Mitigation. (a) Each Finance Party shall, in consultation with the Borrower, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 (Illegality), Clause 13 (Tax Gross Up and Indemnities), Clause 14 (Increased Costs) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office. (b) Paragraph (a) above does not in any way limit the obligations of the Borrower under the Finance Documents.
Appears in 6 contracts
Sources: Facility Agreement (PT Indosat TBK), Facility Agreement (PT Indosat TBK), Facility Agreement (PT Indosat TBK)
Mitigation. (a) 16.1.1 Each Finance Party shall, in consultation with the Borrower, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 (Mandatory prepayment - Illegality), Clause 13 (Tax Gross Up Gross-up and Indemnities), ) or Clause 14 (Increased Changes in Costs) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office).
(b) Paragraph (a) above does not in any way limit the obligations of the Borrower under the Finance Documents.
Appears in 6 contracts
Sources: Senior Facility Agreement (Lesaka Technologies Inc), Common Terms Agreement (Net 1 Ueps Technologies Inc), Common Terms Agreement (Net 1 Ueps Technologies Inc)
Mitigation. (a) Each Finance Party shall, in consultation with the Borrower, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 (Illegality), Clause 12 (Tax gross-up and indemnities) or Clause 13 (Tax Gross Up and Indemnities), Clause 14 (Increased Costscosts) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) above does not in any way limit the obligations of the Borrower any Obligor under the Finance Documents.
Appears in 6 contracts
Sources: Facility Agreement (Bristow Group Inc.), Facility Agreement (Bristow Group Inc.), Facility Agreement (Bristow Group Inc.)
Mitigation. (a) Each Finance Party shall, in consultation with the Borrower, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 (Illegality), Clause 12 (Tax gross-up and indemnities) or Clause 13 (Tax Gross Up and Indemnities), Clause 14 (Increased Costscosts) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) above does not in any way limit the obligations of the Borrower under the Finance Documents.
Appears in 5 contracts
Sources: Facility Agreement (Randgold Resources LTD), Facility Agreement (Aluminum Corp of China), Facility Agreement (Mobifon Holdings Bv)
Mitigation. (a) 15.1.1 Each Finance Party shall, in consultation with the Borrower, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 12 (Illegality), Clause 13 (Tax Gross Up and Indemnities), Increased Costs) or Clause 14 (Increased Costs) including (Taxes), including, but not limited to) , transferring its rights and obligations under the Finance Financing Documents to another Affiliate affiliate or Facility Office.
(b) Paragraph (a) above does not in any way limit the obligations of the Borrower under the Finance Documents.
Appears in 5 contracts
Sources: Project Financing Facility Agreement, Project Financing Facility Agreement (Mercer International Inc.), Project Financing Facility Agreement (Mercer International Inc.)
Mitigation. (a) Each Finance Party shall, in consultation with the Borrower, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 (Illegality), Clause 13 12 (Tax Gross Up gross-up and Indemnities), indemnities) or Clause 14 13.1 (Increased Costscosts) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) above does not in any way limit the obligations of the Borrower under the Finance Documents.
Appears in 5 contracts
Sources: Facility Agreement (Mobile Telesystems Ojsc), Facility Agreement (MTS Inc), Facility Agreement (Mobile Telesystems Ojsc)
Mitigation. (a) Each Finance Party shall, in consultation with the BorrowerCompany, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 9.1 (Illegality), Clause 13 14 (Tax Gross Up gross-up and Indemnities), indemnities) or Clause 14 15 (Increased Costs) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) above does not in any way limit the obligations of the Borrower any Obligor under the Finance Documents.
Appears in 4 contracts
Sources: Facility Agreement (Marine Harvest ASA), Facility Agreement (Marine Harvest ASA), Facility Agreement (Marine Harvest ASA)
Mitigation. (a) Each Finance Party shall, in consultation with the BorrowerCompany, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 (Illegality), Clause 13 12 (Tax Gross Up gross-up and Indemnities), indemnities) or Clause 14 13 (Increased Costs) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) above does not in any way limit the obligations of the Borrower any Obligor under the Finance Documents.
Appears in 4 contracts
Sources: Facility Agreement (eToro Group Ltd.), Revolving Senior Secured Credit Facility Agreement (Gold Fields LTD), Facility Agreement (Solutia Inc)
Mitigation. (a) Each Finance Party shall, in consultation with the BorrowerCompany, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 8.1 (Illegality), Clause 13 (Tax Gross Up gross-up and Indemnities), indemnities) or Clause 14 (Increased Costscosts) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) above does not in any way limit the obligations of the Borrower any Obligor under the Finance Documents.
Appears in 4 contracts
Sources: Multicurrency Revolving Facility Agreement (H Lundbeck a S), Multicurrency Revolving Facilities Agreement (Gallaher Group PLC), Facilities Agreement (Analex Corp)
Mitigation. (a) 15.1.1 Each Finance Party shall, in consultation with the Borrower, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 (Illegality), Clause 13 12 (Tax Gross Up gross-up and Indemnitiesindemnities), Clause 14 13 (Increased Costscosts) or Schedule 4 (Mandatory Cost formula) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility OfficeOffice or to another financial institution reasonably acceptable to the Borrower and the Agent.
(b) Paragraph (a) 15.1.2 Clause 15.1.1 above does not in any way limit the obligations of the Borrower under the Finance Documents.
Appears in 4 contracts
Sources: Facility Agreement, Facility Agreement, Facility Agreement (Hoegh LNG Partners LP)
Mitigation. (a) Each Finance Party shall, in consultation with the BorrowerCompany, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 9.1 (Illegality), Clause 13 16 (Tax Gross Up gross-up and Indemnities), indemnities) or Clause 14 17 (Increased Costs) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) above does not in any way limit the obligations of the Borrower any Obligor under the Finance Documents.
Appears in 4 contracts
Sources: Revolving Facility Agreement (Nord Anglia Education, Inc.), Amendment and Restatement Agreement (Nord Anglia Education, Inc.), Revolving Facility Agreement (Nord Anglia Education, Inc.)
Mitigation. (a) Each Finance Party shall, in consultation with the BorrowerBorrowers, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 (Illegality), Clause 13 12 (Tax Gross Up gross-up and Indemnities), indemnities) or Clause 14 13 (Increased Costs) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) above does not in any way limit the obligations of the Borrower any Obligor under the Finance Documents.
