Common use of Mitigation Obligations Clause in Contracts

Mitigation Obligations. If any Lender requests compensation under ‎Section 3.01 or ‎Section 3.02, or the Borrower is required to pay any additional amount to any Lender or Issuing Lender or any Governmental Authority for the account of any Lender or Issuing Lender pursuant to ‎Section 3.05, or if any Lender gives a notice pursuant to ‎Section 3.03, then such Lender or Issuing Lender shall use reasonable efforts to designate a different 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 judgment of such Lender or Issuing Lender, such designation or assignment (i) would eliminate or reduce amounts payable pursuant to ‎Section 3.01, ‎3.02 or ‎3.05, as the case may be, in the future, or eliminate the need for the notice pursuant to ‎Section 3.03, as applicable, and (ii) in each case, would not subject such Lender or Issuing Lender, as the case may be, to any unreimbursed cost or expense and would not otherwise be disadvantageous to such Lender or Issuing Lender. The Borrower hereby agrees to pay all reasonable costs and expenses incurred by any Lender or Issuing Lender in connection with any such designation or assignment.

Mitigation Obligations. If any a Lender requests compensation under ‎Section 3.01 or ‎Section 3.02Section 3.03, or the Borrower is required to pay any additional amount to any Lender or Issuing Lender a Lender, an Agent or any Governmental Authority for the account of any such Lender or Issuing Lender Agent pursuant to ‎Section 3.05Section 3.01, or if any a Lender gives a notice pursuant to ‎Section 3.03Section 3.02, then such Lender or Issuing Lender Agent, as the case may be, at the request of the Borrower, shall use reasonable efforts to designate a different Lending Installation lending office for funding or booking the Loans, or its Loans portion thereof, hereunder or to assign its rights and obligations hereunder to another of its offices, branches or affiliatesaffiliates and to take any other actions reasonable in the sole judgment of such Lender or Agent, if, in the sole judgment of such Lender or Issuing LenderAgent, such designation or assignment (i) would eliminate or reduce amounts payable pursuant to ‎Section 3.01, ‎3.02 Section 3.01 or ‎3.053.03, as the case may be, in the future, or eliminate the need for the notice pursuant to ‎Section 3.03Section 3.02, as applicable, and (ii) in each case, would not subject such Lender or Issuing Lender, as the case may be, Agent to any unreimbursed cost or expense and would not otherwise be disadvantageous to such Lender or Issuing LenderAgent. The Borrower hereby agrees to pay all reasonable costs and expenses incurred by any a Lender or Issuing Lender Agent in connection with any such designation designation, assignment or assignmentaction.

Mitigation Obligations. If any a Lender requests compensation under ‎Section 3.01 or ‎Section 3.02Section 3.03, or the Borrower is required to pay any additional amount to any Lender or Issuing Lender a Lender, an Agent or any Governmental Authority for the account of any such Lender or Issuing Lender Agent pursuant to ‎Section 3.05Section 3.01, or if any a Lender gives a notice pursuant to ‎Section 3.03Section 3.02, then such Lender or Issuing Lender Agent, as the case may be, shall use reasonable efforts to designate a different Lending Installation lending office for funding or booking the Loan, or its Loans portion thereof, hereunder or to assign its rights and obligations hereunder to another of its offices, branches or affiliatesaffiliates and to take any other actions reasonable in the good faith judgment of such Lender or Agent, if, in the judgment of such Lender or Issuing LenderAgent, such designation or assignment (i) would eliminate or reduce amounts payable pursuant to ‎Section 3.01, ‎3.02 Section 3.01 or ‎3.053.03, as the case may be, in the future, or eliminate the need for the notice pursuant to ‎Section 3.03Section 3.02, as applicable, and (ii) in each case, would not subject such Lender or Issuing Lender, as the case may be, Agent to any unreimbursed cost or expense and would not otherwise be disadvantageous to such Lender or Issuing LenderAgent. The Borrower hereby agrees to pay all reasonable costs and expenses incurred by any a Lender or Issuing Lender Agent in connection with any such designation designation, assignment or assignmentaction.

