Common use of Currency Indemnity Clause in Contracts

Currency Indemnity. (a) U.S. Legal Tender is the sole currency of account and payment for all sums payable by the Issuer and any Note Guarantor under or in connection with the Notes or this Indenture, including damages. Any amount received or recovered in currency other than U.S. Legal Tender in respect of the Notes (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the Issuer, a Note Guarantor or any Subsidiary of the Issuer or otherwise) by any Holder of the Notes in respect of any sum expressed to be due to it from the Issuer or any Note Guarantor shall only constitute a discharge of them under the Notes and this Indenture only to the extent of the U.S. Legal Tender amount which the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable to make that purchase on that date, on the first date on which it is practicable to do so). If that U.S. Legal Tender amount is less than the U.S. Legal Tender amount expressed to be due to the recipient under the Notes or this Indenture, the Issuer and the Note Guarantors shall jointly and severally indemnify and hold harmless the recipient, to the greatest extent permitted by law, against any loss or cost sustained by it in making any such purchase. For the purposes of this Section 12.14, it will be sufficient for the Holder of a Note to certify that it would have suffered a loss had an actual purchase of U.S. Legal Tender been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of U.S. Legal Tender on such date had not been practicable, on the first date on which it would have been practicable). (b) The indemnities of the Issuer and the Note Guarantors contained in this Section 12.14, to the extent permitted by law: (i) constitute a separate and independent obligation from the other obligations of the Issuer and the Note Guarantors under this Indenture and the Notes; (ii) shall give rise to a separate and independent cause of action against the Issuer and the Note Guarantors; (iii) shall apply irrespective of any waiver granted by any Holder of the Notes or the Trustee from time to time; and (iv) shall continue in full force and effect notwithstanding any other judgment, order, claim or proof of claim for a liquidated amount in respect of any sum due under the Notes or this Indenture or any other judgment or order.

Currency Indemnity. (a) U.S. Legal Tender is dollars are the sole currency of account and payment for all sums payable by the Issuer and any Note Guarantor Company under or in connection with the Notes or this IndentureNotes, including damages. Any amount received or recovered in a currency other than U.S. Legal Tender in respect of the Notes dollars (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the Issuer, a Note Guarantor or any Subsidiary of the Issuer Company or otherwise) by any Holder of the Notes in respect of any sum expressed to be due to it from the Issuer or any Note Guarantor Company shall only constitute a discharge of them under to the Notes and this Indenture only Company to the extent of the U.S. Legal Tender dollar amount which the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable to make that purchase on that date, on the first date on which it is practicable to do so). If that U.S. Legal Tender dollar amount is less than the U.S. Legal Tender dollar amount expressed to be due to the recipient under the Notes or this Indentureany Note, the Issuer and Company shall indemnify the Note Guarantors shall jointly and severally indemnify and hold harmless the recipient, to the greatest extent permitted by law, recipient against any loss or cost sustained by it in as a result. In any event, the Company shall indemnify the recipient against the cost of making any such purchase. For the purposes of this Section 12.1413.09, it will be sufficient for the Holder of a Note to certify in a satisfactory manner (indicating the sources of information used) that it would have suffered a loss had an actual purchase of U.S. Legal Tender dollars been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of U.S. Legal Tender dollars on such date had not been practicable, on the first date on which it would have been practicable, it being required that the need for a change of date be certified in the manner mentioned above). (b) The . These indemnities of the Issuer and the Note Guarantors contained in this Section 12.14, to the extent permitted by law: (i) constitute a separate and independent obligation from the Company’s other obligations of the Issuer and the Note Guarantors under this Indenture and the Notes; (ii) obligations, shall give rise to a separate and independent cause of action against the Issuer and the Note Guarantors; (iii) action, shall apply irrespective of any waiver indulgence granted by any Holder of the Notes or the Trustee from time to time; and (iv) shall continue in full force and effect notwithstanding despite any other judgment, order, claim or proof of claim for a liquidated amount in respect of any sum due under the Notes or this Indenture or any other judgment or orderNote.

Currency Indemnity. The U.S. dollar (aor any of its successor currencies) U.S. Legal Tender is the sole currency of account and payment for all sums payable by the Issuer and any Note Guarantor under or in connection with the Notes or this Indenture, including damages. Any amount received or recovered in a currency other than the U.S. Legal Tender dollar in respect of the Notes (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the Issuer, a Note Guarantor or any Guarantor, any Subsidiary of the Issuer or otherwise) by any the Holder of the Notes in respect of any sum expressed to be due to it from the Issuer or any Note Guarantor shall only will constitute a discharge of them under the Notes and this Indenture Issuer only to the extent of the U.S. Legal Tender dollar amount which the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable possible to make that purchase on that date, on the first date on which it is practicable possible to do so). If that U.S. Legal Tender dollar amount is less than the U.S. Legal Tender dollar amount expressed to be due to the recipient under the Notes or this Indentureany Note, the Issuer and will indemnify the Note Guarantors shall jointly and severally indemnify and hold harmless the recipient, to the greatest extent permitted by law, recipient against any loss or cost sustained by it in as a result. In any event the Issuer will indemnify the recipient against the cost of making any such purchase. For the purposes of this Section 12.14indemnity, it will be sufficient for the Holder of a Note to certify that it would have suffered a loss had an actual purchase of U.S. Legal Tender dollars been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of U.S. Legal Tender dollars on such date had not been practicable, on the first date on which it would have been practicable). (b) The . These indemnities of the Issuer and the Note Guarantors contained in this Section 12.14, to the extent permitted by law: (i) constitute a separate and independent obligation from the other obligations of the Issuer and the Note Guarantors under this Indenture and the Notes; (ii) shall Issuer, will give rise to a separate and independent cause of action against the Issuer and the Note Guarantors; (iii) shall action, will apply irrespective of any waiver granted by any Holder of the Notes or the Trustee from time to time; holder and (iv) shall will continue in full force and effect notwithstanding despite any other judgment, order, claim or proof of claim for a liquidated amount in respect of any sum due under the Notes or this Indenture any Note or any other judgment or order.

Currency Indemnity. (a) U.S. Legal Tender is dollars are the sole currency of account and payment for all sums payable by the Issuer and any Note Guarantor Company or the Guarantors under or in connection with the Notes or Notes, this IndentureIndenture and the Note Guarantees, including damages. Any amount received or recovered in a currency other than U.S. Legal Tender in respect of the Notes dollars (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the Issuer, a Note Guarantor Company or any Subsidiary of the Issuer Guarantors or otherwise) by any Holder holder of the Notes a Note in respect of any sum expressed to be due to it from the Issuer Company or any Note Guarantor shall the Guarantors will only constitute a discharge of them under to the Notes and this Indenture only Company or the Guarantors, as the case may be, to the extent of the U.S. Legal Tender dollar amount which the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable to make that purchase on that date, on the first date on which it is practicable to do so). If that U.S. Legal Tender dollar amount is less than the U.S. Legal Tender dollar amount expressed to be due to the recipient under the Notes or this Indentureany Note, the Issuer and the Note Guarantors shall jointly and severally Company will indemnify and hold harmless the recipient, to the greatest extent permitted by law, such holder against any loss or cost sustained by it as a result; and if the amount of U.S. dollars so purchased is greater than the sum originally due to such holder, such holder will promptly remit such excess to the Paying Agent who will in turn remit such amount to the Company. In any event, the Company will indemnify the recipient against the cost of making any such purchase. . (b) For the purposes of this Section 12.14the preceding subsection, it will be sufficient for the Holder holder of a Note to certify in a satisfactory manner (indicating the sources of information used) that it would have suffered a loss had an actual purchase of U.S. Legal Tender dollars been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of U.S. Legal Tender dollars on such date had not been practicable, on the first date on which it would have been practicable, it being required that the need for a change of date be certified in the manner mentioned above). (b) The . These indemnities of the Issuer and the Note Guarantors contained in this Section 12.14, to the extent permitted by law: (i) constitute a separate and independent obligation from the other obligations of the Issuer Company and the Note Guarantors under this Indenture and the Notes; (ii) shall Guarantors, will give rise to a separate and independent cause of action against the Issuer and the Note Guarantors; (iii) shall action, will apply irrespective of any waiver indulgence granted by any Holder holder of the Notes or the Trustee from time to time; a Note and (iv) shall will continue in full force and effect notwithstanding despite any other judgment, order, claim or proof of claim for a liquidated amount in respect of any sum due under the Notes or this Indenture or any other judgment or orderNote.

Currency Indemnity. (a) The U.S. Legal Tender dollar is the sole currency of account and payment for all sums payable by the Issuer and any the Note Guarantor Guarantors under or in connection with the Notes or this Indenture, including damagesand the Note Guarantees (the “Contractual Currency”). Any amount received or recovered in currency other than U.S. Legal Tender the Contractual Currency in respect of the Notes or the Note Guarantees (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up winding up, liquidation or dissolution of the IssuerParent Guarantor, a Note Guarantor or any Subsidiary of the Issuer or otherwise) by any the Trustee or a Holder of the Notes in respect of any sum expressed to be due to it from the Issuer or any a Note Guarantor shall only constitute a discharge of them under the Notes and this Indenture Issuer or the Note Guarantor, as the case may be, only to the extent of the U.S. Legal Tender Contractual Currency amount which the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable possible to make that purchase on that date, on the first date on which it is practicable possible to do so). If that U.S. Legal Tender purchased amount is less than the U.S. Legal Tender Contractual Currency amount expressed to be due to the recipient under the Notes or this Indentureany Note, the Issuer and the Note Guarantors shall jointly and severally indemnify and hold harmless the recipient, to the greatest extent permitted by law, recipient against any loss or cost sustained by it in making any such purchaseas a result. For the purposes of this Section 12.14indemnity, it will be sufficient for the Trustee or a Holder of a Note to certify (indicating the sources of information used) that it would have suffered a loss had an the actual purchase of U.S. Legal Tender Contractual Currency been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of U.S. Legal Tender Contractual Currency on such date had not been practicablepossible, on the first date on which it would have been practicablepossible). (b) The indemnities Each of the Issuer and the Note Guarantors contained in this Section 12.14above indemnities will, to the extent permitted by law: : (i) constitute a separate and independent obligation from the other obligations of the Issuer and or the Note Guarantors under this Indenture and the Notes; Guarantors; (ii) shall give rise to a separate and independent cause of action against the Issuer and the Note Guarantors; action; (iii) shall apply irrespective of any waiver granted by any Holder of the Notes or the Trustee from time to time; and Holder; (iv) shall continue in full force and effect notwithstanding despite any other judgment, order, claim or proof of claim for a liquidated amount in respect of any sum due under the Notes or this Indenture any Note or any other judgment or order; (v) include attorneys’ fees and costs of enforcement; and (vi) survive the termination of the Indenture and the resignation or removal of the parties. The Issuer and the Note Guarantors agree to pay amounts under this indemnity on demand from the Trustee or a Holder. Neither the Trustee or any Holder has any obligation to investigate whether the conversion rate offered to it at the time of conversion is the best market rate and will have no liability whatsoever in connection with the conversion.

Currency Indemnity. (a) U.S. Legal Tender is the sole currency of account and payment for all sums payable by the Issuer and any Note Guarantor under or in connection with the Notes or this Indenture, including damages. Any To the greatest extent permitted under applicable law, any amount received or recovered in currency other than U.S. Legal Tender in respect of the Notes (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the Issuer, a Note Guarantor Issuer or any Subsidiary of the Issuer or otherwise) by any Holder of the Notes in respect of any sum expressed to be due to it from the Issuer or any Note Guarantor shall only constitute a discharge of them under the Notes and this Indenture only to the extent of the U.S. Legal Tender amount which the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable to make that purchase on that date, on the first date on which it is practicable to do so). If To the greatest extent permitted under applicable law, if that U.S. Legal Tender amount is less than the U.S. Legal Tender amount expressed to be due to the recipient under the Notes or this Indenture, the Issuer and the Note Guarantors shall jointly and severally indemnify and hold harmless the recipient, to the greatest extent permitted by law, recipient against any loss or cost sustained by it in making any such purchasepurchase to the greatest extent permitted under applicable law. For the purposes of this Section 12.1410.15, it will be sufficient for the Holder of a Note to certify that it would have suffered a loss had an actual purchase of U.S. Legal Tender been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of U.S. Legal Tender on such date had not been practicable, on the first date on which it would have been practicable). (b) The indemnities of the Issuer and the Note Guarantors contained in this Section 12.1410.15, to the extent permitted by law: (i) constitute a separate and independent obligation from the other obligations of the Issuer and the Note Guarantors under this Indenture and the Notes; (ii) shall give rise to a separate and independent cause of action against the Issuer and the Note GuarantorsIssuer; (iii) shall apply irrespective of any waiver granted by any Holder of the Notes or the Trustee from time to time; and (iv) shall continue in full force and effect notwithstanding any other judgment, order, claim or proof of claim for a liquidated amount in respect of any sum due under the Notes or this Indenture or any other judgment or order; and (v) may not be enforceable under Mexican law.

Currency Indemnity. (a) The U.S. Legal Tender dollar is the sole currency of account and payment for all sums payable by the Issuer and any Note Company or the Guarantor under or in connection with the Notes Notes, the Guarantees or this IndentureIndenture with respect to the Notes, including damages. Any amount received or recovered in currency other than U.S. Legal Tender dollars in respect of the Notes (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the IssuerCompany, a Note Guarantor or the Guarantor, any Subsidiary of the Issuer or otherwise) by any Holder of the Notes in respect of any sum expressed to be due to it from the Issuer Company or any Note the Guarantor shall only constitute a discharge of them under the Notes Notes, the Guarantor and this Indenture with respect to the Notes only to the extent of the U.S. Legal Tender dollar amount which the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable to make that purchase on that date, on the first date on which it is practicable to do so). If that U.S. Legal Tender dollar amount is less than the U.S. Legal Tender dollar amount expressed to be due to the recipient under the Notes Notes, the Guarantees or this IndentureIndenture with respect to the Notes, each of the Issuer Company and the Note Guarantors Guarantor shall jointly and severally indemnify and hold harmless the recipient, to the greatest extent permitted by law, recipient against any loss or cost sustained by it in making any such purchase. For the purposes of this Section 12.1412.13, it will be sufficient for the Holder of a Note to certify that it would have suffered a loss had an actual purchase of U.S. Legal Tender dollars been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of U.S. Legal Tender dollars on such date had not been practicable, on the first date on which it would have been practicable). (b) The indemnities of each of the Issuer Company and the Note Guarantors Guarantor contained in this Section 12.1412.13, to the extent permitted by law: (i) constitute a separate and independent obligation from the other obligations of each of the Issuer Company and the Note Guarantors Guarantor under the Notes, the Guarantor and this Indenture and with respect to the Notes; (ii) shall give rise to a separate and independent cause of action against each of the Issuer Company and the Note GuarantorsGuarantor; (iii) shall apply irrespective of any waiver granted by any Holder of the Notes or the Trustee with respect to the Notes from time to time; and (iv) shall continue in full force and effect notwithstanding any other judgment, order, claim or proof of claim for a liquidated amount in respect of any sum due under the Notes Notes, the Guarantees or this Indenture with respect to the Notes or any other judgment or order.

Currency Indemnity. (a) U.S. Legal Tender is Dollars are the sole currency of account and payment for all sums payable by the Issuer and any Note Guarantor or the Guarantors under or in connection with the Notes or this Indentureand the Note Guaranty, including damages. Any amount received or recovered in a currency other than U.S. Legal Tender in respect of the Notes Dollars (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the Issuer, a Note Guarantor or any Subsidiary of the Issuer or otherwise) by any Holder of the Notes a Note in respect of any sum expressed to be due to it from the Issuer or any Note Guarantor the Guarantors shall only constitute a discharge of them under to the Notes and this Indenture only Issuer or the Guarantors, as the case may be, to the extent of the U.S. Legal Tender Dollar amount which the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable to make that purchase on that date, on the first date on which it is practicable to do so). If that U.S. Legal Tender Dollar amount is less than the U.S. Legal Tender Dollar amount expressed to be due to the recipient under the Notes or this Indentureany Note, the Issuer and the Note Guarantors shall jointly and severally indemnify and hold harmless the recipient, to the greatest extent permitted by law, such Holder against any loss or cost sustained by it in as a result, and if the amount of U.S. Dollars so purchased is greater than the sum originally due to such Holder, such Holder shall, by accepting a Note, be deemed to have agreed to repay such excess. In any event, the Issuer and the Guarantors shall indemnify the recipient against the cost of making any such purchase. For the purposes of this Section 12.1411.07, it will shall be sufficient for the Holder of a Note to certify in a satisfactory manner (indicating the sources of information used) that it would have suffered a loss had an actual purchase of U.S. Legal Tender Dollars been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of U.S. Legal Tender Dollars on such date had not been practicable, on the first date on which it would have been practicable, it being required that the need for a change of date be certified in the manner mentioned above). (b) The . These indemnities of the Issuer and the Note Guarantors contained in this Section 12.14, to the extent permitted by law: (i) constitute a separate and independent obligation from the other obligations of the Issuer and the Note Guarantors under this Indenture and the Notes; (ii) Guarantors, shall give rise to a separate and independent cause of action against the Issuer and the Note Guarantors; (iii) action, shall apply irrespective of any waiver indulgence granted by any Holder of the Notes or the Trustee from time to time; a Note and (iv) shall continue in full force and effect notwithstanding despite any other judgment, order, claim or proof of claim for a liquidated amount in respect of any sum due under the Notes or this Indenture or any other judgment or orderNote.

Currency Indemnity. (a) U.S. Legal Tender is the sole currency of account The Company, and payment for each Guarantor, shall pay all sums payable by the Issuer and any Note Guarantor under or in connection with this Indenture, the Notes or this Indenturesuch Note Guarantee, including damagesas applicable, solely in U.S. dollars. Any amount received or recovered in a currency other than U.S. Legal Tender in respect of the Notes (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the Issuer, a Note Guarantor or any Subsidiary of the Issuer or otherwise) dollars by any Holder of the Notes payee, in respect of any sum expressed to be due to it from the Issuer Company or any Note Guarantor Guarantor, shall only constitute a discharge of them under to the Notes and this Indenture only Company or any such Guarantor to the extent of the U.S. Legal Tender dollar amount which the recipient such payee is able to purchase with the amount so received or recovered in that other currency on the date of that the receipt or recovery (or, if it is not practicable to make that the purchase on that date, on the first date on which it such payee is practicable able to do so). If that the U.S. Legal Tender dollar amount is less than the U.S. Legal Tender dollar amount expressed to be due to the recipient Trustees under the Notes this Indenture or any Holder under this IndentureIndenture or any Note, the Issuer Company, and any Guarantor, shall indemnify such payee against any loss it sustains as a result. In any event, the Company and the Note Guarantors shall jointly and severally indemnify and hold harmless the recipienteach payee, to the greatest extent permitted by under applicable law, against any loss or the cost sustained by it in of making any such purchasepurchase of U.S. dollars. For the purposes of this Section 12.1413.09, it will shall be sufficient for the Holder of a Note payee to certify in a satisfactory manner that it would have suffered a loss had an actual purchase of U.S. Legal Tender dollars been made with the amount so received in that other currency on the date of receipt or recovery (or, if a it was not practicable to make the purchase of U.S. Legal Tender on such date had not been practicablethat date, on the first date on which it would have been practicable)was able to do so. In addition, payees shall also be required to certify in a satisfactory manner the need for a change of the purchase date. (b) The indemnities of the Issuer and the Note Guarantors contained described in this Section 12.14, to the extent permitted by law: 13.09(a): (i1) constitute a separate and independent obligation from the other obligations of the Issuer Company and the Note Guarantors under this Indenture and the Notes; Guarantors; (ii2) shall give rise to a separate and independent cause of action against the Issuer and the Note Guarantors; action; (iii3) shall apply irrespective of any waiver indulgence granted by any Holder of the Notes or the Trustee from time to timeTrustees; and and (iv4) shall continue in full force and effect notwithstanding despite any other judgment, order, claim or proof of claim for a liquidated amount in respect of any sum due under the Notes or this Indenture Indenture, any Note or any other judgment or orderNote Guarantee.

