Common use of Foreign Currency Indemnity Clause in Contracts

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, at any time (i) a Finance Partythe Agent or any Lender, Receiverreceiver, or an attorney receives or recovers any amount payable by a Loan Party including: (aA) under any judgment or order of any Government Agencygovernment authority, (bB) for any breach of this Agreement or any other Debt Transaction Document, (cC) on the liquidation or bankruptcy of any Loan Party or any proof or claim in that liquidation or bankruptcy, or (dD) 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 the Agent and each Finance PartyLender, Receiverreceiver, or attorney against any shortfall between the amount payable in US Dollars and the amount actually or notionally received or recovered by the Agent and each Finance PartyLender, Receiverreceiver, or attorney after the currency in which the payment is made is converted or translated into US Dollars under Section 10.3clause (d) below.