Common use of Currencies Generally Clause in Contracts

Currencies Generally. (a) At any time, any reference in the definition of the term “Alternative Currency” or in any other provision of this Credit Agreement to the Currency of any particular nation means the lawful currency of such nation at such time whether or not the name of such Currency is the same as it was on the date hereof. For purposes of determining (i) whether the amount of any Revolving Loan, together with all other Revolving Loans, Swingline Loans and LOC Obligations outstanding or to be borrowed or issued at the same time as such Revolving Loan, would exceed the Committed Amount then in effect, (ii) whether the LOC Obligations exceed the LOC Committed Amount, and (iii) whether any Lender’s Commitment Percentage of any Revolving Loan (together with its Commitment Percentage of all other Revolving Loans, Swingline Loans and LOC Obligations then outstanding or to be borrowed or issued at the same time as such Revolving Loan) would exceed the amount of such Lender’s Commitment, the outstanding principal amount of any Revolving Loan or LOC Obligation that is denominated in any Alternative Currency shall be deemed to be the Dollar Equivalent of such amount of Alternative Currency determined as of the date of such Revolving Loan or LOC Obligation. Wherever in this Credit Agreement in connection with a Revolving Loan or LOC Obligation an amount, such as a required minimum or multiple amount, is expressed in Dollars, but such Revolving Loan or LOC Obligation is denominated in any Alternative Currency, such amount shall be the relevant Foreign Currency Equivalent of such Dollar amount (rounded to the nearest one thousandth). In addition, for purposes of complying with any requirement of this Credit Agreement stated in Dollars or calculating any ratio or other test set forth in this Credit Agreement, the amount of any Revolving Loan and LOC Obligation that is denominated in any Alternative Currency shall be deemed to be the Dollar Equivalent of such amount of Alternative Currency determined as of the date of such calculation. (b) Each obligation hereunder of any party hereto that is denominated in the National Currency of a state that is not a Participating Member State on the date hereof shall, effective from the date on which such state becomes a Participating Member State, be redenominated in Euro in accordance with the legislation of the European Union applicable to the European Monetary Union; provided that, if and to the extent that any such legislation provides that any such obligation of any such party payable within such Participating Member State by crediting an account of the creditor can be paid by the debtor either in Euro or such National Currency, such party shall be entitled to pay or repay such amount either in Euro or in such National Currency. If the basis of accrual of interest or fees expressed in this Credit Agreement with respect to any Alternative Currency of any country that becomes a Participating Member State after the date on which such currency becomes an Alternative Currency shall be inconsistent with any convention or practice in the interbank market for the basis of accrual of interest or fees in respect of Euro, such convention or practice shall replace such expressed basis effective as of and from the date on which such state becomes a Participating Member State; provided that, with respect to any Revolving Loan denominated in such currency that is outstanding immediately prior to such date, such replacement shall take effect at the end of the Interest Period therefor. (c) Without prejudice to the respective liabilities of the Borrower to the Lenders and the Lenders to the Borrower under or pursuant to this Agreement, each provision of this Credit Agreement shall be subject to such reasonable changes of construction as the Administrative Agent may from time to time, in consultation with the Initial Borrower, reasonably specify to be necessary or appropriate to reflect the introduction or changeover to Euro in any country that becomes a Participating Member State after the date hereof; provided that the Administrative Agent shall provide the Initial Borrower and each Lender with prior notice of the proposed change with an explanation of such change in sufficient time to permit the Initial Borrower and the Lenders an opportunity to respond to such proposed change.