Currency Indemnity. (a) U.S. Legal Tender is Dollars are the sole currency of account and payment for all sums payable by the Issuer and any Note Guarantor Company under or in connection with the Notes or this Indenture, including damages. Any amount received or recovered in a currency other than U.S. Legal Tender in respect of the Notes Dollars (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the Issuer, a Note Guarantor or any Subsidiary of the Issuer Company or otherwise) by any Holder of the Notes a Note in respect of any sum expressed to be due to it from the Issuer or any Note Guarantor Company shall only constitute a discharge of them under to the Notes and this Indenture only Company, to the extent of the U.S. Legal Tender Dollar amount which the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable to make that purchase on that date, on the first date on which it is practicable to do so). If that U.S. Legal Tender Dollar amount is less than the U.S. Legal Tender Dollar amount expressed to be due to the recipient under the Notes or this Indentureany Note, the Issuer and the Note Guarantors Company shall jointly and severally indemnify and hold harmless the recipient, to the greatest extent permitted by law, such Holder against any loss or cost sustained by it in as a result, and if the amount of U.S. Dollars so purchased is greater than the sum originally due to such Holder, such Holder shall, by accepting a Note, be deemed to have agreed to repay such excess. In any event, the Company shall indemnify the recipient against the cost of making any such purchase. For the purposes of this Section 12.1410.07, it will shall be sufficient for the Holder of a Note to certify in a satisfactory manner (indicating the sources of information used) that it would have suffered a loss had an actual purchase of U.S. Legal Tender Dollars been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of U.S. Legal Tender Dollars on such date had not been practicable, on the first date on which it would have been practicable, it being required that the need for a change of date be certified in the manner mentioned above). (b) The . These indemnities of the Issuer and the Note Guarantors contained in this Section 12.14, to the extent permitted by law: (i) constitute a separate and independent obligation from the other obligations of the Issuer and the Note Guarantors under this Indenture and the Notes; (ii) Company, shall give rise to a separate and independent cause of action against the Issuer and the Note Guarantors; (iii) action, shall apply irrespective of any waiver indulgence granted by any Holder of the Notes or the Trustee from time to time; a Note and (iv) shall continue in full force and effect notwithstanding despite any other judgment, order, claim or proof of claim for a liquidated amount in respect of any sum due under the Notes or this Indenture or any other judgment or orderNote.

Currency Indemnity. (a) U.S. Legal Tender The euro is the sole currency of account and payment for all sums payable by the Issuer and any Note Guarantor the Guarantors under or in connection with the Notes or this Indentureand the Guarantees, including damages. Any amount received or recovered in a currency other than U.S. Legal Tender in respect of the Notes (euro whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the Issuer, a Note any Guarantor or any Subsidiary of the Issuer or otherwise) otherwise by any Holder of or by the Notes Trustee, as the case may be, in respect of any sum expressed to be due to it from the Issuer or any Note a Guarantor shall will only constitute a discharge of them under to the Notes and this Indenture only Issuer or the Guarantor, as applicable, to the extent of the U.S. Legal Tender euro amount which the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable to make that purchase on that date, on the first date on which it is practicable to do so). If that U.S. Legal Tender euro amount is less than the U.S. Legal Tender euro amount expressed to be due to the recipient under any Note, any Guarantee or to the Notes or this IndentureTrustee, the Issuer and the Note Guarantors shall jointly will indemnify them on a joint and severally indemnify and hold harmless the recipient, to the greatest extent permitted by law, several basis against any loss or cost sustained by it in such recipient as a result. In any event, the Issuer and the Guarantors will indemnify the recipient on a joint and several basis against the cost of making any such purchase. For the purposes of this Section 12.1411.11, it will be sufficient for the Holder of a Note or the Trustee to certify in a satisfactory manner (indicating the sources of information used) that it would have suffered a loss had an actual purchase of U.S. Legal Tender euro been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of U.S. Legal Tender euro on such date had not been practicable, on the first date on which it would have been practicable, it being required that the need for a change of date be certified in the manner mentioned above). (b) The . These indemnities of the Issuer and the Note Guarantors contained in this Section 12.14, to the extent permitted by law: (i) constitute a separate and independent obligation from the other obligations of the Issuer Issuer’s and the Note Guarantors under this Indenture and the Notes; (ii) shall Guarantors’ other obligations, will give rise to a separate and independent cause of action against the Issuer and the Note Guarantors; (iii) shall action, will apply irrespective of any waiver indulgence granted by any Holder of the Notes a Note or the Trustee from time to time; and (iv) shall will continue in full force and effect notwithstanding despite any other judgment, order, claim or proof of claim for a liquidated amount in respect of any sum due under any Note, any Guarantee or to the Notes or this Indenture or any other judgment or orderTrustee.

Currency Indemnity. (a) U.S. Legal Tender is the The sole currency of account and payment for all sums payable by the Initial Issuer and any Note Guarantor or the Issuers, as the case may be, under or in connection with the Notes or this Indentureis dollars, including damages. Any amount received or recovered in a currency other than U.S. Legal Tender in respect of the Notes (dollars, whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the Issuer, a Note Guarantor or any Subsidiary of the Initial Issuer or otherwise) the Issuers, as the case may be, or otherwise by any Holder of or by the Notes Trustee, in respect of any sum expressed to be due to it from the Initial Issuer or any Note Guarantor shall the Issuers, as the case may be, will only constitute a discharge of them under to the Notes and this Indenture only Initial Issuer or the Issuers, as the case may be, to the extent of the U.S. Legal Tender dollars amount which the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable to make that purchase on that date, on the first date on which it is practicable to do so). If that U.S. Legal Tender dollar amount is less than the U.S. Legal Tender dollar amount expressed to be due to the recipient or the Trustee under the Notes or this Indentureany Note, the Initial Issuer and or the Note Guarantors shall jointly and severally Issuers, as the case may be, will indemnify and hold harmless the recipient, to the greatest extent permitted by law, them against any loss or cost sustained by it in such recipient or the Trustee as a result. In any event, the Initial Issuer or the Issuers, as the case may be, will indemnify the recipient or the Trustee on a joint or several basis against the cost of making any such purchase. For the purposes of this Section 12.14currency indemnity provision, it will be sufficient prima facie evidence of the matter stated therein for the Holder of a Note or the Trustee to certify that it would have suffered in a loss had an actual purchase of U.S. Legal Tender been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of U.S. Legal Tender on such date had not been practicable, on the first date on which it would have been practicable). (b) The indemnities of the Issuer and the Note Guarantors contained in this Section 12.14, manner reasonably satisfactory to the extent permitted by law: Initial Issuer or the Issuers, as the case may be, (iindicating the sources of information used) the loss it Incurred in making any such purchase. These indemnities constitute a separate and independent obligation from the Initial Issuer’s or the Issuers’, as the case may be, other obligations of the Issuer and the Note Guarantors under this Indenture and the Notes; (ii) shall obligations, will give rise to a separate and independent cause of action against the Issuer and the Note Guarantors; (iii) shall action, will apply irrespective of any waiver granted by any Holder of the Notes or the Trustee from time to time; (other than a waiver of the indemnities set out herein) and (iv) shall will continue in full force and effect notwithstanding despite any other judgment, order, claim or proof of claim for a liquidated amount in respect of any sum due under any Note or to the Notes or this Indenture or any other judgment or orderTrustee.

Currency Indemnity. (a) U.S. Legal Tender The euro is the sole currency of account and payment for all sums payable by the Issuer and any Note Guarantor under or in connection with the Notes or this Indenture, including damages. Any amount received or recovered in currency other than U.S. Legal Tender euros in respect of the Notes (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the Issuer, a Note Guarantor or any Subsidiary of the Issuer or otherwise) by any Holder of the Notes in respect of any sum expressed to be due to it from the Issuer or any Note Guarantor shall only constitute a discharge of them under the Notes and this Indenture only to the extent of the U.S. Legal Tender euro amount which the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable to make that purchase on that date, on the first date on which it is practicable to do so). If that U.S. Legal Tender euro amount is less than the U.S. Legal Tender euro amount expressed to be due to the recipient under the Notes or this Indenture, the Issuer and the Note Guarantors shall jointly and severally indemnify and hold harmless the recipient, to the greatest extent permitted by law, against any loss or cost sustained by it in making any such purchase. For the purposes of this Section 12.14, it will be sufficient for the Holder of a Note to certify that it would have suffered a loss had an actual purchase of U.S. Legal Tender euro been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of U.S. Legal Tender euro on such date had not been practicable, on the first date on which it would have been practicable). (b) The indemnities of the Issuer and the Note Guarantors contained in this Section 12.14, to the extent permitted by law: (i) constitute a separate and independent obligation from the other obligations of the Issuer and the Note Guarantors under this Indenture and the Notes; (ii) shall give rise to a separate and independent cause of action against the Issuer and the Note Guarantors; (iii) shall apply irrespective of any waiver granted by any Holder of the Notes or the Trustee from time to time; and (iv) shall continue in full force and effect notwithstanding any other judgment, order, claim or proof of claim for a liquidated amount in respect of any sum due under the Notes or this Indenture or any other judgment or order.

Currency Indemnity. (a) U.S. Legal Tender The euro is the sole currency of account and payment for all sums payable by the Issuer and Issuer, or any Note Subsidiary Guarantor under or in connection with the Notes or this Indenture, including damages. Any amount received or recovered in a currency other than U.S. Legal Tender in respect of the Notes euro (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the Issuer, a Note Guarantor or any Subsidiary of the Issuer or otherwise) by any Holder a holder of the Notes in respect of any sum expressed to be due to it from the Issuer or any Note Subsidiary Guarantor shall only will constitute a discharge of them under the Notes Issuer and this Indenture the Subsidiary Guarantor only to the extent of the U.S. Legal Tender euro amount which the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable possible to make that purchase on that date, on the first date on which it is practicable possible to do so). If that U.S. Legal Tender such euro amount is less than the U.S. Legal Tender euro amount expressed to be due to the recipient under the Notes any Note or this Indentureany Subsidiary Guarantee, the Issuer and or any Subsidiary Guarantor of the Note Guarantors shall jointly and severally Notes will indemnify and hold harmless the recipient, to the greatest extent permitted by law, recipient against any loss or cost sustained by it in as a result. In any event the Issuer will indemnify the recipient against the cost of making any such purchase. For the purposes of this Section 12.1412.10, it will be sufficient for the Holder holder of a Note to certify that it would have suffered a loss had an actual purchase of U.S. Legal Tender euro been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of U.S. Legal Tender euro on such date had not been practicable, on the first date on which it would have been practicable). (b) The . These indemnities of the Issuer and the Note Guarantors contained in this Section 12.14, to the extent permitted by law: (i) constitute a separate and independent obligation from the other obligations of the Issuer and the Note Guarantors under this Indenture and the Notes; (ii) shall Subsidiary Guarantors, will give rise to a separate and independent cause of action against the Issuer and the Note Guarantors; (iii) shall action, will apply irrespective of any waiver granted by any Holder holder of the Notes or the Trustee from time to time; and (iv) shall will continue in full force and effect notwithstanding despite any other judgment, order, claim or proof of claim for a liquidated amount in respect of any sum due under the Notes any Note or this Indenture any Subsidiary Guarantee or any other judgment or order.

Currency Indemnity. (a) U.S. Legal Tender is the sole currency of account The Company, and payment for each Guarantor, shall pay all sums payable by the Issuer and any Note Guarantor under or in connection with this Indenture, the Notes or this Indenturesuch Note Guarantee, including damagesas applicable, solely in U.S. dollars. Any amount received or recovered in a currency other than U.S. Legal Tender in respect of the Notes (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the Issuer, a Note Guarantor or any Subsidiary of the Issuer or otherwise) dollars by any Holder of the Notes payee, in respect of any sum expressed to be due to it from the Issuer Company or any Note Guarantor Guarantor, shall only constitute a discharge of them under to the Notes and this Indenture only Company or any such Guarantor to the extent of the U.S. Legal Tender dollar amount which the recipient a Person is able to purchase with the amount so received or recovered in that other currency on the date of that the receipt or recovery (or, if it is not practicable to make that the purchase on that date, on the first date on which it such payee is practicable able to do so). If that the U.S. Legal Tender dollar amount is less than the U.S. Legal Tender dollar amount expressed to be due to the recipient Trustee under the Notes this Indenture or any Holder under this IndentureIndenture or any Note, the Issuer Company, and any Guarantor, shall indemnify such payee against any loss it sustains as a result. In any event, the Company and the Note Guarantors shall jointly and severally indemnify and hold harmless the recipienteach payee, to the greatest extent permitted by under applicable law, against any loss or the cost sustained by it in of making any such purchasepurchase of U.S. dollars. For the purposes of this Section 12.1413.09, it will shall be sufficient for the Holder of a Note payee to certify in a satisfactory manner that it would have suffered a loss had an actual purchase of U.S. Legal Tender dollars been made with the amount so received in that other currency on the date of receipt or recovery (or, if a it was not practicable to make the purchase of U.S. Legal Tender on such date had not been practicablethat date, on the first date on which it would have been practicable)was able to do so. In addition, payees shall also be required to certify in a satisfactory manner the need for a change of the purchase date. (b) The indemnities of the Issuer and the Note Guarantors contained described in this Section 12.14, to the extent permitted by law: 13.09(a): (i1) constitute a separate and independent obligation from the other obligations of the Issuer Company and the Note Guarantors under this Indenture and the Notes; Guarantors; (ii2) shall give rise to a separate and independent cause of action against the Issuer and the Note Guarantors; action; (iii3) shall apply irrespective of any waiver indulgence granted by any Holder of the Notes or the Trustee from time to timeTrustee; and and (iv4) shall continue in full force and effect notwithstanding despite any other judgment, order, claim or proof of claim for a liquidated amount in respect of any sum due under the Notes or this Indenture Indenture, any Note or any other judgment or orderNote Guarantee.

Currency Indemnity. (a) U.S. Legal Tender is the sole currency of account and payment for all sums payable by the Issuer Company and any Note Guarantor under or in connection with the Notes or this Indenture, including damages. Any amount received or recovered in currency other than U.S. Legal Tender in respect of the Notes (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the IssuerCompany, a Note Guarantor or any Subsidiary of the Issuer Company or otherwise) by any Holder of the Notes in respect of any sum expressed to be due to it from the Issuer Company or any Note Guarantor shall will only constitute a discharge of them under the Notes and this Indenture only to the extent of the U.S. Legal Tender amount which the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable to make that purchase on that date, on the first date on which it is practicable to do so). If that U.S. Legal Tender amount is less than the U.S. Legal Tender amount expressed to be due to the recipient under the Notes or this Indenture, the Issuer Company and the any Note Guarantors shall jointly and severally Guarantor will indemnify and hold harmless the recipient, to the greatest extent permitted by law, recipient against any loss or cost sustained by it such recipient in making any such purchase. For the purposes of this Section 12.1411.12, it will be sufficient prima facie evidence of the such loss or cost sustained by a Holder as set forth in this Section 11.12 for such Holder or the Holder of a Note Trustee to certify that it would have suffered in a manner satisfactory to the Company (indicating the sources of information used) the loss had an actual purchase of U.S. Legal Tender been made with the amount so received such Holder incurred in that other currency on the date of receipt or recovery (or, if a purchase of U.S. Legal Tender on making any such date had not been practicable, on the first date on which it would have been practicable)purchase. (b) The indemnities of the Issuer Company and the Note Guarantors contained in this Section 12.1411.12, to the extent permitted by law: (i) constitute a separate and independent obligation from the other obligations of the Issuer Company and the Note Guarantors under this Indenture and the Notes; (ii) shall give rise to a separate and independent cause of action against the Issuer Company and the Note Guarantors; (iii) shall apply irrespective of any waiver granted by any Holder of the Notes or the Trustee from time to timetime (other than a waiver of the indemnities set forth in this Section 11.12); and (iv) shall continue in full force and effect notwithstanding any other judgment, order, claim or proof of claim for a liquidated amount in respect of any sum due under the Notes or this Indenture or any other judgment or order, or to the Trustee.

Currency Indemnity. (a) U.S. Legal Tender is the sole currency of account and payment for all sums payable by the Issuer and any Note Guarantor under or in connection with the Dollar Notes or this Indenture, including damages. Any amount received or recovered in currency other than U.S. Legal Tender in respect of the Dollar Notes (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the Issuer, a Note Guarantor or any Subsidiary of the Issuer or otherwise) by any Holder of the Dollar Notes in respect of any sum expressed to be due to it from the Issuer or any Note Guarantor shall only constitute a discharge of them under the Dollar Notes and this Indenture only to the extent of the U.S. Legal Tender amount which the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable to make that purchase on that date, on the first date on which it is practicable to do so). If that U.S. Legal Tender amount is less than the U.S. Legal Tender amount expressed to be due to the recipient under the Dollar Notes or this Indenture, the Issuer and the Note Guarantors shall jointly and severally indemnify and hold harmless the recipient, to the greatest extent permitted by law, against any loss or cost sustained by it in making any such purchase. For the purposes of this Section 12.14, it will be sufficient for the Holder of a Dollar Note to certify that it would have suffered a loss had an actual purchase of U.S. Legal Tender been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of U.S. Legal Tender on such date had not been practicable, on the first date on which it would have been practicable). (b) The Euro is the sole currency of account and payment for all sums payable by the Issuer and any Note Guarantor under or in connection with the Euro Notes or this Indenture, including damages. Any amount received or recovered in currency other than Euros in respect of the Euro Notes (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the Issuer, a Note Guarantor or any Subsidiary of the Issuer or otherwise) by any Holder of the Euro Notes in respect of any sum expressed to be due to it from the Issuer or any Note Guarantor shall only constitute a discharge of them under the Euro Notes and this Indenture only to the extent of the Euro amount which the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable to make that purchase on that date, on the first date on which it is practicable to do so). If that Euro amount is less than the Euro amount expressed to be due to the recipient under the Euro Notes or this Indenture, the Issuer and the Note Guarantors shall jointly and severally indemnify and hold harmless the recipient, to the greatest extent permitted by law, against any loss or cost sustained by it in making any such purchase. For the purposes of this Section 12.14, it will be sufficient for the Holder of a Euro Note to certify that it would have suffered a loss had an actual purchase of Euro been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of Euro on such date had not been practicable, on the first date on which it would have been practicable). (c) The indemnities of the Issuer and the Note Guarantors contained in this Section 12.14, to the extent permitted by law: (i) constitute a separate and independent obligation from the other obligations of the Issuer and the Note Guarantors under this Indenture and the Notes; (ii) shall give rise to a separate and independent cause of action against the Issuer and the Note Guarantors; (iii) shall apply irrespective of any waiver granted by any Holder of the Notes or the Trustee from time to time; and (iv) shall continue in full force and effect notwithstanding any other judgment, order, claim or proof of claim for a liquidated amount in respect of any sum due under the Notes or this Indenture or any other judgment or order.

