Common use of Alternative Currencies Clause in Contracts

Alternative Currencies. (a) The US Borrower may from time to time request that Letters of Credit be issued in an Alternative Currency (subject to the approval of the relevant Issuing Bank), provided that such requested currency is a lawful currency that is readily available and freely transferable and convertible into dollars. Any such request shall be made to the Administrative Agent, and the Administrative Agent shall promptly notify the relevant Issuing Bank thereof. The relevant Issuing Bank shall notify the Administrative Agent, not later than 1:00 p.m., 10 Business Days after receipt of such request whether it consents to the issuance of Letters of Credit in such requested currency. Any failure by the relevant Issuing Bank to respond to such request within the time period specified in the preceding sentence shall be deemed to be a refusal by the relevant Issuing Bank to permit Letters of Credit to be issued in such requested currency. If the relevant Issuing Bank consents to the issuance of Letters of Credit in such requested currency, the Administrative Agent shall so notify the US Borrower and such currency shall thereupon be deemed for all purposes to be an Alternative Currency hereunder for the purposes of any Letter of Credit issuances by such Issuing Bank. If the relevant Issuing Bank does not consent to any request for an additional currency under this Section 1.10, the Administrative Agent shall promptly so notify the US Borrower. (b) Each provision of this Agreement shall be subject to such reasonable changes of construction as the Administrative Agent may from time to time specify with the US Borrower’s consent to appropriately reflect a change in currency of any country and any relevant market conventions or practices relating to such change in currency.

Alternative Currencies. (a) The US Borrower may from time to time request that Letters of Credit be issued in an Alternative Currency (subject to the approval of the relevant Issuing Bank), a currency other than Dollars; provided that such requested currency is a lawful currency (other than Dollars) that is readily available and freely transferable and convertible into dollarsDollars. In the case of any such request with respect to the issuance of Letters of Credit, such request shall be subject to the approval of the Administrative Agent and the L/C Issuers. (b) Any such request shall be made to the Administrative AgentAgent not later than 10:00 a.m., 20 Business Days prior to the date of the desired L/C Credit Extension (or such other time or date as may be agreed by the Administrative Agent and the L/C Issuers, in their sole discretion). In the case of any such request pertaining to Letters of Credit, the Administrative Agent shall promptly notify the relevant Issuing Bank each L/C Issuer thereof. The relevant Issuing Bank Each L/C Issuer shall notify the Administrative Agent, not later than 1:00 p.m.10:00 a.m., 10 ten Business Days after receipt of such request whether it consents consents, in its sole discretion, to the issuance of Letters of Credit in such requested currency. . (c) Any failure by the relevant Issuing Bank an L/C Issuer to respond to such request within the time period specified in the preceding sentence shall be deemed to be a refusal by the relevant Issuing Bank such L/C Issuer to permit Letters of Credit to be issued in such requested currency. If the relevant Issuing Bank consents Administrative Agent and any L/C Issuer consent to the issuance of Letters of Credit in such requested currency, the Administrative Agent shall so notify the US Borrower and such currency shall thereupon be deemed for all purposes to be an Alternative Currency hereunder for the purposes of any Letter of Credit issuances by such Issuing Bankissuances. If the relevant Issuing Bank does not Administrative Agent shall fail to obtain consent to any request for an additional currency under this Section 1.101.06, the Administrative Agent shall promptly so notify the US Borrower. (b) Each provision of this Agreement shall be subject to such reasonable changes of construction as the Administrative Agent may from time to time specify with the US Borrower’s consent to appropriately reflect a change in currency of any country and any relevant market conventions or practices relating to such change in currency.

