Limitation of Liability. (a) The Borrower shall indemnify each Finance Party for all costs and expenses reasonably incurred by that Finance Party as a result of steps taken by it under Clause 15.1 (Mitigation). (b) A Finance Party is not obliged to take any steps under Clause 15.1 (Mitigation) if, in the opinion of that Finance Party (acting reasonably), to do so might be prejudicial to it.
Appears in 37 contracts
Samples: Term Facility Agreement, Debtor in Possession Credit Agreement (Eagle Bulk Shipping Inc.), $300,000,000 Ekn Supported Facility Agreement (Mobile Telesystems Ojsc)
Limitation of Liability. (a) The Borrower Company shall indemnify each Finance Party for all costs and expenses reasonably incurred by that Finance Party as a result of steps taken by it under Clause 15.1 16.1 (Mitigation).
(b) A Finance Party is not obliged to take any steps under Clause 15.1 16.1 (Mitigation) if, in the opinion of that Finance Party (acting reasonably), to do so might be prejudicial to it.
Appears in 27 contracts
Samples: Loan Agreement (Intercontinental Hotels Group PLC /New/), Multicurrency Term and Revolving Facilities Agreement (Xstrata PLC), Multicurrency Term and Revolving Facilities Agreement (Xstrata PLC)
Limitation of Liability. (a) The Borrower shall indemnify each Finance Party for all costs and expenses reasonably incurred by that Finance Party as a result of steps taken by it under Clause 15.1 16.1 (Mitigation).
(b) A Finance Party is not obliged to take any steps under Clause 15.1 16.1 (Mitigation) if, in the opinion of that Finance Party (acting reasonably), to do so might be prejudicial to it.
Appears in 26 contracts
Samples: Facility Agreement (Bunge LTD), Facilities Agreement (3SBio Inc.), Multicurrency Revolving Facility Agreement (Anthracite Capital Inc)
Limitation of Liability. (a) The Borrower shall promptly indemnify each Finance Party for all costs and expenses reasonably incurred by that Finance Party as a result of steps taken by it under Clause 15.1 (Mitigation).
(b) A Finance Party is not obliged to take any steps under Clause 15.1 (Mitigation) if, in the opinion of that Finance Party (acting reasonably), to do so might be prejudicial to it.
Appears in 20 contracts
Samples: Facility Agreement (Madeleine Charging B.V.), Facility Agreement (Bristow Group Inc.), Facility Agreement (Bristow Group Inc.)
Limitation of Liability. (a) The Borrower Company shall promptly indemnify each Finance Party for all costs and expenses reasonably incurred by that Finance Party as a result of steps taken by it under Clause 15.1 (Mitigation).
(b) A Finance Party is not obliged to take any steps under Clause 15.1 (Mitigation) if, in the opinion of that Finance Party (acting reasonably), to do so might be prejudicial to it.
Appears in 19 contracts
Samples: Bridge Facility Agreement (Smurfit WestRock LTD), Bridge Facility Agreement, Syndicated Loan Agreement (Hillenbrand, Inc.)
Limitation of Liability. (a) The Borrower shall promptly indemnify each Finance Party for all costs and expenses reasonably incurred by that Finance Party as a result of steps taken by it under Clause 15.1 17.1 (Mitigation).
(b) A Finance Party is not obliged to take any steps under Clause 15.1 17.1 (Mitigation) if, in the opinion of that Finance Party (acting reasonably), to do so might be prejudicial to it.
Appears in 13 contracts
Samples: Bridge Facilities Agreement (Compagnie Maritime Belge NV), Bridge Facilities Agreement (Compagnie Maritime Belge NV), Supplemental Agreement (Iridium Communications Inc.)
Limitation of Liability. (a) The Borrower Parent shall indemnify each Finance Party for all costs and expenses reasonably incurred by that Finance Party as a result of steps taken by it under Clause 15.1 (Mitigation).
(b) A Finance Party is not obliged to take any steps under Clause 15.1 (Mitigation) if, in the opinion of that Finance Party (acting reasonably), to do so might be prejudicial to it.
Appears in 12 contracts
Samples: Amendment and Restatement Agreement (Ferguson PLC), Credit Facility Agreement, Credit Facilities Agreement (Gold Fields LTD)
Limitation of Liability. (a) The Borrower shall promptly indemnify each Finance Party for all costs and expenses reasonably incurred by that Finance Party as a result of steps taken by it under Clause 15.1 14.1 (Mitigation).
(b) A Finance Party is not obliged to take any steps under Clause 15.1 14.1 (Mitigation) if, in the opinion of that Finance Party (acting reasonably), to do so might be prejudicial to it.
Appears in 11 contracts
Samples: Facility Agreement (Advanced Technology (Cayman) LTD), Facility Agreement (Polestar Automotive Holding UK PLC), Facility Agreement (Polestar Automotive Holding UK PLC)
Limitation of Liability. (a) The Borrower Company shall indemnify each Finance Party for all costs and expenses reasonably incurred by that Finance Party as a result of steps taken by it under Clause 15.1 19.1 (Mitigation).
(b) A Finance Party is not obliged to take any steps under Clause 15.1 19.1 (Mitigation) if, in the opinion of that Finance Party (acting reasonably), to do so might be prejudicial to it.
Appears in 11 contracts
Samples: Senior Facilities Agreement (Liberty Global PLC), Super Senior Facilities Agreement (Liberty Global PLC), Senior Facilities Agreement (Liberty Global PLC)
Limitation of Liability. (a) The Borrower Borrowers shall indemnify each Finance Party for all costs and expenses reasonably incurred by that Finance Party as a result of steps taken by it under Clause 15.1 13.2 (Mitigation).
(b) A Finance Party is not obliged to take any steps under Clause 15.1 13.2 (Mitigation) if, in the opinion of that Finance Party (acting reasonably), to do so might be prejudicial to it.
Appears in 10 contracts
Samples: Facility Agreement (Liberty Global, Inc.), Credit Agreement (Unitedglobalcom Inc), Credit Agreement (Unitedglobalcom Inc)
Limitation of Liability. (a) The Borrower Company shall indemnify each Finance Party for all costs and expenses reasonably incurred by that Finance Party as a result of steps taken by it under Clause 15.1 17.1 (Mitigation).
(b) A Finance Party is not obliged to take any steps under Clause 15.1 17.1 (Mitigation) if, in the opinion of that Finance Party (acting reasonably), to do so might be prejudicial to it.
Appears in 10 contracts
Samples: Mgo Facility Agreement, Senior Term and Revolving Facilities Agreement (Melrose PLC), Debt Bridge Facility Agreement (Xstrata PLC)
Limitation of Liability. (a) The Borrower shall promptly indemnify each Finance Party for all costs and expenses reasonably incurred by that Finance Party as a result of steps taken by it under Clause 15.1 16.1 (Mitigation).
(b) A Finance Party is not obliged to take any steps under Clause 15.1 16.1 (Mitigation) if, in the opinion of that Finance Party (acting reasonably), to do so might be prejudicial to it.
Appears in 9 contracts
Samples: Single Currency Revolving Facility Agreement (StoneX Group Inc.), Facility Agreement, Usd 75,000,000 Single Currency Revolving Facility Agreement (StoneX Group Inc.)
Limitation of Liability. (a) The Borrower shall indemnify each Finance Party for all costs and expenses reasonably incurred by that Finance Party as a result of steps taken by it under Clause 15.1 18.1 (Mitigation).
(b) A Finance Party is not obliged to take any steps under Clause 15.1 18.1 (Mitigation) if, in the opinion of that Finance Party (acting reasonably), to do so might be prejudicial to it.
