Common use of Affected Lenders' Obligation to Mitigate Clause in Contracts

Affected Lenders' Obligation to Mitigate. Each Lender agrees that, as promptly as practicable after it becomes aware of the occurrence of an event or the existence of a condition that would cause it to be an Affected Lender under Section 2.09(b) or 2.09(c) hereof, it will, to the extent not inconsistent with such Lender’s internal policies, use reasonable efforts to make, fund or maintain the affected Loans of such Lender through another Applicable Lending Office if as a result thereof the additional moneys which would otherwise be required to be paid in respect of such Loans pursuant to Section 2.09(b) hereof would be materially reduced or the illegality or other adverse circumstances which would otherwise require prepayment of such Loans pursuant to Section 2.09(c) hereof would cease to exist and if, as determined by such Lender, in its sole discretion, the making, funding or maintaining of such Loans through such other Applicable Lending Office would not otherwise materially adversely affect such Loans or such Lender. The Borrower hereby agrees to pay all reasonable expenses incurred by any Lender in utilizing another Applicable Lending Office pursuant to this Section 2.09(f).

Appears in 3 contracts

Samples: Credit Agreement (Textron Inc), Credit Agreement (Textron Inc), Credit Agreement (Textron Inc)

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Affected Lenders' Obligation to Mitigate. Each Lender agrees that, as promptly as practicable after it becomes aware of the occurrence of an event or the existence of a condition that would cause it to be an Affected Lender under Section 2.09(b) subsection 2.6B or 2.09(c) hereof2.6C, it will, to the extent not inconsistent with such Lender’s 's internal policies, use reasonable commercial efforts to make, fund or maintain the affected Eurodollar Rate Loans of such Lender through another Applicable Lending Office lending office of such Lender if as a result thereof the additional moneys which would otherwise be required to be paid in respect of such Loans pursuant to Section 2.09(b) hereof subsection 2.6B would be materially reduced or the illegality or other adverse circumstances which would otherwise require prepayment of such Loans pursuant to Section 2.09(c) hereof subsection 2.6C would cease to exist and if, as determined by such Lender, in its sole discretion, the making, funding or maintaining of such Loans through such other Applicable Lending Office lending office would not otherwise materially adversely affect such Loans or such Lender. The applicable Borrower hereby agrees to pay all reasonable expenses incurred by any Lender in utilizing another Applicable Lending Office lending office of such Lender pursuant to this Section 2.09(f).subsection 2.6J.

Appears in 3 contracts

Samples: Quarterly Report, Secured Credit Agreement (Oi Levis Park STS Inc), Secured Credit Agreement (Owens Illinois Inc /De/)

Affected Lenders' Obligation to Mitigate. Each Lender agrees that, as promptly as practicable after it becomes aware of the occurrence of an event or the existence of a condition that would cause it to be an Affected Lender under Section 2.09(b) subsection 2.6B or 2.09(c) hereof2.6C, it will, to the extent not inconsistent with such Lender’s 's internal policies, use reasonable its best efforts to make, fund or maintain the affected Eurodollar Rate Loans of such Lender through another Applicable Lending Office lending office of such Lender if as a result thereof the additional moneys which would otherwise be required to be paid in respect of such Loans pursuant to Section 2.09(b) hereof subsection 2.6B would be materially reduced or the illegality or other adverse circumstances which would otherwise require prepayment of such Loans pursuant to Section 2.09(c) hereof subsection 2.6C would cease to exist and if, as determined by such Lender, in its sole discretion, the making, funding or maintaining of such Loans through such other Applicable Lending Office lending office would not otherwise materially adversely affect such Loans or such Lender. The Borrower Company hereby agrees to pay all reasonable expenses incurred by any Lender in utilizing another Applicable Lending Office lending office of such Lender pursuant to this Section 2.09(f).subsection 2.6J.

