Common use of Mitigation Obligations; Replacement of Banks Clause in Contracts

Mitigation Obligations; Replacement of Banks. (a) If any Bank requests compensation under Section 8.3, or if the Borrower is required to pay any additional amount to any Bank or any Governmental Authority for the account of any Bank pursuant to Section 8.4, then such Bank 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 Bank, such designation or assignment (i) would eliminate or reduce amounts payable pursuant to Section 8.3 or 8.4, as the case may be, in the future and (ii) would not subject such Bank to any unreimbursed cost or expense and would not otherwise be disadvantageous to such Bank. The Borrower hereby agrees to pay all reasonable costs and expenses incurred by any Bank in connection with any such designation or assignment.

Mitigation Obligations; Replacement of Banks. (a) If any Bank requests compensation under Section 8.38.03, or if the Borrower Company is required to pay any additional amount to any Bank or any Governmental Authority governmental body, agency or official for the account of any Bank pursuant to Section 8.48.05, then such Bank shall use reasonable efforts to designate a different lending office Applicable Lending Office for funding or booking its Term Loans hereunder or to assign its rights and obligations hereunder to another of its offices, branches or Affiliatesaffiliates, if, in the judgment of such BankBank (with the concurrence of the Company), such designation or assignment (i) would eliminate or reduce amounts payable pursuant to Section 8.3 8.03 or 8.48.05, as the case may be, in the future and (ii) would not subject such Bank to any unreimbursed cost or expense and would not otherwise be disadvantageous to such Bank. The Borrower Company hereby agrees to pay all reasonable costs and expenses incurred by any Bank in connection with any such designation or assignment.

Mitigation Obligations; Replacement of Banks. (a) If any Bank requests compensation under Section 8.38.03, or if the Borrower Company is required to pay any additional amount to any Bank or any Governmental Authority governmental body, agency or official for the account of any Bank pursuant to Section 8.48.05, then such Bank shall use reasonable efforts to designate a different lending office Applicable Lending Office for funding or booking its Loans and/or other Credit Exposure hereunder or to assign its rights and obligations hereunder to another of its offices, branches or Affiliatesaffiliates, if, in the judgment of such BankBank (with the concurrence of the Company), such designation or assignment (i) would eliminate or reduce amounts payable pursuant to Section 8.3 8.03 or 8.48.05, as the case may be, in the future and (ii) would not subject such Bank to any unreimbursed cost or expense and would not otherwise be disadvantageous to such Bank. The Borrower Company hereby agrees to pay all reasonable costs and expenses incurred by any Bank in connection with any such designation or assignment.

Mitigation Obligations; Replacement of Banks. (a) If any Bank requests compensation under Section 8.32.12 or Section 2.18, or if the Borrower Company is required to pay any additional amount to any Bank or any Governmental Authority for the account of any Bank pursuant to Section 8.42.12 or Section 2.18, then such Bank 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 Affiliatesaffiliates, if, in the judgment of such Bank, such designation or assignment (i) would eliminate or reduce amounts payable pursuant to Section 8.3 2.12 or 8.4, as the case may be, Section 2.18 in the future and (ii) would not subject such Bank to any unreimbursed cost or expense and would not otherwise be disadvantageous to such Bank. The Borrower Company hereby agrees to pay all reasonable costs and expenses incurred by any Bank in connection with any such designation or assignment.

Mitigation Obligations; Replacement of Banks. (a) If any Bank requests compensation under Section 8.38.03, or if the Borrower any Account Party is required to pay any additional amount to any Bank or any Governmental Authority governmental body, agency or official for the account of any Bank pursuant to Section 8.48.05, then such Bank shall use reasonable efforts to designate a different lending office Applicable Lending Office for funding or booking its Loans and/or other Credit Exposure hereunder or to assign its rights and obligations hereunder to another of its offices, branches or Affiliatesaffiliates, if, in the judgment of such BankBank (with the concurrence of the Company), such designation or assignment (i) would eliminate or reduce amounts payable pursuant to Section 8.3 8.03 or 8.48.05, as the case may be, in the future and (ii) would not subject such Bank to any unreimbursed cost or expense and would not otherwise be disadvantageous to such Bank. The Borrower Company hereby agrees to pay all reasonable costs and expenses incurred by any Bank in connection with any such designation or assignment.

Mitigation Obligations; Replacement of Banks. (a) If any Bank requests compensation under Section 8.38.03, or if the Borrower Company is required to pay any additional amount to any Bank or any Governmental Authority for the account of any Bank pursuant to Section 8.48.04, then such Bank shall use reasonable efforts to will designate a different lending office Applicable Lending Office for funding or booking its Loans hereunder or to assign its rights and obligations hereunder to another of its offices, branches or Affiliatesaffiliates, if, in the judgment of such Bank, such designation or assignment (i) would eliminate or reduce amounts payable pursuant to Section 8.3 8.03 or 8.4Section 8.04, as the case may be, in the future and (ii) would not subject such Bank to any unreimbursed cost or expense and would not otherwise be disadvantageous to such Bank. The Borrower Company hereby agrees to pay all reasonable costs and expenses incurred by any Bank in connection with any such designation or assignment.

Mitigation Obligations; Replacement of Banks. (a) Mitigation Obligations. If any Bank requests compensation under Section 8.33.01 or 3.02, or if requires the Borrower is required Company to pay any Indemnified Taxes or additional amount amounts to any Bank or any Governmental Authority for the account of any Bank pursuant to Section 8.43.06, then such Bank 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 Affiliatesaffiliates, if, in the judgment of such Bank, such designation or assignment (i) would eliminate or reduce amounts payable pursuant to Section 8.3 3.01, 3.02 or 8.43.06, as the case may be, in the future future, and (ii) would not subject such Bank to any unreimbursed cost or expense and would not otherwise be disadvantageous to such Bank. The Borrower Company hereby agrees to pay all reasonable costs and expenses incurred by any Bank in connection with any such designation or assignment.