Appears in 4 contracts
Sources: Facility Agreement (Seanergy Maritime Holdings Corp.), Facility Agreement (Seanergy Maritime Holdings Corp.), Facility Agreement (Seanergy Maritime Holdings Corp.)
Mitigation. (a) Each Finance Party shall, in consultation with the Borrower, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, to any of Clause 7.1 (Illegality), Clause 13 10 (Tax Gross Up gross-up and Indemnities), indemnities) or Clause 14 11 (Increased Costscosts) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) above of this Clause 13.1 does not in any way limit the obligations of the Borrower any Obligor under the Finance Documents.
Appears in 3 contracts
Sources: Pre Export Finance Agreement (Votorantim Pulp & Paper Inc), Pre Export Finance Agreement (Votorantim Pulp & Paper Inc), Pre Export Finance Agreement (Votorantim Pulp & Paper Inc)
Mitigation. (a) Each Finance Party shall, in consultation with the Borrower, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 (Illegality), Clause 13 12 (Tax Gross Up and Indemnities), Clause 14 13 (Increased Costs) including or paragraph (but not limited toa) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Officeof Clause 14.3 (Mandatory Cost).
(b) Paragraph (a) above does not in any way limit the obligations of the Borrower any Transaction Obligor under the Finance Documents.
Appears in 3 contracts
Sources: Term Loan Facility (Grindrod Shipping Holdings Ltd.), Facility Agreement (Grindrod Shipping Holdings Pte. Ltd.), Facility Agreement (Scorpio Tankers Inc.)
Mitigation. (a) Each Finance Party shall, in consultation with the Borrower, take all reasonable steps to mitigate any circumstances which arise and which would result in all or any part of the Loan ceasing to be available or any amount becoming payable under or pursuant to, or cancelled pursuant to, to any of Clause 7.1 (Illegality), Clause 13 12 (Tax Gross Up and Indemnities), ) or Clause 14 13 (Increased Costs) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) . The above does not in any way limit the obligations of the Borrower any Security Party under the Finance Documents.
Appears in 3 contracts
Sources: Loan Agreement (Safe Bulkers, Inc.), Loan Agreement (Safe Bulkers, Inc.), Amending and Restating Agreement (Safe Bulkers, Inc.)
Mitigation. (a) Each Finance Party shall, in consultation with the Borrower, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 8.1 (Illegality), Clause 13 15 (Tax Gross Up gross-up and Indemnities), indemnities) or Clause 14 16 (Increased Costs) ), including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) above does not in any way limit the obligations of the Borrower under the Finance Documents.
Appears in 3 contracts
Sources: Amendment and Restatement Agreement (STUDIO CITY INTERNATIONAL HOLDINGS LTD), Amendment and Restatement Agreement (STUDIO CITY INTERNATIONAL HOLDINGS LTD), Amendment and Restatement Agreement (Melco Crown Entertainment LTD)
Mitigation. (a) Each Finance Party shall, in consultation with the BorrowerObligors’ Agent, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 (Illegality), Clause 13 (Tax Gross Up gross up and Indemnities), indemnities) or Clause 14 (Increased Costs) costs), including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) above does not in any way limit the obligations of the Borrower any Obligor Party under the Finance Documents.
Appears in 3 contracts
Sources: Facility Agreement (GDS Holdings LTD), Facility Agreement (GDS Holdings LTD), Facility Agreement (GDS Holdings LTD)
Mitigation. (a) Each Finance Party shall, in consultation with the BorrowerParent, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 12.1 (Illegality), Clause 13 ) or Clauses 17.1 (Tax Gross Up and Indemnities), Clause 14 gross-up) to 17.6 (Increased CostsOther indemnities) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) above does not in any way limit the obligations of the Borrower any Obligor under the Finance Documents.
Appears in 3 contracts
Sources: Financing Agreement, Financing Agreement (Cemex Sab De Cv), Financing Agreement (Cemex Sab De Cv)
Mitigation. (a) Each Finance Party shall, in consultation with the BorrowerCompany, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 clause 10.1 (Illegality), Clause 13 clause 17 (Tax Gross Up gross up and Indemnitiesindemnities), Clause 14 clause 18 (Increased Costs) costs), including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (aClause 20.1(a) above does not in any way limit the obligations of the Borrower any Obligor under the Finance Documents.
Appears in 3 contracts
Sources: Senior Facilities Agreement (Luxfer Holdings PLC), Senior Facilities Agreement (Luxfer Holdings PLC), Senior Facilities Agreement (Luxfer Holdings PLC)
Mitigation. (a) Each Finance Party shall, in consultation with the BorrowerCompany, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 9.1 (Illegality), Clause 13 14 (Tax Gross Up gross-up and Indemnitiesindemnities) or Clause 15 (Increased costs), Clause 14 (Increased Costs) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) above does not in any way limit the obligations of the Borrower any Obligor under the Finance Documents.
Appears in 3 contracts
Sources: Amendment and Restatement Agreement (Cboe Global Markets, Inc.), Amendment and Restatement Agreement (Cboe Global Markets, Inc.), Amendment and Restatement Agreement (Cboe Global Markets, Inc.)
Mitigation. (a) 17.1.1 Each Finance Party shall, in consultation with the Borrower, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause clause 7.1 (Illegality), Clause 13 clause 14 (Tax Gross Up and Indemnities), Clause 14 clause 15 (Increased Costs) or paragraph 3 of Schedule 5 (Mandatory Cost Formula) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) above 17.1.2 Clause 17.1.1 does not in any way limit the obligations of the Borrower any Obligor under the Finance Documents.
Appears in 3 contracts
Sources: Facilities Agreement (International Shipping Enterprises, Inc.), Facilities Agreement (Navios Maritime Holdings Inc.), Facilities Agreement (International Shipping Enterprises, Inc.)
Mitigation. (a) Each Finance Party shall, in consultation with the BorrowerBorrowers, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 7.3 (Illegality), Clause 12 (Tax gross-up and indemnities) or Clause 13 (Tax Gross Up and Indemnities), Clause 14 (Increased Costscosts) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) above does not in any way limit the obligations of the Borrower any Obligor under the Finance Documents.
