Common use of Currency Rate Indemnity Clause in Contracts

Currency Rate Indemnity. (a) The Company shall (to the extent lawful) indemnify the Trustee and the Holders of the Notes and keep them indemnified against: (i) in the case of nonpayment by the Company of any amount due to the Trustee, on behalf of the Holders of the Notes, under the Indenture any loss or damage incurred by any of them arising by reason of any variation between the rates of exchange used for the purposes of calculating the amount due under a judgment or order in respect thereof and those prevailing at the date of actual payment by the Company; and (ii) any deficiency arising or resulting from any variation in rates of exchange between (i) the date as of which the local currency equivalent of the amounts due or contingently due under the Indenture or in respect of the Notes is calculated for the purposes of any bankruptcy, insolvency or liquidation of the Company, and (ii) the final date for ascertaining the amount of claims in such bankruptcy, insolvency or liquidation. The amount of such deficiency shall be deemed not to be increased or reduced by any variation in rates of exchange occurring between the said final date and the date of any bankruptcy, insolvency or liquidation or any distribution of assets in connection therewith. (b) The Company agrees that, if a judgment or order given or made by any court for the payment of any amount in respect of its obligations hereunder is expressed in a currency (the “Judgment Currency”) other than U.S. dollars (the “Denomination Currency”), it will indemnify the relevant Holder and the Trustee against any deficiency arising or resulting from any variation in rates of exchange between the date at which the amount in the Denomination Currency is notionally converted into the amount in the Judgment Currency for the purposes of such judgment or order and the date of actual payment thereof. (c) The above indemnities shall constitute separate and independent obligations of the Company from its obligations under the Indenture, will give rise to separate and independent causes of action, will apply irrespective of any indulgence granted from time to time and will continue in full force and effect notwithstanding any judgment or the filing of any proof or proofs in any bankruptcy, insolvency or liquidation of the Company for a liquidated sum or sums in respect of amounts due under the Indenture or the Notes.”

Currency Rate Indemnity. (a) The Company shall (to the extent lawful) indemnify the Trustee and the Holders of the Notes and keep them indemnified against: (i) in the case of nonpayment by the Company of any amount due to the Trustee, on behalf of the Holders of the Notes, under the Indenture any loss or damage incurred by any of them arising by reason of any variation between the rates of exchange used for the purposes of calculating the amount due under a judgment or order in respect thereof and those prevailing at the date of actual payment by the Company; and (ii) any deficiency arising or resulting from any variation in rates of exchange between (i) the date as of which the local currency equivalent of the amounts due or contingently due under the Indenture or in respect of the Notes is calculated for the purposes of any bankruptcy, insolvency or liquidation of the Company, and (ii) the final date for ascertaining the amount of claims in such bankruptcy, insolvency or liquidation. The amount of such deficiency shall be deemed not to be increased or reduced by any variation in rates of exchange occurring between the said final date and the date of any bankruptcy, insolvency or liquidation or any distribution of assets in connection therewith. (b) The Company agrees that, if a judgment or order given or made by any court for the payment of any amount in respect of its obligations hereunder is expressed in a currency (the “Judgment Currency”) other than U.S. dollars (the “Denomination Currency”), it will indemnify the relevant Holder and the Trustee against any deficiency arising or resulting from any variation in rates of exchange between the date at which the amount in the Denomination Currency is notionally converted into the amount in the Judgment Currency for the purposes of such judgment or order and the date of actual payment thereof. (c) The above indemnities shall constitute separate and independent obligations of the Company from its obligations under the Indenture, will give rise to separate and independent causes of action, will apply irrespective of any indulgence granted from time to time and will continue in full force and effect notwithstanding any judgment or the filing of any proof or proofs in any bankruptcy, insolvency or liquidation of the Company for a liquidated sum or sums in respect of amounts due under the Indenture or the Notes.”

Currency Rate Indemnity. (a) The Company Guarantor shall (to the extent lawful) indemnify the Trustee and the Holders of the Notes Noteholders and keep them indemnified against: (i) in the case of nonpayment by the Company Guarantor of any amount due to the Trustee, on behalf of the Holders of the NotesNoteholders, under the Indenture this Guaranty any loss or damage incurred by any of them arising by reason of any variation between the rates of exchange used for the purposes of calculating the amount due under a judgment or order in respect thereof and those prevailing at the date of actual payment by the CompanyGuarantor; and (ii) any deficiency arising or resulting from any variation in rates of exchange between (ia) the date as of which the local currency equivalent of the amounts due or contingently due under the Indenture this Guaranty or in respect of the Notes is calculated for the purposes of any bankruptcy, insolvency or liquidation of the CompanyGuarantor, and (iib) the final date for ascertaining the amount of claims in such bankruptcy, insolvency or liquidation. The amount of such deficiency shall be deemed not to be increased or reduced by any variation in rates of exchange occurring between the said final date and the date of any bankruptcy, insolvency or liquidation or any distribution of assets in connection therewith. (b) The Company Guarantor agrees that, if a judgment or order given or made by any court for the payment of any amount in respect of its obligations hereunder is expressed in a currency (the “Judgment Currency”) other than U.S. dollars (the “Denomination Currency”), it will indemnify the relevant Holder and the Trustee against any deficiency arising or resulting from any variation in rates of exchange between the date at which the amount in the Denomination Currency is notionally converted into the amount in the Judgment Currency for the purposes of such judgment or order and the date of actual payment thereof. (c) The above indemnities shall constitute separate and independent obligations of the Company Guarantor from its obligations under the Indenturehereunder, will give rise to separate and independent causes of action, will apply irrespective of any indulgence granted from time to time and will continue in full force and effect notwithstanding any judgment or the filing of any proof or proofs in any bankruptcy, insolvency or liquidation of the Company Guarantor for a liquidated sum or sums in respect of amounts due under this Guaranty, or under the Indenture or the NotesNotes or under any judgment or order.”

Currency Rate Indemnity. (a) The Company shall (to the extent lawful) indemnify the Trustee and the Holders of the Notes and keep them indemnified against: (i) in the case of nonpayment by the Company of any amount due to the Trustee, on behalf of the Holders of the Notes, under the Indenture any loss or damage incurred by any of them arising by reason of any variation between the rates of exchange used for the purposes of calculating the amount due under a judgment or order in respect thereof and those prevailing at the date of actual payment by the Company; and (ii) any deficiency arising or resulting from any variation in rates of exchange between (i) the date as of which the local currency equivalent of the amounts due or contingently due under the Indenture or in respect of the Notes is calculated for the purposes of any bankruptcy, insolvency or liquidation of the Company, and (ii) the final date for ascertaining the amount of claims in such bankruptcy, insolvency or liquidation. The amount of such deficiency shall be deemed not to be increased or reduced by any variation in rates of exchange occurring between the said final date and the date of any bankruptcy, insolvency or liquidation or any distribution of assets in connection therewith. (b) The Company agrees that, if a judgment or order given or made by any court for the payment of any amount in respect of its obligations hereunder is expressed in a currency (the “Judgment Currency”) other than U.S. dollars (the “Denomination Currency”), it will indemnify the relevant Holder and the Trustee against any deficiency arising or resulting from any variation in rates of exchange between the date at which the amount in the Denomination Currency is notionally converted into the amount in the Judgment Currency for the purposes of such judgment or order and the date of actual payment thereof. (c) The above indemnities shall constitute separate and independent obligations of the Company from its obligations under the Indenture, will give rise to separate and independent causes of action, will apply irrespective of any indulgence granted from time to time and will continue in full force and effect notwithstanding any judgment or the filing of any proof or proofs in any bankruptcy, insolvency or liquidation of the Company for a liquidated sum or sums in respect of amounts due under the Indenture or the Notes.” Section 2.04. Application of the Article of the Indenture Regarding Defeasance and Covenant Defeasance. The provisions of Sections 14.01, 14.02 and 14.03 of the Original Indenture shall apply to the Notes.

Currency Rate Indemnity. (a) The Company Standby Purchaser shall (to the extent lawful) indemnify the Trustee and the Holders of the Notes Noteholders and keep them indemnified against: (i) in the case of nonpayment by the Company Standby Purchaser of any amount due to the Trustee, on behalf of the Holders of the NotesNoteholders, under the Indenture this Agreement any loss or damage incurred by any of them arising by reason of any variation between the rates of exchange used for the purposes of calculating the amount due under a judgment or order in respect thereof and those prevailing at the date of actual payment by the CompanyStandby Purchaser; and (ii) any deficiency arising or resulting from any variation in rates of exchange between (ia) the date as of which the local currency equivalent of the amounts due or contingently due under the Indenture this Agreement or in respect of the Notes is calculated for the purposes of any bankruptcy, insolvency or liquidation of the CompanyStandby Purchaser, and (iib) the final date for ascertaining the amount of claims in such bankruptcy, insolvency or liquidation. The amount of such deficiency shall be deemed not to be increased or reduced by any variation in rates of exchange occurring between the said final date and the date of any bankruptcy, insolvency or liquidation or any distribution of assets in connection therewith. (b) The Company Standby Purchaser agrees that, if a judgment or order given or made by any court for the payment of any amount in respect of its obligations Purchase Obligation hereunder is expressed in a currency (the “Judgment Currency”) other than U.S. dollars (the “Denomination Currency”), it will indemnify the relevant Holder and the Trustee holder against any deficiency arising or resulting from any variation in rates of exchange between the date at which the amount in the Denomination Currency is notionally converted into the amount in the Judgment Currency for the purposes of such judgment or order and the date of actual payment thereof. (c) The above indemnities shall constitute separate and independent obligations of the Company Standby Purchaser from its obligations under the Indenturehereunder, will give rise to separate and independent causes of action, will apply irrespective of any indulgence granted from time to time and will continue in full force and effect notwithstanding any judgment or the filing of any proof or proofs in any bankruptcy, insolvency or liquidation of the Company Standby Purchaser for a liquidated sum or sums in respect of amounts due under this Agreement, or under the Indenture or the NotesNotes or under any judgment or order.”

