility Agreement (Lafarge), Credit Facility Agreement (Lafarge)

Mitigation. 15.1.1 18.1.1 Each Finance Party shall, in consultation with the Borrower, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 clause 10.1 (Illegality), Clause 12 clause 15 (Tax gross-up and indemnities), Clause 13 clause 15.1 (Increased costs) or paragraph 3 of Schedule 4 (Mandatory Cost formulaFormulae) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office or to another financial institution reasonably acceptable to the Borrower and the AgentOffice. 15.1.2 18.1.2 Clause 15.1.1 18.1.1 above does not in any way limit the obligations of the Borrower any Obligor under the Finance Documents.

Appears in 2 contracts

Sources: Multicurrency Revolving Credit Agreement (Mercer International Inc), Revolving Credit Facility Agreement (Mercer International Inc.)

Mitigation. 15.1.1 (a) Each Finance Party shall, in consultation with the Borrower, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 7.2 (Illegality), Clause 12 12.2 (Tax gross-up and indemnitiesup), Clause 13 (Increased costs) or paragraph 3 of Schedule 4 (Mandatory Cost formula) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office or to another financial institution reasonably acceptable to the Borrower and the AgentOffice. 15.1.2 Clause 15.1.1 (b) Paragraph (a) above does not in any way limit the obligations of the Borrower any Obligor under the Finance Documents.

Appears in 2 contracts

Sources: Term Facility Agreement (CGG Veritas), Single Currency Term Facility Agreement (General Geophysics Co)

Mitigation. 15.1.1 (a) Each Finance Party shall, in consultation with the Borrower, take all reasonable steps to mitigate any circumstances which arise and which would result in the Facility ceasing to be available or any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 (Illegality)) , Clause 12 11 (Tax gross-up and indemnities), ) or Clause 13 12 (Increased costs) or Schedule 4 (Mandatory Cost formulaCosts) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office or to another financial institution reasonably acceptable to the Borrower and the AgentOffice. 15.1.2 Clause 15.1.1 (b) Paragraph (a) above does not in any way limit the obligations of the Borrower under the Finance Documents.

Appears in 2 contracts

Sources: Facility Agreement (Polestar Automotive Holding UK PLC), Facility Agreement (Polestar Automotive Holding UK PLC)

Mitigation. 15.1.1 (a) Each Finance Party shallmust, in consultation with the BorrowerCompany, 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 7.1 (Mandatory Prepayment – Illegality), Clause 12 (Tax gross-up Gross Up and indemnitiesIndemnities), Clause 13 (Increased costs) or Schedule 4 (Mandatory Cost formulaCosts) including (but not limited to) without limitation transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office or to another financial institution reasonably acceptable to the Borrower and the AgentOffice. 15.1.2 Clause 15.1.1 (b) Paragraph (a) above does not in any way limit the obligations of the Borrower any Obligor under the Finance Documents.

Appears in 2 contracts

Sources: Facility Agreement (IHS Holding LTD), Facility Agreement (IHS Holding LTD)

Mitigation. 15.1.1 (a) Each Finance Party shall, in consultation with the BorrowerBorrowers, take all reasonable but commercially prudent steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 ‎7.1 (Illegality), Clause 12 ‎11 (Tax gross-up Gross Up and indemnities), Indemnities) or Clause 13 ‎12 (Increased costs) or Schedule 4 (Mandatory Cost formulaCosts) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office or to another financial institution reasonably acceptable to the Borrower and the AgentOffice. 15.1.2 Clause 15.1.1 (b) Paragraph ‎(a) above does not in any way limit the obligations of the Borrower 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. 15.1.1 Each Finance Party shall, in consultation with the any Borrower, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 (Illegality), Clause 12 (Tax gross-up and indemnities), Clause 13 (Increased costs) or paragraph 3 of Schedule 4 (Mandatory Cost formula) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office or to another financial institution reasonably acceptable to the Borrower and the AgentOffice. 15.1.2 Clause 15.1.1 above does not in any way limit the obligations of the Borrower any Obligor under the Finance Documents.

Appears in 2 contracts

Sources: Facility Agreement (Hines Global REIT, Inc.), Facility Agreement (Hines Global REIT, Inc.)

