Common use of Judgment Currency Indemnity Clause in Contracts

Judgment Currency Indemnity. (a) If, for the purposes of obtaining judgment in any court, it is necessary to convert an amount due from the Guarantor under any provision of this Guarantee to a currency other than U.S. dollars, the parties agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures Wilmington Trust Company could purchase such other currency with U.S. dollars at its Wilmington office on the second Business Day preceding the day on which final judgment is given. (b) The obligations of the Guarantor in respect of any amount due to the Guarantee Trustee or any Holders under this Agreement shall, notwithstanding any judgment in a currency other than U.S. dollars, be discharged only to the extent that on the Business Day following receipt by the Guarantee Trustee or such Holders, as the case may be, of any amount adjudged to be so due in such other currency the Guarantee Trustee or such Holders, as the case may be, may in accordance with normal banking procedures purchase U.S. dollars with such other currency. (c) If the amount of U.S. dollars so purchased is less than the amount originally due to the Guarantee Trustee or such Holders, as the case may be, in U.S. dollars, the Guarantor agrees, to the fullest extent that it may effectively do so, as a separate obligation and notwithstanding any such judgment, to indemnify the Guarantee Trustee or such Holders, as the case may be, against such loss. (d) If the amount of dollars so purchased exceeds the amount originally due to the Guarantee Trustee or such Holders, as the case may be, in U.S. dollars, agree to remit any remaining amount to the Guarantor.

Judgment Currency Indemnity. (a) If, for the purposes of obtaining judgment in any court, it is necessary to convert an amount due from the Guarantor under any provision of this Trust Preferred Guarantee to a currency other than U.S. dollars, the parties agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures Wilmington Trust Company The Bank of New York could purchase such other currency with U.S. dollars at its Wilmington New York office on the second Business Day preceding the day on which final judgment is given. (b) The obligations of the Guarantor in respect of any amount due to the Trust Preferred Guarantee Trustee or any Holders under this Agreement Trust Preferred Guarantee shall, notwithstanding any judgment in a currency other than U.S. dollars, be discharged only to the extent that on the Business Day following receipt by the Trust Preferred Guarantee Trustee or such Holders, as the case may be, of any amount adjudged to be so due in such other currency the Trust Preferred Guarantee Trustee or such Holders, as the case may be, may in accordance with normal banking procedures purchase U.S. dollars with such other currency. (c) If the amount of U.S. dollars so purchased is less than the amount originally due to the Trust Preferred Guarantee Trustee or such Holders, as the case may be, in U.S. dollars, the Guarantor agrees, to the fullest extent that it may effectively do so, as a separate obligation and notwithstanding any such judgment, to indemnify the Trust Preferred Guarantee Trustee or such Holders, as the case may be, against such loss. (d) If the amount of dollars so purchased exceeds the amount originally due to the Trust Preferred Guarantee Trustee or such Holders, as the case may be, in U.S. dollars, the Trust Preferred Guarantee Trustee and such Holders agree to remit any remaining amount to the Guarantor.

Judgment Currency Indemnity. (a) If, for the purposes of obtaining judgment in any court, it is necessary to convert an amount due from the Guarantor under any provision of this Class B Preferred Guarantee to a currency other than U.S. dollars, the parties agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures Wilmington Trust Company The Bank of New York could purchase such other currency with U.S. dollars at its Wilmington New York office on the second Business Day preceding the day on which final judgment is given. (b) The obligations of the Guarantor in respect of any amount due to the Class B Preferred Guarantee Trustee or any Holders under this Agreement Class B Preferred Guarantee shall, notwithstanding any judgment in a currency other than U.S. dollars, be discharged only to the extent that on the Business Day following receipt by the Class B Preferred Guarantee Trustee or such Holders, as the case may be, of any amount adjudged to be so due in such other currency the Class B Preferred Guarantee Trustee or such Holders, as the case may be, may in accordance with normal banking procedures purchase U.S. dollars with such other currency. (c) If the amount of U.S. dollars so purchased is less than the amount originally due to the Class B Preferred Guarantee Trustee or such Holders, as the case may be, in U.S. dollars, the Guarantor agrees, to the fullest extent that it may effectively do so, as a separate obligation and notwithstanding any such judgment, to indemnify the Class B Preferred Guarantee Trustee or such Holders, as the case may be, against such loss. (d) If the amount of dollars so purchased exceeds the amount originally due to the Class B Preferred Guarantee Trustee or such Holders, as the case may be, in U.S. dollars, the Class B Preferred Guarantee Trustee and such Holders agree to remit any remaining amount to the Guarantor.