Appears in 3 contracts
Sources: Term Loan Facilities Agreement (DHT Holdings, Inc.), Term Loan Facility Agreement (DHT Holdings, Inc.), Term Loan Facility Agreement (DHT Holdings, Inc.)
Mitigation. (a) Each Finance Party shall, in consultation with the Borrower, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 8.1 (Illegality), Clause 13 (Tax Gross Up gross-up and Indemnities), indemnities) or Clause 14 (Increased Costs) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) above does not in any way limit the obligations of the Borrower any Obligor under the Finance Documents.
Appears in 3 contracts
Sources: Single Currency Revolving Facility Agreement (StoneX Group Inc.), Revolving Facility Agreement (StoneX Group Inc.), Usd 75,000,000 Single Currency Revolving Facility Agreement (StoneX Group Inc.)
Mitigation. (a) Each Finance Party shall, in consultation with the BorrowerBorrowers, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause clause 7.1 (Illegality), Clause 13 clause 12 (Tax Gross Up gross-up and Indemnities), Clause 14 indemnities) or clause 13 (Increased Costs) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (aClause 15.1(a) above does not in any way limit the obligations of the Borrower any Obligor under the Finance Documents.
Appears in 3 contracts
Sources: Facility Agreement (Navigator Holdings Ltd.), Facilities Agreement (Navigator Holdings Ltd.), Loan Agreement (Navigator Holdings Ltd.)
Mitigation. (a) Each Finance Party shall, in consultation with the Borrower, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 (Illegality), Clause 13 12 (Tax Gross Up gross-up and Indemnities), indemnities) or Clause 14 13.1 (Increased Costs) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) above does not in any way limit the obligations of the Borrower under the Finance Documents.
Appears in 2 contracts
Sources: Facility Agreement (Lillian Acquisition, Inc.), Facility Agreement (Mobile Telesystems Ojsc)
Mitigation. (ai) Each Finance Party shall, in consultation with the Borrower, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 (Illegality), Clause 12 (Tax gross-up and indemnities) or Clause 13 (Tax Gross Up and Indemnities), Clause 14 (Increased Costscosts) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility OfficeOffice or New Lender.
(bii) Paragraph (ai) above does not in any way limit the obligations of the Borrower under the Finance Documents.
Appears in 2 contracts
Sources: Facility Agreement (Sterlite Industries (India) LTD), Facility Agreement (Sterlite Industries (India) LTD)
Mitigation. (a) Each Finance Party shall, in consultation with the BorrowerCompany, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 8.1 (Illegality), Clause 13 11 (Tax Gross Up and IndemnitiesTaxes), Clause 14 12 (Tax Receipts) or Clause 13 (Increased Costscosts) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) above does not in any way limit the obligations of the Borrower Company under the Finance Documents.
Appears in 2 contracts
Sources: Standby Letter of Credit Facility Agreement (Montpelier Re Holdings LTD), £110,000,000 Standby Letter of Credit Facility Agreement (Montpelier Re Holdings LTD)
Mitigation. (a) Each Finance Party shall, in consultation with the Borrower, take all reasonable steps to mitigate any circumstances which arise and which would result in the Facility ceasing to be available or any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 8.1 (Illegality), Clause 13 13 (Tax Gross Up gross up and Indemnities), indemnities) or Clause 14 14 (Increased Costscosts) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) above does not in any way limit the obligations of the Borrower any Obligor under the Finance Documents.
Appears in 2 contracts
Sources: Facility Agreement (NorthStar Healthcare Income, Inc.), Facility Agreement (Northstar Realty Finance Corp.)
Mitigation. (aA) Each Finance Party shall, in consultation with the Borrower, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 (Illegality), ) or Clause 13 11 (Tax Gross Up gross-up and Indemnities), Clause 14 (Increased Costsindemnities) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility OfficeAffiliate.
(bB) Paragraph (aClause 14.1(A) above does not in any way limit the obligations of the Borrower any Obligor under the Finance Documents.
Appears in 2 contracts
Sources: Term Facility Agreement (Rockley Photonics Holdings LTD), Support Letter (Rockley Photonics Holdings LTD)
Mitigation. (a) Each Finance Party shall, in consultation with the Borrower, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 (Illegality), Clause 13 14 (Tax Gross Up gross up and Indemnities), indemnities) or Clause 14 15 (Increased Costs) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) above does not in any way limit the obligations of the Borrower any Loan Party under the Finance Documents.
Appears in 2 contracts
Sources: Syndication and Amendment Agreement (Igate Corp), Facilities Agreement (Igate Corp)
Mitigation. (a) Each Finance Party shall, in consultation with the Borrower, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 8.1 (Illegality), Clause 13 15 (Tax Gross Up gross-up and Indemnities), indemnities) or Clause 14 16 (Increased Costs) ), including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) above does not in any way limit the obligations of the Borrower any Obligor under the Finance Documents.
Appears in 2 contracts
Sources: Amendment and Restatement Agreement (Melco Resorts & Entertainment LTD), Amendment and Restatement Agreement (STUDIO CITY INTERNATIONAL HOLDINGS LTD)
Mitigation. (a) Each Finance Party shall, in consultation with the Borrower, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 8.1 (Illegality), Clause 13 (Tax Gross Up gross-up and Indemnities), indemnities) or Clause 14 (Increased Costs) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) above does not in any way limit the obligations of the Borrower under the Finance Documents.
Appears in 2 contracts
Sources: Revolving Facility Agreement (StoneX Group Inc.), Revolving Facility Agreement (StoneX Group Inc.)
Mitigation. (a) Each Finance Party shall, in consultation with the BorrowerCompany, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 8.1 (Illegality), Clause 13 (Tax Gross Up and Indemnities), ) or Clause 14 14.1 (Increased Costscosts) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) above does not in any way limit the obligations of the Borrower any Obligor under the Finance Documents.
Appears in 2 contracts
Sources: Mandate Letter, Term Loan Facilities Agreement
Mitigation. (a) Each Finance Party shall, in consultation with the Borrower, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 14.1 (Illegality), Clause 13 15 (Tax Gross Up gross-up and Indemnities), indemnities) or Clause 14 16 (Increased Costs) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) above does not in any way limit the obligations of the Borrower under the Finance Documents.
