Common use of Judgment Currency Clause in Contracts

Judgment Currency. (i) If for the purpose of obtaining or enforcing judgment against the Company in connection with this Agreement or any other Transaction Document in any court in any jurisdiction it becomes necessary to convert into any other currency (such other currency being hereinafter in this Section 9(p) referred to as the “Judgment Currency”) an amount due in US Dollars under this Agreement, the conversion shall be made at the Exchange Rate prevailing on the Trading Day immediately preceding: (1) the date actual payment of the amount due, in the case of any proceeding in the courts of New York or in the courts of any other jurisdiction that will give effect to such conversion being made on such date: or (2) the date on which the foreign court determines, in the case of any proceeding in the courts of any other jurisdiction (the date as of which such conversion is made pursuant to this Section 9(p)(i)(2) being hereinafter referred to as the “Judgment Conversion Date”). (ii) If in the case of any proceeding in the court of any jurisdiction referred to in Section 9(p)(i)(2) above, there is a change in the Exchange Rate prevailing between the Judgment Conversion Date and the date of actual payment of the amount due, the applicable party shall pay such adjusted amount as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the Exchange Rate prevailing on the date of payment, will produce the amount of US Dollars which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial order at the Exchange Rate prevailing on the Judgment Conversion Date. (iii) Any amount due from the Company under this provision shall be due as a separate debt and shall not be affected by judgment being obtained for any other amounts due under or in respect of this Agreement or any other Transaction Document.

Judgment Currency. (i) If for the purpose of obtaining or enforcing judgment against the Company in connection with this Agreement or any other Transaction Document in any court in any jurisdiction it becomes necessary to convert into any other currency (such other currency being hereinafter in this Section 9(p) referred to as the “Judgment Currency”) an amount due in US Dollars under this Agreement, the conversion shall be made at the Exchange Rate prevailing on the Trading Day immediately preceding: (1) the date actual payment of the amount due, in the case of any proceeding in the courts of New York or in the courts of any other jurisdiction that will give effect to such conversion being made on such date: or (2) the date on which the foreign court determines, in the case of any proceeding in the courts of any other jurisdiction (the date as of which such conversion is made pursuant to this Section 9(p)(i)(29(p)(i)(1) being hereinafter referred to as the “Judgment Conversion Date”). (ii) If in the case of any proceeding in the court of any jurisdiction referred to in Section 9(p)(i)(29(p)(i)(1) above, there is a change in the Exchange Rate prevailing between the Judgment Conversion Date and the date of actual payment of the amount due, the applicable party shall pay such adjusted amount as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the Exchange Rate prevailing on the date of payment, will produce the amount of US Dollars which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial order at the Exchange Rate prevailing on the Judgment Conversion Date. (iii) Any amount due from the Company under this provision shall be due as a separate debt and shall not be affected by judgment being obtained for any other amounts due under or in respect of this Agreement or any other Transaction Document.

Judgment Currency. (ia) If If, for the purpose of obtaining or enforcing judgment against the Company in connection with this Agreement or any other Transaction Document Credit Party in any court in any jurisdiction jurisdiction, it becomes necessary to convert into any other currency (such other currency being hereinafter in this Section 9(p) 10.24 referred to as the “Judgment Currency”) an amount due under any Credit Document in US Dollars under this Agreementany currency (the “Obligation Currency”) other than the Judgment Currency, the conversion shall be made at the Exchange Rate rate of exchange prevailing on the Trading Business Day immediately preceding: (1) preceding the date of actual payment of the amount due, in the case of any proceeding in the courts of New York or in the courts of any other jurisdiction that will give effect to such conversion being made on such date: or (2) , or the date on which the foreign court determinesjudgment is given, in the case of any proceeding in the courts of any other jurisdiction (the applicable date as of which such conversion is made pursuant to this Section 9(p)(i)(2) 10.24 being hereinafter in this Section 10.24 referred to as the “Judgment Conversion Date”). (iib) If If, in the case of any proceeding in the court of any jurisdiction referred to in Section 9(p)(i)(2) above10.24(a), there is a change in the Exchange Rate rate of exchange prevailing between the Judgment Conversion Date and the date of actual payment receipt for value of the amount due, then the applicable party Credit Party or Credit Parties shall pay such adjusted additional amount (if any, but in any event not a lesser amount) as may be necessary to ensure that the amount paid actually received in the Judgment Currency, when converted at the Exchange Rate rate of exchange prevailing on the date of payment, will produce provide the amount of US Dollars the Obligation Currency which could have been purchased with the amount of the Judgment Currency stipulated in the judgment or judicial order at the Exchange Rate rate of exchange prevailing on the Judgment Conversion Date. (iii) . Any amount due from the Company any Credit Party under this provision Section 10.24(b) shall be due as a separate debt and shall not be affected by judgment being obtained for any other amounts due under or in respect of any of the Credit Documents. (c) The term “rate of exchange” in this Agreement Section 10.24 means the rate of exchange at which Administrative Agent, on the relevant date at or any other Transaction Documentabout 12:00 noon (New York time), would be prepared to sell, in accordance with Administrative Agent’s normal course foreign currency exchange practices, the Obligation Currency against the Judgment Currency.

Judgment Currency. (i) If for the purpose of obtaining or enforcing judgment against the Company in connection with this Agreement or any other Transaction Document in any court in any jurisdiction it becomes necessary to convert into any other currency (such other currency being hereinafter in this Section 9(p) referred to as the “Judgment Currency”) an amount due in US U.S. Dollars under this Agreement, the conversion shall be made at the Exchange Rate prevailing on the Trading Day immediately preceding: (1) the date actual payment of the amount due, in the case of any proceeding in the courts of New York or in the courts of any other jurisdiction that will give effect to such conversion being made on such date: or (2) the date on which the foreign court determines, in the case of any proceeding in the courts of any other jurisdiction (the date as of which such conversion is made pursuant to this Section 9(p)(i)(2) being hereinafter referred to as the “Judgment Conversion Date”). (ii) If in the case of any proceeding in the court of any jurisdiction referred to in Section 9(p)(i)(2) above, there is a change in the Exchange Rate prevailing between the Judgment Conversion Date and the date of actual payment of the amount due, the applicable party shall pay such adjusted amount as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the Exchange Rate prevailing on the date of payment, will produce the amount of US U.S. Dollars which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial order at the Exchange Rate prevailing on the Judgment Conversion Date. (iii) Any amount due from the Company under this provision shall be due as a separate debt and shall not be affected by judgment being obtained for any other amounts due under or in respect of this Agreement or any other Transaction Document.

