Common use of Mitigation of Yield Protection Clause in Contracts

Mitigation of Yield Protection. Each Lender hereby agrees that, commencing as promptly as practicable after it becomes aware of the occurrence of any event giving rise to the operation of Section 2.11(a), 2.12 or 2.14 with respect to such Lender, such Lender will give notice thereof through the Administrative Agent to the Company. The Company may at any time, by notice through the Administrative Agent to any Lender, request that such Lender change its Applicable Lending Office as to any Advance or Type of Advance or that it specify a new Applicable Lending Office with respect to its Commitment and any Advance held by it or that it rebook any such Advance with a view to avoiding or mitigating the consequences of an occurrence such as described in the preceding sentence, and such Lender will use reasonable efforts to comply with such request unless, in the opinion of such Lender, such change or specification or rebooking is inadvisable or might have an adverse effect, economic or otherwise, upon it, including its reputation. In addition, each Lender agrees that, except for changes or specifications or rebookings required by law or effected pursuant to the preceding sentence, if the result of any change or change of specification of Applicable Lending Office or rebooking would, but for this sentence, be to impose additional costs or requirements upon the Company pursuant to Section 2.11(a), Section 2.12 or Section 2.14 (which would not be imposed absent such change or change of specification or rebooking) by reason of legal or regulatory requirements in effect at the time thereof and of which such Lender is aware at such time, then such costs or requirements shall not be imposed upon the Company but shall be borne by such Lender. All expenses incurred by any Lender in changing an Applicable Lending Office or specifying another Applicable Lending Office of such Lender or rebooking any Advance in response to a request from the Company shall be paid by the Company. Nothing in this Section 9.09 (including, without limitation, any failure by a Lender to give any notice contemplated in the first sentence hereof) shall limit, reduce or postpone any obligations of the Company under Section 2.11(a), Section 2.12 or Section 2.14, including any obligations payable in respect of any period prior to the date of any change or specification of a new Applicable Lending Office or any rebooking of any Advance.

Appears in 14 contracts

Samples: 364 Day Credit Agreement (Honeywell International Inc), 364 Day Credit Agreement (Honeywell International Inc), 364 Day Credit Agreement (Honeywell International Inc)

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Mitigation of Yield Protection. Each Lender hereby agrees that, commencing as promptly as practicable after it becomes aware of the occurrence of any event giving rise to the operation of Section 2.11(a), 2.12 or 2.14 with respect to such Lender, such Lender will give notice thereof through the Administrative Agent to the Companyrespective Borrower. The Company A Borrower may at any time, by notice through the Administrative Agent to any Lender, request that such Lender change its Applicable Lending Office as to any Advance or Type of Advance or that it specify a new Applicable Lending Office with respect to its Commitment and any Advance held by it or that it rebook any such Advance with a view to avoiding or mitigating the consequences of an occurrence such as described in the preceding sentence, and such Lender will use reasonable efforts to comply with such request unless, in the opinion of such Lender, such change or specification or rebooking is inadvisable or might have an adverse effect, economic or otherwise, upon it, including its reputation. In addition, each Lender agrees that, except for changes or specifications or rebookings required by law or effected pursuant to the preceding sentence, if the result of any change or change of specification of Applicable Lending Office or rebooking would, but for this sentence, be to impose additional costs or requirements upon the Company respective Borrower pursuant to Section 2.11(a), Section 2.12 or Section 2.14 (which would not be imposed absent such change or change of specification or rebooking) by reason of legal or regulatory requirements in effect at the time thereof and of which such Lender is aware at such time, then such costs or requirements shall not be imposed upon the Company such Borrower but shall be borne by such Lender. All expenses incurred by any Lender in changing an Applicable Lending Office or specifying another Applicable Lending Office of such Lender or rebooking any Advance in response to a request from the Company a Borrower shall be paid by the Companysuch Borrower. Nothing in this Section 9.09 (including, without limitation, any failure by a Lender to give any notice contemplated in the first sentence hereof) shall limit, reduce or postpone any obligations of the Company respective Borrower under Section 2.11(a), Section 2.12 or Section 2.14, including any obligations payable in respect of any period prior to the date of any change or specification of a new Applicable Lending Office or any rebooking of any Advance.

