Mitigation. (a) Each Finance Party shall, in consultation with the Company, 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 8.1 (Illegality), Clause 13 (Tax gross-up and indemnities), Clause 14 (Increased costs) 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 any Obligor under the Finance Documents.
Appears in 8 contracts
Samples: Term Loan Facilities Agreement, Term Loan Facilities Agreement (Linde AG), Facility Agreement (Best Buy Co Inc)
Mitigation. (a) Each Finance Party shall, in consultation with the Company, 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 8.1 (Illegality), Clause 13 (Tax gross-up and indemnities), ) or Clause 14 (Increased costs) 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 any Obligor under the Finance Documents.
Appears in 8 contracts
Samples: Multicurrency Term and Revolving Facilities Agreement (Xstrata PLC), Multicurrency Term and Revolving Facilities Agreement (Xstrata PLC), Multicurrency Term and Revolving Facilities Agreement (Xstrata PLC)
Mitigation. (a) Each Finance Party shall, in consultation with the Company, 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 8.1 9.1 (Illegality), Clause 13 12 (Tax gross-up and indemnities), ) or Clause 14 13 (Increased costs) 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 any Obligor under the Finance Documents.
Appears in 7 contracts
Samples: Syndicated Loan Agreement (Hillenbrand, Inc.), Syndicated L/G Facility Agreement (Hillenbrand, Inc.), Syndicated Loan Agreement (Hillenbrand, Inc.)
Mitigation. (a) Each Finance Party shall, in consultation with the Company, 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 8.1 9.1 (Illegality), Clause 13 14 (Tax gross-up and indemnities), ) or Clause 14 15 (Increased costs) 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 any Obligor under the Finance Documents.
Appears in 6 contracts
Samples: Debt Bridge Facility Agreement (Xstrata PLC), Debt Bridge Facility Agreement (Xstrata PLC), Debt Bridge Facility Agreement (Xstrata PLC)
Mitigation. (a) Each Finance Party shall, in consultation with the CompanyBorrower, 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 8.1 7.1 (Illegality), Clause 13 12 (Tax gross-up and indemnities), ) or Clause 14 13 (Increased costs) 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 any Obligor under the Finance Documents.
Appears in 6 contracts
Samples: Facility Agreement (Bristow Group Inc.), Facility Agreement (Bristow Group Inc.), Facility Agreement (Bristow Group Inc.)
Mitigation. (a) 16.1.1 Each Finance Party shall, in consultation with the CompanyBorrower, 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 8.1 7.1 (Mandatory prepayment - Illegality), Clause 13 (Tax grossGross-up and indemnities), Indemnities) or Clause 14 (Increased costs) 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 OfficeChanges in Costs).
(b) Paragraph (a) above does not in any way limit the obligations of any Obligor under the Finance Documents.
Appears in 6 contracts
Samples: 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 CompanyBorrower, 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 8.1 7.1 (Illegality), Clause 13 (Tax gross-up Gross Up and indemnitiesIndemnities), Clause 14 (Increased costs) or paragraph 3 of Schedule 4 (Mandatory Cost formulaeCosts) 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 any Obligor the Borrower under the Finance Documents.
Appears in 6 contracts
Samples: Facility Agreement (PT Indosat TBK), Facility Agreement (PT Indosat TBK), Facility Agreement (PT Indosat TBK)
Mitigation. (a) Each Finance Party shall, in consultation with the CompanyBorrower, 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 8.1 7.1 (Illegality), Clause 13 12 (Tax gross-up and indemnities), ) or Clause 14 13 (Increased costs) 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 any Obligor the Borrower under the Finance Documents.
Appears in 5 contracts
Samples: Facility Agreement (Randgold Resources LTD), Senior Secured Facility Agreement (Aluminum Corp of China), Facility Agreement (Aluminum Corp of China)
Mitigation. (a) 15.1.1 Each Finance Party shall, in consultation with the CompanyBorrower, 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 8.1 12 (Illegality), Clause 13 (Tax gross-up and indemnities), Increased Costs) or Clause 14 (Increased costs) or paragraph 3 of Schedule 4 (Mandatory Cost formulae) 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 any Obligor under the Finance Documents.
Appears in 5 contracts
Samples: 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 CompanyBorrower, 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 8.1 7.1 (Illegality), Clause 13 12 (Tax gross-up and indemnities), ) or Clause 14 13.1 (Increased costs) 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 any Obligor the Borrower under the Finance Documents.
Appears in 5 contracts
Samples: Facility Agreement (Mobile Telesystems Ojsc), Facility Agreement (MTS Inc), Facility Agreement (Mobile Telesystems Ojsc)
Mitigation. (a) Each Finance Party shall, in consultation with the Company, 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 8.1 7.1 (Illegality), Clause 13 14 (Tax gross-up Gross Up and indemnities), Indemnities) or Clause 14 15 (Increased costs) or paragraph 3 of Schedule 4 (Mandatory Cost formulaeCosts) 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 any Obligor under the Finance Documents.
Appears in 4 contracts
Samples: Facilities Agreement (StarTek, Inc.), Facilities Agreement (StarTek, Inc.), Facilities Agreement (StarTek, Inc.)
Mitigation. (a) Each Finance Party shall, in consultation with the Company, 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 8.1 9.1 (Illegality), Clause 13 14 (Tax gross-up and indemnities), ) or Clause 14 15 (Increased costs) or paragraph 3 of Schedule 4 (Mandatory Cost formulaeCosts) 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 any Obligor under the Finance Documents.