Judgment Currency. (i) If for the purpose of obtaining or enforcing judgment against the Company in connection with this Agreement or any other Transaction Document in any court in any jurisdiction it becomes necessary to convert into any other currency (such other currency being hereinafter in this Section 9(p) referred to as the “Judgment Currency”) an amount due in US Dollars under this Agreement, the conversion shall be made at the Exchange Rate prevailing on the Trading Day immediately preceding: (1) the date actual payment of the amount due, in the case of any proceeding in the courts of New York Delaware or in the courts of any other jurisdiction that will give effect to such conversion being made on such date: or (2) the date on which the foreign court determines, in the case of any proceeding in the courts of any other jurisdiction (the date as of which such conversion is made pursuant to this Section 9(p)(i)(2) being hereinafter referred to as the “Judgment Conversion Date”). (ii) If in the case of any proceeding in the court of any jurisdiction referred to in Section 9(p)(i)(2) above, there is a change in the Exchange Rate prevailing between the Judgment Conversion Date and the date of actual payment of the amount due, the applicable party shall pay such adjusted amount as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the Exchange Rate prevailing on the date of payment, will produce the amount of US Dollars which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial order at the Exchange Rate prevailing on the Judgment Conversion Date. (iii) Any amount due from the Company under this provision shall be due as a separate debt and shall not be affected by judgment being obtained for any other amounts due under or in respect of this Agreement or any other Transaction Document.

Judgment Currency. (i) If for the purpose of obtaining or enforcing judgment against the Company in connection with this Agreement or any other Transaction Document in any court in any jurisdiction it becomes necessary to convert into any other currency (such other currency being hereinafter in this Section 9(p) referred to as the “Judgment Currency”) an amount due in US U.S. Dollars under this Agreement, the conversion shall be made at the Exchange Rate prevailing on the Trading Business Day immediately preceding: (1) the date actual payment of the amount due, in the case of any proceeding in the courts of New York or in the courts of any other jurisdiction that will give effect to such conversion being made on such date: ; or (2) the date on which the foreign court determines, in the case of any proceeding in the courts of any other jurisdiction (the date as of which such conversion is made pursuant to this Section 9(p)(i)(2) being hereinafter referred to as the “Judgment Conversion Date”). (ii) If in the case of any proceeding in the court of any jurisdiction referred to in Section 9(p)(i)(2) above, there is a change in the Exchange Rate prevailing between the Judgment Conversion Date and the date of actual payment of the amount due, the applicable party shall pay such adjusted amount as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the Exchange Rate prevailing on the date of payment, will produce the amount of US U.S. Dollars which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial order at the Exchange Rate prevailing on the Judgment Conversion Date. (iii) Any amount due from the Company under this provision shall be due as a separate debt and shall not be affected by judgment being obtained for any other amounts due under or in respect of this Agreement or any other Transaction Document.

Judgment Currency. (ia) If for the purpose of obtaining or enforcing judgment against the Company in connection with this Agreement or any other Transaction Document in any court in any jurisdiction it becomes necessary to convert into any other currency (such other currency being hereinafter in this Section 9(p) 12 referred to as the “Judgment Currency”) an amount due in US U.S. Dollars under this AgreementWarrant, the conversion shall be made at the Exchange Rate prevailing on the Trading Day immediately preceding: (1i) the date actual payment of the amount due, in the case of any proceeding in the courts of New York or in the courts of any other jurisdiction that will give effect to such conversion being made on such date: or (2ii) the date on which the foreign court determines, in the case of any proceeding in the courts of any other jurisdiction (the date as of which such conversion is made pursuant to this Section 9(p)(i)(212(a)(ii) being hereinafter referred to as the “Judgment Conversion Date”). (iib) If in the case of any proceeding in the court of any jurisdiction referred to in Section 9(p)(i)(212(a)(ii) above, there is a change in the Exchange Rate prevailing between the Judgment Conversion Date and the date of actual payment of the amount due, the applicable party shall pay such adjusted amount as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the Exchange Rate prevailing on the date of payment, will produce the amount of US U.S. Dollars which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial order at the Exchange Rate prevailing on the Judgment Conversion Date. (iiic) Any amount due from the Company under this provision shall be due as a separate debt and shall not be affected by judgment being obtained for any other amounts due under or in respect of this Agreement or any other Transaction DocumentWarrant.

Judgment Currency. (i) If for the purpose of obtaining or enforcing judgment against the Company in connection with this Agreement or any other Transaction Document in any court in any jurisdiction it becomes necessary to convert into any other currency (such other currency being hereinafter in this Section 9(p) referred to as the “Judgment Currency”) an amount due in US U.S. Dollars under this Agreement, the conversion shall be made at the Exchange Rate prevailing on the Trading Day immediately preceding: (1) the date actual payment of the amount due, in the case of any proceeding in the courts of New York or in the courts of any other jurisdiction that will give effect to such conversion being made on such date: or (2) the date on which the foreign court determines, in the case of any proceeding in the courts of any other jurisdiction (the date as of which such conversion is made pursuant to this Section 9(p)(i)(2) being hereinafter referred to as the “Judgment Conversion Date”). (ii) If in the case of any proceeding in the court of any jurisdiction referred to in Section 9(p)(i)(2) above, there is a change in the Exchange Rate prevailing between the Judgment Conversion Date and the date of actual payment of the amount due, the applicable party shall pay such adjusted amount as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the Exchange Rate prevailing on the date of payment, will produce the amount of US Dollars which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial order at the Exchange Rate prevailing on the Judgment Conversion Date. (iii) Any amount due from the Company under this provision shall be due as a separate debt and shall not be affected by judgment being obtained for any other amounts due under or in respect of this Agreement or any other Transaction Document.

Judgment Currency. (ia) If for the purpose of obtaining or enforcing judgment against the Company in connection with this Agreement or any other Transaction Document in any court in any jurisdiction it becomes necessary to convert into any other currency (such other currency being hereinafter in this Section 9(p) 5.17 referred to as the “Judgment Currency”) an amount due in US U.S. Dollars under this AgreementAgreement or any other Transaction Document, the conversion shall be made at the Exchange Rate prevailing on the Trading Day immediately preceding: : (1A) the date actual payment of the amount due, in the case of any proceeding in the courts of New York or in the courts of any other jurisdiction that will give effect to such conversion being made on such date: or date or (2B) the date on which the foreign court determines, in the case of any proceeding in the courts of any other jurisdiction (the date as of which such conversion is made pursuant to this Section 9(p)(i)(2) 5.17 being hereinafter referred to as the “Judgment Conversion Date”). (iib) If in the case of any proceeding in the court of any jurisdiction referred to in Section 9(p)(i)(25.17(a) above, there is a change in the Exchange Rate prevailing between the Judgment Conversion Date and the date of actual payment of the amount due, the applicable party shall pay such adjusted amount as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the Exchange Rate prevailing on the date of payment, will produce the amount of US U.S. Dollars which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial order at the Exchange Rate prevailing on the Judgment Conversion Date. (iiic) Any amount due from the Company under this provision shall be due as a separate debt and shall not be affected by judgment being obtained for any other amounts due under or in respect of this Agreement or any other Transaction Document.