Appears in 6 contracts

Samples: Five Year Credit Agreement (Honeywell International Inc), Five Year Credit Agreement (Honeywell International Inc), Five Year Credit Agreement (Honeywell International Inc)

Mitigation of Yield Protection. Each Lender hereby agrees that, commencing as promptly as practicable after it becomes aware of the occurrence of any event giving rise to the operation of Section 2.11(a2.10(a), 2.12 2.11 or 2.14 2.13 with respect to such Lender, such Lender will give notice thereof through the Administrative Agent to the Companyrespective Borrower. The Company A Borrower may at any time, by notice through the Administrative Agent to any Lender, request that such Lender change its Applicable Lending Office as to any Advance or Type of Advance or that it specify a new Applicable Lending Office with respect to its Commitment and any Advance held by it or that it rebook any such Advance with a view to avoiding or mitigating the consequences of an occurrence such as described in the preceding sentence, and such Lender will use reasonable efforts to comply with such request unless, in the opinion of such Lender, such change or specification or rebooking is inadvisable or might have an adverse effect, economic or otherwise, upon it, including its reputation. In addition, each Lender agrees that, except for changes or specifications or rebookings required by law or effected pursuant to the preceding sentence, if the result of any change or change of specification of Applicable Lending Office or rebooking would, but for this sentence, be to impose additional costs or requirements upon the Company respective Borrower pursuant to Section 2.11(a2.10(a), Section 2.12 2.11 or Section 2.14 2.13 (which would not be imposed absent such change or change of specification or rebooking) by reason of legal or regulatory requirements in effect at the time thereof and of which such Lender is aware at such time, then such costs or requirements shall not be imposed upon the Company such Borrower but shall be borne by such Lender. All expenses incurred by any Lender Bank in changing an Applicable Lending Office or specifying another Applicable Lending Office of such Lender or rebooking any Advance in response to a request from the Company a Borrower shall be paid by the Companysuch Borrower. Nothing in this Section 9.09 9.10 (including, without limitation, any failure by a Lender to give any notice contemplated in the first sentence hereof) shall limit, reduce or postpone any obligations of the Company respective Borrower under Section 2.11(a2.10(a), Section 2.12 2.11 or Section 2.142.13, including any obligations payable in respect of any period prior to the date of any change or specification of a new Applicable Lending Office or any rebooking of any Advance.

Appears in 6 contracts

Samples: Credit Agreement (Honeywell International Inc), 364 Day Backstop Credit Agreement (Alliedsignal Inc), 364 Day Credit Agreement (Honeywell International Inc)

Mitigation of Yield Protection. Each Lender hereby agrees that, commencing as promptly as practicable after it becomes aware of the occurrence of any event giving rise to the operation of Section 2.11(a), 2.12 or 2.14 with respect to such Lender, such Lender will give notice thereof through the Administrative Agent to the Companyrespective Borrower. The Company A Borrower may at any time, by notice through the Administrative Agent to any Lender, request that such Lender change its Applicable Lending Office as to any Advance or Type of Advance or that it specify a new Applicable Lending Office with respect to its Commitment and any Advance held by it or that it rebook any such Advance with a view to avoiding or mitigating the consequences of an occurrence such as described in the preceding sentence, and such Lender will use reasonable efforts to comply with such request unless, in the opinion of such Lender, such change or specification or rebooking is inadvisable or might have an adverse effect, economic or otherwise, upon it, including its reputation. In addition, each Lender agrees that, except for changes or specifications or rebookings required by law or effected pursuant to the preceding sentence, if the result of any change or change of specification of Applicable Lending Office or rebooking would, but for this sentence, be to impose additional costs or requirements upon the Company respective Borrower pursuant to Section 2.11(a), Section 2.12 or Section 2.14 (which would not be imposed absent such change or change of specification or rebooking) by reason of legal or regulatory requirements in effect at the time thereof and of which such Lender is aware at such time, then such costs or requirements shall not be imposed upon the Company such Borrower but shall be borne by such Lender. All expenses incurred by any Lender in changing an Applicable Lending Office or specifying another Applicable Lending Office of such Lender or rebooking any Advance in response to a request from the Company a Borrower shall be paid by the Companysuch Borrower. Nothing in this Section 9.09 (including, without limitation, any failure by a Lender to give any notice contemplated in the first sentence hereof) shall limit, reduce or postpone any obligations of the Company respective Borrower under Section 2.11(a), Section 2.12 or Section 2.14, including any obligations payable in respect of any period prior to the date of any change or specification of a new Applicable Lending Office or any rebooking of any Advance.