Mitigation Obligations. Each Lender may make any Credit Extension to the Borrower through any Lending Office, provided that the exercise of this option shall not affect the obligation of the Borrower to repay the Credit Extension in accordance with the terms of this Agreement. If any Lender requests compensation under ‎Section 3.01 or ‎Section 3.02Section 3.04, or the Borrower is required to pay any additional amount to any Lender or Issuing Lender or any Governmental Authority for the account of any Lender or Issuing Lender pursuant to ‎Section 3.05Section 3.01, or if any Lender gives a notice pursuant to ‎Section 3.03Section 3.02, then such Lender or Issuing Lender shall use reasonable efforts to designate a different Lending Installation 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 or Issuing Lender, such designation or assignment (i) would eliminate or reduce amounts payable pursuant to ‎Section 3.01, ‎3.02 Section 3.01 or ‎3.053.04, as the case may be, in the future, or eliminate the need for the notice pursuant to ‎Section 3.03Section 3.02, as applicable, and (ii) in each case, would not subject such Lender or Issuing Lender, as the case may be, to any unreimbursed cost or expense and would not otherwise be disadvantageous to such Lender in any material economic, legal or Issuing Lenderregulatory respect. The Borrower hereby agrees to pay all reasonable costs and expenses incurred by any Lender or Issuing Lender in connection with any such designation or assignment.

Mitigation Obligations. If any a Lender requests compensation under ‎Section 3.01 or ‎Section 3.02Section 3.03, or the Borrower is required to pay any additional amount to any Lender or Issuing Lender a Lender, an Agent or any Governmental Authority for the account of any such Lender or Issuing Lender Agent pursuant to ‎Section 3.05Section 3.01, or if any a Lender gives a notice pursuant to ‎Section 3.03Section 3.02, then such Lender or Issuing Lender Agent, as the case may be, shall use reasonable efforts to designate a different Lending Installation lending office for funding or booking the Loans, or its Loans portion thereof, hereunder or to assign its rights and obligations hereunder to another of its offices, branches or affiliatesaffiliates and to take any other actions reasonable in the sole judgment of such Lender or Agent, if, in the sole judgment of such Lender or Issuing LenderAgent, such designation or assignment (i) would eliminate or reduce amounts payable pursuant to ‎Section 3.01, ‎3.02 Section 3.01 or ‎3.053.03, as the case may be, in the future, or eliminate the need for the notice pursuant to ‎Section 3.03Section 3.02, as applicable, and (ii) in each case, would not subject such Lender or Issuing Lender, as the case may be, Agent to any unreimbursed cost or expense and would not otherwise be disadvantageous to such Lender or Issuing LenderAgent. The Borrower hereby agrees to pay all reasonable costs and expenses incurred by any a Lender or Issuing Lender Agent in connection with any such designation designation, assignment or assignmentaction.

Mitigation Obligations. If any Lender requests compensation under ‎Section 3.01 or ‎Section 3.02Section 3.04, or the Borrower is required to pay any additional amount to any Lender or Issuing Lender Lender, the L/C Issuer, or any Governmental Authority for the account of any Lender or Issuing Lender the L/C Issuer pursuant to ‎Section 3.05Section 3.01, or if any Lender gives a notice pursuant to ‎Section 3.03Section 3.02, then such Lender or Issuing Lender shall the L/C Issuer shall, as applicable, use reasonable efforts to designate a different Lending Installation 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 or Issuing Lenderthe L/C Issuer, such designation or assignment (i) would eliminate or reduce amounts payable pursuant to ‎Section 3.01, ‎3.02 Section 3.01 or ‎3.053.04, as the case may be, in the future, or eliminate the need for the notice pursuant to ‎Section 3.03Section 3.02, as applicable, and (ii) in each case, would not subject such Lender or Issuing Lenderthe L/C Issuer, as the case may be, to any unreimbursed cost or expense and would not otherwise be disadvantageous to such Lender or Issuing Lenderthe L/C Issuer, as the case may be. The Borrower hereby agrees to pay all reasonable costs and expenses incurred by any Lender or Issuing Lender the L/C Issuer in connection with any such designation or assignment.