Currency Rate Indemnity. (a) The Company shall (to the extent lawful) indemnify the Trustee and the Holders of the Notes and keep them indemnified against: (i) in the case of nonpayment by the Company of any amount due to the Trustee, on behalf of the Holders of the Notes, under the Indenture any loss or damage incurred by any of them arising by reason of any variation between the rates of exchange used for the purposes of calculating the amount due under a judgment or order in respect thereof and those prevailing at the date of actual payment by the Company; and (ii) any deficiency arising or resulting from any variation in rates of exchange between (i) the date as of which the local currency equivalent of the amounts due or contingently due under the Indenture or in respect of the Notes is calculated for the purposes of any bankruptcy, insolvency or liquidation of the Company, and (ii) the final date for ascertaining the amount of claims in such bankruptcy, insolvency or liquidation. The amount of such deficiency shall be deemed not to be increased or reduced by any variation in rates of exchange occurring between the said final date and the date of any bankruptcy, insolvency or liquidation or any distribution of assets in connection therewith. (b) The Company agrees that, if a judgment or order given or made by any court for the payment of any amount in respect of its obligations hereunder is expressed in a currency (the “Judgment Currency”) other than U.S. dollars euros (the “Denomination Currency”), it will indemnify the relevant Holder and the Trustee against any deficiency arising or resulting from any variation in rates of exchange between the date at which the amount in the Denomination Currency is notionally converted into the amount in the Judgment Currency for the purposes of such judgment or order and the date of actual payment thereof. (c) The above indemnities shall constitute separate and independent obligations of the Company from its obligations under the Indenture, will give rise to separate and independent causes of action, will apply irrespective of any indulgence granted from time to time and will continue in full force and effect notwithstanding any judgment or the filing of any proof or proofs in any bankruptcy, insolvency or liquidation of the Company for a liquidated sum or sums in respect of amounts due under the Indenture or the Notes.”

Currency Rate Indemnity. (a) The Company shall (to the extent lawful) indemnify the Trustee and the Holders of the Notes and keep them indemnified against: (i) in the case of nonpayment by the Company of any amount due to the Trustee, on behalf of the Holders of the Notes, under the Indenture any loss or damage incurred by any of them arising by reason of any variation between the rates of exchange used for the purposes of calculating the amount due under a judgment or order in respect thereof and those prevailing at the date of actual payment by the Company; and (ii) any deficiency arising or resulting from any variation in rates of exchange between (i) the date as of which the local currency equivalent of the amounts due or contingently due under the Indenture or in respect of the Notes is calculated for the purposes of any bankruptcy, insolvency or liquidation of the Company, and (ii) the final date for ascertaining the amount of claims in such bankruptcy, insolvency or liquidation. The amount of such deficiency shall be deemed not to be increased or reduced by any variation in rates of exchange occurring between the said final date and the date of any bankruptcy, insolvency or liquidation or any distribution of assets in connection therewith. (b) The Company agrees that, if a judgment or order given or made by any court for the payment of any amount in respect of its obligations hereunder is expressed in a currency (the “Judgment Currency”) other than U.S. dollars (the “Denomination Currency”), it will indemnify the relevant Holder and the Trustee against any deficiency arising or resulting from any variation in rates of exchange between the date at which the amount in the Denomination Currency is notionally converted into the amount in the Judgment Currency for the purposes of such judgment or order and the date of actual payment thereof. (c) The above indemnities shall constitute separate and independent obligations of the Company from its obligations under the Indenture, will give rise to separate and independent causes of action, will apply irrespective of any indulgence granted from time to time and will continue in full force and effect notwithstanding any judgment or the filing of any proof or proofs in any bankruptcy, insolvency or liquidation of the Company for a liquidated sum or sums in respect of amounts due under the Indenture or the Notes.” Section 2.06. Application of the Article of the Indenture Regarding Defeasance and Covenant Defeasance. The provisions of Sections 14.01, 14.02 and 14.03 of the Original Indenture shall apply to the Notes.

Currency Rate Indemnity. (a) The Company Guarantor shall (to the extent lawful) indemnify the Trustee and the Holders of the Notes Noteholders and keep them indemnified against: (i) in the case of nonpayment by the Company Guarantor of any amount due to the Trustee, on behalf of the Holders of the NotesNoteholders, under the Indenture this Guaranty any loss or damage incurred by any of them arising by reason of any variation between the rates of exchange used for the purposes of calculating the amount due under a judgment or order in respect thereof and those prevailing at the date of actual payment by the CompanyGuarantor; and (ii) any deficiency arising or resulting from any variation in rates of exchange between (ia) the date as of which the local currency equivalent of the amounts due or contingently due under the Indenture this Guaranty or in respect of the Notes is calculated for the purposes of any bankruptcy, insolvency or liquidation of the CompanyGuarantor, and (iib) the final date for ascertaining the amount of claims in such bankruptcy, insolvency or liquidation. The amount of such deficiency shall be deemed not to be increased or reduced by any variation in rates of exchange occurring between the said final date and the date of any bankruptcy, insolvency or liquidation or any distribution of assets in connection therewith. (ba) The Company Guarantor agrees that, if a judgment or order given or made by any court for the payment of any amount in respect of its obligations hereunder is expressed in a currency (the “Judgment Currency”) other than U.S. dollars (the “Denomination Currency”), it will indemnify the relevant Holder and the Trustee against any deficiency arising or resulting from any variation in rates of exchange between the date at which the amount in the Denomination Currency is notionally converted into the amount in the Judgment Currency for the purposes of such judgment or order and the date of actual payment thereof. (cb) The above indemnities shall constitute separate and independent obligations of the Company Guarantor from its obligations under the Indenturehereunder, will give rise to separate and independent causes of action, will apply irrespective of any indulgence granted from time to time and will continue in full force and effect notwithstanding any judgment or the filing of any proof or proofs in any bankruptcy, insolvency or liquidation of the Company Guarantor for a liquidated sum or sums in respect of amounts due under this Guaranty, or under the Indenture or the NotesNotes or under any judgment or order.”

Currency Rate Indemnity. (a) The Company Guarantor shall (to the extent lawful) indemnify the Trustee and the Holders of the Notes Noteholders and keep them indemnified against: (i) in the case of nonpayment by the Company Guarantor of any amount due to the Trustee, on behalf of the Holders of the NotesNoteholders, under the Indenture this Amended and Restated Guaranty any loss or damage incurred by any of them arising by reason of any variation between the rates of exchange used for the purposes of calculating the amount due under a judgment or order in respect thereof and those prevailing at the date of actual payment by the CompanyGuarantor; and (ii) any deficiency arising or resulting from any variation in rates of exchange between (ia) the date as of which the local currency equivalent of the amounts due or contingently due under the Indenture this Amended and Restated Guaranty or in respect of the Notes is calculated for the purposes of any bankruptcy, insolvency or liquidation of the CompanyGuarantor, and (iib) the final date for ascertaining the amount of claims in such bankruptcy, insolvency or liquidation. The amount of such deficiency shall be deemed not to be increased or reduced by any variation in rates of exchange occurring between the said final date and the date of any bankruptcy, insolvency or liquidation or any distribution of assets in connection therewith. (b) The Company Guarantor agrees that, if a judgment or order given or made by any court for the payment of any amount in respect of its obligations hereunder is expressed in a currency (the “Judgment Currency”) other than U.S. dollars (the “Denomination Currency”), it will indemnify the relevant Holder and the Trustee against any deficiency arising or resulting from any variation in rates of exchange between the date at which the amount in the Denomination Currency is notionally converted into the amount in the Judgment Currency for the purposes of such judgment or order and the date of actual payment thereof. (c) The above indemnities shall constitute separate and independent obligations of the Company Guarantor from its obligations under the Indenturehereunder, will give rise to separate and independent causes of action, will apply irrespective of any indulgence granted from time to time and will continue in full force and effect notwithstanding any judgment or the filing of any proof or proofs in any bankruptcy, insolvency or liquidation of the Company Guarantor for a liquidated sum or sums in respect of amounts due under this Amended and Restated Guaranty, or under the Indenture or the NotesNotes or under any judgment or order.”

Currency Rate Indemnity. (a) The Company Standby Purchaser shall (to the extent lawful) indemnify the Trustee and the Holders of the Notes Noteholders and keep them indemnified against: (i) in the case of nonpayment by the Company Standby Purchaser of any amount due to the Trustee, on behalf of the Holders of the NotesNoteholders, under the Indenture this Agreement any loss or damage incurred by any of them arising by reason of any variation between the rates of exchange used for the purposes of calculating the amount due under a judgment or order in respect thereof and those prevailing at the date of actual payment by the CompanyStandby Purchaser; and (ii) any deficiency arising or resulting from any variation in rates of exchange between (ia) the date as of which the local currency equivalent of the amounts due or contingently due under the Indenture this Agreement or in respect of the Notes is calculated for the purposes of any bankruptcy, insolvency or liquidation of the CompanyStandby Purchaser, and (iib) the final date for ascertaining the amount of claims in such bankruptcy, insolvency or liquidation. The amount of such deficiency shall be deemed not to be increased or reduced by any variation in rates of exchange occurring between the said final date and the date of any bankruptcy, insolvency or liquidation or any distribution of assets in connection therewith. (b) The Company Standby Purchaser agrees that, if a judgment or order given or made by any court for the payment of any amount in respect of its obligations Purchase Obligation hereunder is expressed in a currency (the “Judgment Currency”) other than U.S. dollars (the “Denomination Currency”), it will indemnify the relevant Holder and the Trustee against any deficiency arising or resulting from any variation in rates of exchange between the date at which the amount in the Denomination Currency is notionally converted into the amount in the Judgment Currency for the purposes of such judgment or order and the date of actual payment thereof. (c) The above indemnities shall constitute separate and independent obligations of the Company Standby Purchaser from its obligations under the Indenturehereunder, will give rise to separate and independent causes of action, will apply irrespective of any indulgence granted from time to time and will continue in full force and effect notwithstanding any judgment or the filing of any proof or proofs in any bankruptcy, insolvency or liquidation of the Company Standby Purchaser for a liquidated sum or sums in respect of amounts due under this Agreement, or under the Indenture or the NotesNotes or under any judgment or order.”

Currency Rate Indemnity. (a) The Company Guarantor shall (to the extent lawful) indemnify the Trustee and the Holders of the Notes Noteholders and keep them indemnified against: (i) in the case of nonpayment by the Company Guarantor of any amount due to the Trustee, on behalf of the Holders of the NotesNoteholders, under the Indenture this Guaranty any loss or damage incurred by any of them arising by reason of any variation between the rates of exchange used for the purposes of calculating the amount due under a judgment or order in respect thereof and those prevailing at the date of actual payment by the CompanyGuarantor; and (ii) any deficiency arising or resulting from any variation in rates of exchange between (i) the date as of which the local currency equivalent of the amounts due or contingently due under the Indenture this Guaranty or in respect of the Notes is calculated for the purposes of any bankruptcy, insolvency or liquidation of the CompanyGuarantor, and (ii) the final date for ascertaining the amount of claims in such bankruptcy, insolvency or liquidation. The amount of such deficiency shall be deemed not to be increased or reduced by any variation in rates of exchange occurring between the said final date and the date of any bankruptcy, insolvency or liquidation or any distribution of assets in connection therewith. (b) The Company Guarantor agrees that, if a judgment or order given or made by any court for the payment of any amount in respect of its obligations hereunder is expressed in a currency (the “Judgment Currency”) other than U.S. dollars (the “Denomination Currency”), it will indemnify the relevant Holder and the Trustee Noteholder against any deficiency arising or resulting from any variation in rates of exchange between the date at which the amount in the Denomination Currency is notionally converted into the amount in the Judgment Currency for the purposes of such judgment or order and the date of actual payment thereof. (c) The above indemnities shall constitute separate and independent obligations of the Company Guarantor from its obligations under the Indenturehereunder, will give rise to separate and independent causes of action, will apply irrespective of any indulgence granted from time to time and will continue in full force and effect notwithstanding any judgment or the filing of any proof or proofs in any bankruptcy, insolvency or liquidation of the Company order for a liquidated sum or sums in respect of amounts due in respect of the relevant Note or under the Indenture any such judgment or the Notesorder.”