Mitigation. 15.1.1 (a) Each Finance Party shall, in consultation with the Borrower, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 (Illegality), Clause 12 (Tax grossGross-up Up and indemnitiesIndemnities), Clause 13 (Increased costsCosts) or paragraph 3 of Schedule 4 (Mandatory Cost formulaFormula) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office or to another financial institution reasonably acceptable to the Borrower and the AgentOffice. 15.1.2 Clause 15.1.1 (b) Paragraph (a) above does not in any way limit the obligations Obligations of the Borrower any Obligor under the Finance Documents.

Appears in 1 contract

Sources: Term Facility Agreement (Cadence Design Systems Inc)

Mitigation. 15.1.1 (a) Each Finance Party shall, in consultation with provided that the BorrowerBorrower has provided its prior written consent, take all reasonable steps to mitigate (or remove the effect of) any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 (Illegality), Clause 12 (Tax gross-up Gross Up and indemnities), Indemnities) or Clause 13 (Increased costs) or Schedule 4 (Mandatory Cost formulaCosts) including (but not limited to) without limitation transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office or to another financial institution reasonably acceptable to the Borrower and the AgentOffice. 15.1.2 Clause 15.1.1 (b) Paragraph (a) above does not in any way limit the obligations of the Borrower under the Finance Documents.

Appears in 1 contract

Sources: Loan Agreement (Hanarotelecom Inc)

Mitigation. 15.1.1 (a) Each Finance Party shall, in consultation with the BorrowerCompany, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 8.1 (Illegality), Clause 12 13 (Tax gross-up Gross Up and indemnitiesIndemnities), Clause 13 14 (Increased costsCosts) or paragraph 1 of Schedule 4 (Mandatory Cost formulaformulae) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office or to another financial institution reasonably acceptable to the Borrower and the AgentOffice. 15.1.2 Clause 15.1.1 (b) Paragraph (a) above does not in any way limit the obligations of the Borrower any Obligor under the Finance Documents.

Appears in 1 contract

Sources: Facility Agreement (Legrand Holding Sa)

Mitigation. 15.1.1 (a) Each Finance Party shallmust, in consultation with the BorrowerCompany, 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 7.1 12.1 (Mandatory Prepayment – Illegality), Clause 12 17 (Tax gross-up Gross Up and indemnitiesIndemnities), Clause 13 18 (Increased costs) or Schedule 4 (Mandatory Cost formulaCosts) including (but not limited to) without limitation transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office or to another financial institution reasonably acceptable to the Borrower and the AgentOffice. 15.1.2 Clause 15.1.1 (b) Paragraph (a) above does not in any way limit the obligations of the Borrower any Obligor under the Finance Documents.

Appears in 1 contract

Sources: Amendment and Restatement Agreement (IHS Holding LTD)

Mitigation. 15.1.1 17.1.1 Each Finance Party shall, in consultation with the Borrower, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 9.1 (Illegality), Clause 12 14 (Tax gross-up and indemnities), Clause 13 15 (Increased costs) or paragraph 3 of Schedule 4 7 (Mandatory Cost formulaFormula) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office or to another financial institution reasonably acceptable to the Borrower and the AgentOffice. 15.1.2 17.1.2 Clause 15.1.1 above 17.1.1 does not in any way limit the obligations of the Borrower any Obligor under the Finance Documents.

Appears in 1 contract

Sources: Borrowing Base Facility Agreement (Transglobe Energy Corp)

Mitigation. 15.1.1 (a) Each Finance Party shall, in consultation with the Borrower, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 clause 8.1 (Illegality), Clause 12 clause 13 (Tax gross-up and indemnities), Clause 13 clause 14 (Increased costs) or paragraph 3 of Schedule 4 (Mandatory Cost formulaFormulae) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office or to another financial institution reasonably acceptable to the Borrower and the AgentOffice. 15.1.2 Clause 15.1.1 above (b) Paragraph (a) does not in any way limit the obligations of the Borrower under the Finance Documents.

Appears in 1 contract

Sources: Loan Agreement (Ship Acquisition Inc.)

Mitigation. 15.1.1 (a) Each Finance Party shall, in consultation with the Borrower, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 (Illegality), Clause 12 (Tax gross-up and indemnities), Clause 13 12.6 (Increased costs) or Schedule 4 Clause 14.3 (Mandatory Cost formulacost) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office or to another financial institution reasonably acceptable to the Borrower and the AgentOffice. 15.1.2 Clause 15.1.1 (b) Paragraph (a) above does not in any way limit the obligations of the Borrower any Obligor under the Finance Documents.