Currencies Generally. (a) At any time, any reference in the definition of the term “Alternative Currency” or in any other provision of this Credit Agreement to the Currency of any particular nation means the lawful currency of such nation at such time whether or not the name of such Currency is the same as it was on the date hereof. For purposes of determining (i) whether the amount of any Revolving LoanAdvance, together with all other Revolving LoansAdvances, and Swingline Loans Advances and LOC Obligations Alternative Currency Swingline Advances then outstanding or to be borrowed or issued at the same time as such Revolving LoanAdvance, would exceed the Committed Amount then in effectFacility Amount, (ii) whether the LOC Obligations exceed the LOC Committed Amount, and (iii) whether any Lender’s Commitment Percentage Pro Rata Share of any Revolving Loan (Advance, together with its Commitment Percentage Pro Rata Share of all other Revolving LoansAdvances, and Swingline Loans Advances and LOC Obligations Alternative Currency Swingline Advances then outstanding or to be borrowed or issued at the same time as such Revolving Loan) Advance, would exceed the amount of such Lender’s Commitment, and (iii) whether Advances Outstanding are required to be prepaid, the outstanding principal amount of any Revolving Loan Advance or LOC Obligation Alternative Currency Swingline Advance that is denominated in any Alternative Foreign Currency shall be deemed to be the Dollar Equivalent of such amount of Alternative Foreign Currency determined as of the date of such Revolving Loan Advance or LOC ObligationAlternative Currency Swingline Advance. Wherever in this Credit Agreement in connection with a Revolving Loan an Advance or LOC Obligation Alternative Currency Swingline Advance an amount, such as a required minimum or multiple amount, is expressed in Dollars, but such Revolving Loan Advance or LOC Obligation Alternative Currency Swingline Advance is denominated in any Alternative a Foreign Currency, such amount shall be the relevant Foreign Currency Equivalent of such Dollar amount (rounded to the nearest one thousandth1,000 units of such Foreign Currency). In addition, for purposes of (A) complying with any requirement of this Credit Agreement stated in Dollars or and (B) calculating any ratio or other test set forth in this Credit Agreement, the amount of any Revolving Loan and LOC Obligation that is denominated in any Alternative a Foreign Currency shall be deemed to be the Dollar Equivalent of such amount of Alternative Foreign Currency determined as of the date of such calculation. . Without limitation, the following defined terms used in this Agreement (btogether with any defined terms in which such defined terms are used) Each obligation hereunder of any party hereto that is may require amounts denominated in a Foreign Currency to be calculated as the National Currency Dollar Equivalent of a state that is not a Participating Member State on the date hereof shallsuch amounts: “Aggregate Outstanding Loan Balance”, effective from the date on which such state becomes a Participating Member State, be redenominated in Euro in accordance with the legislation of the European Union applicable to the European Monetary Union; provided that, if and to the extent that any such legislation provides that any such obligation of any such party payable within such Participating Member State by crediting an account of the creditor can be paid by the debtor either in Euro or such National Currency, such party shall be entitled to pay or repay such amount either in Euro or in such National Currency. If the basis of accrual of interest or fees expressed in this Credit Agreement with respect to any “Alternative Currency of any country that becomes a Participating Member State after the date on which such currency becomes an Alternative Currency shall be inconsistent with any convention or practice in the interbank market for the basis of accrual of interest or fees in respect of EuroSub-Limit”, such convention or practice shall replace such expressed basis effective as of “Borrowing Base”, “Concentration Limits”, “Fair Market Value”, “Hedge Percentage”, “Interest Collections”, “Outstanding Loan Balance”, “Permitted Investments”, “Portfolio Outstanding Loan Balance”, “Principal Collections”, “Scheduled Payment”, and from the date on which such state becomes a Participating Member State; provided that, with respect to any Revolving Loan denominated in such currency that is outstanding immediately prior to such date, such replacement shall take effect at the end of the Interest Period therefor“Senior Servicing Fee” and “Subordinated Servicing Fee”. (c) Without prejudice to the respective liabilities of the Borrower to the Lenders and the Lenders to the Borrower under or pursuant to this Agreement, each provision of this Credit Agreement shall be subject to such reasonable changes of construction as the Administrative Agent may from time to time, in consultation with the Initial Borrower, reasonably specify to be necessary or appropriate to reflect the introduction or changeover to Euro in any country that becomes a Participating Member State after the date hereof; provided that the Administrative Agent shall provide the Initial Borrower and each Lender with prior notice of the proposed change with an explanation of such change in sufficient time to permit the Initial Borrower and the Lenders an opportunity to respond to such proposed change.

