Common use of Currency Equivalence Clause in Contracts

Currency Equivalence. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due from any Borrower on the Obligations in the currency expressed to be payable herein or in an Application or under any other Loan Documents (the “specified currency”) into another currency, the parties agree that the rate of exchange used shall be that at which in accordance with normal banking procedures the Agent could purchase the specified currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of each Borrower in respect of any such sum due to the Agent, any Issuer or any Lender on the Obligations shall, notwithstanding any judgment in a currency other than the specified currency, be discharged only to the extent that on the Business Day following receipt by the Agent, such Issuer or such Lender, as applicable, of any sum adjudged to be so due in such other currency, the Agent, such Issuers or such Lender, as applicable, may in accordance with normal banking procedures purchase the specified currency with such other currency. If the amount of the specified currency so purchased is less than the sum originally due to the Agent, such Issuers or such Lender in the specified currency, the Borrowers agree, as a separate obligation and notwithstanding any such judgment, to indemnify the Agent, such Issuers or such Lender, as the case may be, against such loss, and if the amount of the specified currency so purchased exceeds the amount originally due to the Agent, such Issuer or such Lender in the specified currency, the Agent, such Issuer or such Lender, as the case may be, agrees to remit such excess to the Borrowers.

Currency Equivalence. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due from any Borrower the Seller on the Obligations Seller’s obligations in the currency expressed to be payable herein or in an Application or under any other Loan Documents (the “specified currency”) into another currency, the parties agree that the rate of exchange used shall be that at which in accordance with normal banking procedures the Agent Administrator could purchase the specified currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of each Borrower the Seller in respect of any such sum due to the Agent, any Issuer Administrator or any Lender Purchaser on the Obligations Seller’s obligations shall, notwithstanding any judgment in a currency other than the specified currency, be discharged only to the extent that on the Business Day following receipt by the Agent, such Issuer Administrator or such LenderPurchaser, as applicable, of any sum adjudged to be so due in such other currency, the Agent, such Issuers Administrator or such LenderPurchaser, as applicable, may in accordance with normal banking procedures purchase the specified currency with such other currency. If the amount of the specified currency so purchased is less than the sum originally due to the Agent, such Issuers Administrator or such Lender Purchaser in the specified currency, the Borrowers agreeSeller agrees to the extent such amount was originally due from the Seller, as a separate obligation and notwithstanding any such judgment, to indemnify the Agent, such Issuers Administrator or such LenderPurchaser, as the case may be, against such loss, and if the amount of the specified currency so purchased exceeds the amount originally due to the Agent, such Issuer Administrator or such Lender Purchaser in the specified currency, the Agent, such Issuer Administrator or such LenderPurchaser, as the case may be, agrees to remit such excess to the BorrowersSeller.

Currency Equivalence. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due from any Borrower the Borrowers on the Obligations Borrowers’ obligations in the currency expressed to be payable herein or in an Application or under any other Loan Documents (the “specified currency”) into another currency, the parties agree that the rate of exchange used shall be that at which in accordance with normal banking procedures the Agent Administrator could purchase the specified currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of each Borrower the Borrowers in respect of any such sum due to the Agent, any Issuer Administrator or any Lender on the Obligations Borrowers’ obligations shall, notwithstanding any judgment in a currency other than the specified currency, be discharged only to the extent that on the Business Day following receipt by the Agent, such Issuer Administrator or such Lender, as applicable, of any sum adjudged to be so due in such other currency, the Agent, such Issuers Administrator or such Lender, as applicable, may in accordance with normal banking procedures purchase the specified currency with such other currency. If the amount of the specified currency so purchased is less than the sum originally due to the Agent, such Issuers Administrator or such Lender in the specified currency, each Borrower agrees to the Borrowers agreeextent such amount was originally due from the Borrowers, as a separate obligation and notwithstanding any such judgment, to indemnify the Agent, such Issuers Administrator or such Lender, as the case may be, against such loss, and if the amount of the specified currency so purchased exceeds the amount originally due to the Agent, such Issuer Administrator or such Lender in the specified currency, the Agent, such Issuer Administrator or such Lender, as the case may be, agrees to remit such excess to the Borrowers.