Currency Indemnity. (a) U.S. Legal Tender is the sole currency of account and payment for all sums payable by the Issuer and any Note Guarantor under or in connection with the Notes or this Indenture, including damages. Any To the greatest extent permitted under applicable law, any amount received or recovered in currency other than U.S. Legal Tender in respect of the Notes (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the Issuer, a Note Guarantor Issuer or any Subsidiary of the Issuer or otherwise) by any Holder of the Notes in respect of any sum expressed to be due to it from the Issuer or any Note Guarantor shall only constitute a discharge of them under the Notes and this Indenture only to the extent of the U.S. Legal Tender amount which the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable to make that purchase on that date, on the first date on which it is practicable to do so). If that U.S. Legal Tender amount is less than the U.S. Legal Tender amount expressed to be due to the recipient under the Notes or this Indenture, the Issuer and the Note Guarantors shall jointly and severally indemnify and hold harmless the recipient, to the greatest extent permitted by law, recipient against any loss or cost sustained by it in making any such purchasepurchase to the greatest extent permitted under applicable law. For the purposes of this Section 12.1410.15, it will be sufficient for the Holder of a Note to certify that it would have suffered a loss had an actual purchase of U.S. Legal Tender been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of U.S. Legal Tender on such date had not been practicable, on the first date on which it would have been practicable). (b) The indemnities of the Issuer and the Note Guarantors contained in this Section 12.14, to the extent permitted by law: (i) constitute a separate and independent obligation from the other obligations of the Issuer and the Note Guarantors under this Indenture and the Notes; (ii) shall give rise to a separate and independent cause of action against the Issuer and the Note Guarantors; (iii) shall apply irrespective of any waiver granted by any Holder of the Notes or the Trustee from time to time; and (iv) shall continue in full force and effect notwithstanding any other judgment, order, claim or proof of claim for a liquidated amount in respect of any sum due under the Notes or this Indenture or any other judgment or order.

Currency Indemnity. (a) U.S. Legal Tender is the The sole currency of account and payment for all sums payable by the Issuer under the Indenture with respect to the Sterling Notes is sterling and any Note Guarantor under or in connection with respect to the Dollar Notes or this Indenture, including damagesis U.S. Dollars. Any amount received or recovered in a currency other than U.S. Legal Tender sterling, in respect of the Notes Sterling Notes, or U.S. dollars, in respect of the Dollar Notes, as the case may be (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the IssuerCompany, a Note Guarantor or any Subsidiary of the Issuer or otherwise) by any the Holder of or the Notes Trustee in respect of any sum expressed to be due to it from the Issuer or any Note Guarantor shall only will constitute a discharge of them under the Notes and this Indenture Issuer only to the extent of the sterling amount or U.S. Legal Tender amount dollar amount, as the case may be, which the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable possible to make that purchase on that date, on the first date on which it is practicable possible to do so). If that sterling amount or U.S. Legal Tender amount dollar amount, as the case may be, is less than the sterling amount or U.S. Legal Tender amount dollar amount, as the case may be, expressed to be due to the recipient under the Notes or this Indentureany Note, the Issuer and will indemnify the Note Guarantors shall jointly and severally indemnify and hold harmless the recipient, to the greatest extent permitted by law, recipient against any loss or cost sustained by it in as a result. In any event the Issuer will indemnify the recipient against the cost of making any such purchase. For the purposes of this Section 12.14indemnity, it will be sufficient for the Holder of a Note or the Trustee to certify that it would have suffered a loss had an actual purchase of sterling or U.S. Legal Tender dollar amount, as the case may be, been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of sterling or U.S. Legal Tender dollar amount, as the case may be, on such date had not been practicable, on the first date on which it would have been practicable). (b) The . These indemnities of the Issuer and the Note Guarantors contained in this Section 12.14, to the extent permitted by law: (i) constitute a separate and independent obligation from the other obligations of the Issuer and the Note Guarantors under this Indenture and the Notes; (ii) shall Issuer, will give rise to a separate and independent cause of action against the Issuer and the Note Guarantors; (iii) shall action, will apply irrespective of any waiver granted by any Holder of the Notes or the Trustee from time to time; and (iv) shall will continue in full force and effect notwithstanding despite any other judgment, order, claim or proof of claim for a liquidated amount in respect of any sum due under the Notes or this Indenture any Note or any other judgment or order.

Currency Indemnity. (a1) U.S. Legal Tender is the sole currency of account and payment for all All sums payable by the Issuer and any Note Guarantor Borrower under or in connection with this Agreement (and any damages in relation thereto) shall be payable in such currency as the Notes Lender may stipulate and the certification of the Lender or this Indenture, including damages. its solicitor as to such currency shall in all cases be conclusive and binding on the Borrower. (2) Any amount received or recovered in a currency other than U.S. Legal Tender the currency in respect which it was originally denominated (the “Currency of the Notes Account”) (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the Issuer, a Note Guarantor or any Subsidiary of the Issuer Borrower or otherwise) by any Holder of the Notes Lender in respect of any sum expressed to be due to it from the Issuer or any Note Guarantor Borrower under this Agreement shall only constitute a discharge of them under to the Notes and this Indenture only Borrower to the extent of the U.S. Legal Tender amount of the Currency of Account which the recipient Lender is able able, in accordance with its usual practice, to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable to make that purchase on that date, on the first date on which it is practicable to do so). . (3) If that U.S. Legal Tender amount in the Currency of Account is less than the U.S. Legal Tender amount of the Currency of Account expressed to be due to the recipient Lender under the Notes or this IndentureAgreement, the Issuer and the Note Guarantors Borrower shall jointly and severally fully indemnify and hold harmless the recipient, to the greatest extent permitted by law, it against any loss or cost sustained by it in as a result. In any event, the Borrower shall fully indemnify the Lender against the cost of making any such purchase. For the purposes purpose of this Section 12.14sub-Clause, it will would be sufficient for the Holder of a Note Lender to certify demonstrate that it would have suffered a loss had an actual exchange or purchase of U.S. Legal Tender been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of U.S. Legal Tender on such date had not been practicable, on the first date on which it would have been practicable)made. (b4) The indemnities of Borrower expressly waives any right under any applicable law to repay the Issuer Advances made to it (together with all interests, fees and the Note Guarantors contained in this Section 12.14, to the extent permitted by law: (i) constitute a separate and independent obligation from the other obligations of the Issuer and the Note Guarantors under this Indenture and the Notes; (ii) shall give rise to a separate and independent cause of action against the Issuer and the Note Guarantors; (iii) shall apply irrespective of any waiver granted by any Holder of the Notes or the Trustee from time to time; and (iv) shall continue in full force and effect notwithstanding any other judgment, order, claim or proof of claim for a liquidated amount sums payable hereunder) in respect of any sum due under the Notes or this Indenture or any currency other judgment or orderthan Singapore Dollars.

Currency Indemnity. (a) U.S. Legal Tender is Dollars are the sole currency of account and payment for all sums payable by the Issuer and any Note Guarantor under or in connection with the Notes or this Indenture, including damages. Any amount received or recovered in respect of such obligations in currency other than U.S. Legal Tender in respect of the Notes Dollars (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the Issuer, a Note Guarantor or any Subsidiary of the Issuer thereof or otherwise) by the Trustee, an Agent or any Holder of the Notes in respect of any sum expressed to be due to it from the Issuer or any Note Guarantor shall only constitute a discharge of them it under the Notes and or this Indenture only to the extent of the U.S. Legal Tender Dollars amount which the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable to make that purchase on that date, on the first date on which it is practicable to do so), acting reasonably. If that U.S. Legal Tender Dollars amount is less than the U.S. Legal Tender Dollars amount expressed to be due to the recipient under the Notes or this Indenture, the Issuer and shall indemnify the Note Guarantors shall jointly and severally indemnify and hold harmless the recipient, to the greatest extent permitted by law, recipient against any loss or cost sustained by it in making any such purchase. In any event, the Issuer shall indemnify the recipient against the cost of making any purchase of U.S. Dollars. For the purposes of this Section 12.1411.12, it will shall be sufficient for the Trustee, such Agent and/or Holder of a Note to certify in a satisfactory manner that it would have suffered a loss had an actual purchase of U.S. Legal Tender Dollars been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of U.S. Legal Tender Dollars on such date had not been practicable, on the first date on which it would have been practicable). (b) and that the change of the purchase date was needed. The indemnities of the Issuer and the Note Guarantors contained in this Section 12.1411.12, to the extent permitted by law: (i) constitute a separate and independent obligation from the other obligations of the Issuer and the Note Guarantors under this Indenture and the Notes; (ii) shall give rise to a separate and independent cause of action against the Issuer and the Note GuarantorsIssuer; (iii) shall apply irrespective of any waiver indulgence granted by any Holder of the Notes or the Trustee from time to time; and (iv) shall continue in full force and effect notwithstanding any other judgment, order, claim or proof of claim for a liquidated amount in respect of any sum due under the Notes or Notes; and (v) shall survive the termination of this Indenture or any other judgment or orderIndenture.

Currency Indemnity. (a) U.S. Legal Tender is the sole currency of account and payment for all sums payable by the Issuer and any Note Guarantor under or in connection with the Notes or this Indenture, including damages. Any amount received or recovered in currency other than U.S. Legal Tender in respect of the Notes (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the Issuer, a Note Guarantor or any Subsidiary of the Issuer or otherwise) by any Holder of the Notes in respect of any sum expressed to be due to it from the Issuer or any Note Guarantor shall only constitute a discharge of them under the Notes and this Indenture only to the extent of the U.S. Legal Tender amount which the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable to make that purchase on that date, on the first date on which it is practicable to do so). If that U.S. Legal Tender amount is less than the U.S. Legal Tender amount expressed to be due to the recipient under the Notes or this Indenture, the Issuer and the Note Guarantors shall jointly and severally indemnify and hold harmless the recipient, to the greatest extent permitted by law, against any loss or cost sustained by it in making any such purchase. For the purposes of this Section ‎Section 12.14, it will be sufficient for the Holder of a Note to certify that it would have suffered a loss had an actual purchase of U.S. Legal Tender been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of U.S. Legal Tender on such date had not been practicable, on the first date on which it would have been practicable). (b) The indemnities of the Issuer and the Note Guarantors contained in this Section ‎Section 12.14, to the extent permitted by law: (i‎(i) constitute a separate and independent obligation from the other obligations of the Issuer and the Note Guarantors under this Indenture and the Notes; (ii) shall give rise to a separate and independent cause of action against the Issuer and the Note Guarantors; (iii) shall apply irrespective of any waiver granted by any Holder of the Notes or the Trustee from time to time; and (iv) shall continue in full force and effect notwithstanding any other judgment, order, claim or proof of claim for a liquidated amount in respect of any sum due under the Notes or this Indenture or any other judgment or order.

Currency Indemnity. (a) U.S. Legal Tender is the sole currency of account and payment for all sums payable by the Issuer and any Note Guarantor Company under or in connection with the Notes or this Indenture, including damages. Any amount received or recovered in currency other than U.S. Legal Tender in respect of the Notes (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the IssuerCompany, a Note Guarantor or any Subsidiary of the Issuer or otherwise) by any Holder of the Notes in respect of any sum expressed to be due to it from the Issuer Company or any Note Guarantor its Subsidiaries shall only constitute a discharge of them the Company and its Subsidiaries under the Notes and this Indenture only to the extent of the U.S. Legal Tender amount which the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable to make that purchase on that date, on the first date on which it is practicable to do so). If that U.S. Legal Tender amount is less than the U.S. Legal Tender amount expressed to be due to the recipient under the Notes or this Indenture, the Issuer and the Note Guarantors Company shall jointly and severally indemnify and hold harmless the recipient, to the greatest extent permitted by law, recipient against any loss or cost sustained by it in making any such purchase. For the purposes of this Section 12.1410.7, it will be sufficient for the Holder of a Note to certify that it would have suffered a loss had an actual purchase of U.S. Legal Tender been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of U.S. Legal Tender on such date had not been practicable, on the first date on which it would have been practicable). (b) The indemnities of the Issuer and the Note Guarantors Company contained in this Section 12.1410.7, to the extent permitted by law: (i) constitute a separate and independent obligation from the other obligations of the Issuer and the Note Guarantors Company under this Indenture and the Notes; (ii) shall give rise to a separate and independent cause of action against the Issuer and the Note GuarantorsCompany; (iii) shall apply irrespective of any waiver granted by any Holder of the Notes or the Trustee from time to time; and (iv) shall continue in full force and effect notwithstanding any other judgment, order, claim or proof of claim for a liquidated amount in respect of any sum due under the Notes or this Indenture or any other judgment or order.

Currency Indemnity. (a) U.S. Legal Tender is Dollars are the sole currency of account and payment for all sums payable by the Issuer and any Note Guarantor or the Guarantors under or in connection with the Notes or this Indenturethe Note Guarantees, as the case may be, including damages. Any amount received or recovered in a currency other than U.S. Legal Tender in respect of the Notes Dollars (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the Issuer, a Note Guarantor or any Subsidiary of the Issuer or otherwise) by the Trustee or any Holder of the Notes a Note in respect of any sum expressed to be due to it from the Issuer or any Note Guarantor the Guarantors shall only constitute a discharge of them under to the Notes and this Indenture only Issuer or the Guarantors, as the case may be, to the extent of the U.S. Legal Tender Dollar amount which that the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable to make that purchase on that date, on the first date on which it is practicable to do so). If that U.S. Legal Tender Dollar amount is less than the U.S. Legal Tender Dollar amount expressed to be due to the recipient under the Notes or this Indentureany Note, the Issuer and the Note Guarantors shall jointly and severally indemnify and hold harmless the recipientindemnify, to the greatest extent permitted by applicable law, the Trustee or such Holder against any loss or cost sustained by it in as a result, and if the amount of U.S. Dollars so purchased is greater than the sum originally due to such Holder, such Holder shall, by accepting a Note, be deemed to have agreed to repay such excess. In any event, the Issuer and the Guarantors shall indemnify the recipient against the cost of making any such purchase. For the purposes of this Section 12.1411.07 of the Indenture, it will shall be sufficient for the Holder of a Note to certify in a satisfactory manner (indicating the sources of information used) that it would have suffered a loss had an actual purchase of U.S. Legal Tender Dollars been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of U.S. Legal Tender Dollars on such date had not been practicable, on the first date on which it would have been practicable, it being required that the need for a change of date be certified in the manner mentioned above). (b) The . These indemnities of the Issuer and the Note Guarantors contained in this Section 12.14, to the extent permitted by law: (i) constitute a separate and independent obligation from the other obligations of the Issuer and the Note Guarantors under this Indenture and the Notes; (ii) Guarantors, shall give rise to a separate and independent cause of action against the Issuer and the Note Guarantors; (iii) action, shall apply irrespective of any waiver indulgence granted by the Trustee or any Holder of the Notes or the Trustee from time to time; a Note and (iv) shall continue in full force and effect notwithstanding despite any other judgment, order, claim or proof of claim for a liquidated amount in respect of any sum due under the Notes or this Indenture or any other judgment or orderNote.

Currency Indemnity. (a) U.S. Legal Tender The euro is the sole currency of account and payment for all sums payable by the Issuer and any Note Guarantor under or in connection with the Notes or this Indenture, including damages. Any amount received or recovered in a currency other than U.S. Legal Tender in respect of the Notes (euro, whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the Issuer, a Note Guarantor or any Subsidiary of the Issuer or otherwise) , by any Holder of or by the Notes Trustee in respect of any sum expressed to be due to it from the Issuer or any Note Guarantor shall will only constitute a discharge of them under to the Notes and this Indenture only Issuer to the extent of the U.S. Legal Tender euro amount which the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable to make that purchase on that date, on the first date on which it is practicable to do so). If that U.S. Legal Tender euro amount is less than the U.S. Legal Tender euro amount expressed to be due to the recipient under any Note or the Notes or this IndentureTrustee, the Issuer and the Note Guarantors shall jointly and severally will indemnify and hold harmless the recipient, to the greatest extent permitted by law, if against any loss or cost sustained by it in such recipient as a result. In any event, the Issuer will indemnify the recipient against the cost of making any such purchase. For the purposes of this Section 12.1412.18, it will be sufficient for the Holder of a Note or the Trustee to certify in a satisfactory manner (indicating the sources of information used) that it would have suffered a loss had an actual purchase of U.S. Legal Tender euro been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of U.S. Legal Tender euro on such date had not been practicable, on the first date on which it would have been practicable, it being required that the need for a change of date be certified in the manner mentioned above). (b) The . These indemnities of the Issuer and the Note Guarantors contained in this Section 12.14, to the extent permitted by law: (i) constitute a separate and independent obligation from the Issuer’s other obligations of the Issuer and the Note Guarantors under this Indenture and the Notes; (ii) shall obligations, will give rise to a separate and independent cause of action against the Issuer and the Note Guarantors; (iii) shall action, will apply irrespective of any waiver indulgence granted by any Holder of the Notes or the Trustee from time to time; and (iv) shall will continue in full force and effect notwithstanding despite any other judgment, order, claim or proof of claim for a liquidated amount in respect of any sum due under any Note or to the Notes Trustee. Except as otherwise specifically set forth herein, for purposes of determining compliance with any euro-denominated restriction herein, the euro-equivalent amount for purposes hereof that is denominated in a non-euro currency shall be calculated based on the relevant currency exchange rate in effect on the date such non-euro amount is incurred or this Indenture or any other judgment or ordermade, as the case may be.

Currency Indemnity. (a) U.S. Legal Tender is the sole currency of account and payment for all sums sums, including damages, payable by the Issuer and Company or any Note Guarantor under or in connection with the Notes or this Indenture, including damages. Any amount received or recovered in currency other than U.S. Legal Tender in respect of the Notes (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the Issuer, a Company or any Note Guarantor or any Subsidiary of the Issuer or otherwise) by any Holder of the Notes in respect of any sum expressed to be due to it from the Issuer Company or any Note Guarantor shall will only constitute a discharge of them under the Notes and this Indenture only to the extent of the U.S. Legal Tender amount which the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable to make that purchase on that date, on the first date on which it is practicable to do so). If that U.S. Legal Tender amount is less than the U.S. Legal Tender amount expressed to be due to the recipient under the Notes or this Indenture, the Issuer Company and the any Note Guarantors shall jointly and severally Guarantor will indemnify and hold harmless the recipient, to the greatest extent permitted by law, recipient against any loss or cost sustained by it such recipient in making any such purchase. For the purposes of this Section 12.1411.12, it will be sufficient prima facie evidence of the such loss or cost sustained by a Holder as set forth in this Section 11.12 for such Holder or the Holder of a Note Trustee to certify that it would have suffered in a manner satisfactory to the Company (indicating the sources of information used) the loss had an actual purchase of U.S. Legal Tender been made with the amount so received such Holder incurred in that other currency on the date of receipt or recovery (or, if a purchase of U.S. Legal Tender on making any such date had not been practicable, on the first date on which it would have been practicable)purchase. (b) The indemnities of the Issuer Company and the Note Guarantors contained in this Section 12.1411.12, to the extent permitted by law: (i) constitute a separate and independent obligation from the other obligations of the Issuer Company and the Note Guarantors under this Indenture and the Notes; (ii) shall give rise to a separate and independent cause of action against the Issuer Company and the Note Guarantors; (iii) shall apply irrespective of any waiver granted by any Holder of the Notes or the Trustee from time to time(other than a waiver of the indemnities set forth in this Section 11.12); and (iv) shall continue in full force and effect notwithstanding any other judgment, order, claim or proof of claim for a liquidated amount in respect of any sum due under the Notes or this Indenture or any other judgment or order, or to the Trustee.

