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

Lender's Duty to Mitigate. Before giving notice to the Administrative Agent under this Section 5.3, the affected Lender shall endeavor to designate a different Lending Office with respect to its Term Loan if such designation will avoid the need for giving such notice or making such demand and will not, in the Lender’s sole determination, be illegal or cause such Lender to suffer any economic, legal, regulatory or other disadvantage.

Appears in 3 contracts

Samples: Financing Agreement (Nortel Networks LTD), Accounts Payable Financing Agreement (Nortel Networks Corp), Financing Agreement (Impsat Fiber Networks Inc)

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Lender's Duty to Mitigate. Before giving notice to the Administrative Agent under this Section 5.35.2, the affected Lender shall endeavor to designate a different Lending Office with respect to its Term Loan or endeavor in good faith to provide another structure for its Term Loan if such designation or alternative structure will avoid the need for giving such notice or making such demand and will not, in the Lender’s sole determination, be illegal or cause such Lender to suffer any economic, legal, regulatory or other disadvantage.

Appears in 3 contracts

Samples: Financing Agreement (Nortel Networks LTD), Accounts Payable Financing Agreement (Nortel Networks Corp), Financing Agreement (Impsat Fiber Networks Inc)

Lender's Duty to Mitigate. Before giving notice to the Administrative Agent under this Section 5.3, the affected Lender shall endeavor to designate a different Lending Office with respect to its Term Loan if such designation will avoid the need for giving such notice or making such demand and will not, in the Lender’s 's sole determination, be illegal or cause such Lender to suffer any economic, legal, regulatory or other disadvantage.

Appears in 2 contracts

Samples: Financing Agreement (Impsat Fiber Networks Inc), Financing Agreement (Impsat Fiber Networks Inc)

Lender's Duty to Mitigate. Before giving notice to the Administrative Agent under this Section 5.35.2, the affected Lender shall endeavor to designate a different Lending Office with respect to its Term Loan or endeavor in good faith to provide another structure for its Term Loan if such designation or alternative structure will avoid the need for giving such notice or making such demand and will not, in the Lender’s 's sole determination, be illegal or cause such Lender to suffer any economic, legal, regulatory or other disadvantage.

Appears in 2 contracts

Samples: Financing Agreement (Impsat Fiber Networks Inc), Financing Agreement (Impsat Fiber Networks Inc)

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Lender's Duty to Mitigate. Before giving notice to the Administrative Agent under this Section 5.3, the affected Lender shall endeavor to designate a different Lending Office with respect to its Term Loan or endeavor in good faith to provide another structure for its Loan if such designation or alternative structure will avoid the need for giving such notice or making such demand and will not, in the Lender’s 's sole determination, be illegal or cause such Lender to suffer any economic, legal, regulatory or other disadvantage.

Appears in 2 contracts

Samples: Financing Agreement (Impsat Fiber Networks Inc), Financing Agreement (Impsat Fiber Networks Inc)

Lender's Duty to Mitigate. Before giving notice to the Administrative Agent under this Section 5.35.4, the affected Lender shall endeavor to designate a different Lending Office with respect to its Term Loan if such designation will avoid the need for giving such notice or making such demand and will not, in the Lender’s 's sole determination, be illegal or cause such Lender to suffer any economic, legal, regulatory or other disadvantage.

Appears in 1 contract

Samples: Financing Agreement (Impsat Fiber Networks Inc)

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