Similarly Situated Customers. Each Lender, L/C Issuer or other Recipient shall make any determination to request compensation under this Section 3.9 in good faith (and not on an arbitrary or capricious basis) and consistent with similarly situated customers of the applicable Lender, L/C Issuer or Recipient after consideration of such factors as such Lender, L/C Issuer or Recipient then reasonably determines to be relevant.
Appears in 5 contracts
Samples: Credit Agreement (Public Service Co of New Mexico), Credit Agreement (Public Service Co of New Mexico), Credit Agreement (Public Service Co of New Mexico)