Currency Indemnity. (a) U.S. Legal Tender is Dollars are the sole currency of account and payment for all sums payable by the Issuer and any Note Guarantor or the Guarantors under or in connection with the Notes or this Indenturethe Note Guarantees, as the case may be, including damages. Any amount received or recovered in a currency other than U.S. Legal Tender in respect of the Notes Dollars (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the Issuer, a Note Guarantor or any Subsidiary of the Issuer or otherwise) by the Trustee or any Holder of the Notes a Note in respect of any sum expressed to be due to it from the Issuer or any Note Guarantor the Guarantors shall only constitute a discharge of them under to the Notes and this Indenture only Issuer or the Guarantors, as the case may be, to the extent of the U.S. Legal Tender Dollar amount which that the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable to make that purchase on that date, on the first date on which it is practicable to do so). If that U.S. Legal Tender Dollar amount is less than the U.S. Legal Tender Dollar amount expressed to be due to the recipient under the Notes or this Indentureany Note, the Issuer and the Note Guarantors shall jointly and severally indemnify and hold harmless the recipientindemnify, to the greatest extent permitted by applicable law, the Trustee or such Holder against any loss or cost sustained by it in as a result, and if the amount of U.S. Dollars so purchased is greater than the sum originally due to such Holder, such Holder shall, by accepting a Note, be deemed to have agreed to repay such excess. In any event, the Issuer and the Guarantors shall indemnify the recipient against the cost of making any such purchase. For the purposes of this Section 12.1411.07, it will shall be sufficient for the Holder of a Note to certify in a satisfactory manner (indicating the sources of information used) that it would have suffered a loss had an actual purchase of U.S. Legal Tender Dollars been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of U.S. Legal Tender Dollars on such date had not been practicable, on the first date on which it would have been practicable, it being required that the need for a change of date be certified in the manner mentioned above). (b) The . These indemnities of the Issuer and the Note Guarantors contained in this Section 12.14, to the extent permitted by law: (i) constitute a separate and independent obligation from the other obligations of the Issuer and the Note Guarantors under this Indenture and the Notes; (ii) Guarantors, shall give rise to a separate and independent cause of action against the Issuer and the Note Guarantors; (iii) action, shall apply irrespective of any waiver indulgence granted by the Trustee or any Holder of the Notes or the Trustee from time to time; a Note and (iv) shall continue in full force and effect notwithstanding despite any other judgment, order, claim or proof of claim for a liquidated amount in respect of any sum due under the Notes or this Indenture or any other judgment or orderNote.

Currency Indemnity. (a) U.S. Legal Tender The Swiss franc is the sole currency of account and payment for all sums payable by under the Issuer Notes, the Guarantees and any Note Guarantor under or in connection with the Notes or this Indenture, including damages. Any amount received or recovered in currency other than U.S. Legal Tender in respect of the Notes or the Guarantees in a currency other than Swiss francs (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-winding up or dissolution of the Issuer, a Note Guarantor or any Subsidiary of the Issuer or otherwise) by any the Trustee and/or a Holder of the Notes in respect of any sum expressed to be due to it such parties from the Issuer or any Note Guarantor shall only the Guarantors will constitute a discharge of them under the Notes and this Indenture their obligation only to the extent of the U.S. Legal Tender Swiss franc amount which that the recipient is able to purchase with the amount so received or recovered in that such other currency on the date of that receipt or recovery (or, if it is not practicable possible to make that purchase Swiss francs on that date, on the first date on which it is practicable possible to do so). . (b) If the Swiss franc amount that U.S. Legal Tender amount could be recovered following such a purchase is less than the U.S. Legal Tender Swiss franc amount expressed to be due to the recipient under the Notes or this Indentureany Note, the Issuer and the Note Guarantors shall will jointly and severally indemnify and hold harmless the recipient against the cost of the recipient, ’s making a further purchase of Swiss francs in an amount equal to the greatest extent permitted by law, against any loss or cost sustained by it in making any such purchasedifference. For the purposes of this Section 12.14paragraph, it will be sufficient for the Trustee and/or Holder of a Note to certify that it would have suffered a loss had an the actual purchase of U.S. Legal Tender Swiss francs been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of U.S. Legal Tender Swiss francs on such that date had not been practicablepossible, on the first date on which it would have been practicablepossible). (b) The indemnities of the Issuer and the Note Guarantors contained in this Section 12.14. These indemnities, to the extent permitted by law: : (i1) constitute a separate and independent obligation from the other obligations of the Issuer Issuer’s and the Note Guarantors under this Indenture and the Notes; Guarantors’ other obligations; (ii2) shall give rise to a separate and independent cause of action against the Issuer and the Note Guarantors; action; (iii3) shall apply irrespective of any waiver granted by any Holder of the Notes or the Trustee from time to timea Note; and and (iv4) shall will continue in full force and effect notwithstanding despite any other judgment, order, claim or proof of claim for a liquidated amount in respect of any sum due under the Notes or this Indenture any Note or any other judgment or order.

Currency Indemnity. (a) U.S. Legal Tender is the The sole currency of account and payment for all sums payable by the Issuer under this Indenture with respect to the Sterling Notes is sterling and any Note Guarantor under or in connection with respect to the Dollar Notes or this Indenture, including damagesis U.S. dollars. Any amount received or recovered in a currency other than U.S. Legal Tender sterling, in respect of the Notes Sterling Notes, or U.S. dollars, in respect of the Dollar Notes, as the case may be (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the IssuerCompany, a Note Guarantor or any Subsidiary of the Issuer or otherwise) by the Holder, the Trustee or any Holder of the Notes other person in respect of any sum expressed to be due to it from the Issuer or any Note Guarantor shall only will constitute a discharge of them under the Notes and this Indenture Issuer only to the extent of the sterling or U.S. Legal Tender amount dollar amount, as the case may be, which the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable possible to make that purchase on that date, on the first date on which it is practicable possible to do so). If that sterling amount or U.S. Legal Tender amount dollar amount, as the case may be, is less than the sterling amount or U.S. Legal Tender amount dollar amount, as the case may be, expressed to be due to the recipient under the Notes or this Indentureany Note, the Issuer and will indemnify the Note Guarantors shall jointly and severally indemnify and hold harmless the recipient, to the greatest extent permitted by law, recipient against any loss or cost sustained by it in as a result. In any event the Issuer will indemnify the recipient against the cost of making any such purchase. For the purposes of this Section 12.14indemnity, it will be sufficient for the Holder of a Note Holder, the Trustee or any other person to certify that it would have suffered a loss had an actual purchase of sterling or U.S. Legal Tender dollars, as the case may be, been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of sterling or U.S. Legal Tender dollars, as the case may be, on such date had not been practicable, on the first date on which it would have been practicable). (b) The . These indemnities of the Issuer and the Note Guarantors contained in this Section 12.14, to the extent permitted by law: (i) constitute a separate and independent obligation from the other obligations of the Issuer and the Note Guarantors under this Indenture and the Notes; (ii) shall Issuer, will give rise to a separate and independent cause of action against the Issuer and the Note Guarantors; (iii) shall action, will apply irrespective of any waiver granted by any Holder of the Notes or Holder, the Trustee from time to time; or any other person and (iv) shall will continue in full force and effect notwithstanding despite any other judgment, order, claim or proof of claim for a liquidated amount in respect of any sum due under the Notes or this Indenture any Note or any other judgment or order.

Currency Indemnity. Dollars are the required currency (aeach, a “Required Currency”) U.S. Legal Tender is the sole currency of account and payment for all sums payable by under the Issuer Notes, the Guarantees and any Note Guarantor under or in connection with the Notes or this Indenture, including damages. Any amount received or recovered in respect of the Notes, any Guarantee or otherwise under this Indenture in a currency other than U.S. Legal Tender in respect of the Notes Required Currency (the “Recovery Currency”) (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-winding up or dissolution of the each Issuer, a Note Guarantor or any Subsidiary of the Issuer or otherwise) by any the Trustee or a Holder of the Notes in respect of any sum expressed to be due to it such Holder from the Issuer Issuers or any Note Guarantor the Guarantors shall only constitute a discharge of them under the Notes and this Indenture Issuers’ or the Guarantors’ obligations only to the extent of the U.S. Legal Tender amount of the Required Currency which the recipient is able to purchase with the amount so received or recovered in that such other currency on the date of that receipt or recovery (or, if it is not practicable possible to make that purchase the Required Currency on that date, on the first date on which it is practicable possible to do so). If that U.S. Legal Tender the amount of the Required Currency to be recovered is less than the U.S. Legal Tender amount of the Required Currency expressed to be due to the recipient under the Notes or this Indentureany Note, the Issuer and Issuers or the Note Guarantors shall jointly and severally indemnify and hold harmless the recipient, to recipient against the greatest extent permitted by law, against any loss or cost sustained by it in of making any further purchase of the Required Currency in an amount equal to such purchasedifference. For the purposes of this Section 12.1413.15, it will be sufficient for the Holder of a Note holder to certify that it would have suffered a loss had an the actual purchase of U.S. Legal Tender the Required Currency been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of U.S. Legal Tender the Required Currency on such that date had not been practicablepossible, on the first date on which it would have been practicablepossible). (b) . The indemnities of the Issuer and the Note Guarantors contained in this Section 12.14foregoing indemnities, to the extent permitted by law: (ia) constitute a separate and independent obligation from the other obligations of the Issuer Issuers and the Note Guarantors under this Indenture and the NotesGuarantors’; (iib) shall give rise to a separate and independent cause of action against the Issuer and the Note Guarantorsaction; (iiic) shall apply irrespective of any waiver granted by any Holder of the Notes or the Trustee from time to timeHolder; and (ivd) shall continue in full force and effect notwithstanding despite any other judgment, order, claim or proof of claim for a liquidated amount in respect of any sum due under the Notes any Note or this Indenture or any other judgment or order.

Currency Indemnity. (a) U.S. Legal Tender is dollars are the sole currency of account and payment for all sums payable by the Issuer and any Note Guarantor Issuers or the Guarantors under or in connection with the Notes or this Indenture, the Notes, the Guarantees and the Pledge Agreements, including damages. Any amount received or recovered in a currency other than U.S. Legal Tender in respect of the Notes dollars (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the Issuer, a Note Guarantor Issuers or any Subsidiary of the Issuer Guarantor or otherwise) by any Holder or beneficial owner of the Notes in respect of any sum expressed to be due to it from the Issuer or any Note Guarantor shall Issuers and the Guarantors will only constitute a discharge of them under the Notes Issuers and this Indenture only the Guarantors to the extent of the U.S. Legal Tender dollar amount which that the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable to make that purchase on that date, on the first date on which it is practicable to do so). If that U.S. Legal Tender dollar amount is less than the U.S. Legal Tender dollar amount expressed to be due to the recipient under the Notes or this Indentureany Notes, the Issuer Issuers and the Note Guarantors shall jointly and severally will indemnify and hold harmless the recipient, to the greatest extent permitted by law, such Holder or beneficial owner of Notes against any loss or cost sustained by it in as a result. In any event, the Issuers and the Guarantors will indemnify the recipient against the cost of making any such purchase. For the purposes of this Section 12.14the preceding paragraph, it will be sufficient for the Holder or beneficial owner of a Note Notes to certify in a satisfactory manner (indicating the sources of information used) that it would have suffered a loss had an actual purchase of U.S. Legal Tender dollars been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of U.S. Legal Tender dollars on such date had not been practicable, on the first date on which it would have been practicable, it being required that the need for a change of date be certified in the manner mentioned above). (b) The . These indemnities of the Issuer and the Note Guarantors contained in this Section 12.14, to the extent permitted by law: (i) constitute a separate and independent obligation from the other obligations of the Issuer Issuers and the Note Guarantors under this Indenture and the Notes; (ii) shall Guarantors, will give rise to a separate and independent cause of action against the Issuer and the Note Guarantors; (iii) shall action, will apply irrespective of any waiver indulgence granted by any Holder or owner of a beneficial interest in the Notes or the Trustee from time to time; and (iv) shall will continue in full force and effect notwithstanding despite any other judgment, order, claim or proof of claim for a liquidated amount in respect of any sum due under the Notes or this Indenture or any other judgment or orderNotes.

Currency Indemnity. (a) U.S. Legal Tender is the sole currency of account and payment for all sums payable by the Issuer Company and any Note Subsidiary Guarantor under or in connection with the Notes or this Indenture, including damages. Any amount received or recovered in currency other than U.S. Legal Tender in respect of the Notes or the Indenture (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the IssuerCompany, a Note Subsidiary Guarantor or any Subsidiary of the Issuer Company or otherwise) by any Holder of the Notes or the Trustee or any Agent in respect of any sum expressed to be due to it from the Issuer Company or any Note Subsidiary Guarantor shall only constitute a discharge of them under the Notes and this Indenture only to the extent of the U.S. Legal Tender amount which the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable to make that purchase on that date, on the first date on which it is practicable to do so). If that U.S. Legal Tender amount is less than the U.S. Legal Tender amount expressed to be due to the recipient under the Notes or this Indenture, the Issuer Company and the Note Subsidiary Guarantors shall jointly and severally indemnify and hold harmless the recipient, to the greatest extent permitted by law, recipient against any loss or cost sustained by it in making any such purchase. For the purposes of this Section 12.1411.12, it will be sufficient for the Holder of a Note or the Trustee or any Agent to certify that it would have suffered a loss had an actual purchase of U.S. Legal Tender been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of U.S. Legal Tender on such date had not been practicable, on the first date on which it would have been practicable). (b) The indemnities of the Issuer Company and the Note Subsidiary Guarantors contained in this Section 12.1411.12, to the extent permitted by law: (i) constitute a separate and independent obligation from the other obligations of the Issuer Company and the Note Subsidiary Guarantors under this Indenture and the Notes; (ii) shall give rise to a separate and independent cause of action against the Issuer Company and the Note Subsidiary Guarantors; (iii) shall apply irrespective of any waiver granted by any Holder of the Notes or the Trustee from time to time; and (iv) shall continue in full force and effect notwithstanding any other judgment, order, claim or proof of claim for a liquidated amount in respect of any sum due under the Notes or this Indenture or any other judgment or order.

Currency Indemnity. (a) The U.S. Legal Tender Dollar is the sole currency of account and payment for all sums payable by the Issuer Company and any Note Guarantor the Guarantors under or in connection with the Notes or this Indenture, including damagesand the Note Guarantees (the “Contractual Currency”). Any amount received or recovered in currency other than U.S. Legal Tender the Contractual Currency in respect of the Notes or the Note Guarantees (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up winding up, liquidation or dissolution of the Issuerany Guarantor, a Note Guarantor or any Subsidiary of the Issuer or otherwise) by any the Holder of the Notes in respect of any sum expressed to be due to it from the Issuer Company or any Note Guarantor shall only will constitute a discharge of them under the Notes and this Indenture Company or the Guarantor, as the case may be, only to the extent of the U.S. Legal Tender Contractual Currency amount which the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable possible to make that purchase on that date, on the first date on which it is practicable possible to do so). If that U.S. Legal Tender purchased amount is less than the U.S. Legal Tender Contractual Currency amount expressed to be due to the recipient under the Notes or this Indentureany Note, the Issuer Company and the Note Guarantors shall jointly and severally will indemnify and hold harmless the recipient, to the greatest extent permitted by law, recipient against any loss or cost sustained by it in making any such purchaseas a result. For the purposes of this Section 12.14indemnity, it will be sufficient for the Holder of a Note to certify (indicating the sources of information used) that it would have suffered a loss had an the actual purchase of U.S. Legal Tender Contractual Currency been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of U.S. Legal Tender Contractual Currency on such date had not been practicablepossible, on the first date on which it would have been practicablepossible). (b) The indemnities Each of the Issuer and the Note Guarantors contained in this Section 12.14above indemnities will, to the extent permitted by law: : (i1) constitute a separate and independent obligation from the other obligations of the Issuer and Company or the Note Guarantors under this Indenture and the Notes; Guarantors; (ii2) shall give rise to a separate and independent cause of action against the Issuer and the Note Guarantors; action; (iii3) shall apply irrespective of any waiver granted by any Holder of the Notes or the Trustee from time to timeHolder; and and (iv4) shall continue in full force and effect notwithstanding despite any other judgment, order, claim or proof of claim for a liquidated amount in respect of any sum due under the Notes or this Indenture any Note or any other judgment or order.

Currency Indemnity. (a) U.S. Legal Tender is Euros are the sole currency of account and payment for all sums payable by the Issuer and any Note Guarantor Company under or in connection with the Notes or this Indenture, including damages. Any amount received or recovered in currency other than U.S. Legal Tender Euro in respect of the Notes (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the IssuerCompany, a Note Guarantor or any Subsidiary of the Issuer or otherwise) by any Holder of the Notes in respect of any sum expressed to be due to it from the Issuer Company or any Note Guarantor its Subsidiaries shall only constitute a discharge of them the Company and its Subsidiaries under the Notes and this Indenture only to the extent of the U.S. Legal Tender Euro amount which the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable to make that purchase on that date, on the first date on which it is practicable to do so). If that U.S. Legal Tender Euro amount is less than the U.S. Legal Tender Euro amount expressed to be due to the recipient under the Notes or this Indenture, the Issuer and the Note Guarantors Company shall jointly and severally indemnify and hold harmless the recipient, to the greatest extent permitted by law, recipient against any loss or cost sustained by it in making any such purchase. For the purposes of this Section 12.1410.7, it will be sufficient for the Holder of a Note to certify that it would have suffered a loss had an actual purchase of U.S. Legal Tender Euros been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of U.S. Legal Tender Euros on such date had not been practicable, on the first date on which it would have been practicable). (b) The indemnities of the Issuer and the Note Guarantors Company contained in this Section 12.1410.7, to the extent permitted by law: (i) constitute a separate and independent obligation from the other obligations of the Issuer and the Note Guarantors Company under this Indenture and the Notes; (ii) shall give rise to a separate and independent cause of action against the Issuer and the Note GuarantorsCompany; (iii) shall apply irrespective of any waiver granted by any Holder of the Notes or the Trustee from time to time; and (iv) shall continue in full force and effect notwithstanding any other judgment, order, claim or proof of claim for a liquidated amount in respect of any sum due under the Notes or this Indenture or any other judgment or order.