Appears in 9 contracts
Samples: Amendment and Restatement Agreement (STUDIO CITY INTERNATIONAL HOLDINGS LTD), Amendment and Restatement Agreement (Melco Resorts & Entertainment LTD), Credit Facility Agreement (Lafarge)
Limitation of Liability. (a) 17.2.1 The Borrower shall indemnify each Finance Party for all costs and expenses reasonably incurred by that Finance Party as a result of steps taken by it under Clause 15.1 17.1 (Mitigation).
(b) 17.2.2 A Finance Party is not obliged to take any steps under Clause 15.1 17.1 (Mitigation) if, in the opinion of that Finance Party (acting reasonably), to do so might be prejudicial to it.
Appears in 8 contracts
Samples: Revolving Credit Facility Agreement (Mercer International Inc.), Term Facility Agreement (Enstar Group LTD), Borrowing Base Facility Agreement (MIE Holdings Corp)
Limitation of Liability. (a) The Borrower shall promptly indemnify each Finance Party for all costs and expenses reasonably incurred by that Finance Party as a result of steps taken by it under Clause clause 15.1 (Mitigation).
(b) A Finance Party is not obliged to take any steps under Clause clause 15.1 (Mitigation) if, in the opinion of that Finance Party (acting reasonably), to do so might be prejudicial to it.
Appears in 8 contracts
Samples: Facility Agreement (Navigator Holdings Ltd.), Loan Note Subscription Agreement (Metals Acquisition LTD), Loan Note Subscription Agreement (Metals Acquisition Corp)
Limitation of Liability. (a) The Borrower Company shall promptly indemnify each Finance Party for all costs and expenses reasonably incurred by that Finance Party as a result of steps taken by it under Clause 15.1 14.1 (Mitigation).
(b) A Finance Party is not obliged to take any steps under Clause 15.1 14.1 (Mitigation) if, in the opinion of that Finance Party (acting reasonably), to do so might reasonably be expected to be prejudicial to it.
Appears in 8 contracts
Samples: Third Amendment and Restatement Agreement (Alibaba Group Holding LTD), Facility Agreement, Facility Agreement (Alibaba Group Holding LTD)
Limitation of Liability. (a) The Borrower Company shall promptly indemnify each Finance Party for all costs and expenses reasonably incurred by that Finance Party as a result of steps taken by it under Clause 15.1 16.1 (Mitigation).
(b) A Finance Party is not obliged to take any steps under Clause 15.1 16.1 (Mitigation) if, in the opinion of that Finance Party (acting reasonably), to do so might be prejudicial to it.
Appears in 8 contracts
Samples: Multicurrency Revolving Facility Agreement (H Lundbeck a S), Term Loan Facility Agreement (Amc Entertainment Holdings, Inc.), Amendment and Restatement Agreement (Alliance Data Systems Corp)
Limitation of Liability. (a) The Borrower shall indemnify each Finance Party for all costs and expenses reasonably incurred by that Finance Party as a result of steps taken by it under Clause 15.1 17.1 (Mitigation).
(b) A Finance Party is not obliged to take any steps under Clause 15.1 17.1 (Mitigation) if, in the opinion of that Finance Party (acting reasonably), to do so might be prejudicial to it.
Appears in 7 contracts
Samples: Facility Agreement (Bungeltd), Amendment and Restatement Agreement (Cascal N.V.), Term Facility Agreement (Tongjitang Chinese Medicines Co)
Limitation of Liability. (a) The Borrower Borrowers shall promptly indemnify each Finance Party for all costs and expenses reasonably incurred by that Finance Party as a result of steps taken by it under Clause 15.1 (Mitigation).
(b) . A Finance Party is not obliged to take any steps under Clause 15.1 (Mitigation) if, in the its opinion of that Finance Party (acting reasonably), to do so might be prejudicial to it.
Appears in 7 contracts
Samples: Secured Loan Agreement (Performance Shipping Inc.), Secured Loan Facility Agreement (Diana Containerships Inc.), Secured Loan Agreement (Diana Containerships Inc.)
Limitation of Liability. (a) The Borrower Company shall (or shall procure that an Obligor will) promptly indemnify each Finance Party for all costs and expenses reasonably incurred by that Finance Party as a result of steps taken by it under Clause 15.1 19.1 (Mitigation).
(b) A Finance Party is not obliged to take any steps under Clause 15.1 19.1 (Mitigation) if, in the opinion of that Finance Party (acting reasonably), to do so might be prejudicial to it.
Appears in 7 contracts
Samples: Notes Purchase Agreement (Membership Collective Group Inc.), Amendment and Restatement Agreement (Nord Anglia Education, Inc.), Senior Revolving Facility Agreement (Nord Anglia Education, Inc.)
Limitation of Liability. (a) The Borrower shall With effect from the Merger Closing Date, each of the Borrowers agrees to indemnify each Finance Party for all costs and expenses reasonably incurred by that Finance Party as a result of steps taken by it under Clause 15.1 20.1 (Mitigation).
(b) A Finance Party is not obliged to take any steps under Clause 15.1 (Mitigation) 20.1 if, in the opinion of that Finance Party (acting reasonably), to do so might in any way be prejudicial to it.
Appears in 7 contracts
Samples: Senior Facilities Agreement (Virgin Media Investment Holdings LTD), Senior Facilities Agreement (Virgin Media Inc.), Senior Facilities Agreement (Virgin Media Inc.)
Limitation of Liability. (a) 15.2.1 The Borrower shall indemnify each Finance Party for all costs and expenses reasonably incurred by that Finance Party as a result of steps taken by it under Clause 15.1 15 (MitigationMitigation by Lenders).
(b) 15.2.2 A Finance Party is not obliged to take any steps under Clause 15.1 15 (MitigationMitigation by Lenders) if, in the opinion of that Finance Party (acting reasonably), to do so might be prejudicial to it.
Appears in 6 contracts
Samples: Facility Agreement, Facility Agreement, Facility Agreement (Hoegh LNG Partners LP)
Limitation of Liability. (a) 16.2.1 The Borrower shall indemnify hereby indemnifies each Finance Party for against, and undertakes to pay to it on demand, all costs and expenses reasonably incurred by that Finance Party as a result of steps taken by it under Clause 15.1 (Mitigation)16.1.
(b) 16.2.2 A Finance Party is not obliged to take any steps under Clause 15.1 (Mitigation) 16.1 if, in the opinion of that Finance Party (acting reasonably), ):
(a) any law or regulation would not allow or permit it; or
(b) to do so might be prejudicial to it.
Appears in 6 contracts
Samples: Senior Facility Agreement (Lesaka Technologies Inc), Common Terms Agreement (Net 1 Ueps Technologies Inc), Common Terms Agreement (Net 1 Ueps Technologies Inc)
Limitation of Liability. (a) The Borrower Borrowers shall indemnify each Finance Party for all costs and expenses reasonably incurred by that Finance Party as a result of steps taken by it under Clause 15.1 (Mitigation).
(b) A Finance Party is not obliged to take any steps under Clause 15.1 (Mitigation) if, in the opinion of that Finance Party (acting reasonably), to do so might be prejudicial to it.
Appears in 6 contracts
Samples: Term and Revolving Facilities Agreement (KNOT Offshore Partners LP), Term and Revolving Facilities Agreement (KNOT Offshore Partners LP), Facility Agreement (Seanergy Maritime Holdings Corp.)
Limitation of Liability. (a) The Borrower Company shall promptly indemnify each Finance Party for all costs and expenses reasonably incurred by that Finance Party as a result of steps taken by it under Clause 15.1 17.1 (Mitigation).
(b) A Finance Party is not obliged to take any steps under Clause 15.1 17.1 (Mitigation) if, in the opinion of that Finance Party (acting reasonably), to do so might be prejudicial to it.