Appears in 5 contracts

Samples: Five Year Credit Agreement (Honeywell International Inc), Five Year Credit Agreement (Honeywell International Inc), Credit Agreement (Honeywell International Inc)

Mitigation of Yield Protection. Each Lender Bank hereby agrees that, commencing as promptly as practicable after it becomes aware of the occurrence of any event giving rise to the operation of Section 2.11(a), 2.12 5.4 or 2.14 6.5 with respect to such LenderBank, such Lender Bank will give notice thereof through the Administrative Agent to the CompanyBorrower. The Company Borrower may at any time, by notice through the Administrative Agent to any LenderBank, request that such Lender Bank change its Applicable Lending Office lending office as to any Advance or Type type of Advance or that it specify a new Applicable Lending Office lending office with respect to its Commitment and any Advance held by it or that it rebook any such Advance with a view to avoiding or mitigating the consequences of an occurrence such as described in the preceding sentence, and such Lender Bank will use reasonable efforts to comply with such request unless, in the opinion of such LenderBank, such change or specification or rebooking is inadvisable or might have an adverse effect, economic or otherwise, upon it, including its reputation. In addition, each Lender Bank agrees that, except for changes or specifications or rebookings required by law or effected pursuant to the preceding sentence, if the result of any change or change of specification of Applicable Lending Office lending office or rebooking would, but for this sentence, be to impose additional costs or requirements upon the Company Borrower pursuant to Section 2.11(a), Section 2.12 5.4 or Section 2.14 6.5 (which would not be imposed absent such change or change of specification or rebooking) by reason of legal or regulatory requirements in effect at the time thereof and of which such Lender Bank is aware at such time, then such costs or requirements shall not be imposed upon the Company Borrower but shall be borne by such LenderBank. All expenses incurred by any Lender Bank in changing an Applicable Lending Office a lending office or specifying another Applicable Lending Office lending office of such Lender Bank or rebooking any Advance in response to a request from the Company Borrower shall be paid by the CompanyBorrower. Nothing in this Section 9.09 5.5 (including, without limitation, any failure by a Lender Bank to give any notice contemplated in the first sentence hereof) shall limit, reduce or postpone any obligations of the Company Borrower under Section 2.11(a), Section 2.12 5.4 or Section 2.146.5, including any obligations payable in respect of any period prior to the date of any change or specification of a new Applicable Lending Office lending office or any rebooking of any Advance.

Appears in 5 contracts

Samples: 364 Day Credit Agreement (3m Co), Five Year Credit Agreement (3m Co), 364 Day Credit Agreement (3m Co)

Mitigation of Yield Protection. Each Lender The Bank hereby agrees that, commencing as promptly as practicable after it becomes aware of the occurrence of any event giving rise to the operation of Section 2.11(a)5.2 or 6.4, 2.12 or 2.14 with respect to such Lender, such Lender the Bank will give notice thereof through the Administrative Agent to the CompanyBorrower. The Company Borrower may at any time, by notice through to the Administrative Agent to any LenderBank, request that such Lender the Bank change its Applicable Lending Office lending office as to any Advance or Type of Advance Unreimbursed L/C Obligations or that it specify a new Applicable Lending Office lending office with respect to its Commitment and any Advance held by it Letters of Credit or that it rebook any such Advance Letter of Credit with a view to avoiding or mitigating the consequences of an occurrence such as described in the preceding sentence, and such Lender the Bank will use reasonable efforts to comply with such request unless, in the opinion of such Lenderthe Bank, such change or specification or rebooking is inadvisable or might have an adverse effect, economic or otherwise, upon it, including its reputation. In addition, each Lender the Bank agrees that, except for changes or specifications or rebookings required by law or effected pursuant to the preceding sentence, if the result of any change or change of specification of Applicable Lending Office lending office or rebooking would, but for this sentence, be to impose additional costs or requirements upon the Company Borrower pursuant to Section 2.11(a), Section 2.12 5.2 or Section 2.14 6.4 (which would not be imposed absent such change or change of specification or rebooking) by reason of legal or regulatory requirements in effect at the time thereof and of which such Lender the Bank is aware at such time, then such costs or requirements shall not be imposed upon the Company Borrower but shall be borne by such Lenderthe Bank. All expenses incurred by any Lender the Bank in changing an Applicable Lending Office a lending office or specifying another Applicable Lending Office lending office of such Lender the Bank or rebooking any Advance Letter of Credit in response to a request from the Company Borrower shall be paid by the CompanyBorrower. Nothing in this Section 9.09 5.3 (including, without limitation, any failure by a Lender the Bank to give any notice contemplated in the first sentence hereof) shall limit, reduce or postpone any obligations of the Company Borrower under Section 2.11(a), Section 2.12 5.2 or Section 2.146.4, including any obligations payable in respect of any period prior to the date of any change or specification of a new Applicable Lending Office lending office or any rebooking of any AdvanceLetter of Credit.