Appears in 4 contracts
Samples: 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 Company, 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 8.1 9.1 (Illegality), Clause 13 16 (Tax gross-up and indemnities), ) or Clause 14 17 (Increased costs) or paragraph 3 of Schedule 4 (Mandatory Cost formulaeCosts) 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 any Obligor under the Finance Documents.
Appears in 4 contracts
Samples: Revolving Facility Agreement (Nord Anglia Education, Inc.), Amendment and Restatement Agreement (Nord Anglia Education, Inc.), Amendment and Restatement Agreement (Nord Anglia Education, Inc.)
Mitigation. (a) Each Finance Party shall, in consultation with the Company, 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 8.1 (Illegality), Clause 13 (Tax gross-up and indemnities), ) or Clause 14 (Increased costs) 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 any Obligor under the Finance Documents.
Appears in 4 contracts
Samples: Multicurrency Revolving Facility Agreement (H Lundbeck a S), Multicurrency Revolving Facilities Agreement (Gallaher Group PLC), Facilities Agreement (Analex Corp)
Mitigation. (a) Each Finance Party shall, in consultation with the CompanyBorrowers, 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 8.1 7.1 (Illegality), Clause 13 12 (Tax gross-up and indemnities), ) or Clause 14 13 (Increased costs) or paragraph 3 of Schedule 4 (Mandatory Cost formulaeCosts) 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 any Obligor under the Finance Documents.
Appears in 4 contracts
Samples: 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 Company, 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 8.1 7.1 (Illegality), Clause 13 12 (Tax gross-up and indemnities), ) or Clause 14 13 (Increased costs) or paragraph 3 of Schedule 4 (Mandatory Cost formulaeCosts) 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 any Obligor under the Finance Documents.
Appears in 3 contracts
Samples: Revolving Senior Secured Credit Facility Agreement (Gold Fields LTD), Facility Agreement (Solutia Inc), Facility Agreement (Solutia Inc)
Mitigation. (a) Each Finance Party shall, in consultation with the Company, 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 8.1 clause 10.1 (Illegality), Clause 13 clause 17 (Tax gross-gross up and indemnities), Clause 14 clause 18 (Increased costs) 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 (aClause 20.1(a) above does not in any way limit the obligations of any Obligor under the Finance Documents.
Appears in 3 contracts
Samples: 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 CompanyBorrower, 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 8.1 (Illegality), Clause 13 10 (Tax gross-up and indemnities), ) or Clause 14 11 (Increased costs) 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 of this Clause 13.1 does not in any way limit the obligations of any Obligor under the Finance Documents.
Appears in 3 contracts
Samples: 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 CompanyObligors’ 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 8.1 7.1 (Illegality), Clause 13 (Tax gross-gross up and indemnities), ) or Clause 14 (Increased costs) 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 any Obligor Party under the Finance Documents.
Appears in 3 contracts
Samples: 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 Company, take all reasonable steps to mitigate any circumstances which arise and which would result in any facility ceasing to be available or any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 8.1 clause 9.1 (Illegality), Clause 13 clause 15 (Tax gross-up and indemnities), Clause 14 ) or clause 16 (Increased costsCosts) or paragraph 3 of Schedule 4 (Mandatory Cost formulaeformula) 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 any Obligor under the Finance Documents.
Appears in 3 contracts
Samples: Amendment and Restatement Agreement (Aegean Marine Petroleum Network Inc.), Amendment and Restatement Agreement (Aegean Marine Petroleum Network Inc.), Borrowing Base Facility Agreement (Aegean Marine Petroleum Network Inc.)
Mitigation. (a) Each Finance Party shall, in consultation with the Company, 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 8.1 (Illegality), Clause 13 (Tax gross-up and indemnities), ) or Clause 14 (Increased costs) 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 any Obligor under the Finance Documents.
Appears in 3 contracts
Samples: Amendment Agreement (Coca-Cola HBC AG), Multicurrency Revolving Credit Facility Agreement (Misys PLC), Facility Agreement (Inveresk Research Group Inc)
Mitigation. (a) Each Finance Party shall, in consultation with the CompanyBorrowers, 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 8.1 7.3 (Illegality), Clause 13 12 (Tax gross-up and indemnities), ) or Clause 14 13 (Increased costs) 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 any Obligor under the Finance Documents.
Appears in 3 contracts
Samples: 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 CompanyBorrower, 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 8.1 7.1 (Illegality), Clause 13 12 (Tax gross-up Gross Up and indemnitiesIndemnities), Clause 14 13 (Increased costsCosts) or paragraph 3 (a) of Schedule 4 Clause 14.3 (Mandatory Cost formulae) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility OfficeCost).
(b) Paragraph (a) above does not in any way limit the obligations of any Transaction Obligor under the Finance Documents.
Appears in 3 contracts
Samples: 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 CompanyBorrower, 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 8.1 7.1 (Illegality), Clause 13 12 (Tax gross-gross up and indemnities), ) or Clause 14 13 (Increased costs) 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 any Obligor the Borrower under the Finance Documents.
Appears in 2 contracts
Samples: Facility Agreement (TOM Group LTD), Facility Agreement (Tom Online Inc)
Mitigation. (a) Each Finance Party shall, in consultation with the Company, 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 8.1 9.1 (Illegality), Clause 13 14 (Tax grossGross-up Up and indemnities), Indemnities) or Clause 14 15 (Increased costs) or paragraph 3 of Schedule 4 (Mandatory Cost formulaeCosts) 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 any Obligor under the Finance Documents.