Currency Indemnity. (a) U.S. Legal Tender is the sole currency of account The Company and payment for each Guarantor will pay all sums payable by under this Indenture or the Issuer and any Note Guarantor under or notes solely in connection with the Notes or this Indenture, including damagesU.S. dollars. Any amount received that a Holder of Notes receives or recovered recovers in a currency other than U.S. Legal Tender in respect of the Notes (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the Issuer, a Note Guarantor or any Subsidiary of the Issuer or otherwise) by any Holder of the Notes dollars in respect of any sum expressed to be due to it from the Issuer Company or any Note Guarantor shall will only constitute a discharge of them under the Notes and this Indenture only to the extent of the U.S. Legal Tender dollar amount which the recipient such Holder is able to purchase with the amount so received or recovered in that other currency on the date of that the receipt or recovery (or, if it is not practicable to make that the purchase on that date, on the first date on which it such Holder is practicable able to do so). If that the U.S. Legal Tender dollar amount is less than the U.S. Legal Tender dollar amount expressed to be due to the recipient such Holder under the Notes or this Indentureany Note, the Issuer Company and the Note Guarantors shall will jointly and severally indemnify and hold harmless the recipient, to the greatest extent permitted by law, such Holder against any loss or it sustains as a result. In any event, the Company and the Guarantors will jointly and severally indemnify such Holder against the cost sustained by it in of making any such purchasepurchase of U.S. dollars. For the purposes of this Section 12.14clause (a), it will be sufficient for the such Holder of a Note to certify in a satisfactory manner that it such Holder would have suffered a loss had an actual purchase of U.S. Legal Tender dollars been made with the amount so received in that other currency on the date of receipt or recovery (or, if a it was not practicable to make the purchase of U.S. Legal Tender on such date had not been practicablethat date, on the first date on which it would have been practicable)such Holder was able to do so. In addition, such Holder will also be required to certify in a satisfactory manner the need for a change of the purchase date. (b) The indemnities set forth in clause (a) of the Issuer and the Note Guarantors contained in this Section 12.14, to the extent permitted by law: 4.28: (i1) constitute a separate and independent obligation from the other obligations of the Issuer Company and the Note Guarantors under this Indenture and the Notes; Guarantors; (ii2) shall will give rise to a separate and independent cause of action against the Issuer and the Note Guarantors; action; (iii3) shall will apply irrespective of any waiver indulgence granted by any Holder of the Notes or the Trustee from time to timeHolder; and and (iv4) shall will continue in full force and effect notwithstanding any other judgment, order, claim or proof of claim for a liquidated amount in respect of any sum due under the Notes or this Indenture or any other judgment or orderNote.

Currency Indemnity. (a) The U.S. Legal Tender dollar is the sole currency of account and payment for all sums payable by the Issuer Company and any Note Guarantor the Guarantors under or in connection with the Notes or this Indentureand the Note Guarantees, including damages. Any amount received or recovered in respect of the Notes in a currency other than U.S. Legal Tender in respect of the Notes (dollars, whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the IssuerCompany, a Note any Guarantor or any Subsidiary of the Issuer or otherwise) , by any Holder of or by the Notes Trustee, as the case may be, in respect of any sum expressed to be due to it from the Issuer Company or any Note a Guarantor shall only constitute a discharge of them under to the Notes and this Indenture only Company or the Guarantor, as applicable, to the extent of the U.S. Legal Tender dollar amount which the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable to make that purchase on that date, on the first date on which it is practicable to do so). . (b) If that U.S. Legal Tender dollar amount so purchased is less than the U.S. Legal Tender dollar amount expressed to be due to the recipient under any Note or any Note Guarantee thereof or to the Notes or this IndentureTrustee, the Issuer Company and the Note Guarantors shall shall, jointly and severally severally, indemnify and hold harmless the recipient, to the greatest extent permitted by law, them against any loss or cost sustained by it such recipient or the Trustee in making any such purchase. For the purposes of this Section 12.14currency indemnity provision, it will shall be sufficient for the Holder of a Note or the Trustee to certify in a satisfactory manner (indicating the sources of information used) that it would have suffered a loss had an actual purchase of U.S. Legal Tender dollars been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of U.S. Legal Tender dollars on such date had not been practicable, on the first date on which it would have been practicable, it being required that the need for a change of date be certified in the manner mentioned above). (b) The . These indemnities of the Issuer and the Note Guarantors contained in this Section 12.14, to the extent permitted by law: (i) constitute a separate and independent obligation from the Company’s and the Guarantors’ other obligations of the Issuer and the Note Guarantors under this Indenture and the Notes; (ii) Note Guarantees, shall give rise to a separate and independent cause of action against the Issuer and the Note Guarantors; (iii) action, shall apply irrespective of any waiver granted by any Holder of the Notes a Note or the Trustee from time to time; (other than a waiver of the indemnities set out herein) and (iv) shall continue in full force and effect notwithstanding any other judgment, order, claim or proof of claim for a liquidated amount in respect of any sum due under the Notes or this Indenture or any other judgment or order.shall

Currency Indemnity. | (a) The U.S. Legal Tender dollar is the sole currency of account and payment for all sums payable by the Issuer and any Note Company or the Guarantor under or in connection with the Notes Notes, the Guarantees or this IndentureIndenture with respect to the Notes, including damages. Any amount received or recovered in currency other than U.S. Legal Tender dollars in respect of the Notes (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the IssuerCompany, a Note Guarantor or the Guarantor, any Subsidiary of the Issuer or otherwise) by any Holder of the Notes in respect of any sum expressed to be due to it from the Issuer Company or any Note the Guarantor shall only constitute a discharge of them under the Notes Notes, the Guarantor and this Indenture with respect to the Notes only to the extent of the U.S. Legal Tender dollar amount which the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable to make that purchase on that date, on the first date on which it is practicable to do so). If that U.S. Legal Tender dollar amount is less than the U.S. Legal Tender dollar amount expressed to be due to the recipient under the Notes Notes, the Guarantees or this IndentureIndenture with respect to the Notes, each of the Issuer Company and the Note Guarantors Guarantor shall jointly and severally indemnify and hold harmless the recipient, to the greatest extent permitted by law, recipient against any loss or cost sustained by it in making any such purchase. For the purposes of this Section 12.1412.13, it will be sufficient for the Holder of a Note to certify that it would have suffered a loss had an actual purchase of U.S. Legal Tender dollars been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of U.S. Legal Tender dollars on such date had not been practicable, on the first date on which it would have been practicable). (b) The indemnities of each of the Issuer Company and the Note Guarantors Guarantor contained in this Section 12.1412.13, to the extent permitted by law: (i) constitute a separate and independent obligation from the other obligations of each of the Issuer Company and the Note Guarantors Guarantor under the Notes, the Guarantor and this Indenture and with respect to the Notes; (ii) shall give rise to a separate and independent cause of action against each of the Issuer Company and the Note GuarantorsGuarantor; (iii) shall apply irrespective of any waiver granted by any Holder of the Notes or the Trustee with respect to the Notes from time to time; and (iv) shall continue in full force and effect notwithstanding any other judgment, order, claim or proof of claim for a liquidated amount in respect of any sum due under the Notes Notes, the Guarantees or this Indenture with respect to the Notes or any other judgment or order.

Currency Indemnity. (a) U.S. Legal Tender With respect to the Trustee, the Contractual Currency is the sole currency of account and payment for all sums payable by the Issuer and any Note Guarantor Company under or in connection with the Notes or and this Indenture, including damages. Any amount received or recovered in currency other than U.S. Legal Tender the Contractual Currency in respect of the Notes (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up winding up, liquidation or dissolution of the IssuerCompany, a Note Guarantor or any Subsidiary of the Issuer or otherwise) by any the Holder of the Notes in respect of any sum expressed to be due to it from the Issuer or any Note Guarantor Company shall only constitute a discharge of them under the Notes and this Indenture Company only to the extent of the U.S. Legal Tender Contractual Currency amount which the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable possible to make that purchase on that date, on the first date on which it is practicable possible to do so). If that U.S. Legal Tender purchased amount is less than the U.S. Legal Tender Contractual Currency amount expressed to be due to the recipient under the Notes or this Indentureany Note, the Issuer and Company shall indemnify the Note Guarantors shall jointly and severally indemnify and hold harmless the recipient, to the greatest extent permitted by law, recipient against any loss or cost sustained by it in making any such purchaseas a result. For the purposes of this Section 12.14indemnity, it will be sufficient for the Holder of a Note to certify (indicating the sources of information used) that it would have suffered a loss had an the actual purchase of U.S. Legal Tender Contractual Currency been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of U.S. Legal Tender Contractual Currency on such date had not been practicablepossible, on the first date on which it would have been practicablepossible). (b) . The indemnities of the Issuer and the Note Guarantors contained in this Section 12.14foregoing indemnity will, to the extent permitted by law: (i) constitute a separate and independent obligation from the other obligations of the Issuer and the Note Guarantors under this Indenture and the NotesCompany; (ii) shall give rise to a separate and independent cause of action against the Issuer and the Note Guarantorsaction; (iii) shall apply irrespective of any waiver granted by any Holder of the Notes or the Trustee from time to timeHolder; and (iv) shall continue in full force and effect notwithstanding despite any other judgment, order, claim or proof of claim for a liquidated amount in respect of any sum due under the Notes or this Indenture any Note or any other judgment or order. With respect to the Canadian Trustee, if the Contractual Currency of account between the Company and the Canadian Trustee is in any currency other than Canadian Dollars (“foreign currency”), the specification of such foreign currency and the payment thereof is of the essence and such foreign currency shall be the currency of account in all events (the “Required Currency”). If under any applicable laws and whether pursuant to a judgment being made or registered against the Company or for any other reason, any payment of all or part of the indebtedness owing by the Company to the Canadian Trustee for its own account is made or is satisfied in a currency other than the Required Currency (the “Other Currency”), then to the extent that the payment (when converted into the Required Currency at the prevailing rate of exchange on the date of payment, or, if it is not practicable for the Canadian Trustee to purchase the Required Currency with the Other Currency on the date of payment, at the rate of exchange as soon thereafter as it is practicable for it to do so) actually received by the Canadian Trustee falls short of the amount of the indebtedness required to be paid to the Canadian Trustee for its own account, the Company shall, as a separate and independent obligation, indemnify and hold harmless the Canadian Trustee against the amount of such shortfall. For the purpose of this Indenture, “rate of exchange” means the rate at which the Canadian Trustee is able on a foreign exchange market selected by the Canadian Trustee on the relevant date to purchase the Required Currency with the Other Currency and shall take into account any premium and other reasonable costs of exchange.

Currency Indemnity. (a) U.S. Legal Tender Dollars is the sole currency of account and payment for all sums payable by the Issuer Company and any Note Guarantor Subsidiary Guarantor, under or in connection with the Notes Notes, this Indenture or this Indenture, including damagesany Subsidiary Guarantee. Any amount received or recovered in currency other than U.S. Legal Tender in respect of the Notes Dollars (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the IssuerCompany, a Note Guarantor or any Subsidiary of the Issuer or otherwise) by the Trustee, a Paying Agent or any Holder of the Notes in respect of any sum expressed to be due to it from the Issuer or Company and any Note Subsidiary Guarantor shall only constitute a discharge of them it under the Notes and Notes, this Indenture and such Subsidiary Guarantee only to the extent of the U.S. Legal Tender Dollars amount which the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable to make that purchase on that date, on the first date on which it is practicable to do so). If that U.S. Legal Tender Dollars amount is less than the U.S. Legal Tender Dollars amount expressed to be due to the recipient under the Notes or Notes, this Indenture, or the Issuer Subsidiary Guarantee, the Company and any Subsidiary Guarantor shall indemnify the Note Guarantors shall jointly and severally indemnify and hold harmless the recipient, to the greatest extent permitted by law, recipient against any loss or cost sustained by it in making any such purchase. In any event, the Company or relevant Subsidiary Guarantor shall indemnify the Holder against the cost of making any purchase of U.S. Dollars. For the purposes of this Section 12.1411.11, it will shall be sufficient for the Trustee, Paying Agent and/or Holder of a Note to certify in a satisfactory manner that it would have suffered a loss had an actual purchase of U.S. Legal Tender Dollars been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of U.S. Legal Tender Dollars on such date had not been practicable, on the first date on which it would have been practicable)) and that the change of the purchase date was needed. (b) The indemnities of the Issuer Company and the Note Guarantors any Subsidiary Guarantor contained in this Section 12.1411.11, to the extent permitted by law: (i) constitute a separate and independent obligation from the other obligations of the Issuer Company and the Note Guarantors Restricted Subsidiaries under this Indenture and the Notes; (ii) shall give rise to a separate and independent cause of action against the Issuer and the Note GuarantorsCompany; (iii) shall apply irrespective of any waiver indulgence granted by any Holder of the Notes or the Trustee from time to time; and (iv) shall continue in full force and effect notwithstanding any other judgment, order, claim or proof of claim for a liquidated amount in respect of any sum due under the Notes or Notes; and (v) shall survive the termination of this Indenture or any other judgment or orderIndenture.

Currency Indemnity. (a) U.S. Legal Tender Euro is the sole currency of account and payment for all sums payable by under the Issuer Notes, the Guarantees and any Note Guarantor under or in connection with the Notes or this Indenture, including damages. Any amount received or recovered in currency other than U.S. Legal Tender in respect of the Notes or the Guarantees in a currency other than Euro (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-winding up or dissolution of the Issuer, a Note Guarantor or any Subsidiary of the Issuer or otherwise) by any the Trustee and/or a Holder of the Notes in respect of any sum expressed to be due to it such Holder from the Issuer or any Note Guarantor shall only the Guarantors will constitute a discharge of them under the Notes and this Indenture their obligation only to the extent of the U.S. Legal Tender Euro amount which the recipient is able to purchase with the amount so received or recovered in that such other currency on the date of that receipt or recovery (or, if it is not practicable possible to make that purchase Euro on InterXion Holding N.V. Indenture Page 119 that date, on the first date on which it is practicable possible to do so). If the Euro amount that U.S. Legal Tender amount could be recovered following such a purchase is less than the U.S. Legal Tender Euro amount expressed to be due to the recipient under the Notes or this Indentureany Note, the Issuer and the Note Guarantors shall will jointly and severally indemnify and hold harmless the recipient against the cost of the recipient, ’s making a further purchase of Euro in an amount equal to the greatest extent permitted by law, against any loss or cost sustained by it in making any such purchasedifference. For the purposes of this Section 12.1413.14, it will be sufficient for the Holder of a Note Trustee and/or holder to certify that it would have suffered a loss had an the actual purchase of U.S. Legal Tender Euro been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of U.S. Legal Tender Euro on such that date had not been practicablepossible, on the first date on which it would have been practicablepossible). (b) The indemnities of the Issuer and the Note Guarantors contained in this Section 12.14. These indemnities, to the extent permitted by law: : (ia) constitute a separate and independent obligation from the other obligations of the Issuer Issuer’s and the Note Guarantors under this Indenture and the Notes; Guarantors’ other obligations; (iib) shall give rise to a separate and independent cause of action against the Issuer and the Note Guarantors; action; (iiic) shall apply irrespective of any waiver granted by any Holder holder of the Notes or the Trustee from time to timea Note; and and (ivd) shall will continue in full force and effect notwithstanding despite any other judgment, order, claim or proof of claim for a liquidated amount in respect of any sum due under the Notes or this Indenture any Note or any other judgment or order.

Currency Indemnity. (a) U.S. Legal Tender is the sole currency of account and payment for all sums payable by the Issuer and Company or any Note Subsidiary Guarantor under or in connection with the Notes or this Indenture, including damages. Any amount received or recovered in currency other than U.S. Legal Tender in respect of the Notes (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the IssuerCompany, a Note Guarantor or any Subsidiary of the Issuer or otherwise) by any Holder of the Notes in respect of any sum expressed to be due to it from the Issuer Company or any Note Subsidiary Guarantor shall only constitute a discharge of them under the Notes and this Indenture only to the extent of the U.S. Legal Tender amount which the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable to make that purchase on that date, on the first date on which it is practicable to do so). If that U.S. Legal Tender amount is less than the U.S. Legal Tender amount expressed to be due to the recipient under the Notes or this Indenture, to the Issuer extent permissible under applicable law, the Company and the Note Subsidiary Guarantors shall jointly and severally indemnify and hold harmless the recipient, to the greatest extent permitted by law, recipient against any loss or cost sustained by it in making any such purchase. In any event, the Company and the Subsidiary Guarantors shall jointly and severally indemnify the Holder against the cost of making any purchase of U.S. Legal Tender. For the purposes of this Section 12.1411.11, it will be sufficient for the Holder of a Note to certify in a satisfactory manner that it would have suffered a loss had an actual purchase of U.S. Legal Tender been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of U.S. Legal Tender on such date had not been practicable, on the first date on which it would have been practicable)) and that the change of the purchase date was needed. (b) The indemnities of the Issuer Company and the Note Subsidiary Guarantors contained in this Section 12.1411.11, to the extent permitted by law: (i) constitute a separate and independent obligation from the other obligations of the Issuer Company and the Note Subsidiary Guarantors under this Indenture and the Notes; (ii) shall give rise to a separate and independent cause of action against the Issuer Company and the Note Subsidiary Guarantors; (iii) shall apply irrespective of any waiver indulgence granted by any Holder of the Notes or the Trustee from time to time; and (iv) shall continue in full force and effect notwithstanding any other judgment, order, claim or proof of claim for a liquidated amount in respect of any sum due under the Notes or this Indenture or any other judgment or orderNotes.

Currency Indemnity. (a) U.S. Legal Tender The Euro is the sole currency of account and payment for all sums payable by the Issuer and any Note Guarantor Company under or in connection with the Notes or this IndentureNotes, including damages. Any amount received or recovered in a currency other than U.S. Legal Tender in respect of the Notes euro (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the Issuer, a Note Guarantor or any Subsidiary of the Issuer Company or otherwise) by any Holder of a Note or the Notes Trustee in respect of any sum expressed to be due to it from the Issuer or any Note Guarantor shall Company will only constitute a discharge of them under to the Notes and this Indenture only Company to the extent of the U.S. Legal Tender Euro amount which the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable to make that purchase on that date, on the first date on which it is practicable to do so). If that U.S. Legal Tender Euro amount is less than the U.S. Legal Tender Euro amount expressed to be due to the recipient under any Note or the Notes or this IndentureTrustee, the Issuer and the Note Guarantors shall jointly and severally Company will indemnify and hold harmless the recipient, to the greatest extent permitted by law, them against any loss or cost sustained by it in them as a result. In any event, the Company will indemnify the recipient against the cost of making any such purchase. For the purposes of this Section 12.1411.12, it will be sufficient for the Holder of a Note or the Trustee to certify in a satisfactory manner (indicating the sources of information used) that it would have suffered a loss had an actual purchase of U.S. Legal Tender Euro been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of U.S. Legal Tender euro on such date had not been practicable, on the first date on which it would have been practicable, it being required that the need for a change of date be certified in the manner mentioned above). (b) The . These indemnities of the Issuer and the Note Guarantors contained in this Section 12.14, to the extent permitted by law: (i) constitute a separate and independent obligation from the Company's other obligations of the Issuer and the Note Guarantors under this Indenture and the Notes; (ii) shall obligations, will give rise to a separate and independent cause of action against the Issuer and the Note Guarantors; (iii) shall action, will apply irrespective of any waiver indulgence granted by any Holder of the Notes a Note or the Trustee from time to time; and (iv) shall will continue in full force and effect notwithstanding despite any other judgment, order, claim or proof of claim for a liquidated amount in respect of any sum due under any Note or the Notes or this Indenture or any other judgment or orderTrustee.