Alternative Currencies. (a) The US Borrower may from time to time request that Letters of Credit (each a “Credit Extension”) be made or issued in an a currency other than those specifically listed in the definition of “Alternative Currency (subject to the approval of the relevant Issuing Bank), Currency”; provided that such requested currency is a lawful currency that is readily available and freely transferable and convertible into dollarsDollars. Any such request shall be subject to the approval of the Administrative Agent and the Issuing Bank. (b) Any such request shall be made to the Administrative AgentAgent not later than 11:00 a.m., twenty (20) Business Days prior to the date of the desired Credit Extension (or such other time or date as may be agreed by the Administrative Agent and the Issuing Bank, in their sole discretion). After receipt of such request, the Administrative Agent shall promptly notify the relevant Issuing Bank thereof. The relevant Issuing Bank shall notify the Administrative Agent, not later than 1:00 p.m., 10 ten (10) Business Days after receipt of such request whether it consents consents, in its sole discretion, to the issuance of Letters of Credit Extension in such requested currency. . (c) Any failure by the relevant Issuing Bank to respond to such request within the time period specified in the preceding sentence shall be deemed to be a refusal by the relevant Issuing Bank to permit Letters of Credit to be issued in such requested currency. If the relevant Administrative Agent and the Issuing Bank consents consent to the issuance of Letters of Credit Extension in such requested currency, the Administrative Agent shall so notify the US Borrower and such currency shall thereupon be deemed for all purposes to be an Alternative Currency hereunder for the purposes of any Letter of Credit issuances by such Issuing BankCurrency. If the relevant Issuing Bank does not Administrative Agent shall fail to obtain consent to any request for an additional currency under this Section 1.101.7, the Administrative Agent shall promptly so notify the US Borrower. Any specified currency of a Credit Extension that is neither Dollars nor one of the Alternative Currencies specifically listed in the definition of “Alternative Currency” shall be deemed an Alternative Currency with respect to such Credit Extension only. (bd) Each obligation of the Borrower to make a payment denominated in the national currency unit of any member state of the European Union that adopts the Euro as its lawful currency after the date hereof shall be redenominated into Euro at the time of such adoption. (e) Each provision of this Agreement shall be subject to such reasonable changes of construction as the Administrative Agent may from time to time specify with to be appropriate to reflect the US Borrower’s consent adoption of the Euro by any member state of the European Union and any relevant market conventions or practices relating to appropriately the Euro. (f) Each provision of this Agreement also shall be subject to such reasonable changes of construction as the Administrative Agent may from time to time specify to be appropriate to reflect a change in currency of any other country and any relevant market conventions or practices relating to such the change in currency. (g) With respect to each Credit Extension, if (i) Administrative Agent notifies Borrower that it does not agree to the applicable currency (provided that the decision of whether or not to agree to such currency shall be made in Administrative Agent’s reasonable discretion); or (ii) Administrative Agent is not satisfied that all necessary governmental and other approvals, authorizations and consents have been obtained; or (iii) Administrative Agent determines that it is not feasible for a Credit Extension to be denominated in such currency, then unless Administrative Agent sf-5589619 otherwise agrees, such Credit Extension shall be made in a currency determined by Administrative Agent which shall be either Dollars or an Alternative Currency. (h) Each Credit Extension shall remain, and shall be paid or repaid (as the case may be) in the currency in which it was made, but this shall not restrict the right of Administrative Agent to apply the proceeds of Collateral denominated in one currency against Obligations denominated in another currency, and to effect any necessary currency conversion.