Appears in 2 contracts
Samples: 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 CompanyBorrower, 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 8.1 (Illegality), Clause 13 (Tax gross-up and indemnities), ) or Clause 14 (Increased costs) or paragraph 3 of Schedule 4 (Mandatory Cost formulaeCosts) 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 any Obligor under the Finance Documents.
Appears in 2 contracts
Samples: Single Currency 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 CompanyBorrower, 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 8.1 7.1 (Illegality), Clause 13 12 (Tax gross-up and indemnities), Clause 14 13 (Increased costsCosts) or paragraph 3 of Schedule 4 (Mandatory Cost formulaeFormula) 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 any Obligor under the Finance Documents.
Appears in 2 contracts
Samples: Debtor in Possession Credit Agreement (Eagle Bulk Shipping Inc.), Credit Agreement (Eagle Bulk Shipping Inc.)
Mitigation. (a) Each Finance Party shall, in consultation with the Company, 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 8.1 (Illegality), Clause 13 11 (Tax gross-up and indemnitiesTaxes), Clause 14 12 (Tax Receipts) or Clause 13 (Increased costs) 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 any Obligor the Company under the Finance Documents.
Appears in 2 contracts
Samples: 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) 16.1.1 Each Finance Party shall, in consultation with the Company, take all reasonable steps to mitigate any circumstances which arise and which would result in a Facility ceasing to be available or any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 8.1 (IllegalityMandatory Prepayment - illegality), Clause 13 (Tax grossGross-up and indemnities), Indemnities) or Clause 14 (Increased costs) 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 OfficeCosts).
(b) Paragraph (a) above does not in any way limit the obligations of any Obligor under the Finance Documents.
Appears in 2 contracts
Samples: Facilities Agreement (MiX Telematics LTD), Facilities Agreement (PowerFleet, Inc.)
Mitigation. (a) Each Finance Party shall, in consultation with the Company, 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 8.1 (Illegality), Clause 13 (Tax gross-up Gross Up and indemnities), Indemnities) Clause 14 (Increased costs) or paragraph 3 of Schedule 4 (Mandatory Cost formulaeCosts) 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 any Obligor under the Finance Documents.
Appears in 2 contracts
Samples: Multicurrency Revolving Facility Agreement (Markit Ltd.), Multicurrency Revolving Facility Agreement (Tercica Inc)
Mitigation. (a) Each Finance Party shall, in consultation with the CompanyBorrower, 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 8.1 (Illegality), Clause 13 15 (Tax gross-up and indemnities) or Clause 16 (Increased Costs), Clause 14 (Increased costs) 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 any Obligor under the Finance Documents.
Appears in 2 contracts
Samples: 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 CompanyBorrower, 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 8.1 7.3 (Illegality), Clause 13 12 (Tax gross-up and indemnities), ) or Clause 14 13 (Increased costs) 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 any Obligor under the Finance Documents.
Appears in 2 contracts
Samples: Term Loan Facility Agreement (DHT Holdings, Inc.), Term Loan Facility Agreement (DHT Holdings, Inc.)
Mitigation. (a) Each Finance Party shall, in consultation with the Company, 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 8.1 9.1 (Illegality), Clause 13 16 (Tax gross-Gross up and indemnities), Clause 14 (Increased costsIndemnities) or paragraph 3 of Schedule 4 Clause 16.9 (Mandatory Cost formulaeFATCA 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 any Obligor under the Finance Documents.
Appears in 2 contracts
Samples: Senior Facilities Agreement (Liberty Global PLC), Super Senior Facilities Agreement (Liberty Global PLC)
Mitigation. (aA) Each Finance Party shall, in consultation with the CompanyBorrower, 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 8.1 7.1 (Illegality), ) or Clause 13 11 (Tax gross-up and indemnities), Clause 14 (Increased costs) 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 OfficeAffiliate.
(bB) Paragraph (aClause 14.1(A) above does not in any way limit the obligations of any Obligor under the Finance Documents.
Appears in 2 contracts
Samples: Term Facility Agreement (Rockley Photonics Holdings LTD), Support Letter (Rockley Photonics Holdings LTD)
Mitigation. (a) Each Finance Party shall, in consultation with the Company, 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 8.1 (Illegality), Clause 13 (Tax gross-up and indemnitiesup), Clause 14 (Increased costs) 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 any Obligor under the Finance Documents.
Appears in 2 contracts
Samples: Multicurrency Revolving Facility Agreement (Wolseley PLC), Multicurrency Revolving Facility Agreement (Wolseley PLC)
Mitigation. (a) Each Finance Party shall, in consultation with the CompanyBorrower, 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 8.1 8.1 (Illegality), Clause 13 13 (Tax gross-gross up and indemnities), ) or Clause 14 14 (Increased costs) 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 any Obligor under the Finance Documents.
Appears in 2 contracts
Samples: Facility Agreement (NorthStar Healthcare Income, Inc.), Facility Agreement (Northstar Realty Finance Corp.)
Mitigation. (a) Each Finance Party shall, in consultation with the CompanyBorrower, 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 8.1 9.1 (Illegality), Clause 13 14 (Tax gross-up Gross Up and indemnities), Indemnities) or Clause 14 15 (Increased costs) or paragraph 3 of Schedule 4 (Mandatory Cost formulaeCosts) 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 any Obligor the Borrower under the Finance Documents.
Appears in 2 contracts
Samples: Bridge Facilities Agreement (Compagnie Maritime Belge NV), Bridge Facilities Agreement (Compagnie Maritime Belge NV)
Mitigation. (a) Each Finance Party shall, in consultation with the Company, 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 8.1 (Illegality), Clause 13 (Tax gross-up and indemnities), or Clause 14 (Increased costs) 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 any Primary Obligor under the Finance Documents.