Appears in 6 contracts
Samples: Facility Agreement (Marine Harvest ASA), Facility Agreement (Marine Harvest ASA), Facility Agreement (Marine Harvest ASA)
Limitation of Liability. (a) The Borrower shall indemnify each Finance Party for all costs and expenses reasonably incurred by that Finance Party as a result of steps taken by it under Clause 15.1 14.1 (Mitigation).
(b) A Finance Party is not obliged to take any steps under Clause 15.1 14.1 (Mitigation) if, in the opinion of that Finance Party (acting reasonably), to do so might be prejudicial to it.
Appears in 6 contracts
Samples: Facility Agreement (China XD Plastics Co LTD), Amendment and Restatement Agreement (Sesa Sterlite LTD), Term Loan Facility Agreement (China Security & Surveillance Technology, Inc.)
Limitation of Liability. (aA) The Borrower Each Obligor shall promptly indemnify each Finance Party for all costs and expenses reasonably incurred by that Finance Party as a result of steps taken by it under Clause 15.1 clause 18.1 (Mitigation).
(bB) A Finance Party is not obliged to take any steps under Clause 15.1 clause 18.1 (Mitigation) if, in the bona fide opinion of that Finance Party (acting reasonably), to do so might in any way be prejudicial to it.
Appears in 5 contracts
Samples: Loan Agreement (Kosmos Energy Ltd.), Deed of Amendment and Restatement (Kosmos Energy Ltd.), Facility Agreement (Kosmos Energy Ltd.)
Limitation of Liability. (a) The Borrower Company shall promptly indemnify each Finance Party for all costs and expenses reasonably incurred by that Finance Party as a result of steps taken by it under Clause 15.1 clause 18.1 (Mitigation).
(b) A Finance Party is not obliged to take any steps under Clause 15.1 clause 18.1 (Mitigation) if, in the opinion of that Finance Party (acting reasonably), to do so might be prejudicial to it.
Appears in 5 contracts
Samples: Amendment and Restatement Agreement (Aegean Marine Petroleum Network Inc.), Loan Agreement (Aegean Marine Petroleum Network Inc.), Multipurpose Facilities Agreement (SunOpta Inc.)
Limitation of Liability. (a) The Borrower shall promptly indemnify each Finance Party for all costs and expenses reasonably incurred by that Finance Party as a result of steps taken by it under Clause 15.1 (Mitigation).
(b) . A Finance Party is not obliged to take any steps under Clause 15.1 (Mitigation) if, in the its opinion of that Finance Party (acting reasonably), to do so might be prejudicial to it.
Appears in 5 contracts
Samples: Secured Loan Agreement, Loan Agreement (Scorpio Bulkers Inc.), Secured Loan Agreement (Scorpio Bulkers Inc.)
Limitation of Liability. (a) The Borrower shall shall, within five Business Days of demand, indemnify each Finance Party for all documented costs and expenses reasonably incurred by that Finance Party as a result of steps taken by it under Clause 15.1 (Mitigation).
(b) A Finance Party is not obliged to take any steps under Clause 15.1 (Mitigation) if, in the opinion of that Finance Party (acting reasonably), to do so might be prejudicial to it.
Appears in 5 contracts
Samples: Facility Agreement (Las Vegas Sands Corp), Second Amendment and Restatement Agreement (Las Vegas Sands Corp), Third Amendment and Restatement Agreement (Las Vegas Sands Corp)
Limitation of Liability. (a) The Each Borrower shall shall, on demand, indemnify each Finance Party for all costs and expenses reasonably incurred by that Finance Party as a result of steps taken by it under Clause 15.1 (Mitigation).
(b) A Finance Party is not obliged to take any steps under Clause 15.1 (Mitigation) if, if either:
(i) a Default has occurred and is continuing; or
(ii) in the opinion of that Finance Party (acting reasonably), to do so might be prejudicial to it.
Appears in 5 contracts
Samples: Facility Agreement (Navios Maritime Partners L.P.), Term Loan Facility (Navios Maritime Partners L.P.), Facility Agreement (Navios Maritime Partners L.P.)
Limitation of Liability. (aA) The Borrower Each Obligor shall promptly indemnify each Finance Party for all costs and expenses reasonably incurred by that Finance Party as a result of steps taken by it under Clause 15.1 clause 16.1 (Mitigation).
(bB) A Finance Party is not obliged to take any steps under Clause 15.1 clause 16.1 (Mitigation) if, in the bona fide opinion of that Finance Party (acting reasonably), to do so might in any way be prejudicial to it.
Appears in 5 contracts
Samples: Revolving Credit Facility Agreement (Kosmos Energy Ltd.), Revolving Credit Facility Agreement (Kosmos Energy Ltd.), Revolving Credit Facility Agreement (Kosmos Energy Ltd.)
Limitation of Liability. (a) The Borrower Borrowers shall indemnify each Finance Party for all costs and expenses reasonably incurred by that Finance Party as a result of steps taken by it under Clause 15.1 17.1 (Mitigation).
(b) A Finance Party is not obliged to take any steps under Clause 15.1 17.1 (Mitigation) if, in the opinion of that Finance Party (acting reasonably), to do so might be prejudicial to it.
Appears in 5 contracts
Samples: Senior Secured Credit Facilities Agreement, Senior Secured Credit Facilities Agreement (KNOT Offshore Partners LP), Amendment and Restatement Agreement (Cascal N.V.)
Limitation of Liability. (a) 15.2.1 The Borrower shall indemnify each Finance Party for all costs and expenses reasonably incurred by that Finance Party as a result of steps taken by it under Clause 15.1 (Mitigation)15.1.
(b) 15.2.2 A Finance Party is not obliged to take any steps under Clause 15.1 (Mitigation) if, in the opinion of that Finance Party (acting reasonably), to do so might be prejudicial to it.
Appears in 5 contracts
Samples: Project Financing Facility Agreement, Project Financing Facility Agreement (Mercer International Inc.), Project Financing Facility Agreement (Mercer International Inc.)
Limitation of Liability. (a) The Each Borrower shall shall, on demand, indemnify each Finance Party for all costs and expenses reasonably incurred by that Finance Party as a result of steps taken by it under Clause 15.1 (Mitigation).
(b) A Finance Party is not obliged to take any steps under Clause 15.1 (Mitigation) if, in the opinion of that Finance Party (acting reasonably), to do so might be prejudicial to it.
Appears in 5 contracts
Samples: Term Loan Facility (Ardmore Shipping Corp), Term Loan Facility (Star Bulk Carriers Corp.), Term Loan Facility (Ardmore Shipping Corp)
Limitation of Liability. (a) The Borrower Company shall (or shall procure that another Obligor will) indemnify each Finance Party for all costs and expenses reasonably incurred by that Finance Party as a result of steps taken by it under Clause 15.1 17.1 (Mitigation).
(b) A Finance Party is not obliged to take any steps under Clause 15.1 17.1 (Mitigation) if, in the opinion of that Finance Party (acting reasonably), to do so might be prejudicial to it.
Appears in 4 contracts
Samples: Facilities Agreement (Cemex Sab De Cv), Acquisition Facilities Agreement (Cemex Sa De Cv), Acquisition Facilities Agreement (Cemex Sab De Cv)
Limitation of Liability. (a) The Borrower shall promptly indemnify each Finance Party for all costs and expenses reasonably incurred by that Finance Party as a result of steps taken by it under Clause 15.1 13.1 (Mitigation).
(b) A Finance Party is not obliged to take any steps under Clause 15.1 13.1 (Mitigation) if, in the opinion of that Finance Party (acting reasonably), to do so might be prejudicial to it.