Appears in 3 contracts

Samples: Letter of Credit Agreement (3m Co), Letter of Credit Agreement (3m Co), Letter of Credit Agreement (3m Co)

Mitigation of Yield Protection. Each Lender Bank hereby agrees that, commencing as promptly as practicable after it becomes aware of the occurrence of any event giving rise to the operation of Section 2.11(a), 2.12 4.4 or 2.14 Section 5.5 with respect to such LenderBank, such Lender Bank will give notice thereof through the Administrative Agent to the CompanyBorrower. The Company Borrower may at any time, by notice through the Administrative Agent to any LenderBank, request that such Lender Bank change its Applicable Lending Office lending office as to any Advance or Type type of Advance or that it specify a new Applicable Lending Office lending office with respect to its Commitment and any Advance held by it or that it rebook any such Advance with a view to avoiding or mitigating the consequences of an occurrence such as described in the preceding sentence, and such Lender Bank will use reasonable efforts to comply with such request unless, in the opinion of such LenderBank, such change or specification or rebooking is inadvisable or might have an adverse effectis, economic or otherwisein the Bank’s good faith judgment, upon it, including its reputationdisadvantageous to such Bank. In addition, each Lender Bank agrees that, except for changes or specifications or rebookings required by law or effected pursuant to the preceding sentence, if the result of any change or change of specification of Applicable Lending Office lending office or rebooking would, but for this sentence, be to impose additional costs or requirements upon the Company Borrower pursuant to Section 2.11(a), Section 2.12 4.4 or Section 2.14 5.5 (which would not be imposed absent such change or change of specification or rebooking) by reason of legal or regulatory requirements in effect at the time thereof and of which such Lender Bank is aware at such time, then such costs or requirements shall not be imposed upon the Company Borrower but shall be borne by such LenderBank. All expenses incurred by any Lender Bank in changing an Applicable Lending Office a lending office or specifying another Applicable Lending Office lending office of such Lender Bank or rebooking any Advance in response to a request from the Company Borrower shall be paid by the CompanyBorrower. Nothing in this Section 9.09 4.5 (including, without limitation, any failure by a Lender Bank to give any notice contemplated in the first sentence hereof) shall limit, reduce or postpone any obligations of the Company Borrower under Section 2.11(a), Section 2.12 4.4 or Section 2.145.5, including any obligations payable in respect of any period prior to the date of any change or specification of a new Applicable Lending Office lending office or any rebooking of any Advance.

Appears in 3 contracts

Samples: Revolving Credit Agreement (Solventum Corp), Delayed Draw Term Loan Agreement (Solventum Corp), Credit Agreement (3m Co)

