Additional Cost. As a result of circumstances existing at the date the assignment, transfer or change occurs, the Company would be obliged to make a payment to the New Bank or to the Bank acting through its new Facility Office under clause 8 (Taxes), then, unless: (i) the Company has consented to the assignment or transfer; (ii) the assignment, transfer or change is made by the Bank whilst there is continuing an Event of Default, a Potential Event of Default or an Event of Mandatory Prepayment; or (iii) the assignment, transfer or change is made as a result of clause 11 (Mitigation), the Company need make only such a payment under clause 8 as it would have been obliged to pay if the assignment, transfer or change had not occurred.
Appears in 3 contracts
Sources: Guarantee Facility Agreement (T-Mobile US, Inc.), Guarantee Facility Agreement (T-Mobile US, Inc.), Guarantee Facility Agreement (T-Mobile US, Inc.)