Mitigation Obligations; Replacement of Banks. (a) If any Bank requests compensation under Section 8.32.12 or 2.18, or if the Borrower Company is required to pay any additional amount to any Bank or any Governmental Authority for the account of any Bank pursuant to Section 8.42.12 or 2.18, then such Bank 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 Affiliatesaffiliates, if, in the judgment of such Bank, such designation or assignment (i) would eliminate or reduce amounts payable pursuant to Section 8.3 2.12 or 8.4, as the case may be, 2.18 in the future and (ii) would not subject such Bank to any unreimbursed cost or expense and would not otherwise be disadvantageous to such Bank. The Borrower Company hereby agrees to pay all reasonable costs and expenses incurred by any Bank in connection with any such designation or assignment.

Mitigation Obligations; Replacement of Banks. (a) If any Bank requests compensation under Section 8.31.28 or Section 1.29, or if the requires any Borrower is required to pay any Taxes or additional amount amounts to any Bank or any Governmental Authority for the account of any Bank pursuant to Section 8.41.32, then such Bank shall use reasonable efforts to designate a different lending office Lending Installation 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 reasonable judgment of such Bank, such designation or assignment (i) would eliminate or reduce amounts payable pursuant to Section 8.3 1.28, Section 1.29, or 8.4Section 1.32, as the case may be, in the future and (ii) would not subject such Bank to any unreimbursed cost or expense and would not otherwise be disadvantageous to such Bank. The Borrower Borrowers hereby agrees agree to pay all reasonable costs and expenses incurred by any Bank in connection with any such designation or assignment.

Mitigation Obligations; Replacement of Banks. (a) Mitigation Obligations. If any Bank requests compensation under Section 8.33.01 or 3.02, or if requires the Borrower is required Company to pay any Indemnified Taxes or additional amount amounts to any Bank or any Governmental Authority for the account of any Bank pursuant to Section 8.43.06, then such Bank 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 Affiliatesaffiliates, if, in the judgment of such Bank, such designation or assignment (i) would eliminate or reduce amounts payable pursuant to Section 8.3 3.01, 3.02 or 8.43.06, as the case may be, in the future future, and (ii) would not subject such Bank to any unreimbursed cost or expense and would not otherwise be disadvantageous to such Bank. The Borrower Company hereby 709152408 03173762 agrees to pay all reasonable costs and expenses incurred by any Bank in connection with any such designation or assignment.

Mitigation Obligations; Replacement of Banks. (a) If any Bank requests compensation under Section 8.32.12 or Section 2.18, or if the Borrower Company is required to pay any additional amount to any Bank or any Governmental Authority for the account of any Bank pursuant to Section 8.42.12 or Section 2.18, then such Bank 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 Affiliatesaffiliates, if, in the judgment of such Bank, such designation or assignment (i) would eliminate or reduce amounts payable pursuant to Section 8.3 2.12 or 8.4, as the case may be, Section 2.18 in the future and (ii) would not subject such Bank to any unreimbursed cost or expense and would not otherwise be disadvantageous to such Bank. 509265-1983-14872-Active.19588122.12 The Borrower Company hereby agrees to pay all reasonable costs and expenses incurred by any Bank in connection with any such designation or assignment.

Mitigation Obligations; Replacement of Banks. (a) If any Bank requests compensation under Section 8.38.03, or if the Borrower Company is required to pay any additional amount to any Bank or any Governmental Authority governmental body, agency or official for the account of any Bank pursuant to Section 8.48.05, then such Bank shall use reasonable efforts to designate a different lending office Applicable Lending Office for funding or booking its Loans and/or other Credit Exposure hereunder or to assign its rights and obligations hereunder to another of its offices, branches or Affiliatesaffiliates, if, in the judgment of such BankBank (with the concurrence of the Company), such designation or assignment (i) would eliminate or reduce amounts payable pursuant to Section 8.3 8.03 or 8.48.05, as the case may be, in the future and (ii) would not subject such Bank to any unreimbursed cost or expense and would not otherwise be disadvantageous to such Bank. The Borrower Company hereby agrees to pay all reasonable costs and expenses incurred by any Bank in connection with any such designation or assignment.. 4868-9081-7618 v.9

Mitigation Obligations; Replacement of Banks. (a) If any Bank Bank, including any Issuing Bank, requests compensation under Section 8.3‎Section 8.03, or if the Borrower Company is required to pay any additional amount to any Bank Bank, including any Issuing Bank, or any Governmental Authority for the account of any Bank Bank, including any Issuing Bank, pursuant to Section 8.4‎Section 8.04, then such Bank shall use reasonable efforts to will designate a different lending office Applicable Lending Office for funding or booking its Loans hereunder or to assign its rights and obligations hereunder to another of its offices, branches or Affiliatesaffiliates, if, in the judgment of such Bank, such designation or assignment (i3) would eliminate or reduce amounts payable pursuant to Section 8.3 ‎Section 8.03 or 8.4‎Section 8.04, as the case may be, in the future and (ii4) would not subject such Bank to any unreimbursed cost or expense and would not otherwise be disadvantageous to such Bank. The Borrower Company hereby agrees to pay all reasonable costs and expenses incurred by any Bank in connection with any such designation or assignment.