Mitigation Obligations. If any Lender requests compensation under ‎Section 3.01 or ‎Section 3.02Section 3.04, or the Borrower is required to pay any additional amount to any Lender or Issuing Lender Lender, the L/C Issuer or any Governmental Authority for the account of any Lender or Issuing Lender the L/C Issuer pursuant to ‎Section 3.05Section 3.01, or if any Lender gives a notice pursuant to ‎Section 3.03Section 3.02, then such Lender or Issuing Lender the L/C Issuer, as applicable, shall use reasonable efforts to designate a different Lending Installation 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 or Issuing Lenderthe L/C Issuer, such designation or assignment (i) would eliminate or reduce amounts payable pursuant to ‎Section 3.01, ‎3.02 Section 3.01 or ‎3.053.04, as the case may be, in the future, or eliminate the need for the notice pursuant to ‎Section 3.03Section 3.02, as applicable, and (ii) in each case, would not subject such Lender or Issuing Lenderthe L/C Issuer, as the case may be, to any unreimbursed cost or expense and would not otherwise be disadvantageous to such Lender or Issuing Lenderthe L/C Issuer, as the case may be. The Borrower hereby agrees to pay all reasonable costs and expenses incurred by any Lender or Issuing Lender the L/C Issuer in connection with any such designation or assignment.

Mitigation Obligations. If any Lender requests compensation under ‎Section Section 3.01 or ‎Section Section 3.02, or the Borrower is required to pay any additional amount to any Lender or Issuing Lender or any Governmental Authority for the account of any Lender or Issuing Lender pursuant to ‎Section Section 3.05, or if any Lender gives a notice pursuant to ‎Section Section 3.03, then such Lender or Issuing Lender shall use reasonable efforts to designate a different 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 judgment of such Lender or Issuing Lender, such designation or assignment (i) would eliminate or reduce amounts payable pursuant to ‎Section Section 3.01, ‎3.02 3.02 or ‎3.053.05, as the case may be, in the future, or eliminate the need for the notice pursuant to ‎Section Section 3.03, as applicable, and (ii2) in each case, would not subject such Lender or Issuing Lender, as the case may be, to any unreimbursed cost or expense and would not otherwise be disadvantageous to such Lender or Issuing Lender. The Borrower hereby agrees to pay all reasonable costs and expenses incurred by any Lender or Issuing Lender in connection with any such designation or assignment.

Mitigation Obligations. If any Lender requests compensation under ‎Section 3.01 or ‎Section 3.02Section 3.04, or the Borrower is required to pay any additional amount to any Lender or Issuing Lender Lender, the L/C Issuer or any Governmental Authority for the account of any Lender or Issuing Lender the L/C Issuer pursuant to ‎Section 3.05Section 3.01, or if any Lender gives a notice pursuant to ‎Section 3.03Section 3.02, then such Lender or Issuing Lender the L/C Issuer, as applicable, shall use reasonable efforts to designate a different Lending Installation 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 or Issuing Lenderthe L/C Issuer, such designation or assignment (i) would eliminate or reduce amounts payable pursuant to ‎Section 3.01, ‎3.02 Section 3.01 or ‎3.053.04, as the case may be, in the future, or eliminate the need for the notice pursuant to ‎Section 3.03Section 3.02, as applicable, and (ii) in each case, would not subject such Lender or Issuing Lenderthe L/C Issuer , as the case may be, to any unreimbursed cost or expense and would not otherwise be disadvantageous to such Lender or Issuing Lenderthe L/C Issuer, as the case may be. The Borrower hereby agrees to pay all reasonable costs and expenses incurred by any Lender or Issuing Lender the L/C Issuer in connection with any such designation or assignment.

Mitigation Obligations. If any Lender requests compensation under ‎Section 3.01 or ‎Section 3.02Section 3.04, or the Borrower is required requires any Loan Party to pay any Indemnified Taxes or additional amount amounts to any Lender or Issuing Lender or any Governmental Authority for the account of any Lender or Issuing Lender pursuant to ‎Section 3.05, Section 3.01 (but in the case of Section 3.01 only to the extent the obligation to pay any such Indemnifies Taxes or additional amounts results from a Change in Law after the Closing Date) or if any Lender gives a notice pursuant to ‎Section 3.03Section 3.02, then at the request of the Borrower such Lender or Issuing Lender shall shall, as applicable, use reasonable efforts to designate a different Lending Installation 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 or Issuing Lender, such designation or assignment (i) would eliminate or reduce amounts payable pursuant to ‎Section 3.01, ‎3.02 Section 3.01 or ‎3.053.04, as the case may be, in the future, or eliminate the need for the notice pursuant to ‎Section 3.03Section 3.02, as applicable, and (ii) in each case, would not subject such Lender or Issuing Lender, as the case may be, to any unreimbursed cost or expense and would not otherwise be disadvantageous to such Lender or Issuing Lender. The Borrower hereby agrees to pay all reasonable costs and expenses incurred by any Lender or Issuing Lender in connection with any such designation or assignment.