Judgment Currency. (i) If for the purpose of obtaining or enforcing judgment against the Company in connection with this Agreement or any other Transaction Document in any court in any jurisdiction it becomes necessary to convert into any other currency (such other currency being hereinafter in this Section 9(p) referred to as the “Judgment Currency”) an amount due in US U.S. Dollars under this Agreement, the conversion shall be made at the Exchange Rate prevailing on the Trading Business Day immediately preceding: (1) the date actual payment of the amount due, in the case of any proceeding in the courts Court of New York Chancery of the State of Delaware or in the courts of any other jurisdiction that will give effect to such conversion being made on such date: ; or (2) the date on which the foreign court determines, in the case of any proceeding in the courts of any other jurisdiction (the date as of which such conversion is made pursuant to this Section 9(p)(i)(2) being hereinafter referred to as the “Judgment Conversion Date”). (ii) If in the case of any proceeding in the court of any jurisdiction referred to in Section 9(p)(i)(2) above), there is a change in the Exchange Rate prevailing between the Judgment Conversion Date and the date of actual payment of the amount due, the applicable party shall pay such adjusted amount as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the Exchange Rate prevailing on the date of payment, will produce the amount of US U.S. Dollars which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial order at the Exchange Rate prevailing on the Judgment Conversion Date. (iii) Any amount due from the Company under this provision shall be due as a separate debt and shall not be affected by judgment being obtained for any other amounts due under or in respect of this Agreement or any other Transaction Document.

Judgment Currency. (ia) If for the purpose of obtaining or enforcing judgment against the Company in connection with this Agreement or any other Transaction Document in any court in any jurisdiction it becomes necessary to convert into any other currency (such other currency being hereinafter in this Section 9(p) 28 referred to as the “Judgment Currency”) an amount due in US Dollars U.S. dollars under this AgreementNote, the conversion shall be made at the Exchange Rate prevailing on the Trading Day immediately preceding: (1i) the date actual payment of the amount due, in the case of any proceeding in the courts of New York or in the courts of any other jurisdiction that will give effect to such conversion being made on such date: or (2ii) the date on which the foreign court determines, in the case of any proceeding in the courts of any other jurisdiction (the date as of which such conversion is made pursuant to this Section 9(p)(i)(228(a)(ii) being hereinafter referred to as the “Judgment Conversion Date”). (iib) If in the case of any proceeding in the court of any jurisdiction referred to in Section 9(p)(i)(228(a)(ii) above, there is a change in the Exchange Rate prevailing between the Judgment Conversion Date and the date of actual payment of the amount due, the applicable party shall pay such adjusted amount as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the Exchange Rate prevailing on the date of payment, will produce the amount of US Dollars dollars which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial order at the Exchange Rate prevailing on the Judgment Conversion Date. (iiic) Any amount due from the Company under this provision shall be due as a separate debt and shall not be affected by judgment being obtained for any other amounts due under or in respect of this Agreement or any other Transaction DocumentNote.

Judgment Currency. (ia) If If, for the purpose of obtaining or enforcing judgment against the Company in connection with this Agreement or any other Transaction Document Canadian Borrower in any court in any jurisdiction jurisdiction, it becomes necessary to convert into any other currency (such other currency being hereinafter in this Section 9(p) SECTION 9.19 referred to as the “Judgment Currency”) an amount due in US Dollars CD$ or dollars under this Agreement, the conversion shall will be made at the Exchange Rate rate of exchange prevailing on the Trading Business Day immediately preceding: (1i) the date of actual payment of the amount due, in the case of any proceeding in the courts of New York the Province of Ontario or in the courts of any other jurisdiction that will give effect to such conversion being made on such date: ; or (2ii) the date on which the foreign court determinesjudgment is given, in the case of any proceeding in the courts of any other jurisdiction (the date as of which such conversion is made pursuant to this Section 9(p)(i)(2) SECTION 9.19 being hereinafter in this SECTION 9.19 referred to as the “Judgment Conversion Date”). (iib) If If, in the case of any proceeding in the court of any jurisdiction referred to in Section 9(p)(i)(2) aboveSECTION 9.19(a)(ii), there is a change in the Exchange Rate rate of exchange prevailing between the Judgment Conversion Date and the date of actual payment of the amount due, the applicable party shall Canadian Borrower will pay such adjusted additional amount (if any, but in any event not a lesser amount) as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the Exchange Rate rate of exchange prevailing on the date of payment, will produce the amount of US Dollars CD$ or dollars, as the case may be, which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial order at the Exchange Rate rate of exchange prevailing on the Judgment Conversion Date. (iiic) Any amount due from the Company Canadian Borrower under the provisions of this provision shall SECTION 9.19 will be due as a separate debt and shall will not be affected by judgment being obtained for any other amounts due under or in respect of this Agreement or Agreement. (d) The term “rate of exchange” in this SECTION 9.19 means: (i) for a conversion of CD$ to the Judgment Currency, the reciprocal of the official noon rate of exchange published by the Bank of Canada for the date in question for the conversion of the Judgment Currency to CD$; (ii) for a conversion of dollars to the Judgment Currency when the Judgment Currency is CD$, the official noon rate of exchange published by the Bank of Canada for the date in question for the conversion of dollars to CD$; (iii) for a conversion of dollars to the Judgment Currency when the Judgment Currency is not CD$, the effective rate obtained when a given amount of dollars is converted to CD$ at the rate determined pursuant to this SECTION 9.19 and the result thereof is then converted to the Judgment Currency pursuant to this SECTION 9.19; or (iv) if a required rate is not so published by the Bank of Canada for any other Transaction Documentsuch date, the spot rate quoted by the Canadian Agent at Toronto, Canada at approximately noon (Toronto time) on that date in accordance with its normal practice for the applicable currency conversion in the wholesale market.