Appears in 2 contracts
Sources: Loan Agreement (Western Wireless Corp), Loan Agreement (Western Wireless Corp)
Mitigation. (a) Each Finance Party shall, in consultation with the Borrower, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 7.3 (Illegality), Clause 12 (Tax gross-up and indemnities) or Clause 13 (Tax Gross Up and Indemnities), Clause 14 (Increased Costscosts) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) above does not in any way limit the obligations of the Borrower any Obligor under the Finance Documents.
Appears in 2 contracts
Sources: Term Loan Facility Agreement (DHT Holdings, Inc.), Term Loan Facility Agreement (DHT Holdings, Inc.)
Mitigation. (a) Each Finance Party shall, in consultation with the BorrowerBorrowers, take all reasonable but commercially prudent steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 (Illegality), Clause 13 11 (Tax Gross Up and Indemnities), ) or Clause 14 12 (Increased Costs) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) above does not in any way limit the obligations of the Borrower any Transaction Obligor under the Finance Documents.
Appears in 2 contracts
Sources: Term Loan Facility (United Maritime Corp), Facility Agreement (United Maritime Corp)
Mitigation. (a) Each Finance Party shall, in consultation with the BorrowerCompany, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant tounder, or cancelled pursuant to, any of Clause 7.1 9.1 (Illegality), Clause 13 14 (Tax Gross Gross-Up and Indemnities), ) or Clause 14 15 (Increased Costs) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) above does not in any way limit the obligations of the Borrower any Obligor under the Finance Documents.
Appears in 2 contracts
Sources: Term Facilities and Revolving Credit Agreement (SGL Carbon Aktiengesellschaft), Term Facilities and Revolving Credit Agreement (SGL Carbon Aktiengesellschaft)
Mitigation. (a) Each Finance Party shall, in consultation with the Borrower, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 (Illegality), Clause 12 (Tax gross-up and indemnities) or Clause 13 (Tax Gross Up and Indemnities), Clause 14 (Increased Costscosts) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) above does not in any way limit the obligations of the Borrower any Obligor or BHL under the Finance Documents.
Appears in 2 contracts
Sources: Facility Agreement (Bristow Group Inc.), Facility Agreement (Bristow Group Inc.)
Mitigation. (a) Each Finance Party shall, in consultation with the BorrowerParent, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 8.1 (Illegality), Clause 13 (Tax Gross Up gross-up and Indemnities), indemnities) or Clause 14 (Increased Costs) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) above does not in any way limit the obligations of the Borrower any Obligor under the Finance Documents.
Appears in 2 contracts
Sources: Bridge and Term Facilities Agreement (Magnum Ice Cream Co B.V.), Bridge and Term Facilities Agreement (Magnum Ice Cream Co B.V.)
Mitigation. (a) Each Finance Party shall, in consultation with the BorrowerBorrowers, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 (Illegality), Clause 13 12 (Tax Gross Up and Indemnities), ) or Clause 14 13 (Increased Costs) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) above does not in any way limit the obligations of the Borrower any Obligor under the Finance Documents.
Appears in 2 contracts
Sources: Term Loan Facility (Dorian LPG Ltd.), Term Loan Facility (Dorian LPG Ltd.)
Mitigation. (a) Each Finance Party shall, in consultation with the Borrower, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 9.1 (Illegality), Clause 13 14 (Tax Gross Up and Indemnities), ) or Clause 14 15 (Increased Costs) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) above does not in any way limit the obligations of the Borrower under the Finance Documents.
Appears in 2 contracts
Sources: Bridge Facilities Agreement (Compagnie Maritime Belge NV), Bridge Facilities Agreement (Compagnie Maritime Belge NV)
Mitigation. (a) Each Finance Party shall, in consultation with the Borrower, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 8.1 (Illegality), Clause 13 (Tax Gross Up gross-up and Indemnitiesindemnities), or Clause 14 (Increased Costscosts) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) above does not in any way limit the obligations of the Borrower any Primary Obligor under the Finance Documents.
Appears in 2 contracts
Sources: Syndicated Facility Agreement (Equinix Inc), Facility Agreement (Equinix Inc)
Mitigation. (a) 13.1.1 Each Finance Party shall, in consultation with the Borrower, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 10 (Illegality), Clause 13 (Tax Gross Up and Indemnities), Clause 14 11 (Increased Costs) including or Clause 12 (Taxes), including, but not limited to) , transferring its rights and obligations under the Finance Financing Documents to another Affiliate affiliate or Facility Office.
(b) Paragraph (a) above does not in any way limit the obligations of the Borrower under the Finance Documents.
Appears in 2 contracts
Sources: Project Financing Agreement (Mercer International Inc.), Project Financing Agreement (Mercer International Inc.)
Mitigation. (a) Each Finance Party shall, in consultation with the Borrower, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 (IllegalityIllegality and Sanctions), Clause 13 7.2 (Further illegality), Clause 12 (Tax Gross Gross-Up and Indemnities), ) or Clause 14 13 (Increased Costs) ), including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) above does not in any way limit the obligations of the Borrower under the Finance Documents.
Appears in 2 contracts
Sources: Loan Agreement (Norwegian Cruise Line Holdings Ltd.), Loan Agreement (Norwegian Cruise Line Holdings Ltd.)
Mitigation. (a) Each Finance Party shall, shall in consultation with the Borrower, Borrower take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 (Illegality), Clause 13 12 (Tax Gross Gross-Up and Indemnities), ) or Clause 14 13 (Increased Costs) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) above does not in any way limit the obligations of the Borrower under the Finance Documents.
Appears in 2 contracts
Sources: Amendment and Restatement Agreement (Atlas Investissement), Facility Agreement (Atlas Investissement)
Mitigation. (a) Each Finance Party shall, in consultation with the BorrowerCompany, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 11.1 (Illegality), Clause 13 18 (Tax Gross Gross-Up and Indemnities), ) or Clause 14 19.1 (Increased Costscosts) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office..
(b) Paragraph (a) above does not in any way limit the obligations of the Borrower any Obligor under the Finance Documents.