Appears in 4 contracts
Samples: Facility Agreement (Ozon Holdings PLC), Senior Facility Agreement (Wanda Sports Group Co LTD), Senior Facility Agreement (Wanda Sports Group Co LTD)
Limitation of Liability. (a) The Borrower shall indemnify each Finance Party Party, upon presentation of duly documented evidence thereof, for all costs and expenses reasonably incurred by that Finance Party as a result of steps taken by it under Clause 15.1 16.1 (Mitigation).
(b) A Finance Party is not obliged to take any steps under Clause 15.1 16.1 (Mitigation) (other than a transfer of its rights and obligations to another Lender where the Borrower indemnifies it for the cost of so doing) if, in the opinion of that Finance Party (acting reasonably), to do so might be prejudicial to it.
Appears in 4 contracts
Samples: Syndicated Credit Agreement, Credit Agreement (France Telecom /), Credit Agreement (France Telecom /)
Limitation of Liability. (a) The Borrower shall promptly indemnify each Finance Party for all costs and expenses reasonably incurred by that Finance Party as a result of steps taken by it under Clause 15.1 17.1 (Mitigation).
(b) A Finance Party is not obliged to take any steps under Clause 15.1 17.1 (Mitigation) if, in the opinion of that Finance Party (acting reasonably), to do so might would be reasonably expected to be prejudicial to it.
Appears in 4 contracts
Samples: Facility Agreement (WuXi PharmaTech (Cayman) Inc.), Facility Agreement (WuXi PharmaTech (Cayman) Inc.), Facility Agreement (Giant Interactive Group Inc.)
Limitation of Liability. (a) The Borrower shall With effect from the Original Execution Date, each of the Borrowers agrees to indemnify each Relevant Finance Party for all costs and expenses reasonably incurred by that Relevant Finance Party as a result of steps taken by it under Clause 15.1 20.1 (Mitigation).
(b) A Relevant Finance Party is not obliged to take any steps under Clause 15.1 20.1 (Mitigation) if, in the opinion of that Relevant Finance Party (acting reasonably), to do so might in any way be prejudicial to it.
Appears in 4 contracts
Samples: Senior Facilities Agreement (VMWH LTD), Senior Facilities Agreement (Virgin Media Inc.), Senior Facilities Agreement (Virgin Media Inc.)
Limitation of Liability. (a) The Each Borrower shall shall, on demand, indemnify each Finance Party for all costs and expenses reasonably incurred by that Finance Party as a result of steps taken by it under Clause 15.1 (Mitigation).
(b) A Finance Party is not obliged to take any steps under Clause 15.1 (Mitigation) if, in the opinion of that Finance Party (acting reasonably), to do so might be prejudicial to it.. 16 Costs and Expenses
Appears in 4 contracts
Samples: Term Loan Facility (Ardmore Shipping Corp), Term Loan Facility (Ardmore Shipping Corp), Term Loan Facility (Ardmore Shipping Corp)
Limitation of Liability. (a) The Each Borrower shall indemnify each Finance Party Party, for all costs and expenses reasonably incurred by that Finance Party party as a result of steps taken by it under Clause 15.1 22.1 (MitigationMitigation by the Lenders).
(b) A Finance Party is not obliged to take any steps under Clause 15.1 22.1 (MitigationMitigation by the Lenders) if, in the opinion of that Finance Party (acting reasonably), to do so might be prejudicial to it.
Appears in 4 contracts
Samples: Loan Agreement (International Game Technology PLC), Loan Agreement (International Game Technology PLC), Loan Agreement (International Game Technology PLC)
Limitation of Liability. (a) The Borrower Borrowers shall promptly indemnify each Finance Party for all costs and expenses reasonably incurred by that Finance Party as a result of steps taken by it under Clause 15.1 (Mitigation).
(b) A Finance Party is not obliged to take any steps under Clause 15.1 (Mitigation) if, in the opinion of that Finance Party (acting reasonably), to do so might be prejudicial to it.
Appears in 4 contracts
Samples: Term Loan Facilities Agreement (DHT Holdings, Inc.), Term Loan Facility Agreement (DHT Holdings, Inc.), Term Loan Facility Agreement (DHT Holdings, Inc.)
Limitation of Liability. (a) The Borrower Company shall (or shall procure that an Obligor will) indemnify each Finance Party for all costs and expenses reasonably incurred by that Finance Party as a result of steps taken by it under Clause 15.1 17.1 (Mitigation).
(b) A Finance Party is not obliged to take any steps under Clause 15.1 17.1 (Mitigation) if, in the opinion of that Finance Party (acting reasonably), to do so might be prejudicial to it.
Appears in 4 contracts
Samples: Facility Agreement (InterXion Holding N.V.), Facility Agreement (InterXion Holding N.V.), Facility Agreement (InterXion Holding N.V.)
Limitation of Liability. (a) The Borrower Borrowers shall promptly indemnify each Finance Party for all reasonable costs and expenses reasonably incurred by that Finance Party as a result of steps taken by it under Clause 15.1 (Mitigation).
(b) . A Finance Party is not obliged to take any steps under Clause 15.1 (Mitigation) if, in the its opinion of that Finance Party (acting reasonably), to do so might be prejudicial to it.
Appears in 4 contracts
Samples: Secured Loan Agreement (TORM PLC), Fourth Supplemental Agreement to Secured Loan Agreement (TORM PLC), Fourth Supplemental Agreement to Secured Loan Agreement (TORM PLC)
Limitation of Liability. (a) The Borrower shall indemnify each Finance Party for all costs and expenses reasonably incurred by that Finance Party as a result of steps taken by it under Clause 15.1 (Mitigation).
(b) A Finance Party is not obliged to take any steps under Clause 15.1 (Mitigation) if, in the opinion of that Finance Party (acting reasonably), to do so might be prejudicial to itit or any Affiliate or Facility Office in relation to paragraph (a)(i) of Clause 15.1 (Mitigation).
Appears in 3 contracts
Samples: Term Loan Facility Agreement (Advanced Micro Devices Inc), Term Loan Facility Agreement (Advanced Micro Devices Inc), Term Loan Facility Agreement (Advanced Micro Devices Inc)
Limitation of Liability. (a) The 16.2.1 Each Borrower shall promptly indemnify each Finance Party for against all costs and expenses reasonably incurred by that Finance Party as a result of steps taken by it under Clause 15.1 16.1 (Mitigation).
(b) 16.2.2 A Finance Party is not obliged to take any steps under Clause 15.1 16.1 (Mitigation) if, in the opinion of that Finance Party (acting reasonably), ):
(a) any law or regulation would not allow or permit it; or
(b) to do so might be prejudicial to it.
Appears in 3 contracts
Samples: Facilities Agreement, Facilities Agreement (MiX Telematics LTD), Facilities Agreement (PowerFleet, Inc.)
Limitation of Liability. (a) The Borrower Each Obligor shall promptly indemnify each Finance Party for all costs and expenses reasonably incurred by that Finance Party as a result of steps taken by it under Clause 15.1 (Mitigation).
(b) A Finance Party is not obliged to take any steps under Clause 15.1 (Mitigation) if, in the opinion of that Finance Party (acting reasonably), to do so might be prejudicial to it.
Appears in 3 contracts
Samples: Loan Agreement (Norwegian Cruise Line Holdings Ltd.), Loan Agreement (Norwegian Cruise Line Holdings Ltd.), Loan Agreement (Norwegian Cruise Line Holdings Ltd.)
Limitation of Liability. (a) The Borrower shall Each Obligor shall, on demand, indemnify each Finance Party for all costs and expenses reasonably incurred by that Finance Party as a result of steps taken by it under Clause 15.1 (Mitigation).