Appears in 1 contract

Sources: Facility Agreement (KNOT Offshore Partners LP)

Mitigation. 15.1.1 (a) Each Finance Party shall, in consultation with the BorrowerParent, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 11.1 (IllegalityIllegality of a Lender) (or, in respect of the Issuing Bank, Clause 11.2 (Illegality in relation to Issuing Bank)), Clause 12 16 (Tax grossGross-up and indemnities), Indemnities) or Clause 13 17 (Increased costsCosts) or paragraph 3 of Schedule 4 (Mandatory Cost formulaFormulae) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office or to another financial institution reasonably acceptable to the Borrower and the AgentOffice. 15.1.2 Clause 15.1.1 (b) Paragraph (a) above does not in any way limit the obligations of the Borrower any Obligor under the Finance Documents.

Appears in 1 contract

Sources: £200,000,000 Multi Currency Term, Revolving Credit Facilities Agreement (Iron Mountain Inc)

Mitigation. 15.1.1 (a) Each Finance Party shall, in consultation with the BorrowerObligors’ Agent, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 9.1 (Illegality), Clause 12 14 (Tax gross-up and indemnities), Clause 13 15 (Increased costs) or paragraph 3 of Schedule 4 (Mandatory Cost formulaformulae) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office or to another financial institution reasonably acceptable to the Borrower and the AgentOffice. 15.1.2 Clause 15.1.1 (b) Paragraph (a) above does not in any way limit the obligations of the Borrower any Obligor under the Finance Documents.

Appears in 1 contract

Sources: Facility Agreement (InterXion Holding N.V.)

Mitigation. 15.1.1 (a) Each Finance Party shall, in consultation with the BorrowerCompany, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 (Illegality), Clause 12 (Tax gross-gross up and indemnities), Clause 13 (Increased costs) or paragraph 3 of Schedule 4 (Mandatory Cost formulaformulae) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office or to another financial institution reasonably acceptable to the Borrower and the AgentOffice. 15.1.2 Clause 15.1.1 (b) Paragraph (a) above does not in any way limit the obligations of the Borrower any Obligor under the Finance Documents.

Appears in 1 contract

Sources: Facility Agreement (Delhaize Group)

Mitigation. 15.1.1 (a) Each Finance Party shall, in consultation with the Borrower, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 10.1 (Illegality), Clause 12 15 (Tax gross-up and indemnities), Clause 13 16 (Increased costs) or paragraph 3 of Schedule 4 (Mandatory Cost formulaformulae) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office or to another financial institution reasonably acceptable to the Borrower and the AgentOffice. 15.1.2 Clause 15.1.1 (b) Paragraph (a) above does not in any way limit the obligations of the Borrower under the Finance Documents.

Appears in 1 contract

Sources: Facility Agreement (AstraZeneca Biopharmaceuticals Inc.)

Mitigation. 15.1.1 17.1.1 Each Finance Party shall, in consultation with the BorrowerParent, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 (Illegality), Clause 12 14 (Tax gross-up and indemnities), ) or Clause 13 15.1 (Increased costs) or paragraph 3 of Schedule 4 (Mandatory Cost cost formula) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office or to another financial institution reasonably acceptable to the Borrower and the AgentOffice. 15.1.2 17.1.2 Clause 15.1.1 17.1 above does not in any way limit the obligations of the Borrower any Obligor under the Finance Documents.

Appears in 1 contract

Sources: Revolving Credit Facility Agreement (Enstar Group LTD)

Mitigation. 15.1.1 (a) Each Finance Party shall, in consultation with the Borrower, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 8.1 (Illegality), Clause 12 13 (Tax gross-up and indemnities), Clause 13 14 (Increased costsCosts) or paragraph 3 of Schedule 4 (Mandatory Cost formulaFormula) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office or to another financial institution reasonably acceptable to the Borrower and the AgentOffice. 15.1.2 Clause 15.1.1 (b) Paragraph (a) above does not in any way limit the obligations of the Borrower or the Shareholders under the Finance Documents.

Appears in 1 contract

Sources: Facilities Agreement (Corporate Property Associates 17 - Global INC)

Mitigation. 15.1.1 (a) Each Finance Party shall, in consultation with the BorrowerCompany, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 clause 11.1 (Change of Control), clause 11.2 (Illegality), Clause 12 clause 15 (Tax gross-up Gross Up and indemnitiesIndemnities), Clause 13 clause 16 (Increased costs) or Schedule 4 (Mandatory Cost formulaCosts) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office or to another financial institution reasonably acceptable to the Borrower and the AgentOffice. 15.1.2 Clause 15.1.1 (b) Paragraph (a) above does not in any way limit the obligations of the Borrower any Obligor under the Finance Documents.

