Common use of Additional Foreign Currencies Clause in Contracts

Additional Foreign Currencies. (a) Airgas may from time to time request that Foreign Currency Loans be made and/or U.S. Letters of Credit be issued in a currency other than those specifically listed in the definition of “Foreign Currency”; provided that such requested currency is a lawful currency (other than U.S. Dollars) that is readily available and freely transferable and convertible into U.S. Dollars. In the case of any such request with respect to the making of Foreign Currency Loans, such request shall be subject to the approval of the Agent and the Foreign Currency Lenders; and in the case of any such request with respect to the issuance of U.S. Letters of Credit, such request shall be subject to the approval of the Agent and the U.S. Issuing Lender. (b) Any such request shall be made to the Agent not later than 11:00 a.m., ten Business Days prior to the date of the desired borrowing or desired issuance of a U.S. Letter of Credit (or, if requested by Airgas, such other time or date as may be agreed by the Agent and, in the case of any such request pertaining to U.S. Letters of Credit, the U.S. Issuing Lender, in its or their sole discretion). In the case of any such request pertaining to Foreign Currency Loans, the Agent shall promptly notify each Foreign Currency Lender thereof. Each Foreign Currency Lender (in the case of any such request pertaining to Foreign Currency Loans) or the U.S. Issuing Lender (in the case of a request pertaining to U.S. Letters of Credit) shall notify the Agent, not later than 11:00 a.m., five Business Days after receipt of such request whether it consents, in its sole discretion, to the making of Foreign Currency Loans or the issuance of U.S. Letters of Credit, as the case may be, in such requested currency. (c) Any failure by a Foreign Currency Lender or the U.S. Issuing Lender, as the case may be, to respond to such request within the time period specified in Section 1.5(b) shall be deemed to be a refusal by such Foreign Currency Lender or the U.S. Issuing Lender, as the case may be, to permit Foreign Currency Loans to be made or U.S. Letters of Credit to be issued in such requested currency. If the Agent and all the Foreign Currency Lenders consent to making Foreign Currency Loans in such requested currency, the Agent shall so notify Airgas and such currency shall thereupon be deemed for all purposes to be a Foreign Currency hereunder for purposes of any borrowings of Foreign Currency Loans; and if the Agent and the U.S. Issuing Lender consent to the issuance of U.S. Letters of Credit in such requested currency, the Agent shall so notify Airgas and such currency shall thereupon be deemed for all purposes to be a Foreign Currency hereunder for purposes of any U.S. Letter of Credit issuances. If the Agent shall fail to obtain consent to any request for an additional currency under this Section 1.5, the Agent shall promptly so notify Airgas.

Additional Foreign Currencies. (a) Airgas The Borrower may from time to time request that Foreign Currency Eurocurrency Rate Loans be made and/or U.S. Letters of Credit be issued in a currency other than those specifically listed in the definition of “Foreign Currency”; ;” provided that such requested currency is a lawful currency (other than U.S. Dollars) that is readily available and freely transferable and convertible into U.S. Dollars. In the case of any such request with respect to the making of Foreign Currency Eurocurrency Rate Loans, such request shall be subject to the approval of the Administrative Agent and the Foreign Currency Lenders; and in the case of any such request with respect to the issuance of U.S. Letters of Credit, such request shall be subject to the approval of the Administrative Agent and the U.S. Issuing Lenderapplicable L/C Issuer (and, for the avoidance of doubt, without consent from the Lenders). (b) Any such request shall be made to the Administrative Agent not later than 11:00 a.m., ten twenty (20) Business Days prior to the date of the desired borrowing Credit Extension (or desired issuance of a U.S. Letter of Credit (or, if requested by Airgas, such other time or date as may be agreed by the Administrative Agent and, in the case of any such request pertaining to U.S. Letters of Credit, the U.S. Issuing Lenderapplicable L/C Issuer, in its or their sole discretion). In the case of any such request pertaining to Foreign Currency Eurocurrency Rate Loans, the Administrative Agent shall promptly notify each Foreign Currency Lender thereof; and in the case of any such request pertaining to Letters of Credit, the Administrative Agent shall promptly notify the applicable L/C Issuer thereof. Each Foreign Currency Lender (in the case of any such request pertaining to Foreign Currency Eurocurrency Rate Loans) or the U.S. Issuing Lender applicable L/C Issuer (in the case of a request pertaining to U.S. Letters of Credit) shall notify the Administrative Agent, not later than 11:00 a.m., five ten (10) Business Days after receipt of such request whether it consents, in its sole discretion, to the making of Foreign Currency Eurocurrency Rate Loans or the issuance of U.S. Letters of Credit, as the case may be, in such requested currency. (c) Any failure by a Foreign Currency Lender or the U.S. Issuing Lenderapplicable L/C Issuer, as the case may be, to respond to such request within the time period specified in Section 1.5(b) the preceding sentence shall be deemed to be a refusal by such Foreign Currency Lender or the U.S. Issuing Lendersuch L/C issuer, as the case may be, to permit Foreign Currency Eurocurrency Rate Loans to be made or U.S. Letters of Credit to be issued in such requested currency. If the Administrative Agent and all the Foreign Currency Lenders consent to making Foreign Currency Eurocurrency Rate Loans in such requested currency, the Administrative Agent shall so notify Airgas the Borrower and such currency shall thereupon be deemed for all purposes to be a Foreign Currency hereunder for purposes of any borrowings Borrowings of Foreign Currency Eurocurrency Rate Loans; and if the Agent Administrative and the U.S. Issuing Lender applicable L/C Issuer consent to the issuance of U.S. Letters of Credit in such requested currency, the Administrative Agent shall so notify Airgas the Borrower and such currency shall thereupon be deemed for all purposes to be a Foreign Currency hereunder for purposes of any U.S. Letter of Credit issuancesissuances by such L/C Issuer. If the Administrative Agent shall fail to obtain consent to any request for an additional currency under this Section 1.51.08, the Administrative Agent shall promptly so notify Airgasthe Borrower.