Judgment Currency Indemnity. (a) If, for the purposes of obtaining judgment in any court, it is necessary to convert an amount due from the Guarantor under any provision of this Guarantee to a currency other than U.S. dollarsDollars, the parties agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures Wilmington Trust Company the Guarantee Trustee could purchase such other currency with U.S. dollars Dollars at its Wilmington New York office on the second Business Day preceding the day on which final judgment is given. (b) The obligations of the Guarantor in respect of any amount due to the Guarantee Trustee or any Holders under this Agreement shall, notwithstanding any judgment in a currency other than U.S. dollarsDollars, be discharged only to the extent that on the Business Day following receipt by the Guarantee Trustee or such Holders, as the case may be, of any amount adjudged to be so due in such other currency the Guarantee Trustee or such Holders, as the case may be, may in accordance with normal banking procedures purchase U.S. dollars Dollars with such other currency. (c) If the amount of U.S. dollars Dollars so purchased is less than the amount originally due to the Guarantee Trustee or such Holders, as the case may be, in U.S. dollarsDollars, the Guarantor agrees, to the fullest extent that it may effectively do so, as a separate obligation and notwithstanding any such judgment, to indemnify the Guarantee Trustee or such Holders, as the case may be, against such loss. (d) If the amount of dollars Dollars so purchased exceeds the amount originally due to the Guarantee Trustee or such Holders, as the case may be, in U.S. dollarsDollars, agree to remit any remaining amount to the Guarantor.

Judgment Currency Indemnity. (a) If, for the purposes of obtaining judgment in any court, it is necessary to convert an amount due from the Guarantor under any provision of this Class B Preferred Guarantee to a currency other than U.S. dollars, the parties agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures Wilmington Trust Company The Bank of New York could purchase such other currency with U.S. dollars at its Wilmington New York office on the second Business Day preceding the day on which final judgment is given. (b) The obligations of the Guarantor in respect of any amount due under this Class B Preferred Guarantee to the Class B Preferred Guarantee Trustee or any Holders under this Agreement of Class B Preferred Securities shall, notwithstanding any judgment in a currency other than U.S. dollars, be discharged only to the extent that on the Business Day following receipt by the Class B Preferred Guarantee Trustee or such Holders, as the case may be, of any amount adjudged to be so due in such other currency the Class B Preferred Guarantee Trustee or such Holders, as the case may be, may in accordance with normal banking procedures purchase U.S. dollars with such other currency. (c) If the amount of U.S. dollars so purchased is less than the amount originally due to the Class B Preferred Guarantee Trustee or such Holders, as the case may be, in U.S. dollars, the Guarantor agrees, to the fullest extent that it may effectively do so, as a separate obligation and notwithstanding any such judgment, to indemnify the Class B Preferred Guarantee Trustee or such Holders, as the case may be, against such loss. (d) If the amount of dollars so purchased exceeds the amount originally due to the Class B Preferred Guarantee Trustee or such Holders, as the case may be, in U.S. dollars, the Class B Preferred Guarantee Trustee and such Holders agree to remit any remaining amount to the Guarantor.

Judgment Currency Indemnity. (a) If, for the purposes of obtaining judgment in any court, it is necessary to convert an amount due from the Guarantor under any provision of this Guarantee to a currency other than U.S. dollars, the parties agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures Wilmington Trust Company JPMorgan Chase Bank, N.A., could purchase such other currency with U.S. dollars at its Wilmington New York office on the second Business Day preceding the day on which final judgment is given. (b) The obligations of the Guarantor in respect of any amount due to the Guarantee Trustee or any Holders under this Agreement shall, notwithstanding any judgment in a currency other than U.S. dollars, be discharged only to the extent that on the Business Day following receipt by the Guarantee Trustee or such Holders, as the case may be, of any amount adjudged to be so due in such other currency the Guarantee Trustee or such Holders, as the case may be, may in accordance with normal banking procedures purchase U.S. dollars with such other currency. (c) If the amount of U.S. dollars so purchased is less than the amount originally due to the Guarantee Trustee or such Holders, as the case may be, in U.S. dollars, the Guarantor agrees, to the fullest extent that it may effectively do so, as a separate obligation and notwithstanding any such judgment, to indemnify the Guarantee Trustee or such Holders, as the case may be, against such loss. (d) If the amount of dollars so purchased exceeds the amount originally due to the Guarantee Trustee or such Holders, as the case may be, in U.S. dollars, the Guarantee Trustee and such Holders agree to remit any remaining amount to the Guarantor.