Currency Rate Indemnity. (a) The Company Standby Purchaser shall (to the extent lawful) indemnify the Trustee and the Holders of the Notes Noteholders and keep them indemnified against: (i) in the case of nonpayment by the Company Standby Purchaser of any amount due to the Trustee, on behalf of the Holders of the NotesNoteholders, under the Indenture this Agreement any loss or damage incurred by any of them arising by reason of any variation between the rates of exchange used for the purposes of calculating the amount due under a judgment or order in respect thereof and those prevailing at the date of actual payment by the CompanyStandby Purchaser; and (ii) any deficiency arising or resulting from any variation in rates of exchange between (ia) the date as of which the local currency equivalent of the amounts due or contingently due under the Indenture this Agreement or in respect of the Notes is calculated for the purposes of any bankruptcy, insolvency or liquidation of the CompanyStandby Purchaser, and (iib) the final date for ascertaining the amount of claims in such bankruptcy, insolvency or liquidation. The amount of such deficiency shall be deemed not to be increased or reduced by any variation in rates of exchange occurring between the said final date and the date of any bankruptcy, insolvency or liquidation or any distribution of assets in connection therewith. (b) The Company Standby Purchaser agrees that, if a judgment or order given or made by any court for the payment of any amount in respect of its obligations Purchase Obligation hereunder is expressed in a currency (the “"Judgment Currency”") other than U.S. dollars (the “"Denomination Currency”"), it will indemnify the relevant Holder and the Trustee holder against any deficiency arising or resulting from any variation in rates of exchange between the date at which the amount in the Denomination Currency is notionally converted into the amount in the Judgment Currency for the purposes of such judgment or order and the date of actual payment thereof. (c) The above indemnities shall constitute separate and independent obligations of the Company Standby Purchaser from its obligations under the Indenturehereunder, will give rise to separate and independent causes of action, will apply irrespective of any indulgence granted from time to time and will continue in full force and effect notwithstanding any judgment or the filing of any proof or proofs in any bankruptcy, insolvency or liquidation of the Company Standby Purchaser for a liquidated sum or sums in respect of amounts due under this Agreement, or under the Indenture or the NotesNotes or under any judgment or order.”

Currency Rate Indemnity. (a) The Company Issuer shall (to the extent lawful) indemnify the Trustee and the Holders of the Notes Noteholders and keep them indemnified against: (i) in the case of nonpayment by the Company Issuer of any amount due to the Trustee, on behalf of the Holders of the NotesNoteholders, under the this Indenture any loss or damage incurred by any of them arising by reason of any variation between the rates of exchange used for the purposes of calculating the amount due under a judgment or order in respect thereof and those prevailing at the date of actual payment by the CompanyIssuer; and (ii) any deficiency arising or resulting from any variation in rates of exchange between (i) the date as of which the local currency equivalent of the amounts due or contingently due under the this Indenture or in respect of the Notes is calculated for the purposes of any bankruptcy, insolvency or liquidation of the CompanyIssuer, and (ii) the final date for ascertaining the amount of claims in such bankruptcy, insolvency or liquidation. The amount of such deficiency shall be deemed not to be increased or reduced by any variation in rates of exchange occurring between the said final date and the date of any bankruptcy, insolvency or liquidation or any distribution of assets in connection therewith. (b) The Company Issuer agrees that, if a judgment or order given or made by any court for the payment of any amount in respect of its obligations hereunder is expressed in a currency (the “Judgment Currency”) other than U.S. dollars (the “Denomination Currency”), it will indemnify the relevant Holder and the Trustee Noteholder against any deficiency arising or resulting from any variation in rates of exchange between the date at which the amount in the Denomination Currency is notionally converted into the amount in the Judgment Currency for the purposes of such judgment or order and the date of actual payment thereof. (c) The above indemnities shall constitute separate and independent obligations of the Company Issuer from its obligations under the Indenturehereunder, will give rise to separate and independent causes of action, will apply irrespective of any indulgence granted from time to time and will continue in full force and effect notwithstanding any judgment or the filing of any proof or proofs in any bankruptcy, insolvency or liquidation of the Company Issuer for a liquidated sum or sums in respect of amounts due under the this Indenture or the Notes.”

Currency Rate Indemnity. (a) The Company shall (to the extent lawful) indemnify the Trustee and the Holders of the Notes and keep them indemnified against: (i) in the case of nonpayment by the Company of any amount due to the Trustee, on behalf of the Holders of the Notes, under the Indenture any loss or damage incurred by any of them arising by reason of any variation between the rates of exchange used for the purposes of calculating the amount due under a judgment or order in respect thereof and those prevailing at the date of actual payment by the Company; and (ii) any deficiency arising or resulting from any variation in rates of exchange between (i) the date as of which the local currency equivalent of the amounts due or contingently due under the Indenture or in respect of the Notes is calculated for the purposes of any bankruptcy, insolvency or liquidation of the Company, and (ii) the final date for ascertaining the amount of claims in such bankruptcy, insolvency or liquidation. The amount of such deficiency shall be deemed not to be increased or reduced by any variation in rates of exchange occurring between the said final date and the date of any bankruptcy, insolvency or liquidation or any distribution of assets in connection therewith. (b) The Company agrees that, if a judgment or order given or made by any court for the payment of any amount in respect of its obligations hereunder is expressed in a currency (the “Judgment Currency”) other than U.S. dollars pounds sterling (the “Denomination Currency”), it will indemnify the relevant Holder and the Trustee against any deficiency arising or resulting from any variation in rates of exchange between the date at which the amount in the Denomination Currency is notionally converted into the amount in the Judgment Currency for the purposes of such judgment or order and the date of actual payment thereof. (c) The above indemnities shall constitute separate and independent obligations of the Company from its obligations under the Indenture, will give rise to separate and independent causes of action, will apply irrespective of any indulgence granted from time to time and will continue in full force and effect notwithstanding any judgment or the filing of any proof or proofs in any bankruptcy, insolvency or liquidation of the Company for a liquidated sum or sums in respect of amounts due under the Indenture or the Notes.”

Currency Rate Indemnity. (a) The Company shall (to the extent lawful) indemnify the Trustee and the Holders of the Notes and keep them indemnified against: (i) in the case of nonpayment by the Company of any amount due to the Trustee, on behalf of the Holders of the Notes, under the Indenture any loss or damage incurred by any of them arising by reason of any variation between the rates of exchange used for the purposes of calculating the amount due under a judgment or order in respect thereof and those prevailing at the date of actual payment by the Company; and (ii) any deficiency arising or resulting from any variation in rates of exchange between (i) the date as of which the local currency equivalent of the amounts due or contingently due under the Indenture or in respect of the Notes is calculated for the purposes of any bankruptcy, insolvency or liquidation of the Company, and (ii) the final date for ascertaining the amount of claims in such bankruptcy, insolvency or liquidation. The amount of such deficiency shall be deemed not to be increased or reduced by any variation in rates of exchange occurring between the said final date and the date of any bankruptcy, insolvency or liquidation or any distribution of assets in connection therewith. (b) The Company agrees that, if a judgment or order given or made by any court for the payment of any amount in respect of its obligations hereunder is expressed in a currency (the “Judgment Currency”) other than U.S. dollars (the “Denomination Currency”), it will indemnify the relevant Holder and the Trustee against any deficiency arising or resulting from any variation in rates of exchange between the date at which the amount in the Denomination Currency is notionally converted into the amount in the Judgment Currency for the purposes of such judgment or order and the date of actual payment thereof. (c) The above indemnities shall constitute separate and independent obligations of the Company from its obligations under the Indenture, will give rise to separate and independent causes of action, will apply irrespective of any indulgence granted from time to time and will continue in full force and effect notwithstanding any judgment or the filing of any proof or proofs in any bankruptcy, insolvency or liquidation of the Company for a liquidated sum or sums in respect of amounts due under the Indenture or the Notes.” Section 2.04. Application of the Article of the Indenture Regarding Defeasance and Covenant Defeasance. The provisions of Sections 14.01, 14.02 and 14.03 of the Original Indenture shall apply to the Notes.

Currency Rate Indemnity. (a) The Company Guarantor shall (to the extent lawful) indemnify the Trustee and the Holders of the Notes Noteholders and keep them indemnified against: (i) in the case of nonpayment by the Company Guarantor of any amount due to the Trustee, on behalf of the Holders of the NotesNoteholders, under the Indenture this Guaranty any loss or damage incurred by any of them arising by reason of any variation between the rates of exchange used for the purposes of calculating the amount due under a judgment or order in respect thereof and those prevailing at the date of actual payment by the CompanyGuarantor; and (ii) any deficiency arising or resulting from any variation in rates of exchange between (ia) the date as of which the local currency equivalent of the amounts due or contingently due under the Indenture this Guaranty or in respect of the 2041 Notes is calculated for the purposes of any bankruptcy, insolvency or liquidation of the CompanyGuarantor, and (iib) the final date for ascertaining the amount of claims in such bankruptcy, insolvency or liquidation. The amount of such deficiency shall be deemed not to be increased or reduced by any variation in rates of exchange occurring between the said final date and the date of any bankruptcy, insolvency or liquidation or any distribution of assets in connection therewith. (b) The Company Guarantor agrees that, if a judgment or order given or made by any court for the payment of any amount in respect of its obligations hereunder is expressed in a currency (the “Judgment Currency”) other than U.S. dollars (the “Denomination Currency”), it will indemnify the relevant Holder and the Trustee against any deficiency arising or resulting from any variation in rates of exchange between the date at which the amount in the Denomination Currency is notionally converted into the amount in the Judgment Currency for the purposes of such judgment or order and the date of actual payment thereof. (c) The above indemnities shall constitute separate and independent obligations of the Company from its obligations under the Indenture, will give rise to separate and independent causes of action, will apply irrespective of any indulgence granted from time to time and will continue in full force and effect notwithstanding any judgment or the filing of any proof or proofs in any bankruptcy, insolvency or liquidation of the Company for a liquidated sum or sums in respect of amounts due under the Indenture or the Notes.”