Currencies Generally. (a) At any time, any reference in the definition of the term “Alternative Currency” or in any other provision of this Credit Agreement to the Currency of any particular nation means the lawful currency of such nation at such time whether or not the name of such Currency is the same as it was on the date hereof. For purposes of determining (i) whether the amount of any Revolving Loan, together with all other Revolving Loans, Swingline Loans and LOC Obligations outstanding or to be borrowed or issued at the same time as such Revolving Loan, would exceed the Committed Amount then in effect, Commitments and (ii) whether the LOC Obligations exceed the LOC Committed Amount, and (iii) whether any Lender’s Commitment Percentage of any Revolving Loan (Loan, together with its Commitment Percentage of all other Revolving Loans, Swingline Loans and LOC Obligations then outstanding or to be borrowed or issued at the same time as such Revolving Loan) , would exceed the amount of such Lender’s Commitment, the outstanding principal amount of any Revolving Loan or LOC Obligation that is denominated in any Alternative Foreign Currency shall be deemed to be the Dollar Equivalent of such amount of Alternative Foreign Currency determined as of the date of such Revolving Loan or LOC ObligationLoan. Wherever in this Credit Agreement in connection with a Revolving Loan or LOC Obligation an amount, such as a required minimum or multiple amount, is expressed in Dollars, but such Revolving Loan or LOC Obligation is denominated in any Alternative a Foreign Currency, such amount shall be the relevant Foreign Currency Equivalent of such Dollar amount (rounded to the nearest one thousandth1,000 units of such Foreign Currency). In addition, for purposes of (x) complying with any requirement of this Credit Agreement stated in Dollars or and (y) calculating any ratio or other test set forth in this Credit Agreement, the amount of any Revolving Loan and LOC Obligation that is denominated in any Alternative a Foreign Currency shall be deemed to be the Dollar Equivalent of such amount of Alternative Foreign Currency determined as of the date of such calculation. (b) Each obligation hereunder of any party hereto that is denominated in the National Currency of a state that is not a Participating Member State on the date hereof shall, effective from the date on which such state becomes a Participating Member State, be redenominated in Euro in accordance with the legislation of the European Union applicable to the European Monetary Union; provided that, if and to the extent that any such legislation provides that any such obligation of any such party payable within such Participating Member State by crediting an account of the creditor can be paid by the debtor either in Euro or such National Currency, such party shall be entitled to pay or repay such amount either in Euro or in such National Currency. If the basis of accrual of interest or fees expressed in this Credit Agreement with respect to any Alternative Currency of any country that becomes a Participating Member State after the date on which such currency becomes an Alternative Currency shall be inconsistent with any convention or practice in the interbank market for the basis of accrual of interest or fees in respect of Euro, such convention or practice shall replace such expressed basis effective as of and from the date on which such state becomes a Participating Member State; provided that, with respect to any Revolving Loan denominated in such currency that is outstanding immediately prior to such date, such replacement shall take effect at the end of the Interest Period therefor. (c) Without prejudice to the respective liabilities of the Borrower to the Lenders and the Lenders to the Borrower under or pursuant to this Agreement, each provision of this Credit Agreement shall be subject to such reasonable changes of construction as the Administrative Agent may from time to time, in consultation with the Initial Borrower, reasonably specify to be necessary or appropriate to reflect the introduction or changeover to Euro in any country that becomes a Participating Member State after the date hereof; provided that the Administrative Agent shall provide the Initial Borrower and each Lender with prior notice of the proposed change with an explanation of such change in sufficient time to permit the Initial Borrower and the Lenders an opportunity to respond to such proposed change.