Judgment Currency Indemnity. (a) If, for the purposes of obtaining judgment in any court, it is necessary to convert an amount due from the Guarantor under any provision of this Trust Preferred Guarantee to a currency other than U.S. dollars, the parties agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures Wilmington Trust Company The Bank of New York could purchase such other currency with U.S. dollars at its Wilmington New York office on the second Business Day preceding the day on which final judgment is given. (b) The obligations of the Guarantor in respect of any amount due under this Trust Preferred Guarantee to the Trust Preferred Guarantee Trustee or any Holders under this Agreement of Trust Preferred Securities shall, notwithstanding any judgment in a currency other than U.S. dollars, be discharged only to the extent that on the Business Day following receipt by the Trust Preferred Guarantee Trustee or such Holders, as the case may be, of any amount adjudged to be so due in such other currency the Trust Preferred Guarantee Trustee or such Holders, as the case may be, may in accordance with normal banking procedures purchase U.S. dollars with such other currency. (c) If the amount of U.S. dollars so purchased is less than the amount originally due to the Trust Preferred Guarantee Trustee or such Holders, as the case may be, in U.S. dollars, the Guarantor agrees, to the fullest extent that it may effectively do so, as a separate obligation and notwithstanding any such judgment, to indemnify the Trust Preferred Guarantee Trustee or such Holders, as the case may be, against such loss. (d) If the amount of dollars so purchased exceeds the amount originally due to the Trust Preferred Guarantee Trustee or such Holders, as the case may be, in U.S. dollars, the Trust Preferred Guarantee Trustee and such Holders agree to remit any remaining amount to the Guarantor.

Judgment Currency Indemnity. (a) If, for the purposes of obtaining judgment in any court, it is necessary to convert an amount due from the Guarantor under any provision of this Guarantee to a currency other than U.S. dollars, the parties agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures Wilmington Trust Company could purchase such other currency with U.S. dollars at its Wilmington office on the second Business Day preceding the day on which final judgment is given.that (b) The obligations of the Guarantor in respect of any amount due to the Guarantee Trustee or any Holders under this Agreement shall, notwithstanding any judgment in a currency other than U.S. dollars, be discharged only to the extent that on the Business Day following receipt by the Guarantee Trustee or such Holders, as the case may be, of any amount adjudged to be so due in such other currency the Guarantee Trustee or such Holders, as the case may be, may in accordance with normal banking procedures purchase U.S. dollars with such other currency. (c) If the amount of U.S. dollars so purchased is less than the amount originally due to the Guarantee Trustee or such Holders, as the case may be, in U.S. dollars, the Guarantor agrees, to the fullest extent that it may effectively do so, as a separate obligation and notwithstanding any such judgment, to indemnify the Guarantee Trustee or such Holders, as the case may be, against such loss. (d) If the amount of dollars so purchased exceeds the amount originally due to the Guarantee Trustee or such Holders, as the case may be, in U.S. dollars, agree to remit any remaining amount to the Guarantor.

Judgment Currency Indemnity. (a) If, for the purposes of obtaining judgment in any court, it is necessary to convert an amount due from the Guarantor or Holdings under any provision of this Guarantee to a currency other than the U.S. dollarsdollar, the parties agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which which, in accordance with normal banking procedures Wilmington Trust Company procedures, The Bank of New York could purchase such other currency with U.S. dollars at its Wilmington New York office on the second Business Day preceding the day on which final judgment is given. (b) The several obligations of the Guarantor and Holdings in respect of any amount due to the Guarantee Trustee or any Holders under this Agreement shall, notwithstanding any judgment in a currency other than the U.S. dollarsdollar, be discharged only to the extent that on the Business Day following receipt by the Guarantee Trustee or such Holders, as the case may be, of any amount adjudged to be so due in such other currency currency, the Guarantee Trustee or such Holders, as the case may be, may in accordance with normal banking procedures purchase U.S. dollars with such other currency. (c) If the amount of U.S. dollars so purchased is less than the amount originally due to the Guarantee Trustee or such Holders, as the case may be, in U.S. dollars, the Guarantor agreesand Holdings agree severally, to the fullest extent that it they may effectively do so, as a separate obligation and notwithstanding any such judgment, to indemnify the Guarantee Trustee or such Holders, as the case may be, against such loss. (d) If the amount of U.S. dollars so purchased exceeds the amount originally due to the Guarantee Trustee or such Holders, as the case may be, in U.S. dollarsthe Guarantee Trustee or such Holders, as the case may be, agree to remit any remaining amount to the GuarantorGuarantor or Holdings, as the case may be, in pounds sterling.