Judgment Currency. (i) If for the purpose of obtaining or enforcing judgment against the Company any BC Entity in connection with this Agreement or any other Transaction Document in any court in any jurisdiction it becomes necessary to convert into any other currency (such other currency being hereinafter in this Section 9(p) referred to as the “Judgment Currency”) an amount due in US Dollars under this Agreement, the conversion shall be made at the Exchange Rate prevailing on the Trading Day immediately preceding: (1) the date actual payment of the amount due, in the case of any proceeding in the courts of New York or in the courts of any other jurisdiction that will give effect to such conversion being made on such date: or (2) the date on which the foreign court determines, in the case of any proceeding in the courts of any other jurisdiction (the date as of which such conversion is made pursuant to this Section 9(p)(i)(2) being hereinafter referred to as the “Judgment Conversion Date”). (ii) If in the case of any proceeding in the court of any jurisdiction referred to in Section 9(p)(i)(2) above, there is a change in the Exchange Rate prevailing between the Judgment Conversion Date and the date of actual payment of the amount due, the applicable party shall pay such adjusted amount as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the Exchange Rate prevailing on the date of payment, will produce the amount of US Dollars which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial order at the Exchange Rate prevailing on the Judgment Conversion Date. (iii) Any amount due from the Company any BC Entity under this provision shall be due as a separate debt and shall not be affected by judgment being obtained for any other amounts due under or in respect of this Agreement or any other Transaction Document.

Judgment Currency. (i) If for the purpose of obtaining or enforcing judgment against the Company in connection with this Agreement or any other Transaction Document in any court in any jurisdiction it becomes necessary to convert into any other currency (such other currency being hereinafter in this Section 9(p) referred to as the “Judgment Currency”) an amount due in US Dollars under this Agreement, the conversion shall be made at the Exchange Rate prevailing on the Trading Day immediately preceding: (1) the date actual payment of the amount due, in the case of any proceeding in the courts of New York or in the courts of any other jurisdiction that will give effect to such conversion being made on such date: or (2) the date on which the foreign court determines, in the case of any proceeding in the courts of any other jurisdiction (the date as of which such conversion is made pursuant to this Section 9(p)(i)(2) being hereinafter referred to as the “Judgment Conversion Date”). (ii) If in the case of any proceeding in the court of any jurisdiction referred to in Section 9(p)(i)(2) above, there is a change in the Exchange Rate prevailing between the Judgment Conversion Date and the date of actual payment of the amount due, the applicable party shall pay such adjusted amount as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the Exchange Rate prevailing on the date of payment, will produce the amount of US Dollars which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial order at the Exchange Rate prevailing on the Judgment Conversion Date. (iii) Any amount due from the Company under this provision shall be due as a separate debt and shall not be affected by judgment being obtained for any other amounts due under or in respect of this Agreement or any other Transaction DocumentAgreement.

Judgment Currency. (ia) If If, for the purpose of obtaining or enforcing judgment against the Company in connection with this Agreement or any other Transaction Document Credit Party in any court in any jurisdiction jurisdiction, it becomes necessary to convert into any other currency (such other currency being hereinafter in this Section 9(p) 12.20 referred to as the “Judgment Currency”) an amount due under any Loan Document in US Dollars under this Agreement(the “Obligation Currency”), the conversion shall be made at the Exchange Rate rate of exchange prevailing on the Trading Business Day immediately preceding: preceding (1i) the date of actual payment of the amount due, in the case of any proceeding in the courts of New York or in the courts of any other jurisdiction that will give effect to such conversion being made on such earlier date: or , or (2ii) the date on which the foreign court determinesjudgment is given, in the case of any proceeding in the courts of any other jurisdiction (the applicable date as of which such conversion is made pursuant to this Section 9(p)(i)(2) 12.20 being hereinafter in this Section 12.20 referred to as the “Judgment Conversion Date”). (iib) If If, in the case of any proceeding in the court of any jurisdiction referred to in Section 9(p)(i)(2) above12.20(a), there is a change in the Exchange Rate rate of exchange prevailing between the Judgment Conversion Date and the date of actual payment receipt for value of the amount due, the applicable party Credit Party shall pay such adjusted additional amount (if any, but in any event not a lesser amount) as may be necessary to ensure that the amount paid actually received in the Judgment Currency, when converted at the Exchange Rate rate of exchange prevailing on the date of payment, will produce the amount of US Dollars the Obligation Currency which could have been purchased with the amount of the Judgment Currency stipulated in the judgment or judicial order at the Exchange Rate rate of exchange prevailing on the Judgment Conversion Date. (iii) . Any amount due from the Company a Credit Party under this provision Section 12.20(b) shall be due as a separate debt and shall not be affected by judgment being obtained for any other amounts due under or in respect of any of the Loan Documents. (c) The term “rate of exchange” in this Agreement Section 12.20 means the rate of exchange at which Agent would, on the relevant date at or any other Transaction Documentabout 1:00 p.m. (New York time), be prepared to sell the Obligation Currency against the Judgment Currency.

Judgment Currency. (i) If for the purpose of obtaining or enforcing judgment against the Company in connection with this Agreement or any other Transaction Document in any court in any jurisdiction it becomes necessary to convert into any other currency (such other currency being hereinafter in this Section 9(p) referred to as the “Judgment Currency”) an amount due in US Dollars under this Agreement, the conversion shall be made at the Exchange Rate prevailing on the Trading Day immediately preceding: (1) the date actual payment of the amount due, in the case of any proceeding in the courts of New York or in the courts of any other jurisdiction that will give effect to such conversion being made on such date: or (2) the date on which the foreign court determines, in the case of any proceeding in the courts of any other jurisdiction (the date as of which such conversion is made pursuant to this Section 9(p)(i)(29(p)(i)(1) being hereinafter referred to as the “Judgment Conversion Date”). (iii) If in the case of any proceeding in the court of any jurisdiction referred to in Section 9(p)(i)(29(p)(i)(1) above, there is a change in the Exchange Rate prevailing between the Judgment Conversion Date and the date of actual payment of the amount due, the applicable party shall pay such adjusted amount as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the Exchange Rate prevailing on the date of payment, will produce the amount of US Dollars which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial order at the Exchange Rate prevailing on the Judgment Conversion Date. (iiiii) Any amount due from the Company under this provision shall be due as a separate debt and shall not be affected by judgment being obtained for any other amounts due under or in respect of this Agreement or any other Transaction Document.

