Minimisation. If the Lender has acted in good faith, an amount certified under sub-clause 11.1 (Increased costs) above will be payable regardless of whether an increased cost, reduction, payment or forgone interest or other return referred to in that clause could have been avoided.
Minimisation. (a) (No defence) If the Redraw Facility Provider has acted in good faith it will not be a defence that any cost, reduction or payment referred to in this clause could have been avoided.
(b) (Minimisation) The Redraw Facility Provider shall use reasonable endeavours to minimise any cost, reduction or payment referred to in this clause.
Minimisation. It will not be a defence by you to any obligation under clauses 15 and 16 that any cost, reduction or payment referred to in clauses 15 or 16 could have been avoided. At your request we will negotiate in good faith with you with a view to finding a means by which any relevant cost, reduction or payment can be minimised.
Minimisation. (a) (No defence) If the Liquidity Provider has acted in good faith it will not be a defence that any cost, reduction or payment referred to in this clause could have been avoided.
(b) (Minimisation) The Liquidity Provider shall use reasonable endeavours to minimise any cost, reduction or payment referred to in this clause. -------------------------------------------------------------------------------- Page 11 Series 2002-1G WST Trust Liquidity Facility Agreement Allens Xxxxxx Xxxxxxxx --------------------------------------------------------------------------------
Minimisation. (a) The relevant Lender shall use reasonable endeavours (at the Borrower’s expense) to mitigate the consequences of a Change in Law mentioned in this clause 13.
(b) If requested by the Borrower, the Lender shall negotiate in good faith with the Borrower with a view to finding a means to mitigate the consequences of a Change in Law mentioned in this clause 13.
Minimisation. (a) It will not be a defence that any cost, reduction or payment referred to in this clause could have been avoided.
(b) Without affecting the Borrower’s obligations to make any payments under clause 16.1 (Additional payments), if any such payment is required to be made, the Borrower and the relevant Finance Party will for a period of 30 days (or such longer period as that Finance Party may agree), acting reasonably, discuss whether there are any mutually satisfactory alternative means by which the relevant facility might be made or continued (not involving that Finance Party in any increased cost or liability or reduced return) which would avoid or minimise the circumstances giving rise to such a payment.
Minimisation. The Borrower may not refuse a demand on the ground that the relevant consequences could have been avoided.
Minimisation. Spanish Teacher in
Minimisation. If the Redraw Facility Provider is to receive any additional payment under clause 9.1 (“Determination”), the Redraw Facility Provider must use its best endeavours to make the relevant advances or financial accommodation available by some alternative means (including, without limitation, changing its lending office or making the advances or financial accommodation available through a Related Entity of the Redraw Facility Provider) which would avoid the necessity for the additional payment or reduce the amount of it. Nothing in this clause 9.4 (“Minimisation”) affects the obligations of the Trustee under clauses 9.1 (“Determination”) and 9.2 (“Indirect cost”).
Minimisation. (a) (NOTICE): At the time of making such demand the Lender shall deliver to Xxxxxx'x Brewing Group a certificate specifying (without any obligation to disclose any details relating to its business and Tax affairs):
(i) the event by reason to which it is entitled to make such demand; and
(b) (NO DEFENCE): If the Lender and (if applicable) its Related Company has acted in good faith it shall not be a defence that any cost, reduction or payment or loss of tax credit referred to in Clause 18 or this Clause could have been avoided.