Mitigation of Yield Protection. Each Lender Bank hereby agrees that, commencing as promptly as practicable after it becomes aware of the occurrence of any event giving rise to the operation of Section 2.11(a), 2.12 5.4 or 2.14 6.5 with respect to such LenderBank, such Lender Bank will give notice thereof through the Administrative Agent to the CompanyBorrower. The Company Borrower may at any time, by notice through the Administrative Agent to any LenderBank, request that such Lender Bank change its Applicable Lending Office lending office as to any Advance or Type type of Advance or that it specify a new Applicable Lending Office lending office with respect to its Commitment and any Advance held by it or that it rebook any such Advance with a view to avoiding or mitigating the consequences of an occurrence such as described in the preceding sentence, and such Lender Bank will use reasonable efforts to comply with such request unless, in the opinion of such LenderBank, such change or specification or rebooking is inadvisable or might have an adverse effect, economic or otherwise, upon it, including its reputation. In addition, each Lender Bank agrees that, except for changes or specifications or rebookings required by law or effected pursuant to the preceding sentence, if the result of any change or change of specification of Applicable Lending Office lending office or rebooking would, but for this sentence, be to impose additional costs or requirements upon the Company Borrower pursuant to Section 2.11(a), Section 2.12 5.4 or Section 2.14 6.5 (which would not be imposed absent such change or change of specification or rebooking) by reason of legal or regulatory requirements in effect at the time thereof and of which such Lender Bank is aware at such time, then such costs or requirements shall not be imposed upon the Company Borrower but shall be borne by such LenderBank. All expenses incurred by any Lender Bank in changing an Applicable Lending Office a lending office or specifying another Applicable Lending Office lending office of such Lender Bank or rebooking any Advance in response to a request from the Company Borrower shall be paid by the CompanyBorrower. Nothing in this Section 9.09 5.6 (including, without limitation, any failure by a Lender Bank to give any notice contemplated in the first sentence hereof) shall limit, reduce or postpone any obligations of the Company Borrower under Section 2.11(a), Section 2.12 5.4 or Section 2.146.5, including any obligations payable in respect of any period prior to the date of any change or specification of a new Applicable Lending Office lending office or any rebooking of any Advance.

Appears in 2 contracts

Samples: Five Year Credit Agreement (3m Co), Credit Agreement (3m Co)

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Mitigation of Yield Protection. Each Lender hereby agrees that, commencing as promptly as practicable after it becomes aware of the occurrence of any event giving rise to the operation of Section 2.11(a2.10(a), 2.12 2.11 or 2.14 with respect to such Lender, such Lender will give notice thereof through the Administrative Agent to the Companyrespective Borrower. The Company A Borrower may at any time, by notice through the Administrative Agent to any Lender, request that such Lender change its Applicable Lending Office as to any Advance or Type of Advance or that it specify a new Applicable Lending Office with respect to its Commitment and any Advance held by it or that it rebook any such Advance with a view to avoiding or mitigating the consequences of an occurrence such as described in the preceding sentence, and such Lender will use reasonable efforts to comply with such request unless, in the opinion of such Lender, such change or specification or rebooking is inadvisable or might have an adverse effect, economic or otherwise, upon it, including its reputation. In addition, each Lender agrees that, except for changes or specifications or rebookings required by law or effected pursuant to the preceding sentence, if the result of any change or change of specification of Applicable Lending Office or rebooking would, but for this sentence, be to impose additional costs or requirements upon the Company respective Borrower pursuant to Section 2.11(a2.10(a), Section 2.12 2.11 or Section 2.14 (which would not be imposed absent such change or change of specification or rebooking) by reason of legal or regulatory requirements in effect at the time thereof and of which such Lender is aware at such time, then such costs or requirements shall not be imposed upon the Company such Borrower but shall be borne by such Lender. All expenses incurred by any Lender in changing an Applicable Lending Office or specifying another Applicable Lending Office of such Lender or rebooking any Advance in response to a request from the Company a Borrower shall be paid by the Companysuch Borrower. Nothing in this Section 9.09 9.08 (including, without limitation, any failure by a Lender to give any notice contemplated in the first sentence hereof) shall limit, reduce or postpone any obligations of the Company respective Borrower under Section 2.11(a2.10(a), Section 2.12 2.11 or Section 2.14, including any obligations payable in respect of any period prior to the date of any change or specification of a new Applicable Lending Office or any rebooking of any Advance.

