Common use of Mitigation Clause in Contracts

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

Sources: 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

Sources: 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

Sources: 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 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 Gross Up and indemnitiesIndemnities), Clause 14 13 (Increased costsCosts) or paragraph 3 (a) of Schedule 4 Clause 14.3 (Mandatory Cost formulaeCost) 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

Sources: Term Loan Facility Agreement (Castor Maritime Inc.), Term Loan Facility (Ardmore Shipping Corp), Term Loan Facility (Ardmore Shipping Corp)

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 8.1 7.1 (Illegality), Clause 13 12 (Tax grossGross-up and indemnitiesIndemnities), 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 6 contracts

Sources: Credit Facilities Agreement (Gold Fields LTD), Credit Facility Agreement (Gold Fields LTD), Bridge Facility Agreement (Gold Fields LTD)

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 8.1 7.1 (Illegality), Clause 13 12 (Tax grossGross-up and indemnitiesIndemnities), 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 5 contracts

Sources: Credit Facility Agreement, Credit Facility Agreement (Gold Fields LTD), Facility Agreement (Gold Fields LTD)

Mitigation. (a) Each Finance Party shall, in consultation with the CompanyUPC Distribution, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount (including without limitation, VAT) becoming payable under or pursuant tounder, or cancelled pursuant to, any of Clause 8.1 10 (IllegalityTax Gross-up and Indemnities), Clause 13 (Tax gross-up and indemnities), Clause 14 12 (Increased costsCosts) or paragraph 3 of Schedule 4 Clause 13.1 (Mandatory Cost formulaeIllegality) 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 5 contracts

Sources: Credit Agreement (Unitedglobalcom Inc), Credit Agreement (Unitedglobalcom Inc), Restated Credit Agreement (Unitedglobalcom 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 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

Sources: Facilities Agreement (StarTek, Inc.), Facilities Agreement (StarTek, Inc.), Facilities Agreement (StarTek, 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 12 (Tax gross-gross up and indemnities), Clause 14 13 (Increased costsCosts) 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

Sources: Multicurrency Revolving Facility Agreement (Anthracite Capital Inc), Multicurrency Revolving Facility Agreement (Anthracite Capital Inc), Facility Agreement (Anthracite Capital Inc)

Mitigation. (a) Each Finance Party shall, in consultation with the CompanyObligors, 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 4 contracts

Sources: Facility Agreement (Midamerican Energy Holdings Co /New/), Facility Agreement (Midamerican Energy Holdings Co /New/), Facility Agreement (Standard Commercial 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 (Illegality), Clause 13 14 (Tax gross-up Gross Up and indemnitiesIndemnities), Clause 14 15 (Increased costsCosts) or paragraph 3 (a) of Schedule 4 Clause 16.3 (Mandatory Cost formulaeCost) 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

Sources: Revolving and Accordion Facilities Agreement (Ardmore Shipping Corp), Term and Accordion Facilities Agreement (Ardmore Shipping Corp), Term, Revolving and Accordion Facilities Agreement (Ardmore Shipping 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 11.2 (Market disruption), 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

Sources: Second Amendment and Restatement Agreement (Las Vegas Sands Corp), Third Amendment and Restatement Agreement (Las Vegas Sands Corp), Amendment and Restatement Agreement (Las Vegas Sands 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 (Illegality), Clause 13 (Tax gross-up and indemnities), ) or Clause 14 (Increased costs) or and 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 3 contracts

Sources: Facility Agreement (Aon Corp), Facility Agreement (Aon Corp), Facility Agreement (Aon 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 Gross Up and indemnitiesIndemnities), Clause 14 13 (Increased costsCosts) or paragraph 3 (a) of Schedule 4 Clause 14.3 (Mandatory Cost formulaeCost) 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 3 contracts

Sources: Term Loan Facility Agreement (Icon Energy Corp), Facility Agreement (Global Ship Lease, Inc.), Facility Agreement (Navios Maritime Partners L.P.)