Judgment Currency. (ia) If The Credit Parties’ obligations hereunder and under the other Credit Documents to make payments in Dollars shall not be discharged or satisfied by any tender or recovery pursuant to any judgment expressed in or converted into any currency other than Dollars, except to the extent that such tender or recovery results in the effective receipt by the Administrative Agent, the respective Lender or the applicable Issuing Bank of the full amount of Dollars expressed to be payable to the Administrative Agent or such Lender or such Issuing Bank under this Agreement or the other Credit Documents. If, for the purpose of obtaining or enforcing judgment against the Company in connection with this Agreement or any other Transaction Document Credit Party in any court or in any jurisdiction jurisdiction, it becomes necessary to convert into or from any currency other currency than Dollars (such other currency being hereinafter in this Section 9(p) referred to as the “Judgment Currency”) an amount due in US Dollars under this AgreementDollars, the conversion shall be made at the Exchange Rate prevailing on the Trading Day immediately preceding: (1) the date actual payment Dollar Equivalent determined as of the amount due, in Calculation Date immediately preceding the case of any proceeding in the courts of New York or in the courts of any other jurisdiction that will give effect to such conversion being made on such date: or (2) the date day on which the foreign court determines, in the case of any proceeding in the courts of any other jurisdiction (the date as of which such conversion judgment is made pursuant to this Section 9(p)(i)(2) being hereinafter referred to as the “Judgment Conversion Date”)given. (iib) If in the case of any proceeding in the court of any jurisdiction referred to in Section 9(p)(i)(2) above, there is a change in the Exchange Rate rate of exchange prevailing between the Judgment Conversion Calculation Date described in clause (a) above and the date of actual payment of the amount due, the applicable party Credit Parties shall pay pay, or cause to be paid, such adjusted amount additional amounts, if any (but in any event not a lesser amount) as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the Exchange Rate rate of exchange prevailing on the date of payment, will produce the amount of US Dollars which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial order award at the Exchange Rate rate of exchange prevailing on the Judgment Conversion Calculation Date. (iiic) Any amount due from For purposes of determining the Company under this provision shall be due as a separate debt and shall not be affected by judgment being obtained for any other amounts due under or in respect of this Agreement Dollar Equivalent or any other Transaction Documentrate of exchange for this Section 10.26, such amounts shall include any premium and costs payable in connection with the purchase of Dollars.

Judgment Currency. (i) If for the purpose of obtaining or enforcing judgment against the Company in connection with this Agreement or any other Transaction Document in any court in any jurisdiction it becomes necessary to convert into any other currency (such other currency being hereinafter in this Section 9(p) referred to as the “Judgment Currency”) an amount due in US Dollars under this Agreement, the conversion shall be made at the Exchange Rate prevailing on the Trading Business Day immediately preceding: (1) the date actual payment of the amount due, in the case of any proceeding in the courts of New York or in the courts of any other jurisdiction that will give effect to such conversion being made on such date: or (2) the date on which the foreign court determines, in the case of any proceeding in the courts of any other jurisdiction (the date as of which such conversion is made pursuant to this Section 9(p)(i)(2) being hereinafter referred to as the “Judgment Conversion Date”). (ii) If in the case of any proceeding in the court of any jurisdiction referred to in Section 9(p)(i)(2) above, there is a change in the Exchange Rate prevailing between the Judgment Conversion Date and the date of actual payment of the amount due, the applicable party shall pay such adjusted amount as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the Exchange Rate prevailing on the date of payment, will produce the amount of US Dollars which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial order at the Exchange Rate prevailing on the Judgment Conversion Date. (iii) Any amount due from the Company under this provision shall be due as a separate debt and shall not be affected by judgment being obtained for any other amounts due under or in respect of this Agreement or any other Transaction Document.

Judgment Currency. (i) If for the purpose of obtaining or enforcing judgment against the Company in connection with this Agreement or any other Transaction Document in any court in any jurisdiction it becomes necessary to convert into any other currency (such other currency being hereinafter in this Section 9(p) referred to as the “Judgment Currency”) an amount due in US Dollars under this Agreement, the conversion shall be made at the Exchange Rate prevailing on the Trading Business Day immediately preceding: (1) the date actual payment of the amount due, in the case of any proceeding in the courts of New York or in the courts of any other jurisdiction that will give effect to such conversion being made on such date: or (2) the date on which the foreign court determines, in the case of any proceeding in the courts of any other jurisdiction (the date as of which such conversion is made pursuant to this Section 9(p)(i)(29(p)(i)(1) being hereinafter referred to as the “Judgment Conversion Date”). (ii) If in the case of any proceeding in the court of any jurisdiction referred to in Section 9(p)(i)(29(p)(i)(1) above, there is a change in the Exchange Rate prevailing between the Judgment Conversion Date and the date of actual payment of the amount due, the applicable party shall pay such adjusted amount as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the Exchange Rate prevailing on the date of payment, will produce the amount of US Dollars which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial order at the Exchange Rate prevailing on the Judgment Conversion Date. (iii) Any amount due from the Company under this provision shall be due as a separate debt and shall not be affected by judgment being obtained for any other amounts due under or in respect of this Agreement or any other Transaction Document.

Judgment Currency. (i) If for the purpose of obtaining or enforcing judgment against the Company in connection with this Agreement or any other Transaction Document in any court in any jurisdiction it becomes necessary to convert into any other currency (such other currency being hereinafter in this Section 9(p8(q) referred to as the “Judgment Currency”) an amount due in US U.S. Dollars under this AgreementAgreement or any other Transaction Document, the conversion shall be made at the Exchange Rate prevailing on the Trading Day immediately preceding: : (1A) the date actual payment of the amount due, in the case of any proceeding in the courts of New York or in the courts of any other jurisdiction that will give effect to such conversion being made on such date: or date or (2B) the date on which the foreign court determines, in the case of any proceeding in the courts of any other jurisdiction (the date as of which such conversion is made pursuant to this Section 9(p)(i)(28(q)(i) being hereinafter referred to as the “Judgment Conversion Date”). (ii) If in the case of any proceeding in the court of any jurisdiction referred to in Section 9(p)(i)(28(q)(i) above, there is a change in the Exchange Rate prevailing between the Judgment Conversion Date and the date of actual payment of the amount due, the applicable party shall pay such adjusted amount as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the Exchange Rate prevailing on the date of payment, will produce the amount of US U.S. Dollars which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial order at the Exchange Rate prevailing on the Judgment Conversion Date. (iii) Any amount due from the Company under this provision shall be due as a separate debt and shall not be affected by judgment being obtained for any other amounts due under or in respect of this Agreement or any other Transaction Document.