Appears in 2 contracts
Samples: Syndicated Facility Agreement (Equinix Inc), Facility Agreement (Equinix Inc)
Mitigation. (a) 16.1.1 Each Finance Party shall, in consultation with the CompanyBorrower, 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 8.1 (Illegality), Clause 13 (Tax gross-up and indemnities), ) or Clause 14 (Increased costs) 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 any Obligor under the Finance Documents.
Appears in 2 contracts
Samples: Term and Revolving Credit Facilities Agreement, Term and Revolving Credit Facilities Agreement (Sibanye Gold LTD)
Mitigation. (a) Each Finance Party shall, in consultation with the Company, 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 8.1 10.1 (Illegality), Clause 13 16 (Tax gross-up and indemnities), Clause 14 ) or 17 (Increased costs) or paragraph 3 of Schedule 4 (Mandatory Cost formulaeCosts) 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 any Obligor under the Finance Documents.
Appears in 2 contracts
Samples: Notes Purchase Agreement (Membership Collective Group Inc.), Notes Purchase Agreement (Membership Collective Group Inc.)
Mitigation. (a) Each Finance Party shall, in consultation with the CompanyBorrowers, 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 8.1 7.1 (Illegality), Clause 12 (Tax Gross Up and Indemnities) or Clause 13 (Tax gross-up and indemnities), Clause 14 (Increased costs) or paragraph 3 of Schedule 4 (Mandatory Cost formulaeCosts) 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 any Obligor under the Finance Documents.
Appears in 2 contracts
Samples: Term Loan Facility (Dorian LPG Ltd.), Term Loan Facility (Dorian LPG Ltd.)
Mitigation. (a) Each Finance Party shall, in consultation with the Company, 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 8.1 9.1 (Illegality), ) or Clause 13 16 (Tax gross-Gross up and indemnities), Clause 14 (Increased costs) or paragraph 3 of Schedule 4 (Mandatory Cost formulaeIndemnities) 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 any Obligor under the Finance Documents.
Appears in 2 contracts
Samples: Amendment and Restatement Agreement (Liberty Global PLC), Amendment and Restatement Agreement (Liberty Global PLC)
Mitigation. (a) Each Finance Party shall, in consultation with the CompanyBorrowers, 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 8.1 7.1 (Illegality), Clause 13 11 (Tax gross-up Gross Up and indemnities), Indemnities) or Clause 14 12 (Increased costs) or paragraph 3 of Schedule 4 (Mandatory Cost formulaeCosts) 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 any Transaction Obligor under the Finance Documents.
Appears in 2 contracts
Samples: Facility Agreement (United Maritime Corp), Term Loan Facility (Seanergy Maritime Holdings Corp.)
Mitigation. (a) Each Finance Party shall, in consultation with the CompanyGuarantor, 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 8.1 (Illegality), Clause 13 11 (Tax gross-up and indemnities), ) or Clause 14 12 (Increased costs) 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 any Obligor under the Finance Documents.
Appears in 2 contracts
Samples: Facility Agreement (Platinum Underwriters Holdings LTD), Facility Agreement (Platinum Underwriters Holdings LTD)
Mitigation. (a) Each Finance Party shall, in consultation with the CompanyObligors’ 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 8.1 9.1 (Illegality), Clause 13 14 (Tax gross-up and indemnities), ) or Clause 14 15 (Increased costs) 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 any Obligor under the Finance Documents.
Appears in 2 contracts
Samples: Facility Agreement (InterXion Holding N.V.), Facility Agreement (InterXion Holding N.V.)
Mitigation. (a) 15.1.1 Each Finance Party shall, in consultation with the CompanyBorrower, 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 8.1 clause 7.1 (Illegality), Clause 13 clause 12 (Tax gross-up and indemnities), Clause 14 ) or clause 13 (Increased costsCosts) or paragraph 3 of Schedule 4 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 any Obligor under the Finance Documents.
Appears in 2 contracts
Samples: Supplemental Agreement (Navigator Holdings Ltd.), Facility Agreement (Navigator Holdings Ltd.)
Mitigation. (a) Each Finance Party shall, in consultation with the CompanyBorrowers, 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 8.1 7.1 (Illegality), Clause 13 14 (Tax gross-up and indemnities), ) or Clause 14 15 (Increased costs) 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 any Obligor under the Finance Documents.
Appears in 2 contracts
Samples: Senior Secured Credit Facilities Agreement, Senior Secured Credit Facilities Agreement (KNOT Offshore Partners LP)
Mitigation. (a) Each Finance Party shall, in consultation with the CompanyBorrower, 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 8.1 7.1 (Illegality), Clause 13 12 (Tax gross-up and indemnities), ) or Clause 14 13 (Increased costs) 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 any Obligor or BHL under the Finance Documents.
Appears in 2 contracts
Samples: Facility Agreement (Bristow Group Inc.), Facility Agreement (Bristow Group Inc.)
Mitigation. (a) Each Finance Party shall, in consultation with the Company, 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 8.1 7.1 (Illegality), Clause 13 12 (Tax gross-up and indemnities), ) or Clause 14 13 (Increased costs) or paragraph 3 of Schedule 4 (Mandatory Cost formulae) 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 any Obligor under the Finance Documents.
Appears in 2 contracts
Samples: Facility Agreement (Synnex Corp), Facility Agreement (Synnex Corp)
Mitigation. (a) Each Finance Party shall, in consultation with the Company, 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 8.1 9.1 (Illegality), Clause 13 14 (Tax gross-up and indemnities), ) or Clause 14 15 (Increased costs) 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 any Obligor under the Finance Documents.