Alternative Currencies. (a) The US Borrower may from time to time request that Letters of Credit be issued in an a currency other than those specifically listed in the definition of “Alternative Currency (subject to the approval of the relevant Issuing Bank), Currency”; provided that such requested currency is a lawful currency that is readily available and freely transferable and convertible into dollars. Dollars, Any such request shall be subject to the approval of the Administrative Agent and the Issuing Lender. (b) Any such request shall be made to the Administrative AgentAgent not later than 11:00 a.m., twenty (20) Business Days prior to the date of the desired Credit Extension (or such other time or date as may be agreed by the Administrative Agent and Issuing Lender, in their sole discretion). After receipt of such request, the Administrative Agent shall promptly notify the relevant Issuing Bank Lender thereof. The relevant Issuing Bank Lender shall notify the Administrative Agent, not later than 1:00 p.m., 10 ten (10) Business Days after receipt of such request whether it consents consents, in its sole discretion, to the issuance of Letters of Credit in such requested currency. . (c) Any failure by the relevant Issuing Bank Lender to respond to such request within the time period specified in the preceding sentence shall be deemed to be a refusal by the relevant Issuing Bank to permit Lender of Letters of Credit to be issued in such requested currency. If the relevant Administrative Agent and the Issuing Bank consents Lender consent to the issuance of Letters of Credit in such requested currency, the Administrative Agent shall so notify the US Borrower and such currency shall thereupon be deemed for all purposes to be an Alternative Currency hereunder for the purposes of any Letter of Credit issuances by such Issuing BankCurrency. If the relevant Issuing Bank does not Administrative Agent shall fail to obtain consent to any request for an additional currency under this Section 1.101.6, the Administrative Agent shall promptly so notify the US Borrower. Any specified currency of an Existing Letter of Credit that is neither Dollars nor one of the Alternative Currencies specifically listed in the definition of “Alternative Currency” shall be deemed an Alternative Currency with respect to such Existing Letter of Credit only. (bd) Each obligation of the Borrower to make a payment denominated in the national currency unit of any member state of the European Union that adopts the Euro as its lawful currency after the date hereof shall be redenominated into Euro at the time of such adoption. (e) Each provision of this Agreement shall be subject to such reasonable changes of construction as the Administrative Agent may from time to time specify with to be appropriate to reflect the US Borrower’s consent adoption of the Euro by any member state of the European Union and any relevant market conventions or practices relating to appropriately the Euro. (f) Each provision of this Agreement also shall be subject to such reasonable changes of construction as the Administrative Agent may from time to time specify to be appropriate to reflect a change in currency of any other country and any relevant market conventions or practices relating to such the change in currency.

Alternative Currencies. (a) The US Borrower may from time to time request that Letters of Credit be issued in an a currency other than those specifically listed in the definition of “Alternative Currency (subject to the approval of the relevant Issuing Bank), Currency”; provided that such requested currency is a lawful currency that is readily available and freely transferable and convertible into dollars. Dollars, Any such request shall be subject to the approval of the Administrative Agent and the Issuing Lender. (b) Any such request shall be made to the Administrative AgentAgent not later than 11:00 a.m., twenty (20) Business Days prior to the date of the desired credit extension (or such other time or date as may be agreed by the Administrative Agent and Issuing Lender, in their sole discretion). After receipt of such request, the Administrative Agent shall promptly notify the relevant Issuing Bank Lender thereof. The relevant Issuing Bank Lender shall notify the Administrative Agent, not later than 1:00 p.m., 10 ten (10) Business Days after receipt of such request whether it consents consents, in its sole discretion, to the issuance of Letters of Credit in such requested currency. . (c) Any failure by the relevant Issuing Bank Lender to respond to such request within the time period specified in the preceding sentence shall be deemed to be a refusal by the relevant Issuing Bank to permit Lender of Letters of Credit to be issued in such requested currency. If the relevant Administrative Agent and the Issuing Bank consents Lender consent to the issuance of Letters of Credit in such requested currency, the Administrative Agent shall so notify the US Borrower and such currency shall thereupon be deemed for all purposes to be an Alternative Currency hereunder for the purposes of any Letter of Credit issuances by such Issuing BankCurrency. If the relevant Issuing Bank does not Administrative Agent shall fail to obtain consent to any request for an additional currency under this Section 1.101.5, the Administrative Agent shall promptly so notify the US Borrower. (bd) Each obligation of the Borrower to make a payment denominated in the national currency unit of any member state of the European Union that adopts the Euro as its lawful currency after the Closing Date shall be redenominated into Euro at the time of such adoption. (e) Each provision of this Agreement shall be subject to such reasonable changes of construction as the Administrative Agent may from time to time specify with to be appropriate to reflect the US Borrower’s consent adoption of the Euro by any member state of the European Union and any relevant market conventions or practices relating to appropriately the Euro. (f) Each provision of this Agreement also shall be subject to such reasonable changes of construction as the Administrative Agent may from time to time specify to be appropriate to reflect a change in currency of any other country and any relevant market conventions or practices relating to such the change in currency.

