Common use of Contractual Currency Clause in Contracts

Contractual Currency. (a) This is an international transaction in which the specification of the currency of payments is of the essence. Each payment under this Agreement will be made in Dollars (the "CONTRACTUAL CURRENCY"). Any obligation to make payments under this Agreement in the Contractual Currency will not be, to the extent permitted by applicable law, discharged or satisfied by any tender in any currency other than the Contractual Currency. (b) To the extent permitted by applicable law, rule or regulation, if any judgment or order expressed in a currency other than the Contractual Currency is rendered for the payment of any amount owing in respect of this Agreement or the other Loan Documents or in respect of a judgment or order of another court for the payment of any amount owing in respect of this Agreement or the other Loan Documents, the party to which such payment is owed, after recovery in full of the aggregate amount to which such party is entitled pursuant to the judgment or order, will be entitled to receive immediately from the other party the amount of any shortfall of the Contractual Currency received by such party as a consequence of sums paid in such other currency (and will refund promptly to the other party any excess of the Contractual Currency received by such party) if such shortfall (or such excess) arises or results from any variation between (i) the rate of exchange at which the currency of the judgment or order is converted into the Contractual Currency on the date of entry of such judgment or order and (ii) the rate of exchange at which such party is able to purchase the Contractual Currency with the amount of the currency of the judgment or order actually received by such party. The term "rate of exchange" includes any premiums and costs of exchange payable in connection with the purchase of or conversion into the Contractual Currency.

Contractual Currency. (a) This is an international transaction in which the specification of the currency of payments is of the essence. Each Except as otherwise provided herein, each payment under this Agreement will be made in Dollars (the "CONTRACTUAL CURRENCYCurrency"). Any obligation to make payments under this Agreement or any other Operative Agreements in the Contractual Currency will not be, to the extent permitted by applicable lawLaw, discharged or satisfied by any tender in any currency other than the Contractual CurrencyCurrency (unless otherwise specified herein or therein). (b) To the extent permitted by applicable lawLaw, rule or regulation, if any judgment or order expressed in a currency other than the Contractual Currency is rendered for the payment of any amount owing in respect of this Agreement or the any other Loan Documents Operative Agreement or in respect of a judgment or order of another court for the payment of any amount owing in respect of this Agreement or the any other Loan DocumentsOperative Agreement, the party to which such payment is owed, after recovery in full of the aggregate amount to which such party is entitled pursuant to the judgment or order, will be entitled to receive immediately from the other party the amount of any shortfall of the Contractual Currency received by such party as a consequence of sums paid in such other currency (and will refund promptly to the other party any excess of the Contractual Currency received by such party) if such shortfall (or such excess) arises or results from any variation between (i) the rate of exchange at which the currency of the judgment or order is converted into the Contractual Currency on the date of entry of such judgment or order and (ii) the rate of exchange at which such party is able to purchase the Contractual Currency with the amount of the currency of the judgment or order actually received by such party. The term "rate of exchange" includes any premiums and costs of exchange payable in connection with the purchase of or conversion into the Contractual Currency.

Contractual Currency. (a) This is an international transaction in which the specification of the currency of payments is of the essence. Each Except as otherwise provided herein, each payment under this Agreement will be made in Dollars (the "CONTRACTUAL CURRENCY"). Any obligation to make payments under this Agreement or any other Operative Agreements in the Contractual Currency will not be, to the extent permitted by applicable lawLaw, discharged or satisfied by any tender in any currency other than the Contractual Currency.Currency (unless otherwise specified herein or therein). --------- * Confidential (b) To the extent permitted by applicable lawLaw, rule or regulation, if any judgment or order expressed in a currency other than the Contractual Currency is rendered for the payment of any amount owing in respect of this Agreement or the any other Loan Documents Operative Agreements or in respect of a judgment or order of another court for the payment of any amount owing in respect of this Agreement or the any other Loan DocumentsOperative Agreements, the party to which such payment is owed, after recovery in full of the aggregate amount to which such party is entitled pursuant to the judgment or order, will be entitled to receive immediately from the other party the amount of any shortfall of the Contractual Currency received by such party as a consequence of sums paid in such other currency (and will refund promptly to the other party any excess of the Contractual Currency received by such party) if such shortfall (or such excess) arises or results from any variation between (i) the rate of exchange at which the currency of the judgment or order is converted into the Contractual Currency on the date of entry of such judgment or order and (ii) the rate of exchange at which such party is able to purchase the Contractual Currency with the amount of the currency of the judgment or order actually received by such party. The term "rate of exchange" includes any premiums and costs of exchange payable in connection with the purchase of or conversion into the Contractual Currency.