(b) A Finance Party is not obliged to take any steps under Clause 15.1 15 (MitigationMitigation by the Finance Parties) if, if either:
(i) a Default has occurred and is continuing; or
(ii) in the opinion of that Finance Party (acting reasonably), to do so might be prejudicial to it.
Appears in 3 contracts
Samples: Term Loan Facility (Grindrod Shipping Holdings Ltd.), Facility Agreement (Grindrod Shipping Holdings Pte. Ltd.), Facility Agreement (Navios Maritime Holdings Inc.)
Limitation of Liability. (a) 22.2.1 The Borrower Company shall indemnify each Finance Party for all costs and expenses reasonably incurred by that Finance Party as a result of steps taken by it under Clause 15.1 22.1 (Mitigation).
(b) 22.2.2 A Finance Party is not obliged to take any steps under Clause 15.1 22.1 (Mitigation) if, in the opinion of that Finance Party (acting reasonably), to do so might be prejudicial to it.
Appears in 3 contracts
Samples: Syndication and Amendment Agreement (Shire PLC), Facilities Agreement (Shire PLC), Facilities Agreement (Shuttle Corp)
Limitation of Liability. (a) The Borrower shall promptly indemnify each Finance Party for all costs and expenses reasonably incurred by that Finance Party as a result of steps taken by it under Clause 15.1 (Mitigation).
(b) . A Finance Party is not obliged to take any steps under Clause 15.1 (Mitigation) if, in the its opinion of that Finance Party (acting reasonably), to do so might be prejudicial to it.
Appears in 3 contracts
Samples: Loan Agreement (Safe Bulkers, Inc.), Loan Agreement (Safe Bulkers, Inc.), Amending and Restating Agreement (Safe Bulkers, Inc.)
Limitation of Liability. (a) The Borrower Company shall (or shall procure that an Obligor will) indemnify each Finance Party for all costs and expenses reasonably incurred by that Finance Party as a result of steps taken by it under Clause 15.1 19.1 (Mitigation).
(b) A Finance Party is not obliged to take any steps under Clause 15.1 19.1 (Mitigation) if, in the opinion of that Finance Party (acting reasonably), to do so might be prejudicial to it.
Appears in 3 contracts
Samples: Senior Facilities Agreement (Sirona Dental Systems, Inc.), Senior Facilities Agreement (Sirona Dental Systems, Inc.), Facility Agreement (Rio Tinto PLC)
Limitation of Liability. (a) The Each Borrower shall shall, on demand, indemnify each Finance Party for all costs and expenses reasonably incurred by that Finance Party as a result of steps taken by it under Clause 15.1 17.1 (Mitigation).
(b) A Finance Party is not obliged to take any steps under Clause 15.1 17.1 (Mitigation) if, in the opinion of that Finance Party (acting reasonably), to do so might be prejudicial to it.
Appears in 3 contracts
Samples: Loan Agreement (Ardmore Shipping Corp), Term and Accordion Facilities Agreement (Ardmore Shipping Corp), Term, Revolving and Accordion Facilities Agreement (Ardmore Shipping Corp)
Limitation of Liability. (a) 17.2.1 The Borrower shall promptly indemnify each Finance Party for all costs and expenses reasonably incurred by that Finance Party as a result of steps taken by it under Clause 15.1 17.1 (Mitigation).
(b) 17.2.2 A Finance Party is not obliged to take any steps under Clause 15.1 17.1 (Mitigation) if, in the opinion of that Finance Party (acting reasonably), to do so might be prejudicial to it.
Appears in 3 contracts
Samples: Facilities Agreement (Lesaka Technologies Inc), Borrowing Base Facility Agreement (Transglobe Energy Corp), Senior Secured Multicurrency Credit Facility Agreement (Carrizo Oil & Gas Inc)
Limitation of Liability. (a) The Borrower shall Each Obligor shall, on demand, indemnify each Finance Party for all costs and expenses reasonably incurred by that Finance Party as a result of steps taken by it under Clause 15.1 (Mitigation).
(b) A Finance Party is not obliged to take any steps under Clause 15.1 (Mitigation) if, if either:
(i) a Default has occurred and is continuing; or
(ii) in the opinion of that Finance Party (acting reasonably), to do so might be prejudicial to it.
Appears in 3 contracts
Samples: Facility Agreement (Euroseas Ltd.), Facility Agreement (Globus Maritime LTD), Term Loan Facility Agreement (Castor Maritime Inc.)
Limitation of Liability. (a) The Each Borrower shall promptly indemnify each Finance Party for all costs and expenses reasonably incurred by that Finance Party as a result of steps taken by it under Clause 15.1 (Mitigation).
(b) A Finance Party is not obliged to take any steps under Clause 15.1 (Mitigation) if, in the opinion of that Finance Party (acting reasonably), to do so might be prejudicial to it.
Appears in 3 contracts
Samples: Facility Agreement (GDS Holdings LTD), Facility Agreement (GDS Holdings LTD), Facility Agreement (GDS Holdings LTD)
Limitation of Liability. (a) The Borrower Company shall indemnify each Finance Party for all costs and expenses reasonably incurred by that Finance Party as a result of steps taken by it under Clause 15.1 26.1 (Mitigation).
(b) A Finance Party is not obliged to take any steps under Clause 15.1 26.1 (Mitigation) if, in the opinion of that Finance Party (acting reasonably), to do so might be prejudicial to it.
Appears in 3 contracts
Samples: Amendment and Restatement Agreement (Rockwood Holdings, Inc.), Facility Agreement (Adecco Sa), Loan Agreement (Adecco Sa)
Limitation of Liability. (a) The Borrower shall indemnify each Finance Party for all costs and expenses reasonably incurred by that Finance Party as a result of steps taken by it under Clause 15.1 Clauses 21.1 (Replacement of Lenders) and 21.2 (Mitigation).
(b) A Finance Party is not obliged to take any steps under Clause 15.1 Clauses 21.1 (Replacement of Lenders) and 21.2 (Mitigation) if, in the opinion of that Finance Party (acting reasonably), to do so might in any way be prejudicial to it.
Appears in 3 contracts
Samples: Senior Facilities Agreement (Moore Labels Inc), Senior Facilities Agreement (Buhrmann Nv), Senior Facilities Agreement (Buhrmann Nv)
Limitation of Liability. (a) The Borrower An Obligor shall indemnify each Finance Party for all costs and expenses reasonably incurred by that Finance Party as a result of steps taken by it under Clause 15.1 16.1 (Mitigation).
(b) A Finance Party is not obliged to take any steps under Clause 15.1 16.1 (Mitigation) if, in the opinion of that Finance Party (acting reasonably), to do so might be prejudicial to it.
Appears in 3 contracts
Samples: Facility Agreement (Midamerican Energy Holdings Co /New/), Facility Agreement (Midamerican Energy Holdings Co /New/), Facility Agreement (Midamerican Energy Holdings Co /New/)
Limitation of Liability. (a) The Borrower shall indemnify each any Finance Party for all costs and expenses reasonably incurred by that Finance Party as a result of steps taken by it under Clause 15.1 13.1 (Mitigation).
(b) A Finance Party is not obliged to take any steps under Clause 15.1 13.1 (Mitigation) if, in the opinion of that Finance Party (acting reasonably), to do so might be prejudicial to it.
Appears in 3 contracts
Samples: Pre Export Finance Agreement (Votorantim Pulp & Paper Inc), Pre Export Finance Agreement (Votorantim Pulp & Paper Inc), Pre Export Finance Agreement (Votorantim Pulp & Paper Inc)
Limitation of Liability. (a) The Borrower shall promptly indemnify each Finance Party for all costs and expenses reasonably incurred by that Finance Party as a result of steps any step taken by it under Clause 15.1 14.1 (Mitigation).
