Reasonable Efforts to Mitigate. Each Lender and the Administrative Agent agrees that as promptly as practicable after it becomes aware of the occurrence of an event or the existence of a condition that would cause it to be affected under ss.5.2(b), ss.5.4, ss.5.9 or ss.5.10, such Lender or the Administrative Agent will give notice thereof to the Borrowers, with a copy to the Administrative Agent, and, to the extent so requested by the Borrowers and not inconsistent with such Lender's or the Administrative Agent's internal policies, such Lender or the Administrative Agent shall use reasonable efforts and take such actions as are reasonably appropriate if as a result thereof the additional monies which would otherwise be required to be paid to such Lender or the Administrative Agent pursuant to such subsections would be materially reduced, or the illegality or other adverse circumstances which would otherwise require a conversion of such Loans or result in the inability to make such Loans pursuant to such sections would cease to exist, and in each case if, as determined by such Lender in its sole discretion, the taking of such actions would not adversely affect such Loans or such Lender or the Administrative Agent or otherwise be disadvantageous to such Lender or the Administrative Agent. To the extent practicable and applicable, each Lender and the Administrative Agent shall allocate such cost increases among its customers in good faith and on an equitable basis.
Appears in 2 contracts
Sources: Revolving Credit and Term Loan Agreement (Nationsrent Inc), Revolving Credit and Term Loan Agreement (Nationsrent Inc)