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), ) or Clause 14 15.1 (Increased costs) or paragraph 3 of Schedule 4 (Mandatory Cost formulaecost formula) 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 above does not in any way limit the obligations of any Obligor under the Finance Documents.

Appears in 3 contracts

Sources: Term Facility Agreement (Enstar Group LTD), Term Facility Agreement (Enstar Group LTD), Term Facility Agreement (Enstar Group LTD)

Mitigation. (a) Each Finance Party shall, in consultation with the CompanyBorrower, take all reasonable steps to mitigate any circumstances which arise and which result or 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 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 Obligor the Borrower or the Shareholder under the Finance Transaction Documents.

Appears in 3 contracts

Sources: Secured Term Loan Facility (Mohegan Tribal Gaming Authority), Secured Term Loan Facility, Secured Term Loan Facility

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 7.2 (Tax gross-up and indemnitiesFurther illegality), Clause 14 12 (Tax Gross-Up and Indemnities) or Clause 13 (Increased costs) or paragraph 3 of Schedule 4 (Mandatory Cost formulae) Costs), 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 3 contracts

Sources: Loan Agreement (Norwegian Cruise Line Holdings Ltd.), Loan Agreement (Norwegian Cruise Line Holdings Ltd.), Loan Agreement (Norwegian Cruise Line 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 (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 Facility Office or Facility Officebank or financial institution reasonably acceptable to the Borrower. (b) Paragraph (a) above does not in any way limit the obligations of any Obligor the Borrower under the Finance Documents.

Appears in 3 contracts

Sources: Facility Agreement (Bunge Global SA), Revolving Facility Agreement (Bunge Global SA), Facility Agreement (Bungeltd)

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), Clause 14 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 rights and obligations of any Obligor the Borrower under the Finance Documents.

Appears in 3 contracts

Sources: Credit Facility Agreement (Sap Ag), Credit Facility Agreement (Sap Ag), Credit Facility Agreement (Sap Aktiengesellschaft Systems Applications Products in Data)

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 12.1 (Illegality), Clause 13 17 (Tax gross-up and indemnities), Clause 14 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 (a) above does not in any way limit the obligations of any Obligor under the Finance Documents.

Appears in 3 contracts

Sources: Facilities Agreement (Syngenta Ag), Facilities Agreement (HeidelbergCement AG), Facilities Agreement (HeidelbergCement AG)

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

Sources: 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 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), or Clause 14 (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 3 contracts

Sources: Facilities Agreement (Sappi LTD), Credit Agreement (Sappi LTD), Credit Agreement (Sappi 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-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

Sources: Senior Revolving Credit Facility Agreement, Senior Revolving Credit Facility Agreement (Logitech International Sa)

Mitigation. (a) Each Finance Party shall, if requested by and in consultation with the CompanyCo-ordinator, take all reasonable steps to mitigate any circumstances which arise and which would result in any amount becoming payable under under, or pursuant to, or cancelled pursuant to, any of Clause 8.1 12 (IllegalityTaxes), Clause 13 (Tax gross-up and indemnities), Increased Costs) or Clause 14 (Increased costsIllegality) or paragraph 3 of Schedule 4 2 (Mandatory Cost formulaeFormulae) including (but not limited to) transferring its rights and obligations under the Senior 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 Senior Finance Documents.

