Common use of CURRENCY OF ACCOUNT; CURRENCY INDEMNITY Clause in Contracts

CURRENCY OF ACCOUNT; CURRENCY INDEMNITY. (a) No payment by any Borrower under any of the Finance Documents which is made in a currency other than the currency ("CONTRACTUAL CURRENCY") in which such payment is required to be made pursuant to the relevant Finance Documents shall discharge the obligation in respect of which it is made except to the extent of the net proceeds in the Contractual Currency received by the Facility Agent upon the sale of the currency so received, after taking into account any premium and costs of exchange in connection with such sale. (b) The Finance Parties shall not be obliged to accept any such payment in a currency other than the Contractual Currency nor shall the Finance Parties be liable to any Borrower for any loss or alleged loss arising from fluctuations in exchange rates between the date on which such payment is so received by the Facility Agent and the date on which the Facility Agent effects such sale, as to which the Facility Agent shall (as against each Borrower) have an absolute discretion. (c) If any sum due from any Borrower under any Finance Documents or any order or judgment given or made in relation hereto is required to be converted from the Contractual Currency or the currency in which the same is payable under such order or judgment (the "FIRST CURRENCY") into another currency (the "SECOND CURRENCY") for the purpose of (i) making or filing a claim or proof against any Borrower, (ii) obtaining an order or judgment in any court or other tribunal or (iii) enforcing any order or judgment given or made in relation to any of the Finance Documents, each Borrower shall indemnify and hold harmless each Finance Party from and against any loss suffered as a result of any difference between (A) the rate of exchange used for such purpose to convert the sum in question from the first 74 - 73 - currency into the second currency and (B) the rate or rates of exchange at which each such Finance Party may in the ordinary course of business purchase the first currency with the second currency upon receipt of a sum paid to it in satisfaction, in whole or in part, of any such order, judgment, claim or proof. (d) Any amount due from any Borrower under the indemnity contained in this clause 13.2 shall be due as a separate debt and shall not be affected by judgment being obtained for any other sums due under or in respect of any of the Finance Documents and the term "RATE OF EXCHANGE" includes any premium and costs of exchange payable in connection with the purchase of the first currency with the second currency.

CURRENCY OF ACCOUNT; CURRENCY INDEMNITY. (a) No payment by any the Borrower under this Agreement or any of the Finance Facility Documents which is made in a currency other than the currency ("CONTRACTUAL CURRENCY") in which such payment is required to be made pursuant to this Agreement or the relevant Finance Documents applicable Facility Document (“Contractual Currency”) shall discharge the obligation in respect of which it is made except to the extent of the net proceeds in the Contractual Currency received by the Facility Bank Agent upon the sale of the currency so received, after taking into account any premium and costs of exchange in connection with such sale. (b) The Finance Parties . For the avoidance of doubt the Bank Agent and the Banks shall not be obliged to accept any such payment in a currency other than the Contractual Currency nor shall the Finance Parties Bank Agent or the Banks be liable to any the Borrower for any loss or alleged loss arising from fluctuations in exchange rates between the date on which such payment is so received by the Facility Bank Agent and the date on which the Facility Bank Agent effects such sale, as to which the Facility Bank Agent shall (as against each the Borrower) have an absolute discretion. (c) . If any sum due from any the Borrower under this Agreement or any Finance of the Facility Documents or any order or judgment given or made in relation hereto is required to be converted from the Contractual Currency or the currency in which the same is payable under such order or judgment (the "FIRST CURRENCY"“first currency”) into another currency (the "SECOND CURRENCY"“second currency”) for the purpose of (ia) making or filing a claim or proof against any the Borrower, (iib) obtaining an order or judgment in any court or other tribunal or (iiic) enforcing any order or judgment given or made in relation to this Agreement or any of the Finance Facility Documents, each the Borrower shall indemnify and hold harmless each Finance Party of the Bank Beneficiaries from and against any loss suffered as a result of any difference between (Ai) the rate of exchange used for such purpose to convert the sum in question from the first 74 - 73 - currency into the second currency and (Bii) the rate or rates of exchange at which each such Finance Party that Bank Beneficiary may in the ordinary course of business purchase the first currency with the second currency upon receipt of a sum paid to it in satisfaction, in whole or in part, of any such order, judgment, claim or proof. (d) . Any amount due from any the Borrower under the indemnity contained in this clause 13.2 12.2 shall be due as a separate debt and shall not be affected by judgment being obtained for any other sums due under or in respect of this Agreement or any of the Finance Facility Documents and the term "RATE OF EXCHANGE" “rate of exchange” includes any premium and costs of exchange payable in connection with the purchase of the first currency with the second currency.