Judgment Currency Indemnity. (a) If, for the purposes of obtaining judgment in any court, it is necessary to convert an amount due from the Guarantor under any provision of this Guarantee to a currency other than U.S. dollars, the parties agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures Wilmington Trust Company JPMorgan Chase Bank could purchase such other currency with U.S. dollars at its Wilmington New York office on the second Business Day preceding the day on which final judgment is given. (b) The obligations of the Guarantor in respect of any amount due to the Guarantee Trustee or any Holders under this Agreement shall, notwithstanding any judgment in a currency other than U.S. dollars, be discharged only to the extent that on the Business Day following receipt by the Guarantee Trustee or such Holders, as the case may be, of any amount adjudged to be so due in such other currency the Guarantee Trustee or such Holders, as the case may be, may in accordance with normal banking procedures purchase U.S. dollars with such other currency. (c) If the amount of U.S. dollars so purchased is less than the amount originally due to the Guarantee Trustee or such Holders, as the case may be, in U.S. dollars, the Guarantor agrees, to the fullest extent that it may effectively do so, as a separate obligation and notwithstanding any such judgment, to indemnify the Guarantee Trustee or such Holders, as the case may be, against such loss. (d) If the amount of dollars so purchased exceeds the amount originally due to the Guarantee Trustee or such Holders, as the case may be, in U.S. dollars, the Guarantee Trustee and such Holders agree to remit any remaining amount to the Guarantor.

Judgment Currency Indemnity. (a) If, for the purposes of obtaining judgment in any court, it is necessary to convert an amount due from the Guarantor under any provision of this Class B Preferred Guarantee to a currency other than U.S. dollars, the parties agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures Wilmington Trust Company The Bank of New York Mellon could purchase such other currency with U.S. dollars at its Wilmington New York office on the second Business Day preceding the day on which final judgment is given. (b) The obligations of the Guarantor in respect of any amount due under this Class B Preferred Guarantee to the Class B Preferred Guarantee Trustee or any Holders under this Agreement of Class B Preferred Securities shall, notwithstanding any judgment in a currency other than U.S. dollars, be discharged only to the extent that on the Business Day following receipt by the Class B Preferred Guarantee Trustee or such Holders, as the case may be, of any amount adjudged to be so due in such other currency the Class B Preferred Guarantee Trustee or such Holders, as the case may be, may in accordance with normal banking procedures purchase U.S. dollars with such other currency. (c) If the amount of U.S. dollars so purchased is less than the amount originally due to the Class B Preferred Guarantee Trustee or such Holders, as the case may be, in U.S. dollars, the Guarantor agrees, to the fullest extent that it may effectively do so, as a separate obligation and notwithstanding any such judgment, to indemnify the Class B Preferred Guarantee Trustee or such Holders, as the case may be, against such loss. (d) If the amount of dollars so purchased exceeds the amount originally due to the Class B Preferred Guarantee Trustee or such Holders, as the case may be, in U.S. dollars, the Class B Preferred Guarantee Trustee and such Holders agree to remit any remaining amount to the Guarantor.

Judgment Currency Indemnity. (a) If, for the purposes of obtaining judgment in any court, it is necessary to convert an amount due from the Guarantor under any provision of this Trust Preferred Guarantee to a currency other than U.S. dollars, the parties agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures Wilmington Trust Company The Bank of New York Mellon could purchase such other currency with U.S. dollars at its Wilmington New York office on the second Business Day preceding the day on which final judgment is given. (b) The obligations of the Guarantor in respect of any amount due under this Trust Preferred Guarantee to the Trust Preferred Guarantee Trustee or any Holders under this Agreement of Trust Preferred Securities shall, notwithstanding any judgment in a currency other than U.S. dollars, be discharged only to the extent that on the Business Day following receipt by the Trust Preferred Guarantee Trustee or such Holders, as the case may be, of any amount adjudged to be so due in such other currency the Trust Preferred Guarantee Trustee or such Holders, as the case may be, may in accordance with normal banking procedures purchase U.S. dollars with such other currency. (c) If the amount of U.S. dollars so purchased is less than the amount originally due to the Trust Preferred Guarantee Trustee or such Holders, as the case may be, in U.S. dollars, the Guarantor agrees, to the fullest extent that it may effectively do so, as a separate obligation and notwithstanding any such judgment, to indemnify the Trust Preferred Guarantee Trustee or such Holders, as the case may be, against such loss. (d) If the amount of dollars so purchased exceeds the amount originally due to the Trust Preferred Guarantee Trustee or such Holders, as the case may be, in U.S. dollars, the Trust Preferred Guarantee Trustee and such Holders agree to remit any remaining amount to the Guarantor.