Currency Rate Indemnity. (a) The Company Guarantor shall (to the extent lawful) indemnify the Trustee and the Holders of the Notes Noteholders and keep them indemnified against: (i) in the case of nonpayment by the Company Guarantor of any amount due to the Trustee, on behalf of the Holders of the NotesNoteholders, under the Indenture this Guaranty any loss or damage incurred by any of them arising by reason of any variation between the rates of exchange used for the purposes of calculating the amount due under a judgment or order in respect thereof and those prevailing at the date of actual payment by the CompanyGuarantor; and (ii) any deficiency arising or resulting from any variation in rates of exchange between (ia) the date as of which the local currency equivalent of the amounts due or contingently due under the Indenture this Guaranty or in respect of the 2016 Notes is calculated for the purposes of any bankruptcy, insolvency or liquidation of the CompanyGuarantor, and (iib) the final date for ascertaining the amount of claims in such bankruptcy, insolvency or liquidation. The amount of such deficiency shall be deemed not to be increased or reduced by any variation in rates of exchange occurring between the said final date and the date of any bankruptcy, insolvency or liquidation or any distribution of assets in connection therewith. (b) The Company Guarantor agrees that, if a judgment or order given or made by any court for the payment of any amount in respect of its obligations hereunder is expressed in a currency (the “Judgment Currency”) other than U.S. dollars (the “Denomination Currency”), it will indemnify the relevant Holder and the Trustee against any deficiency arising or resulting from any variation in rates of exchange between the date at which the amount in the Denomination Currency is notionally converted into the amount in the Judgment Currency for the purposes of such judgment or order and the date of actual payment thereof. (c) The above indemnities shall constitute separate and independent obligations of the Company from its obligations under the Indenture, will give rise to separate and independent causes of action, will apply irrespective of any indulgence granted from time to time and will continue in full force and effect notwithstanding any judgment or the filing of any proof or proofs in any bankruptcy, insolvency or liquidation of the Company for a liquidated sum or sums in respect of amounts due under the Indenture or the Notes.”

Currency Rate Indemnity. (a) The Company Guarantor shall (to the extent lawful) indemnify the Trustee and the Holders of the Notes Noteholders and keep them indemnified against: (i) in the case of nonpayment by the Company Guarantor of any amount due to the Trustee, on behalf of the Holders of the NotesNoteholders, under the Indenture this Guaranty any loss or damage incurred by any of them arising by reason of any variation between the rates of exchange used for the purposes of calculating the amount due under a judgment or order in respect thereof and those prevailing at the date of actual payment by the CompanyGuarantor; and (ii) any deficiency arising or resulting from any variation in rates of exchange between (ia) the date as of which the local currency equivalent of the amounts due or contingently due under the Indenture or this Guarantyor in respect of the Notes is calculated for the purposes of any bankruptcy, insolvency or liquidation of the CompanyGuarantor, and (iib) the final date for ascertaining the amount of claims in such bankruptcy, insolvency or liquidation. The amount of such deficiency shall be deemed not to be increased or reduced by any variation in rates of exchange occurring between the said final date and the date of any bankruptcy, insolvency or liquidation or any distribution of assets in connection therewith. (b) The Company Guarantor agrees that, if a judgment or order given or made by any court for the payment of any amount in respect of its obligations hereunder is expressed in a currency (the “Judgment Currency”) other than U.S. dollars (the “Denomination Currency”), it will indemnify the relevant Holder and the Trustee against any deficiency arising or resulting from any variation in rates of exchange between the date at which the amount in the Denomination Currency is notionally converted into the amount in the Judgment Currency for the purposes of such judgment or order and the date of actual payment thereof. (c) The above indemnities shall constitute separate and independent obligations of the Company Guarantor from its obligations under the Indenturehereunder, will give rise to separate and independent causes of action, will apply irrespective of any indulgence granted from time to time and will continue in full force and effect notwithstanding any judgment or the filing of any proof or proofs in any bankruptcy, insolvency or liquidation of the Company Guarantor for a liquidated sum or sums in respect of amounts due under this Guaranty, or under the Indenture or the NotesNotes or under any judgment or order.”

Currency Rate Indemnity. (a) The Company Issuer shall (to the extent lawful) indemnify the Indenture Trustee and the Holders of the Notes Noteholders and keep them indemnified against: (i) in the case of nonpayment by the Company Issuer of any amount due to the Indenture Trustee, on behalf of the Holders of the NotesNoteholders, under the this Indenture any loss or damage incurred by any of them arising by reason of any variation between the rates of exchange used for the purposes of calculating the amount due under a judgment or order in respect thereof and those prevailing at the date of actual payment by the CompanyIssuer; and (ii) any deficiency arising or resulting from any variation in rates of exchange between (ix) the date as of which the local currency reais equivalent of the amounts due or contingently due under the this Indenture or in respect of the Notes is calculated for the purposes of any bankruptcy, insolvency or liquidation of the CompanyIssuer, and (iiy) the final date for ascertaining the amount of claims in such bankruptcy, insolvency or liquidation. The amount of such deficiency shall be deemed not to be increased or reduced by any variation in rates of exchange occurring between the said final date and the date of any bankruptcy, insolvency or liquidation or any distribution of assets in connection therewith. (b) The Company Issuer agrees that, if a judgment or order given or made by any court for the payment of any amount in respect of its obligations hereunder is expressed in a currency (the “Judgment Currency”) other than U.S. dollars (the “Denomination Currency”), it will indemnify the relevant Holder and the Trustee Noteholder against any deficiency arising or resulting from any variation in rates of exchange between the date at which the amount in the Denomination Currency is notionally converted into the amount in the Judgment Currency for the purposes of such judgment or order and the date of actual payment thereof. (c) The above indemnities shall constitute separate and independent obligations of the Company Issuer from its obligations under the Indenturehereunder, will give rise to separate and independent causes of action, will apply irrespective of any indulgence granted from time to time and will continue in full force and effect notwithstanding any judgment or the filing of any proof or proofs in any bankruptcy, insolvency or liquidation of the Company Issuer for a liquidated sum or sums in respect of amounts due under the this Indenture or the Notes.”

Currency Rate Indemnity. (a) The Company Issuer shall (to the extent lawful) indemnify the Trustee and the Holders of the Notes Noteholders and keep them indemnified against: (i) in the case of nonpayment by the Company Issuer of any amount due to the Trustee, on behalf of the Holders of the NotesNoteholders, under the this Indenture any loss or damage incurred by any of them arising by reason of any variation between the rates of exchange used for the purposes of calculating the amount due under a judgment or order in respect thereof and those prevailing at the date of actual payment by the CompanyIssuer; and (ii) any deficiency arising or resulting from any variation in rates of exchange between (i) the date as of which the local currency equivalent of the amounts due or contingently due under the this Indenture or in respect of the Notes is calculated for the purposes of any bankruptcy, insolvency or liquidation of the CompanyIssuer, and (ii) the final date for ascertaining the amount of claims in such bankruptcy, insolvency or liquidation. The amount of such deficiency shall be deemed not to be increased or reduced by any variation in rates of exchange occurring between the said final date and the date of any bankruptcy, insolvency or liquidation or any distribution of assets in connection therewith. (b) The Company Issuer agrees that, if a judgment or order given or made by any court for the payment of any amount in respect of its obligations hereunder is expressed in a currency (the “"Judgment Currency”") other than U.S. dollars (the “"Denomination Currency”"), it will indemnify the relevant Holder and the Trustee Noteholder against any deficiency arising or resulting from any variation in rates of exchange between the date at which the amount in the Denomination Currency is notionally converted into the amount in the Judgment Currency for the purposes of such judgment or order and the date of actual payment thereof. (c) The above indemnities shall constitute separate and independent obligations of the Company Issuer from its obligations under the Indenturehereunder, will give rise to separate and independent causes of action, will apply irrespective of any indulgence granted from time to time and will continue in full force and effect notwithstanding any judgment or the filing of any proof or proofs in any bankruptcy, insolvency or liquidation of the Company Issuer for a liquidated sum or sums in respect of amounts due under the this Indenture or the Notes.”

Currency Rate Indemnity. (a) The Company Guarantor shall (to the extent lawful) indemnify the Trustee and the Holders of the Notes Noteholders and keep them indemnified against: (i) in the case of nonpayment by the Company Guarantor of any amount due to the Trustee, on behalf of the Holders of the NotesNoteholders, under the Indenture this Guaranty any loss or damage incurred by any of them arising by reason of any variation between the rates of exchange used for the purposes of calculating the amount due under a judgment or order in respect thereof and those prevailing at the date of actual payment by the CompanyGuarantor; and (ii) any deficiency arising or resulting from any variation in rates of exchange between (ia) the date as of which the local currency equivalent of the amounts due or contingently due under the Indenture this Guaranty or in respect of the 2040 Notes is calculated for the purposes of any bankruptcy, insolvency or liquidation of the CompanyGuarantor, and (iib) the final date for ascertaining the amount of claims in such bankruptcy, insolvency or liquidation. The amount of such deficiency shall be deemed not to be increased or reduced by any variation in rates of exchange occurring between the said final date and the date of any bankruptcy, insolvency or liquidation or any distribution of assets in connection therewith. (b) The Company Guarantor agrees that, if a judgment or order given or made by any court for the payment of any amount in respect of its obligations hereunder is expressed in a currency (the “Judgment Currency”) other than U.S. dollars (the “Denomination Currency”), it will indemnify the relevant Holder and the Trustee against any deficiency arising or resulting from any variation in rates of exchange between the date at which the amount in the Denomination Currency is notionally converted into the amount in the Judgment Currency for the purposes of such judgment or order and the date of actual payment thereof. (c) The above indemnities shall constitute separate and independent obligations of the Company Guarantor from its obligations under the Indenturehereunder, will give rise to separate and independent causes of action, will apply irrespective of any indulgence granted from time to time and will continue in full force and effect notwithstanding any judgment or the filing of any proof or proofs in any bankruptcy, insolvency or liquidation of the Company Guarantor for a liquidated sum or sums in respect of amounts due under this Guaranty, or under the Indenture or the Notes2040 Notes or under any judgment or order.”