Currency Equivalence. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due from any a Borrower on hereunder or under the Obligations Applications in the currency expressed to be payable herein or in an Application or under any other Loan Documents the Applications (the “"specified currency”") into another currency, the parties agree that the rate of exchange used shall be that at which in accordance with normal banking procedures the Agent could purchase the specified currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of each Borrower the Borrowers in respect of any such sum due to any Bank or the Agent, Agent hereunder or under any Issuer or any Lender on the Obligations Note shall, notwithstanding any judgment in a currency other than the specified currency, be discharged only to the extent that that, on the Business Day following receipt by receipt, such Bank or the Agent, such Issuer or such Lender, as applicable, of any sum adjudged to be so due in such other currency, the Agent, such Issuers or such Lender, as applicable, may in accordance with normal banking procedures purchase the specified currency with such other currency. If the amount of the specified currency so purchased is less than the sum originally due to such Bank or the Agent, such Issuers or such Lender Agent in the specified currency, the Borrowers agree, as a separate obligation and notwithstanding any such judgment, to indemnify such Bank and the Agent, such Issuers or such Lender, as the case may be, Agent against such loss, and if the amount of the specified currency so purchased exceeds the sum of (a) the amount originally due to the Agent, such Issuer applicable Bank or such Lender the Agent in the specified currencycurrency plus (b) any amounts shared with other Banks as a result of allocations of such excess as a disproportionate payment to such Bank under Section 15.7 hereof, such Bank or the Agent, such Issuer or such Lender, as the case may be, agrees to remit such excess to the Borrowers.

Currency Equivalence. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due from any the Borrower on the Obligations in the currency expressed to be payable herein or in an Application or under any other Loan Documents the Notes (the “specified currency”) into another currency, the parties agree that the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the specified currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of each the Borrower in respect of any such sum due to the Agent, any Issuer Administrative Agent or any Lender on the Obligations shall, notwithstanding any judgment in a currency other than the specified currency, be discharged only to the extent that on the Business Day following receipt by the Agent, such Issuer Administrative Agent or such Lender, as applicable, of any sum adjudged to be so due in such other currency, the Agent, such Issuers Administrative Agent or such Lender, as applicable, may in accordance with normal banking procedures purchase the specified currency with such other currency. If the amount of the specified currency so purchased is less than the sum originally due to the Agent, such Issuers Agent or such Lender in the specified currency, the Borrowers agreeBorrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Agent, such Issuers Administrative Agent or such Lender, as the case may be, against such loss, and if the amount of the specified currency so purchased exceeds the amount originally due to the Agent, such Issuer Administrative Agent or such Lender in the specified currency, the Agent, such Issuer Administrative Agent or such Lender, as the case may be, agrees to remit such excess to the BorrowersBorrower.

Currency Equivalence. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due from any the Borrower on the Obligations hereunder in the currency expressed to be payable herein or in an Application or under any other Loan Documents (the “specified currency”) into another currency, the parties agree that the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the specified currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of each the Borrower in respect of any such sum due to the Agent, any Issuer Administrative Agent or any Lender on the Obligations other Person hereunder shall, notwithstanding any judgment in a currency other than the specified currency, be discharged only to the extent that on the Business Day following receipt by the Agent, such Issuer Administrative Agent or such Lenderother Person, as applicable, of any sum adjudged to be so due in such other currency, the Agent, such Issuers Administrative Agent or such Lenderother Person, as applicable, may in accordance with normal banking procedures purchase the specified currency with such other currency. If the amount of the specified currency so purchased is less than the sum originally due to the Agent, such Issuers Administrative Agent or such Lender other Person in the specified currency, the Borrowers agreeBorrower agrees to the extent such amount was originally due from the Borrower, as a separate obligation and notwithstanding any such judgment, to indemnify the Agent, such Issuers Administrative Agent or such Lenderother Person, as the case may be, against such loss, and if the amount of the specified currency so purchased exceeds the amount originally due to the Agent, such Issuer Administrative Agent or such Lender other Person in the specified currency, the Agent, such Issuer or such Lender, as the case may be, agrees to remit such excess to the Borrowers.

Currency Equivalence. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due from any Borrower on the Obligations in the currency expressed to be payable herein or in an Application or under any other Loan Documents the Revolving Credit Notes (the “specified currency”) into another currency, the parties agree that the rate of exchange used shall be that at which in accordance with normal banking procedures the Agent could purchase the specified currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of each Borrower in respect of any such sum due to the Agent, any Issuer or any Lender on the Obligations shall, notwithstanding any judgment in a currency other than the specified currency, be discharged only to the extent that on the Business Day following receipt by the Agent, such Issuer or such Lender, as applicable, of any sum adjudged to be so due in such other currency, the Agent, such Issuers or such Lender, as applicable, may in accordance with normal banking procedures purchase the specified currency with such other currency. If the amount of the specified currency so purchased is less than the sum originally due to the Agent, such Issuers or such Lender in the specified currency, the Borrowers agree, as a separate obligation and notwithstanding any such judgment, to indemnify the Agent, such Issuers or such Lender, as the case may be, against such loss, and if the amount of the specified currency so purchased exceeds the amount originally due to the Agent, such Issuer or such Lender in the specified currency, the Agent, such Issuer or such Lender, as the case may be, agrees to remit such excess to the Borrowers.

