No Greater Obligation. Notwithstanding any other provision of this Agreement, if the Loan Participant changes its Facility Office or the Loan Participant assigns or transfers the whole or any part of the Loan or its rights, benefits or obligations under this Agreement and, other than in the case of an assignment or transfer by the Initial Loan Participant, such change, assignment or transfer, as determined on the date of such change, assignment or transfer, would subject the Borrower to any greater obligation or liability under this Agreement or any other Operative Documents than it would have been under on such date if no such change, assignment or transfer had then taken place, then unless such change, assignment or transfer was made at the request of the Borrower in order to mitigate or avoid the requirement for payment of additional amounts or increased costs or after the occurrence and continuation of an Event of Default, the Borrower shall not be obliged to pay any amounts in excess of the amount that it would have been obliged to pay had no change, assignment or transfer then taken place.
Appears in 2 contracts
Samples: Facility Agreement (Hawaiian Holdings Inc), Facility Agreement (Hawaiian Holdings Inc)
No Greater Obligation. Notwithstanding any other provision of this Agreement, if the a Loan Participant changes its Facility Office or the a Loan Participant assigns or transfers the whole or any part of the Loan or its rights, benefits or obligations under this Agreement and, other than in the case of an assignment or transfer by the Initial Loan Participant, and such change, assignment or transfer, as determined on transfer would at the date of such change, assignment or transfer, would transfer subject the Borrower to any greater obligation or liability under this Agreement or any other Operative Documents than it would have been under on such date if no such change, assignment or transfer had then taken place, then unless such change, assignment or transfer was made at the request of the Borrower in order to mitigate or avoid the requirement for payment of additional amounts or increased costs or after the occurrence and continuation of an Event of Default, the Borrower shall not be obliged to pay any amounts in excess of the amount that it would have been obliged to pay had no change, assignment or transfer then taken place.
Appears in 1 contract
No Greater Obligation. Notwithstanding any other provision of this Agreement, if the Loan Participant a Lender changes its Facility Office or Facility Agent changes the Loan Participant office through which it is acting or Facility Agent or a Lender assigns or transfers the whole or any part of the any Loan or its rights, benefits or obligations under this Agreement and, other than in the case of an assignment or transfer by the Initial Loan Participant, and such change, assignment or transfer, as determined on transfer would at the date of such change, assignment or transfer, would transfer subject the Borrower to any greater obligation or liability under this Agreement or any other Operative Documents than it would have been under on such date if no such change, assignment or transfer had then taken place, then unless such change, assignment or transfer was made at the request of the Borrower in order to mitigate or avoid the requirement for payment of additional amounts or increased costs or after the occurrence and continuation of an Event of Default, the Borrower shall not be obliged to pay any amounts in excess of the amount that it would have been obliged to pay had no change, assignment or transfer then taken place.
Appears in 1 contract
Samples: Facility Agreement (Atlas Air Worldwide Holdings Inc)