Currency Indemnity. (a) U.S. Legal Tender is the sole currency of account The Company and payment for each Guarantor will pay all sums payable by under this Indenture or the Issuer and any Note Guarantor under or notes solely in connection with the Notes or this Indenture, including damagesU.S. dollars. Any amount received that a Holder of Notes receives or recovered recovers in a currency other than U.S. Legal Tender in respect of the Notes (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the Issuer, a Note Guarantor or any Subsidiary of the Issuer or otherwise) by any Holder of the Notes dollars in respect of any sum expressed to be due to it from the Issuer Company or any Note Guarantor shall will only constitute a discharge of them under the Notes and this Indenture only to the extent of the U.S. Legal Tender dollar amount which the recipient such Holder is able to purchase with the amount so received or recovered in that other currency on the date of that the receipt or recovery (or, if it is not practicable to make that the purchase on that date, on the first date on which it such Holder is practicable able to do so). If that the U.S. Legal Tender dollar amount is less than the U.S. Legal Tender dollar amount expressed to be due to the recipient such Holder under the Notes or this Indentureany Note, the Issuer Company and the Note Guarantors shall will jointly and severally indemnify and hold harmless the recipient, to the greatest extent permitted by law, such Holder against any loss or it sustains as a result. In any event, the Company and the Guarantors will jointly and severally indemnify such Holder against the cost sustained by it in of making any such purchasepurchase of U.S. dollars. For the purposes of this Section 12.14clause (a), it will be sufficient for the such Holder of a Note to certify in a satisfactory manner that it such Holder would have suffered a loss had an actual purchase of U.S. Legal Tender dollars been made with the amount so received in that other currency on the date of receipt or recovery (or, if a it was not practicable to make the purchase of U.S. Legal Tender on such date had not been practicablethat date, on the first date on which it would have been practicable)such Holder was able to do so. In addition, such Holder will also be required to certify in a satisfactory manner the need for a change of the purchase date. (b) The indemnities set forth in clause (a) of the Issuer and the Note Guarantors contained in this Section 12.14, to the extent permitted by law: 4.20: (i1) constitute a separate and independent obligation from the other obligations of the Issuer Company and the Note Guarantors under this Indenture and the Notes; Guarantors; (ii2) shall will give rise to a separate and independent cause of action against the Issuer and the Note Guarantors; action; (iii3) shall will apply irrespective of any waiver indulgence granted by any Holder of the Notes or the Trustee from time to timeHolder; and and (iv4) shall will continue in full force and effect notwithstanding any other judgment, order, claim or proof of claim for a liquidated amount in respect of any sum due under the Notes or this Indenture or any other judgment or orderNote.

Currency Indemnity. U.S dollars with respect to the Dollar Notes, and euro, with respect to the Euro Notes, are the required currencies (aeach, a “Required Currency”) U.S. Legal Tender is the sole currency of account and payment for all sums payable by the Issuer and any Note Guarantor under or in connection with the Notes or and this Indenture, including damages. Any amount received or recovered in currency other than U.S. Legal Tender in respect of the Notes or otherwise under this Indenture in a currency other than the applicable Required Currency (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-winding up or dissolution of the Issuer, a Note Guarantor or any Subsidiary of the Issuer or otherwise) by any the Trustee or a Holder of the Notes in respect of any sum expressed to be due to it such Holder from the Issuer or any Note Guarantor shall only constitute a discharge of them under the Notes and this Indenture Issuer’s obligations only to the extent of the U.S. Legal Tender amount of the applicable Required Currency which the recipient is able to purchase with the amount so received or recovered in that such other currency on the date of that receipt or recovery (or, if it is not practicable possible to make that purchase the applicable Required Currency on that date, on the first date on which it is practicable possible to do so). If that U.S. Legal Tender the amount of the applicable Required Currency to be recovered is less than the U.S. Legal Tender amount of the applicable Required Currency expressed to be due to the recipient under the Notes or this Indentureany Note, the Issuer and shall indemnify the Note Guarantors shall jointly and severally indemnify and hold harmless recipient against the recipient, to the greatest extent permitted by law, against any loss or cost sustained by it in of making any further purchase of the applicable Required Currency in an amount equal to such purchasedifference. For the purposes of this Section 12.14, it will be sufficient for the Holder of a Note holder to certify that it would have suffered a loss had an the actual purchase of U.S. Legal Tender the applicable Required Currency been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of U.S. Legal Tender the applicable Required Currency on such that date had not been practicablepossible, on the first date on which it would have been practicablepossible). (b) . The indemnities of the Issuer and the Note Guarantors contained in this Section 12.14foregoing indemnities, to the extent permitted by law: (ia) constitute a separate and independent obligation from the other obligations of the Issuer and the Note Guarantors under this Indenture and the NotesIssuer; (iib) shall give rise to a separate and independent cause of action against the Issuer and the Note Guarantorsaction; (iiic) shall apply irrespective of any waiver granted by any Holder of the Notes or the Trustee from time to timeHolder; and (ivd) shall continue in full force and effect notwithstanding despite any other judgment, order, claim or proof of claim for a liquidated amount in respect of any sum due under the Notes any Note or this Indenture or any other judgment or order.

Currency Indemnity. (a) U.S. Legal Tender Dollars is the sole currency of account and payment for all sums payable by the Issuer Company, and any Note Guarantor Restricted Subsidiary which after the Issue Date provides a Subsidiary Guarantee, under or in connection with the Notes Notes, this Indenture or this Indenture, including damagessuch Subsidiary Guarantee. Any amount received or recovered in currency other than U.S. Legal Tender in respect of the Notes Dollars (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the IssuerCompany, a Note Guarantor or any Subsidiary of the Issuer or otherwise) by any Holder of the Notes in respect of any sum expressed to be due to it from the Issuer or Company, and any Note Guarantor Restricted Subsidiary which after the Issue Date provides a Subsidiary Guarantee, shall only constitute a discharge of them it under the Notes and Notes, this Indenture and the Subsidiary Guarantee only to the extent of the U.S. Legal Tender Dollars amount which the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable to make that purchase on that date, on the first date on which it is practicable to do so). If that U.S. Legal Tender Dollars amount is less than the U.S. Legal Tender Dollars amount expressed to be due to the recipient under the Notes or Notes, this Indenture, or the Issuer Subsidiary Guarantee, the Company, and any Restricted Subsidiary which after the Note Guarantors Issue Date provides a Subsidiary Guarantee, shall jointly and severally indemnify and hold harmless the recipient, to the greatest extent permitted by law, recipient against any loss or cost sustained by it in making any such purchase. In any event, the Company shall indemnify the Holder against the cost of making any purchase of U.S. Dollars. For the purposes of this Section 12.1410.11, it will shall be sufficient for the Holder of a Note to certify in a manner reasonably satisfactory to the Company that it would have suffered a loss had an actual purchase of U.S. Legal Tender Dollars been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of U.S. Legal Tender Dollars on such date had not been practicable, on the first date on which it would have been practicable)) and that the change of the purchase date was needed. (b) The indemnities of the Issuer Company, and any Restricted Subsidiary which after the Note Guarantors Issue Date provides a Subsidiary Guarantee, contained in this Section 12.1410.11, to the extent permitted by law: (i) constitute a separate and independent obligation from the other obligations of the Issuer Company and the Note Guarantors Restricted Subsidiaries under this Indenture and the Notes; (ii) shall give rise to a separate and independent cause of action against the Issuer and the Note GuarantorsCompany; (iii) shall apply irrespective of any waiver indulgence granted by any Holder of the Notes or the Trustee from time to time; and (iv) shall continue in full force and effect notwithstanding any other judgment, order, claim or proof of claim for a liquidated amount in respect of any sum due under the Notes or this Indenture or any other judgment or orderNotes.

Currency Indemnity. (a) U.S. Legal Tender is the sole currency of account and payment for all sums payable by the Issuer and any Note Guarantor under or in connection with the Notes or this Indenture, including damages. Any amount received or recovered in currency other than U.S. Legal Tender in respect of the Notes (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the Issuer, a Note Guarantor or any Subsidiary of the Issuer or otherwise) by any Holder of the Notes in respect of any sum expressed to be due to it from the Issuer Company or any Note Guarantor shall only constitute a discharge of them under the Notes and this Indenture only to the extent of the U.S. Legal Tender amount which the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable to make that purchase on that date, on the first date on which it is practicable to do so). If that U.S. Legal Tender amount is less than the U.S. Legal Tender amount expressed to be due to the recipient under the Notes or this Indenture, the Issuer and the Note Guarantors shall jointly and severally indemnify and hold harmless the recipient, to the greatest extent permitted by law, recipient against any loss or cost sustained by it in making any such purchase. For the purposes of this Section 12.1412.13, it will be sufficient for the Holder of a Note to certify that it would have suffered a loss had an actual purchase of U.S. Legal Tender been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of U.S. Legal Tender on such date had not been practicable, on the first date on which it would have been practicable). (b) The indemnities of the Issuer and the Note Guarantors contained in this Section 12.1412.13, to the extent permitted by law: (i) constitute a separate and independent obligation from the other obligations of the Issuer and the Note Guarantors under this Indenture and the Notes; (ii) shall give rise to a separate and independent cause of action against the Issuer and the Note Guarantors; (iii) shall apply irrespective of any waiver granted by any Holder of the Notes or the Trustee from time to time; and (iv) shall continue in full force and effect notwithstanding any other judgment, order, claim or proof of claim for a liquidated amount in respect of any sum due under the Notes or this Indenture or any other judgment or order.

Currency Indemnity. The U.S. dollar (aor any of its successor currencies) U.S. Legal Tender is the sole currency of account and payment for all sums payable by the Issuer and any Note Guarantor under or in connection with the Notes or this Indenture, including damages. Any amount received or recovered in a currency other than the U.S. Legal Tender dollar in respect of the Notes (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the Issuer, a Note Guarantor or any Guarantor, any Subsidiary of the Issuer or otherwise) by any the Holder of the Notes in respect of any sum expressed to be due to it from the Issuer or any Note Guarantor shall only will constitute a discharge of them under the Notes and this Indenture Issuer only to the extent of the U.S. Legal Tender dollar amount which the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable possible to make that purchase on that date, on the first date on which it is practicable possible to do so). If that U.S. Legal Tender dollar amount is less than the U.S. Legal Tender dollar amount expressed to be due to the recipient under the Notes or this Indentureany Note, the Issuer and will indemnify the Note Guarantors shall jointly and severally indemnify and hold harmless the recipient, to the greatest extent permitted by law, recipient against any loss or cost sustained by it in as a result. In any event the Issuer will indemnify the recipient against the cost of making any such purchase. For the purposes of this Section 12.14indemnity, it will be sufficient for the Holder of a Note to certify that it would have suffered a loss had an actual purchase of U.S. Legal Tender dollars been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of U.S. Legal Tender dollars on such date had not been practicable, on the first date on which it would have been practicable). (b) The . These indemnities of the Issuer and the Note Guarantors contained in this Section 12.14, to the extent permitted by law: (i) constitute a separate and independent obligation from the other obligations of the Issuer and the Note Guarantors under this Indenture and the Notes; (ii) shall Issuer, will give rise to a separate and independent cause of action against the Issuer and the Note Guarantors; (iii) shall action, will apply irrespective of any waiver granted by any Holder of the Notes or the Trustee from time to time; holder and (iv) shall will continue in full force and effect notwithstanding despite any other judgment, order, claim or proof of claim for a liquidated amount in respect of any sum due under the Notes or this Indenture any Note or any other judgment or order.. 52

Currency Indemnity. (a) U.S. Legal Tender The Euro is the sole currency of account and payment for all sums payable by the Issuer and any Note Guarantor Company under or in connection with the Notes or this IndentureNotes, including damages. Any amount received or recovered in a currency other than U.S. Legal Tender in respect of the Notes euro (whether as a result 105 of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the Issuer, a Note Guarantor or any Subsidiary of the Issuer Company or otherwise) by any Holder of a Note or the Notes Trustee in respect of any sum expressed to be due to it from the Issuer or any Note Guarantor shall Company will only constitute a discharge of them under to the Notes and this Indenture only Company to the extent of the U.S. Legal Tender euro amount which the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable to make that purchase on that date, on the first date on which it is practicable to do so). If that U.S. Legal Tender euro amount is less than the U.S. Legal Tender euro amount expressed to be due to the recipient under any Note or the Notes or this IndentureTrustee, the Issuer and the Note Guarantors shall jointly and severally Company will indemnify and hold harmless the recipient, to the greatest extent permitted by law, them against any loss or cost sustained by it in them as a result. In any event, the Company will indemnify the recipient against the cost of making any such purchase. For the purposes of this Section 12.1411.12, it will be sufficient for the Holder of a Note or the Trustee to certify in a satisfactory manner (indicating the sources of information used) that it would have suffered a loss had an actual purchase of U.S. Legal Tender euro been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of U.S. Legal Tender euro on such date had not been practicable, on the first date on which it would have been practicable, it being required that the need for a change of date be certified in the manner mentioned above). (b) The . These indemnities of the Issuer and the Note Guarantors contained in this Section 12.14, to the extent permitted by law: (i) constitute a separate and independent obligation from the Company's other obligations of the Issuer and the Note Guarantors under this Indenture and the Notes; (ii) shall obligations, will give rise to a separate and independent cause of action against the Issuer and the Note Guarantors; (iii) shall action, will apply irrespective of any waiver indulgence granted by any Holder of the Notes a Note or the Trustee from time to time; and (iv) shall will continue in full force and effect notwithstanding despite any other judgment, order, claim or proof of claim for a liquidated amount in respect of any sum due under any Note or the Notes or this Indenture or any other judgment or orderTrustee.

Currency Indemnity. (a) The U.S. Legal Tender Dollar is the sole currency of account and payment for all sums payable by the Issuer Company and any Note Guarantor the Guarantors under or in connection with the Notes or this Indenture, including damagesand the Note Guarantees (the “Contractual Currency”). Any amount received or recovered in a currency other than U.S. Legal Tender the Contractual Currency in respect of the Notes or the Note Guarantees (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up winding up, liquidation or dissolution of the Issuerany Guarantor, a Note Guarantor or any Subsidiary of the Issuer or otherwise) by any a Holder of the Notes in respect of any sum expressed to be due to it from the Issuer Company or any Note Guarantor shall only will constitute a discharge of them under the Notes and this Indenture Company or the Guarantor, as the case may be, only to the extent of the U.S. Legal Tender Contractual Currency amount which the recipient Holder is able to purchase with the amount so received or recovered in that such other currency on the date of that receipt or recovery (or, if it is not practicable possible to make that purchase on that date, on the first date on which it is practicable possible to do so). If that U.S. Legal Tender purchased amount is less than the U.S. Legal Tender Contractual Currency amount expressed to be due to the recipient Holder under the Notes or this Indentureany Note, the Issuer Company and the Note Guarantors shall jointly and severally will indemnify and hold harmless the recipient, to the greatest extent permitted by law, Holder against any loss or cost sustained by it in making any such purchaseas a result. For the purposes of this Section 12.14indemnity, it will be sufficient for the Holder of a Note to certify (indicating the sources of information used) that it would have suffered a loss had an the actual purchase of U.S. Legal Tender Contractual Currency been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of U.S. Legal Tender Contractual Currency on such date had not been practicablepossible, on the first date on which it would have been practicablepossible). (b) The indemnities Each of the Issuer and the Note Guarantors contained in this Section 12.14above indemnities will, to the extent permitted by law: : (i1) constitute a separate and independent obligation from the other obligations of the Issuer and Company or the Note Guarantors under this Indenture and the Notes; Guarantors; (ii2) shall give rise to a separate and independent cause of action against the Issuer and the Note Guarantors; action; (iii3) shall apply irrespective of any waiver granted by any Holder of the Notes or the Trustee from time to timeHolder; and and (iv4) shall continue in full force and effect notwithstanding despite any other judgment, order, claim or proof of claim for a liquidated amount in respect of any sum due under the Notes or this Indenture any Note or any other judgment or order.

Currency Indemnity. (a) U.S. Legal Tender is the sole currency of account and payment for all sums payable by the Issuer and any Note Guarantor under or in connection with the Dollar Notes or this Indenture, including damages. Any amount received or recovered in currency other than U.S. Legal Tender in respect of the Dollar Notes (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the Issuer, a Note Guarantor or any Subsidiary of the Issuer or otherwise) by any Holder of the Dollar Notes in respect of any sum expressed to be due to it from the Issuer or any Note Guarantor shall only constitute a discharge of them under the Dollar Notes and this Indenture only to the extent of the U.S. Legal Tender amount which the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable to make that purchase on that date, on the first date on which it is practicable to do so). If that U.S. Legal Tender amount is less than the U.S. Legal Tender amount expressed to be due to the recipient under the Dollar Notes or this Indenture, the Issuer and the Note Guarantors shall jointly and severally indemnify and hold harmless the recipient, to the greatest extent permitted by law, recipient against any loss or cost sustained by it in making any such purchase. For the purposes of this Section 12.14, it will be sufficient for the Holder of a Dollar Note to certify that it would have suffered a loss had an actual purchase of U.S. Legal Tender been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of U.S. Legal Tender on such date had not been practicable, on the first date on which it would have been practicable). (b) The Euro is the sole currency of account and payment for all sums payable by the Issuer and any Note Guarantor under or in connection with the Euro Notes or this Indenture, including damages. Any amount received or recovered in currency other than Euros in respect of the Euro Notes (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the Issuer, a Note Guarantor or any Subsidiary of the Issuer or otherwise) by any Holder of the Euro Notes in respect of any sum expressed to be due to it from the Issuer or any Note Guarantor shall only constitute a discharge of them under the Euro Notes and this Indenture only to the extent of the Euro amount which the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable to make that purchase on that date, on the first date on which it is practicable to do so). If that Euro amount is less than the Euro amount expressed to be due to the recipient under the Euro Notes or this Indenture, the Issuer and the Note Guarantors shall jointly and severally indemnify and hold harmless the recipient against any loss or cost sustained by it in making any such purchase. For the purposes of this Section 12.14, it will be sufficient for the Holder of a Euro Note to certify that it would have suffered a loss had an actual purchase of Euro been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of Euro on such date had not been practicable, on the first date on which it would have been practicable). (c) The indemnities of the Issuer and the Note Guarantors contained in this Section 12.14, to the extent permitted by law: (i) constitute a separate and independent obligation from the other obligations of the Issuer and the Note Guarantors under this Indenture and the Notes; (ii) shall give rise to a separate and independent cause of action against the Issuer and the Note Guarantors; (iii) shall apply irrespective of any waiver granted by any Holder of the Notes or the Trustee from time to time; and (iv) shall continue in full force and effect notwithstanding any other judgment, order, claim or proof of claim for a liquidated amount in respect of any sum due under the Notes or this Indenture or any other judgment or order.

Currency Indemnity. (a) U.S. Legal Tender is the sole currency of account and payment for all All sums payable by the Issuer or the Guarantors under the Junior Notes, the Guarantee of the Junior Notes and any Note Guarantor under or this Indenture shall be payable in connection with the Notes or this Indenture, including damagesRelevant Currency. Any amount received or recovered in a currency other than U.S. Legal Tender in the Relevant Currency with respect of to the Junior Notes (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-winding up or dissolution of the Issuer, a Note Guarantor or any Guarantor, any Subsidiary of the Issuer or otherwise) ), by any the Holder of the such Junior Notes in respect of any sum expressed to be due to it from the Issuer or any Note Guarantor shall only constitute a discharge of them under the Notes and this Indenture Issuer or any Guarantor only to the extent of the U.S. Legal Tender Relevant Currency amount which the recipient is able to purchase with the amount so received or recovered in that other currency on the date of receipt of that receipt or recovery (or, if it is not practicable possible to make that purchase on that date, on the first date on which it is practicable possible to do so). If that U.S. Legal Tender Relevant Currency amount is less than the U.S. Legal Tender Relevant Currency amount expressed to be due to the recipient under the Notes or this Indentureany Junior Note, the Issuer and the Note Guarantors shall each Guarantor, jointly and severally severally, shall indemnify and hold harmless the recipient, to recipient against the greatest extent permitted by law, against any loss or cost sustained by it in of making any such purchase. For the purposes of this Section 12.14indemnity, it will be sufficient for the Holder of a Note to certify (indicating the sources of information used) that it would have suffered a loss had an the actual purchase of U.S. Legal Tender the Relevant Currency been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of U.S. Legal Tender the Relevant Currency on such date had not been practicablepossible, on the first date on which it would have been practicablepossible). (b) The indemnities of the Issuer and the Note Guarantors contained in this Section 12.14. These indemnities, to the extent permitted by law: (i1) constitute a separate and independent obligation from the other obligations of the Issuer and the Note Guarantors under this Indenture and the Noteseach Guarantor; (ii2) shall give rise to a separate and independent cause of action against the Issuer and the Note Guarantorsaction; (iii3) shall apply irrespective of any waiver granted by any Holder of the Notes or the Trustee from time to timeJunior Notes; and (iv4) shall continue in full force and effect notwithstanding despite any other judgment, order, claim or proof of claim for a liquidated amount in respect of any sum due under the Notes or this Indenture any Junior Note, or any other judgment or order.