Currency Rate Indemnity. (a) The Company Guarantor shall (to the extent lawful) indemnify the Trustee and the Holders of the Notes Noteholders and keep them indemnified against: (i) in the case of nonpayment by the Company Guarantor of any amount due to the Trustee, on behalf of the Holders of the NotesNoteholders, under the Indenture this Guaranty any loss or damage incurred by any of them arising by reason of any variation between the rates of exchange used for the purposes of calculating the amount due under a judgment or order in respect thereof and those prevailing at the date of actual payment by the CompanyGuarantor; and (ii) any deficiency arising or resulting from any variation in rates of exchange between (i) the date as of which the local currency equivalent of the amounts due or contingently due under the Indenture this Guaranty or in respect of the Notes is calculated for the purposes of any bankruptcy, insolvency or liquidation of the CompanyGuarantor, and (ii) the final date for ascertaining the amount of claims in such bankruptcy, insolvency or liquidation. The amount of such deficiency shall be deemed not to be increased or reduced by any variation in rates of exchange occurring between the said final date and the date of any bankruptcy, insolvency or liquidation or any distribution of assets in connection therewith. (b) The Company Guarantor agrees that, if a judgment or order given or made by any court for the payment of any amount in respect of its obligations hereunder is expressed in a currency (the “"Judgment Currency”") other than U.S. dollars (the “"Denomination Currency”"), it will indemnify the relevant Holder and the Trustee Noteholder against any deficiency arising or resulting from any variation in rates of exchange between the date at which the amount in the Denomination Currency is notionally converted into the amount in the Judgment Currency for the purposes of such judgment or order and the date of actual payment thereof. (c) The above indemnities shall constitute separate and independent obligations of the Company Guarantor from its obligations under the Indenturehereunder, will give rise to separate and independent causes of action, will apply irrespective of any indulgence granted from time to time and will continue in full force and effect notwithstanding any judgment or the filing of any proof or proofs in any bankruptcy, insolvency or liquidation of the Company order for a liquidated sum or sums in respect of amounts due in respect of the relevant Note or under the Indenture any such judgment or the Notesorder.”

Currency Rate Indemnity. (a) The Company Guarantor shall (to the extent lawful) indemnify the Trustee and the Holders of the Notes Noteholders and keep them indemnified against: (i) in the case of nonpayment by the Company Guarantor of any amount due to the Trustee, on behalf of the Holders of the NotesNoteholders, under the Indenture this Guaranty any loss or damage incurred by any of them arising by reason of any variation between the rates of exchange used for the purposes of calculating the amount due under a judgment or order in respect thereof and those prevailing at the date of actual payment by the CompanyGuarantor; and (ii) any deficiency arising or resulting from any variation in rates of exchange between (ia) the date as of which the local currency equivalent of the amounts due or contingently due under the Indenture this Guaranty or in respect of the 2019 Notes is calculated for the purposes of any bankruptcy, insolvency or liquidation of the CompanyGuarantor, and (iib) the final date for ascertaining the amount of claims in such bankruptcy, insolvency or liquidation. The amount of such deficiency shall be deemed not to be increased or reduced by any variation in rates of exchange occurring between the said final date and the date of any bankruptcy, insolvency or liquidation or any distribution of assets in connection therewith. (b) The Company Guarantor agrees that, if a judgment or order given or made by any court for the payment of any amount in respect of its obligations hereunder is expressed in a currency (the “Judgment Currency”) other than U.S. dollars euros (the “Denomination Currency”), it will indemnify the relevant Holder and the Trustee against any deficiency arising or resulting from any variation in rates of exchange between the date at which the amount in the Denomination Currency is notionally converted into the amount in the Judgment Currency for the purposes of such judgment or order and the date of actual payment thereof. (c) The above indemnities shall constitute separate and independent obligations of the Company Guarantor from its obligations under the Indenturehereunder, will give rise to separate and independent causes of action, will apply irrespective of any indulgence granted from time to time and will continue in full force and effect notwithstanding any judgment or the filing of any proof or proofs in any bankruptcy, insolvency or liquidation of the Company Guarantor for a liquidated sum or sums in respect of amounts due under this Guaranty, or under the Indenture or the Notes2019 Notes or under any judgment or order.”

Currency Rate Indemnity. (a) The Company shall (to the extent lawful) indemnify the Trustee and the Holders of the Notes and keep them indemnified against: (i) in the case of nonpayment by the Company of any amount due to the Trustee, on behalf of the Holders of the Notes, under the Indenture any loss or damage incurred by any of them arising by reason of any variation between the rates of exchange used for the purposes of calculating the amount due under a judgment or order in respect thereof and those prevailing at the date of actual payment by the Company; and (ii) any deficiency arising or resulting from any variation in rates of exchange between (i) the date as of which the local currency equivalent of the amounts due or contingently due under the Indenture or in respect of the Notes is calculated for the purposes of any bankruptcy, insolvency or liquidation of the Company, and (ii) the final date for ascertaining the amount of claims in such bankruptcy, insolvency or liquidation. The amount of such deficiency shall be deemed not to be increased or reduced by any variation in rates of exchange occurring between the said final date and the date of any bankruptcy, insolvency or ór liquidation or any distribution of assets in connection therewith. (b) The Company agrees that, if a judgment or order given or made by any court for the payment of any amount in respect of its obligations hereunder is expressed in a currency (the “Judgment Currency”) other than U.S. dollars (the “Denomination Currency”), it will indemnify the relevant Holder and the Trustee against any deficiency arising or resulting from any variation in rates of exchange between the date at which the amount in the Denomination Currency is notionally converted into the amount in the Judgment Currency for the purposes of such judgment or order and the date of actual payment thereof. (c) The above indemnities shall constitute separate and independent obligations of the Company from its obligations under the Indenture, will give rise to separate and independent causes of action, will apply irrespective of any indulgence granted from time to time and will continue in full force and effect notwithstanding any judgment or the filing of any proof or proofs in any bankruptcy, insolvency or liquidation of the Company for a liquidated sum or sums in respect of amounts due under the Indenture or the Notes.”

Currency Rate Indemnity. (a) The Company Guarantor shall (to the extent lawful) indemnify the Trustee and the Holders of the Notes Noteholders and keep them indemnified against: (i) in the case of nonpayment by the Company Guarantor of any amount due to the Trustee, on behalf of the Holders of the NotesNoteholders, under the Indenture this Guaranty any loss or damage incurred by any of them arising by reason of any variation between the rates of exchange used for the purposes of calculating the amount due under a judgment or order in respect thereof and those prevailing at the date of actual payment by the CompanyGuarantor; and (ii) any deficiency arising or resulting from any variation in rates of exchange between (ia) the date as of which the local currency equivalent of the amounts due or contingently due under the Indenture this Guaranty or in respect of the 2020 Notes is calculated for the purposes of any bankruptcy, insolvency or liquidation of the CompanyGuarantor, and (iib) the final date for ascertaining the amount of claims in such bankruptcy, insolvency or liquidation. The amount of such deficiency shall be deemed not to be increased or reduced by any variation in rates of exchange occurring between the said final date and the date of any bankruptcy, insolvency or liquidation or any distribution of assets in connection therewith. (b) The Company Guarantor agrees that, if a judgment or order given or made by any court for the payment of any amount in respect of its obligations hereunder is expressed in a currency (the “Judgment Currency”) other than U.S. dollars (the “Denomination Currency”), it will indemnify the relevant Holder and the Trustee against any deficiency arising or resulting from any variation in rates of exchange between the date at which the amount in the Denomination Currency is notionally converted into the amount in the Judgment Currency for the purposes of such judgment or order and the date of actual payment thereof. (c) The above indemnities shall constitute separate and independent obligations of the Company from its obligations under the Indenture, will give rise to separate and independent causes of action, will apply irrespective of any indulgence granted from time to time and will continue in full force and effect notwithstanding any judgment or the filing of any proof or proofs in any bankruptcy, insolvency or liquidation of the Company for a liquidated sum or sums in respect of amounts due under the Indenture or the Notes.”

Currency Rate Indemnity. (a) The Company Issuer shall (to the extent lawful) indemnify the Trustee and the Holders of the Notes Noteholders and keep them indemnified against: (i) in the case of nonpayment by the Company Issuer of any amount due to the Trustee, on behalf of the Holders of the NotesNoteholders, under the this Indenture any loss or damage incurred by any of them arising by reason of any variation between the rates of exchange used for the purposes of calculating the amount due under a judgment or order in respect thereof and those prevailing at the date of actual payment by the CompanyIssuer; and (ii) any deficiency arising or resulting from any variation in rates of exchange between (i) the date as of which the local currency equivalent of the amounts due or contingently due under the this Indenture or in respect of the Notes is calculated for the purposes of any bankruptcy, insolvency or liquidation of the CompanyIssuer, and (ii) the final date for ascertaining the amount of claims in such bankruptcy, insolvency or liquidation. The amount of such deficiency shall be deemed not to be increased or reduced by any variation in rates of exchange occurring between the said final date and the date of any bankruptcy, insolvency or liquidation or any distribution of assets in connection therewith. (b) The Company Issuer agrees that, if a judgment or order given or made by any court for the payment of any amount in respect of its obligations hereunder is expressed in a currency (the “Judgment Currency”"JUDGMENT CURRENCY") other than U.S. dollars (the “Denomination Currency”"DENOMINATION CURRENCY"), it will indemnify the relevant Holder and the Trustee Noteholder against any deficiency arising or resulting from any variation in rates of exchange between the date at which the amount in the Denomination Currency is notionally converted into the amount in the Judgment Currency for the purposes of such judgment or order and the date of actual payment thereof. (c) The above indemnities shall constitute separate and independent obligations of the Company Issuer from its obligations under the Indenturehereunder, will give rise to separate and independent causes of action, will apply irrespective of any indulgence granted from time to time and will continue in full force and effect notwithstanding any judgment or the filing of any proof or proofs in any bankruptcy, insolvency or liquidation of the Company Issuer for a liquidated sum or sums in respect of amounts due under the this Indenture or the Notes.”. 87

Currency Rate Indemnity. (a) The Company Guarantor shall (to the extent lawful) indemnify the Trustee and the Holders of the Notes Noteholders and keep them indemnified against: (i) in the case of nonpayment by the Company Guarantor of any amount due to the Trustee, on behalf of the Holders of the NotesNoteholders, under the Indenture this Guaranty any loss or damage incurred by any of them arising by reason of any variation between the rates of exchange used for the purposes of calculating the amount due under a judgment or order in respect thereof and those prevailing at the date of actual payment by the CompanyGuarantor; and (ii) any deficiency arising or resulting from any variation in rates of exchange between (ia) the date as of which the local currency equivalent of the amounts due or contingently due under the Indenture this Guaranty or in respect of the Notes is calculated for the purposes of any bankruptcy, insolvency or liquidation of the CompanyGuarantor, and (iib) the final date for ascertaining the amount of claims in such bankruptcy, insolvency or liquidation. The amount of such deficiency shall be deemed not to be increased or reduced by any variation in rates of exchange occurring between the said final date and the date of any bankruptcy, insolvency or liquidation or any distribution of assets in connection therewith. (b) The Company Guarantor agrees that, if a judgment or order given or made by any court for the payment of any amount in respect of its obligations hereunder is expressed in a currency (the “Judgment Currency”) other than U.S. dollars (the “Denomination Currency”), it will indemnify the relevant Holder and the Trustee against any deficiency arising or resulting from any variation in rates of exchange between the date at which the amount in the Denomination Currency is notionally converted into the amount in the Judgment Currency for the purposes of such judgment or order and the date of actual payment thereof. (c) The above indemnities shall constitute separate and independent obligations of the Company from its obligations under the Indenture, will give rise to separate and independent causes of action, will apply irrespective of any indulgence granted from time to time and will continue in full force and effect notwithstanding any judgment or the filing of any proof or proofs in any bankruptcy, insolvency or liquidation of the Company for a liquidated sum or sums in respect of amounts due under the Indenture or the Notes.”