Appears in 2 contracts
Samples: Amendment and Restatement Agreement (Cboe Global Markets, Inc.), Amendment and Restatement Agreement (Cboe Global Markets, Inc.)
Mitigation. (a) Each Finance Party shall, shall in consultation with the Company, 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 8.1 7.1 (Illegality), Clause 12 (Tax Gross-Up and Indemnities) or Clause 13 (Tax gross-up and indemnities), Clause 14 (Increased costs) or paragraph 3 of Schedule 4 (Mandatory Cost formulaeCosts) 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 any Obligor the Borrower under the Finance Documents.
Appears in 2 contracts
Samples: Amendment and Restatement Agreement (Atlas Investissement), Facility Agreement (Atlas Investissement)
Mitigation. (a) Each Finance Party shall, in consultation with the CompanyBorrower, 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 8.1 7.1 (Illegality), Clause 13 12 (Tax gross-up and indemnities), ) or Clause 14 13.1 (Increased costs) or paragraph 3 of Schedule 4 (Mandatory Cost formulaeCosts) 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 any Obligor the Borrower under the Finance Documents.
Appears in 2 contracts
Samples: Facility Agreement (Lillian Acquisition, Inc.), Facility Agreement (Mobile Telesystems Ojsc)
Mitigation. (a) Each Finance Party shall, in consultation with the Company, 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 8.1 11.1 (Illegality), Clause 13 18 (Tax grossGross-up Up and indemnities), Indemnities) or Clause 14 19.1 (Increased costs) 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 any Obligor under the Finance Documents.
Appears in 2 contracts
Samples: Revolving Facility Agreement (Manchester United PLC), Revolving Facility Agreement (Manchester United PLC)
Mitigation. (a) Each Finance Party shall, in consultation with the CompanyBorrower, 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 8.1 clause 7.1 (Illegality), Clause clause 13 (Tax gross-up and indemnities), Clause or clause 14 (Increased costs) or paragraph 3 of Schedule 4 (Mandatory Cost formulae) 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 any Obligor under the Finance Documents.
Appears in 2 contracts
Samples: Facility Agreement, Facility Agreement (Danaos Corp)
Mitigation. (a) Each Finance Party shall, in consultation with the CompanyBorrower, 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 8.1 7.1 (Illegality), Clause 13 12 (Tax gross-up and indemnities), ) or Clause 14 13 (Increased costs) 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 any Obligor the Company under the Finance Documents.
Appears in 2 contracts
Samples: Facility Agreement (Nordic Telephone CO ApS), Facility Agreement (Nordic Telephone CO ApS)
Mitigation. (aA) Each Finance Party shall, in consultation with the Company, take use all reasonable steps endeavours to mitigate or remove any circumstances which arise and which would result in any facility ceasing to be available or any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 8.1 clause 8.2 (Illegality), Clause 13 clause 13.2 (Tax gross-up and indemnitiesup), Clause 14 clause 14.1 (Increased costs) 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 any Obligor under the Finance Documents.clause
Appears in 2 contracts
Samples: Revolving Credit Facility Agreement (Kosmos Energy Ltd.), Revolving Credit Facility Agreement (Kosmos Energy Ltd.)
Mitigation. (a) Each Finance Party shall, in consultation with the CompanyBorrower, 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 8.1 7.1 (Illegality), Clause 13 14 (Tax gross-up and indemnities), ) or Clause 14 15 (Increased costs) or paragraph 3 of Schedule 4 (Mandatory Cost formulaeCosts) 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 any Obligor under the Finance Documents.
Appears in 2 contracts
Samples: 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 Company, 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 8.1 (Illegality), Clause 13 (Tax gross-gross up and indemnities), Clause 14 (Increased costs) 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 any Obligor under the Finance Documents.
Appears in 2 contracts
Samples: Senior Revolving Credit Facility Agreement, Senior Revolving Credit Facility Agreement (Logitech International Sa)
Mitigation. (a) Each Finance Party shall, in consultation with the CompanyBorrower, 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 8.1 7.1 (Illegality), Clause 13 14 (Tax gross-gross up and indemnities), ) or Clause 14 15 (Increased costs) or paragraph 3 of Schedule 4 (Mandatory Cost formulaeCosts) 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 any Obligor Loan Party under the Finance Documents.
Appears in 2 contracts
Samples: Syndication and Amendment Agreement (Igate Corp), Facilities Agreement (Igate Corp)
Mitigation. (a) Each Finance Party shall, in consultation with the Company, 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 8.1 7.1 (Illegality), Clause 13 8.5 (Minimum interest), Clause 12 (Tax gross-up and indemnities), ) or Clause 14 13.1 (Increased costs) or paragraph 3 of Schedule 4 (Mandatory Cost formulaeCosts) 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 any Obligor under the Finance Documents.
Appears in 2 contracts
Samples: Squeeze Out Facility Agreement (Coca-Cola HBC AG), Squeeze Out Facility Agreement (Coca-Cola HBC AG)
Mitigation. (a) Each Finance Party shall, in consultation with the CompanyBorrowers, 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 8.1 clause 7.1 (Illegality), Clause 13 clause 12 (Tax gross-up and indemnities), Clause 14 ) or clause 13 (Increased costs) or paragraph 3 of Schedule 4 (Mandatory Cost formulaeCosts) 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 any Obligor under the Finance Documents.