Appears in 1 contract

Sources: Multipurpose Facilities Agreement (SunOpta Inc.)

Mitigation. 15.1.1 (a) Each Finance Party shall, shall (in consultation with the BorrowerParent), take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, to any of Clause 7.1 9.1 (Illegality), Clause 12 14 (Tax gross-gross up and indemnities), Clause 13 15 (Increased costs) or Schedule 4 (Mandatory Cost formulaFormula) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office or to another financial institution reasonably acceptable to the Borrower and the AgentOffice. 15.1.2 Clause 15.1.1 (b) Paragraph (a) above does not in any way limit the obligations of the Borrower any Obligor under the Finance Documents.

Appears in 1 contract

Sources: Senior Subscription Agreement (TPG Advisors IV, Inc.)

Mitigation. 15.1.1 (a) Each Finance Party shall, in consultation with the Borrower, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 (Illegality), Clause 12 (Tax grossGross-up Up and indemnities), Indemnities) or Clause 13 (Increased costs) or Schedule 4 (Mandatory Cost formula) Costs), including (but not limited to) in relation to any circumstances which arise following the Signing Date, transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office or to another financial institution reasonably acceptable to the Borrower and the AgentOffice. 15.1.2 Clause 15.1.1 (b) Paragraph (a) above does not in any way limit the obligations of the Borrower under the Finance Documents.

Appears in 1 contract

Sources: Facilities Agreement (WEIBO Corp)

Mitigation. 15.1.1 16.1.1 Each Finance Party shall, in consultation with the BorrowerCompany, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 8.1 (Illegality), Clause 12 11.2 (Market Disruption), Clause 13 (Tax gross-up and indemnities), Clause 13 14 (Increased costs) or paragraph 3 of Schedule 4 (Mandatory Cost formula) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office or to another financial institution reasonably acceptable to the Borrower and the AgentOffice. 15.1.2 16.1.2 Clause 15.1.1 above 16.1 does not in any way limit the obligations of the Borrower any Obligor under the Finance Documents.

Appears in 1 contract

Sources: Term Loan and Multicurrency Revolving Facilities Agreement (AVG Technologies N.V.)

Mitigation. 15.1.1 (a) Each Finance Party shall, in consultation with the Borrower, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 12.1 (Illegality), Clause 12 15.2 (Market disruption), Clause 17 (Tax gross-up and indemnities), ) or Clause 13 18 (Increased costs) or Schedule 4 (Mandatory Cost formula) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office or to another financial institution reasonably acceptable to the Borrower and the AgentOffice. 15.1.2 Clause 15.1.1 (b) Paragraph (a) above does not in any way limit the obligations of the Borrower any Obligor under the Finance Documents.

Appears in 1 contract

Sources: Facility Agreement (Las Vegas Sands Corp)

Mitigation. 15.1.1 (a) Each Finance Party shall, in consultation with the BorrowerBorrowers, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 (Illegality), Clause 12 13 (Tax gross-up Gross Up and indemnitiesIndemnities), Clause 13 14 (Increased costsCosts) or Schedule 4 paragraph (a) of Clause 15.3 (Mandatory Cost formulaCost) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office or to another financial institution reasonably acceptable to the Borrower and the AgentOffice. 15.1.2 Clause 15.1.1 (b) Paragraph (a) above does not in any way limit the obligations of the Borrower any Transaction Obligor under the Finance Documents.

Appears in 1 contract

Sources: Term Loan Facility (Okeanis Eco Tankers Corp.)

Mitigation. 15.1.1 (a) Each Finance Party shall, in consultation with the Borrower, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 (Illegality), Clause 12 (Tax gross-up and indemnities) (other than Clause 12.6 (Indirect Tax), ) or Clause 13 (Increased costs) or Schedule 4 (Mandatory Cost formula) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office or to another financial institution reasonably acceptable to the Borrower and the AgentOffice. 15.1.2 Clause 15.1.1 (b) Paragraph (a) above does not in any way limit the obligations of the Borrower under the Finance Documents.