Currency Rate Indemnity. (a) The Company Guarantor shall (to the extent lawful) indemnify the Trustee and the Holders of the Notes Noteholders and keep them indemnified against: (i) in the case of nonpayment by the Company Guarantor of any amount due to the Trustee, on behalf of the Holders of the NotesNoteholders, under the Indenture this Guaranty any loss or damage incurred by any of them arising by reason of any variation between the rates of exchange used for the purposes of calculating the amount due under a judgment or order in respect thereof and those prevailing at the date of actual payment by the CompanyGuarantor; and (ii) any deficiency arising or resulting from any variation in rates of exchange between (ia) the date as of which the local currency equivalent of the amounts due or contingently due under the Indenture this Guaranty or in respect of the 2023 Notes is calculated for the purposes of any bankruptcy, insolvency or liquidation of the CompanyGuarantor, and (iib) the final date for ascertaining the amount of claims in such bankruptcy, insolvency or liquidation. The amount of such deficiency shall be deemed not to be increased or reduced by any variation in rates of exchange occurring between the said final date and the date of any bankruptcy, insolvency or liquidation or any distribution of assets in connection therewith. (b) The Company Guarantor agrees that, if a judgment or order given or made by any court for the payment of any amount in respect of its obligations hereunder is expressed in a currency (the “Judgment Currency”) other than U.S. dollars euros (the “Denomination Currency”), it will indemnify the relevant Holder and the Trustee against any deficiency arising or resulting from any variation in rates of exchange between the date at which the amount in the Denomination Currency is notionally converted into the amount in the Judgment Currency for the purposes of such judgment or order and the date of actual payment thereof. (c) The above indemnities shall constitute separate and independent obligations of the Company Guarantor from its obligations under the Indenturehereunder, will give rise to separate and independent causes of action, will apply irrespective of any indulgence granted from time to time and will continue in full force and effect notwithstanding any judgment or the filing of any proof or proofs in any bankruptcy, insolvency or liquidation of the Company Guarantor for a liquidated sum or sums in respect of amounts due under this Guaranty, or under the Indenture or the Notes2023 Notes or under any judgment or order.”

Currency Rate Indemnity. (a) The Company Issuer and the Guarantor shall (to the extent lawful) ), jointly and severally, indemnify the Trustee and the Holders of the Notes Noteholders and keep them indemnified against: (i) in the case of nonpayment by the Company Issuer or the Guarantor of any amount due to the Trustee, on behalf of the Holders of the NotesNoteholders, under the this Indenture any loss or damage incurred by any of them arising by reason of any variation between the rates of exchange used for the purposes of calculating the amount due under a judgment or order in respect thereof and those prevailing at the date of actual payment by the CompanyIssuer or the Guarantor; and (ii) any deficiency arising or resulting from any variation in rates of exchange between (i) the date as of which the local currency equivalent of the amounts due or contingently due under the this Indenture or in respect of the Notes is calculated for the purposes of any bankruptcy, insolvency or liquidation of the CompanyIssuer, and (ii) the final date for ascertaining the amount of claims in such bankruptcy, insolvency or liquidation. The amount of such deficiency shall be deemed not to be increased or reduced by any variation in rates of exchange occurring between the said final date and the date of any bankruptcy, insolvency or liquidation or any distribution of assets in connection therewith. (b) The Company Each of the Issuer and the Guarantor agrees that, if a judgment or order given or made by any court for the payment of any amount in respect of its obligations hereunder is expressed in a currency (the “Judgment Currency”) other than U.S. dollars (the “Denomination Currency”), it will indemnify the relevant Holder and the Trustee Noteholder against any deficiency arising or resulting from any variation in rates of exchange between the date at which the amount in the Denomination Currency is notionally converted into the amount in the Judgment Currency for the purposes of such judgment or order and the date of actual payment thereof. (c) The above indemnities shall constitute separate and independent obligations of the Company Issuer and the Guarantor from its their obligations under the Indenturehereunder, will give rise to separate and independent causes of action, will apply irrespective of any indulgence granted from time to time and will continue in full force and effect notwithstanding any judgment or the filing of any proof or proofs in any bankruptcy, insolvency or liquidation of the Company Issuer or the Guarantor for a liquidated sum or sums in respect of amounts due under the this Indenture or the Notes.”

Currency Rate Indemnity. (a) The Company Guarantor shall (to the extent lawful) indemnify the Trustee and the Holders of the Notes Noteholders and keep them indemnified against: (i) in the case of nonpayment by the Company Guarantor of any amount due to the Trustee, on behalf of the Holders of the NotesNoteholders, under the Indenture this Amended and Restated Guaranty any loss or damage incurred by any of them arising by reason of any variation between the rates of exchange used for the purposes of calculating the amount due under a judgment or order in respect thereof and those prevailing at the date of actual payment by the CompanyGuarantor; and (ii) any deficiency arising or resulting from any variation in rates of exchange between (ia) the date as of which the local currency equivalent of the amounts due or contingently due under the Indenture this Amended and Restated Guaranty or in respect of the 2041 Notes is calculated for the purposes of any bankruptcy, insolvency or liquidation of the CompanyGuarantor, and (iib) the final date for ascertaining the amount of claims in such bankruptcy, insolvency or liquidation. The amount of such deficiency shall be deemed not to be increased or reduced by any variation in rates of exchange occurring between the said final date and the date of any bankruptcy, insolvency or liquidation or any distribution of assets in connection therewith. (b) The Company Guarantor agrees that, if a judgment or order given or made by any court for the payment of any amount in respect of its obligations hereunder is expressed in a currency (the “Judgment Currency”) other than U.S. dollars (the “Denomination Currency”), it will indemnify the relevant Holder and the Trustee against any deficiency arising or resulting from any variation in rates of exchange between the date at which the amount in the Denomination Currency is notionally converted into the amount in the Judgment Currency for the purposes of such judgment or order and the date of actual payment thereof. (c) The above indemnities shall constitute separate and independent obligations of the Company from its obligations under the Indenture, will give rise to separate and independent causes of action, will apply irrespective of any indulgence granted from time to time and will continue in full force and effect notwithstanding any judgment or the filing of any proof or proofs in any bankruptcy, insolvency or liquidation of the Company for a liquidated sum or sums in respect of amounts due under the Indenture or the Notes.”

Currency Rate Indemnity. (a) The Company shall (to the extent lawful) indemnify the Trustee and the Holders of the Notes Securities and keep them indemnified against: (i) in the case of nonpayment by the Company of any amount due to the Trustee, on behalf of the Holders of the NotesSecurities, under the this Indenture any loss or damage incurred by any of them arising by reason of any variation between the rates of exchange used for the purposes of calculating the amount due under a judgment or order in respect thereof and those prevailing at the date of actual payment by the Company; and (ii) any deficiency arising or resulting from any variation in rates of exchange between (i) the date as of which the local currency equivalent of the amounts due or contingently due under the this Indenture or in respect of the Notes Securities is calculated for the purposes of any bankruptcy, insolvency or liquidation of the Company, and (ii) the final date for ascertaining the amount of claims in such bankruptcy, insolvency or liquidation. The amount of such deficiency shall be deemed not to be increased or reduced by any variation in rates of exchange occurring between the said final date and the date of any bankruptcy, insolvency or liquidation or any distribution of assets in connection therewith. (b) The Company agrees that, if a judgment or order given or made by any court for the payment of any amount in respect of its obligations hereunder is expressed in a currency (the “Judgment Currency”) other than U.S. dollars (the “Denomination Currency”), it will indemnify the relevant Holder and the Trustee against any deficiency arising or resulting from any variation in rates of exchange between the date at which the amount in the Denomination Currency is notionally converted into the amount in the Judgment Currency for the purposes of such judgment or order and the date of actual payment thereof. (c) The above indemnities shall constitute separate and independent obligations of the Company from its other obligations under the this Indenture, will shall give rise to separate and independent causes of action, will shall apply irrespective of any indulgence granted from time to time and will shall continue in full force and effect notwithstanding any judgment judgment, order or the filing of any proof or proofs in any bankruptcy, insolvency or liquidation of the Company for a liquidated sum or sums in respect of amounts due under the this Indenture or the NotesSecurities or under any judgment or order pursuant to this Section 10.13.”

Currency Rate Indemnity. (a) The Company Unibanco shall (to the extent lawful) indemnify the Trustee and the Holders of the Notes Noteholders and keep them indemnified against: (i) in the case of nonpayment by the Company Unibanco of any amount due to the Trustee, on behalf of the Holders of the NotesNoteholders, under the this Indenture any loss or damage incurred by any of them arising by reason of any variation between the rates of exchange used for the purposes of calculating the amount due under a judgment or order in respect thereof and those prevailing at the date of actual payment by the CompanyUnibanco; and (ii) any deficiency arising or resulting from any variation in rates of exchange between (i) the date as of which the local currency equivalent of the amounts due or contingently due under the this Indenture or in respect of the Notes is calculated for the purposes of any bankruptcy, insolvency or liquidation of the CompanyUnibanco, and (ii) the final date for ascertaining the amount of claims in such bankruptcy, insolvency or liquidation. The amount of such deficiency shall be deemed not to be increased or reduced by any variation in rates of exchange occurring between the said final date and the date of any bankruptcy, insolvency or liquidation or any distribution of assets in connection therewith. (b) The Company Unibanco agrees that, if a judgment or order given or made by any court for the payment of any amount in respect of its obligations hereunder is expressed in a currency (the “Judgment Currency”) other than U.S. dollars (the “Denomination Currency”), it will indemnify the relevant Holder and the Trustee Noteholder against any deficiency arising or resulting from any variation in rates of exchange between the date at which the amount in the Denomination Currency is notionally converted into the amount in the Judgment Currency for the purposes of such judgment or order and the date of actual payment thereof. (c) The above indemnities shall constitute separate and independent obligations of the Company Unibanco from its obligations under the Indenturehereunder, will give rise to separate and independent causes of action, will apply irrespective of any indulgence granted from time to time and will continue in full force and effect notwithstanding any judgment or the filing of any proof or proofs in any bankruptcy, insolvency or liquidation of the Company Unibanco for a liquidated sum or sums in respect of amounts due under the this Indenture or the Notes.”