Appears in 2 contracts
Samples: Facility Agreement (Navigator Holdings Ltd.), Loan Agreement (Navigator Holdings Ltd.)
Mitigation. (a) Each Finance Party shall, in consultation with the CompanyBorrower, 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 8.1 7.1 (Illegality), Clause 13 (Tax gross-gross up and indemnities), ) or Clause 14 (Increased costs) 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 any Obligor Party under the Finance Documents.
Appears in 2 contracts
Samples: Term Loan Facility Agreement (GDS Holdings LTD), Term Loan Facility Agreement (GDS Holdings LTD)
Mitigation. (a) Each Finance Party shall, in consultation with the Company, 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 8.1 7.1 (Illegality), Clause 13 12 (Tax gross-up and indemnities), ) or Clause 14 13.1 (Increased costs) 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 any Obligor under the Finance Documents.
Appears in 2 contracts
Samples: Bond Bridge Facility Agreement (Coca-Cola HBC AG), Bond Bridge Facility Agreement (Coca-Cola HBC AG)
Mitigation. (a) Each Finance Party shall, in consultation with the CompanyBorrowers, 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 8.1 7.1 (Illegality), Clause 13 11 (Tax gross-up Gross Up and indemnities), Indemnities) or Clause 14 12 (Increased costs) or paragraph 3 of Schedule 4 (Mandatory Cost formulaeCosts) 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 any Transaction Obligor under the Finance Documents.
Appears in 2 contracts
Samples: Term Loan Facility (United Maritime Corp), Facility Agreement (United Maritime Corp)
Mitigation. (a) Each Finance Party shall, in consultation with the Company, 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 8.1 10.1 (Illegality), Clause 13 15 (Tax gross-up and indemnities), ) or Clause 14 16 (Increased costs) 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 any Obligor under the Finance Documents.
Appears in 2 contracts
Samples: Facilities Agreement (Coca-Cola Hellenic Bottling Co Sa), Term and Revolving Facilities Agreement (Sodexho Alliance S A)
Mitigation. (a) Each Finance Party shall, in consultation with the CompanyBorrower, 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 8.1 clause 7.1 (Illegality), Clause 13 clause 12 (Tax gross-up and indemnities), Clause 14 ) or clause 13 (Increased costs) 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 (aClause 15.1(a) above does not in any way limit the obligations of any Obligor under the Finance Transaction Documents.
Appears in 1 contract
Mitigation. (a) Each Finance Party shall, in consultation with the CompanyBorrower, 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 8.1 7.1 (Illegality), Clause 13 (Tax gross-up and indemnities), ) or Clause 14 (Increased costs) 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 any Obligor the Borrower under the Finance Documents.
Appears in 1 contract
Samples: Facilities Agreement (3SBio Inc.)
Mitigation. (a) Each Finance Party shall, in consultation with the CompanyBorrowers, 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 8.1 7.1 (Illegality), Clause 13 11 (Tax gross-up and indemnities), Clause 14 (Increased costs) 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 any Obligor Borrower under the Finance Documents.
Appears in 1 contract
Mitigation. (a) Each Finance Party shall, in consultation with the CompanyObligors’ 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 8.1 7.1 (Illegality), Clause 13 12 (Tax gross-gross up and indemnities), Clause 14 13 (Increased costsCosts) or paragraph 3 of Schedule 4 (Mandatory Cost formulaeFormulae) 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 any Obligor under the Finance Documents.
Appears in 1 contract
Samples: Facility Agreement (Sappi LTD)
Mitigation. (a) Each Finance Party shall, in consultation with the CompanyBorrower, 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 8.1 7.3 (Illegality), Clause 13 12 (Tax gross-up and indemnities), ) or Clause 14 13 (Increased costs) 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 any Obligor under the Finance Documents.
Appears in 1 contract
Mitigation. (a) Each Finance Party shallmust, in consultation with the Company, 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 being cancelled pursuant to, any of Clause 8.1 12.1 (Mandatory Prepayment – Illegality), Clause 13 17 (Tax gross-up Gross Up and indemnitiesIndemnities), Clause 14 18 (Increased costs) or paragraph 3 of Schedule 4 (Mandatory Cost formulaeCosts) including (but not limited to) without limitation 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 any Obligor under the Finance Documents.
Appears in 1 contract
Samples: Amendment and Restatement Agreement (IHS Holding LTD)
Mitigation. (a) Each Finance Party shall, in consultation with the CompanyBorrower, 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 8.1 clause 7.1 (Illegality), Clause 13 clause 12 (Tax gross-up and indemnities), Clause 14 ) or clause 13 (Increased costs) or paragraph 3 of Schedule 4 (Mandatory Cost formulaeCosts) 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 any Obligor under the Finance Documents.
Appears in 1 contract
Mitigation. (a) Each Finance Party shall, in consultation with the Company, 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 8.1 14.1 (Illegality), Clause 13 19 (Tax gross-up and indemnities), ) or Clause 14 20 (Increased costs) 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(a) above does not in any way limit the obligations of any Obligor under the Finance Documents.
Appears in 1 contract
Samples: Facility Agreement (Linde PLC)
Mitigation. (a) Each Finance Party shall, in consultation with the Company, 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 8.1 clause 10.1 (Illegality), Clause 13 clause 15 (Tax grossGross-up and indemnities), Clause 14 Indemnities) or clause 16 (Increased costs) or paragraph 3 of Schedule 4 (Mandatory Cost formulaeCosts) 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 any Obligor under the Finance Documents.
