Common use of Duty to Mitigate; Assignment of Commitments Under Certain Circumstances Clause in Contracts

Duty to Mitigate; Assignment of Commitments Under Certain Circumstances. (a) Any of the Administrative Agent, the Fronting Bank, the Swingline Lender or any Lender (or Transferee) claiming any additional amounts payable pursuant to Section 2.14 or Section 2.20 or exercising its rights under Section 2.15 shall use reasonable efforts (consistent with legal and regulatory restrictions) to file any certificate or document requested by the Borrower or to change the jurisdiction of its applicable lending office if the making of such filing or change would avoid the need for or reduce the amount of any such additional amounts that may thereafter accrue or avoid the circumstances giving rise to such exercise and would not, in the sole determination of such Lender (or Transferee), the Administrative Agent, the Fronting Bank or the Swingline Lender, as the case may be, require it to incur additional costs or be otherwise disadvantageous to such Lender (or Transferee), the Administrative Agent, the Fronting Bank or the Swingline Lender.

Appears in 4 contracts

Samples: Credit Agreement (Smurfit Stone Container Corp), Credit Agreement (Jsce Inc), Credit Agreement (Smurfit Stone Container Corp)

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Duty to Mitigate; Assignment of Commitments Under Certain Circumstances. (a) Any of the Administrative Agent, the Fronting Bank, the Swingline Lender Facing Agent or any Lender (or Transferee) claiming any additional amounts payable pursuant to Section 2.14 or Section 2.20 or exercising its rights under Section 2.15 shall ------------ ------------ ------------ use reasonable efforts (consistent with legal and regulatory restrictions) to file any certificate or document requested by the either Borrower or to change the jurisdiction of its applicable lending office if the making of such filing or change would avoid the need for or reduce the amount of any such additional amounts that may thereafter accrue or avoid the circumstances giving rise to such exercise and would not, in the sole determination of such Lender (or Transferee), the Administrative Agent, the Fronting Bank Agent or the Swingline LenderFacing Agent, as the case may be, require it to incur additional costs or be otherwise disadvantageous to such Lender (or Transferee), the Administrative Agent, the Fronting Bank Agent or the Swingline LenderFacing Agent.

Appears in 1 contract

Samples: Credit Agreement (Stone Container Corp)

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Duty to Mitigate; Assignment of Commitments Under Certain Circumstances. (a) Any of the Administrative Agent, the Fronting BankFacing Agent, the Swingline Lender or any Lender (or Transferee) claiming any additional amounts payable pursuant to Section 2.14 or Section 2.20 or exercising its rights under ------------ ------------ Section 2.15 shall use reasonable efforts (consistent with legal and regulatory ------------ restrictions) to file any certificate or document requested by the Borrower or to change the jurisdiction of its applicable lending office if the making of such filing or change would avoid the need for or reduce the amount of any such additional amounts that may thereafter accrue or avoid the circumstances giving rise to such exercise and would not, in the sole determination of such Lender (or Transferee), the Administrative Agent, the Fronting Bank Facing Agent or the Swingline Lender, as the case may be, require it to incur additional costs or be otherwise disadvantageous to such Lender (or Transferee), the Administrative Agent, the Fronting Bank Facing Agent or the Swingline Lender.

Appears in 1 contract

Samples: Credit Agreement (Stone Container Corp)

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