Common use of Obligation of Lender to Mitigate Clause in Contracts

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. 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 2.12.2subsection 2.7, it will, to the extent not inconsistent with its formally-adopted the internal policies of general application Lender and any applicable legal or regulatory restrictions, use reasonable efforts to (i) to make, issue, fund or maintain the Loans or interest of such Lender Commitment through another lending office of such Lender, Lender or (ii) take such other measures as such Lender may deem reasonable, if as a result thereof the effect of circumstances which would entitle Lender to receive payments under subsection 2.7 would cease to exist or the matters described in clauses (x), (y) and (z) above additional amounts which would otherwise be required to be paid to Lender pursuant to subsection 2.7 would be materially reduced and if, as determined by such Lender in its reasonable judgmentsole discretion, the making, issuing, funding or maintaining of the Loans such Commitment or Loan 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 such Commitment or Loan or the interests of such Lender; provided, however, if Lender provided that such Lender will not be obligated to utilize such other lending office pursuant to this Section unless Borrower agrees to pay all subsection 2.8 if Lender would incur 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 Borrowers pursuant to this Section 2.12.4 subsection 2.8 (setting forth in reasonable detail the basis for requesting such amount) submitted by such Lender to Borrower Borrowers (with a copy to the Disbursement Agent) shall be conclusive absent manifest error. Lender agrees that it will not request compensation under subsection 2.7 unless Lender requests compensation from borrowers under other lending arrangements with Lender who are similarly situated.

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. 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 2.12.2subsection 2.6, 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) to make, issue, fund or maintain the Commitment of Lender or the affected 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 additional amounts which would otherwise be required to be paid to Lender pursuant to subsection 2.6 would be materially reduced and if, as determined by such Lender in its reasonable judgmentsole discretion, the making, issuing, funding or maintaining of the 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 the such Commitment or Loans or the interests of such Lender; provided, however, if provided that such Lender will not be obligated to utilize such other lending office pursuant to this Section subsection 2.7 unless Borrower agrees Borrowers agree to pay all incremental expenses incurred by such Lender as a result of utilizing such other lending office as described in clause (i) above; provided further that such Lender shall not be obligated to utilize such lending office if it determines in its sole discretion that it is economically disadvantageous to do so. A certificate as to the amount of any such expenses payable by any Borrower pursuant to this Section 2.12.4 subsection 2.7 (setting forth in reasonable detail the basis for requesting such amount) submitted by such Lender to such Borrower (with a copy to the Agent) shall be conclusive absent manifest error.