Currency Rate Indemnity. (a) The Company Guarantor shall (to the extent lawful) indemnify the Trustee and the Holders of the Notes Noteholders and keep them indemnified against: (i) in the case of nonpayment by the Company Guarantor of any amount due to the Trustee, on behalf of the Holders of the NotesNoteholders, under the Indenture this Guaranty any loss or damage incurred by any of them arising by reason of any variation between the rates of exchange used for the purposes of calculating the amount due under a judgment or order in respect thereof and those prevailing at the date of actual payment by the CompanyGuarantor; and (ii) any deficiency arising or resulting from any variation in rates of exchange between (i) the date as of which the local currency equivalent of the amounts due or contingently due under the Indenture this Guaranty or in respect of the Notes is calculated for the purposes of any bankruptcy, insolvency or liquidation of the CompanyGuarantor, and (ii) the final date for ascertaining the amount of claims in such bankruptcy, insolvency or liquidation. The amount of such deficiency shall be deemed not to be increased or reduced by any variation in rates of exchange occurring between the said final date and the date of any bankruptcy, insolvency or liquidation or any distribution of assets in connection therewith. (b) The Company Guarantor agrees that, if a judgment or order given or made by any court for the payment of any amount in respect of its obligations hereunder is expressed in a currency (the “Judgment Currency”"JUDGMENT CURRENCY") other than U.S. dollars (the “Denomination Currency”"DENOMINATION CURRENCY"), it will indemnify the relevant Holder and the Trustee Noteholder against any deficiency arising or resulting from any variation in rates of exchange between the date at as of which the amount in the Denomination Currency is notionally converted into the amount in the Judgment Currency for the purposes of such judgment or order and the date of actual payment thereof. (c) The above indemnities shall constitute separate and independent obligations of the Company Guarantor from its obligations under the Indenturehereunder, will give rise to separate and independent causes of action, will apply irrespective of any indulgence granted from time to time and will continue in full force and effect notwithstanding any judgment or the filing of any proof or proofs in any bankruptcy, insolvency or liquidation of the Company order for a liquidated sum or sums in respect of amounts due in respect of the relevant Note or under the Indenture any such judgment or the Notesorder.”

Currency Rate Indemnity. (a) The Company Guarantor shall (to the extent lawful) indemnify the Trustee and the Holders of the Notes Noteholders and keep them indemnified against: (i) in the case of nonpayment by the Company Guarantor of any amount due to the Trustee, on behalf of the Holders of the NotesNoteholders, under the Indenture this Guaranty any loss or damage incurred by any of them arising by reason of any variation between the rates of exchange used for the purposes of calculating the amount due under a judgment or order in respect thereof and those prevailing at the date of actual payment by the CompanyGuarantor; and (ii) any deficiency arising or resulting from any variation in rates of exchange between (ia) the date as of which the local currency equivalent of the amounts due or contingently due under the Indenture this Guaranty or in respect of the Notes or the Exchange Securities is calculated for the purposes of any bankruptcy, insolvency or liquidation of the CompanyGuarantor, and (iib) the final date for ascertaining the amount of claims in such bankruptcy, insolvency or liquidation. The amount of such deficiency shall be deemed not to be increased or reduced by any variation in rates of exchange occurring between the said final date and the date of any bankruptcy, insolvency or liquidation or any distribution of assets in connection therewith. (b) The Company Guarantor agrees that, if a judgment or order given or made by any court for the payment of any amount in respect of its obligations hereunder is expressed in a currency (the “Judgment Currency”) other than U.S. dollars (the “Denomination Currency”), it will indemnify the relevant Holder and the Trustee against any deficiency arising or resulting from any variation in rates of exchange between the date at which the amount in the Denomination Currency is notionally converted into the amount in the Judgment Currency for the purposes of such judgment or order and the date of actual payment thereof. (c) The above indemnities shall constitute separate and independent obligations of the Company Guarantor from its obligations under the Indenturehereunder, will give rise to separate and independent causes of action, will apply irrespective of any indulgence granted from time to time and will continue in full force and effect notwithstanding any judgment or the filing of any proof or proofs in any bankruptcy, insolvency or liquidation of the Company Guarantor for a liquidated sum or sums in respect of amounts due under this Guaranty, or under the Indenture or Indenture, the Notes, the Exchange Securities or under any judgment or order.”

Currency Rate Indemnity. (a) The Company Guarantor shall (to the extent lawful) indemnify the Trustee and the Holders of the Notes Noteholders and keep them indemnified against: (i) in the case of nonpayment by the Company Guarantor of any amount due to the Trustee, on behalf of the Holders of the NotesNoteholders, under the Indenture this Guaranty any loss or damage incurred by any of them arising by reason of any variation between the rates of exchange used for the purposes of calculating the amount due under a judgment or order in respect thereof and those prevailing at the date of actual payment by the CompanyGuarantor; and (ii) any deficiency arising or resulting from any variation in rates of exchange between (ia) the date as of which the local currency equivalent of the amounts due or contingently due under the Indenture this Guaranty or in respect of the 2015 Notes is calculated for the purposes of any bankruptcy, insolvency or liquidation of the CompanyGuarantor, and (iib) the final date for ascertaining the amount of claims in such bankruptcy, insolvency or liquidation. The amount of such deficiency shall be deemed not to be increased or reduced by any variation in rates of exchange occurring between the said final date and the date of any bankruptcy, insolvency or liquidation or any distribution of assets in connection therewith. (b) The Company Guarantor agrees that, if a judgment or order given or made by any court for the payment of any amount in respect of its obligations hereunder is expressed in a currency (the “Judgment Currency”) other than U.S. dollars (the “Denomination Currency”), it will indemnify the relevant Holder and the Trustee against any deficiency arising or resulting from any variation in rates of exchange between the date at which the amount in the Denomination Currency is notionally converted into the amount in the Judgment Currency for the purposes of such judgment or order and the date of actual payment thereof. (c) The above indemnities shall constitute separate and independent obligations of the Company Guarantor from its obligations under the Indenturehereunder, will give rise to separate and independent causes of action, will apply irrespective of any indulgence granted from time to time and will continue in full force and effect notwithstanding any judgment or the filing of any proof or proofs in any bankruptcy, insolvency or liquidation of the Company Guarantor for a liquidated sum or sums in respect of amounts due under this Guaranty, or under the Indenture or the Notes2015 Notes or under any judgment or order.”

Currency Rate Indemnity. (a) The Company Standby Purchaser shall ----------------------- (to the extent lawful) indemnify the Trustee and the Holders of the Notes Noteholders and keep them indemnified against: (i) in the case of nonpayment by the Company Standby Purchaser of any amount due to the Trustee, on behalf of the Holders of the NotesNoteholders, under the Indenture this Agreement any loss or damage incurred by any of them arising by reason of any variation between the rates of exchange used for the purposes of calculating the amount due under a judgment or order in respect thereof and those prevailing at the date of actual payment by the CompanyStandby Purchaser; and (ii) any deficiency arising or resulting from any variation in rates of exchange between (ia) the date as of which the local currency equivalent of the amounts due or contingently due under the Indenture this Agreement or in respect of the Notes is calculated for the purposes of any bankruptcy, insolvency or liquidation of the CompanyStandby Purchaser, and (iib) the final date for ascertaining the amount of claims in such bankruptcy, insolvency or liquidation. The amount of such deficiency shall be deemed not to be increased or reduced by any variation in rates of exchange occurring between the said final date and the date of any bankruptcy, insolvency or liquidation or any distribution of assets in connection therewith. (b) The Company Standby Purchaser agrees that, if a judgment or order given or made by any court for the payment of any amount in respect of its obligations Purchase Obligation hereunder is expressed in a currency (the “"Judgment Currency”") other ----------------- than U.S. dollars (the “"Denomination Currency”"), it will indemnify the relevant Holder and the Trustee --------------------- holder against any deficiency arising or resulting from any variation in rates of exchange between the date at which the amount in the Denomination Currency is notionally converted into the amount in the Judgment Currency for the purposes of such judgment or order and the date of actual payment thereof. (c) The above indemnities shall constitute separate and independent obligations of the Company Standby Purchaser from its obligations under the Indenturehereunder, will give rise to separate and independent causes of action, will apply irrespective of any indulgence granted from time to time and will continue in full force and effect notwithstanding any judgment or the filing of any proof or proofs in any bankruptcy, insolvency or liquidation of the Company Standby Purchaser for a liquidated sum or sums in respect of amounts due under this Agreement, or under the Indenture or the NotesNotes or under any judgment or order.”

Currency Rate Indemnity. (a) The Company Issuer shall (to the extent lawful) indemnify the Trustee and the Holders of the Notes Noteholders and keep them indemnified against: (i) in the case of nonpayment by the Company Issuer of any amount due to the Trustee, Trustee on behalf of the Holders of the NotesNoteholders, under the this Indenture any loss or damage incurred by any of them arising by reason of any variation between the rates of exchange used for the purposes of calculating the amount due under a judgment or order in respect thereof and those prevailing at the date of actual payment by the Companyissuer; and (ii) any deficiency arising or resulting from any variation in rates of exchange between (ix) the date as of which the local currency reais equivalent of the amounts due or contingently due under the this Indenture or in respect of the Notes is calculated for the purposes of any bankruptcy, insolvency or liquidation of the CompanyIssuer, and (iiy) the final date for ascertaining the amount of claims in such bankruptcy, insolvency or liquidation. The amount of such deficiency shall be deemed not to be increased or reduced by any variation in rates of exchange occurring between the said final date and the date of any bankruptcy, insolvency or liquidation or any distribution of assets in connection therewith. (b) The Company Issuer agrees that, if a judgment or order given or made by any court for the payment of any amount in respect of its obligations hereunder is expressed in a currency (the “Judgment Currency”) other than U.S. dollars (the “Denomination Currency”), it will indemnify the relevant Holder and the Trustee Noteholder against any deficiency arising or resulting from any variation in rates of exchange between the date at which the amount in the Denomination Currency is notionally converted into the amount in the Judgment Currency for the purposes of such judgment or order and the date of actual payment thereof. (c) The above indemnities shall constitute separate and independent obligations of the Company Issuer from its obligations under the Indenturehereunder, will give rise to separate and independent causes of action, will apply irrespective of any indulgence granted from time to time and will continue in full force and effect notwithstanding any judgment or the filing of any proof or proofs in any bankruptcy, insolvency or liquidation of the Company Issuer for a liquidated sum or sums in respect of amounts due under the this Indenture or the Notes.”

