Common use of Bank's Duty to Mitigate Clause in Contracts

Bank's Duty to Mitigate. The Bank 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 affected under Section 2.4, 2.5 or 2.6 hereof, the Bank will, to the extent not inconsistent with the Bank's internal policies and customary business practices, use reasonable efforts to make, fund or maintain the LIBOR Portions through another lending branch or office of the Bank if as a result thereof the unlawfulness which would otherwise require payment of such Loans pursuant to Section 2.4 hereof would cease to exist or the circumstances which under Section 2.5 hereof would otherwise terminate such Bank's obligation to make LIBOR Portions would cease to exist or the increased costs or other compensation which would otherwise be required to be paid in respect of LIBOR Portions pursuant to Sections 2.6 hereof would be materially reduced, and if, as determined by the Bank, in its sole discretion, the making, funding or maintaining of such Portions through such other lending branch or office would not otherwise adversely affect such Portions or the Bank. The Company hereby agrees to pay all reasonable expenses incurred by the Bank in utilizing another lending branch or office of the Bank pursuant to this Section 2.9.

Bank's Duty to Mitigate. The Each Bank 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 affected under Section 2.410.1, 2.5 10.2 or 2.6 10.3 hereof, the such Bank will, after notice to the Borrower, to the extent not inconsistent with the such Bank's internal policies and customary business practices, use reasonable its best efforts to make, fund or maintain the LIBOR Portions affected Fixed Rate Loan through another lending branch or office of the such Bank if as a result thereof the unlawfulness which would otherwise require payment of such Loans Loan pursuant to Section 2.4 10.1 hereof would cease to exist or the circumstances which under Section 2.5 hereof would otherwise terminate such Bank's obligation to make LIBOR Portions such Loan under Section 10.2 hereof would cease to exist or the increased costs or other compensation which would otherwise be required to be paid in respect of LIBOR Portions such Loan pursuant to Sections 2.6 Section 10.3 hereof would be materially reduced, and if, as determined by the such Bank, in its sole discretion, the making, funding or maintaining of such Portions Loan through such other lending branch or office would not otherwise adversely affect such Portions Loan or the such Bank. The Company Borrower hereby agrees to pay all reasonable expenses incurred by the each such Bank in utilizing another lending branch or office of the Bank pursuant to this Section 2.910.6.

Bank's Duty to Mitigate. The Each Bank 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 affected under Section 2.410.1, 2.5 10.2 or 2.6 10.3 hereof, the such Bank will, after notice to the Borrower, to the extent not inconsistent with the such Bank's internal policies and customary business practices, use its reasonable best efforts to make, fund or maintain the LIBOR Portions affected Fixed Rate Loan through another lending branch or office of the such Bank if as a result thereof the unlawfulness which would otherwise require payment of such Loans Loan pursuant to Section 2.4 10.1 hereof would cease to exist or the circumstances which under Section 2.5 hereof would otherwise terminate such Bank's obligation to make LIBOR Portions such Loan under Section 10.2 hereof would cease to exist or the increased costs or other compensation which would otherwise be required to be paid in respect of LIBOR Portions such Loan pursuant to Sections 2.6 Section 10.3 hereof would be materially reduced, and if, as determined by the such Bank, in its sole discretion, the making, funding or maintaining of such Portions Loan through such other lending branch or office would not otherwise adversely affect such Portions Loan or the such Bank. The Company Borrower hereby agrees to pay all reasonable expenses incurred by the each such Bank in utilizing another lending branch or office of the Bank pursuant to this Section 2.9.10.6. -57-