Appears in 2 contracts

Samples: Credit Agreement (Owens Illinois Inc /De/), Credit Agreement (Owens Illinois Inc /De/)

Affected Lenders' Obligation to Mitigate. Each Lender agrees that, as promptly as practicable after it becomes aware of the occurrence of an event or the existence of a condition that would cause it to be an Affected Lender under Section 2.09(b‎Section 2.09(b)(i) or 2.09(c‎2.09(c) hereof, it will, to the extent not inconsistent with such Lender’s internal policies, use reasonable efforts to make, fund or maintain the affected Loans of such Lender through another Applicable Lending Office if as a result thereof the additional moneys which would otherwise be required to be paid in respect of such Loans pursuant to Section 2.09(b‎Section 2.09(b)(i) hereof would be materially reduced or the illegality or other adverse circumstances which would otherwise require prepayment of such Loans pursuant to Section ‎Section 2.09(c) hereof would cease to exist and if, as determined by such Lender, in its sole discretion, the making, funding or maintaining of such Loans through such other Applicable Lending Office would not otherwise materially adversely affect such Loans or such Lender. The Borrower hereby agrees to pay all reasonable expenses incurred by any Lender in utilizing another Applicable Lending Office pursuant to this Section ‎Section 2.09(f).

Appears in 2 contracts

Samples: 364 Day Term Loan Credit Agreement (Textron Inc), Credit Agreement (Textron Inc)

Affected Lenders' Obligation to Mitigate. Each Lender agrees that, as promptly as practicable after it becomes aware of the occurrence of an event or the existence of a condition that would cause it to be an Affected Lender under Section 2.09(b) subsection 2.6B or 2.09(c) hereof2.6C, it will, to the extent not inconsistent with such Lender’s internal policies, use reasonable commercial efforts to make, fund or maintain the affected Euro Rate Loans of such Lender through another Applicable Lending Office lending office of such Lender if as a result thereof the additional moneys which would otherwise be required to be paid in respect of such Loans pursuant to Section 2.09(b) hereof subsection 2.6B would be materially reduced or the illegality or other adverse circumstances which would otherwise require prepayment of such Loans pursuant to Section 2.09(c) hereof subsection 2.6C would cease to exist and if, as determined by such Lender, in its sole discretion, the making, funding or maintaining of such Loans through such other Applicable Lending Office lending office would not otherwise materially adversely affect such Loans or such Lender. The applicable Borrower hereby agrees to pay all reasonable expenses incurred by any Lender in utilizing another Applicable Lending Office lending office of such Lender pursuant to this Section 2.09(f).subsection 2.6J.

Appears in 2 contracts

Samples: Secured Credit Agreement (Owens Illinois Group Inc), Secured Credit Agreement (Owens Illinois Inc /De/)

Affected Lenders' Obligation to Mitigate. Each Lender agrees that, as promptly as practicable after it becomes aware of the occurrence of an event or the existence of a condition that would cause it to be an Affected Lender under Section 2.09(b) subsection 2.9B or 2.09(c) hereof2.9C, it will, to the extent not inconsistent with such Lender’s 's internal policies, use reasonable its best efforts to make, fund or maintain the affected Eurodollar Rate Revolving Loans of such Lender through another Applicable Lending Office lending office of such Lender if as a result thereof the additional moneys which would otherwise be required to be paid in respect of such Loans pursuant to Section 2.09(b) hereof subsection 2.9B would be materially reduced or the illegality or other adverse circumstances which would otherwise require prepayment of such Loans pursuant to Section 2.09(c) hereof subsection 2.9C would cease to exist and if, as determined by such Lender, in its sole discretion, the making, funding or maintaining of such Loans through such other Applicable Lending Office lending office would not otherwise materially adversely affect such Loans or such LenderLender (it being understood that materiality for these purposes shall be determined by reference to the benefits received by such Lender under this Agreement). The Borrower hereby agrees to pay all reasonable expenses incurred by any Lender in utilizing another Applicable Lending Office lending office of such Lender pursuant to this Section 2.09(f).subsection 2.9F.

Appears in 1 contract

Samples: Credit Agreement (Burlington Industries Inc /De/)