Currency Rate Indemnity. (a) The Company Guarantor shall (to the extent lawful) indemnify the Trustee and the Holders of the Notes Noteholders and keep them indemnified against: (i) in the case of nonpayment by the Company Guarantor of any amount due to the Trustee, on behalf of the Holders of the NotesNoteholders, under the Indenture this Guaranty any loss or damage incurred by any of them arising by reason of any variation between the rates of exchange used for the purposes of calculating the amount due under a judgment or order in respect thereof and those prevailing at the date of actual payment by the CompanyGuarantor; and (ii) any deficiency arising or resulting from any variation in rates of exchange between (ia) the date as of which the local currency equivalent of the amounts due or contingently due under the Indenture this Guaranty or in respect of the 2017 Notes is calculated for the purposes of any bankruptcy, insolvency or liquidation of the CompanyGuarantor, and (iib) the final date for ascertaining the amount of claims in such bankruptcy, insolvency or liquidation. The amount of such deficiency shall be deemed not to be increased or reduced by any variation in rates of exchange occurring between the said final date and the date of any bankruptcy, insolvency or liquidation or any distribution of assets in connection therewith. (b) The Company Guarantor agrees that, if a judgment or order given or made by any court for the payment of any amount in respect of its obligations hereunder is expressed in a currency (the “Judgment Currency”) other than U.S. dollars (the “Denomination Currency”), it will indemnify the relevant Holder and the Trustee against any deficiency arising or resulting from any variation in rates of exchange between the date at which the amount in the Denomination Currency is notionally converted into the amount in the Judgment Currency for the purposes of such judgment or order and the date of actual payment thereof. (c) The above indemnities shall constitute separate and independent obligations of the Company Guarantor from its obligations under the Indenturehereunder, will give rise to separate and independent causes of action, will apply irrespective of any indulgence granted from time to time and will continue in full force and effect notwithstanding any judgment or the filing of any proof or proofs in any bankruptcy, insolvency or liquidation of the Company Guarantor for a liquidated sum or sums in respect of amounts due under this Guaranty, or under the Indenture or the Notes2017 Notes or under any judgment or order.”

Currency Rate Indemnity. (a) The Company Issuer shall (to the ----------------------- extent lawful) indemnify the Trustee and the Holders of the Notes Noteholders and keep them indemnified against: (i) in the case of nonpayment by the Company Issuer of any amount due to the Trustee, on behalf of the Holders of the NotesNoteholders, under the this Indenture any loss or damage incurred by any of them arising by reason of any variation between the rates of exchange used for the purposes of calculating the amount due under a judgment or order in respect thereof and those prevailing at the date of actual payment by the CompanyIssuer; and (ii) any deficiency arising or resulting from any variation in rates of exchange between (i) the date as of which the local currency equivalent of the amounts due or contingently due under the this Indenture or in respect of the Notes is calculated for the purposes of any bankruptcy, insolvency or liquidation of the CompanyIssuer, and (ii) the final date for ascertaining the amount of claims in such bankruptcy, insolvency or liquidation. The amount of such deficiency shall be deemed not to be increased or reduced by any variation in rates of exchange occurring between the said final date and the date of any bankruptcy, insolvency or liquidation or any distribution of assets in connection therewith. (b) The Company Issuer agrees that, if a judgment or order given or made by any court for the payment of any amount in respect of its obligations hereunder is expressed in a currency (the “"Judgment Currency”") other than U.S. dollars ----------------- (the “"Denomination Currency”"), it will indemnify the relevant Holder and the Trustee Noteholder against --------------------- any deficiency arising or resulting from any variation in rates of exchange between the date at which the amount in the Denomination Currency is notionally converted into the amount in the Judgment Currency for the purposes of such judgment or order and the date of actual payment thereof. (c) The above indemnities shall constitute separate and independent obligations of the Company Issuer from its obligations under the Indenturehereunder, will give rise to separate and independent causes of action, will apply irrespective of any indulgence granted from time to time and will continue in full force and effect notwithstanding any judgment or the filing of any proof or proofs in any bankruptcy, insolvency or liquidation of the Company Issuer for a liquidated sum or sums in respect of amounts due under the this Indenture or the Notes.”

Currency Rate Indemnity. (a) The Company Guarantor shall (to the extent lawful) indemnify the Trustee and the Holders of the Notes Noteholders and keep them indemnified against: (i) in the case of nonpayment by the Company Guarantor of any amount due to the Trustee, on behalf of the Holders of the NotesNoteholders, under the Indenture this Guaranty any loss or damage incurred by any of them arising by reason of any variation between the rates of exchange used for the purposes of calculating the amount due under a judgment or order in respect thereof and those prevailing at the date of actual payment by the CompanyGuarantor; and (ii) any deficiency arising or resulting from any variation in rates of exchange between (ia) the date as of which the local currency equivalent of the amounts due or contingently due under the Indenture or this Guarantyor in respect of the 2029 Notes is calculated for the purposes of any bankruptcy, insolvency or liquidation of the CompanyGuarantor, and (iib) the final date for ascertaining the amount of claims in such bankruptcy, insolvency or liquidation. The amount of such deficiency shall be deemed not to be increased or reduced by any variation in rates of exchange occurring between the said final date and the date of any bankruptcy, insolvency or liquidation or any distribution of assets in connection therewith. (b) The Company Guarantor agrees that, if a judgment or order given or made by any court for the payment of any amount in respect of its obligations hereunder is expressed in a currency (the “Judgment Currency”) other than U.S. dollars pounds sterling (the “Denomination Currency”), it will indemnify the relevant Holder and the Trustee against any deficiency arising or resulting from any variation in rates of exchange between the date at which the amount in the Denomination Currency is notionally converted into the amount in the Judgment Currency for the purposes of such judgment or order and the date of actual payment thereof. (c) The above indemnities shall constitute separate and independent obligations of the Company Guarantor from its obligations under the Indenturehereunder, will give rise to separate and independent causes of action, will apply irrespective of any indulgence granted from time to time and will continue in full force and effect notwithstanding any judgment or the filing of any proof or proofs in any bankruptcy, insolvency or liquidation of the Company Guarantor for a liquidated sum or sums in respect of amounts due under this Guaranty, or under the Indenture or the Notes2029 Notes or under any judgment or order.”

Currency Rate Indemnity. (a) The Company Guarantor shall (to the extent lawful) indemnify the Trustee and the Holders of the Notes Noteholders and keep them indemnified against: (i) in the case of nonpayment by the Company Guarantor of any amount due to the Trustee, on behalf of the Holders of the NotesNoteholders, under the Indenture this Guaranty any loss or damage incurred by any of them arising by reason of any variation between the rates of exchange used for the purposes of calculating the amount due under a judgment or order in respect thereof and those prevailing at the date of actual payment by the CompanyGuarantor; and (ii) any deficiency arising or resulting from any variation in rates of exchange between (ia) the date as of which the local currency equivalent of the amounts due or contingently due under the Indenture this Guaranty or in respect of the 2040 Notes is calculated for the purposes of any bankruptcy, insolvency or liquidation of the CompanyGuarantor, and (iib) the final date for ascertaining the amount of claims in such bankruptcy, insolvency or liquidation. The amount of such deficiency shall be deemed not to be increased or reduced by any variation in rates of exchange occurring between the said final date and the date of any bankruptcy, insolvency or liquidation or any distribution of assets in connection therewith. (b) The Company Guarantor agrees that, if a judgment or order given or made by any court for the payment of any amount in respect of its obligations hereunder is expressed in a currency (the “Judgment Currency”) other than U.S. dollars (the “Denomination Currency”), it will indemnify the relevant Holder and the Trustee against any deficiency arising or resulting from any variation in rates of exchange between the date at which the amount in the Denomination Currency is notionally converted into the amount in the Judgment Currency for the purposes of such judgment or order and the date of actual payment thereof. (c) The above indemnities shall constitute separate and independent obligations of the Company from its obligations under the Indenture, will give rise to separate and independent causes of action, will apply irrespective of any indulgence granted from time to time and will continue in full force and effect notwithstanding any judgment or the filing of any proof or proofs in any bankruptcy, insolvency or liquidation of the Company for a liquidated sum or sums in respect of amounts due under the Indenture or the Notes.”

Currency Rate Indemnity. (a) The Company Guarantor shall (to the extent lawful) indemnify the Trustee and the Holders of the Notes Noteholders and keep them indemnified against: (i) in the case of nonpayment by the Company Guarantor of any amount due to the Trustee, on behalf of the Holders of the NotesNoteholders, under the Indenture this Amended and Restated Guaranty any loss or damage incurred by any of them arising by reason of any variation between the rates of exchange used for the purposes of calculating the amount due under a judgment or order in respect thereof and those prevailing at the date of actual payment by the CompanyGuarantor; and (ii) any deficiency arising or resulting from any variation in rates of exchange between (ia) the date as of which the local currency equivalent of the amounts due or contingently due under the Indenture this Amended and Restated Guaranty or in respect of the 2021 Notes is calculated for the purposes of any bankruptcy, insolvency or liquidation of the CompanyGuarantor, and (iib) the final date for ascertaining the amount of claims in such bankruptcy, insolvency or liquidation. The amount of such deficiency shall be deemed not to be increased or reduced by any variation in rates of exchange occurring between the said final date and the date of any bankruptcy, insolvency or liquidation or any distribution of assets in connection therewith. (b) The Company Guarantor agrees that, if a judgment or order given or made by any court for the payment of any amount in respect of its obligations hereunder is expressed in a currency (the “Judgment Currency”) other than U.S. dollars (the “Denomination Currency”), it will indemnify the relevant Holder and the Trustee against any deficiency arising or resulting from any variation in rates of exchange between the date at which the amount in the Denomination Currency is notionally converted into the amount in the Judgment Currency for the purposes of such judgment or order and the date of actual payment thereof. (c) The above indemnities shall constitute separate and independent obligations of the Company Guarantor from its obligations under the Indenturehereunder, will give rise to separate and independent causes of action, will apply irrespective of any indulgence granted from time to time and will continue in full force and effect notwithstanding any judgment or the filing of any proof or proofs in any bankruptcy, insolvency or liquidation of the Company Guarantor for a liquidated sum or sums in respect of amounts due under this Amended and Restated Guaranty, or under the Indenture or the Notes2021 Notes or under any judgment or order.”