Appears in 2 contracts
Sources: Revolving Facility Agreement (Manchester United PLC), Revolving Facility Agreement (Manchester United PLC)
Mitigation. (a) 15.1.1 Each Finance Party shall, in consultation with the Borrower, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause clause 7.1 (Illegality), Clause clause 12 (Tax gross-up and indemnities) or clause 13 (Tax Gross Up and Indemnities), Clause 14 (Increased Costscosts) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) above 15.1.2 Clause 15.1.1 does not in any way limit the obligations of the Borrower any Obligor under the Finance Documents.
Appears in 2 contracts
Sources: Facility Agreement (Teekay Tankers Ltd.), Facility Agreement (Teekay Tankers Ltd.)
Mitigation. (a) Each Finance Party shall, in consultation with the BorrowerObligors’ Agent, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant tounder, or cancelled pursuant to, any of Clause 7.1 8.1 (Illegality), Clause 13 (Tax Gross Up gross-up and Indemnities), indemnities) or Clause 14 (Increased Costscosts) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) above does not in any way limit the obligations of the Borrower any Obligor under the Finance Documents.
Appears in 2 contracts
Sources: Facilities Agreement (Innospec Inc.), Amendment and Restatement Agreement (Octel Corp)
Mitigation. (a) Each Finance Party shall, in consultation with the Borrower, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 (Illegality), Clause 12 (Tax gross-up and indemnities) or Clause 13 (Tax Gross Up and Indemnities), Clause 14 (Increased Costscosts) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) above does not in any way limit the obligations of the Borrower Company under the Finance Documents.
Appears in 2 contracts
Sources: Facility Agreement (Nordic Telephone CO ApS), Facility Agreement (Nordic Telephone CO ApS)
Mitigation. (a) Each Finance Party shall, in consultation with the Borrower, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 (Illegality), Clause 13 14 (Tax Gross Up gross-up and Indemnities), indemnities) or Clause 14 15 (Increased Costs) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) above does not in any way limit the obligations of the Borrower any Obligor under the Finance Documents.
Appears in 2 contracts
Sources: Facility Agreement (Baring Asia Private Equity Fund v Co-Investment L.P.), Facility Agreement (Giant Interactive Group Inc.)
Mitigation. (a) Each Finance Party shall, in consultation with the Borrower, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant tounder, or cancelled pursuant to, any of Clause 7.1 (Illegality), Clause 13 12 (Tax Gross Up and Indemnities), ) or Clause 14 13 (Increased Costs) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) above does not in any way limit the obligations of the Borrower under the Finance Documents.
Appears in 2 contracts
Sources: Facility Agreement (Chartered Semiconductor Manufacturing LTD), Facility Agreement (Chartered Semiconductor Manufacturing LTD)
Mitigation. (a) Each Finance Party shall, in consultation with the Borrower, take all reasonable steps to mitigate any circumstances which arise and which would result in the Facility ceasing to be available or any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause clause 7.1 (Illegality), Clause clause 13 (Tax Gross Up gross-up and Indemnitiesindemnities), Clause or clause 14 (Increased Costscosts) including (but not limited to) transferring assigning its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) above does not in any way limit the obligations of the Borrower any Obligor under the Finance Documents.
Appears in 2 contracts
Sources: Facility Agreement, Facility Agreement (Danaos Corp)
Mitigation. (a) 17.1.1 Each Finance Party shall, in consultation with the BorrowerCompany, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 (Illegality), Clause 13 14 (Tax Gross Up and Indemnities), ) or Clause 14 15 (Increased Costs) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) 17.1.2 Clause 17.1.1 above does not in any way limit the obligations of the Borrower any Obligor under the Finance Documents.
Appears in 2 contracts
Sources: Revolving Facility Agreement (Sibanye Gold LTD), Revolving Facility Agreement (Sibanye Gold LTD)
Mitigation. (a) Each Finance Party shall, in consultation with the BorrowerCompany, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 (Illegality), Clause 12 (Tax gross-up and indemnities) or Clause 13 (Tax Gross Up and Indemnities), Clause 14 (Increased Costscosts) including (but not limited to) transferring or assigning its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) above does not in any way limit the obligations of the Borrower any Obligor under the Finance Documents.
Appears in 2 contracts
Sources: Facility Agreement (Synnex Corp), Facility Agreement (Synnex Corp)
Mitigation. (a) Each Finance Party shall, in consultation with the BorrowerShareholder, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 10.3 (Illegality), Clause 13 12 (Tax Gross Up Gross-up and Indemnities), ) or Clause 14 14.1 (Increased Costscosts) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) above facility office. This Clause 16.1 does not in any way limit the obligations of the Borrower any Obligor under the Finance Documents.
Appears in 2 contracts
Sources: Facility Agreement (Pangaea Logistics Solutions Ltd.), Facility Agreement (Quartet Holdco Ltd.)
Mitigation. (a) 15.1.1 Each Finance Party shall, in consultation with the Borrower, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause clause 7.1 (Illegality), Clause 13 clause 12 (Tax Gross Up gross-up and Indemnities), Clause 14 indemnities) or clause 13 (Increased Costs) or paragraph 3 of Schedule 6 (Mandatory Cost formulae) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) above does not in any way limit the obligations of the Borrower under the Finance Documents.
Appears in 2 contracts
Sources: Supplemental Agreement (Navigator Holdings Ltd.), Facility Agreement (Navigator Holdings Ltd.)
Mitigation. (a) Each Finance Party shall, in consultation with the BorrowerBorrowers, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 (Illegality), Clause 13 14 (Tax Gross Up gross-up and Indemnities), indemnities) or Clause 14 15 (Increased Costscosts) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) above does not in any way limit the obligations of the Borrower any Obligor under the Finance Documents.
Appears in 2 contracts
Sources: Senior Secured Credit Facilities Agreement, Senior Secured Credit Facilities Agreement (KNOT Offshore Partners LP)
Mitigation. (a) Each Finance Party shall, in consultation with the Borrower, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 (Illegality), Clause 12 (Tax gross up and indemnities) or Clause 13 (Tax Gross Up and Indemnities), Clause 14 (Increased Costscosts) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) above does not in any way limit the obligations of the Borrower under the Finance Documents.