Affected Lenders' Obligation to Mitigate. Each Lender agrees that, as promptly as practicable after it becomes aware of the occurrence of an event or the existence of a condition that would cause it to be an Affected Lender under Section 2.09(b) subsection 2.6B or 2.09(c) hereof2.6C, it will, to the extent not inconsistent with such Lender’s 's internal policies, use reasonable its best efforts to make, fund or maintain the affected Eurodollar Rate Loans or Offshore Periodic Rate Loans, as the case may be, of such Lender through another Applicable Lending Office lending office of such Lender if as a result thereof the additional moneys which would otherwise be required to be paid in respect of such Loans pursuant to Section 2.09(b) hereof subsection 2.6B would be materially reduced or the illegality or other adverse circumstances which would otherwise require prepayment of such Loans pursuant to Section 2.09(c) hereof subsection 2.6C would cease to exist and if, as determined by such Lender, in its sole discretion, the making, funding or maintaining of such Loans through such other Applicable Lending Office lending office would not otherwise materially adversely affect such Loans or such Lender. The applicable Borrower hereby agrees to pay all reasonable expenses incurred by any Lender in utilizing another Applicable Lending Office lending office of such Lender pursuant to this Section 2.09(f).subsection 2.6J.

Appears in 1 contract

Samples: Credit Agreement (Owens Illinois Inc /De/)

Affected Lenders' Obligation to Mitigate. Each Lender agrees that, as promptly as practicable after it becomes aware of the occurrence of an event or the existence of a condition that would cause it to be an Affected Lender under Section 2.09(b) subsection 2.6B or 2.09(c) hereof2.6C, it will, to the extent not inconsistent with such Lender’s internal policies, use reasonable commercial efforts to make, fund or maintain the affected Loans of such Lender through another Applicable Lending Office lending office of such Lender if as a result thereof the additional moneys which would otherwise be required to be paid in respect of such Loans pursuant to Section 2.09(b) hereof subsection 2.6B would be materially reduced or the illegality or other adverse circumstances which would otherwise require prepayment of such Loans pursuant to Section 2.09(c) hereof subsection 2.6C would cease to exist and if, as determined by such Lender, in its sole discretion, the making, funding or maintaining of such Loans through such other Applicable Lending Office lending office would not otherwise materially adversely affect such Loans or such Lender. The applicable Borrower hereby agrees to pay all reasonable expenses incurred by any Lender in utilizing another Applicable Lending Office lending office of such Lender pursuant to this Section 2.09(f).subsection 2.6K.

Appears in 1 contract

Samples: Credit Agreement (Owens Illinois Group Inc)

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Affected Lenders' Obligation to Mitigate. Each Lender agrees that, as promptly as practicable after it becomes aware of the occurrence of an event or the existence of a condition that would cause it to be an Affected Lender under Section 2.09(b) subsection 2.6B or 2.09(c) hereof2.6C or that would entitle such Lender to receive payments under subsection 2.6H, it will, to the extent not inconsistent with such Lender’s 's internal policies, use reasonable efforts to make, fund or maintain the affected Eurodollar Rate Loans of such Lender through another Applicable Lending Office lending office of such Lender if as a result thereof the additional moneys which would otherwise be required to be paid in respect of to such Loans Lender pursuant to Section 2.09(b) hereof subsection 2.6B or 2.6H would be materially reduced or the illegality or other adverse circumstances which would otherwise require prepayment of such Loans pursuant to Section 2.09(c) hereof subsection 2.6C would cease to exist exist, and if, as determined by such Lender, Lender in its sole discretion, the making, funding or maintaining of such Loans through such other Applicable Lending Office lending office would not otherwise materially adversely affect such Loans or such Lender. The Borrower hereby agrees to pay all reasonable expenses incurred by any Lender in utilizing another Applicable Lending Office lending office of such Lender pursuant to this Section 2.09(f).subsection 2.6K.

Appears in 1 contract

Samples: Credit Agreement (Wherehouse Entertainment Inc)

Affected Lenders' Obligation to Mitigate. Each Lender agrees that, as promptly as practicable after it becomes aware aware, or is notified by a Borrower, of the occurrence of an event or the existence of a condition that would cause it to be an Affected Lender under Section 2.09(b) subsection 2.6B or 2.09(c) hereof2.6C, it will, to the extent not inconsistent with such Lender’s internal policies, use reasonable commercial efforts to make, fund or maintain the affected Loans of such Lender through another Applicable Lending Office lending office of such Lender if as a result thereof the additional moneys which would otherwise be required to be paid in respect of such Loans pursuant to Section 2.09(b) hereof subsection 2.6B would be materially reduced or the illegality or other adverse circumstances which would otherwise require prepayment of such Loans pursuant to Section 2.09(c) hereof subsection 2.6C would cease to exist and if, as determined by such Lender, in its sole discretion, the making, funding or maintaining of such Loans through such other Applicable Lending Office lending office would not otherwise materially adversely affect such Loans or such Lender. The applicable Borrower hereby agrees to pay all reasonable expenses incurred by any Lender in utilizing another Applicable Lending Office lending office of such Lender pursuant to this Section 2.09(f).subsection 2.6K.