Currency Equivalence. If for the purposes of obtaining -------------------- judgment in any court it is necessary to convert a sum due from any the Borrower on the Obligations in the currency expressed to be payable herein or in an Application or under any other Loan Documents (the “"specified currency”") into another currency, the parties agree that the rate of exchange used shall be that at which in accordance with normal banking procedures the Agent each Lender could purchase the specified currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of each the Borrower in respect of any such sum due to the Agent, any Issuer or any a Lender on the Obligations shall, notwithstanding any judgment in a currency other than the specified currency, be discharged only to the extent that on the Business Day following receipt by the Agent, such Issuer or such Lender, as applicable, Lender of any sum adjudged to be so due in such other currency, the Agent, such Issuers or such Lender, as applicable, Lender may in accordance with normal banking procedures purchase the specified currency with such other currency. If the amount of the specified currency so purchased is less than the sum originally due to the Agent, such Issuers or such Lender in the specified currency, the Borrowers agreeBorrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Agent, such Issuers or such Lender, as the case may be, Lender against such loss, and if the amount of the specified currency so purchased exceeds the amount originally due to the Agent, such Issuer or such Lender in the specified currency, the Agent, such Issuer or such Lender, as the case may be, Lender agrees to remit such excess to the BorrowersBorrower.

Currency Equivalence. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due from any the Borrower on the Borrower Obligations in the currency expressed to be payable herein or in an Application or under any other Loan Documents (the “specified currency”) into another currency, the parties agree that the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the specified currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of each the Borrower in respect of any such sum due to the Agent, any Issuer Administrative Agent or any Lender Credit Party on the Borrower Obligations shall, notwithstanding any judgment in a currency other than the specified currency, be discharged only to the extent that on the Business Day following receipt by the Agent, such Issuer Administrative Agent or such LenderCredit Party, as applicable, of any sum adjudged to be so due in such other currency, the Agent, such Issuers Administrative Agent or such LenderCredit Party, as applicable, may in accordance with normal banking procedures purchase the specified currency with such other currency. If the amount of the specified currency so purchased is less than the sum originally due to the Agent, such Issuers Administrative Agent or such Lender Credit Party in the specified currency, the Borrowers agreeBorrower agrees to the extent such amount was originally due from the Borrower, as a separate obligation and notwithstanding any such judgment, to indemnify the Agent, such Issuers Administrative Agent or such LenderCredit Party, as the case may be, against such loss, and if the amount of the specified currency so purchased exceeds the amount originally due to the Agent, such Issuer Administrative Agent or such Lender Credit Party in the specified currency, the Agent, such Issuer Administrative Agent or such LenderCredit Party, as the case may be, agrees to remit such excess to the BorrowersBorrower.

Currency Equivalence. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due from any the Borrower on the Borrower Obligations in the currency expressed to be payable herein or in an Application or under any other Loan Documents (the “specified currency”) into another currency, the parties agree that the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the specified currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of each the Borrower in respect of any such sum due to the Agent, any Issuer Administrative Agent or any Lender Credit Party on the Borrower Obligations shall, notwithstanding any judgment in a currency other than the specified currency, be discharged only to the extent that on the Business Day following receipt by the Agent, such Issuer Administrative Agent or such LenderCredit Party, as applicable, of any sum adjudged to be so due in such other currency, the Agent, such Issuers Administrative Agent or such LenderCredit Party, as applicable, may in accordance with normal banking procedures purchase the specified currency with such other currency. If the amount of the specified currency so purchased is less than the sum originally due to the Agent, such Issuers Administrative Agent or such Lender Credit Party in the specified currency, the Borrowers agreeBorrower agrees to the extent such amount was originally due from the Borrower, as a separate obligation and notwithstanding any such judgment, to indemnify the Agent, such Issuers Administrative Agent or such LenderCredit Party, as the case may be, against such loss, and if the amount of the specified currency so purchased exceeds the amount originally due to the Agent, such Issuer Administrative Agent or such Lender Credit Party in the specified currency, the Agent, such Issuer Administrative Agent or such LenderCredit Party, as the case may be, agrees to remit such excess to the Borrowers.Borrower. 109