(b) A Finance Party is not obliged to take any steps under Clause 15.1 14.1 (Mitigation) if, in the opinion of that Finance Party (acting reasonably), to do so might be prejudicial to it.
Appears in 3 contracts
Samples: Secured Term Loan Facility (Mohegan Tribal Gaming Authority), Secured Term Loan Facility, Secured Term Loan Facility
Limitation of Liability. (aA) The Borrower Each Obligor shall promptly indemnify each Finance Party for all costs and expenses reasonably incurred by that Finance Party as a result of steps taken by it under Clause 15.1 clause 14.1 (Mitigation).
(bB) A Finance Party is not obliged to take any steps under Clause 15.1 clause 14.1 (Mitigation) if, in the bona fide opinion of that Finance Party (acting reasonably), to do so might in any way be prejudicial to it.
Appears in 3 contracts
Samples: Amendment and Restatement Agreement (Kosmos Energy Ltd.), Multicurrency Revolving Letter of Credit Facility Agreement (Kosmos Energy Ltd.), Multicurrency Revolving Letter of Credit Facility Agreement (Kosmos Energy Ltd.)
Limitation of Liability. (a) The Borrower Company shall indemnify each Finance Party for all costs and expenses reasonably incurred by that Finance Party as a result of steps taken by it under Clause 15.1 20.1 (Mitigation).
(b) A Finance Party is not obliged to take any steps under Clause 15.1 20.1 (Mitigation) if, in the opinion of that Finance Party (acting reasonably), to do so might be prejudicial to it.
Appears in 3 contracts
Samples: Senior Facilities Agreement (Anheuser-Busch InBev S.A.), Facilities Agreement (HeidelbergCement AG), Facilities Agreement (HeidelbergCement AG)
Limitation of Liability. (a) The Borrower Company shall indemnify each Finance Party for all costs and expenses reasonably incurred by that Finance Party as a result of steps taken by it under Clause 15.1 18.1 (Mitigation).
(b) A Finance Party is not obliged to take any steps under Clause 15.1 18.1 (Mitigation) if, in the opinion of that Finance Party (acting reasonably), to do so might be prejudicial to it.
Appears in 3 contracts
Samples: Facility Agreement (Enodis PLC), Facilities Agreement (Noble International, Ltd.), Term and Revolving Facilities Agreement (Sodexho Alliance S A)
Limitation of Liability. (a) The Borrower shall indemnify each Finance Party for all costs and expenses reasonably incurred by that Finance Party as a result of steps taken by it under Clause 15.1 16.1 (Mitigation).
(b) A Regardless of any steps taken (or not taken) by any Finance Party, a Finance Party is not obliged to take any steps under Clause 15.1 16.1 (Mitigation) if, in the opinion of that Finance Party (acting reasonably), to do so might be prejudicial to it.
Appears in 3 contracts
Samples: Subscription Agreement (WMC Resources Inc), Subscription Agreement (WMC Resources Inc), Facility Agreement (WMC Resources LTD)
Limitation of Liability. (a) The Borrower Company shall (or shall procure that an Obligor will) promptly indemnify each Finance Party for all costs and expenses reasonably incurred by that Finance Party as a result of steps taken by it under Clause 15.1 17.1 (Mitigation).
(b) A Finance Party is not obliged to take any steps under Clause 15.1 17.1 (Mitigation) if, in the opinion of that Finance Party (acting reasonably), to do so might be prejudicial to it.
Appears in 3 contracts
Samples: Facilities Agreement (StarTek, Inc.), Facilities Agreement (StarTek, Inc.), Facilities Agreement (StarTek, Inc.)
Limitation of Liability. (a) The Borrower Company shall promptly indemnify each Finance Party for all costs and expenses reasonably incurred by that Finance Party as a result of steps taken by it under Clause 15.1 20.1 (Mitigation).
(b) A Finance Party is not obliged to take any steps under Clause 15.1 20.1 (Mitigation) if, in the opinion of that Finance Party (acting reasonably), to do so might be prejudicial to it.
Appears in 3 contracts
Samples: Facilities Agreement (Syngenta Ag), Letter of Credit Facility Agreement (Flowserve Corp), Letter of Credit Facility Agreement (Flowserve Corp)
Limitation of Liability. (a) The Borrower Company shall promptly indemnify each Finance Party for all costs and expenses reasonably incurred by that Finance Party as a result of steps taken by it such Finance Party under Clause 15.1 23.1 (Mitigation).
(b) A Finance Party is not obliged to take any steps under Clause 15.1 23.1 (Mitigation) if, in the opinion of that Finance Party (acting reasonably), to do so might be prejudicial to it.
Appears in 2 contracts
Samples: Term Facility Agreement (Manchester United PLC), Term Facility Agreement (Manchester United PLC)
Limitation of Liability. (a) The Borrower Issuer shall promptly indemnify each Finance Party for all costs and expenses reasonably incurred by that Finance Party as a result of steps taken by it under Clause 15.1 21.1 (Mitigation).
(b) A Finance Party is not obliged to take any steps under Clause 15.1 21.1 (Mitigation) if, in the opinion of that Finance Party (acting reasonably), to do so might be prejudicial to it.
Appears in 2 contracts
Samples: Note Subscription Agreement (CorpAcq Group PLC), Note Subscription Agreement (CorpAcq Group PLC)
Limitation of Liability. (a) The Borrower Borrowers shall indemnify each Finance Party for all costs and expenses reasonably incurred by that Finance Party as a result of steps taken by it under Clause 15.1 Clauses 21.1 (Replacement of Lenders) and 21.2 (Mitigation).
(b) A Finance Party is not obliged to take any steps under Clause 15.1 Clauses 21.1 (Replacement of Lenders) and 21.2 (Mitigation) if, in the opinion of that Finance Party (acting reasonably), to do so might in any way be prejudicial to it.
Appears in 2 contracts
Samples: Senior Facilities Agreement (Buhrmann Nv), Senior Facilities Agreement (Corporate Express N.V.)
Limitation of Liability. (a) 15.2.1 The Borrower shall promptly indemnify each Finance Party for all costs and expenses reasonably incurred by that Finance Party as a result of steps taken by it under Clause clause 15.1 (Mitigation).
(b) 15.2.2 A Finance Party is not obliged to take any steps under Clause clause 15.1 (Mitigation) if, in the opinion of that Finance Party (acting reasonably), to do so might be prejudicial to it.
Appears in 2 contracts
Samples: Supplemental Agreement (Navigator Holdings Ltd.), Facility Agreement (Navigator Holdings Ltd.)
Limitation of Liability. (a) The Borrower shall indemnify each Finance Party for all costs and expenses reasonably incurred by that Finance Party as a result of steps taken by it under Clause 15.1 18.1 (Mitigation).
(b) A Finance Party is not obliged to take any steps under Clause 15.1 18.1 (Mitigation) if, in the opinion of that Finance Party (acting reasonably), to do so might be prejudicial to ithave an adverse effect on its business, operations or financial condition.
Appears in 2 contracts
Samples: Facility Agreement (Sappi LTD), Facility Agreement (Sappi LTD)
Limitation of Liability. (a) 16.2.1 The Borrower Company shall indemnify each Finance Party for all costs and expenses reasonably incurred by that Finance Party as a result of steps taken by it under Clause 15.1 16.1 (Mitigation).
(b) 16.2.2 A Finance Party is not obliged to take any steps under Clause 15.1 16.1 (Mitigation) if, in the opinion of that Finance Party (acting reasonably), to do so might be prejudicial to it.