Appears in 2 contracts

Sources: Fleet Financing Facility Agreement (Avis Budget Group, Inc.), Avis Europe Interim Fleet Financing Facility Agreement (Avis Budget 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

Sources: 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 CompanyBorrower, take all reasonable steps to mitigate or remove 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), to Clause 13 (Tax gross-up and indemnities), ) or Clause 14 (Increased costs) or paragraph 3 of Schedule 4 cancelled pursuant to Clause 8.1 (Mandatory Cost formulaeIllegality) including (but not limited to) transferring its rights and obligations under the Finance Documents to another bank or financial institution acceptable to the Borrower or to an Affiliate or a Facility OfficeOffice in another jurisdiction. (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

Sources: Credit Facility Agreement (Lafarge), Credit Facility Agreement (Lafarge)

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 6.1 (Illegality), Clause 13 11 (Tax gross-up Gross Up and indemnitiesIndemnities), Clause 14 12 (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

Sources: Credit Agreement (DHT Holdings, Inc.), Credit 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 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

Sources: 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 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

Sources: 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 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 (Illegality), Voluntary Prepayment and Cancellation) 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

Sources: Facility Agreement (DHT Holdings, Inc.), Facility Agreement (DHT Holdings, 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 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

Sources: Facility Agreement (InterXion Holding N.V.), Facility Agreement (InterXion Holding N.V.)

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 costsCosts) or paragraph 3 5 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

Sources: Senior Revolving Facility Agreement (Nord Anglia Education, Inc.), Senior Revolving Facility Agreement (Nord Anglia Education, Inc.)

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 2 contracts

Sources: Facility Agreement (IHS Holding LTD), Facility Agreement (IHS Holding 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

Sources: Multicurrency Revolving Facility Agreement (Wolseley PLC), Multicurrency Revolving Facility Agreement (Wolseley 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 (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 2 contracts

Sources: Facility Agreement (Sanofi Synthelabo Sa), Facility Agreement (Sanofi Synthelabo Sa)

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 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 the Parent or any Obligor under the Finance Documents.

Appears in 2 contracts

Sources: Facility Agreement (Allied Healthcare International Inc), Facility Agreement (Allied Healthcare International 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 11.1 (IllegalityIllegality of a Lender), Clause 13 16 (Tax gross-Gross up and indemnities), Indemnities) or Clause 14 17 (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 2 contracts

Sources: Senior Facilities Agreement (Sirona Dental Systems, Inc.), Senior Facilities Agreement (Sirona Dental Systems, 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 Facility ceasing to be available or any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 8.1 clause 4.1 (Illegality), Clause 13 clause 9 (Tax gross-up and indemnities), Clause 14 ) or clause 10 (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

Sources: Amendment and Restatement Agreement (Hamilton Insurance Group, Ltd.), Amendment and Restatement Agreement (Hamilton Insurance Group, Ltd.)

Mitigation. (a) Each Finance Party shall, in consultation with the CompanyBorrower, take all reasonable steps to mitigate or remove any circumstances which arise and which would result in any amount becoming payable under or pursuant to, or cancelled pursuant to, any of to Clause 8.1 (Illegality), Clause 13 15 (Tax gross-up and indemnities), ) or Clause 14 16 (Increased costs) or paragraph 3 of Schedule 4 cancelled pursuant to Clause 10.1 (Mandatory Cost formulaeIllegality) including (but not limited to) transferring its rights and obligations under the Finance Documents to another bank or financial institution acceptable to the Borrower or to an Affiliate or a Facility OfficeOffice in another jurisdiction. (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

Sources: Credit Facility Agreement (Lafarge), Credit Facility Agreement (Lafarge)

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 7.2 (Illegality), Clause 13 12.2 (Tax gross-up and indemnitiesup), Clause 14 13 (Increased costs) 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

Sources: Term Facility Agreement (CGG Veritas), Single Currency Term Facility Agreement (General Geophysics Co)

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

Sources: 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 tounder, or cancelled pursuant to, any of Clause 8.1 10.1 (Illegality, termination of OeKB-refinancing), Clause 13 15 (Tax gross-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 OfficeOffice or any other financial institution. (b) Paragraph (a) above does not in any way limit the obligations of any Obligor under the Finance Documents.

Appears in 2 contracts

Sources: Facility Agreement (Sappi LTD), 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 7.1 (Illegality), Clause 13 (Tax gross-up and indemnities), Clause 14 (Increased costs) 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 the Borrower under the Finance Documents.