Judgment Currency. (i) If for the purpose of obtaining or enforcing judgment against the Company in connection with this Agreement or any other Transaction Document in any court in any jurisdiction it becomes necessary to convert into any other currency (such other currency being hereinafter in this Section 9(p) referred to as the “Judgment Currency”) an amount due in US U.S. Dollars under this Agreement, the conversion shall be made at the Exchange Rate prevailing on the Trading Day immediately preceding: (1A) the date actual payment of the amount due, in the case of any proceeding in the courts of New York or in the courts of any other jurisdiction that will shall give effect to such conversion being made on such date: or (2B) the date on which the foreign court determines, in the case of any proceeding in the courts of any other jurisdiction (the date as of which such conversion is made pursuant to this Section 9(p)(i)(29(p)(i)(B) being hereinafter referred to as the “Judgment Conversion Date”). (ii) If in the case of any proceeding in the court of any jurisdiction referred to in Section 9(p)(i)(29(p)(i)(B) above, there is a change in the Exchange Rate prevailing between the Judgment Conversion Date and the date of actual payment of the amount due, the applicable party shall pay such adjusted amount as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the Exchange Rate prevailing on the date of payment, will shall produce the amount of US U.S. Dollars which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial order at the Exchange Rate prevailing on the Judgment Conversion Date. (iii) Any amount due from the Company under this provision shall be due as a separate debt and shall not be affected by judgment being obtained for any other amounts due under or in respect of this Agreement or any other Transaction Document.

Judgment Currency. (ia) If for the purpose of obtaining or enforcing judgment against the Company in connection with this Agreement or any other Transaction Document in any court in any jurisdiction it becomes necessary to convert into any other currency (such other currency being hereinafter in this Section 9(p) 7.17 referred to as the “Judgment Currency”) an amount due in US Dollars under this Agreement, the conversion shall be made at the Exchange Rate prevailing on the Trading Day business day immediately preceding: (1i) the date of actual payment of the amount due, in the case of any proceeding in the courts of New York or in the courts of any other jurisdiction that will give effect to such conversion being made on such date: or (2ii) the date on which the foreign court determines, in the case of any proceeding in the courts of any other jurisdiction (the date as of which such conversion is made pursuant to this Section 9(p)(i)(2) being hereinafter referred to as the “Judgment Conversion Date”). (iib) If in the case of any proceeding in the court of any jurisdiction referred to in Section 9(p)(i)(2) aboveproceeding, there is a change in the Exchange Rate prevailing between the Judgment Conversion Date and the date of actual payment of the amount due, the applicable party shall pay such adjusted amount as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the Exchange Rate prevailing on the date of payment, will produce the amount of US Dollars which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial order at the Exchange Rate prevailing on the Judgment Conversion Date. (iiic) Any amount due from the Company under this provision shall be due as a separate debt and shall not be affected by judgment being obtained for any other amounts due under or in respect of this Agreement or any other Transaction DocumentAgreement.

Judgment Currency. (i) If for the purpose of obtaining or enforcing judgment against the Company in connection with this Agreement or any other Transaction Document in any court in any jurisdiction it becomes necessary to convert into any other currency (such other currency being hereinafter in this Section 9(p9(q) referred to as the “Judgment Currency”) an amount due in US U.S. Dollars under this AgreementAgreement or any other Transaction Document, the conversion shall be made at the Exchange Rate prevailing on the Trading Day immediately preceding: : (1) the date actual payment of the amount due, in the case of any proceeding in the courts of New York Illinois or in the courts of any other jurisdiction that will give effect to such conversion being made on such date: or date or (2) the date on which the foreign court determines, in the case of any proceeding in the courts of any other jurisdiction (the date as of which such conversion is made pursuant to this Section 9(p)(i)(29(q)(i) being hereinafter referred to as the “Judgment Conversion Date”). (ii) If in the case of any proceeding in the court of any jurisdiction referred to in Section 9(p)(i)(29(q)(i) above, there is a change in the Exchange Rate prevailing between the Judgment Conversion Date and the date of actual payment of the amount due, the applicable party shall pay such adjusted amount as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the Exchange Rate prevailing on the date of payment, will produce the amount of US U.S. Dollars which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial order at the Exchange Rate prevailing on the Judgment Conversion Date. (iii) Any amount due from the Company under this provision shall be due as a separate debt and shall not be affected by judgment being obtained for any other amounts due under or in respect of this Agreement or any other Transaction Document.

Judgment Currency. (ia) If for the purpose of obtaining or enforcing judgment against the Company in connection with this Agreement or any other Transaction Document in any court in any jurisdiction it becomes necessary to convert into any other currency (such other currency being hereinafter in this Section 9(p) 12 referred to as the “Judgment Currency”) an amount due in US U.S. Dollars under this AgreementWarrant, the conversion shall be made at the Exchange Rate prevailing on the Trading Day immediately preceding: (1i) the date actual payment of the amount due, in the case of any proceeding in the courts of New York or in the courts of any other jurisdiction that will give effect to such conversion being made on such date: or (2ii) the date on which the foreign court determines, in the case of any proceeding in the courts of any other jurisdiction (the date as of which such conversion is made pursuant to this Section 9(p)(i)(212(a)(ii) being hereinafter referred to as the “Judgment Conversion Date”). (iib) If in the case of any proceeding in the court of any jurisdiction referred to in Section 9(p)(i)(212(a)(ii) above, there is a change in the Exchange Rate prevailing between the Judgment Conversion Date and the date of actual payment of the amount due, the applicable party shall pay such adjusted amount as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the Exchange Rate prevailing on the date of payment, will produce the amount of US U.S. Dollars which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial order at the Exchange Rate prevailing on the Judgment Conversion Date. (iiic) Any amount due from the Company under this provision shall be due as a separate debt and shall not be affected by judgment being obtained for any other amounts due under or in respect of this Agreement or any other Transaction DocumentWarrant.

Judgment Currency. (ia) If for the purpose of obtaining or enforcing judgment against the Company in connection with this Agreement or any other Transaction Document in any court in any jurisdiction it becomes necessary to convert into any other currency (such other currency being hereinafter in this Section 9(p) 21 referred to as the “Judgment Currency”) an amount due in US Dollars U.S. dollars under this AgreementNote, the conversion shall be made at the Exchange Rate prevailing on the Trading Day immediately preceding: (1i) the date actual payment of the amount due, in the case of any proceeding in the courts of New York or in the courts of any other jurisdiction that will give effect to such conversion being made on such date: or (2ii) the date on which the foreign court determines, in the case of any proceeding in the courts of any other jurisdiction (the date as of which such conversion is made pursuant to this Section 9(p)(i)(221(a)(ii) being hereinafter referred to as the “Judgment Conversion Date”). (iib) If in the case of any proceeding in the court of any jurisdiction referred to in Section 9(p)(i)(221(a)(ii) above, there is a change in the Exchange Rate prevailing between the Judgment Conversion Date and the date of actual payment of the amount due, the applicable party shall pay such adjusted amount as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the Exchange Rate prevailing on the date of payment, will produce the amount of US Dollars dollars which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial order at the Exchange Rate prevailing on the Judgment Conversion Date. (iiic) Any amount due from the Company under this provision shall be due as a separate debt and shall not be affected by judgment being obtained for any other amounts due under or in respect of this Agreement or any other Transaction DocumentNote.