Additional Foreign Currencies. (a) Airgas may from time to time request that Foreign Currency Loans be made and/or U.S. Letters of Credit be issued in a currency other than those specifically listed in the definition of “Foreign Currency”; provided that (i) such requested currency is a lawful currency (other than U.S. Dollars) that is readily available and freely transferable and convertible into U.S. DollarsDollars and (ii) such requested currency shall only be considered a LIBOR Quoted Currency to the extent that there is published LIBOR rate for such currency. In the case of any such request with respect to the making of Foreign Currency Loans, such request shall be subject to the approval of the Agent and the Foreign Currency Lenders; and in the case of any such request with respect to the issuance of U.S. Letters of Credit, such request shall be subject to the approval of the Agent and the U.S. Issuing Lender. (b) Any such request shall be made to the Agent not later than 11:00 a.m., ten Business Days prior to the date of the desired borrowing or desired issuance of a U.S. Letter of Credit (or, if requested by Airgas, such other time or date as may be agreed by the Agent and, in the case of any such request pertaining to U.S. Letters of Credit, the U.S. Issuing Lender, in its or their sole discretion). In the case of any such request pertaining to Foreign Currency Loans, the Agent shall promptly notify each Foreign Currency Lender thereof. Each Foreign Currency Lender (in the case of any such request pertaining to Foreign Currency Loans) or the U.S. Issuing Lender (in the case of a request pertaining to U.S. Letters of Credit) shall notify the Agent, not later than 11:00 a.m., five Business Days after receipt of such request whether it consents, in its sole discretion, to the making of Foreign Currency Loans or the issuance of U.S. Letters of Credit, as the case may be, in such requested currency. (c) Any failure by a Foreign Currency Lender or the U.S. Issuing Lender, as the case may be, to respond to such request within the time period specified in Section 1.5(b) shall be deemed to be a refusal by such Foreign Currency Lender or the U.S. Issuing Lender, as the case may be, to permit Foreign Currency Loans to be made or U.S. Letters of Credit to be issued in such requested currency. If the Agent and all the Foreign Currency Lenders consent to making Foreign Currency Loans in such requested currency and the Agent and such Foreign Currency Lenders reasonably determine that a Eurocurrency Base Rate is available to be used for such requested currency, the Agent shall so notify Airgas and (i) the Agent and such Foreign Currency Lenders may amend the definition of Eurocurrency Base Rate for any Non-LIBOR Quoted Currency to the extent necessary to add the applicable Eurocurrency Base Rate for such currency and (ii) to the extent the definition of Eurocurrency Base Rate reflects the appropriate interest rate for such currency or has been amended to reflect the appropriate rate for such currency, such currency shall thereupon be deemed for all purposes to be a Foreign LIBOR Quoted Currency hereunder or a Non-LIBOR Quoted Currency, as applicable, for purposes of any borrowings of Foreign Currency Loans; and if . If the Agent and the U.S. Issuing Lender consent to the issuance of U.S. Letters of Credit in such requested currency, the Agent shall so notify Airgas and (A) the Agent and the U.S. Issuing Lender may amend the definition of Eurocurrency Base Rate for any Non-LIBOR Quoted Currency to the extent necessary to add the applicable Eurocurrency Base Rate for such currency and (B) to the extent the definition of Eurocurrency Base Rate reflects the appropriate interest rate for such currency or has been amended to reflect the appropriate rate for such currency, such currency shall thereupon be deemed for all purposes to be a Foreign LIBOR Quoted Currency hereunder or a Non-LIBOR Quoted Currency, as applicable, for purposes of any U.S. Letter of Credit issuances. If the Agent shall fail to obtain consent to any request for an additional currency under this Section 1.5, the Agent shall promptly so notify Airgas.