Appears in 1 contract

Samples: Credit Agreement (Owens-Illinois Group Inc)

Affected Lenders' Obligation to Mitigate. Each Lender agrees that, as promptly as practicable after it becomes aware of the occurrence of an event or the existence of a condition that would cause it to be an Affected Lender under Section 2.09(b) or 2.09(c) hereof, it will, to the extent not inconsistent with such Lender’s internal policies, use reasonable efforts to make, fund or maintain the affected Loans Term Loan of such Lender through another Applicable Lending Office if as a result thereof the additional moneys which would otherwise be required to be paid in respect of such Loans pursuant to Section 2.09(b) hereof would be materially reduced or the illegality or other adverse circumstances which would otherwise require prepayment of such Loans Term Loan pursuant to Section 2.09(c) hereof would cease to exist and if, as determined by such Lender, in its sole discretion, the making, funding or maintaining of such Loans Term Loan through such other Applicable Lending Office would not otherwise materially adversely affect such Loans Term Loan or such Lender. The Borrower hereby agrees to pay all reasonable expenses incurred by any Lender in utilizing another Applicable Lending Office pursuant to this Section 2.09(f).

Appears in 1 contract

Samples: Term Credit Agreement (Textron Inc)

Affected Lenders' Obligation to Mitigate. Each Lender agrees that, as promptly as practicable after it becomes aware of the occurrence of an event or the existence of a condition that would cause it to be an Affected Lender under Section 2.09(b2.06(b) or 2.09(c2.06(c) hereofor that would entitle such Lender to receive payments under Section 2.06(g) or 2.06(i), it will, to the extent not inconsistent with such Lender’s 's internal policies, use reasonable efforts to make, fund or maintain the affected Eurodollar Rate Loans of such Lender through another Applicable Lending Office lending office of such Lender if as a result thereof the additional moneys which would otherwise be required to be paid in respect of to such Loans Lender pursuant to Section 2.09(b2.06(b), 2.06(g) hereof or 2.06 (i) would be materially reduced or the illegality or other adverse circumstances which would otherwise require prepayment of such Loans pursuant to Section 2.09(c2.06(c) hereof would cease to exist exist, and if, as determined by such Lender, Lender in its sole discretion, the making, funding or maintaining of such Loans through such other Applicable Lending Office lending office would not otherwise materially adversely affect such Loans or such Lender. The Borrower hereby agrees to pay all reasonable expenses incurred by any Lender in utilizing another Applicable Lending Office lending office of such Lender pursuant to this Section 2.09(f2.06(l).

Appears in 1 contract

Samples: Credit Agreement (American Homepatient Inc)

Affected Lenders' Obligation to Mitigate. Each Lender agrees that, as promptly as practicable after it becomes aware of the occurrence of an event or the existence of a condition that would cause it to be an Affected Lender under Section 2.09(b) subsection 2.7B or 2.09(c) hereof2.7C or that would entitle such Lender to receive payments under subsection 2.7H, it will, to the extent not inconsistent with such Lender’s 's internal policies, use reasonable efforts to make, fund or maintain the affected Eurodollar Rate Loans of such Lender through another Applicable Lending Office lending office of such Lender if as a result thereof the additional moneys which would otherwise be required to be paid in respect of to such Loans Lender pursuant to Section 2.09(b) hereof subsection 2.7B or 2.7H would be materially reduced or the illegality or other adverse circumstances which would otherwise require prepayment of such Loans pursuant to Section 2.09(c) hereof subsection 2.7C would cease to exist exist, and if, as determined by such Lender, Lender in its sole discretion, the making, funding or maintaining of such Loans through such other Applicable Lending Office lending office would not otherwise materially adversely affect such Loans or such Lender. The Borrower hereby agrees to pay all reasonable expenses incurred by any Lender in utilizing another Applicable Lending Office lending office of such Lender pursuant to this Section 2.09(f).subsection 2.7K.

Appears in 1 contract

Samples: Credit Agreement (Blue Bird Corp)

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