Common use of Mitigation Obligations; Designation of a Different Lending Office Clause in Contracts

Mitigation Obligations; Designation of a Different Lending Office. If at any time (i) the Lender requires the Company to pay additional amounts to the Lender or any Governmental Authority for the account of the Lender pursuant to Section 2.13, (ii) the Lender requests compensation under Section 2.14 or (iii) the Lender gives a notice pursuant to Section 2.16, then the Lender shall, as applicable, at the request of the Company, use reasonable efforts to designate a different lending office for funding or booking its Loans hereunder or to assign its rights and obligations hereunder to another of its offices, branches or affiliates, if, in the judgment of the Lender, such designation or assignment (A) would eliminate or reduce amounts payable pursuant to Section 2.13 or Section 2.14, as the case may be, in the future, or eliminate the need for the notice pursuant to Section 2.16, and (B) in each case, would not subject the Lender to any unreimbursed cost or expense and would not otherwise be disadvantageous to the Lender. The Company hereby agrees to pay all reasonable costs and expenses incurred by the Lender in connection with any such designation or assignment.

Mitigation Obligations; Designation of a Different Lending Office. If at any time (i) the Lender requires the Company requests compensation under Section 3.2, or either Borrower is required to pay any additional amounts amount to the any Lender (including any Issuing Bank) or any Governmental Authority for the account of the any Lender (including any Issuing Bank) pursuant to Section 2.133.3, (ii) the Lender requests compensation under Section 2.14 or (iii) the if any Lender gives a notice pursuant to Section 2.163.1(b), then the such Lender shall(including any such Issuing Bank), as applicable, at the request of the Company, shall use reasonable efforts to designate a different lending office for funding or booking its Loans hereunder or to assign its rights and obligations hereunder to another of its offices, branches or affiliates, if, in the judgment of the Lendersuch Lender (including any such Issuing Bank), such designation or assignment (Ai) would eliminate or reduce amounts payable pursuant to Section 2.13 3.2 or Section 2.143.3, or eliminate the need for notice pursuant to Section 3.1(b), as the case may be, in the future, or eliminate the need for the notice pursuant to Section 2.16, future and (Bii) in each case, would not subject the such Lender to any unreimbursed cost or expense and would not otherwise be disadvantageous to the such Lender. The Company Each of the Borrowers hereby agrees to pay all reasonable costs and expenses incurred by the any Lender (including any Issuing Bank) in connection with any such designation or assignment.

Mitigation Obligations; Designation of a Different Lending Office. If at any time (i) the Lender requires the Company to pay additional amounts to the Lender or any Governmental Authority for the account of the Lender pursuant to Section 2.13, (ii) the Lender 1945963.02-NYCSR07A - MSW requests compensation under Section 2.14 or (iii) the Lender gives a notice pursuant to Section 2.16, then the Lender shall, as applicable, at the request of the Company, use reasonable efforts to designate a different lending office for funding or booking its Loans hereunder or to assign its rights and obligations hereunder to another of its offices, branches or affiliates, if, in the judgment of the Lender, such designation or assignment (A) would eliminate or reduce amounts payable pursuant to Section 2.13 or Section 2.14, as the case may be, in the future, or eliminate the need for the notice pursuant to Section 2.16, and (B) in each case, would not subject the Lender to any unreimbursed cost or expense and would not otherwise be disadvantageous to the Lender. The Company hereby agrees to pay all reasonable costs and expenses incurred by the Lender in connection with any such designation or assignment.

Mitigation Obligations; Designation of a Different Lending Office. If at any time (i) the Lender requires the Company requests compensation under Section 3.2, or any Borrower is required to pay any additional amounts amount to the any Lender (including any Issuing Bank) or any Governmental Authority for the account of the any Lender (including any Issuing Bank) pursuant to Section 2.133.3, (ii) the Lender requests compensation under Section 2.14 or (iii) the if any Lender gives a notice pursuant to Section 2.163.1(b), then the such Lender shall(including any such Issuing Bank), as applicable, at the request of the Company, shall use reasonable efforts to designate a different lending office for funding or booking its Loans hereunder or to assign its rights and obligations hereunder to another of its offices, branches or affiliates, if, in the judgment of the Lendersuch Lender (including any such Issuing Bank), such designation or assignment (Ai) would eliminate or reduce amounts payable pursuant to Section 2.13 3.2 or Section 2.143.3, or eliminate the need for notice pursuant to Section 3.1(b), as the case may be, in the future, or eliminate the need for the notice pursuant to Section 2.16, future and (Bii) in each case, would not subject the such Lender to any unreimbursed cost or expense and would not otherwise be materially disadvantageous to the such Lender. The Company Each of the Borrowers hereby agrees to pay all reasonable and documented out-of-pocket costs and expenses incurred by the any Lender (including any Issuing Bank) in connection with any such designation or assignment.

Mitigation Obligations; Designation of a Different Lending Office. If at any time (i) Lender requests compensation under Section 3.2, or the Lender requires the Company Borrower is required to pay any additional amounts amount to any Lender (including the Lender Issuing Bank) or any Governmental Authority for the account of any Lender (including the Lender Issuing Bank) pursuant to Section 2.133.3, (ii) the Lender requests compensation under Section 2.14 or (iii) the if any Lender gives a notice pursuant to Section 2.163.1(b), then such Lender (including the Lender shallIssuing Bank), as applicable, at the request of the Company, shall use reasonable efforts to designate a different lending office for funding or booking its Loans hereunder or to assign its rights and obligations hereunder to another of its offices, branches or affiliates, if, in the judgment of such Lender (including the LenderIssuing Bank), such designation or assignment (Ai) would eliminate or reduce amounts payable pursuant to Section 2.13 3.2 or 3.3, or eliminate the need for notice pursuant to Section 2.143.1(b), as the case may be, in the future, or eliminate the need for the notice pursuant to Section 2.16, future and (Bii) in each case, would not subject the such Lender to any unreimbursed cost or expense and would not otherwise be disadvantageous to the such Lender. The Company Borrower hereby agrees to pay all reasonable costs and expenses incurred by any Lender (including the Lender Issuing Bank) in connection with any such designation or assignment.

Mitigation Obligations; Designation of a Different Lending Office. If at any time (iLender requests compensation under Section 2.11(B) the Lender or Section 2.11(C), or requires the Company Borrower to pay any Indemnified Taxes or additional amounts to the any Lender or any Governmental Authority for the account of the any Lender pursuant to Section 2.13, (ii) the Lender requests compensation under Section 2.14 or (iii) the Lender gives a notice pursuant to Section 2.162.15, then the such Lender shall, as applicable, shall (at the request of the Company, Borrower) use reasonable efforts to to, as applicable, designate a different lending office for funding or booking its Loans Advances hereunder or to assign its rights and obligations hereunder to another of its offices, branches or affiliates, if, in the judgment of the such Lender, such designation or assignment (Ai) would eliminate or reduce amounts payable pursuant to Section 2.13 2.11(B), Section 2.11(C) or Section 2.142.15, as the case may be, in the future, or eliminate the need for the notice pursuant to Section 2.16, and (Bii) in each case, would not subject the such Lender to any unreimbursed cost or expense and would not otherwise be disadvantageous to the such Lender. The Company Borrower hereby agrees to pay all reasonable costs and expenses incurred by the any Lender in connection with any such designation or assignment.