Common use of Mitigation; Exculpation Clause in Contracts

Mitigation; Exculpation. a. Each Lender agrees that it will promptly notify the Borrowers in writing upon its becoming aware that any payments are to become due to it under this Credit Agreement pursuant to Section 2.12 or 2.13. Each Lender further agrees that it will use reasonable efforts not materially disadvantageous to it (in its reasonable determination) in order to avoid or minimize, as the case may be, the payment by the Borrowers of any additional amounts pursuant to Section 2.12 or 2.13. Each Lender represents, to the best of its knowledge, that as of the Closing Date no such amounts are payable to it.

Appears in 1 contract

Samples: Credit Agreement (Ameristar Casinos Inc)

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Mitigation; Exculpation. a. Each Lender agrees that it will promptly notify the Borrowers Borrower in writing upon its becoming aware that any payments are to become due to it under this Credit Agreement pursuant to Section 2.12 or 2.13. Each Lender further agrees that it will use reasonable efforts not materially disadvantageous to it (in its reasonable determination) in order to avoid or minimize, as the case may be, the payment by the Borrowers Borrower of any additional amounts pursuant to Section 2.12 or 2.13. Each Lender represents, to the best of its knowledge, that as of the Closing Date no such amounts are payable to it.

Appears in 1 contract

Samples: Construction and Reducing Revolving Credit Agreement (Monarch Casino & Resort Inc)

Mitigation; Exculpation. a. Each Lender agrees that it will promptly notify the Borrowers Borrower in writing upon its becoming aware that any payments are to become due to it under this the Credit Agreement pursuant to Section 2.12 2.11 or 2.132.12. Each Lender further agrees that it will use reasonable efforts not materially disadvantageous to it (in its reasonable determination) in order to avoid or minimize, as the case may be, the payment by the Borrowers of any additional amounts pursuant to Section 2.12 2.11 or 2.132.12. Each Lender represents, to the best of its knowledge, that as of the Closing Second Amendment Effective Date no such amounts are payable to itpayable."

Appears in 1 contract

Samples: Credit Agreement (Century Casinos Inc)

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Mitigation; Exculpation. a. Each Lender agrees that it will promptly notify the Borrowers in writing upon its becoming aware that any payments are to become due to it under this Credit Agreement pursuant to Section 2.12 2.11 or 2.132.12. Each Lender further agrees that it will use reasonable efforts not materially disadvantageous to it (in its reasonable determination) in order to avoid or minimize, as the case may be, the payment by the Borrowers of any additional amounts pursuant to Section 2.12 2.11 or 2.132.12. Each Lender represents, to the best of its knowledge, that as of the Closing Date no such amounts are payable to it.. 43

Appears in 1 contract

Samples: Credit Agreement (Century Casinos)

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