Judgment Currency Indemnity. (a) If, for the purposes of obtaining judgment in any court, it is necessary to convert an amount due from the Guarantor under any provision of this Contingent Guarantee to a currency other than U.S. dollarsDollars, the parties agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures Wilmington Trust Company the Guarantee Trustee could purchase such other currency with U.S. dollars Dollars at its Wilmington New York office on the second Business Day preceding the day on which final judgment is given. (b) The obligations of the Guarantor in respect of any amount due to the Guarantee Trustee or any Holders Company under this Agreement Contingent Guarantee shall, notwithstanding any judgment in a currency other than U.S. dollarsDollars, be discharged only to the extent that on the Business Day following receipt by the Guarantee Trustee or such Holders, as the case may be, Company of any amount adjudged to be so due in such other currency the Guarantee Trustee or such Holders, as the case may be, Company may in accordance with normal banking procedures purchase U.S. dollars Dollars with such other currency. (c) If the amount of U.S. dollars Dollars so purchased is less than the amount originally due to the Guarantee Trustee or such Holders, as the case may be, Company in U.S. dollarsDollars, the Guarantor agrees, to the fullest extent that it may effectively do so, as a separate obligation and notwithstanding any such judgment, to indemnify the Guarantee Trustee or such Holders, as the case may be, Company against such loss. (d) If the amount of dollars Dollars so purchased exceeds the amount originally due to the Guarantee Trustee or such Holders, as the case may be, Company in U.S. dollarsDollars, agree the Company agrees to remit any remaining amount to the Guarantor.

Judgment Currency Indemnity. (a) If, for the purposes of obtaining judgment in any court, it is necessary to convert an amount due from the Guarantor under any provision of this Guarantee to a currency other than U.S. dollars, the parties agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures Wilmington Trust Company could purchase such other currency with U.S. dollars at its Wilmington New York office on the second Business Day preceding the day on which final judgment is given. (b) The obligations of the Guarantor in respect of any amount due to the Guarantee Trustee or any Holders under this Agreement shall, notwithstanding any judgment in a currency other than U.S. dollars, be discharged only to the extent that on the Business Day following receipt by the Guarantee Trustee or such Holders, as the case may be, of any amount adjudged to be so due in such other currency the Guarantee Trustee or such Holders, as the case may be, may in accordance with normal banking procedures purchase U.S. dollars with such other currency. (c) If the amount of U.S. dollars so purchased is less than the amount originally due to the Guarantee Trustee or such Holders, as the case may be, in U.S. dollars, the Guarantor agrees, to the fullest extent that it may effectively do so, as a separate obligation and notwithstanding any such judgment, to indemnify the Guarantee Trustee or such Holders, as the case may be, against such loss.Guarantor (d) If the amount of dollars so purchased exceeds the amount originally due to the Guarantee Trustee or such Holders, as the case may be, in U.S. dollars, agree to remit any remaining amount to the Guarantor.