Judgment Currency. (i) If for the purpose of obtaining or enforcing judgment against the Company in connection with this Agreement or any other Transaction Document in any court in any jurisdiction it becomes necessary to convert into any other currency (such other currency being hereinafter in this Section 9(p) referred to as the “Judgment Currency”) an amount due in US Dollars under this Agreement, the conversion shall be made at the Exchange Rate prevailing on the Trading Day immediately preceding: (1) the date actual payment of the amount due, in the case of any proceeding in the courts of New York Illinois or in the courts of any other jurisdiction that will give effect to such conversion being made on such date: or (2) the date on which the foreign court determines, in the case of any proceeding in the courts of any other jurisdiction (the date as of which such conversion is made pursuant to this Section 9(p)(i)(2) being hereinafter referred to as the “Judgment Conversion Date”). (ii) If in the case of any proceeding in the court of any jurisdiction referred to in Section 9(p)(i)(2) above, there is a change in the Exchange Rate prevailing between the Judgment Conversion Date and the date of actual payment of the amount due, the applicable party shall pay such adjusted amount as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the Exchange Rate prevailing on the date of payment, will produce the amount of US Dollars which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial order at the Exchange Rate prevailing on the Judgment Conversion Date. (iii) Any amount due from the Company under this provision shall be due as a separate debt and shall not be affected by judgment being obtained for any other amounts due under or in respect of this Agreement or any other Transaction Document.

Judgment Currency. (ia) If If, for the purpose of obtaining or enforcing judgment against the Company in connection with this Agreement or any other Transaction Document Borrower in any court in any jurisdiction jurisdiction, it becomes necessary to convert into any other a particular currency (such other currency being hereinafter in this Section 9(p) 16.7 referred to as the “Judgment Currency”) an amount due in US Dollars another currency (such other currency being hereinafter in this Section 16.7 referred to as the “Indebtedness Currency”) under this Agreementagreement, the conversion shall be made at the Exchange Rate rate of exchange prevailing on the Trading Banking Day immediately preceding: (1i) the date of actual payment of the amount due, in the case of any proceeding in the courts of New York the Province of Ontario or in the courts of any other jurisdiction that will give effect to such conversion being made on such date: ; or (2ii) the date on which the foreign court determinesjudgment is given, in the case of any proceeding in the courts of any other jurisdiction (the date as of which such conversion is made pursuant to this Section 9(p)(i)(216.7(a)(ii) being hereinafter in this Section 16.7 referred to as the “Judgment Conversion Date”). (iib) If If, in the case of any proceeding in the court of any jurisdiction referred to in Section 9(p)(i)(2) above16.7(a)(ii), there is a change in the Exchange Rate rate of exchange prevailing between the Judgment Conversion Date and the date of actual payment of the amount due, the applicable party Borrower shall pay to the appropriate judgment creditor or creditors such adjusted additional amount (if any, but in any event not a lesser amount) as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the Exchange Rate rate of exchange prevailing on the date of payment, will produce the amount of US Dollars the Indebtedness Currency which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial order at the Exchange Rate rate of exchange prevailing on the Judgment Conversion Date. (iiic) Any amount due from the Company Borrower under this provision the provisions of Section 16.7(b) shall be due to the appropriate judgment creditor or creditors as a separate debt and shall not be affected by judgment being obtained for any other amounts due under or in respect of this Agreement or any other Transaction Documentagreement.

Judgment Currency. (ia) If If, for the purpose of obtaining or enforcing judgment against the Company in connection with this Agreement or any other Transaction Document Credit Parties in any court in any jurisdiction jurisdiction, it becomes necessary to convert into any other currency (such other currency being hereinafter in this Section 9(p) 10.3 referred to as the “Judgment Currency”) an amount due under any Credit Document in US Dollars under this Agreementany currency (the “Obligation Currency”) other than the Judgment Currency, the conversion shall be made at the Exchange Rate rate of exchange prevailing on the Trading Business Day immediately preceding: (1) preceding the date of actual payment of the amount due, in the case of any proceeding in the courts of the State of New York or in the courts of any other jurisdiction that will give effect to such conversion being made on such date: or (2) , or the date on which the foreign court determinesjudgment is given, in the case of any proceeding in the courts of any other jurisdiction (the applicable date as of which such conversion is made pursuant to this Section 9(p)(i)(2) 10.27 being hereinafter in this Section 10.27 referred to as the “Judgment Conversion Date”). (iib) If If, in the case of any proceeding in the court of any jurisdiction referred to in Section 9(p)(i)(2) above10.27(a), there is a change in the Exchange Rate rate of exchange prevailing between the Judgment Conversion Date and the date of actual payment receipt for value of the amount due, the applicable party Credit Party shall pay such adjusted additional amount (if any, but in any event not a lesser amount) as may be necessary to ensure that the amount paid actually received in the Judgment Currency, when converted at the Exchange Rate rate of exchange prevailing on the date of payment, will produce the amount of US Dollars the Obligation Currency which could have been purchased with the amount of the Judgment Currency stipulated in the judgment or judicial order at the Exchange Rate rate of exchange prevailing on the Judgment Conversion Date. (iii) . Any amount due from the Company a Credit Party under this provision Section 10.27(b) shall be due as a separate debt and shall not be affected by judgment being obtained for any other amounts due under or in respect of this Agreement or any other Transaction Documentof the Credit Documents.