Mitigation Obligations. If any Lender requests compensation under ‎Section 3.01 or ‎Section 3.02Section 3.04, or the Borrower is required to pay any additional amount to any Lender or Issuing Lender Lender, the L/C Issuer or any Governmental Authority for the account of any Lender or Issuing Lender the L/C Issuer, pursuant to ‎Section 3.05Section 3.01, or if any Lender gives a notice pursuant to ‎Section 3.03Section 3.02, then such Lender or Issuing Lender shall the L/C Issuer shall, as applicable, use reasonable efforts to designate a different Lending Installation 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 or Issuing Lenderthe L/C Issuer, such designation or assignment (i) would eliminate or reduce amounts payable pursuant to ‎Section 3.01, ‎3.02 Section 3.01 or ‎3.053.04, as the case may be, in the future, or eliminate the need for the notice pursuant to ‎Section 3.03Section 3.02, as applicable, and (ii) in each case, would not subject such Lender or Issuing Lenderthe L/C Issuer, as the case may be, to any unreimbursed cost or expense and would not otherwise be disadvantageous to such Lender or Issuing Lenderthe L/C Issuer, as the case may be. The Borrower hereby agrees to pay all reasonable costs and expenses incurred by any Lender or Issuing Lender the L/C Issuer in connection with any such designation or assignment.

Mitigation Obligations. If any Lender requests compensation under ‎Section Section 3.01 or ‎Section Section 3.02, or the Borrower is required to pay any additional amount to any Lender or Issuing Lender or any Governmental Authority for the account of any Lender or Issuing Lender pursuant to ‎Section Section 3.05, or if any Lender gives a notice pursuant to ‎Section 3.03Section 3.07(b), then such Lender or Issuing Lender shall use reasonable efforts to designate a different 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 judgment of such Lender or Issuing Lender, such designation or assignment (i) would eliminate or reduce amounts payable pursuant to ‎Section Section 3.01, ‎3.02 3.02 or ‎3.053.05, as the case may be, in the future, or eliminate the need for the notice pursuant to ‎Section 3.03Section 3.07(b), as applicable, and (ii) in each case, would not subject such Lender or Issuing Lender, as the case may be, to any unreimbursed cost or expense and would not otherwise be disadvantageous to such Lender or Issuing Lender. The Borrower hereby agrees to pay all reasonable costs and expenses incurred by any Lender or Issuing Lender in connection with any such designation or assignment.

Mitigation Obligations. If any Lender or L/C Issuer requests compensation under ‎Section 3.01 or ‎Section 3.02, or the any Borrower is required to pay any additional amount to any Lender or Issuing Lender L/C Issuer or any Governmental Authority for the account of any Lender or Issuing Lender L/C Issuer pursuant to ‎Section 3.05, or if any Lender or L/C Issuer gives a notice pursuant to ‎Section 3.03, then such Lender or Issuing Lender shall L/C Issuer shall, as applicable, use reasonable efforts to designate a different 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 judgment of such Lender or Issuing LenderL/C Issuer, such designation or assignment (i) would eliminate or reduce amounts payable pursuant to ‎Section 3.01, ‎3.02 or ‎3.05, as the case may be, in the future, or eliminate the need for the notice pursuant to ‎Section 3.03, as applicable, and (ii) in each case, would not subject such Lender or Issuing Lender, as the case may be, L/C Issuer to any unreimbursed cost or expense and would not otherwise be materially disadvantageous to such Lender or Issuing LenderL/C Issuer. The Borrower WBA hereby agrees to pay all reasonable costs and expenses incurred by any Lender or Issuing Lender L/C Issuer in connection with any such designation or assignment.

Mitigation Obligations. If any Lender requests compensation under ‎Section 3.01 or ‎Section 3.02Section 3.04, or the a Borrower is required to pay any additional amount to any Lender or Issuing Lender Lender, the L/C Issuer or any Governmental Authority for the account of any Lender or Issuing Lender Lender, the L/C Issuer, pursuant to ‎Section 3.05Section 3.01, or if any Lender gives a notice pursuant to ‎Section 3.03Section 3.02, then such Lender or Issuing Lender shall the L/C Issuer shall, as applicable, use reasonable efforts to designate a different Lending Installation 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 or Issuing Lenderthe L/C Issuer, such designation or assignment (i) would eliminate or reduce amounts payable pursuant to ‎Section 3.01, ‎3.02 Section 3.01 or ‎3.053.04, as the case may be, in the future, or eliminate the need for the notice pursuant to ‎Section 3.03Section 3.02, as applicable, and (ii) in each case, would not subject such Lender or Issuing Lenderthe L/C Issuer, as the case may be, to any unreimbursed cost or expense and would not otherwise be disadvantageous to such Lender or Issuing Lenderthe L/C Issuer, as the case may be. The Borrower Borrowers hereby agrees agrees, jointly and severally, to pay all reasonable costs and expenses incurred by any Lender or Issuing Lender the L/C Issuer in connection with any such designation or assignment.