Contractual Currency. (a) This is an international transaction in which the specification of the currency of payments is of the essence. Each Except as otherwise provided herein, each payment under this Agreement will be made in Dollars (the "CONTRACTUAL CURRENCY"). Any obligation to make payments under this Agreement or any other Operative Agreements in the Contractual Currency will not be, to the extent permitted by applicable lawLaw, discharged or satisfied by any tender in any currency other than the Contractual CurrencyCurrency (unless otherwise specified herein or therein). (b) To the extent permitted by applicable lawLaw, rule or regulation, if any judgment or order expressed in a currency other than the Contractual Currency is rendered for the payment of any amount owing in respect of this Agreement or the any other Loan Documents Operative Agreements or in respect of a judgment or order of another court for the payment of any amount owing in respect of this Agreement or the any other Loan DocumentsOperative Agreements, the party to which such payment is owed, after recovery in full of the aggregate amount to which such party is entitled pursuant to the judgment or order, will be entitled to receive immediately from the other party the amount of any shortfall of the Contractual Currency received by such party as a consequence of sums paid in such other currency (and will refund promptly to the other party any excess of the Contractual Currency received by such party) if such shortfall (or such excess) arises or results from any variation between (i) the rate of exchange at which the currency of the judgment or order is converted into the Contractual Currency on the date of entry of such judgment or order and (ii) the rate of exchange at which such party is able to purchase the Contractual Currency with the amount of the currency of the judgment or order actually received by such party. The term "rate of exchange" includes any premiums and costs of exchange payable in connection with the purchase of or conversion into the Contractual Currency.. ------- * Confidential

Contractual Currency. (a) This is an international transaction in which the specification of the currency of payments is of the essence. Each Except as otherwise provided herein, each payment under this Agreement will be made in Dollars (the "CONTRACTUAL CURRENCY"). Any obligation to make payments under this Agreement or any other Operative Agreements in the Contractual Currency will not be, to the extent permitted by applicable lawLaw, discharged or satisfied by any tender in any currency other than the Contractual CurrencyCurrency (unless otherwise specified herein or therein). (b) To the extent permitted by applicable lawLaw, rule or regulation, if any judgment or order expressed in a currency other than the Contractual Currency is rendered for the payment of any amount owing in respect of this Agreement or the any other Loan Documents Operative Agreements or in respect of a judgment or order of another court for the payment of any amount owing in respect of this Agreement or the any other Loan DocumentsOperative Agreements, the party to which such payment is owed, after recovery in full of the aggregate amount to which such party is entitled pursuant to the judgment or order, will be entitled to receive immediately from the other party the amount of any shortfall of the Contractual Currency received by such party as a consequence of sums paid in such other currency (and will refund promptly to the other party any excess of the Contractual Currency received by such party) if such shortfall (or such excess) arises or results from any variation between (i) the rate of exchange at which the currency of the judgment or order is converted into the Contractual Currency on the date of entry of such judgment or order and (ii) the rate of exchange at which such party is able to purchase the Contractual Currency with the amount of the currency of the judgment or order actually received by such party. The term "rate of exchange" includes any premiums and costs of exchange payable in connection with the purchase of or conversion into the Contractual Currency.

