Common use of Judgment Currency Indemnity Clause in Contracts

Judgment Currency Indemnity. Any payment on account of an amount that is payable hereunder in Dollars which is made to or for the account of any Noteholder in lawful currency of any other jurisdiction (the “Other Currency”) whether as a result of any judgment or order or the enforcement thereof or the realization of any security or the liquidation of any Subsidiary Guarantor shall constitute a discharge of such Subsidiary Guarantor’s obligation under this Subsidiary Guarantee only to the extent of the amount of Dollars which such Noteholder could purchase in the New York foreign exchange markets with the amount of the Other Currency in accordance with normal banking procedures at the rate of exchange prevailing on the first day (other than a Saturday) on which banks in New York are generally open for business following receipt of the payment first referred to above. If the amount of Dollars that could be so purchased on such date is less than the amount of Dollars originally due to such Noteholder, such Subsidiary Guarantor shall indemnify and save harmless such Noteholder from and against all loss or damage arising out of or as a result of such deficiency. This indemnity shall constitute an obligation separate and independent from the other obligations contained in this Subsidiary Guarantee, shall give rise to a separate and independent cause of action, shall apply irrespective of any indulgence granted by any Noteholder from time to time and shall continue in full force and effect notwithstanding any judgment or order for a liquidated sum in respect of an amount due hereunder or under any judgment or order.

Judgment Currency Indemnity. Any payment on account of an amount that is payable hereunder in Dollars which is made to or If for the account purpose of obtaining judgment in any Noteholder in lawful currency court or enforcing any such judgment it is necessary to translate any amount due hereunder from the Currency of any other jurisdiction (Obligation into the “Other Currency”) whether as a result Currency of any judgment or order or Payment, the enforcement thereof or the realization rate of any security or the liquidation of any Subsidiary Guarantor exchange used shall constitute a discharge of such Subsidiary Guarantor’s obligation under this Subsidiary Guarantee only to the extent of the amount of Dollars be that at which such Noteholder could purchase in the New York foreign exchange markets with the amount of the Other Currency in accordance with normal banking procedures at the Lender could purchase the Currency of Obligation in the spot market with the Currency of Payment on the Business Day preceding that on which judgment is given or order made (even though such rate of exchange prevailing on the first day (may include a premium over any official or any other than a Saturday) on which banks in New York are generally open for business following receipt rate of exchange). The obligation of the payment first referred to above. If the amount of Dollars that could be so purchased on such date is less than the amount of Dollars originally due to such Noteholder, such Subsidiary Guarantor shall indemnify and save harmless such Noteholder from and against all loss or damage arising out of or as a result of such deficiency. This indemnity shall constitute an obligation separate and independent from the other obligations contained Borrower in this Subsidiary Guarantee, shall give rise to a separate and independent cause of action, shall apply irrespective respect of any indulgence granted by amount due from it under this Agreement or any Noteholder from time to time and shall continue instrument included in full force and effect the Security Documents shall, notwithstanding any judgment or order for a liquidated sum or sums in respect of an amount amounts due hereunder under this Agreement or under any judgment or order in any other currency or otherwise, be discharged only to the extent that on the Business Day following receipt by the Lender of any payment in the Currency of Payment the Lender is able (in accordance with normal banking procedures) to purchase the Currency of Obligation with the Currency of Payment. If the amount of the Currency of Obligation which the Lender is able to purchase with the Currency of Payment is less than the sum originally due under this Agreement and notwithstanding any judgment or order, the Borrower, will indemnify the Lender in the amount originally due for the shortfall. The certificate of Lender as to the amount of any such shortfall (which shall be deemed to constitute a loss suffered by it without any proof of actual loss being required) shall, save for manifest error, be conclusive and binding on the Borrower.

Judgment Currency Indemnity. Any payment on account of an amount that is payable hereunder in Dollars or Dutch Guilders (the "Required Currency") which is made to or for the account of any Noteholder in the lawful currency of any other jurisdiction (the “Other "Currency”) "), whether as a result of any judgment or order or the enforcement thereof or the realization of any security or the liquidation of any Subsidiary Guarantor the Person obligated to make such payment shall constitute a discharge of such Subsidiary Guarantor’s Person's obligation under this Subsidiary Guarantee Guaranty, the Note Agreement or the Notes only to the extent of the amount of Dollars the Required Currency which such Noteholder could purchase in the New York foreign exchange markets with the amount of the Other other Currency in accordance with normal banking procedures at the rate of exchange prevailing on the first day (other than a Saturday) on which banks in New York are generally open for business Business Day following receipt of the payment first referred to above. If the amount of Dollars the Required Currency that could be so purchased on such date is less than the amount of Dollars the Required Currency originally due to such Noteholder, the Person obligated hereunder to make such Subsidiary Guarantor payment shall indemnify and save harmless such Noteholder from and against all loss or damage arising out of or as a result of such deficiency. This indemnity shall constitute an obligation separate and independent from the other obligations contained in this Subsidiary GuaranteeGuaranty, the Note Agreement or the Notes, shall give rise to a separate and independent cause of action, shall apply irrespective of any indulgence granted by any such Noteholder from time to time and shall continue in full force and effect notwithstanding any judgment or order for a liquidated sum in respect of an amount due hereunder or under any judgment or order. This paragraph shall survive the termination of this Guaranty, the Note Agreement, the Notes and the Parent Guaranty and the repayment in full of the Notes.

