Common use of Currency Fluctuations Clause in Contracts

Currency Fluctuations. (a) On the last Business Day of each calendar month or, in the event that the Exchange Rate fluctuates in excess of ten percent (10%) during such calendar month, any other Business Day in the reasonable discretion of the Agent (the “Calculation Date”), the Agent shall determine the Exchange Rate as of such date. The Exchange Rate so determined shall become effective on the first Business Day immediately following such determination (a “Reset Date”) and shall remain effective until the next succeeding Reset Date. Nothing contained in this Section 2.30 shall be construed to require the Agent to calculate compliance under this Section 2.30 more frequently than once each month. (b) On each Reset Date, the Agent shall determine the Dollar Equivalent Amount of the Canadian Revolving Exposure. (c) If, on any Reset Date, the Canadian Revolving Exposure or the Dollar Equivalent Amount of the Canadian Obligations exceeds the lesser of the Canadian Revolving Commitments and the Canadian Borrowing Base on such date (the amount of any such excess referred to herein as the “Excess Amount”) then (i) the Agent shall give notice thereof to the Borrowers within the applicable Borrower Group and the Applicable Lenders and (ii) within one (1) Business Day thereafter, such Borrowers shall cause such excess to be eliminated, either by repayment of Revolving Loans to such Borrowers or depositing of Cash Collateral with the Agent with respect to outstanding Letters of Credit issued for the account of such Borrowers, and until such Excess Amount is repaid or so cash collateralized, the Applicable Lenders shall not have any obligation to make any Loans.

Currency Fluctuations. (a) On the last each Business Day of each calendar month or, in the event that the Exchange Rate fluctuates in excess of ten percent (10%) during or such calendar month, any other Business Day in the reasonable discretion of the date determined by Agent (the “Calculation Date”), the Agent shall determine the Exchange Rate as of such date. The Exchange Rate so determined shall become effective on the first Business Day immediately following such determination (a “Reset Date”) and shall remain effective until the next succeeding Reset Date. Nothing contained in this Section 2.30 shall be construed to require the Agent to calculate compliance under this Section 2.30 more frequently than once each month. (b) On each Reset Date, the Agent shall determine the Dollar Equivalent Amount of the Canadian Revolving Revolver Exposure and the U.K. Revolver Exposure. (c) . If, on any Reset Date: (a) the Total Revolver Exposure exceeds the total amount of the Commitments on such date, (b) the Canadian Revolving Revolver Exposure or the Dollar Equivalent Amount of the Canadian Obligations on such date exceeds the lesser of the Canadian Revolving Commitments and Borrowing Base or the Canadian Revolver Commitments on such date, or (c) the U.K. Revolver Exposure on such date exceeds the lesser of the U.K. Borrowing Base or the U.K. Revolver Commitments on such date (in any case, the amount of any such excess referred to herein as the “Excess Amount”) then (i) the Agent shall give notice thereof to the Borrowers within the applicable Borrower Group Agent and the Applicable Lenders and (ii) within one (1) Business Day thereafter, such Borrowers shall cause such excess to be eliminated, either by repayment of Revolving Revolver Loans to such Borrowers or depositing of Cash Collateral with the Agent with respect to outstanding Letters of Credit issued for the account of such Borrowers, LC Obligations and until such Excess Amount is repaid or so cash collateralizedrepaid, the Applicable Lenders shall not have any obligation to make any LoansLoans and the Issuing Banks shall not have any obligation to issue any Letters of Credit.

Currency Fluctuations. (a) On the last Business Day of each calendar month or, in the event that the Exchange Rate fluctuates in excess of ten percent (10%) during such calendar month, any other Business Day in the reasonable discretion of the Agent (the “Calculation Date”), the Agent shall determine the Exchange Rate as of such date. The Exchange Rate so determined shall become effective on the first Business Day immediately following such determination (a “Reset Date”) and shall remain effective until the next succeeding Reset Date. Nothing contained in this Section 2.30 shall be construed to require the Agent to calculate compliance under this Section 2.30 more frequently than once each month. (b) On each Reset Date, the Agent shall determine the Dollar Equivalent Amount of the Canadian Revolving Exposure. (c) If, on any Reset Date, (i) the Canadian Revolving Exposure or the Dollar Equivalent Amount of the Canadian Obligations exceeds the lesser of the Canadian Revolving Commitments and the Canadian Borrowing Base on such date or (ii) the Tranche C Exposure exceeds the lesser of the Tranche C Commitments and the Tranche C Borrowing Base (the amount of any such excess referred to herein as the “Excess Amount”) then (i) the Agent shall give notice thereof to the Borrowers within the applicable Borrower Group and the Applicable Lenders and (ii) within one (1) Business Day thereafter, such Borrowers shall cause such excess to be eliminated, either by repayment of Revolving Loans to such Borrowers or depositing of Cash Collateral with the Agent with respect to outstanding Letters of Credit issued for the account of such Borrowers, and until such Excess Amount is repaid or so cash collateralized, the Applicable Lenders shall not have any obligation to make any Loans.