Judgment Currency Indemnity. (aA) If, If for the purposes purpose of obtaining judgment judgement in any courtcourt by the Company or China Netcom Group or CNC BVI or a Global Coordinator or a Joint Sponsor or a Hong Kong Underwriter as the case may be (for the purpose of this clause 25, the "CLAIMING PARTY") it is necessary to convert an amount a sum due from the Guarantor under hereunder into any provision of this Guarantee to a currency other than U.S. Hong Kong dollars, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that the rate at which in accordance with normal banking procedures Wilmington Trust Company such Claiming Party could purchase Hong Kong dollars with such other currency with U.S. dollars at its Wilmington office in Hong Kong on the second Business Day preceding the day that on which final judgment judgement is given. (bB) The obligations obligation of the Guarantor any party hereto in respect of any amount sum due from such party (for the purpose of this clause 25, the "OBLIGOR") to the Guarantee Trustee or any Holders under this Agreement Claiming Party shall, notwithstanding any judgment judgement in a currency other than U.S. Hong Kong dollars, not be discharged only to until the extent that on the first Business Day following receipt by the Guarantee Trustee or such Holders, as the case may be, Claiming Party of any amount sum adjudged to be so due in such other currency currency, on which (and only to the Guarantee Trustee or extent that) such Holders, as the case may be, Claiming Party may in accordance with normal banking procedures purchase U.S. Hong Kong dollars with such other currency. (cC) If the amount of U.S. Hong Kong dollars so purchased is pursuant to this clause are less than the amount sum originally due to the Guarantee Trustee or Claiming Party, such Holders, as the case may be, in U.S. dollars, the Guarantor Obligor agrees, to the fullest extent that it may effectively do so, as a separate obligation and notwithstanding any such judgmentjudgement, to indemnify the Guarantee Trustee or such Holders, as the case may be, Claiming Party against such loss. (dD) If the amount of Hong Kong dollars so purchased exceeds pursuant to this clause are greater than the amount sum originally due to the Guarantee Trustee or such HoldersClaiming Party, the Claiming Party agrees, as the case may bea separate obligation and notwithstanding any such judgement, in U.S. dollars, agree to remit any remaining amount repay to the GuarantorObligor an amount equal to the excess of the Hong Kong dollars so purchased over the sum originally due hereunder to the Claiming Party.

Judgment Currency Indemnity. (a) If, for the purposes of obtaining judgment in any court, it is necessary to convert an amount due from the Guarantor under any provision of this Company Preferred Guarantee to a currency other than U.S. dollars, the parties agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures Wilmington Trust Company The Bank of New York could purchase such other currency with U.S. dollars at its Wilmington New York office on the second Business Day preceding the day on which final judgment is given. (b) The obligations of the Guarantor in respect of any amount due to the Company Preferred Guarantee Trustee or any Holders under this Agreement Company Preferred Guarantee shall, notwithstanding any judgment in a currency other than U.S. dollars, be discharged only to the extent that on the Business Day following receipt by the Company Preferred Guarantee Trustee or such Holders, as the case may be, of any amount adjudged to be so due in such other currency the Company Preferred Guarantee Trustee or such Holders, as the case may be, may in accordance with normal banking procedures purchase U.S. dollars with such other currency. (c) If the amount of U.S. dollars so purchased is less than the amount originally due to the Company Preferred Guarantee Trustee or such Holders, as the case may be, in U.S. dollars, the Guarantor agrees, to the fullest extent that it may effectively do so, as a separate obligation and notwithstanding any such judgment, to indemnify the Company Preferred Guarantee Trustee or such Holders, as the case may be, against such loss. (d) If the amount of dollars so purchased exceeds the amount originally due to the Company Preferred Guarantee Trustee or such Holders, as the case may be, in U.S. dollars, the Company Preferred Guarantee Trustee and such Holders agree to remit any remaining amount to the Guarantor.

Judgment Currency Indemnity. (a) If, for the purposes of obtaining judgment in any court, it is necessary to convert an amount due from the Guarantor under any provision of this Guarantee to a currency other than the U.S. dollarsdollar, the parties agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which which, in accordance with normal banking procedures Wilmington Trust Company procedures, The Bank of New York could purchase such other currency with U.S. dollars at its Wilmington New York office on the second Business Day preceding the day on which final judgment is given. (b) The obligations of the Guarantor in respect of any amount due to the Guarantee Trustee or any Holders under this Agreement shall, notwithstanding any judgment in a currency other than U.S. dollarsthe U.S dollar, be discharged only to the extent that on the Business Day following receipt by the Guarantee Trustee or such Holders, as the case may be, of any amount adjudged to be so due in such other currency currency, the Guarantee Trustee or such Holders, as the case may be, may in accordance with normal banking procedures purchase U.S. dollars with such other currency. (c) If the amount of U.S. dollars so purchased is less than the amount originally due to the Guarantee Trustee or such Holders, as the case may be, in U.S. dollars, the Guarantor agrees, to the fullest extent that it may effectively do so, as a separate obligation and notwithstanding any such judgment, to indemnify the Guarantee Trustee or such Holders, as the case may be, against such loss. (d) If the amount of U.S. dollars so purchased exceeds the amount originally due to the Guarantee Trustee or such Holders, as the case may be, in U.S. dollarsthe Guarantee Trustee or such Holders, as the case may be, agree to remit any remaining amount to the GuarantorGuarantor in pounds sterling.