Appears in 2 contracts
Samples: Committed Multicurrency Revolving Facility Agreement (Marconi Corp PLC), Committed Multicurrency Revolving Facility Agreement (Marconi Corp PLC)
Limitation of Liability. (a) 15.2.1 The Borrower Borrowers shall indemnify each Finance Party for all costs and expenses reasonably incurred by that Finance Party as a result of steps taken by it under Clause 15.1 (Mitigation).
(b) 15.2.2 A Finance Party is not obliged to take any steps under Clause 15.1 (Mitigation) if, in the opinion of that Finance Party (acting reasonably), to do so might be prejudicial to it.
Appears in 2 contracts
Samples: Facility Agreement (Hines Global REIT, Inc.), Facility Agreement (Hines Global REIT, Inc.)
Limitation of Liability. (aA) The Borrower shall promptly indemnify each Finance Party for all costs and expenses reasonably incurred by that Finance Party as a result of steps taken by it under Clause 15.1 16.1 (Mitigation).
(bB) A Finance Party is not obliged to take any steps under Clause 15.1 16.1 (Mitigation) if, in the opinion of that Finance Party (acting reasonably), to do so might be prejudicial to it.
Appears in 2 contracts
Samples: Securitisation Agreement (Encore Capital Group Inc), Securitization Agreement (Encore Capital Group Inc)
Limitation of Liability. (a) 17.2.1 The Borrower Company shall promptly indemnify each Finance Party for all costs and expenses reasonably incurred by that Finance Party as a result of steps taken by it under Clause 15.1 17.1 (Mitigation).
(b) 17.2.2 A Finance Party is not obliged to take any steps under Clause 15.1 17.1 (Mitigation) if, in the opinion of that Finance Party (acting reasonably), to do so might be prejudicial to it.
Appears in 2 contracts
Samples: Revolving Facility Agreement (Sibanye Gold LTD), Revolving Facility Agreement (Sibanye Gold LTD)
Limitation of Liability. (a) The Borrower Company shall promptly indemnify each Finance Party for all costs and expenses reasonably incurred by that Finance Party as a result of steps taken by it under Clause 15.1 16.1 (Mitigation).
(b) A Finance Party is not obliged to take any steps under Clause 15.1 16.1 (Mitigation) if, in the opinion of that Finance Party (acting reasonably), to do so might likely would be prejudicial to it.
Appears in 2 contracts
Samples: Senior Revolving Credit Facility Agreement, Senior Revolving Credit Facility Agreement (Logitech International Sa)
Limitation of Liability. (aA) The Borrower shall promptly indemnify each Finance Party for all costs and expenses reasonably incurred by that Finance Party as a result of steps taken by it under Clause 15.1 14.1 (Mitigation).
(bB) A Finance Party is not obliged to take any steps under Clause 15.1 14.1 (Mitigation) if, in the opinion of that Finance Party (acting reasonably), to do so might be prejudicial to it.
Appears in 2 contracts
Samples: Term Facility Agreement (Rockley Photonics Holdings LTD), Support Letter (Rockley Photonics Holdings LTD)
Limitation of Liability. (a) The Borrower shall indemnify each Finance Party for all costs and expenses reasonably incurred by that Finance Party as a result of steps taken by it under Clause 15.1 (Mitigation).
(b) A Finance Party is not obliged to take any steps under Clause 15.1 (Mitigation) if, in the opinion of that Finance Party (acting reasonably), to do so might be prejudicial to itit in any material respect.
Appears in 2 contracts
Samples: Facility Agreement (Nordic Telephone CO ApS), Facility Agreement (Nordic Telephone CO ApS)
Limitation of Liability. (a) The Borrower Parent shall indemnify each Finance Party for all costs and expenses reasonably incurred by that Finance Party as a result of steps taken by it under Clause 15.1 16.1 (Mitigation).
(b) A Finance Party is not obliged to take any steps under Clause 15.1 16.1 (Mitigation) if, in the opinion of that Finance Party (acting reasonably), to do so might be prejudicial to it.
Appears in 2 contracts
Samples: Revolving Facility Agreement (Ferguson PLC), Facility Agreement (Gold Fields LTD)
Limitation of Liability. (a) 17.2.1 The Borrower Parent shall indemnify each Finance Party for all costs and expenses reasonably incurred by that Finance Party as a result of steps taken by it under Clause 15.1 17.1 (Mitigation).
(b) 17.2.2 A Finance Party is not obliged to take any steps under Clause 15.1 17.1 (Mitigation) if, in the opinion of that Finance Party (acting reasonably), to do so might be prejudicial to it.
Appears in 2 contracts
Samples: Revolving Credit Facility Agreement (Enstar Group LTD), Term Loan Agreement (Royal Invest International Corp.)
Limitation of Liability. (a) The Borrower Each Obligor shall promptly indemnify each Finance Party for all costs and expenses reasonably incurred by that Finance Party as a result of steps taken by it under Clause 15.1 17.1 (Mitigation).
(b) A Finance Party is not obliged to take any steps under Clause 15.1 17.1 (Mitigation) if, in the opinion of that Finance Party (acting reasonably), to do so might be prejudicial to it.
Appears in 2 contracts
Samples: Facility Agreement (DHT Holdings, Inc.), Facility Agreement (DHT Holdings, Inc.)
Limitation of Liability. (a) The Borrower shall promptly indemnify each Finance Party for all costs and expenses reasonably incurred by that Finance Party as a result of steps taken by it under Clause 15.1 (Mitigation).
(b) A Finance Party is not obliged to take any steps under Clause 15.1 (Mitigation) if, in the opinion of that Finance Party (acting reasonably), to do so might be prejudicial to it.
Appears in 2 contracts
Samples: Loan Agreement (Dorian LPG Ltd.), Loan Agreement (Dorian LPG Ltd.)
Limitation of Liability. (a) The Borrower Each Obligor jointly and severally shall indemnify each Finance Party for all costs and expenses reasonably incurred by that Finance Party as a result of steps taken by it under Clause 15.1 19.1 (Mitigation).
(b) A Finance Party is not obliged to take any steps under Clause 15.1 19.1 (Mitigation) if, in the opinion of that Finance Party (acting reasonably), to do so might be prejudicial to it.
Appears in 2 contracts
Samples: Permanent Facility Agreement (Groupe Eurotunnel SA), Permanent Facility Agreement (Groupe Eurotunnel SA)
Limitation of Liability. (aA) The Borrower shall promptly indemnify each Finance Party for all costs and expenses reasonably incurred by that Finance Party as a result of steps taken by it under Clause 15.1 (Mitigation).
(bB) A Finance Party is not obliged to take any steps under Clause 15.1 (Mitigation) if, in the opinion of that Finance Party (acting reasonably), to do so might be prejudicial to it.
Appears in 2 contracts
Samples: Bridge and Term Facilities Agreement (Rentokil Initial PLC /Fi), Bridge and Term Facilities Agreement (Rentokil Initial PLC /Fi)
Limitation of Liability. (a) 15.2.1 The Borrower shall indemnify each Finance Party for all costs and expenses reasonably incurred by that Finance Party as a result of steps taken by it under Clause clause 15.1 (Mitigation).
(b) 15.2.2 A Finance Party is not obliged to take any steps under Clause clause 15.1 (Mitigation) if, in the opinion of that Finance Party (acting reasonably), to do so might be prejudicial to it.
Appears in 2 contracts
Samples: Facility Agreement (Teekay Tankers Ltd.), Facility Agreement (Teekay Tankers Ltd.)
Limitation of Liability. (a) The Borrower shall promptly indemnify each Finance Party for all costs and expenses reasonably incurred by that Finance Party as a result of steps taken by it under Clause 15.1 18.1 (Mitigation).
