Common use of Foreign Exchange Indemnity Clause in Contracts

Foreign Exchange Indemnity. If any sum due from the Borrower or any Guarantor under this Agreement or any order or judgment given or made in relation hereto 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 (a) making or filing a claim or proof against the Borrower or any Guarantor with any court, or tribunal, regulatory body, arbitration panel, or other body having jurisdiction over the claim or proof, or (b) enforcing any order or judgment given or made in relation hereto, the Borrower or any Guarantor, as the case may be, 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 (i) the rate of exchange used to convert the amount in question from the first currency into the second currency and (ii) the rate or rates of exchange at which such Person, acting in good faith, 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 the Borrower and the Guarantors 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 the any Borrower or any Guarantor 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 (ai) making or filing a claim or proof against the any Borrower or any Guarantor Subsidiary with any court, Regulatory Agency or tribunal, regulatory body, arbitration panel, in any court or other body having jurisdiction over the claim or proof, tribunal or (bii) enforcing any order or judgment given or made in relation hereto, the any Borrower or any Guarantor, as the case may be, 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 (ia) the rate of exchange used to convert the amount in question from the first currency into the second currency and (iib) the rate or rates of exchange at which such Person, acting in good faithfaith 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 the each Borrower and the Guarantors 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 the -------------------------- Borrower or any Guarantor 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 (ai) making or filing a claim or proof against the Borrower or any Guarantor Subsidiary with any court, Regulatory Agency or tribunal, regulatory body, arbitration panel, in any court or other body having jurisdiction over the claim or proof, tribunal or (bii) enforcing any order or judgment given or made in relation hereto, the Borrower or any Guarantor, as the case may be, 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 (ia) the rate of exchange used to convert the amount in question from the first currency into the second currency and (iib) the rate or rates of exchange at which such Person, acting in good faithfaith 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 the Borrower and the Guarantors 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

Foreign Exchange Indemnity. If any sum due from the Borrower Company or any Guarantor under this Agreement or any order or judgment given or made in relation hereto 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 (a) making or filing a claim or proof against the Borrower Company or any Guarantor with any court, Governmental Authority or tribunal, regulatory body, arbitration panel, in any court or other body having jurisdiction over the claim or proof, tribunal or (b) enforcing any order or judgment given or made in relation hereto, the Borrower Company or any Guarantor, as the case may be, 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 (i) the rate of exchange used to convert the amount in question from the first currency into the second currency currency, and (ii) the rate or rates of exchange at which such Person, acting in good faith, 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 the Borrower and the Guarantors Company or any Guarantor 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 the Borrower or any Guarantor under this Agreement or any order or judgment given or made in relation hereto 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 (ai) making or filing a claim or proof against the Borrower or any Guarantor with any court, Governmental Authority or in any court or tribunal, regulatory body, arbitration panel, or other body having jurisdiction over the claim or proof, or (bii) enforcing any order or judgment given or made in relation hereto, the Borrower or any Guarantor, as the case may be, 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 (ia) the rate of exchange used to convert the amount in question from the first currency into the second currency currency, and (iib) the rate or rates of exchange at which such Person, acting in good faithfaith 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 the Borrower and the Guarantors 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.