Contractual Currency. (a) . (a) This is an international transaction in which the specification of the currency of payments is of the essence. Each payment under this Agreement will be made in Dollars (the "CONTRACTUAL CURRENCY"“Contractual Currency”). Any obligation to make payments under this Agreement in the Contractual Currency will not be, to the extent permitted by applicable law, discharged or satisfied by any tender in any currency other than the Contractual Currency. (b) To the extent permitted by applicable law, rule or regulation, if any judgment or order expressed in a currency other than the Contractual Currency is rendered for the payment of any amount owing in respect of this Agreement or the other Loan Documents or in respect of a judgment or order of another court for the payment of any amount owing in respect of this Agreement or the other Loan Documents, the party to which such payment is owed, after recovery in full of the aggregate amount to which such party is entitled pursuant to the judgment or order, will be entitled to receive immediately from the other party the amount of any shortfall of the Contractual Currency received by such party as a consequence of sums paid in such other currency (and will refund promptly to the other party any excess of the Contractual Currency received by such party) if such shortfall (or such excess) arises or results from any variation between (i) the rate of exchange at which the currency of the judgment or order is converted into the Contractual Currency on the date of entry of such judgment or order and (ii) the rate of exchange at which such party is able to purchase the Contractual Currency with the amount of the currency of the judgment or order actually received by such party. The term "“rate of exchange" ” includes any premiums and costs of exchange payable in connection with the purchase of or conversion into the Contractual Currency.

Contractual Currency. (a) This is an international transaction in which the specification of the currency of payments is of the essence. Each Except as otherwise provided herein, each payment under this Agreement will be made in Dollars (the "CONTRACTUAL CURRENCY"). Any obligation to make payments under this Agreement or any other Operative Agreement in the Contractual Currency will not be, to the extent permitted by applicable lawLaw, discharged or satisfied by any tender in any currency other than the Contractual CurrencyCurrency (unless otherwise specified herein or therein). (b) To the extent permitted by applicable lawLaw, rule or regulation, if any judgment or order expressed in a currency other than the Contractual Currency is rendered for the payment of any amount owing in respect of this Agreement or the any other Loan Documents Operative Agreement or in respect of a judgment or order of another court for the payment of any amount owing in respect of this Agreement or the any other Loan DocumentsOperative Agreement, the party to which such payment is owed, after recovery in full of the aggregate amount to which such party is entitled pursuant to the judgment or order, will be entitled to receive immediately from the other party the amount of any shortfall of the Contractual Currency received by such party as a consequence of sums paid in such other currency (and will refund promptly to the other party any excess of the Contractual Currency received by such party) if such shortfall (or such excess) arises or results from any variation between (i) the rate of exchange at which the currency of the judgment or order is converted into the Contractual Currency on the date of entry of such judgment or order and (ii) the rate of exchange at which such party is able to purchase the Contractual Currency with the amount of the currency of the judgment or order actually received by such party. The term "rate of exchange" includes any premiums and costs of exchange payable in connection with the purchase of or conversion into the Contractual Currency.

Contractual Currency. (a) This is an international transaction in which the specification of the currency of payments is of the essence. Each Except as otherwise provided herein, each payment under this Agreement will be made in Dollars (the "CONTRACTUAL CURRENCY"“Contractual Currency”). Any obligation to make payments under this Agreement or any other Operative Agreements in the Loan Agreement (2013) NYDOCS01/1266448.20 Contractual Currency will not be, to the extent permitted by applicable lawLaw, discharged or satisfied by any tender in any currency other than the Contractual CurrencyCurrency (unless otherwise specified herein or therein). (b) To the extent permitted by applicable lawLaw, rule or regulation, if any judgment or order expressed in a currency other than the Contractual Currency is rendered for the payment of any amount owing in respect of this Agreement or the any other Loan Documents Operative Agreements or in respect of a judgment or order of another court for the payment of any amount owing in respect of this Agreement or the any other Loan DocumentsOperative Agreements, the party to which such payment is owed, after recovery in full of the aggregate amount to which such party is entitled pursuant to the judgment or order, will be entitled to receive immediately from the other party the amount of any shortfall of the Contractual Currency received by such party as a consequence of sums paid in such other currency (and will refund promptly to the other party any excess of the Contractual Currency received by such party) if such shortfall (or such excess) arises or results from any variation between (i) the rate of exchange at which the currency of the judgment or order is converted into the Contractual Currency on the date of entry of such judgment or order and (ii) the rate of exchange at which such party is able to purchase the Contractual Currency with the amount of the currency of the judgment or order actually received by such party. The term "“rate of exchange" ” includes any premiums and costs of exchange payable in connection with the purchase of or conversion into the Contractual Currency.