Appears in 1 contract

Sources: Term Loan Facilities Agreement (Sterlite Industries (India) LTD)

Mitigation. 15.1.1 (a) Each Finance Party shall, in consultation with the Borrower, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 8.1 (Illegality), Clause 12 13 (Tax gross-gross up and indemnities), Clause 13 14 (Increased costs) or paragraph 3 of Schedule 4 (Mandatory Cost formulaFormulae) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office or to another financial institution reasonably acceptable to the Borrower and the AgentOffice. 15.1.2 Clause 15.1.1 (b) Paragraph (a) above does not in any way limit the obligations of the Borrower any Obligor under the Finance Documents.

Appears in 1 contract

Sources: Amendment Agreement (Citigroup Inc)

Mitigation. 15.1.1 Each Finance Party shall, in consultation with the BorrowerCompany, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 (Illegality), Clause 12 (Tax gross-up and indemnities), Clause 13 (Increased costs) or paragraph 3 of Schedule 4 (Mandatory Cost formulaformulae) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office or to another financial institution reasonably acceptable to the Borrower and the AgentOffice. 15.1.2 Clause Paragraph 15.1.1 above does not in any way limit the obligations of the Borrower any Obligor under the Finance Documents.

Appears in 1 contract

Sources: Bridge Facility Agreement (Luxottica Group Spa)

Mitigation. 15.1.1 (a) Each Finance Party shall, in consultation with the Borrower, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause clause 7.1 (Illegality), Clause clause 12 (Tax gross-up and indemnities), Clause ) or clause 13 (Increased costs) or Schedule 4 (Mandatory Cost formula) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office or to another financial institution reasonably acceptable to the Borrower and the AgentOffice. 15.1.2 (b) Clause 15.1.1 15.1(a) above does not in any way limit the obligations of the Borrower any Obligor under the Finance Transaction Documents.

Appears in 1 contract

Sources: Facility Agreement (Opto Circuits (India) LTD)

Mitigation. 15.1.1 (a) Each Finance Party shall, in consultation with the BorrowerCompany, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 10.1 (Illegality), Clause 12 15 (Tax gross-up and indemnities), Clause 13 16 (Increased costs) or paragraph 3 of Schedule 4 (Mandatory Cost formulaformulae) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office or to another financial institution reasonably acceptable to the Borrower and the AgentOffice. 15.1.2 Clause 15.1.1 (b) Paragraph (a) above does not in any way limit the obligations of the Borrower any Obligor under the Finance Documents.

Appears in 1 contract

Sources: Facility Agreement (Enodis PLC)

Mitigation. 15.1.1 (a) Each Finance Party shall, in consultation with the BorrowerBorrowers, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 (IllegalityIllegality and Sanctions affecting a Lender), Clause 12 (Tax gross-up Gross Up and indemnitiesIndemnities), Clause 13 (Increased costs) or Schedule 4 (Mandatory Cost formulaCosts) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office or to another financial institution reasonably acceptable to the Borrower and the AgentOffice. 15.1.2 Clause 15.1.1 (b) Paragraph (a) above does not in any way limit the obligations of the Borrower 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 1 contract

Sources: Facility Agreement (Euroseas Ltd.)

Mitigation. 15.1.1 (a) Each Finance Party shall, in consultation with the Borrower, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 (Illegality), Clause 12 (Tax gross-up and indemnities), Clause 13 13.1 (Increased costs) or paragraph 3 of Schedule 4 (Mandatory Cost formulaformulae) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office or to another financial institution reasonably acceptable to the Borrower and the AgentOffice. 15.1.2 Clause 15.1.1 (b) paragraph (a) above does not in any way limit the rights and obligations of the Borrower under the Finance Documents.

Appears in 1 contract

Sources: Credit Facility Agreement (Saturn Expansion Corp)

Mitigation. 15.1.1 (a) Each Finance Party shall, in consultation with the BorrowerCompany, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 8.1 (Illegality), Clause 12 15 (Tax gross-up and indemnities), ) or Clause 13 16 (Increased costsCosts) or paragraph 3 of Schedule 4 (Mandatory Cost formulaformulae) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office or to another financial institution reasonably acceptable to the Borrower and the AgentOffice. 15.1.2 Clause 15.1.1 (b) Paragraph (a) above does not in any way limit the obligations of the Borrower any Obligor under the Finance Documents.

Appears in 1 contract

Sources: Facilities Agreement (Noble International, Ltd.)

