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 *** 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, and all such payments shall be made to the Agent’s Account. The obligations of the Borrowers to the Agent and the Lenders under this Agreement shall not be discharged by any amount paid in any other currency or in a place other than into the Agent’s Account to the extent that the amount so paid after conversion under this Agreement and transfer to *** does not yield the amount of Dollars in *** due under this Agreement. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder in Dollars into another currency (the “Other Currency”), 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 judgment is given. The obligations of the Borrowers in respect of any such sum due from any such Person to the Agent and the Lenders hereunder shall, notwithstanding any 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 than the sum originally due to the Agent and the Lenders in Dollars, each Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Agent and the Lenders against such loss, and if the Dollars so purchased exceed the sum originally due to the Agent and the Lenders in Dollars, the Agent agrees to remit to 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 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 AgreementAgreement 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 Agent’s Account. The fullest extent permitted by applicable law, the obligations of the Borrowers each Borrower to the Agent and the Lenders 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 into the 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 AgreementAgreement and under the other Loan Documents. If, for the purposes of obtaining judgment 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 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 judgment judgement is given. The obligations obligation of the Borrowers each Borrower in respect of any such sum due from any such Person it to the Agent and the Lenders Lender Group hereunder shall, notwithstanding any judgment judgement 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 than that the sum originally due to the Agent and the Lenders Lender Group in Dollars, each Borrower agrees, as a separate obligation and notwithstanding any such judgmentjudgement, to indemnify the Agent and the Lenders Lender Group against such loss, and if the Dollars so purchased exceed the sum originally due to the Agent and the Lenders Lender Group in Dollars, the Agent Lender Group agrees to remit to the Administrative Agent Borrowers 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 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 AgreementAgreement or under any other Loan Document, and all such payments shall be made to the Agent’s Account's Account in New York City in immediately available funds. The To the fullest extent permitted by applicable law, the obligations of the Borrowers each Loan Party to the Agent and the Lenders 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 into to the Agent’s 's Account in New York City to the extent that the amount so paid after conversion under this Agreement and transfer to *** New York City does not yield the amount of Dollars in *** New York City due under this AgreementAgreement and under the other Loan Documents. If, for the purposes of obtaining judgment in any court, 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 judgment is given. The obligations obligation of the Borrowers each Loan Party in respect of any such sum due from any such Person it to the Agent and the Lenders Lender Group hereunder shall, notwithstanding any 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 than the sum originally due to the Agent and the Lenders Lender Group in Dollars, each Borrower Loan Party agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Agent and the Lenders Lender Group against such loss, and if the Dollars so purchased exceed the sum originally due to the Agent and the Lenders Lender Group in Dollars, the Agent Lender Group agrees to remit to the Administrative Agent Loan Parties 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 City is of the essence. Unrestricted and transferable Dollars 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 AgreementGuaranty, and all such payments shall be made to at the Administrative Agent’s Accountoffice in New York City. The obligations of the Borrowers Guarantor to the Administrative Agent and the Lenders under this Agreement Guaranty shall not be discharged by any amount paid in any other currency or in a place other than into at the Administrative Agent’s Account office in New York City to the extent that the amount so paid after conversion under this Agreement Guaranty and transfer to *** New York City does not yield the amount of Dollars in *** New York City due under this AgreementGuaranty. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder in Dollars into another currency (the “Other Currency”), 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 judgment is given. The obligations obligation of the Borrowers Guarantor in respect of any such sum due from any such Person it to the Administrative Agent and the Lenders hereunder shall, notwithstanding any 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 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 than the sum originally due to the Administrative Agent and the Lenders in Dollars, each Borrower the Guarantor agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent and the Lenders against such loss, and if the Dollars so purchased exceed the sum originally due to the Administrative Agent and the Lenders in Dollars, the Administrative Agent agrees to remit to the Administrative Agent Guarantor 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 