Currency Fluctuations. (a) On Not later than 1:00 p.m. (Boston time) on the last Business Day of each calendar month or, in the event that the Exchange Rate fluctuates in excess of ten percent (10%) during such calendar month, or any other Business Day in if requested by the reasonable discretion of the Canadian Agent before 10:00 a.m. on such day (the “"Calculation Date”"), the Administrative Agent shall determine the Exchange Rate as of such date. The Exchange Rate so determined shall become effective on the first Business Day immediately following such determination (a “"Reset Date”") and shall remain effective until the next succeeding Reset Date. Nothing contained in this Section 2.30 6.13 shall be construed to require the Administrative Agent to calculate compliance under this Section 2.30 6.13 more frequently than once each month, unless requested to do so by the Canadian Agent pursuant to the first sentence of this Section 6.13(a). (b) On Not later than 4:00 p.m. (Boston time) on each Reset Date, the Administrative Agent shall shall, in consultation with the Canadian Agent, determine the Dollar Equivalent Amount of the outstanding Canadian Revolving ExposureCredit Loans and Bankers' Acceptances. (c) If, on any Reset Date and on the Maturity Date, the Canadian Revolving Exposure or aggregate outstanding amount of the Dollar Equivalent Amount of all Canadian Revolving Credit Loans and the Dollar Equivalent of the Canadian Obligations aggregate face amount of all Bankers' Acceptances exceeds the lesser of the Total Canadian Revolving Commitments and the Canadian Borrowing Base on such date Commitment (the amount of any such excess referred to herein as the “"Canadian Excess Amount”") by more than one percent (1%) of the aggregate amount of such Commitment, then (iA) the Canadian Agent shall give notice thereof to the Borrowers within the applicable Canadian Borrower Group and the Applicable Lenders Canadian Banks and (iiB) within one two (12) Business Day Days thereafter, the Canadian Borrower shall repay or prepay Canadian Revolving Credit Loans in accordance with this Agreement in an aggregate principal amount such Borrowers shall cause such excess that, after giving effect thereto, the aggregate outstanding amount of the Dollar Equivalent of all Canadian Revolving Credit Loans and the Dollar Equivalent of the aggregate face amount of all Bankers' Acceptances no longer exceeds the Total Canadian Commitment. Notwithstanding the foregoing, to be eliminated, either by repayment avoid the incurrence of Revolving Loans to such Borrowers or depositing of Cash Collateral with the Agent breakage costs with respect to outstanding Letters Canadian Revolving Credit Loans which are Eurodollar Rate Loans, the Canadian Borrower shall not be obligated to repay any Canadian Revolving Credit Loan that is a Eurodollar Rate Loan until the end of Credit issued for the account Interest Period relating thereto to the extent that the unused amount of such Borrowers, the Domestic Commitments of the Domestic Banks which are affiliates of the Canadian Banks shall be greater than or equal to the Canadian Excess Amount. On each Reset Date and until such Excess Amount is the Canadian Revolving Credit Loans are repaid or so cash collateralizedin accordance with the first sentence of this paragraph (c), the Applicable Lenders Total Domestic Commitment shall not have any obligation be automatically reduced by an amount equal to make any Loansthe Canadian Excess Amount. Such reduction shall be made by reducing the Domestic Commitments of each such Domestic Bank that is an affiliate of a Canadian Bank by an amount equal to such Domestic Bank's Domestic Commitment Percentage of the Canadian Excess Amount.

Currency Fluctuations. (a) On the last each Business Day of each calendar month or, in the event that the Exchange Rate fluctuates in excess of ten percent (10%) during or such calendar month, any other Business Day in the reasonable discretion of the date determined by Agent (the “Calculation Date”), the Agent shall determine the Exchange Rate as of such date. The Exchange Rate so determined shall become effective on the first Business Day immediately following such determination (a “Reset Date”) and shall remain effective until the next succeeding Reset Date. Nothing contained in this Section 2.30 shall be construed to require the Agent to calculate compliance under this Section 2.30 more frequently than once each month. (b) On each Reset Date, the Agent shall determine the Dollar Equivalent Amount of the Canadian Revolving Revolver Exposure and the U.K. Revolver Exposure. (c) . If, on any Reset Date: (a) the Total Revolver Exposure exceeds the total amount of the Revolver Commitments on such date, (b) the Canadian Revolving Revolver Exposure or the Dollar Equivalent Amount of the Canadian Obligations on such date exceeds the lesser of the Canadian Revolving Commitments and Borrowing Base or the Canadian Revolver Commitments on such date, or (c) the U.K. Revolver Exposure on such date exceeds the lesser of the U.K. Borrowing Base or the U.K. Revolver Commitments on such date (in any case, the amount of any such excess referred to herein as the “Excess Amount”) then (i) the Agent shall give notice thereof to the Borrowers within the applicable Borrower Group Agent and the Applicable Lenders and (ii) within one (1) Business Day thereafter, such Borrowers shall cause such excess to be eliminated, either by repayment of Revolving Revolver Loans to such Borrowers or depositing of Cash Collateral with the Agent with respect to outstanding Letters of Credit issued for the account of such Borrowers, LC Obligations and until such Excess Amount is repaid or so cash collateralizedrepaid, the Applicable Lenders shall not have any obligation to make any LoansLoans and the Issuing Banks shall not have any obligation to issue any Letters of Credit.