Mitigation. 15.1.1 (a) Each Finance Party shall, in consultation with the Borrower, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 8.1 (Illegality), Clause 12 11.3 (Market disruption), Clause 13 (Tax gross-up and indemnities), ) or Clause 13 14 (Increased costs) or Schedule 4 (Mandatory Cost formula) ), including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office or to another financial institution reasonably acceptable to the Borrower and the AgentOffice. 15.1.2 Clause 15.1.1 (b) Paragraph (a) above does not in any way limit the obligations of the Borrower any Obligor under the Finance Documents.

Appears in 1 contract

Sources: Facility Agreement (Las Vegas Sands Corp)

Mitigation. 15.1.1 (a) Each Finance Party shall, in consultation with the Borrower, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant tounder, or cancelled pursuant to, any of Clause 7.1 (Illegality), Clause 12 (Tax gross-up and indemnities), Clause 13 (Increased costsCosts) or paragraph 3 of Schedule 4 (Mandatory Cost formulaformulae) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office or to another financial institution reasonably acceptable to the Borrower and the AgentOffice. 15.1.2 Clause 15.1.1 (b) Paragraph (a) above does not in any way limit the obligations of the Borrower any Obligor under the Finance Documents.

Appears in 1 contract

Sources: Facility Agreement (Diana Containerships Inc.)

Mitigation. 15.1.1 (a) Each Finance Party shall, in consultation with the Borrower, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 (Illegality), Clause 12 (Tax gross-up Gross Up and indemnitiesIndemnities), Clause 13 (Increased costsCosts) or Schedule 4 paragraph (a) of Clause 14.3 (Mandatory Cost formulaCost) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office or to another financial institution reasonably acceptable to the Borrower and the AgentOffice. 15.1.2 Clause 15.1.1 (b) Paragraph (a) above does not in any way limit the obligations of the Borrower any Transaction Obligor under the Finance Documents.

Appears in 1 contract

Sources: Facility Agreement (Okeanis Eco Tankers Corp.)

Mitigation. 15.1.1 (a) Each Finance Party shall, in consultation with the BorrowerBorrowers’ Agent, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 8.1 (Illegality), Clause 12 13 (Tax grossGross-up and indemnities), Indemnities) or Clause 13 14 (Increased costs) or Schedule 4 (Mandatory Cost formulaCosts) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office or to another financial institution reasonably acceptable to the Borrower and the AgentOffice. 15.1.2 Clause 15.1.1 (b) Paragraph (a) above does not in any way limit the obligations of the any Borrower under the Finance Documents.

Appears in 1 contract

Sources: Revolving Facility Agreement (Alpha Beta Netherlands Holding N.V.)

Mitigation. 15.1.1 (a) Each Finance Party shallmust, in consultation with the BorrowerCompany, 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 7.1 (Mandatory Prepayment – Illegality), Clause 12 (Tax gross-up Gross Up and indemnitiesIndemnities), Clause 13 (Increased costs) or Schedule 4 (Mandatory Cost formulaCosts) including (but not limited to) without limitation transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office or to another financial institution reasonably acceptable to the Borrower and the Agent.Office. ​ ​ 15.1.2 Clause 15.1.1 (b) Paragraph (a) above does not in any way limit the obligations of the Borrower any Obligor under the Finance Documents.

Appears in 1 contract

Sources: Facility Agreement (IHS Holding LTD)

Mitigation. 15.1.1 (a) Each Finance Party shall, in consultation with the Borrower, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 (Illegality), Clause 12 (Tax grossGross-up and indemnities), Indemnities) or Clause 13 (Increased costs) or Schedule 4 (Mandatory Cost formula) Costs), including (but not limited to) in relation to any circumstances which arise following the date of this Agreement, transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office or to another financial institution reasonably acceptable to the Borrower and the AgentOffice. 15.1.2 Clause 15.1.1 (b) Paragraph (a) above does not in any way limit the obligations of the Borrower any Transaction Obligor under the Finance Documents.

Appears in 1 contract

Sources: Facility Agreement (Advanced Technology (Cayman) LTD)

Mitigation. 15.1.1 (a) Each Finance Party shall, in consultation with the Borrower, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 (Illegality), Clause 12 13 (Tax gross-up and indemnities), Clause 13 14 (Increased costs) or paragraph 3 of Schedule 4 (Mandatory Cost formulaFormulae) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office or to another financial institution reasonably acceptable to the Borrower and the AgentOffice. 15.1.2 Clause 15.1.1 (b) Paragraph (a) above does not in any way limit the obligations of the Borrower any Obligor under the Finance Documents.