Appears in 1 contract

Samples: 364 Day Credit Agreement (Honeywell International Inc)

Mitigation of Yield Protection. Each Lender hereby agrees that, commencing as promptly as practicable after it becomes aware of the occurrence of any event giving rise to the operation of Section 2.11(a), 2.12 ) or 2.14 with respect to such Lender, such Lender will give notice thereof through the Administrative Agent to the Company. The Company may at any time, by notice through the Administrative Agent to any Lender, request that such Lender change its Applicable Lending Office as to any Advance or Type of Advance or that it specify a new Applicable Lending Office with respect to its Commitment and any Advance held by it or that it rebook any such Advance with a view to avoiding or mitigating the consequences of an occurrence such as described in the preceding sentence, and such Lender will use reasonable efforts to comply with such request unless, in the opinion of such Lender, such change or specification or rebooking is inadvisable or might have an adverse effect, economic or otherwise, upon it, including its reputation. In addition, each Lender agrees that, except for changes or specifications or rebookings required by law or effected pursuant to the preceding sentence, if the result of any change or change of specification of Applicable Lending Office or rebooking would, but for this sentence, be to impose additional costs or requirements upon the Company pursuant to Section 2.11(a), Section 2.12 ) or Section 2.14 (which would not be imposed absent such change or change of specification or rebooking) by reason of legal or regulatory requirements in effect at the time thereof and of which such Lender is aware at such time, then such costs or requirements shall not be imposed upon the Company but shall be borne by such Lender. All expenses incurred by any Lender in changing an Applicable Lending Office or specifying another Applicable Lending Office of such Lender or rebooking any Advance in response to a request from the Company shall be paid by the Company. Nothing in this Section 9.09 (including, without limitation, any failure by a Lender to give any notice contemplated in the first sentence hereof) shall limit, reduce or postpone any obligations of the Company under Section 2.11(a), Section 2.12 ) or Section 2.14, including any obligations payable in respect of any period prior to the date of any change or specification of a new Applicable Lending Office or any rebooking of any Advance.

Appears in 1 contract

Samples: Fixed Rate Term Loan Credit Agreement (Honeywell International Inc)

Mitigation of Yield Protection. Each Lender hereby agrees that, commencing as promptly as practicable after it becomes aware of the occurrence of any event giving rise to the operation of Section 2.11(a2.10(a), 2.12 2.11 or 2.14 2.13 with respect to such Lender, such Lender will give notice thereof through the Administrative Agent to the Companyrespective Borrower. The Company A Borrower may at any time, by notice through the Administrative Agent to any Lender, request that such Lender change its Applicable Lending Office as to any Advance or Type of Advance or that it specify a new Applicable Lending Office with respect to its Commitment and any Advance held by it or that it rebook any such Advance with a view to avoiding or mitigating the consequences of an occurrence such as described in the preceding sentence, and such Lender will use reasonable efforts to comply with such request unless, in the opinion of such Lender, such change or specification or rebooking is inadvisable or might have an adverse effect, economic or otherwise, upon it, including its reputation. In addition, each Lender agrees that, except for changes or specifications or rebookings required by law or effected pursuant to the preceding sentence, if the result of any change or change of specification of Applicable Lending Office or rebooking would, but for this sentence, be to impose additional costs or requirements upon the Company respective Borrower pursuant to Section 2.11(a2.10(a), Section 2.12 2.11 or Section 2.14 2.13 (which would not be imposed absent such change or change of specification or rebooking) by reason of legal or regulatory requirements in effect at the time thereof and of which such Lender is aware at such time, then such costs or requirements shall not be imposed upon the Company such Borrower but shall be borne by such Lender. All expenses incurred by any Lender Bank in changing an Applicable Lending Office or specifying another Applicable Lending Office of such Lender or rebooking any Advance in response to a request from the Company a Borrower shall be paid by the Companysuch Borrower. Nothing in this Section 9.09 (including, without limitation, any failure by a Lender to give any notice contemplated in the first sentence hereof) shall limit, reduce or postpone any obligations of the Company respective Borrower under Section 2.11(a2.10(a), Section 2.12 2.11 or Section 2.142.13, including any obligations payable in respect of any period prior to the date of any change or specification of a new Applicable Lending Office or any rebooking of any Advance.