Appears in 2 contracts
Sources: Facility Agreement (TOM Group LTD), Facility Agreement (Tom Online Inc)
Mitigation. (a) Each Finance Party shall, in consultation with the Borrower, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 (Illegality), Clause 13 (Tax Gross Up gross up and Indemnities), indemnities) or Clause 14 (Increased Costs) costs), including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) above does not in any way limit the obligations of the Borrower any Obligor Party under the Finance Documents.
Appears in 2 contracts
Sources: Term Loan Facility Agreement (GDS Holdings LTD), Term Loan Facility Agreement (GDS Holdings LTD)
Mitigation. (a) Each Finance Party shall, in consultation with the BorrowerCompany, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 (Illegality), Clause 13 12 (Tax Gross Up gross-up and Indemnities), indemnities) or Clause 14 13.1 (Increased Costscosts) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) above does not in any way limit the obligations of the Borrower any Obligor under the Finance Documents.
Appears in 2 contracts
Sources: Bond Bridge Facility Agreement (Coca-Cola HBC AG), Bond Bridge Facility Agreement (Coca-Cola HBC AG)
Mitigation. (a) 17.1.1 Each Finance Party shall, in consultation with the Borrower, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 9.1 (Illegality), Clause 13 14 (Tax Gross Up gross-up and Indemnities), indemnities) or Clause 14 15 (Increased Costscosts) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) 17.1.2 Sub-clause 17.1.1 above does not in any way limit the obligations of the Borrower under the Finance Documents.
Appears in 2 contracts
Sources: Borrowing Base Facility Agreement (MIE Holdings Corp), Shares Purchase Agreement (MIE Holdings Corp)
Mitigation. (a) Each Finance Party shall, in consultation with the Borrower, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 7 (Illegality), Clause 13 (Tax Gross Up Voluntary Prepayment and Indemnities), Cancellation) Clause 14 (Tax gross-up and indemnities), or Clause 15 (Increased Costscosts) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) above does not in any way limit the obligations of the Borrower under the Finance Documents.
Appears in 2 contracts
Sources: Facility Agreement (Nordic American Offshore Ltd.), Facility Agreement (Nordic American Offshore Ltd.)
Mitigation. (a) Each Finance Party shall, in consultation with the Borrower, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 (Illegality), Clause 13 10 (Changes to the calculation of interest), 12 (Tax Gross Up gross-up and Indemnities), Clause 14 indemnities) or 13 (Increased Costs) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) above does not in any way limit the obligations of the Borrower under the Finance Documents.
Appears in 2 contracts
Sources: Amendment and Restatement Agreement (Mechel OAO), Amendment and Restatement Agreement (Mechel OAO)
Mitigation. (a) Each Finance Party shall, in consultation with the BorrowerCompany, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 10.1 (Illegality), Clause 13 16 (Tax Gross Up gross-up and Indemnities), Clause 14 indemnities) or 17 (Increased Costs) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) above does not in any way limit the obligations of the Borrower any Obligor under the Finance Documents.
Appears in 2 contracts
Sources: Notes Purchase Agreement (Membership Collective Group Inc.), Notes Purchase Agreement (Membership Collective Group Inc.)
Mitigation. (a) Each Finance Party shall, in consultation with the BorrowerBorrowers, take all reasonable but commercially prudent steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 7.1 (Illegality), Clause 13 11 (Tax Gross Up and Indemnities), ) or Clause 14 12 (Increased Costs) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a(a) above does not in any way limit the obligations of the Borrower any Transaction Obligor under the Finance Documents.
Appears in 2 contracts
Sources: Facility Agreement (United Maritime Corp), Term Loan Facility (Seanergy Maritime Holdings Corp.)
Mitigation. (a) Each Finance Party shall, in consultation with the BorrowerParent, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 12.1 (Illegality), Clause 13 17 (Tax Gross Up gross-up and Indemnities), indemnities) or Clause 14 18 (Increased Costs) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) above does not in any way limit the obligations of the Borrower any Obligor under the Finance Documents.
Appears in 2 contracts
Sources: Revolving Credit Facility Agreement (Magnum Ice Cream Co B.V.), Revolving Credit Facility Agreement (Magnum Ice Cream Co B.V.)
Mitigation. (a) Each Finance Party shall, in consultation with the BorrowerCompany, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 9.1 (Illegality), Clause 13 16 (Tax Gross Up up and Indemnities), ) or Clause 14 16.9 (Increased CostsFATCA Deductions) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) above does not in any way limit the obligations of the Borrower any Obligor under the Finance Documents.
Appears in 2 contracts
Sources: Super Senior Facilities Agreement (Liberty Global PLC), Senior Facilities Agreement (Liberty Global PLC)
Mitigation. (a) Each Finance Party shall, in consultation with the Borrower, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause Clause 7.1 (Illegality), Clause 13 14 (Tax Gross Up gross-up and Indemnities), indemnities) or Clause 14 15 (Increased Costscosts) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) above does not in any way limit the obligations of the Borrower any Obligor under the Finance Documents.
Appears in 2 contracts
Sources: Facility Agreement (WuXi PharmaTech (Cayman) Inc.), Facility Agreement (WuXi PharmaTech (Cayman) Inc.)
Mitigation. (a) Each Finance Party shall, in consultation with the BorrowerCompany, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 8.1 (Illegality), Clause 13 (Tax Gross Up and Indemnities), ) Clause 14 (Increased Costs) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) above does not in any way limit the obligations of the Borrower any Obligor under the Finance Documents.
Appears in 2 contracts
Sources: Multicurrency Revolving Facility Agreement (Markit Ltd.), Multicurrency Revolving Facility Agreement (Tercica Inc)
Mitigation. (a) Each Finance Party shall, in consultation with the BorrowerGuarantor, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 8.1 (Illegality), Clause 13 11 (Tax Gross Up gross-up and Indemnities), indemnities) or Clause 14 12 (Increased Costscosts) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) above does not in any way limit the obligations of the Borrower any Obligor under the Finance Documents.
Appears in 2 contracts
Sources: Facility Agreement (Platinum Underwriters Holdings LTD), Facility Agreement (Platinum Underwriters Holdings LTD)
Mitigation. (a) Each Finance Party shall, in consultation with the Borrower, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 (Illegality), Clause 13 (Tax Gross Up and Indemnities), Clause 14 Increased costs) or paragraph 3 of Schedule 4 (Increased CostsMandatory Cost formulae) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) above does not in any way limit the obligations of the Borrower under the Finance Documents.