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 AgreementAgreement or under any other Loan Document, and all such payments shall be made to the Agent’s AccountAccount in New York, New York in immediately available funds. The To the fullest extent permitted by applicable Law, the obligations of the Borrowers each Borrower to the Agent and the Lenders 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 into the 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 AgreementAgreement and under the other Loan Documents. If, for the purposes of obtaining judgment in any court, 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 judgment is given. The obligations obligation of the Borrowers each Borrower in respect of any such sum due from any such Person it to the Agent and the Lenders Lender Group hereunder shall, notwithstanding any 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 than that the sum originally due to the Agent and the Lenders Lender Group in Dollars, each Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Agent and the Lenders Lender Group against such loss, and if the Dollars so purchased exceed the sum originally due to the Agent and the Lenders Lender Group in Dollars, the Agent Lender Group agrees to remit to the Administrative Agent Borrowers 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 *** ____________ 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, and all such payments shall be made to the Agent’s 's Account. The obligations of the Borrowers to the Agent and the Lenders under this Agreement shall not be discharged by any amount paid in any other currency or in a place other than into the Agent’s 's Account to the extent that the amount so paid after conversion under this Agreement and transfer to *** _____________ does not yield the amount of Dollars in *** _____________ due under this Agreement. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder in Dollars into another currency (the “"Other Currency”"), 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 judgment is given. The obligations of the Borrowers in respect of any such sum due from any such Person to the Agent and the Lenders hereunder shall, notwithstanding any 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 than the sum originally due to the Agent and the Lenders in Dollars, each Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Agent and the Lenders against such loss, and if the Dollars so purchased exceed the sum originally due to the Agent and the Lenders in Dollars, the Agent agrees to remit to 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 to the Agent's Account in *** New York City is of the essence. Unrestricted and transferable Dollars 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 AgreementPerformance Guaranty, and all such payments shall be made to the Agent’s Account's Account in New York City in immediately available funds. The obligations of the Borrowers Guarantor to the Agent and the Lenders under this Agreement Performance Guaranty shall not be discharged by any amount paid in any other currency or in a place other than by deposit into the Agent’s 's Account in New York City to the extent that the amount so paid after conversion under this Agreement Performance Guaranty and transfer to *** New York City does not yield the amount of Dollars in *** New York City due under this AgreementPerformance Guaranty. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder in Dollars into another currency (the “"Other Currency”"), 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 judgment is given. The obligations obligation of the Borrowers Guarantor in respect of any such sum due from any such Person it to the Agent and or the Lenders hereunder shall, notwithstanding any 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 than the sum originally due to the Agent and the Lenders in Dollars, each Borrower the Guarantor agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Agent and the Lenders against such loss, and if the Dollars so purchased exceed the sum originally due to the Agent and the Lenders in Dollars, the Agent agrees to remit to the Administrative Agent Guarantor 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 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 AgreementAgreement or under any other Loan Document, and all such payments shall be made transferred to the Agent’s Account's Account in immediately available funds. The obligations of the Borrowers to the 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 into the Agent’s Account to the extent that the amount so paid after conversion under this Agreement and transfer to *** New York City does not yield the amount of Dollars in *** New York City due under this AgreementAgreement and under the other Loan Documents. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder in Dollars into another currency (the “Other "OTHER Currency”"), 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 judgment is given. The obligations obligation of the Borrowers in respect of any such sum due from any such Person it to the Agent and or the Lenders hereunder shall, notwithstanding any 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 than the sum originally due to the Agent and the Lenders in Dollars, each Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Agent and the Lenders against such loss, and if the Dollars so purchased exceed the sum originally due to the Agent and the Lenders in Dollars, the Agent agrees and the Lenders agree to remit to the Administrative Agent Borrowers 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-98- 101 18. *** Material has been omitted pursuant to a request for confidential treatment and filed separately with the SECISSUANCE OF EQUITY INTERESTS TO FOOTHILL.