Currencies Generally. (a) At any time, any reference in the definition of the term “"Alternative Lending Currency” " or in any other provision of this Credit Agreement to the Currency of any particular nation means the lawful currency of such nation at such time whether or not the name of such Currency is the same as it was on the date hereof. For purposes of determining determining, on any date a Revolving Loan is to be made or Letter of Credit is to be issued hereunder, (i) whether the amount of any such Revolving LoanLoan or Letter of Credit, together with all other Revolving Loans, Swingline Loans and LOC Obligations outstanding or to be borrowed or issued at the same time as such Revolving LoanLoan or Letter of Credit, as applicable, would exceed the Committed Amount then in effect, Commitments on such date and (ii) whether the LOC Obligations exceed the LOC Committed Amount, and (iii) whether any Lender’s 's Commitment Percentage of any such Revolving Loan (or Letter of Credit, together with its Commitment Percentage of all other Revolving Loans, Swingline Loans and LOC Obligations then outstanding or to be borrowed or issued at the same time as such Revolving Loan) Loan or Letter of Credit, would exceed the amount of such Lender’s Commitment's Commitment on such date, the outstanding principal amount of any Revolving Loan or LOC Obligation Letter of Credit that is denominated in any Alternative Lending Currency shall be deemed to be the Dollar Equivalent of such amount of Alternative Lending Currency determined as of the date of such Revolving Loan or LOC Obligationdate. Wherever in this Credit Agreement in connection with a Revolving Loan or LOC Obligation Letter of Credit an amount, such as a required minimum or multiple amount, is expressed in Dollars, but such Revolving Loan or LOC Obligation Letter of Credit is denominated in any an Alternative Lending Currency, such amount shall be the relevant Foreign Currency Equivalent of such Dollar amount (rounded to the nearest one thousandth1,000 units of such Alternative Lending Currency). In addition, for purposes of (x) complying with any requirement of this Credit Agreement stated in Dollars or and (y) calculating any ratio or other test set forth in this Credit Agreement, the amount of any Revolving Loan and Loan, Letter of Credit or LOC Obligation that is denominated in any an Alternative Lending Currency shall be deemed to be the Dollar Equivalent of such amount of Alternative Lending Currency determined as of the date of such calculation. (b) Each obligation hereunder of any party hereto that is denominated in the National Currency of a state that is not a Participating Member State on the date hereof shall, effective from the date on which such state becomes a Participating Member State, be redenominated in Euro in accordance with the legislation of the European Union applicable to the European Monetary Union; provided that, if and to the extent that any such legislation provides that any such obligation of any such party payable within such Participating Member State by crediting an account of the creditor can be paid by the debtor either in Euro or such National Currency, such party shall be entitled to pay or repay such amount either in Euro or in such National Currency. If the basis of accrual of interest or fees expressed in this Credit Agreement with respect to any Alternative Currency of any country that becomes a Participating Member State after the date on which such currency becomes an Alternative Currency shall be inconsistent with any convention or practice in the interbank market for the basis of accrual of interest or fees in respect of Euro, such convention or practice shall replace such expressed basis effective as of and from the date on which such state becomes a Participating Member State; provided that, with respect to any Revolving Loan denominated in such currency that is outstanding immediately prior to such date, such replacement shall take effect at the end of the Interest Period therefor. (c) Without prejudice to the respective liabilities of the Borrower to the Lenders and the Lenders to the Borrower under or pursuant to this Agreement, each provision of this Credit Agreement shall be subject to such reasonable changes of construction as the Administrative Agent may from time to time, in consultation with the Initial Borrower, reasonably specify to be necessary or appropriate to reflect the introduction or changeover to Euro in any country that becomes a Participating Member State after the date hereof; provided that the Administrative Agent shall provide the Initial Borrower and each Lender with prior notice of the proposed change with an explanation of such change in sufficient time to permit the Initial Borrower and the Lenders an opportunity to respond to such proposed change.