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 the Company on the Obligations in the currency expressed to be payable herein or under 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 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 the Company in respect of any such sum due to the 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 or such Lender, as applicable, of any sum adjudged to be so due in such other currency, the 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 or such Lender in the specified currency, the Company agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the 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 or such Lender in the specified currency, the Agent or such Lender, as the case may be, agrees to remit such excess to the Company.

Currency Equivalence. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due from the Company on the Obligations SPV hereunder in the currency expressed to be payable herein or under 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 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 the Company SPV in respect of any such sum due to the 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 or such Lenderother Person, as applicable, of any sum adjudged to be so due in such other currency, the 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 or such Lender other Person in the specified currency, the Company agreesSPV agrees to the extent such amount was originally due from the SPV, as a separate obligation and notwithstanding any such judgment, to indemnify the 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 or such Lender other Person in the specified currency, the Agent or such Lenderother Person, as the case may be, agrees to remit such excess to the CompanySPV.