Common use of Currency Provisions Clause in Contracts

Currency Provisions. (a) If payment is not made in the currency due under this Agreement (the “Contractual Currency”) or if any court or tribunal shall render a judgment or order for the payment of amounts due hereunder or under any promissory notes issued pursuant hereto and such judgment is expressed in a currency other than the Contractual Currency, the relevant Borrower shall indemnify and hold the relevant Lenders harmless against any deficiency incurred by such Lenders with respect to the amount received by such Lenders to the extent the rate of exchange at which the Contractual Currency is convertible into the currency actually received or the currency in which the judgment is expressed (the “Received Currency”) is not the reciprocal of the rate of exchange at which the Administrative Agent would be able to purchase the Contractual Currency with the Received Currency, in each case on the Business Day following receipt of the Received Currency in accordance with normal banking procedures. If the court or tribunal has fixed the date on which the rate of exchange is determined for the conversion of the judgment currency into the Contractual Currency (the “Currency Conversion Date”) and if there is a change in the rate of exchange prevailing between the Currency Conversion Date and the date of receipt by the relevant Lenders, then the relevant Borrower will, notwithstanding such judgment or order, pay such additional amount (if any) as may be necessary to ensure that the amount paid in the Received Currency when converted at the rate of exchange prevailing on the date of receipt will produce the amount then due to the relevant Lenders from such Borrower hereunder in the Contractual Currency.

Currency Provisions. (a) All payments hereunder shall be made in Dollars or an Alternative Currency, as the case may be, based on the currency in which a Revolving Loan is made or in which a Letter of Credit is issued. Such requirement is of the essence hereof. If payment is not made in the currency due under this Agreement (the “Contractual Currency”) or if any court or tribunal shall render a judgment or order for the payment of amounts due hereunder hereunder, under the Revolving Note or under any promissory notes issued pursuant hereto Letter of Credit and such judgment is expressed in a currency other than the Contractual Currency, the relevant Borrower shall indemnify and hold the relevant Lenders Lender harmless against any deficiency incurred by such Lenders the Lender with respect to the amount received by such Lenders the Lender to the extent the rate of exchange at which the Contractual Currency is convertible into the currency actually received or the currency in which the judgment is expressed (the “Received Currency”) is not the reciprocal of the rate of exchange at which the Administrative Agent Lender would be able to purchase the Contractual Currency with the Received Currency, in each case on the Business Day following receipt of the Received Currency in accordance with normal banking procedures. If the court or tribunal has fixed the date on which the rate of exchange is determined for the conversion of the judgment currency into the Contractual Currency (the “Currency Conversion Date”) and if there is a change in the rate of exchange prevailing between the Currency betweenthe Conversion Date and the date of receipt by the relevant LendersLender, then the relevant Borrower will, notwithstanding such judgment or order, pay such additional amount (if any) as may be necessary to ensure that the amount paid in the Received Currency when converted at the rate of exchange prevailing on the date of receipt will produce the amount then due to the relevant Lenders Lender from such the Borrower hereunder in the Contractual Currency.

Currency Provisions. (a) If payment is not made in the currency due under this Agreement (the “Contractual Currency”) or if any court or tribunal shall render a judgment or order for the payment of amounts due hereunder or under any promissory notes issued pursuant hereto and such judgment is expressed in a currency other than the Contractual Currency, the relevant Borrower shall indemnify and hold the relevant Lenders harmless against any deficiency incurred by such Lenders with respect to the amount received by such Lenders to the extent the rate of exchange at which the Contractual Currency is convertible into the currency actually received or the currency in which the judgment is expressed (the “Received Currency”) is not the reciprocal of the rate of exchange at which the Administrative Agent would be able to purchase the Contractual Currency with the Received Currency, in each case on the Business Day following receipt of the Received Currency in accordance with normal banking procedures. If the court or tribunal has fixed the date on which the rate of exchange is determined for the conversion of the judgment currency into the Contractual Currency (the “Currency Conversion Date”) and if there is a change in the rate of exchange prevailing between the Currency Conversion Date and the date of receipt by the relevant Lenders, then the relevant Borrower will, notwithstanding such judgment or order, pay such additional amount (if any) as may be necessary to ensure that the amount paid in the Received Currency when converted at the rate of exchange prevailing on the date of receipt will produce the amount then due to the relevant Lenders from such Borrower hereunder in the Contractual Currency.. 108

Currency Provisions. (a) If payment is not All payments of Obligations under this Agreement, the Notes or any other Credit Document shall be made in the currency due under this Agreement (the “Contractual Currency”) or if U.S. Dollars. If any court or tribunal shall render a judgment or order for the payment of amounts due hereunder any Obligation, whether through payment by the Borrower or under BVI or the proceeds of any promissory notes issued pursuant hereto and such judgment is expressed collateral, shall be made in a currency other than the Contractual Currencycurrency required hereunder, the relevant Borrower such amount shall indemnify and hold the relevant Lenders harmless against any deficiency incurred by such Lenders with respect to the amount received by such Lenders to the extent the rate of exchange at which the Contractual Currency is convertible be converted into the currency actually received or the currency in which the judgment is expressed (the “Received Currency”) is not the reciprocal of required hereunder at the rate of exchange at which determined by the Administrative Agent would be able to as the rate quoted by it in accordance with methods customarily used by the Administrative Agent for such or similar purposes as the spot rate for the purchase by the Contractual Currency Administrative Agent of the required currency with the Received Currencycurrency of actual payment through its principal foreign exchange trading office at approximately 11:00 A.M. (local time at such office) two Business Days prior to the effective date of such conversion, provided that the Administrative Agent may obtain such spot rate from another financial institution actively engaged in each case foreign currency exchange if the Administrative Agent does not then have a spot rate for the required currency. The parties hereto hereby agree, to the fullest extent that they may effectively do so under applicable law, that (i) if for the purposes of obtaining any judgment or award it becomes necessary to convert from any currency other than the currency required hereunder into the currency required hereunder any amount in connection with the Obligations, then the conversion shall be made as provided above on the Business Day following receipt of before the Received Currency in accordance with normal banking procedures. If the court or tribunal has fixed the date day on which the rate of exchange judgment or award is determined for given, (ii) in the conversion of the judgment currency into the Contractual Currency (the “Currency Conversion Date”) and if event that there is a change in the applicable conversion rate of exchange prevailing between the Currency Conversion Date Business Day before the day on which the judgment or award is given and the date of receipt by payment, the relevant LendersBorrower will pay to the Administrative Agent, then for the relevant Borrower willbenefit of the Lenders and the Swingline Lender, notwithstanding such judgment or order, pay such additional amount amounts (if any) as may be necessary necessary, and the Administrative Agent, on behalf of the Lenders and the Swingline Lender, will pay to ensure the Borrower such excess amounts (if any) as result from such change in the rate of exchange, to assure that the amount paid on such date is the amount in the Received Currency such other currency, which when converted at the conversion rate of exchange prevailing described herein on the date of receipt will produce payment, is the amount then due to the relevant Lenders from such Borrower hereunder in the Contractual Currencycurrency required hereunder, and (iii) any amount due from the Borrower under this Section 10.18 shall be due as a separate debt and shall not be affected by judgment or award being obtained for any other sum due.