Appears in 1 contract
Samples: Amendment and Restatement Agreement
Mitigation. (a) Each Finance Party shall, in consultation with the CompanyBorrower, 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 8.1 clause 7.1 (Illegality), Clause 13 clause 14 (Tax gross-up Gross Up and indemnities), Clause 14 Indemnities) or clause 15 (Increased costs) 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 (aClause 17.1(a) above does not in any way limit the obligations of any Obligor under the Finance Documents.
Appears in 1 contract
Mitigation. (a) Each Finance Party shall, in consultation with the Company, 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 8.1 7.1 (Illegality), Clause 13 12 (Tax gross-up Gross Up and indemnities), Indemnities) or Clause 14 13.1 (Increased costs) 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 any Obligor under the Finance Documents.):
Appears in 1 contract
Mitigation. (a) 16.1.1 Each Finance Party shall, in consultation with the CompanyBorrower, 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 8.1 6.1 (Illegality), Clause 13 (Tax gross-up and indemnities), Clause 14 (Increased costs) 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 any Obligor under the Finance Documents.
Appears in 1 contract
Samples: Distribution Agreement (Central European Distribution Corp)
Mitigation. (a) 117. Each Finance Party shall, in consultation with the Company, 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 8.1 9.1 (Illegality), Clause 13 12 (Tax gross-up grossup and indemnities), ) or Clause 14 13 (Increased costs) 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) . 118. Paragraph (a) above does not in any way limit the obligations of any Obligor under the Finance Documents.
Appears in 1 contract
Mitigation. (a) Each Finance Party shall, in consultation with the Company, 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 8.1 7.1 (Illegality), Clause 12 (Tax Gross Up and Indemnities) or Clause 13 (Tax gross-up and indemnities), Clause 14 (Increased costs) or paragraph 3 of Schedule 4 (Mandatory Cost formulaeCosts) 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 any Obligor the Company under the Finance Documents.
Appears in 1 contract
Samples: Super Senior Revolving Facility Agreement (Eagle Bulk Shipping Inc.)
Mitigation. (a) 17.1.1 Each Finance Party shall, in consultation with the CompanyBorrower, 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 8.1 (Illegality), Clause clause 13 (Tax gross-up and indemnities), Clause 14 Indemnities) or clause 15 (Increased costs) or paragraph 3 of Schedule 4 (Mandatory Cost formulaeCosts) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Officean Affiliate.
(b) Paragraph (a) 17.1.2 Clause 17.1.1 above does not in any way limit the obligations of any Obligor the Borrower under the Finance Documents.
Appears in 1 contract
Samples: Revolving Credit Facility Agreement (Net 1 Ueps Technologies Inc)
Mitigation. (a) 17.1.1 Each Finance Party shall, in consultation with the Company, 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 8.1 7.1 (Illegality), Clause 13 14 (Tax gross-up Gross Up and indemnities), Indemnities) or Clause 14 15 (Increased costs) or paragraph 3 of Schedule 4 (Mandatory Cost formulaeCosts) 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 any Obligor under the Finance Documents.
Appears in 1 contract
Samples: Revolving Credit Facility Agreement (Sibanye Stillwater LTD)
Mitigation. (a) Each Finance Party shall, in consultation with the CompanyBorrower, 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 8.1 (Illegality), Clause 13 (Tax gross-up and indemnities), ) or Clause 14 (Increased costs) 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 any Obligor under the Finance Documents.
Appears in 1 contract
Samples: Amendment and Restatement Agreement (Discovery Communications, Inc.)
Mitigation. (a) Each Finance Party shall, in consultation with the Company, 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 8.1 7.1 (Illegality), Clause 13 14 (Tax grossGross-up and indemnitiesUp And Indemnities) or Clause 15 (Increased Costs), Clause 14 (Increased costs) 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 any Obligor under the Finance Documents.
Appears in 1 contract
Samples: Senior Facilities Agreement (Melco PBL Entertainment (Macau) LTD)
Mitigation. (a) Each Finance Party shall, in consultation with the CompanyBorrower, 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 8.1 9.1 (Illegality), Clause 13 14 (Tax gross-up and indemnities), ) or Clause 14 15 (Increased costs) 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 any Obligor the Borrower under the Finance Documents.
Appears in 1 contract
Mitigation. (a) Each Finance Party shall, in consultation with the CompanyBorrower, 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 8.1 7.1 (Illegality), Clause 12 (Tax Gross Up and Indemnities) or Clause 13 (Tax gross-up and indemnities), Clause 14 (Increased costs) or paragraph 3 of Schedule 4 (Mandatory Cost formulaeCosts) 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 any Obligor the Borrower under the Finance Documents.
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Mitigation. (a) Each Finance Party shall, in consultation with the Company, 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 8.1 clause 10.1 (Illegality), Clause 13 clause 17 (Tax gross-gross up and indemnities), Clause 14 clause 18 (Increased costs) or paragraph 3 2 of Schedule schedule 4 (Mandatory Cost formulae) Formula), 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 any Obligor under the Finance Documents.
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Mitigation. (a) Each Finance Party shall, in consultation with the CompanyParent, 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 8.1 (Illegality), Clause 13 clause 15 (Tax gross-up and indemnities), Clause 14 ) or clause 16.1 (Increased costs) 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 (aClause 18.1(a) above does not in any way limit the obligations of any Obligor under the Finance Documents.
Appears in 1 contract
Samples: Revolving Credit Facility Agreement (Enstar Group LTD)
Mitigation. (a) 20.1.1 Each Finance Party shall, in consultation with the Company, 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 8.1 12.1 (Illegality), Clause 13 17 (Tax gross-up and indemnities), Clause 14 18 (Increased costs) or paragraph 3 of Schedule 4 5 (Mandatory Cost formulaeFormulae) including (but not limited to) transferring its rights and obligations under the Finance Documents to another Affiliate or Facility Office.