Currency Indemnity. (a) U.S. Legal Tender dollars is the sole currency ------------------ of account and payment for all sums payable by the Issuer and any Note Guarantor Issuers under or in connection with the Notes or this IndentureSecurities, including damages. Any amount received or recovered in a currency other than U.S. Legal Tender in respect of the Notes dollars (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the Issuer, a Note Guarantor or any Subsidiary either of the Issuer Issuers or otherwise) by any Holder holder of the Notes a Security in respect of any sum expressed to be due to it from the Issuer or any Note Guarantor Issuers shall only constitute a discharge of them under to the Notes and this Indenture only Issuers to the extent of the U.S. Legal Tender dollar amount which the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable to make that purchase on that the date, on the first date on which it is practicable to do so). If that the U.S. Legal Tender dollar amount is less than the U.S. Legal Tender dollar amount expressed to be due to the recipient under the Notes or this Indentureany Security, the Issuer and Issuers shall indemnify the Note Guarantors shall jointly and severally indemnify and hold harmless the recipient, to the greatest extent permitted by law, recipient against any loss or cost sustained by it in as a result. In any event, the Issuers shall indemnify the recipient against the cost of making any such purchase. For the purposes of this Section 12.142.14, it will be sufficient for the Holder of a Note Security shall certify in a satisfactory manner to certify the Trustee (indicating the sources of information used) that it would have suffered a loss had an actual purchase of U.S. Legal Tender dollars been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of U.S. Legal Tender dollars on such date had not been practicablepracticable due to currency market conditions generally, on the first date on which it would have been practicable, it being required that the need for a change of date be certified in the manner mentioned above). (b) The . These indemnities of the Issuer and the Note Guarantors contained in this Section 12.14, to the extent permitted by law: (i) constitute a separate and independent obligation from the other obligations of the Issuer and the Note Guarantors under this Indenture and the Notes; (ii) Issuers, shall give rise to a separate and independent cause of action against the Issuer and the Note Guarantors; (iii) action, shall apply irrespective of any waiver indulgence granted by any Holder holder of the Notes or the Trustee from time to time; a Security and (iv) shall continue in full force and effect notwithstanding despite any other judgment, order, claim or proof of claim for a liquidated amount in respect of any sum due under the Notes or this Indenture or any other judgment or orderSecurity.

Currency Indemnity. (a) U.S. Legal Tender is the sole currency of account and payment for all All sums payable by the Issuer or the Guarantors under the Senior Notes, the Guarantee of the Senior Notes and any Note Guarantor under or this Indenture shall be payable in connection with the Notes or this Indenture, including damagesRelevant Currency. Any amount received or recovered in a currency other than U.S. Legal Tender in the Relevant Currency with respect of to the Senior Notes (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-winding up or dissolution of the Issuer, a Note Guarantor or any Guarantor, any Subsidiary of the Issuer or otherwise) ), by any the Holder of the such Senior Notes in respect of any sum expressed to be due to it from the Issuer or any Note Guarantor shall only constitute a discharge of them under the Notes and this Indenture Issuer or any Guarantor only to the extent of the U.S. Legal Tender Relevant Currency amount which the recipient is able to purchase with the amount so received or recovered in that other currency on the date of receipt of that receipt or recovery (or, if it is not practicable possible to make that purchase on that date, on the first date on which it is practicable possible to do so). If that U.S. Legal Tender Relevant Currency amount is less than the U.S. Legal Tender Relevant Currency amount expressed to be due to the recipient under the Notes or this Indentureany Senior Note, the Issuer and the Note Guarantors shall each Guarantor, jointly and severally severally, shall indemnify and hold harmless the recipient, to recipient against the greatest extent permitted by law, against any loss or cost sustained by it in of making any such purchase. For the purposes of this Section 12.14indemnity, it will be sufficient for the Holder of a Note to certify (indicating the sources of information used) that it would have suffered a loss had an the actual purchase of U.S. Legal Tender the Relevant Currency been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of U.S. Legal Tender the Relevant Currency on such date had not been practicablepossible, on the first date on which it would have been practicablepossible). (b) The indemnities of the Issuer and the Note Guarantors contained in this Section 12.14. These indemnities, to the extent permitted by law: (i1) constitute a separate and independent obligation from the other obligations of the Issuer and the Note Guarantors under this Indenture and the Noteseach Guarantor; (ii2) shall give rise to a separate and independent cause of action against the Issuer and the Note Guarantors; (iii) shall apply irrespective of any waiver granted by any Holder of the Notes or the Trustee from time to time; and (iv) shall continue in full force and effect notwithstanding any other judgment, order, claim or proof of claim for a liquidated amount in respect of any sum due under the Notes or this Indenture or any other judgment or order.action;

Currency Indemnity. (a) U.S. Legal Tender is dollars are the sole currency of account and payment for all sums payable by the Issuer and any Note Guarantor Company under or in connection with the Notes or this IndentureNotes, including damages. Any To the greatest extent permitted under applicable law, any amount received or recovered in a currency other than U.S. Legal Tender in respect of the Notes dollars (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-winding up or dissolution of the Issuer, a Note Guarantor or any Subsidiary of the Issuer Company or otherwise) by any Holder of the Notes a Note in respect of any sum expressed to be due to it from the Issuer or any Note Guarantor Company shall only constitute a discharge of them under to the Notes and this Indenture Company only to the extent of the U.S. Legal Tender dollar amount which the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable to make that purchase on that date, on the first date on which it is practicable to do so). If that U.S. Legal Tender dollar amount is less than the U.S. Legal Tender dollar amount expressed to be due to the recipient under the Notes or this Indentureany Note, the Issuer and Company shall indemnify the Note Guarantors shall jointly and severally indemnify and hold harmless the recipient, to the greatest extent permitted by law, recipient against any loss or cost sustained by it in as a result. In any event, the Company shall indemnify the recipient against the cost of making any such purchase. For the purposes of this Section 12.1413.01, it will be sufficient for the Holder of a Note to certify in a satisfactory manner (indicating the sources of information used) that it would have suffered a loss had an actual purchase of U.S. Legal Tender dollars been made with the amount so received or recovered in that other currency on the date of receipt or recovery (or, if a purchase of U.S. Legal Tender dollars on such date had not been practicable, on the first date on which it would have been practicable, it being required that the need for a change of date be certified in the manner mentioned above). (b) The . These indemnities of the Issuer and the Note Guarantors contained in this Section 12.14, to the extent permitted by law: (i) constitute a separate and independent obligation from the other obligations of the Issuer and the Note Guarantors under this Indenture and the Notes; (ii) Company, shall give rise to a separate and independent cause of action against the Issuer and the Note Guarantors; (iii) action, shall apply irrespective of any waiver indulgence granted by any Holder of the Notes or the Trustee from time to time; a Note and (iv) shall continue constitute in full force and effect notwithstanding despite any other judgment, order, claim or proof of claim for a liquidated amount in respect of any sum due under the Notes or this Indenture or any other judgment or orderNote.

Currency Indemnity. (a) U.S. Legal Tender Dollars is the sole currency of account and payment for all sums payable by the Issuer Company and any Note Guarantor Subsidiary Guarantor, under or in connection with the Notes Notes, this Indenture or this Indenture, including damagesany Subsidiary Guarantee. Any amount received or recovered in currency other than U.S. Legal Tender in respect of the Notes Dollars (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the IssuerCompany, a Note Guarantor or any Subsidiary of the Issuer or otherwise) by the Trustee, a Paying Agent or any Holder of the Notes in respect of any sum expressed to be due to it from the Issuer or Company and any Note Subsidiary Guarantor shall only constitute a discharge of them it under the Notes and Notes, this Indenture and such Subsidiary Guarantee only to the extent of the U.S. Legal Tender Dollars amount which the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable to make that purchase on that date, on the first date on which it is practicable to do so). If that U.S. Legal Tender Dollars amount is less than the U.S. Legal Tender Dollars amount expressed to be due to the recipient under the Notes or Notes, this Indenture, or the Issuer Subsidiary Guarantee, the Company and any Subsidiary Guarantor shall indemnify the Note Guarantors shall jointly and severally indemnify and hold harmless the recipient, to the greatest extent permitted by law, recipient against any loss or cost sustained by it in making any such purchase. In any event, the Company or relevant Subsidiary Guarantor shall indemnify the Holder, to the greatest extent permitted under applicable law, against the cost of making any purchase of U.S. Dollars. For the purposes of this Section 12.1411.11, it will shall be sufficient for the Trustee, Paying Agent and/or Holder of a Note to certify in a satisfactory manner that it would have suffered a loss had an actual purchase of U.S. Legal Tender Dollars been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of U.S. Legal Tender Dollars on such date had not been practicable, on the first date on which it would have been practicable)) and that the change of the purchase date was needed. (b) The indemnities of the Issuer Company and the Note Guarantors any Subsidiary Guarantor contained in this Section 12.1411.11, to the extent permitted by law: (i) constitute a separate and independent obligation from the other obligations of the Issuer Company and the Note Subsidiary Guarantors under this Indenture and the Notes; (ii) shall give rise to a separate and independent cause of action against the Issuer and the Note GuarantorsCompany; (iii) shall apply irrespective of any waiver indulgence granted by any Holder of the Notes or the Trustee from time to time; and (iv) shall continue in full force and effect notwithstanding any other judgment, order, claim or proof of claim for a liquidated amount in respect of any sum due under the Notes or Notes; and (v) shall survive the termination of this Indenture or any other judgment or orderIndenture.

Currency Indemnity. (a) The U.S. Legal Tender dollar is the sole currency of account and payment for all sums payable by the Issuer Company and any each Note Guarantor under or in connection with the Notes or this Indenture, including damagesNotes. Any amount received or recovered in a currency other than the U.S. Legal Tender dollar in respect of the Notes (whether as a result of, or of by the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the Issuer, a Note Guarantor Trustee or any Subsidiary of the Issuer or otherwise) by any Holder of the Notes in respect of any sum expressed to be due to it from the Issuer or Company and any Note Guarantor shall only Guarantors will constitute a discharge of them under the Notes Company and this Indenture any Note Guarantors only to the extent of the U.S. Legal Tender dollar amount which the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable possible to make that purchase on that date, on the first date on which it is practicable possible to do so). If that U.S. Legal Tender dollar amount is less than the U.S. Legal Tender dollar amount expressed to be due to the recipient under the Notes or this Indentureany Note, the Issuer Company and the any Note Guarantors shall will jointly and severally indemnify and hold harmless the recipient, to the greatest extent permitted by law, recipient against any loss or cost sustained by it in as a result. In any event the Company and any Note Guarantors will indemnify the recipient against the cost of making any such purchase. For the purposes of this Section 12.144.21, it will be sufficient for a Holder or the Holder of a Note Trustee to certify in a satisfactory manner that it would have suffered a loss had an actual purchase of U.S. Legal Tender dollars been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of U.S. Legal Tender dollars on such date had not been practicable, on the first date on which it would have been practicable). (b) The indemnities and to certify in a satisfactory manner the need for a change of the Issuer and the Note Guarantors contained in this Section 12.14, to the extent permitted by law: purchase date. These indemnities (i1) constitute a separate and independent obligation from the other obligations of the Issuer Company and the any Note Guarantors under this Indenture and the Notes; Guarantors, (ii2) shall will give rise to a separate and independent cause of action against the Issuer and the Note Guarantors; action, (iii3) shall will apply irrespective of any waiver indulgence granted by any Holder of the Notes or the Trustee from time to time; and (iv4) shall will continue in full force and effect notwithstanding despite any other judgment, order, claim or proof of claim for a liquidated amount in respect of any sum due under the Notes or this Indenture any Note or any other judgment or order.

Currency Indemnity. (a) U.S. Legal Tender Dollars is the sole currency of account and payment for all sums payable by the Issuer and any Note Guarantor one Party to another under or in connection with the Notes or this IndentureAgreement, including damages. If, for the purpose of obtaining judgment or enforcement of a judgment in any court, it is necessary to convert a sum due hereunder into another currency, each Party agrees, to the fullest extent that they may effectively do so, that the rate of exchange used will be that at which, in accordance with normal banking procedures, such Party could purchase U.S. Dollars with such other currency in New York City, New York on the day two (2) Business Days preceding the day on which the final judgment is given. (b) Any amount received or recovered in a currency other than U.S. Legal Tender in respect of the Notes Dollars (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-winding up or dissolution of the Issuer, a Note Guarantor or any Subsidiary of the Issuer Party or otherwise, or in accordance with a requirement of Applicable Law) by any Holder of the Notes Party in respect of any sum expressed to be due payable to it from the Issuer or any Note Guarantor shall other Party will only constitute a discharge of them under the Notes and this Indenture only that Party to the extent of the U.S. Legal Tender Dollar amount which the recipient Party is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable to make that purchase on that date, on the first date on which it is practicable to do so). If that U.S. Legal Tender Dollar amount is less than the U.S. Legal Tender Dollar amount expressed to be due to due, the Party owing the sum shall indemnify the recipient under the Notes or this Indenture, the Issuer and the Note Guarantors shall jointly and severally indemnify and hold harmless the recipient, to the greatest extent permitted by law, Party against any loss or cost sustained by it in as a result, and if the amount of U.S. Dollars so purchased is greater than the sum originally due to such recipient Party, such recipient Party will be deemed to have agreed to repay such excess. In any event, the Party owing the sum shall indemnify the recipient Party against the cost of making any such purchase. For the purposes of this Section 12.14, it will be sufficient for the Holder of a Note to certify that it would have suffered a loss had an actual purchase of U.S. Legal Tender been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of U.S. Legal Tender on such date had not been practicable, on the first date on which it would have been practicable). (bc) The indemnities of the Issuer and the Note Guarantors contained in this Section 12.1413.3, to the extent permitted by law: (i) constitute a separate and independent obligation from the other obligations of the Issuer and the Note Guarantors Parties under this Indenture and the Notes; Agreement, (ii) shall give rise to a separate and independent cause of action against the Issuer and the Note Guarantors; action, (iii) shall apply irrespective of any waiver indulgence granted by any Holder of the Notes or the Trustee one Party to another from time to time; and , (iv) shall continue in full force and effect notwithstanding any other judgment, order, claim or proof of claim for a liquidated amount in respect of any sum due under the Notes or this Indenture or any other judgment or orderAgreement and (v) shall survive termination of this Agreement.

Currency Indemnity. (a) U.S. Legal Tender is the The sole currency of account and payment for all sums payable by the Issuer and any Note Guarantor under this Indenture or in connection with the Notes or this Indenture, including damageswith respect to the Dollar Notes is dollars and with respect to the Euro Notes is euros. Any amount received or recovered in a currency other than U.S. Legal Tender in respect of dollars or euros, as the case may be, under this Indenture or the Notes (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the Issuer, a Note Guarantor or any Subsidiary of the Issuer or otherwise) by the Holder, the Trustee or any Holder of the Notes other person in respect of any sum expressed to be due to it from the Issuer or any Note Guarantor shall only will constitute a discharge of them under the Notes and this Indenture Issuer only to the extent of the U.S. Legal Tender amount dollar or euro amount, as the case may be, which the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable possible to make that purchase on that date, on the first date on which it is practicable possible to do so). If that U.S. Legal Tender dollar amount or euro amount, as the case may be, is less than the U.S. Legal Tender dollar amount or euro amount, as the case may be, expressed to be due to the recipient under the Notes this Indenture or this Indentureany Note, the Issuer and will indemnify the Note Guarantors shall jointly and severally indemnify and hold harmless the recipient, to the greatest extent permitted by law, recipient against any loss or cost sustained by it in as a result. In any event the Issuer will indemnify the recipient against the cost of making any such purchase. For the purposes of this Section 12.14indemnity, it will be sufficient for the Holder of a Note Holder, the Trustee or such other person to certify that it would have suffered a loss had an actual purchase of U.S. Legal Tender dollars or euros, as the case may be, been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of U.S. Legal Tender dollars or euros, as the case may be, on such date had not been practicable, on the first date on which it would have been practicable). (b) The . These indemnities of the Issuer and the Note Guarantors contained in this Section 12.14, to the extent permitted by law: (i) constitute a separate and independent obligation from the other obligations of the Issuer and the Note Guarantors under this Indenture and the Notes; (ii) shall Issuer, will give rise to a separate and independent cause of action against the Issuer and the Note Guarantors; (iii) shall action, will apply irrespective of any waiver granted by any Holder of the Notes or the Trustee from time to time; and (iv) shall will continue in full force and effect notwithstanding despite any other judgment, order, claim or proof of claim for a liquidated amount in respect of any sum due under the Notes or this Indenture or any Note or any other judgment or order.

Currency Indemnity. (a) U.S. Legal Tender The euro is the sole currency of account and payment for all sums payable by the Issuer and Issuer, or any Note Subsidiary Guarantor under or in connection with the Notes or this Indenture, including damages. Any amount received or recovered in a currency other than U.S. Legal Tender euro in respect of the Notes Subsidiary Guarantee (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the Issuer, a Note Guarantor or any Subsidiary of the Issuer or otherwise) by any Holder of the Notes holder in respect of any sum expressed to be due to it from the Issuer or any Note Subsidiary Guarantor shall only will constitute a discharge of them under the Notes and this Indenture Issuer only to the extent of the U.S. Legal Tender euro amount which the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable possible to make that purchase on that date, on the first date on which it is practicable possible to do so). If that U.S. Legal Tender such euro amount is less than the U.S. Legal Tender euro amount expressed to be due to the recipient under the Notes any Note or this Indentureany Subsidiary Guarantee, the Issuer and or any Subsidiary Guarantor of the Note Guarantors shall jointly and severally Notes will indemnify and hold harmless the recipient, to the greatest extent permitted by law, recipient against any loss or cost sustained by it in as a result. In any event the Issuer will indemnify the recipient against the cost of making any such purchase. For the purposes of this Section 12.1412.10, it will be sufficient for the Holder holder of a Note to certify that it would have suffered a loss had an actual purchase of U.S. Legal Tender euro been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of U.S. Legal Tender euro on such date had not been practicable, on the first date on which it would have been practicable). (b) The . These indemnities of the Issuer and the Note Guarantors contained in this Section 12.14, to the extent permitted by law: (i) constitute a separate and independent obligation from the other obligations of the Issuer and the Note Guarantors under this Indenture and the Notes; (ii) shall Subsidiary Guarantors, will give rise to a separate and independent cause of action against the Issuer and the Note Guarantors; (iii) shall action, will apply irrespective of any waiver granted by any Holder holder of the Notes or the Trustee from time to time; and (iv) shall will continue in full force and effect notwithstanding despite any other judgment, order, claim or proof of claim for a liquidated amount in respect of any sum due under the Notes any Note or this Indenture any Subsidiary Guarantee or any other judgment or order.