Alternative Currencies. (a) The US Borrower may from time to time request that Letters of Credit be issued in an a currency other than those specifically listed in the definition of “Alternative Currency (subject to the approval of the relevant Issuing Bank), Currency”; provided that such requested currency is a lawful currency that is readily available and freely transferable and convertible into dollars. Dollars, Anyany such request shall be subject to the approval of the Administrative Agent and the Issuing Lender. (b) Any such request shall be made to the Administrative AgentAgent not later than 11:00 a.m., twenty (20) Business Days prior to the date of the desired Credit Extension (or such other time or date as may be agreed by the Administrative Agent and Ixxxxxx Xxxxxx, in their sole discretion). After receipt of such request, the Administrative Agent shall promptly notify the relevant Issuing Bank Lender thereof. The relevant Issuing Bank Lender shall notify the Administrative Agent, not later than 1:00 p.m., 10 ten (10) Business Days after receipt of such request whether it consents consents, in its sole discretion, to the issuance of Letters of Credit in such requested currency. . (c) Any failure by the relevant Issuing Bank Lender to respond to such request within the time period specified in the preceding sentence shall be deemed to be a refusal by the relevant Issuing Bank to permit Lender of Letters of Credit to be issued in such requested currency. If the relevant Administrative Agent and the Issuing Bank consents Lender consent to the issuance of Letters of Credit in such requested currency, the Administrative Agent shall so notify the US Borrower and such currency shall thereupon be deemed for all purposes to be an Alternative Currency hereunder for the purposes of any Letter of Credit issuances by such Issuing BankCurrency. If the relevant Issuing Bank does not Administrative Agent shall fail to obtain consent to any request for an additional currency under this Section 1.101.61.7, the Administrative Agent shall promptly so notify the US Borrower. Any specified currency of an Existing Letter of Credit that is neither Dollars nor one of the Alternative Currencies specifically listed in the definition of “Alternative Currency” shall be deemed an Alternative Currency with respect to such Existing Letter of Credit only. (bd) Each obligation of the Borrower to make a payment denominated in the national currency unit of any member state of the European Union that adopts the Euro as its lawful currency after the date hereof shall be redenominated into Euro at the time of such adoption. (e) Each provision of this Agreement shall be subject to such reasonable changes of construction as the Administrative Agent may from time to time specify with to be appropriate to reflect the US Borrower’s consent adoption of the Euro by any member state of the European Union and any relevant market conventions or practices relating to appropriately the Euro. (f) Each provision of this Agreement also shall be subject to such reasonable changes of construction as the Administrative Agent may from time to time specify to be appropriate to reflect a change in currency of any other country and any relevant market conventions or practices relating to such the change in currency. SECTION 2 AMOUNT AND TERMS OF COMMITMENTS 2.1 [Reserved]. 2.2 [Reserved]. 2.3 [Reserved].