(b) A Finance Party is not obliged to take any steps under Clause 15.1 18.1 (Mitigation) if, in the opinion of that Finance Party (acting reasonably), to do so might be prejudicial to it.
Appears in 2 contracts
Samples: Syndicated Facility Agreement (Metals Acquisition LTD), Syndicated Facility Agreement (Metals Acquisition Corp)
Limitation of Liability. (a) The Borrower shall promptly indemnify each Finance Party Party, upon presentation of duly documented evidence thereof, for all costs and expenses reasonably incurred by that Finance Party as a result of steps taken by it under Clause 15.1 (Mitigation).
(b) A Finance Party is not obliged to take any steps under Clause 15.1 (Mitigation) if, in the opinion of that Finance Party (acting reasonably), to do so might be prejudicial to ithave an adverse effect on its business, operations or financial condition.
Appears in 2 contracts
Samples: Term Loan Facility Agreement (Sappi LTD), Amending Agreement (Sappi LTD)
Limitation of Liability. (a) The Borrower shall indemnify each Finance Party for all costs and expenses reasonably incurred by that Finance Party as a result of steps taken by it under Clause 15.1 (Mitigation).
(b) A Finance Party is not obliged to take any steps under Clause 15.1 (Mitigation) if, in the opinion of that Finance Party (acting reasonably), to do so might be prejudicial to it.
Appears in 2 contracts
Samples: Term Loan Facility Agreement (DHT Holdings, Inc.), Term Loan Facility Agreement (DHT Holdings, Inc.)
Limitation of Liability. (a) The Borrower Company shall indemnify each Finance Party for all costs and expenses reasonably incurred by that Finance Party as a result of steps taken by it under Clause 15.1 17.1 (Mitigation).
(b) A Finance Party is not obliged to take any steps under Clause 15.1 17.1 (Mitigation) if, in the opinion of that Finance Party (acting reasonably), to do so might be prejudicial to it.
Appears in 2 contracts
Samples: Facility Agreement (Eksportfinans Asa), Facility Agreement (Eksportfinans Asa)
Limitation of Liability. (a) The Borrower Company shall indemnify each Finance Party for all costs and expenses reasonably incurred by that Finance Party as a result of steps taken by it under Clause 15.1 (Mitigation).
(b) A Finance Party is not obliged to take any steps under Clause 15.1 (Mitigation) if, in the opinion of that Finance Party (acting reasonably), to do so might could reasonably be expected to be prejudicial to it.
Appears in 2 contracts
Samples: Facility Agreement (Golden Telecom Inc), Facility Agreement (Golden Telecom Inc)
Limitation of Liability. (a) 15.2.1 The Borrower shall promptly indemnify each Finance Party for all costs and expenses reasonably incurred by that Finance Party as a result of steps taken by it under Clause clause 15.1 (Mitigation).
(b) 15.2.2 A Finance Party is not obliged to take any steps under Clause clause 15.1 (Mitigation) if, in the opinion of that Finance Party (acting reasonably), to do so might be prejudicial to it.
Appears in 2 contracts
Samples: Facility Agreement (GasLog Ltd.), Facility Agreement (GasLog Ltd.)
Limitation of Liability. (a) The Borrower Parent shall (or shall procure that an Obligor will) indemnify each Finance Party for all costs and expenses reasonably incurred by that Finance Party as a result of steps taken by it under Clause 15.1 18.1 (Mitigation).
(b) A Finance Party is not obliged to take any steps under Clause 15.1 18.1 (Mitigation) if, in the opinion of that Finance Party (acting reasonably), to do so might be prejudicial to it.
Appears in 2 contracts
Samples: Facilities Agreement (Signet Jewelers LTD), Facilities Agreement (Signet Jewelers LTD)
Limitation of Liability. (a) 13.2.1 The Borrower shall indemnify each Finance Party for all costs and expenses reasonably incurred by that Finance Party as a result of steps taken by it under Clause 15.1 (Mitigation)13.1.
(b) 13.2.2 A Finance Party is not obliged to take any steps under Clause 15.1 (Mitigation) 13.1 if, in the opinion of that Finance Party (acting reasonably), to do so might be prejudicial to it.
Appears in 2 contracts
Samples: Project Financing Agreement (Mercer International Inc.), Project Financing Agreement (Mercer International Inc.)
Limitation of Liability. (a) The Borrower shall Company must indemnify each Finance Party promptly for all costs and expenses any cost, loss or liability reasonably incurred by that Finance Party as a result of steps taken by it under Clause 15.1 (Mitigation)this Clause.
(b) A Finance Party is not obliged to take any steps under this Clause 15.1 (Mitigation) if, in the opinion of that Finance Party (acting reasonably), to do so might be prejudicial to it.
Appears in 2 contracts
Samples: Amendment and Restatement Agreement (IHS Holding LTD), Facility Agreement (IHS Holding LTD)
Limitation of Liability. (a) The Borrower Company shall promptly indemnify each Finance Party for all costs and expenses reasonably incurred by that Finance Party as a result of steps taken by it under Clause 15.1 11.1 (Mitigation).
(b) A Finance Party is not obliged to take any steps under Clause 15.1 11.1 (Mitigation) if, in the opinion of that Finance Party (acting reasonably), to do so might be prejudicial to it.
Appears in 2 contracts
Samples: Common Terms Agreement, Common Terms Agreement
Limitation of Liability. (a) 15.2.1 The Borrower shall indemnify each Finance Party for all costs and expenses reasonably incurred by that Finance Party as a result of steps taken by it under Clause clause 15.1 (Mitigation).
(b) 15.2.2 A Finance Party is not obliged to take any steps under Clause clause 15.1 (Mitigation) if, in the opinion of that Finance Party (acting reasonably), to do so might be prejudicial to it.
Appears in 2 contracts
Samples: Facility Agreement (Navigator Holdings Ltd.), Facilities Agreement (Hungarian Telephone & Cable Corp)
Limitation of Liability. (a) The Borrower shall promptly indemnify each Finance Party for all costs and expenses reasonably incurred by that Finance Party as a result of steps taken by it under Clause 15.1 clause 16.1 (Mitigation).
(b) A Finance Party is not obliged to take any steps under Clause 15.1 clause 16.1 (Mitigation) if, in the opinion of that Finance Party (acting reasonably)Party, to do so might be prejudicial to it.
Appears in 2 contracts
Samples: Facility Agreement, Facility Agreement (Danaos Corp)
Limitation of Liability. (a) 15.2.1 The Borrower shall indemnify each Finance Party for all costs and expenses reasonably incurred and documented by that Finance Party as a result of steps taken by it under Clause 15.1 (Mitigation).
(b) 15.2.2 A Finance Party is not obliged to take any steps under Clause 15.1 (Mitigation) if, in the opinion of that Finance Party (acting reasonably), to do so might be prejudicial to it.
Appears in 2 contracts
Samples: Term Facility Agreement (Luxottica Group Spa), Bridge Facility Agreement (Luxottica Group Spa)
Limitation of Liability. (a) The Each Borrower shall indemnify each Finance Party Party, for all costs and expenses reasonably incurred by that Finance Party party as a result of steps taken by it under Clause 15.1 17.1 (MitigationMitigation by the Lenders).
(b) A Finance Party is not obliged to take any steps under Clause 15.1 17.1 (MitigationMitigation by the Lenders) if, in the opinion of that Finance Party (acting reasonably), to do so might be prejudicial to it.
Appears in 2 contracts
Samples: Senior Facility Agreement (International Game Technology PLC), Facilities Agreement (International Game Technology PLC)
