Common use of Currency Judgment Clause in Contracts

Currency Judgment. This is an international financial transaction in which the specification of a currency and payment in New York, New York is of the essence. Dollars shall be the currency of account in the case of all payments pursuant to or arising under this Agreement or under any other Loan Document, and all such payments shall be made to Agent's Account in New York, New York in immediately available funds. To the fullest extent permitted by applicable law, the obligations of each Borrower to the Lender Group under this Agreement and under the other Loan Documents shall not be discharged by any amount paid in any other currency or in a place other than to Agent's Account in New York, New York to the extent that the amount so paid after conversion under this Agreement and transfer to New York, New York does not yield the amount of Dollars in New York, New York due under this Agreement and under the other Loan Documents. If, for the purposes of obtaining judgement in any court, if it is necessary to convert a sum due hereunder in Dollars into another currency (the "Other Currency"), to the fullest extent permitted by applicable law, the rate of exchange shall be that at which the Other Currency on the business day preceding that on which final judgement is given. The obligation of each Borrower in respect of any such sum due from it to the Lender Group hereunder shall, notwithstanding any judgement in such Other Currency, be discharged only to the extent that, on the business day immediately following the date on which Agent receives any sum adjudged to be so due in the Other Currency, Agent may, in accordance with normal banking procedures, purchase Dollars with the Other Currency. If the Dollars so purchased are less that the sum originally due to the Lender Group in Dollars, each Borrower agrees, as a separate obligation and notwithstanding any such judgement, to indemnify the Lender Group against such loss, and if the Dollars so purchased exceed the sum originally due to the Lender Group in Dollars, the Lender Group agrees to remit to Borrowers such excess.

Currency Judgment. This is an international financial transaction in which the specification of a currency and payment in New York, New York *** is of the essence. Unrestricted and transferable Dollars shall be the currency of account in the case of all payments pursuant to or arising under this Agreement or under any other Loan DocumentAgreement, and all such payments shall be made to the Agent's Account in New York, New York in immediately available funds’s Account. To the fullest extent permitted by applicable law, the The obligations of each Borrower the Borrowers to the Lender Group Agent and the Lenders under this Agreement and under the other Loan Documents shall not be discharged by any amount paid in any other currency or in a place other than to into the Agent's ’s Account in New York, New York to the extent that the amount so paid after conversion under this Agreement and transfer to New York, New York *** does not yield the amount of Dollars in New York, New York *** due under this Agreement and under the other Loan DocumentsAgreement. If, for the purposes of obtaining judgement judgment in any court, if it is necessary to convert a sum due hereunder in Dollars into another currency (the "“Other Currency"”), to the fullest extent permitted by applicable law, the rate of exchange used shall be that at which the Agent could, in accordance with normal banking procedures, purchase Dollars with the Other Currency on the business day preceding that on which final judgement judgment is given. The obligation obligations of each Borrower the Borrowers in respect of any such sum due from it any such Person to the Lender Group Agent and the Lenders hereunder shall, notwithstanding any judgement judgment in such Other Currency, be discharged only to the extent that, on the business day Business Day immediately following the date on which the Agent receives any sum adjudged to be so due in the Other Currency, the Agent may, in accordance with normal banking procedures, purchase Dollars with the Other Currency. If the Dollars so purchased are less that than the sum originally due to the Lender Group Agent and the Lenders in Dollars, each Borrower agrees, as a separate obligation and notwithstanding any such judgementjudgment, to indemnify the Lender Group Agent and the Lenders against such loss, and if the Dollars so purchased exceed the sum originally due to the Lender Group Agent and the Lenders in Dollars, the Lender Group Agent agrees to remit to Borrowers the Administrative Agent such excess. The indemnity contained herein shall constitute an obligation separate and independent from the other obligations contained in this Agreement and the other Loan Documents, shall give rise to a separate and independent cause of action, shall apply irrespective of any indulgence granted by the Agent and the Lenders from time to time and shall continue in full force and effect notwithstanding any judgment or order for a liquidated sum in respect of an amount due under this Agreement or any other Loan Document or under any judgment or order. *** Material has been omitted pursuant to a request for confidential treatment and filed separately with the SEC.