Alternative Currencies. (a) The US Borrower may from time to time request that Letters of Credit be issued in an Alternative Currency (subject to the approval of the relevant Issuing Bank), a currency other than Dollars; provided that such requested currency is a lawful currency that is readily available and freely transferable and convertible into dollars. Dollars, and each such request shall be subject to the approval of the Administrative Agent and the Issuing Lender. (b) Any such request shall be made to the Administrative AgentAgent not later than 11:00 a.m., twenty (20) Business Days prior to the date of the desired Letter of Credit issuance (or such other time or date as may be agreed by the Administrative Agent and the Issuing Lender, in its or their sole discretion). The Administrative Agent shall promptly notify the relevant Issuing Bank Lender thereof. The relevant Issuing Bank Lender shall notify the Administrative Agent, not later than 1:00 p.m.11:00 a.m., 10 ten (10) Business Days after receipt of such request whether it consents consents, in its sole discretion, to the making of the issuance of Letters of Credit in such requested currency. . (c) Any failure by the relevant Issuing Bank Lender to respond to such request within the time period specified in the preceding sentence shall be deemed to be a refusal by the relevant Issuing Bank Lender to permit Letters of Credit to be issued in such requested currency. If the relevant Administrative Agent and the Issuing Bank consents Lender consent to the issuance of Letters of Credit in such requested currency, the Administrative Agent shall so notify the US Borrower and such currency shall thereupon be deemed for all purposes to be an Alternative Currency hereunder for the purposes of any Letter of Credit issuances by such Issuing Bankissuances. If the relevant Issuing Bank does not Administrative Agent shall fail to obtain consent to any request for an additional alternative currency under this Section 1.101.12, the Administrative Agent shall promptly so notify the US Borrower. (b) Each provision of this Agreement shall be subject to such reasonable changes of construction as the Administrative Agent may from time to time specify with the US Borrower’s consent to appropriately reflect a change in currency of any country and any relevant market conventions or practices relating to such change in currency.

Alternative Currencies. (a) 11. The US Borrower may from time to time request that Letters of Credit be issued in an a currency other than those specifically listed in the definition of “Alternative Currency (subject to the approval of the relevant Issuing Bank), Currency”; provided that such requested currency is a lawful currency that is readily available and freely transferable and convertible into dollarsDollars, Any such request shall be subject to the approval of the Administrative Agent and the Issuing Lender. 12. Any such request shall be made to the Administrative AgentAgent not later than 11:00 a.m., twenty (20) Business Days prior to the date of the desired Credit Extension (or such other time or date as may be agreed by the Administrative Agent and Issuing Lender, in their sole discretion). After receipt of such request, the Administrative Agent shall promptly notify the relevant Issuing Bank Lender thereof. The relevant Issuing Bank Lender shall notify the Administrative Agent, not later than 1:00 p.m., 10 ten (10) Business Days after receipt of such request whether it consents consents, in its sole discretion, to the issuance of Letters of Credit in such requested currency. 13. Any failure by the relevant Issuing Bank Lender to respond to such request within the time period specified in the preceding sentence shall be deemed to be a refusal by the relevant Issuing Bank to permit Lender of Letters of Credit to be issued in such requested currency. If the relevant Administrative Agent and the Issuing Bank consents Lender consent to the issuance of Letters of Credit in such requested currency, the Administrative Agent shall so notify the US Borrower and such currency shall thereupon be deemed for all purposes to be an Alternative Currency hereunder for the purposes of any Letter of Credit issuances by such Issuing BankCurrency. If the relevant Issuing Bank does not Administrative Agent shall fail to obtain consent to any request for an additional currency under this Section 1.101.5, the Administrative Agent shall promptly so notify the US Borrower. Any specified currency of an Existing Letter of Credit that is neither Dollars nor one of the Alternative Currencies specifically listed in the definition of “Alternative Currency” shall be deemed an Alternative Currency with respect to such Existing Letter of Credit only. (b) 14. Each obligation of the Borrower to make a payment denominated in the national currency unit of any member state of the European Union that adopts the Euro as its lawful currency after the date hereof shall be redenominated into Euro at the time of such adoption. 15. Each provision of this Agreement shall be subject to such reasonable changes of construction as the Administrative Agent may from time to time specify with to be appropriate to reflect the US Borrower’s consent adoption of the Euro by any member state of the European Union and any relevant market conventions or practices relating to appropriately the Euro. 16. Each provision of this Agreement also shall be subject to such reasonable changes of construction as the Administrative Agent may from time to time specify to be appropriate to reflect a change in currency of any other country and any relevant market conventions or practices relating to such the change in currency.