Appears in 2 contracts

Sources: Coface Facility Agreement (Globalstar, Inc.), Facility Agreement (Globalstar, 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) (other than Clause 12.6 (Indirect Tax), ) 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 2 contracts

Sources: Facility Agreement (WNS (Holdings) LTD), Facility Agreement (WNS (Holdings) LTD)

Mitigation. (a) Each Finance Party shall, in consultation with the CompanyBorrowers, take all reasonable steps to mitigate (unless the Borrowers expressly request it in writing not to do so) 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 2 contracts

Sources: Term and Revolving Facilities Agreement (KNOT Offshore Partners LP), Term and Revolving 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 14 (Tax gross-up and indemnities), ) or Clause 14 15 (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

Sources: Facility Agreement (Cascal N.V.), Facility Agreement (Gulfmark Offshore Inc)

Mitigation. (a) Each Finance Party shall, in consultation with the CompanyBorrower, take all reasonable steps to mitigate (unless the Borrower expressly request it in writing not to do so) 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 2 contracts

Sources: Term Facility Agreement, Term Facility Agreement (KNOT Offshore Partners LP)

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 (Illegality), Clause 13 15 (Tax grossGross-up Up and indemnities), Indemnities) or Clause 14 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 or the Parent under the Finance Documents.

Appears in 2 contracts

Sources: Facilities Agreement (New Frontier Public Holding Ltd.), Facilities Agreement (New Frontier Health 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 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 11 (Tax gross-up and 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 Obligor the Borrower under the Finance Documents.

Appears in 2 contracts

Sources: Facility Agreement (Polestar Automotive Holding UK PLC), Facility Agreement (Polestar Automotive Holding UK 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 7.1 (Illegality), Clause 13 2 (Tax gross-up and indemnities), ) (other than Clause 14 12.6 (Indirect Tax) 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 2 contracts

Sources: Facility Agreement (WNS (Holdings) LTD), Facility Agreement (WNS (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 12 (Tax gross-up Gross Up and indemnitiesIndemnities), 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 2 contracts

Sources: Term Loan Facility (Ardmore Shipping Corp), Term Loan Facility (Ardmore Shipping 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 (IllegalityIllegality and Sanctions affecting a Lender), 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) 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 or an Approved Manager under the Finance DocumentsDocuments to which it is a party, in accordance with their respective terms.

Appears in 2 contracts

Sources: Facility Agreement (Euroseas Ltd.), Facility Agreement (Euroseas 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-gross up and indemnities), Clause 14 13 (Increased costs) 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 2 contracts

Sources: Secured Facilities Agreement (Citigroup Inc), Secured Facilities Agreement (Citigroup Inc)

Mitigation. (a) Each Finance Party shall, in consultation with the CompanyObligors, 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 18 (Increased Costs), Clause 14 (Increased costs) or paragraph 3 in respect of Schedule 4 (Mandatory Cost formulae) Cost, 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

Sources: Unsecured Uncommitted Revolving Facilities Agreement (Molson Coors Brewing Co), Revolving Facilities Agreement (Molson Coors Brewing Co)

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), 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

Sources: Facility Agreement (Golden Telecom Inc), Facility Agreement (Golden Telecom 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 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 1 contract

Sources: Multicurrency Revolving Facilities Agreement (Sage Group 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 clause 8.1 (Illegality), Clause clause 13 (Tax gross-up and indemnities), Clause clause 14 (Increased costs) 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 the Company under the Finance Documents.

Appears in 1 contract

Sources: Facility Agreement (TRM 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), 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

Sources: Facility Agreement (Central European Media Enterprises LTD)

Mitigation. (aA) Each Finance Party shall, in consultation with the CompanyBorrower, 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 8.2 (IllegalityIllegality and Sanctions), Clause 13 13.2 (Tax gross-up and indemnities), up) or Clause 14 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. (bB) Paragraph (aA) above does not in any way limit the obligations of any Obligor under the Finance Documents.