Currency Judgment. This is an international financial transaction in which the specification of a currency and payment in New York, New York City is of the essence. Dollars shall be the currency of account in the case of all payments pursuant to or arising under this Agreement or under any other Loan Document, and all such payments shall be made to the Agent's Account in New York, New York City in immediately available funds. To the fullest extent permitted by applicable law, the obligations of each Borrower Loan Party to the Lender Group under this Agreement and under the other Loan Documents shall not be discharged by any amount paid in any other currency or in a place other than to the Agent's Account in New York, New York City to the extent that the amount so paid after conversion under this Agreement and transfer to New York, New York City does not yield the amount of Dollars in New York, New York City due under this Agreement and under the other Loan Documents. If, for the purposes of obtaining judgement judgment in any court, if it is necessary to convert a sum due hereunder in Dollars into another currency (the "Other Currency"), to the fullest extent permitted by applicable law, the rate of exchange used shall be that at which Agent could, in accordance with normal banking procedures, purchase Dollars with the Other Currency on the business day preceding that on which final judgement judgment is given. The obligation of each Borrower Loan Party in respect of any such sum due from it to the Lender Group hereunder shall, notwithstanding any judgement judgment in such Other Currency, be discharged only to the extent that, on the business day immediately following the date on which Agent receives any sum adjudged to be so due in the Other Currency, Agent may, in accordance with normal banking procedures, purchase Dollars with the Other Currency. If the Dollars so purchased are less that than the sum originally due to the Lender Group in Dollars, each Borrower Loan Party agrees, as a separate obligation and notwithstanding any such judgementjudgment, to indemnify the Lender Group against such loss, and if the Dollars so purchased exceed the sum originally due to the Lender Group in Dollars, the Lender Group agrees to remit to Borrowers the Loan Parties such excess.

Currency Judgment. This is an international financial transaction in which the specification of a currency and payment in New York, New York City is of the essence. Unrestricted and transferable Dollars shall be the currency of account in the case of all payments pursuant to or arising under this Agreement or under any other Loan Document, and all such payments shall be made transferred to the Agent's Account in New York, New York in immediately available funds. To the fullest extent permitted by applicable law, the The obligations of each Borrower Borrowers to the Lender Group Agent and the Lenders under this Agreement and under the other Loan Documents shall not be discharged by any amount paid in any other currency or in a place other than to Agent's Account in New York, New York to the extent that the amount so paid after conversion under this Agreement and transfer to New York, New York City does not yield the amount of Dollars in New York, New York City due under this Agreement and under the other Loan Documents. If, for the purposes of obtaining judgement judgment in any court, if it is necessary to convert a sum due hereunder in Dollars into another currency (the "Other OTHER Currency"), to the fullest extent permitted by applicable law, the rate of exchange used shall be that at which Agent could, in accordance with normal banking procedures, purchase Dollars with the Other Currency on the business day preceding that on which final judgement judgment is given. The obligation of each Borrower Borrowers in respect of any such sum due from it to the Lender Group Agent or the Lenders hereunder shall, notwithstanding any judgement judgment in such Other Currency, be discharged only to the extent that, on the business day immediately following the date on which the Agent receives any sum adjudged to be so due in the Other Currency, the Agent may, in accordance with normal banking procedures, purchase Dollars with the Other Currency. If the Dollars so purchased are less that than the sum originally due to the Lender Group Agent and the Lenders in Dollars, each Borrower agrees, as a separate obligation and notwithstanding any such judgementjudgment, to indemnify the Lender Group Agent and the Lenders against such loss, and if the Dollars so purchased exceed the sum originally due to the Lender Group Agent and the Lenders in Dollars, the Lender Group agrees Agent and the Lenders agree to remit to the Borrowers such excess. -98- 101 18. ISSUANCE OF EQUITY INTERESTS TO FOOTHILL.

