Common use of Mitigation of Circumstances Clause in Contracts

Mitigation of Circumstances. Lender shall promptly notify Borrowers of any event of which it has knowledge which will result in, and will use reasonable commercial efforts available to it (and not, in Lender’s sole judgment, otherwise disadvantageous to Lender) to mitigate or avoid, (i) any obligation by Borrowers to pay any amount pursuant to Sections 6.5 or 7.1 or (ii) the occurrence of any circumstances described in Sections 7.2 or 7.3 (and, if Lender has given notice of any such event described in clause (i) or (ii) above and thereafter such event ceases to exist, Lender shall promptly so notify Borrowers). Without limiting the foregoing, Lender will designate a different funding office if such designation will avoid (or reduce the cost to Borrowers of) any event described in clause (i) or (ii) above and such designation will not, in Lender’s sole judgment, be otherwise disadvantageous to Lender.

Appears in 1 contract

Samples: Loan and Security Agreement (Pernix Group, Inc.)

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Mitigation of Circumstances. Lender shall promptly notify Borrowers the Representative of any event of which it Lender has knowledge which will result in, and will use reasonable commercial efforts available to it (and not, in Lender’s sole judgment, otherwise disadvantageous to Lender) to mitigate or avoid, (i) any obligation by Borrowers to pay any amount pursuant to Sections 6.5 4.2.1 or 7.1 4.4 or (ii) the occurrence of any circumstances described in Sections 7.2 4.2.2 or 7.3 4.2.3 (and, if Lender has given notice of any such event described in clause (i) or (ii) above and thereafter such event ceases to exist, Lender shall promptly so notify Borrowers). Without limiting the foregoing, Lender will designate a different funding office if such designation will avoid (or reduce the cost to Borrowers of) any event described in clause (i) or (ii) above and such designation will not, in Lender’s sole judgment, be otherwise disadvantageous in any material respect to Lender.

Appears in 1 contract

Samples: Loan and Security Agreement (WESTMORELAND COAL Co)

Mitigation of Circumstances. Lender shall promptly notify Borrowers Representative of any event of which it has knowledge which will result in, and will use reasonable commercial efforts available to it (and not, in Lender’s sole judgment, otherwise disadvantageous to Lender) to mitigate or avoid, (i) any obligation by Borrowers to pay any amount pursuant to Sections 6.5 4.2.1 or 7.1 4.4 or (ii) the occurrence of any circumstances described in Sections 7.2 4.2.2 or 7.3 4.2.3 (and, if Lender has given notice of any such event described in clause (i) or (ii) above and thereafter such event ceases to exist, Lender shall promptly so notify BorrowersRepresentative). Without limiting the foregoing, Lender will designate a different funding office if such designation will avoid (or reduce the cost to Borrowers of) any event described in clause (i) or (ii) above and such designation will not, in Lender’s sole judgment, be otherwise disadvantageous to Lender.

Appears in 1 contract

Samples: Loan and Security Agreement (Lawson Products Inc/New/De/)

Mitigation of Circumstances. Lender shall promptly notify Borrowers of any event of which it has knowledge which will result in, and will use reasonable commercial efforts available to it (and not, in Lender’s sole commercially reasonable judgment, otherwise disadvantageous to Lender) to mitigate or avoid, (i) any obligation by Borrowers to pay any amount pursuant to Sections 6.5 4.2.1 or 7.1 4.4 or (ii) the occurrence of any circumstances described in Sections 7.2 4.2.2 or 7.3 4.2.3 (and, if Lender has given notice of any such event described in clause (i) or (ii) above and thereafter such event ceases to exist, Lender shall promptly so notify Borrowers). Without limiting the foregoing, Lender will designate a different funding office if such designation will avoid (or reduce the cost to Borrowers of) any event described in clause (i) or (ii) above and such designation will not, in Lender’s sole commercially reasonable judgment, be otherwise materially disadvantageous to Lender.

Appears in 1 contract

Samples: Loan and Security Agreement (Katy Industries Inc)

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Mitigation of Circumstances. The Lender shall promptly notify Borrowers the Company of any event of which it has knowledge which will result in, and will use reasonable commercial efforts available to it (and not, in the Lender’s sole judgment, otherwise disadvantageous to the Lender) to mitigate or avoid, (i) any obligation by Borrowers the Loan Parties to pay any amount pursuant to Sections 6.5 Section 7.6 or 7.1 8.1 or (ii) the occurrence of any circumstances described in Sections 7.2 Section 8.2 or 7.3 8.3 (and, if the Lender has given notice of any such event described in clause (i) or (ii) above and thereafter such event ceases to exist, the Lender shall promptly so notify Borrowersthe Company). Without limiting the foregoing, the Lender will designate a different funding office if such designation will avoid (or reduce the cost to Borrowers the Loan Parties of) any event described in clause (i) or (ii) above and such designation will not, in the Lender’s sole judgment, be otherwise disadvantageous to the Lender.

Appears in 1 contract

Samples: 364 Day Revolving Credit Agreement (Winmark Corp)

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