Appears in 1 contract

Sources: Facility Agreement (Vaalco Energy Inc /De/)

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 15 (Tax grossGross-up Up and indemnities), Indemnities) or Clause 14 16 (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

Sources: Mezzanine Facility Agreement (NDS Group 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 (Illegality), Clause 13 (Tax gross-up and indemnities), Clause 14 (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 the Borrower or the Shareholders under the Finance Documents.

Appears in 1 contract

Sources: Facilities Agreement (Corporate Property Associates 17 - Global 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 clause 6.1 (Illegality), Clause 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 (aClause 15.1(a) above does not in any way limit the obligations of any Obligor under the Finance Documents.

Appears in 1 contract

Sources: Common Terms Agreement (Sedibelo Resources LTD)

Mitigation. (a) Each Finance Party shall, in consultation with the CompanyIssuer, 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 10.1 (Illegality), Clause 13 16 (Tax grossGross-up Up and indemnities), 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 1 contract

Sources: Secured Subordinated Notes Facility Agreement

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 clause 13 (Increased costsCosts) 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) 15.1.2 Clause 15.1.1 above does not in any way limit the obligations of any Obligor under the Finance Documents.

Appears in 1 contract

Sources: Facilities Agreement (Hungarian Telephone & Cable 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 12 (No Set-Off or Tax Deduction; Tax Indemnity; FATCA) 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 1 contract

Sources: Loan Agreement (Dorian LPG Ltd.)

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

Sources: 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 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 1 contract

Sources: Second Lien Facility Agreement (Geologistics 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 ‎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

Sources: Facility Agreement (Linde 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 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 12 (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 the Borrower under the Finance Documents.

Appears in 1 contract

Sources: Bridge Facility Agreement (Himalaya Shipping 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 (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

Sources: Facility Agreement (Sigma Aldrich Corp)

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 clause 8.1 (Illegality), Clause 13 clause 11.2 (Tax gross-up and indemnities), Clause 14 up) or clause 12.1 (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. (bB) Paragraph (aA) above does not in any way limit the obligations of any Obligor under the Finance Documents.

Appears in 1 contract

Sources: Multicurrency Revolving Letter of Credit Facility Agreement (Kosmos Energy Ltd.)

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 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) 15.1.2 Paragraph (a) 15.1.1 above does not in any way limit the obligations of any Obligor under the Finance Documents.

Appears in 1 contract

Sources: Term Facility Agreement (Luxottica Group Spa)

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 13.1 (Illegality), ) or Clause 13 16.2 (Tax gross-up up) and indemnities16.3 (Tax indemnity), Clause 14 17 (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, or to another Lender or other institution approved by the Company. (b) Paragraph (a) above does not in any way limit the obligations of any Obligor under the Finance Documents.

Appears in 1 contract

Sources: Facility Agreement (Waterford Wedgwood 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 10.1 (Illegality), Clause 13 15 (Tax gross-up and indemnities), 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 the Borrower under the Finance Documents.

Appears in 1 contract

Sources: Facility Agreement (AstraZeneca Biopharmaceuticals Inc.)

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 8.1 (Illegality), Clause 13 (Tax gross-up and indemnities), ) or Clause 14 (Increased costs) or paragraph 3 of Schedule 4 7 (Mandatory Cost Costs 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

Sources: Multicurrency Term and Revolving Facilities Agreement (Seawell 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 10.1 (Illegality), Clause 13 15 (Tax gross-up and indemnities), Clause 14 16 (Increased costs) 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

Sources: Secured Facilities Agreement (Solutia 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 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

Sources: Term Loan Facility 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 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 1 contract

Sources: Facility Agreement (Wimm Bill Dann Foods 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 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.

