Obligation of Lender to Mitigate. Each Lender agrees that, as promptly as practicable after the officer of such Lender responsible for administering the Loans becomes aware of the occurrence of an event or the existence of a condition that would entitle such Lender to (x) become an Affected Lender, (y) receive payments under Section 2.12.1, or (z) require Borrower to make payments under Section 2.12.2, it will, to the extent not inconsistent with its formally-adopted internal policies of general application and any applicable legal or regulatory restrictions, use reasonable efforts to (i) maintain the Loans or interest of such Lender through another lending office of such Lender, or (ii) take such other measures as such Lender may deem reasonable, if as a result thereof the effect of the matters described in clauses (x), (y) and (z) above would be materially reduced and if, as determined by such Lender in its reasonable judgment, the making, funding or maintaining of the Loans through such other lending office or in accordance with such other measures, as the case may be, would not otherwise materially adversely affect the Loans or the interests of such Lender; provided, however, if that such Lender will not be obligated to utilize such other lending office pursuant to this Section unless Borrower agrees to pay all incremental expenses incurred by such Lender as a result of utilizing such other lending office as described in clause (i) above. A certificate as to the amount of any such expenses payable by Borrower pursuant to this Section 2.12.4 (setting forth in reasonable detail the basis for requesting such amount) submitted by such Lender to Borrower (with a copy to the Agent) shall be conclusive absent manifest error.
Obligation of Lender to Mitigate. (a) Lender agrees that, as promptly as practicable after the officer of Xxxxxx responsible for administering the Loans becomes aware of the occurrence of an event or the existence of a condition that would entitle Lender to receive payments under Section 3.08, 3.103.11 or 3.123.13, it will, to the extent not inconsistent with the internal policies of Lender and any applicable legal or regulatory restrictions, use reasonable efforts (i) to make, issue, fund or maintain the Revolving Commitment or the affected Loans through another lending office of Lender, or (ii) take such other measures as Lender may deem reasonable, if as a result thereof the additional amounts which would otherwise be required to be paid to Lender pursuant to Section 3.08, 3.103.11 or 3.123.13, would be materially reduced and if, as determined by Lender in its sole discretion, the making, issuing, funding or maintaining of such Commitment or Loans through such other lending office or in accordance with such other measures, as the case may be, would not otherwise materially adversely affect such Commitment or Loans or the interests of Lender.
Obligation of Lender to Mitigate. As promptly as reasonably practicable after the officer of Lender responsible for administering the Interim Loan becomes aware of any event or condition that would entitle Lender to receive payments under Section 2.7 above or Section 2.9 below, Lender will use reasonable efforts: (1) to maintain the Interim Loan through another lending office of Lender or (2) take such other measures as Lender may deem reasonable, if as a result thereof, the additional amounts which would otherwise be required to be paid to Lender pursuant to Section 2.7 above or pursuant to Section 2.9 below would be materially reduced or eliminated or the conditions rendering Lender incapable of maintaining a LIBO Rate loan under Section 2.4 above no longer would be applicable, and if, as determined by Lender in its sole discretion, the maintaining of the Interim Loan through such other lending office or in accordance with such other measures, as the case may be, would not otherwise materially adversely affect such the Interim Loan or the interests of Lender.
Obligation of Lender to Mitigate. 32 2.8 Superpriority Nature of Obligations and First Priority Encumbrances. . . . . . . 32 2.9 Joint and Several Liability; Payment Indemnifications . . . . . . . . . . 33 SECTION 3 [RESERVED] . . . . . . . . . . . 34
