Common use of Foreign Exchange Indemnity Clause in Contracts

Foreign Exchange Indemnity. If any sum due from any Borrower or any Subsidiary under this Agreement or any other Loan Document or any order or judgment given or made in relation hereto or thereto has to be converted from the currency (the "first currency") in which the same is payable hereunder or under such order or judgment into another currency (the "second currency") for the purpose of (i) making or filing a claim or proof against any Borrower or any Subsidiary with any Regulatory Agency or in any court or tribunal or (ii) enforcing any order or judgment given or made in relation hereto, any Borrower shall indemnify and hold harmless each of the Persons to whom such sum is due from and against any loss actually suffered as a result of any discrepancy between (a) the rate of exchange used to convert the amount in question from the first currency into the second currency and (b) the rate or rates of exchange at which such Person, acting in good faith in a commercially reasonable manner, purchased the first currency with the second currency after receipt of a sum paid to it in the second currency in satisfaction, in whole or in part, of any such order, judgment, claim or proof. The foregoing indemnity shall constitute a separate obligation of each Borrower distinct from its other obligations hereunder and shall survive the giving or making of any judgment or order in relation to all or any of such other obligations.

Foreign Exchange Indemnity. If any sum due from any the Borrower or any Subsidiary -------------------------- under this Agreement or any other Loan Document or any order or judgment given or made in relation hereto or thereto has to be converted from the currency (the "first currency") in which the same -------------- is payable hereunder or under such order or judgment into another currency (the "second currency") for the purpose of (i) making or filing a claim or proof --------------- against any the Borrower or any Subsidiary with any Regulatory Agency Governmental Authority or in any court or tribunal tribunal, or (ii) enforcing any order or judgment given or made in relation hereto, any the Borrower shall indemnify and hold harmless each of the Persons to whom such sum is due from and against any loss actually suffered as a result of any discrepancy between (a) the rate of exchange used to convert the amount in question from the first currency into the second currency currency, and (b) the rate or rates of exchange at which such Person, acting in good faith in a commercially reasonable manner, purchased the first currency with the second currency after receipt of a sum 170 paid to it in the second currency in satisfaction, in whole or in part, of any such order, judgment, claim or proof. The foregoing indemnity shall constitute a separate obligation of each the Borrower distinct from its other obligations hereunder and shall survive the giving or making of any judgment or order in relation to all or any of such other obligations. Notwithstanding the foregoing, payments of principal and interest on Loans denominated in Euros, Sterling or an Alternative Currency, as the case may be, shall be made in Euros, Sterling or such Alternative Currency, as the case may be.

Foreign Exchange Indemnity. If any sum due from any Borrower or any Subsidiary Guarantor under this Agreement or any other Loan Document or any order or judgment given or made in relation hereto to this Agreement or thereto any other Loan Document has to be converted from the currency (the "“first currency"”) in which the same is payable hereunder or under such order or judgment into another currency (the "“second currency"”) for the purpose of (i) making or filing a claim or proof against any the applicable Borrower or any Subsidiary Guarantor with any Regulatory Agency governmental authority or in any court or tribunal tribunal, or (ii) enforcing any order or judgment given or made in relation hereto, any Borrower the Borrowers shall indemnify and hold harmless each of the Persons Administrative Agent, each Lender and the L/C Issuer to whom such sum is due from and against any loss actually suffered as a result of any discrepancy between (a) the rate of exchange used to convert the amount in question from the first currency into the second currency currency, and (b) the rate or rates of exchange at which such Person, acting in good faith in a commercially reasonable manner, purchased the first currency with the second currency after receipt of a sum paid to it in the second currency in satisfaction, in whole or in part, of any such order, judgment, claim or proof. The foregoing indemnity shall constitute a separate obligation of each Borrower the Borrowers distinct from its their other obligations hereunder and shall survive the giving or making of any judgment or order in relation to all or any of such other obligations.

Foreign Exchange Indemnity. If any sum due from any the Borrower or any Subsidiary under this Agreement or any other Loan Document or any order or judgment given or made in relation hereto or thereto has to be converted from the currency (the "first currencyFIRST CURRENCY") in which the same is payable hereunder or under such order or judgment into another currency (the "second currencySECOND CURRENCY") for the purpose of (i) making or filing a claim or proof against any the Borrower or any Subsidiary with any Regulatory Agency Governmental Authority or in any court or tribunal tribunal, or (ii) enforcing any order or judgment given or made in relation hereto, any the Borrower shall indemnify and hold harmless each of the Persons to whom such sum is due from and against any loss actually suffered as a result of any discrepancy between (a) the rate of exchange used to convert the amount in question from the first currency into the second currency currency, and (b) the rate or rates of exchange at which such Person, acting in good faith in a commercially reasonable manner, purchased the first currency with the second currency after receipt of a sum paid to it in the second currency in satisfaction, in whole or in part, of any such order, judgment, claim or proof. The foregoing indemnity shall constitute a separate obligation of each the Borrower distinct from its other obligations hereunder and shall survive the giving or making of any judgment or order in relation to all or any of such other obligations. Notwithstanding the foregoing, payments of principal and interest on Loans denominated in Euro shall be made in Euro.

Foreign Exchange Indemnity. If any sum due from any Borrower Credit Party or any Subsidiary of its Subsidiaries under this Agreement or any other Loan Document or any order or judgment given or made in relation hereto or thereto has to be converted from the currency (the "first currency"“First Currency”) in which the same is payable hereunder or under such order or judgment into another currency (the "second currency"“Second Currency”) for the purpose of (i) making or filing a claim or proof against any Borrower or any Subsidiary Credit Party with any Regulatory Agency Governmental Authority or in any court or tribunal tribunal, or (ii) enforcing any order or judgment given or made in relation hereto, any Borrower such Credit Party shall indemnify and hold harmless each of the Persons to whom such sum is due from and against any loss actually suffered as a result of any discrepancy between (a) the rate of exchange used to convert the amount in question from the first currency First Currency into the second currency Second Currency, and (b) the rate or rates of exchange at which such Person, acting in good faith in a commercially reasonable manner, purchased the first currency First Currency with the second currency Second Currency after receipt of a sum paid to it in the second currency Second Currency in satisfaction, in whole or in part, of any such order, judgment, claim or proof. The foregoing indemnity shall constitute a separate obligation of each Borrower Credit Party distinct from its other obligations hereunder and shall survive the giving or making of any judgment or order in relation to all or any of such other obligations.

Foreign Exchange Indemnity. If any sum due from any the -------------------------- Borrower or any Subsidiary under this Agreement or any other Loan Document or any order or judgment given or made in relation hereto or thereto has to be converted from the currency (the "first currency") in which the same is payable hereunder or under such order or judgment into another currency (the "second currency") for the purpose of (i) making or filing a claim or proof against any the Borrower or any Subsidiary with any Regulatory Agency or in any court or tribunal or (ii) enforcing any order or judgment given or made in relation hereto, any the Borrower shall indemnify and hold harmless each of the Persons to whom such sum is due from and against any loss actually suffered as a result of any discrepancy between (a) the rate of exchange used to convert the amount in question from the first currency into the second currency and (b) the rate or rates of exchange at which such Person, acting in good faith in a commercially reasonable manner, purchased the first currency with the second currency after receipt of a sum paid to it in the second currency in satisfaction, in whole or in part, of any such order, judgment, claim or proof. The foregoing indemnity shall constitute a separate obligation of each the Borrower distinct from its other obligations hereunder and shall survive the giving or making of any judgment or order in relation to all or any of such other obligations.. 108