Judgment Currency Indemnity. Any payment on account of an amount that is payable hereunder in Dollars which is made to or for the account of any Noteholder Holder of a Note in lawful currency of any other jurisdiction (the “Other Currency”"OTHER CURRENCY") whether as a result of any judgment or order or the enforcement thereof or the realization of any security or the liquidation of any Subsidiary Guarantor or the Company shall constitute a discharge of such Subsidiary the Guarantor’s 's or the Company's obligation under this Subsidiary Guarantee the Guarantee, and the Notes only to the extent of the amount of Dollars which such Noteholder Holder could purchase in the New York foreign exchange markets with the amount of the Other Currency in accordance with normal banking procedures at the rate of exchange prevailing on the first day (other than a Saturday) on which banks in New York are generally open for business following receipt of the payment first referred to above. If the amount of Dollars that could be so purchased on such date is less than the amount of Dollars originally due to such NoteholderHolder, such Subsidiary Guarantor the Guarantors and the Company shall indemnify and save harmless such Noteholder Holder from and against all loss or damage arising out of or as a result of such deficiency. This indemnity shall constitute an obligation separate and independent from the other obligations contained in this Subsidiary GuaranteeAgreement, shall give rise to a separate and independent cause of action, shall apply irrespective of any indulgence granted by any Noteholder Holder of a Note from time to time and shall continue in full force and effect notwithstanding any judgment or order for a liquidated sum in respect of an amount due hereunder or under any judgment or order.

Judgment Currency Indemnity. Any payment on account of an amount that is payable hereunder in Dollars the currency of any jurisdiction (the “Applicable Currency”) which is made to or for the account of any Noteholder in lawful currency of any other jurisdiction (the “Other Currency”) whether as a result of any judgment or order or the enforcement thereof or the realization of any security or the liquidation of any Subsidiary Guarantor shall constitute a discharge of such Subsidiary Guarantor’s obligation under this Subsidiary Guarantee only to the extent of the amount of Dollars the Applicable Currency which such Noteholder could purchase in the New York foreign exchange markets with the amount of the Other Currency in accordance with normal banking procedures at the rate of exchange prevailing on the first day (other than a Saturday) on which banks in New York are generally open for business following receipt of the payment first referred to above. If the amount of Dollars the Applicable Currency that could be so purchased on such date is less than the amount of Dollars the Applicable Currency originally due to such Noteholder, such Subsidiary Guarantor shall indemnify and save harmless such Noteholder from and against all loss or damage arising out of or as a result of such deficiency. This indemnity shall constitute an obligation separate and independent from the other obligations contained in this Subsidiary Guarantee, shall give rise to a separate and independent cause of action, shall apply irrespective of any indulgence granted by any Noteholder from time to time and shall continue in full force and effect notwithstanding any judgment or order for a liquidated sum in respect of an amount due hereunder or under any judgment or order.

Judgment Currency Indemnity. Any payment on account of an amount that is payable hereunder in Dollars or Dutch Guilders (the "Required Currency") which is made to or for the account of any Noteholder in the lawful currency of any other jurisdiction (the “Other "Currency”) "), whether as a result of any judgment or order or the enforcement thereof or the realization of any security or the liquidation of any Subsidiary Guarantor the Person obligated to make such payment shall constitute a discharge of such Subsidiary Guarantor’s Person's obligation under this Subsidiary Guarantee Guaranty, the Note Agreement or the Notes only to the extent of the amount of Dollars the Required Currency which such Noteholder could purchase in the New York foreign exchange markets with the amount of the Other other Currency in accordance with normal banking procedures at the rate of exchange prevailing on the first day (other than a Saturday) on which banks in New York are generally open for business Business Day following receipt of the payment first referred to above. If the amount of Dollars the Required Currency that could be so purchased on such date is less than the amount of Dollars the Required Currency originally due to such Noteholder, the Person obligated hereunder to make such Subsidiary Guarantor payment shall indemnify and save harmless such Noteholder from and against all loss or damage arising out of or as a result of such deficiency. This indemnity shall constitute an obligation separate and independent from the other obligations contained in this Subsidiary GuaranteeGuaranty, the Note Agreement or the Notes, shall give rise to a separate and independent cause of action, shall apply irrespective of any indulgence granted by any such Noteholder from time to time and shall continue in full force and effect notwithstanding any judgment or order for a liquidated sum in respect of an amount due hereunder or under any judgment or order. This paragraph shall survive the termination of this Subsidiary Guaranty, the Note Agreement, the Notes and the Parent Guaranty and the repayment in full of the Notes.