Currency Judgment. This is an international financial transaction in which the specification of a currency and payment to the Agent's Account in New York, New York City is of the essence. Dollars Unrestricted and transferable lawful money of the United States of America ("Dollars") shall be the currency of account in the case of all payments pursuant to or arising under this Agreement or under any other Loan DocumentPerformance Guaranty, and all such payments shall be made to the Agent's Account in New York, New York City in immediately available funds. To the fullest extent permitted by applicable law, the The obligations of each Borrower the Guarantor to the Lender Group Agent under this Agreement and under the other Loan Documents Performance Guaranty shall not be discharged by any amount paid in any other currency or in a place other than to by deposit into the Agent's Account in New York, New York City to the extent that the amount so paid after conversion under this Agreement Performance Guaranty and transfer to New York, New York City does not yield the amount of Dollars in New York, New York City due under this Agreement and under the other Loan DocumentsPerformance Guaranty. If, for the purposes of obtaining judgement judgment in any court, if it is necessary to convert a sum due hereunder in Dollars into another currency (the "Other Currency"), to the fullest extent permitted by applicable law, the rate of exchange used shall be that at which the Agent could, in accordance with normal banking procedures, purchase Dollars with the Other Currency on the business day Business Day preceding that on which final judgement judgment is given. The obligation of each Borrower the Guarantor in respect of any such sum due from it to the Lender Group Agent or the Lenders hereunder shall, notwithstanding any judgement judgment in such Other Currency, be discharged only to the extent that, on the business day Business Day immediately following the date on which the Agent receives any sum adjudged to be so due in the Other Currency, the Agent may, in accordance with normal banking procedures, purchase Dollars with the Other Currency. If the Dollars so purchased are less that than the sum originally due to the Lender Group Agent in Dollars, each Borrower the Guarantor agrees, as a separate obligation and notwithstanding any such judgementjudgment, to indemnify the Lender Group Agent and the Lenders against such loss, and if the Dollars so purchased exceed the sum originally due to the Lender Group Agent in Dollars, the Lender Group Agent agrees to remit to Borrowers the Guarantor such excess.

Currency Judgment. This is an international financial transaction in which the specification of a currency and payment in New York, New York City is of the essence. Dollars Unrestricted and transferable lawful money of the United States (“Dollars”) shall be the currency of account in the case of all payments pursuant to or arising under this Agreement or under any other Loan DocumentGuaranty, and all such payments shall be made to at the Administrative Agent's Account ’s office in New York, New York in immediately available fundsCity. To the fullest extent permitted by applicable law, the The obligations of each Borrower the Guarantor to the Lender Group Administrative Agent and the Lenders under this Agreement and under the other Loan Documents Guaranty shall not be discharged by any amount paid in any other currency or in a place other than to at the Administrative Agent's Account ’s office in New York, New York City to the extent that the amount so paid after conversion under this Agreement Guaranty and transfer to New York, New York City does not yield the amount of Dollars in New York, New York City due under this Agreement and under the other Loan DocumentsGuaranty. If, for the purposes of obtaining judgement judgment in any court, if it is necessary to convert a sum due hereunder in Dollars into another currency (the "“Other Currency"”), to the fullest extent permitted by applicable law, the rate of exchange used shall be that at which the Administrative Agent could, in accordance with normal banking procedures, purchase Dollars with the Other Currency on the business day preceding that on which final judgement judgment is given. The obligation of each Borrower the Guarantor in respect of any such sum due from it to the Lender Group Administrative Agent and the Lenders hereunder shall, notwithstanding any judgement judgment in such Other Currency, be discharged only to the extent that, on the business day immediately following the date on which the Administrative Agent receives any sum adjudged to be so due in the Other Currency, the Administrative Agent may, in accordance with normal banking procedures, purchase Dollars with the Other Currency. If the Dollars so purchased are less that than the sum originally due to the Lender Group Administrative Agent in Dollars, each Borrower the Guarantor agrees, as a separate obligation and notwithstanding any such judgementjudgment, to indemnify the Lender Group Administrative Agent against such loss, and if the Dollars so purchased exceed the sum originally due to the Lender Group Administrative Agent in Dollars, the Lender Group Administrative Agent agrees to remit to Borrowers the Guarantor such excess.