Currency Indemnity. (a) U.S. Legal Tender Dollars is the sole currency of account and payment for all sums payable by the Issuer Company and any Note Guarantor Subsidiary Guarantor, under or in connection with the Notes Notes, this Indenture or this Indenture, including damagesany Subsidiary Guarantee. Any amount received or recovered in currency other than U.S. Legal Tender in respect of the Notes Dollars (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the IssuerCompany, a Note Guarantor or any Subsidiary of the Issuer or otherwise) by any Holder of the Notes payee in respect of any sum expressed to be due to it from the Issuer or Company and any Note Subsidiary Guarantor shall only constitute a discharge of them it under the Notes and Notes, this Indenture only and such Subsidiary Guarantee to the extent of the U.S. Legal Tender Dollar amount which the recipient such payee is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable to make that purchase on that date, on the first date on which it such payee is practicable able to do so). If that U.S. Legal Tender Dollar amount is less than the U.S. Legal Tender Dollar amount expressed to be due to the recipient under the Notes or Notes, this Indenture, or the Issuer Subsidiary Guarantee, the Company and any Subsidiary Guarantor shall indemnify the Note Guarantors shall jointly and severally indemnify and hold harmless the recipient, to the greatest extent permitted by law, recipient against any loss or cost sustained by it in making any such purchase. In any event, the Company and the Subsidiary Guarantors shall indemnify each payee, to the greatest extent permitted under applicable law, against the cost of making any purchase of U.S. Dollars. For the purposes of this Section 12.14‎Section 11.11, it will shall be sufficient for the Holder of a Note payee to certify in a satisfactory manner that it would have suffered a loss had an actual purchase of U.S. Legal Tender Dollars been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of U.S. Legal Tender Dollars on such date had not been practicable, on the first date on which it would have been practicable)) and that the change of the purchase date was needed. (b) The indemnities of the Issuer Company and the Note Guarantors any Subsidiary Guarantor contained in this Section 12.14‎Section 11.11, to the extent permitted by law: (i) constitute a separate and independent obligation from the other obligations of the Issuer Company and the Note Subsidiary Guarantors under this Indenture and the Notes; (ii) shall give rise to a separate and independent cause of action against the Issuer and the Note GuarantorsCompany; (iii) shall apply irrespective of any waiver indulgence granted by any Holder of the Notes or the Trustee from time to time; and (iv) shall continue in full force and effect notwithstanding any other judgment, order, claim or proof of claim for a liquidated amount in respect of any sum due under this Indenture, the Notes or any Subsidiary Guarantee; and (v) shall survive the termination of this Indenture or any other judgment or orderIndenture.

Currency Indemnity. (a) U.S. Legal Tender is dollars are the sole currency of account and payment for all sums payable by under the Issuer Notes, the Guarantees and any Note Guarantor under or in connection with the Notes or this Indenture, including damages. Any amount received or recovered in respect of the Notes or the Guarantees in a currency other than U.S. Legal Tender in respect of the Notes dollars (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-winding up or dissolution of the Issuer, a Note Guarantor or any Subsidiary of the Issuer or otherwise) by any Holder of the Notes Trustee and/or a Securityholder in respect of any sum expressed to be due to it such Securityholder from the Issuer or any Note Guarantor shall only the Guarantors will constitute a discharge of them under the Notes and this Indenture their obligation only to the extent of the U.S. Legal Tender dollar amount which the recipient is able to purchase with the amount so received or recovered in that such other currency on the date of that receipt or recovery (or, if it is not practicable possible to make that purchase U.S. dollars on that date, on the first date on which it is practicable possible to do so). If the U.S. dollar amount that U.S. Legal Tender amount could be recovered following such a purchase is less than the U.S. Legal Tender dollar amount expressed to be due to the recipient under the Notes or this Indentureany Note, the Issuer and the Note Guarantors shall will jointly and severally indemnify and hold harmless the recipient, recipient against the cost of the recipient‟s making a further purchase of U.S. dollars in an amount equal to the greatest extent permitted by law, against any loss or cost sustained by it in making any such purchasedifference. For the purposes of this Section 12.1413.09, it will be sufficient for the Holder of a Note Trustee and/or holder to certify that it would have suffered a loss had an the actual purchase of U.S. Legal Tender dollars been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of U.S. Legal Tender dollars on such that date had not been practicablepossible, on the first date on which it would have been practicablepossible). (b) The indemnities of the Issuer and the Note Guarantors contained in this Section 12.14. These indemnities, to the extent permitted by law: : (ia) constitute a separate and independent obligation from the Issuer‟s and the Guarantors‟ other obligations of the Issuer and the Note Guarantors under this Indenture and contained herein or contained in the Notes; ; (iib) shall give rise to a separate and independent cause of action against contained herein or contained in the Issuer and the Note Guarantors; Notes; (iiic) shall apply irrespective of any waiver granted by any Holder of the Notes or the Trustee from time to timeSecurityholder; and and (ivd) shall will continue in full force and effect notwithstanding any other judgment, order, claim or proof of claim for a liquidated amount in respect of any sum due under the Notes or this Indenture hereunder or any other judgment or order.

Currency Indemnity. (a) U.S. Legal Tender is the sole currency of account and payment for all sums payable by the Issuer and any Note Guarantor Company under or in connection with the Notes Contingent Convertible Units or this IndentureAgreement, including damages. Any To the greatest extent permitted under applicable law, any amount received or recovered in currency other than U.S. Legal Tender in respect of the Notes Contingent Convertible Units (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the Issuer, a Note Guarantor or any Subsidiary of the Issuer Company or otherwise) by any Holder of the Notes in respect of any sum expressed to be due to it from the Issuer or any Note Guarantor Company shall only constitute a discharge of them under the Notes Contingent Convertible Units and this Indenture Agreement only to the extent of the U.S. Legal Tender amount which the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable to make that purchase on that date, on the first date on which it is practicable to do so). If To the greatest extent permitted under applicable law, if that U.S. Legal Tender amount is less than the U.S. Legal Tender amount expressed to be due to the recipient under the Notes Contingent Convertible Units or this IndentureAgreement, the Issuer and the Note Guarantors Company shall jointly and severally indemnify and hold harmless the recipient, to the greatest extent permitted by law, recipient against any loss or cost sustained by it in making any such purchasepurchase to the greatest extent permitted under applicable law. For the purposes of this Section 12.1410.10, it will be sufficient for the Holder of a Note to certify that it would have suffered a loss had an actual purchase of U.S. Legal Tender been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of U.S. Legal Tender on such date had not been practicable, on the first date on which it would have been practicable). (b) The indemnities of the Issuer and the Note Guarantors Company contained in this Section 12.1410.10, to the extent permitted by law: (i) constitute a separate and independent obligation from the other obligations of the Issuer Company under this Agreement and the Note Guarantors under this Indenture and the NotesContingent Convertible Units; (ii) shall give rise to a separate and independent cause of action against the Issuer and the Note GuarantorsCompany; (iii) shall apply irrespective of any waiver granted by any Holder of Holder, the Notes Note Purchase Contract Agent or the Trustee Collateral Agent from time to time; and (iv) shall continue in full force and effect notwithstanding any other judgment, order, claim or proof of claim for a liquidated amount in respect of any sum due under the Notes or this Indenture or any other judgment or order; and (v) may not be enforceable under Mexican law.

Currency Indemnity. (a) The U.S. Legal Tender dollar is the sole currency of account and payment for all sums payable by the Issuer and any Note Guarantor Company under or in connection with the Notes or this First Supplemental Indenture, including damages. Any amount received or recovered in a currency other than U.S. Legal Tender dollars in respect of the Notes (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the Issuer, a Note Guarantor or any Subsidiary of the Issuer Company or otherwise) by any the Holder (or in respect of the Notes Indenture by the Trustee or Conversion Agent) in respect of any sum expressed to be due to it from the Issuer or any Note Guarantor shall only Company will constitute a discharge of them under the Notes and this Indenture Company only to the extent of the U.S. Legal Tender dollar amount which the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable possible to make that purchase on that date, on the first date on which it is practicable possible to do so). If that U.S. Legal Tender dollar amount is less than the U.S. Legal Tender dollar amount expressed to be due to the recipient under the Notes or this Indentureany Note, the Issuer and Company will indemnify the Note Guarantors shall jointly and severally indemnify and hold harmless the recipient, to the greatest extent permitted by law, recipient against any loss or cost sustained by it in as a result. In any event the Company will indemnify the recipient against the cost of making any such purchase. For the purposes of this Section 12.14indemnity, it will be sufficient for the Holder of a Note (or Trustee, Securities Administrator or Conversion Agent) to certify that it would have suffered a loss had an actual purchase of U.S. Legal Tender dollars been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of U.S. Legal Tender dollars on such date had not been practicable, on the first date on which it would have been practicable). (b) The . These indemnities of the Issuer and the Note Guarantors contained in this Section 12.14, to the extent permitted by law: (i) constitute a separate and independent obligation from the other obligations of the Issuer and the Note Guarantors under this Indenture and the Notes; (ii) shall Company, will give rise to a separate and independent cause of action against the Issuer and the Note Guarantors; (iii) shall action, will apply irrespective of any waiver granted by any Holder of the Notes or the Trustee from time to time; holder and (iv) shall will continue in full force and effect notwithstanding despite any other judgment, order, claim or proof of claim for a liquidated amount in respect of any sum due under the Notes or this Indenture any Note or any other judgment or order.

Currency Indemnity. (a) U.S. Legal Tender The euro is the sole currency of account and payment for all sums payable by the Issuer and any Note Guarantor under or in connection with the Notes or this Indenture, including damages. Any amount received or recovered in currency other than U.S. Legal Tender euros in respect of the Notes (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the Issuer, a Note Guarantor or any Subsidiary of the Issuer or otherwise) by any Holder of the Notes in respect of any sum expressed to be due to it from the Issuer Company or any Note Guarantor shall only constitute a discharge of them under the Notes and this Indenture only to the extent of the U.S. Legal Tender euro amount which the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable to make that purchase on that date, on the first date on which it is practicable to do so). If that U.S. Legal Tender euro amount is less than the U.S. Legal Tender euro amount expressed to be due to the recipient under the Notes or this Indenture, the Issuer and the Note Guarantors shall jointly and severally indemnify and hold harmless the recipient, to the greatest extent permitted by law, recipient against any loss or cost sustained by it in making any such purchase. For the purposes of this Section 12.1412.13, it will be sufficient for the Holder of a Note to certify that it would have suffered a loss had an actual purchase of U.S. Legal Tender euro been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of U.S. Legal Tender euro on such date had not been practicable, on the first date on which it would have been practicable). (b) The indemnities of the Issuer and the Note Guarantors contained in this Section 12.1412.13, to the extent permitted by law: (i) constitute a separate and independent obligation from the other obligations of the Issuer and the Note Guarantors under this Indenture and the Notes; (ii) shall give rise to a separate and independent cause of action against the Issuer and the Note Guarantors; (iii) shall apply irrespective of any waiver granted by any Holder of the Notes or the Trustee from time to time; and (iv) shall continue in full force and effect notwithstanding any other judgment, order, claim or proof of claim for a liquidated amount in respect of any sum due under the Notes or this Indenture or any other judgment or order.

Currency Indemnity. (a) U.S. Legal Tender Dollars is the sole currency of account and payment for all sums payable by the Issuer Company and any Note Guarantor Subsidiary Guarantor, under or in connection with the Notes Notes, this Indenture or this Indenture, including damagesany Subsidiary Guarantee. Any amount received or recovered in currency other than U.S. Legal Tender in respect of the Notes Dollars (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the IssuerCompany, a Note Guarantor or any Subsidiary of the Issuer or otherwise) by any Holder of the Notes payee in respect of any sum expressed to be due to it from the Issuer or Company and any Note Subsidiary Guarantor shall only constitute a discharge of them it under the Notes and Notes, this Indenture only and such Subsidiary Guarantee to the extent of the U.S. Legal Tender Dollars amount which the recipient such payee is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable to make that purchase on that date, on the first date on which it such payee is practicable able to do so). If that U.S. Legal Tender Dollars amount is less than the U.S. Legal Tender Dollars amount expressed to be due to the recipient under the Notes or Notes, this Indenture, or the Issuer Subsidiary Guarantee, the Company and any Subsidiary Guarantor shall indemnify the Note Guarantors shall jointly and severally indemnify and hold harmless the recipient, to the greatest extent permitted by law, recipient against any loss or cost sustained by it in making any such purchase. In any event, the Company and the Subsidiary Guarantors shall indemnify each payee, to the greatest extent permitted under applicable law, against the cost of making any purchase of U.S. Dollars. For the purposes of this Section 12.1411.11, it will shall be sufficient for the Holder of a Note payee to certify in a satisfactory manner that it would have suffered a loss had an actual purchase of U.S. Legal Tender Dollars been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of U.S. Legal Tender Dollars on such date had not been practicable, on the first date on which it would have been practicable)) and that the change of the purchase date was needed. (b) The indemnities of the Issuer Company and the Note Guarantors any Subsidiary Guarantor contained in this Section 12.1411.11, to the extent permitted by law: (i) constitute a separate and independent obligation from the other obligations of the Issuer Company and the Note Subsidiary Guarantors under this Indenture and the Notes; (ii) shall give rise to a separate and independent cause of action against the Issuer and the Note GuarantorsCompany; (iii) shall apply irrespective of any waiver indulgence granted by any Holder of the Notes or the Trustee from time to time; and (iv) shall continue in full force and effect notwithstanding any other judgment, order, claim or proof of claim for a liquidated amount in respect of any sum due under this Indenture, the Notes or any Subsidiary Guarantee; and (v) shall survive the termination of this Indenture or any other judgment or orderIndenture.

Currency Indemnity. The U.S. dollar (aor any of its successor currencies) U.S. Legal Tender is the sole currency of account and payment for all sums payable by the Issuer and any Note Guarantor under or in connection with the Notes or this Indenture, including damages. Any amount received or recovered in a currency other than the U.S. Legal Tender dollar in respect of the Notes (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the Issuer, a Note Guarantor or any Guarantor, any Subsidiary of the Issuer or otherwise) by any the Holder of the Notes in respect of any sum expressed to be due to it from the Issuer or any Note Guarantor shall only will constitute a discharge of them under the Notes and this Indenture Issuer only to the extent of the U.S. Legal Tender dollar amount which the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable possible to make that purchase on that date, on the first date on which it is practicable possible to do so). If that U.S. Legal Tender dollar amount is less than the U.S. Legal Tender dollar amount expressed to be due to the recipient under the Notes or this Indentureany Note, the Issuer and will indemnify the Note Guarantors shall jointly and severally indemnify and hold harmless the recipient, to the greatest extent permitted by law, recipient against any loss or cost sustained by it in as a result. In any event the Issuer will indemnify the recipient against the cost of making any such purchase. For the purposes of this Section 12.14indemnity, it will be sufficient for the Holder of a Note to certify that it would have suffered a loss had an actual purchase of U.S. Legal Tender dollars been made -68- with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of U.S. Legal Tender dollars on such date had not been practicable, on the first date on which it would have been practicable). (b) The . These indemnities of the Issuer and the Note Guarantors contained in this Section 12.14, to the extent permitted by law: (i) constitute a separate and independent obligation from the other obligations of the Issuer and the Note Guarantors under this Indenture and the Notes; (ii) shall Issuer, will give rise to a separate and independent cause of action against the Issuer and the Note Guarantors; (iii) shall action, will apply irrespective of any waiver granted by any Holder of the Notes or the Trustee from time to time; holder and (iv) shall will continue in full force and effect notwithstanding despite any other judgment, order, claim or proof of claim for a liquidated amount in respect of any sum due under the Notes or this Indenture any Note or any other judgment or order.

Currency Indemnity. (a) U.S. Legal Tender The euro is the sole currency of account and payment for all sums payable by the Issuer and any Note Guarantor Company under or in connection with the Notes or this IndentureNotes, including damages. Any amount received or recovered in a currency other than U.S. Legal Tender in respect of the Notes euros (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the IssuerCompany, a Note Guarantor or any Subsidiary of the Issuer or otherwise) by any Holder of a Note or the Notes Trustee in respect of any sum expressed to be due to it from the Issuer or any Note Guarantor shall Company will only constitute a discharge of them under to the Notes and this Indenture only Company to the extent of the U.S. Legal Tender euro amount which the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable to make that purchase on that date, on the first date on which it is practicable to do so). If that U.S. Legal Tender euro amount is less than the U.S. Legal Tender euro amount expressed to be due to the recipient under any Note or the Notes or this IndentureTrustee, the Issuer and the Note Guarantors shall jointly and severally Company will indemnify and hold harmless the recipient, to the greatest extent permitted by law, them against any loss or cost sustained by it in them as a result. In any event, the Company will indemnify the recipient against the cost of making any such purchase. For the purposes of this Section 12.1411.12, it will be sufficient for the Holder of a Note or the Trustee to certify in a satisfactory manner (indicating the sources of information used) that it would have suffered a loss had an actual purchase of U.S. Legal Tender euros been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of U.S. Legal Tender euros on such date had not been practicable, on the first date on which it would have been practicable, it being required that the need for a change of date be certified in the manner mentioned above). (b) The . These indemnities of the Issuer and the Note Guarantors contained in this Section 12.14, to the extent permitted by law: (i) constitute a separate and independent obligation from the Company’s other obligations of the Issuer and the Note Guarantors under this Indenture and the Notes; (ii) shall obligations, will give rise to a separate and independent cause of action against the Issuer and the Note Guarantors; (iii) shall action, will apply irrespective of any waiver indulgence granted by any Holder of the Notes a Note or the Trustee from time to time; and (iv) shall will continue in full force and effect notwithstanding despite any other judgment, order, claim or proof of claim for a liquidated amount in respect of any sum due under any Note or to the Notes or this Indenture or any other judgment or orderTrustee.

Currency Indemnity. (a) U.S. Legal Tender is the sole currency of account and payment for all sums payable by the Issuer and any Note Guarantor under or in connection with the Notes or this Indenture, including damages. Any amount received or recovered in currency other than U.S. Legal Tender in respect of the Notes (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the Issuer, a Note Guarantor or any Subsidiary of the Issuer or otherwise) by any Holder of the Notes in respect of any sum expressed to be due to it from the Issuer or any Note Guarantor shall only constitute a discharge of them under the Notes and this Indenture only to the extent of the U.S. Legal Tender amount which the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable to make that purchase on that date, on the first date on which it is practicable to do so). If that U.S. Legal Tender amount is less than the U.S. Legal Tender amount expressed to be due to the recipient under the Notes or this Indenture, the Issuer and the Note Guarantors shall jointly and severally indemnify and hold harmless the recipient, to the greatest extent permitted by law, recipient against any loss or cost sustained by it in making any such purchase. For the purposes of this Section 12.14, it will be sufficient for the Holder of a Note to certify that it would have suffered a loss had an actual purchase of U.S. Legal Tender been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of U.S. Legal Tender on such date had not been practicable, on the first date on which it would have been practicable). (ba) The indemnities of the Issuer and the Note Guarantors contained in this Section 12.14, to the extent permitted by law: (i) constitute a separate and independent obligation from the other obligations of the Issuer and the Note Guarantors under this Indenture and the Notes; (ii) shall give rise to a separate and independent cause of action against the Issuer and the Note Guarantors; (iii) shall apply irrespective of any waiver granted by any Holder of the Notes or the Trustee from time to time; and (iv) shall continue in full force and effect notwithstanding any other judgment, order, claim or proof of claim for a liquidated amount in respect of any sum due under the Notes or this Indenture or any other judgment or order.