Currency Fluctuations. 5.13.1 Not later than 1:00 p.m. (aprevailing time in the location of the Appropriate Notice Office) On on the last Business Day of each calendar month or, in the event that the Exchange Rate fluctuates in excess of ten percent (10%) % during such calendar month, any other Business Day in the reasonable discretion of the Administrative Agent (the “Calculation Date”), the Administrative Agent shall reasonably determine the Exchange Rate as of such date. The Exchange Rate so determined shall become effective on the first Business Day immediately following such determination (a “Reset Date”) and shall remain effective until the next succeeding Reset Date. Nothing contained in this Section 2.30 5.13 shall be construed to require the Administrative Agent to calculate compliance under this Section 2.30 5.13 more frequently than once each month. 5.13.2 Not later than 4:00 p.m. (bprevailing time in the location of the Appropriate Notice Office) On on each Reset Date, the Administrative Agent shall determine the Dollar Equivalent Amount of the Canadian Revolving Revolver Exposure. (c) 5.13.3 If, on any Reset Date, the Total Revolver Exposure exceeds the total amount of the Maximum Revolver Facility Amount on such date, or the Canadian Revolving Revolver Exposure or on such date exceeds the Dollar Equivalent Amount of the Canadian Obligations exceeds the lesser of the Canadian Revolving Commitments and the Canadian Borrowing Base Revolver Facility Amount on such date (the amount of any such excess referred to herein as the “Excess Amount”) then (i) the Administrative Agent shall give notice thereof to the Borrowers within the applicable Borrower Group and the Applicable Lenders and (ii) within one (1) Business Day thereafter, such Borrowers shall cause such excess to be eliminated, either by repayment of Revolving Revolver Loans to such Borrowers or depositing of Cash Collateral with the Administrative Agent with respect to outstanding Letters of Credit issued for the account of such Borrowers, LC Obligations and until such Excess Amount is repaid or so cash collateralizedrepaid, the Applicable Lenders shall not have any obligation to make any Loans.

Currency Fluctuations. (a) On the last each Business Day of each calendar month or, in the event that the Exchange Rate fluctuates in excess of ten percent (10%) during or such calendar month, any other Business Day in the reasonable discretion of the date determined by Agent (the “Calculation Date”), the Agent shall determine the Exchange Rate as of such date. The Exchange Rate so determined shall become effective on the first Business Day immediately following such determination (a “Reset Date”) and shall remain effective until the next succeeding Reset Date. Nothing contained in this Section 2.30 shall be construed to require the Agent to calculate compliance under this Section 2.30 more frequently than once each month. (b) On each Reset Date, the Agent shall determine the Dollar Equivalent Amount of the Canadian Revolving Revolver Exposure. (c) . If, on any Reset Date, : (a) the Total Revolver Exposure exceeds the total amount of the Commitments on such date or (b) the Canadian Revolving Revolver Exposure or the Dollar Equivalent Amount of the Canadian Obligations on such date exceeds the lesser of the Canadian Revolving Commitments and Borrowing Base or the Canadian Borrowing Base Revolver Commitments on such date date, (in any case, the amount of any such excess referred to herein as the “Excess Amount”) then (i) the Agent shall give notice thereof to the Borrowers within the applicable Borrower Group Agent and the Applicable Lenders and (ii) within one (1) Business Day thereafter, such Borrowers shall cause such excess to be eliminated, either by repayment of Revolving Revolver Loans to such Borrowers or depositing of Cash Collateral with the Agent with respect to outstanding Letters of Credit issued for the account of such Borrowers, LC Obligations and until such Excess Amount is repaid or so cash collateralizedrepaid, the Applicable Lenders shall not have any obligation to make any LoansLoans and the Issuing Banks shall not have any obligation to issue any Letters of Credit.