Appears in 1 contract
Sources: Term Facility Agreement (Sterlite Industries (India) LTD)
Mitigation. (a) 17.1.1 Each Finance Party shall, in consultation with and the agreement of the Borrower, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 9.1 (Illegality), Clause 13 14 (Tax Gross Up gross-up and Indemnitiesindemnities), Clause 14 15.1 (Increased Costscosts) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) 17.1.2 Clause 17.1.1 above does not in any way limit the obligations of the Borrower under the Finance Documents.
Appears in 1 contract
Sources: Revolving Credit Facility Agreement (Mercer International Inc.)
Mitigation. (a) Each Finance Party shall, in consultation with the Borrower, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause clause 7.1 (Illegality), Clause 13 clause 14 (Tax Gross Up and Indemnities), Clause 14 ) or clause 15 (Increased Costscosts) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (aClause 17.1(a) above does not in any way limit the obligations of the Borrower any Obligor under the Finance Documents.
Appears in 1 contract
Mitigation. (a) Each Finance Party shall, in consultation with the BorrowerObligors’ Agent, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant tounder, or cancelled pursuant to, any of Clause 7.1 9.1 (Illegality), Clause 13 14 (Tax Gross Up gross-up and Indemnities), indemnities) or Clause 14 15 (Increased Costscosts) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) above does not in any way limit the obligations of the Borrower any Obligor under the Finance Documents.
Appears in 1 contract
Sources: Facilities Agreement (Octel Corp)
Mitigation. (a) Each Finance Party shall, in consultation with the BorrowerObligors’ Agent, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant tounder, or cancelled pursuant to, any of Clause 7.1 8.1 (Illegality), Clause 13 (Tax Gross Up gross up and Indemnities), indemnities) or Clause 14 (Increased Costs) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) above does not in any way limit the obligations of the Borrower any Obligor under the Finance Documents.
Appears in 1 contract
Mitigation. (a) Each Finance Party shall, in consultation with the Borrower, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 7.2 (Illegality), Clause 13 11 (Tax Gross Up gross-up and Indemnities), indemnities) or Clause 14 12 (Increased Costscosts) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) above does not in any way limit the obligations of the Borrower any Obligor under the Finance Documents.
Appears in 1 contract
Sources: Facility Agreement (China Shandong Industries, Inc.)
Mitigation. (a) Each Finance Party shall, in consultation with the Borrower, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 (Illegality), Clause 13 12 (Tax Gross Gross-Up and Indemnities), ) or Clause 14 13 (Increased Costs) ), including (but not limited to) in relation to any circumstances which arise following the Signing Date, transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) above does not in any way limit the obligations of the Borrower under the Finance Documents.
Appears in 1 contract
Sources: Facilities Agreement (WEIBO Corp)
Mitigation. (a) Each Finance Party shall, in consultation with the BorrowerBorrowers, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 (Illegality), Clause 13 11 (Tax Gross Up gross-up and Indemnities), Clause 14 (Increased Costsindemnities) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) above does not in any way limit the obligations of the any Borrower under the Finance Documents.
Appears in 1 contract
Mitigation. (a) Each Finance Party shall, in consultation with the Borrower, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 8.1 (Illegality), Clause 13 (Tax Gross Up gross-up and Indemnities), indemnities) or Clause 14 (Increased Costscosts) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) above does not in any way limit the obligations of the Borrower any Obligor under the Finance Documents.
Appears in 1 contract
Sources: Amendment and Restatement Agreement (Discovery Communications, Inc.)
Mitigation. (a) Each Finance Party shall, in consultation with the Borrower, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 (Illegality), Clause 13 11 (Tax Gross Up gross-up and Indemnities), indemnities) or Clause 14 12 (Increased Costs) ), including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) above does not in any way limit the obligations of the Borrower any Obligor under the Finance Documents.
Appears in 1 contract
Sources: Mezzanine Facility Agreement (American Realty Capital Global Trust II, Inc.)
Mitigation. (a) Each Finance Party shall, in consultation with the Borrower, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 clause 8.1 (Illegality), Clause clause 13 (Tax Gross Up gross-up and Indemnitiesindemnities), Clause clause 14 (Increased Costscosts) or paragraph 3 of Schedule 4 (Mandatory Cost Formulae) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) above does not in any way limit the obligations of the Borrower under the Finance Documents.
Appears in 1 contract
Mitigation. (a) Each Finance Party shall, if requested by and in consultation with the Borrower, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under under, or pursuant to, or cancelled pursuant to, any of Clause 7.1 11 (IllegalityTaxes), Clause 13 (Tax Gross Up and Indemnities), Clause 14 12 (Increased Costs) or Clause 13 (Illegality) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) above of this Clause does not in any way limit the obligations of the Borrower any Obligor under the Finance Documents.
Appears in 1 contract
Sources: Credit Facility Agreement (Ship Finance International LTD)
Mitigation. (a) Each Finance Party shall, in consultation with the Borrower, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 7.4 (Illegality), Clause 12 (Tax gross-up and indemnities) or Clause 13 (Tax Gross Up and IndemnitiesIncreased costs), Clause 14 (Increased Costs) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) above does not in any way limit the obligations of the Borrower under the Finance Documents.
Appears in 1 contract
Mitigation. (a) Each Finance Party shall, in consultation with the Borrower, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 (Illegality), 7.2 (Change of Control) or Clause 13 11 (Tax Gross Up gross-up and Indemnities), Clause 14 (Increased Costsindemnities) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) above does not in any way limit the obligations of the Borrower any Obligor under the Finance Documents.
Appears in 1 contract
Mitigation. (a) Each Finance Party shall, in consultation with the BorrowerCompany, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause clause 7.1 (Illegality), Clause clause 11.5 (Security Agent Fee) or clause 13 (Tax Gross Up and Indemnities), Clause 14 (Increased Costs) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (aClause 15.1(a) above does not in any way limit the obligations of the Borrower any Obligor under the Finance Documents.