CURRENCY OF ACCOUNT; CURRENCY INDEMNITY. (a) 15.2.1 No payment by any the Borrower under this Agreement or any of the Finance Documents other Relevant Document which is made in a currency other than the currency ("CONTRACTUAL CURRENCY"the “Contractual Currency”) in which such payment is required to be made pursuant to the relevant Finance Documents this Agreement or such other Relevant Document shall discharge the obligation in respect of which it is made except to the extent of the net proceeds in the Contractual Currency received by the Facility Agent a Finance Party upon the sale of the currency so received, after taking into account any premium and costs of exchange in connection with such sale. (b) The . For the avoidance of doubt a Finance Parties Party shall not be obliged to accept any such payment in a currency other than the Contractual Currency nor shall the a Finance Parties Party be liable to any the Borrower for any loss or alleged loss arising from fluctuations in exchange rates between the date on which such payment is so received by the Facility Agent Finance Party and the date on which the Facility Agent a Finance Party effects such sale, as to which the Facility Agent a Finance Party shall (as against each the Borrower) have an absolute discretion. (c) 15.2.2 If any sum due from any the Borrower under this Agreement or any Finance Documents other Relevant Document or any order or judgment judgement given or made in relation hereto or thereto is required to be converted from the Contractual Currency or the currency in which the same is payable under such order or judgment judgement (the "FIRST CURRENCY"“first currency”) into another currency (the "SECOND CURRENCY"“second currency”) for the purpose of (ia) making or filing a claim or proof against any the Borrower, (iib) obtaining an order or judgment judgement in any court or other tribunal or (iiic) enforcing any order or judgment judgement given or made in relation to this Agreement or any of other Relevant Document, the Finance Documents, each Borrower shall indemnify and hold harmless each Finance Party from and against any loss suffered as a result of any difference between (Ai) the rate of exchange used for such purpose to convert the sum in question from the first 74 - 73 - currency into the second currency and (Bii) the rate or rates of exchange at which each such a Finance Party may in the ordinary course of business purchase the first currency with the second currency upon receipt of a sum paid to it in satisfaction, in whole or in part, of any such order, judgmentjudgement, claim or proof. (d) Any amount due from any Borrower under the indemnity contained in this clause 13.2 shall be due as a separate debt and shall not be affected by judgment being obtained for any other sums due under or in respect of any of the Finance Documents and the term "RATE OF EXCHANGE" includes any premium and costs of exchange payable in connection with the purchase of the first currency with the second currency.

CURRENCY OF ACCOUNT; CURRENCY INDEMNITY. (a) No payment by any Borrower Obligor under any of the Finance Documents which is made in a currency other than the currency ("CONTRACTUAL CURRENCY") in which such payment is required to be made pursuant to the relevant Finance Documents shall discharge the obligation in respect of which it is made except to the extent of the net proceeds in the Contractual Currency received by the Facility Agent upon the sale of the currency so received, after taking into account any premium and costs of exchange in connection with such sale. (b) The Finance Parties shall not be obliged to accept any such payment in a currency other than the Contractual Currency nor shall the Finance Parties be liable to any Borrower Obligor for any loss or alleged loss arising from fluctuations in exchange rates between the date on which such payment is so received by the Facility Agent and the date on which the Facility Agent effects such sale, as to which the Facility Agent shall (as against each BorrowerObligor) have an absolute discretion. (c) If any sum due from any Borrower Obligor under any Finance Documents or any order or judgment given or made in relation hereto is required to be converted from the Contractual Currency or the currency in which the same is payable under such order or judgment (the "FIRST CURRENCY") into another currency (the "SECOND CURRENCY") for the purpose of (i) making or filing a claim or proof against any BorrowerObligor, (ii) obtaining an order or judgment in any court or other tribunal or (iii) enforcing any order or judgment given or made in relation to any of the Finance Documents, each Borrower Obligor shall indemnify and hold harmless each Finance Party from and against any loss suffered as a result of any difference between (A) the rate of exchange used for such purpose to convert the sum in question from the first 74 - 73 - currency into the second currency and (B) the rate or rates of exchange at which each such Finance Party may in the ordinary course of business purchase the first currency with the second currency upon receipt of a sum paid to it in satisfaction, in whole or in part, of any such order, judgment, claim or proof. (d) Any amount due from any Borrower Obligor under the indemnity contained in this clause 13.2 shall be due as a separate debt and shall not be affected by judgment being obtained for any other sums due under or in respect of any of the Finance Documents and the term "RATE OF EXCHANGE" includes any premium and costs of exchange payable in connection with the purchase of the first currency with the second currency.