Appears in 1 contract

Samples: 364 Day Credit Agreement (Honeywell International Inc)

Mitigation of Yield Protection. Each Lender hereby agrees that, commencing as promptly as practicable after it becomes aware of the occurrence of any event giving rise to the operation of Section 2.11(a), 2.12 or 2.14 with respect to such Lender, such Lender will give notice thereof through the Administrative Agent to the Companyrespective Borrower. The Company A Borrower may at any time, by notice through the Administrative Agent to any Lender, request that such Lender change its Applicable Lending Office as to any Advance or Type of Advance or that it specify a new Applicable Lending Office with respect to its Commitment and any Advance held by it or that it rebook any such Advance with a view to avoiding or mitigating the consequences of an occurrence such as described in the preceding sentence, and such Lender will use reasonable efforts to comply with such request unless, in the opinion of such Lender, such change or specification or rebooking is inadvisable or might have an adverse effect, economic or otherwise, upon it, including its reputation. In addition, each Lender agrees that, except for changes or specifications or rebookings required by law or effected pursuant to the preceding sentence, if the result of any change or change of specification of Applicable Lending Office or rebooking would, but for this sentence, be to impose additional costs or requirements upon the Company respective Borrower NYDOCS01/1619437.3A 96 pursuant to Section 2.11(a), Section 2.12 or Section 2.14 (which would not be imposed absent such change or change of specification or rebooking) by reason of legal or regulatory requirements in effect at the time thereof and of which such Lender is aware at such time, then such costs or requirements shall not be imposed upon the Company such Borrower but shall be borne by such Lender. All expenses incurred by any Lender in changing an Applicable Lending Office or specifying another Applicable Lending Office of such Lender or rebooking any Advance in response to a request from the Company a Borrower shall be paid by the Companysuch Borrower. Nothing in this Section 9.09 (including, without limitation, any failure by a Lender to give any notice contemplated in the first sentence hereof) shall limit, reduce or postpone any obligations of the Company respective Borrower under Section 2.11(a), Section 2.12 or Section 2.14, including any obligations payable in respect of any period prior to the date of any change or specification of a new Applicable Lending Office or any rebooking of any Advance.

Appears in 1 contract

Samples: Five Year Credit Agreement (Honeywell International Inc)

Mitigation of Yield Protection. Each Lender hereby agrees that, commencing as promptly as practicable after it becomes aware of the occurrence of any event giving rise to the operation of Section 2.11(a), 2.12 or 2.14 with respect to such Lender, such Lender will give notice thereof through the Administrative Agent to the Companyrespective Borrower. The Company A Borrower may at any time, by notice through the Administrative Agent to any Lender, request that such Lender change its Applicable Lending Office as to any Advance or Type of Advance or that it specify a new Applicable Lending Office with respect to its Commitment and any Advance held by it or that it rebook any such Advance with a view to avoiding or mitigating the consequences of an occurrence such as described in the preceding sentence, and such Lender will use reasonable efforts to comply with such request unless, in the opinion of such Lender, such change or specification or rebooking is inadvisable or might have an adverse effect, economic or otherwise, upon it, including its reputation. In addition, each Lender agrees that, except for changes or specifications or rebookings required by law or effected pursuant to the preceding sentence, if the result of any change or change of specification of Applicable Lending Office or rebooking would, but for this sentence, be to impose additional costs or requirements upon the Company respective Borrower pursuant to Section 2.11(a), Section 2.12 or Section 2.14 (which would not be imposed absent such change or change of specification or rebooking) by reason of legal or regulatory requirements in effect at the time thereof and of which such Lender is aware at such time, then such costs or requirements shall not be imposed upon the Company such Borrower but shall be borne by such Lender. All expenses incurred by any Lender Bank in changing an Applicable Lending Office or specifying another Applicable Lending Office of such Lender or rebooking any Advance in response to a request from the Company a Borrower shall be paid by the Companysuch Borrower. Nothing in this Section 9.09 (including, without limitation, any failure by a Lender to give any notice contemplated in the first sentence hereof) shall limit, reduce or postpone any obligations of the Company respective Borrower under Section 2.11(a), Section 2.12 or Section 2.14, including any obligations payable in respect of any period prior to the date of any change or specification of a new Applicable Lending Office or any rebooking of any Advance.

Appears in 1 contract

Samples: Credit Agreement (Honeywell International Inc)

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