Appears in 1 contract
Sources: Backstop Facility Agreement
Mitigation. (a) Each Finance Party shall, in consultation with the Borrower, take all reasonable steps to mitigate any circumstances which arise and which would result in all or any part of the Loan ceasing to be available or any amount becoming payable under or pursuant to, or cancelled pursuant to, to any of Clause 7.1 6.1 (Illegality), Clause 13 11 (Tax Gross Up and Indemnities), ) or Clause 14 12 (Increased Costs) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) . The above does not in any way limit the obligations of the Borrower any Security Party under the Finance Documents.
Appears in 1 contract
Mitigation. (a) 15.1.1 Each Finance Party shall, in consultation with the Borrower, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause clause 7.1 (Illegality), Clause 13 clause 12 (Tax Gross Up gross-up and Indemnities), Clause 14 indemnities) or clause 13 (Increased Costs) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) 15.1.2 Clause 15.1.1 above does not in any way limit the obligations of the Borrower under the Finance Documents.
Appears in 1 contract
Mitigation. (a) 19.1.1 Each Finance Party shall, in consultation with the Borrower, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 10.1 (Illegality), Clause 13 16 (Tax Gross Up Gross-up and Indemnities) or Clause 17 (Changes in Costs), Clause 14 (Increased Costs) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) 19.1.2 Clause 19.1.1 above does not in any way limit the obligations of the Borrower any Obligor under the Finance Documents.
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Sources: Common Terms Agreement (Net 1 Ueps Technologies Inc)
Mitigation. (a) Each Finance Party shall, in consultation with the Borrower, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 clause 7.1 (Illegality), Clause 13 clause 12 (Tax Gross Up and Indemnities), Clause 14 indemnities) or clause 13 (Increased Costscosts) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (aClause 15.1(a) above does not in any way limit the obligations of the Borrower under the Finance Documents.
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Sources: Sterling Term Facility Agreement (American Realty Capital Global Trust, Inc.)
Mitigation. (a) Each Finance Party shall, in consultation with the BorrowerCompany, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 (Illegality), Clause 13 11 (Tax Gross Up Gross-up and Indemnities), ) or Clause 14 12 (Increased Costs) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (aClause 14.1(a) above does not in any way limit the obligations of the Borrower Company under the Finance Documents.
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Sources: Term Facility Agreement
Mitigation. (a) Each Finance Party shall, in consultation with the Borrower, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause clause 7.1 (Illegality), Clause clause 12 (Tax gross-up and indemnities) or clause 13 (Tax Gross Up and Indemnities), Clause 14 (Increased Costscosts) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph Sub-clause (a) above does not in any way limit the obligations of the Borrower under the Finance Documents.
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Mitigation. (a) 15.1.1 Each Finance Party shall, in consultation with the Borrower, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 (Illegality), Clause 13 12.1 (Tax Gross Up gross-up and Indemnities), indemnities) or Clause 14 13 (Increased Costs) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) 15.1.2 Sub-clause 15.1.1 above does not in any way limit the obligations of the Borrower under the Finance Documents.
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Sources: Revolving Facility Agreement
Mitigation. (a1) Each Finance Party shall, in consultation with the Borrower, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 clause 10.3(1) (Illegality), Clause 13 clause 14 (Tax Gross Up gross up and Indemnitiesindemnities) or clause 15 (Increased costs), Clause 14 (Increased Costs) including (but not limited to) to transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b2) Paragraph (aClause 17.1(1) above does not in any way limit the obligations of the Borrower any Obligor under the Finance Documents.
Appears in 1 contract
Sources: Revolving Credit Facility Agreement (Harmony Gold Mining Co LTD)
Mitigation. (a) Each Finance Party shall, in consultation with the Borrower, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause clause 7.1 (Illegality), Clause clause 12 (Tax gross-up and indemnities) or clause 13 (Tax Gross Up and Indemnities), Clause 14 (Increased Costscosts) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) above does not in any way limit the obligations of the Borrower any Obligor under the Finance Documents.
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Sources: Secured Revolving Facility Agreement (Klondex Mines LTD)
Mitigation. (a) Each Finance Party shall, in consultation with the BorrowerObligors, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 8.1 (Illegality), Clause 13 (Tax Gross Up gross-up and Indemnitiesindemnities), Clause 14 (Increased Costscosts) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) above does not in any way limit the obligations of the Borrower any Obligor under the Finance Documents.
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Mitigation. (a) Each Finance Party shall, in consultation with the Borrower, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 (Illegality), Clause 13 clause 12 (Tax Gross Up gross up and Indemnities), Clause 14 indemnities) or clause 13 (Increased Costs) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (aClause 15.1(a) above does not in any way limit the obligations of the Borrower under the Finance Documents.
Appears in 1 contract
Mitigation. (a) Each Finance Party shall, in consultation with the Borrower, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 (Illegality), Clause 13 clause 12 (Tax Gross Up gross-up and Indemnities), Clause 14 indemnities) or clause 13 (Increased Costs) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (aClause 15.1(a) above does not in any way limit the obligations of the Borrower under the Finance Documents.
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Mitigation. (a) 17.1.1 Each Finance Party shall, in consultation with the Borrower, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 9.1 (Illegality), Clause 13 14 (Tax Gross Up gross-up and Indemnities), indemnities) or Clause 14 15 (Increased Costscosts) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) 17.1.2 Sub-clause 17.1.1 above does not in any way limit the obligations of the Borrower any Obligor under the Finance Documents.
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Mitigation. (a) 15.1.1 Each Finance Party shall, in consultation with the BorrowerBorrowers, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause clause 7.1 (Illegality), Clause clause 12 (Tax gross-up and indemnities) or clause 13 (Tax Gross Up and Indemnities), Clause 14 (Increased Costscosts) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) above 15.1.2 Clause 15.1.1 does not in any way limit the obligations of the Borrower any Obligor under the Finance Documents.
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Mitigation. (a) 117. Each Finance Party shall, in consultation with the BorrowerCompany, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 7.1 9.1 (Illegality), Clause 12 (Tax grossup and indemnities) or Clause 13 (Tax Gross Up and Indemnities), Clause 14 (Increased Costscosts) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) . 118. Paragraph (a) above does not in any way limit the obligations of the Borrower any Obligor under the Finance Documents.
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