Appears in 1 contract

Sources: Revolving Credit Facility Agreement (Central European Media Enterprises LTD)

Mitigation. 15.1.1 (a) Each Finance Party shall, in consultation with the BorrowerCompany, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 10.1 (Illegality), Clause 12 15 (Tax gross-up and indemnities), Clause 13 16 (Tax gross-up and indemnities – Canadian Borrowers) or Clause 17 (Increased costs) or Schedule 4 (Mandatory Cost formula) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office or to another financial institution reasonably acceptable to the Borrower and the AgentOffice. 15.1.2 Clause 15.1.1 (b) Paragraph (a) above does not in any way limit the obligations of the Borrower any Obligor under the Finance Documents.

Appears in 1 contract

Sources: Facility Agreement (Rio Tinto PLC)

Mitigation. 15.1.1 a) Each Finance Party shall, in consultation with the BorrowerObligors, take all reasonable steps to mitigate any circumstances which arise and which would result in any Facility ceasing to be available or any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 (Illegality), ) Clause 12 13 (Tax gross-up and indemnities), ) or Clause 13 14 (Increased costs) or Schedule 4 (Mandatory Cost formulaCosts) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office or to another financial institution reasonably acceptable to the Borrower and the AgentOffice. 15.1.2 Clause 15.1.1 b) Paragraph a) above does not in any way limit the obligations of the Borrower any Obligor under the Finance Documents.

Appears in 1 contract

Sources: Facility Agreement (DHT Holdings, Inc.)

Mitigation. 15.1.1 (a) Each Finance Party shall, in consultation with the Borrower, take all reasonable steps to mitigate any circumstances which arise and which would result in the Facility ceasing to be available or any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 (Illegality)) , Clause 12 8 (Tax gross-up and indemnities), ) or Clause 13 (Increased costs) or Schedule 4 (Mandatory Cost formulaCosts) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office or to another financial institution reasonably acceptable to the Borrower and the AgentOffice. 15.1.2 Clause 15.1.1 (b) Paragraph (a) above does not in any way limit the obligations of the Borrower under the Finance Documents.

Appears in 1 contract

Sources: Facility Agreement (Polestar Automotive Holding UK PLC)

Mitigation. 15.1.1 (a) Each Finance Party shall, in consultation with the BorrowerParent, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 8.1 (Illegality), Clause 12 13 (Tax gross-up and indemnities), ) or Clause 13 14 (Increased costs) or paragraph 3 of Schedule 4 7 (Mandatory Cost formulaCosts formulae) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office or to another financial institution reasonably acceptable to the Borrower and the AgentOffice. 15.1.2 Clause 15.1.1 (b) Paragraph (a) above does not in any way limit the obligations of the Borrower any Obligor under the Finance Documents.

Appears in 1 contract

Sources: Multicurrency Term and Revolving Facilities Agreement (Seawell LTD)

Mitigation. 15.1.1 (a) Each Finance Party shall, in consultation with the Borrower, take all reasonable steps to mitigate any circumstances which arise after the date of this Agreement and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 8.1 (Illegality), Clause 12 13 (Tax gross-up and indemnities), Clause 13 14 (Increased costs) or paragraph 3 of Schedule 4 (Mandatory Cost formulaFormulae) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office or to another financial institution reasonably acceptable to the Borrower and the AgentOffice. 15.1.2 Clause 15.1.1 (b) Paragraph (a) above does not in any way limit the obligations of the Borrower any Obligor under the Finance Documents.

Appears in 1 contract

Sources: Facilities Agreement (Cemex Sab De Cv)

Mitigation. 15.1.1 (a) Each Finance Party shall, in consultation with the Borrower, take all reasonable steps to mitigate any circumstances which arise and which would result in any Facility ceasing to be available or any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 (Illegality), Clause 12 (Tax grossGross-up Up and indemnities), Indemnities) or Clause 13 (Increased costs) or Schedule 4 (Mandatory Cost formulaCosts) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office or to another financial institution reasonably acceptable to the Borrower and the AgentOffice. 15.1.2 Clause 15.1.1 (b) Paragraph (a) above does not in any way limit the obligations of the Borrower any Obligor under the Finance Documents.

Appears in 1 contract

Sources: Senior Facilities Agreement (AIR LTD)