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 Lender (or Eligible Assignee) claiming any additional amounts payable pursuant to SECTION 4.14, 4.15 or 4.17 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 a filing or change would avoid the need for or reduce the amount of any such additional amounts which may thereafter accrue or avoid the circumstances giving rise to such exercise and would not, in the sole determination of such Lender (or Eligible Assignee), be otherwise disadvantageous to such Lender (or Eligible Assignee).

Appears in 2 contracts

Samples: Credit Agreement (Suburban Propane Partners Lp), Credit Agreement (Suburban Propane Partners Lp)

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Duty to Mitigate; Assignment of Commitments Under Certain Circumstances. (a) Any Lender (or Eligible Assignee) claiming any additional amounts payable pursuant to SECTION 4.14Sections 4.13, 4.15 4.14 or 4.17 4.16, 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 a filing or change would avoid the need for or reduce the amount of any such additional amounts which may thereafter accrue or avoid the circumstances giving rise to such exercise and would not, in the sole determination of such Lender (or Eligible Assignee), be otherwise disadvantageous to such Lender (or Eligible Assignee).

Appears in 2 contracts

Samples: Credit Agreement (Inergy L P), Credit Agreement (Inergy L P)

Duty to Mitigate; Assignment of Commitments Under Certain Circumstances. (a) Any Lender (or Eligible AssigneeTransferee) claiming any indemnity payment or additional amounts payable pursuant to SECTION 4.14, 4.15 Section 2.13 or 4.17 Section 2.19 shall use reasonable efforts (consistent with legal and regulatory restrictions) to file any certificate or document reasonably requested in writing by the Borrower or to change the jurisdiction of its applicable lending office if the making of such a filing or change would avoid the need for or reduce the amount of any such indemnity payment or additional amounts which that may thereafter accrue or avoid the circumstances giving rise to such exercise and would not, in the sole reasonable determination of such Lender (or Eligible AssigneeTransferee), be otherwise disadvantageous to such Lender (or Eligible AssigneeTransferee).

Appears in 1 contract

Samples: Credit Facility Agreement (National City Corp)

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Duty to Mitigate; Assignment of Commitments Under Certain Circumstances. (a) Any Lender (or Eligible Assignee) claiming any additional amounts payable pursuant to SECTION 4.14, 4.15 or OR 4.17 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 a filing or change would avoid the need for or reduce the amount of any such additional amounts which may thereafter accrue or avoid the circumstances giving rise to such exercise and would not, in the sole determination of such Lender (or Eligible Assignee), be otherwise disadvantageous to such Lender (or Eligible Assignee).

Appears in 1 contract

Samples: Credit Agreement (Suburban Propane Partners Lp)

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