Currency Judgment. This is an international financial transaction in which the specification of a currency and payment in New York, New York is of the essence. Dollars shall be the currency of account in the case of all payments pursuant to or arising under this Agreement or under any other Loan Document, and all such payments shall be made to Agent's ’s Account in New York, New York in immediately available funds. To the fullest extent permitted by applicable lawLaw, the obligations of each Borrower to the Lender Group under this Agreement and under the other Loan Documents shall not be discharged by any amount paid in any other currency or in a place other than to Agent's ’s Account in New York, New York to the extent that the amount so paid after conversion under this Agreement and transfer to New York, New York does not yield the amount of Dollars in New York, New York due under this Agreement and under the other Loan Documents. If, for the purposes of obtaining judgement judgment in any court, if it is necessary to convert a sum due hereunder in Dollars into another currency (the "“Other Currency"”), to the fullest extent permitted by applicable lawLaw, the rate of exchange used shall be that at which the Other Currency on the business day Business Day preceding that on which final judgement judgment is given. The obligation of each Borrower in respect of any such sum due from it to the Lender Group hereunder shall, notwithstanding any judgement judgment in such Other Currency, be discharged only to the extent that, on the business day Business Day immediately following the date on which Agent receives any sum adjudged to be so due in the Other Currency, Agent may, in accordance with normal banking procedures, purchase Dollars with the Other Currency. If the Dollars so purchased are less that the sum originally due to the Lender Group in Dollars, each Borrower agrees, as a separate obligation and notwithstanding any such judgementjudgment, to indemnify the Lender Group against such loss, and if the Dollars so purchased exceed the sum originally due to the Lender Group in Dollars, the Lender Group agrees to remit to Borrowers such excess.

Currency Judgment. This is an international financial transaction in which the specification of a currency and payment in New York, New York ____________ is of the essence. Unrestricted and transferable Dollars shall be the currency of account in the case of all payments pursuant to or arising under this Agreement or under any other Loan DocumentAgreement, and all such payments shall be made to the Agent's Account in New York, New York in immediately available fundsAccount. To the fullest extent permitted by applicable law, the The obligations of each Borrower the Borrowers to the Lender Group Agent and the Lenders under this Agreement and under the other Loan Documents shall not be discharged by any amount paid in any other currency or in a place other than to into the Agent's Account in New York, New York to the extent that the amount so paid after conversion under this Agreement and transfer to New York, New York _____________ does not yield the amount of Dollars in New York, New York _____________ due under this Agreement and under the other Loan DocumentsAgreement. If, for the purposes of obtaining judgement judgment in any court, if it is necessary to convert a sum due hereunder in Dollars into another currency (the "Other Currency"), to the fullest extent permitted by applicable law, the rate of exchange used shall be that at which the Agent could, in accordance with normal banking procedures, purchase Dollars with the Other Currency on the business day preceding that on which final judgement judgment is given. The obligation obligations of each Borrower the Borrowers in respect of any such sum due from it any such Person to the Lender Group Agent and the Lenders hereunder shall, notwithstanding any judgement judgment in such Other Currency, be discharged only to the extent that, on the business day Business Day immediately following the date on which the Agent receives any sum adjudged to be so due in the Other Currency, the Agent may, in accordance with normal banking procedures, purchase Dollars with the Other Currency. If the Dollars so purchased are less that than the sum originally due to the Lender Group Agent and the Lenders in Dollars, each Borrower agrees, as a separate obligation and notwithstanding any such judgementjudgment, to indemnify the Lender Group Agent and the Lenders against such loss, and if the Dollars so purchased exceed the sum originally due to the Lender Group Agent and the Lenders in Dollars, the Lender Group Agent agrees to remit to Borrowers the Administrative Agent such excess. The indemnity contained herein shall constitute an obligation separate and independent from the other obligations contained in this Agreement and the other Loan Documents, shall give rise to a separate and independent cause of action, shall apply irrespective of any indulgence granted by the Agent and the Lenders from time to time and shall continue in full force and effect notwithstanding any judgment or order for a liquidated sum in respect of an amount due under this Agreement or any other Loan Document or under any judgment or order.