Appears in 1 contract

Sources: Senior Facilities Agreement (Luxfer Holdings PLC)

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

Sources: 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 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 formulaeCost) 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

Sources: Addendum to First Preferred Marshall Islands Mortgage (Ocean Rig UDW 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 10.1 (Illegality), Clause 13 15 (Tax gross-up and indemnities), 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 1 contract

Sources: Facility Agreement (Enodis 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 tounder, 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

Sources: Senior Subordinated Credit Agreement (Misys PLC)

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 8.1 (Illegality), Clause 13 12 (Tax gross-up and indemnitiesGross Up), 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 1 contract

Sources: Amendment and Restatement Agreement (Ferguson 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 the Facility ceasing to be available or any amount becoming payable under or pursuant to, or cancelled pursuant to, any of Clause 8.1 (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 1 contract

Sources: Bridge Facility 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 7.1 (Illegality), Clause 13 14 (Tax gross-Gross up and indemnities), Indemnities) or Clause 14 15 (Increased costsCosts) or paragraph 3 4 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 the Borrower under the Finance Documents.

Appears in 1 contract

Sources: Senior Term Facility Agreement (SemGroup 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 10.1 (Illegality), Clause 13 15 (Tax gross-gross up and indemnities), Clause 14 16 (Increased costsCosts) or paragraph 3 of Schedule 4 (Mandatory Cost formulae) including (but not limited to) transferring its rights and obligations under the Finance Transaction 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 Transaction Documents.

Appears in 1 contract

Sources: Multicurrency Revolving Facility Agreement (Anthracite Capital Inc)

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 8.1 (Illegality), Clause 13 (Tax grossGross-up and indemnitiesIndemnities), Clause 14 (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

Sources: Facility Agreement (Gold Fields 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

Sources: Facility Agreement (AstraZeneca Biopharmaceuticals 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), Clause 14 (Increased costs) or paragraph 3 (a) of Schedule 4 Clause 15.1 (Mandatory Cost formulae) Increased Costs), 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

Sources: Mgo Facility Agreement

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 costsCosts) 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

Sources: Loan Agreement (Intercontinental Hotels Group PLC /New/)

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 9.1 (Illegality), Clause 13 14 (Tax gross-up Gross Up and indemnities), Indemnities) or Clause 14 15 (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

Sources: Facility Agreement (British Sky Broadcasting Group 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 (IllegalityIllegality and Sanctions affecting a Lender), 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 Transaction Obligor under the Finance Documents.

Appears in 1 contract

Sources: Loan Agreement (International Seaways, 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), 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 paragraph (a) above does not in any way limit the rights and obligations of any Obligor the Borrower under the Finance Documents.

Appears in 1 contract

Sources: Credit Facility Agreement (Saturn Expansion 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 11.1 (Illegality), Clause 13 18 (Tax gross-up and indemnities), ) or Clause 14 19 (Increased costsCosts) or paragraph 3 by way of Schedule 4 (Mandatory Cost formulae) Costs 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

Sources: Senior Term Loan Facilities Agreement (Anooraq Resources Corp)

Mitigation. (a) Each Finance Party shall, in consultation with the CompanyObligors, 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 gross‑up and indemnities) or Clause 18 (Increased Costs), Clause 14 (Increased costs) or paragraph 3 in respect of Schedule 4 (Mandatory Cost formulae) Cost, 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

Sources: Revolving Facilities Agreement (Molson Coors Brewing Co)

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 grossGross-up Up and indemnitiesIndemnities), 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 Obligations of any Obligor under the Finance Documents.

Appears in 1 contract

Sources: Term Facility Agreement (Cadence Design Systems 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 9.1 (Illegality), Clause 13 14 (Tax gross-up and indemnities), Clause 14 15 (Increased costs) 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

Sources: Facility Agreement (InterXion Holding N.V.)

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 indemnitiesIndemnities), Clause 14 (Increased costsCosts) or paragraph 3 1 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

Sources: Facility Agreement (Legrand Holding Sa)

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), 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 1 contract

Sources: Facility Agreement (InterXion Holding N.V.)