(b) Paragraph (a) above 20.1.2 Clause 20.1.1 does not in any way limit the obligations of any Obligor under the Finance Documents.
Appears in 1 contract
Samples: Junior Credit Agreement (Endeavour International Corp)
Mitigation. (a) Each Finance Party shall, in consultation with the CompanyBorrower, 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 8.1 (Illegality), Clause 13 clause 12 (Tax gross-gross up and indemnities), Clause 14 ) or clause 13 (Increased costs) or paragraph 3 of Schedule 4 (Mandatory Cost formulaeCosts) 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 any Obligor the Borrower under the Finance Documents.
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Mitigation. (a) Each Finance Party shall, in consultation with the CompanyBorrower, 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 8.1 (Illegality), Clause 13 clause 12 (Tax gross-up and indemnities), Clause 14 ) or clause 13 (Increased costs) or paragraph 3 of Schedule 4 (Mandatory Cost formulaeCosts) 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 any Obligor the Borrower under the Finance Documents.
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Mitigation. (a) 17.1.1 Each Finance Party shall, in consultation with the CompanyBorrower, 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 8.1 7.1 (Illegality), Clause 13 14 (Tax gross-up and indemnities), Clause 14 15 (Increased costs) 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) 17.1.2 Sub-clause 17.1.1 above does not in any way limit the obligations of any Obligor under the Finance Documents.
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Samples: Facility Agreement (Central European Distribution Corp)
Mitigation. (a) Each Finance Party shall, in consultation with the CompanyBorrower, 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 8.1 7.1 (Illegality), Clause 13 (Tax gross-up and indemnities), ) or Clause 14 (Increased costs) 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 any Obligor under the Finance Documents.
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Mitigation. (a) Each Finance Party shall, in consultation with the Company, 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 8.1 7.1 (Illegality), Clause 13 12 (Tax gross-gross up and indemnities), ) or Clause 14 13 (Increased costs) 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 any Obligor under the Finance Documents.
Appears in 1 contract
Samples: Facility Agreement (Delhaize Group)
Mitigation. (a) Each Finance Party shall, in consultation with the CompanyBorrower, 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 8.1 7.1 (Illegality), Clause 13 11 (Tax gross-up and indemnities) or Clause 12 (Increased Costs), Clause 14 (Increased costs) 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 any Obligor under the Finance Documents.
Appears in 1 contract
Samples: Mezzanine Facility Agreement (American Realty Capital Global Trust II, Inc.)
Mitigation. (a) Each Finance Party shall, in consultation with the Company, 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 8.1 7.1 (Illegality), ) or Clause 12 (Tax Gross-Up and Indemnities) or Clause 13 (Tax gross-up and indemnities), Clause 14 (Increased costs) or paragraph 3 of Schedule 4 (Mandatory Cost formulaeCosts) 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 any Obligor Borrower under the Finance Documents.
Appears in 1 contract
Samples: Facilities Agreement
Mitigation. (a) 16.1.1 Each Finance Party shall, in consultation with the Company, take all reasonable steps to mitigate any circumstances which arise and which would result in a Facility ceasing to be available or any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 8.1 (IllegalityMandatory Prepayment - illegality), Clause 13 (Tax gross-Gross- up and indemnities), Indemnities) or Clause 14 (Increased costs) 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 OfficeCosts).
(b) Paragraph (a) 16.1.2 Clause 16.1.1 above does not in any way limit the obligations of any Obligor the Borrowers under the Finance Documents.
Appears in 1 contract
Samples: Facilities Agreement
Mitigation. (a) Each Finance Party shall, in consultation with the CompanyBorrowers, 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 8.1 8.3 (IllegalityMandatory prepayment – illegality), Clause 13 (Tax gross-up and indemnities), ) or Clause 14 (Increased costs) 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 any Obligor under the Finance Documents.
Appears in 1 contract
Samples: Term Loan Facility Agreement (KNOT Offshore Partners LP)
Mitigation. (a) Each Finance Party shallmust, in consultation with the Company, 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 being cancelled pursuant to, any of Clause 8.1 7.1 (Mandatory Prepayment – Illegality), Clause 12 (Tax Gross Up and Indemnities), Clause 13 (Tax gross-up and indemnities), Clause 14 (Increased costs) or paragraph 3 of Schedule 4 (Mandatory Cost formulaeCosts) including (but not limited to) without limitation 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 any Obligor under the Finance Documents.
Appears in 1 contract
Samples: Facility Agreement (IHS Holding LTD)
Mitigation. (a) Each Finance Party shall, in consultation with the CompanyBorrower, 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 8.1 7.1 (Illegality), Clause 13 12 (Tax gross-up and indemnities), Clause 14 13 (Increased costs) 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 any Obligor the Borrower under the Finance Documents.
Appears in 1 contract
Samples: Facility Agreement (PT Indosat TBK)
Mitigation. (a) Each Finance Party shall, in consultation with the Company, 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 8.1 clause 9.1 (Illegality), Clause 13 clause 14 (Tax grossGross-up Up and indemnitiesIndemnities), Clause 14 clause 15 (Increased costsCosts) or paragraph 3 of Schedule schedule 4 (Mandatory Cost formulaeFormulae) 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 any Obligor under the Finance Documents.
Appears in 1 contract
Samples: Multicurrency Revolving Facility Agreement (Reuters Group PLC /Adr/)