Foreign Currency Indemnity. If, at any time (i) a Finance Party, Receiver, or an attorney receives or recovers any amount payable by a Loan Party including: (a) under any judgment or order of any Government Agency, (b) for any breach of this Agreement or any other Debt Document, (c) on the liquidation or bankruptcy of any Loan Party or any proof or claim in that liquidation or bankruptcy, or (d) any other thing into which the obligations of any Loan Party may have become merged; and (ii) the currency in which the payment is made is not in US Dollars; each Loan Party, jointly and severally, indemnifies each Finance Party, Receiver, or attorney against any shortfall between the amount payable in US Dollars and the amount actually or notionally received or recovered by each Finance Party, Receiver, or attorney after the currency in which the payment is made is converted or translated into US Dollars under Section 10.3.
Foreign Currency Indemnity. If Foreign Currency is received by the Agent or a Bank as a result of a court or tribunal order or as a result of a distribution under an Insolvency Provision, then as a separate, additional and continuing liability (notwithstanding such order or distribution) the Borrower will pay to the Agent or Bank any deficiency in the amount of Dollars actually received by the Agent or Bank resulting from any variation between:
(a) the rate of exchange at which the amount of Foreign Currency was calculated for the purposes of the court or tribunal order or the distribution; and
(b) the rate of exchange at which the Agent or Bank is able to purchase Dollars with the amount of Foreign Currency actually received by the Agent or Bank.
Foreign Currency Indemnity. If Foreign Currency is received by the Financiers as a result of a court or tribunal order or as a result of a distribution under an Insolvency Provision, then as a separate, additional and continuing liability (notwithstanding the order or distribution), the Borrowers will pay to the Financiers any deficiency in the amount of Dollars actually received by the Financiers resulting from any variation between:
(a) the rate of exchange at which the amount of Foreign Currency was calculated for the purposes of the court or tribunal order or the distribution; and 386 (b) the rate of exchange at which the Financiers are able to purchase Dollars with the amount of Foreign Currency actually received by the Financiers.
Foreign Currency Indemnity. If, at any time:
(a) a Finance Party, a Receiver or an Attorney receives or recovers any amount payable by an Obligor including:
(1) under any judgment or order of any Government Agency;
(2) for any breach of any Finance Document;
(3) on the liquidation or bankruptcy of the Obligor or any proof or claim in that liquidation or bankruptcy; or
(4) any other thing into which the obligations of the Obligor may have become merged; and
(b) the Payment Currency is not the Relevant Currency, the Borrower indemnifies each Finance Party, Receiver or Attorney against any shortfall between the amount payable in the Relevant Currency and the amount actually or notionally received or recovered by each Finance Party, Receiver or Attorney after the Payment Currency is converted or translated into the Relevant Currency under clause 15.4.
Foreign Currency Indemnity. If at any time:
(a) the Lender receives or recovers any amount payable by the Borrower for any reason including, but not limited to:
(i) any judgment or order of any governmental agency;
(ii) any breach of this agreement;
(iii) the liquidation or bankruptcy of the Borrower or any proof or claim in that liquidation or bankruptcy; or
(iv) any other thing into which the obligations of the Borrower may have become merged; and
(b) the currency in which any payment is made is not United States Dollars, the Borrower indemnifies the Lender against any shortfall between the amount payable in United States Dollars and the amount actually received or recovered by the Lender.
Foreign Currency Indemnity. If at any time:
(a) the Agent or a Holder receives or recovers any amount payable by a Transaction Party for any reason including but not limited to:
(1) any judgment or order of any Governmental Agency;
(2) any breach of any Transaction Document;
(3) the liquidation or bankruptcy of a Transaction Party or any proof or claim in that liquidation or bankruptcy; or
(4) any other thing into which the obligations of a Transaction Party may have become merged; and
(b) the Payment Currency is not in the Relevant Currency, Each Transaction Party indemnifies the Agent and the Holder against any shortfall between the amount payable in the Relevant Currency and the amount actually received or recovered by the Agent or the Holder, after the Payment Currency is converted or translated into the Relevant Currency under clause 12.3.
Foreign Currency Indemnity. If, at any time:
(a) the Lender, a Receiver or an Attorney receives or recovers any amount payable by a Transaction Party including:
(1) under any judgment or order of any Government Agency;
(2) for any breach of any Transaction Document;
(3) on the liquidation or bankruptcy of the Transaction Party or any proof or claim in that liquidation or bankruptcy; or Debt finance facility agreement
(4) any other thing into which the obligations of the Transaction Party may have become merged; and
(b) the Payment Currency is not the Relevant Currency, the Borrower indemnifies the Lender, Receiver or Attorney against any shortfall between the amount payable in the Relevant Currency and the amount actually or notionally received or recovered by the Lender, Receiver or Attorney after the Payment Currency is converted or translated into the Relevant Currency under clause 14.4.
Foreign Currency Indemnity. In respect of any judgment or order given or made for any amount due hereunder that is expressed and paid in a currency (the "Judgment Currency") other than United States dollars, the Company will indemnify the Initial Purchasers against any loss incurred by the Initial Purchasers as a result of any variation as between (i) the rate of exchange at which the United States dollar amount is converted into the Judgment Currency for the purpose of such judgment or order and (ii) the rate of exchange at which the Initial Purchasers are able to purchase United States dollars with the amount of judgment currency actually received by the Initial Purchasers. The foregoing indemnity shall constitute a separate and independent obligation of the Company and shall continue in full force and effect notwithstanding any such judgment or order as aforesaid. The term "rate of exchange" shall include any premiums and costs of exchange payable in connection with the purchase of or conversion into United States dollars.
Foreign Currency Indemnity. If at any time:
(a) a Finance Party receives or recovers any amount payable by a Transaction Party for any reason including, but not limited to:
Foreign Currency Indemnity. If the State, an Attorney or a Receiver receives or recovers an amount on account of the Secured Debt, in a currency that is not the currency that the State requires under a Transaction Document, then the Trustee must indemnify the State against a shortfall between:
(a) the amount due in the required currency; and
(b) the amount that the State, an Attorney or a Receiver receives after converting the payment currency into the required currency.