Currency Equivalence. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due from any Borrower on the Obligations in the currency expressed to be payable herein or in an Application or under any other Loan Documents the Revolving Credit Notes (the “"specified currency”") into another currency, the parties agree that the rate of exchange used shall be that at which in accordance with normal banking procedures the Agent could purchase the specified currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of each Borrower in respect of any such sum due to the Agent, any Issuer or any Lender on the Obligations shall, notwithstanding any judgment in a currency other than the specified currency, be discharged only to the extent that on the Business Day following receipt by the Agent, such Issuer or such Lender, as applicable, of any sum adjudged to be so due in such other currency, the Agent, such Issuers or such Lender, as applicable, may in accordance with normal banking procedures purchase the specified currency with such other currency. If the amount of the specified currency so purchased is less than the sum originally due to the Agent, such Issuers or such Lender in the specified currency, the Borrowers agree, as a separate obligation and notwithstanding any such judgment, to indemnify the Agent, such Issuers or such Lender, as the case may be, against such loss, and if the amount of the specified currency so purchased exceeds the amount originally due to the Agent, such Issuer or such Lender in the specified currency, the Agent, such Issuer or such Lender, as the case may be, agrees to remit such excess to the Borrowers.

Currency Equivalence. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due from any Borrower the SPVs on the Obligations Aggregate Unpaids in the currency expressed to be payable herein or in an Application or under any other Loan Documents (the “specified currency”) into another currency, the parties agree that the rate of exchange used shall be that at which in accordance with normal banking procedures the Facility Agent could purchase the specified currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of each Borrower the SPVs in respect of any such sum due to the Agent, any Issuer Facility Agent or any Lender on the Obligations Aggregate Unpaids shall, notwithstanding any judgment in a currency other than the specified currency, be discharged only to the extent that on the Business Day following receipt by the Agent, such Issuer Facility Agent or such Lender, as applicable, of any sum adjudged to be so due in such other currency, the Agent, such Issuers Facility Agent or such Lender, as applicable, may in accordance with normal banking procedures purchase the specified currency with such other currency. If the amount of the specified currency so purchased is less than the sum originally due to the Agent, such Issuers Facility Agent or such Lender in the specified currency, each SPV agrees to the Borrowers agreeextent such amount was originally due from such SPV, as a separate obligation and notwithstanding any such judgment, to indemnify the Agent, such Issuers Facility Agent or such Lender, as the case may be, against such loss, and if the amount of the specified currency so purchased exceeds the amount originally due to the Agent, such Issuer Facility Agent or such Lender in the specified currency, the Agent, such Issuer Facility Agent or such Lender, as the case may be, agrees to remit such excess to the BorrowersSPVs.

Currency Equivalence. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due from any Borrower the Seller on the Obligations Seller’s obligations under this Agreement or any other Transaction Document to which it is a party in the currency expressed to be payable herein or in an Application or under any other Loan Documents (the “specified currency”) into another currency, the parties agree that the rate of exchange used shall be that at which in accordance with normal banking procedures the Agent Administrator could purchase the specified currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of each Borrower the Seller in respect of any such sum due to the Agent, any Issuer Administrator or any Lender Affected Person on the Obligations Seller’s obligations under this Agreement or any other Transaction Document to which it is a party shall, notwithstanding any judgment in a currency other than the specified currency, be discharged only to the extent that on the Business Day following receipt by the Agent, such Issuer Administrator or such LenderAffected Person, as applicable, of any sum adjudged to be so due in such other currency, the Agent, such Issuers Administrator or such LenderAffected Person, as applicable, may in accordance with normal banking procedures purchase the specified currency with such other currency. If the amount of the specified currency so purchased is less than the sum originally due to the Agent, such Issuers Administrator or such Lender Affected Person in the specified currency, the Borrowers agreeSeller agrees to the extent such amount was originally due from the Seller, as a separate obligation and notwithstanding any such judgment, to indemnify the Agent, such Issuers Administrator or such LenderAffected Person, as the case may be, against such loss, and if the amount of the specified currency so purchased exceeds the amount originally due to the Agent, such Issuer Administrator or such Lender Affected Person in the specified currency, the Agent, such Issuer Administrator or such LenderAffected Person, as the case may be, agrees to remit such excess to the BorrowersSeller.