Mitigation Obligations. If any Lender requests compensation under ‎Section Section 3.01 or ‎Section Section 3.02, or the Borrower is required to pay any additional amount to any Lender or Issuing Lender or any Governmental Authority for the account of any Lender or Issuing Lender pursuant to ‎Section Section 3.05, or if any Lender gives a notice pursuant to ‎Section Section 3.03, then such Lender or Issuing Lender shall use reasonable efforts to designate a different 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 judgment of such Lender or Issuing Lender, such designation or assignment (i) would eliminate or reduce amounts payable pursuant to ‎Section Section 3.01, ‎3.02 or ‎3.053.05, as the case may be, in the future, or eliminate the need for the notice pursuant to ‎Section Section 3.03, as applicable, and (ii) in each case, would not subject such Lender or Issuing Lender, as the case may be, to any unreimbursed cost or expense and would not otherwise be disadvantageous to such Lender or Issuing Lender. The Borrower hereby agrees to pay all reasonable costs and expenses incurred by any Lender or Issuing Lender in connection with any such designation or assignment.

Mitigation Obligations. If any Lender requests compensation under ‎Section 3.01 or ‎Section 3.02Section 3.04, or the Borrower is Loan Parties are required to pay any additional amount to any Lender or Issuing Lender Lender, any L/C Issuer or any Governmental Authority for the account of any Lender or Issuing Lender any L/C Issuer pursuant to ‎Section 3.05Section 3.01 (other than additional amounts arising from VAT), or if any Lender or any L/C Issuer gives a notice pursuant to ‎Section 3.03Section 3.02, then such Lender or Issuing Lender shall such L/C Issuer, as applicable, will use reasonable efforts to designate a different Lending Installation 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 Lender or Issuing Lendersuch L/C Issuer, such designation or assignment (ia) would eliminate or reduce amounts payable pursuant to ‎Section 3.01, ‎3.02 Section 3.01 or ‎3.053.04, as the case may be, in the future, or eliminate the need for the notice pursuant to ‎Section 3.03Section 3.02, as applicable, and (iib) in each case, would not subject such Lender or Issuing Lender, as the case may be, such L/C Issuer to any unreimbursed cost or expense and would not otherwise be disadvantageous to such Lender or Issuing Lendersuch L/C Issuer. The Borrower Loan Parties hereby agrees agree to pay all reasonable costs and expenses incurred by any Lender or Issuing Lender any L/C Issuer in connection with any such designation or assignment.

Mitigation Obligations. If any the Lender requests compensation under ‎Section 3.01 or ‎Section 3.02Section 3.04, or the Borrower is required to pay any additional amount to any Lender or Issuing Lender the Lender, the L/C Issuer or any Governmental Authority for the account of any the Lender or Issuing Lender the L/C Issuer pursuant to ‎Section 3.05Section 3.01, or if any the Lender gives a notice pursuant to ‎Section 3.03Section 3.02, then such at the request of the Borrower the Lender or Issuing Lender shall the L/C Issuer shall, as applicable, use reasonable efforts to designate a different Lending Installation Lender’s 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 the Lender or Issuing Lenderthe L/C Issuer, such designation or assignment (i) would eliminate or reduce amounts payable pursuant to ‎Section 3.01, ‎3.02 Section 3.01 or ‎3.053.04, as the case may be, in the future, or eliminate the need for the notice pursuant to ‎Section 3.03Section 3.02, as applicable, and (ii) in each case, would not subject such the Lender or Issuing Lenderthe L/C Issuer, as the case may be, to any unreimbursed cost or expense and would not otherwise be disadvantageous to such the Lender or Issuing Lenderthe L/C Issuer, as the case may be. The Borrower hereby agrees to pay all reasonable costs and expenses incurred by any the Lender or Issuing Lender the L/C Issuer in connection with any such designation or assignment.