Judgment Currency. (i) If This is an international financing transaction in accordance with which the specification of Dollars is of the essence, and Dollars shall be the currency of account in the case of all obligations under the Transaction Documents. The payment obligations of any Person under the Transaction Documents shall not be discharged by an amount paid in a currency, or in a place other than that specified with respect to such obligations, whether pursuant to a judgment or otherwise, to the extent that the amount so paid on prompt conversion to Dollars and transfer to the specified place of payment under normal banking procedures does not yield the amount of Dollars, in such place, due under the governing Transaction Documents. In the event that any payment, whether pursuant to a judgment or otherwise, upon conversion and transfer does not result in payment of such amount of Dollars in the specified place of payment, the obligee of such payment shall have a separate cause of action against the party making the same for the additional amount necessary to yield the amount due and owing under such Transaction Documents. If, for the purpose of obtaining or enforcing a judgment against the Company in connection with this Agreement or any other Transaction Document in any court in with respect to any jurisdiction obligation of a party under any of the Transaction Documents or any of the agreements contemplated thereby, it becomes shall be necessary to convert into to any other currency (any amount in Dollars due thereunder and a change shall occur between the rate of exchange applied in making such other currency being hereinafter in this Section 9(p) referred to as conversion and the “Judgment Currency”) an amount due in US Dollars under this Agreement, the conversion shall be made at the Exchange Rate rate of exchange prevailing on the Trading Day immediately preceding: (1) the date actual of payment of the amount due, in the case of any proceeding in the courts of New York or in the courts of any other jurisdiction that will give effect to such conversion being made on such date: or (2) the date on which the foreign court determines, in the case of any proceeding in the courts of any other jurisdiction (the date as of which such conversion is made pursuant to this Section 9(p)(i)(2) being hereinafter referred to as the “Judgment Conversion Date”). (ii) If in the case of any proceeding in the court of any jurisdiction referred to in Section 9(p)(i)(2) above, there is a change in the Exchange Rate prevailing between the Judgment Conversion Date and the date of actual payment of the amount duejudgment, the applicable party shall respective judgment debtor agrees to pay such adjusted amount additional amounts (if any) as may be necessary to ensure insure that the amount paid in the Judgment Currency, when converted at the Exchange Rate prevailing on the date of payment, will produce payment is the amount of US in such other currency which, when converted into Dollars which could have been purchased and transferred to New York, New York, in accordance with normal banking procedures will result in the amount of Judgment Currency stipulated then due under the respective Transaction Document in the judgment or judicial order at the Exchange Rate prevailing on the Judgment Conversion Date. (iii) Dollars. Any amount due from the Company under this provision respective judgment debtor shall be due as a separate debt and shall not be affected by or merged into any judgment being obtained for any other amounts sum due under or in respect of this Agreement or any other Transaction Document. In no event, however, shall the respective judgment debtor be required to pay a larger amount in such other currency, at the rate of exchange in effect on the date of payment than the amount of Dollars stated to be due under the respective Transaction Document, so that in any event the obligations of the respective judgment debtor under the Transaction Document will be effectively maintained as Dollar obligations.

Judgment Currency. (i) If for the purpose of obtaining or enforcing judgment against the Company in connection with this Agreement or any other Transaction Document in any court in any jurisdiction it becomes necessary to convert into any other currency (such other currency being hereinafter in this Section 9(p9(r) referred to as the “Judgment Currency”) an amount due in US Dollars under this Agreement, the conversion shall be made at the Exchange Rate prevailing on the Trading Day (as defined in the Warrants) immediately preceding: (1) the date actual payment of the amount due, in the case of any proceeding in the courts of New York or in the courts of any other jurisdiction that will give effect to such conversion being made on such date: or (2) the date on which the foreign court determines, in the case of any proceeding in the courts of any other jurisdiction (the date as of which such conversion is made pursuant to this Section 9(p)(i)(29(r)(i)(1) being hereinafter referred to as the “Judgment Conversion Date”). (ii) If in the case of any proceeding in the court of any jurisdiction referred to in Section 9(p)(i)(29(r)(i)(1) above, there is a change in the Exchange Rate prevailing between the Judgment Conversion Date and the date of actual payment of the amount due, the applicable party shall pay such adjusted amount as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the Exchange Rate prevailing on the date of payment, will produce the amount of US Dollars which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial order at the Exchange Rate prevailing on the Judgment Conversion Date. (iii) Any amount due from the Company under this provision shall be due as a separate debt and shall not be affected by judgment being obtained for any other amounts due under or in respect of this Agreement or any other Transaction Document.

Judgment Currency. (i) If for the purpose of obtaining or enforcing judgment against the Company in connection with this Agreement or any other Transaction Document in any court in any jurisdiction it becomes necessary to convert into any other currency (such other currency being hereinafter in this Section 9(p‎9(p) referred to as the “Judgment Currency”) an amount due in US Dollars under this Agreement, the conversion shall be made at the Exchange Rate prevailing on the Trading Day immediately preceding: (1) the date actual payment of the amount due, in the case of any proceeding in the courts of New York or in the courts of any other jurisdiction that will give effect to such conversion being made on such date: or (2) the date on which the foreign court determines, in the case of any proceeding in the courts of any other jurisdiction (the date as of which such conversion is made pursuant to this Section 9(p)(i)(2‎9(p)(i)(2) being hereinafter referred to as the “Judgment Conversion Date”). (ii) If in the case of any proceeding in the court of any jurisdiction referred to in Section 9(p)(i)(2‎9(p)(i)(2) above, there is a change in the Exchange Rate prevailing between the Judgment Conversion Date and the date of actual payment of the amount due, the applicable party shall pay such adjusted amount as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the Exchange Rate prevailing on the date of payment, will produce the amount of US Dollars which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial order at the Exchange Rate prevailing on the Judgment Conversion Date. (iii) Any amount due from the Company under this provision shall be due as a separate debt and shall not be affected by judgment being obtained for any other amounts due under or in respect of this Agreement or any other Transaction Document.

Judgment Currency. (ia) If If, for the purpose of obtaining or enforcing judgment against the Company in connection with this Agreement or any other Transaction Document Credit Party in any court in any jurisdiction jurisdiction, it becomes necessary to convert into any other currency (such other currency being hereinafter in this Section 9(p) 11.5 referred to as the “Judgment Currency”) an amount due under any Loan Document in US Dollars under this Agreementany currency (the “Obligation Currency”) other than the Judgment Currency, the conversion shall be made at the Exchange Rate rate of exchange prevailing on the Trading Business Day immediately preceding: (1) preceding the date of actual payment of the amount due, in the case of any proceeding in the courts of New York the Province of Ontario or in the courts of any other jurisdiction that will give effect to such conversion being made on such date: or (2) , or the date on which the foreign court determinesjudgment is given, in the case of any proceeding in the courts of any other jurisdiction (the applicable date as of which such conversion is made pursuant to this Section 9(p)(i)(2) 11.5 being hereinafter in this Section 11.5 referred to as the “Judgment Conversion Date”). (iib) If If, in the case of any proceeding in the court of any jurisdiction referred to in Section 9(p)(i)(2) above11.5(a), there is a change in the Exchange Rate rate of exchange prevailing between the Judgment Conversion Date and the date of actual payment receipt for value of the amount due, the applicable party Credit Party or Credit Parties shall pay such adjusted additional amount (if any, but in any event not a lesser amount) as may be necessary to ensure that the amount paid actually received in the Judgment Currency, when converted at the Exchange Rate rate of exchange prevailing on the date of payment, will produce the amount of US Dollars the Obligation Currency which could have been purchased with the amount of the Judgment Currency stipulated in the judgment or judicial order at the Exchange Rate rate of exchange prevailing on the Judgment Conversion Date. (iii) . Any amount due from the Company any Credit Party under this provision Section 11.5(b) shall be due as a separate debt and shall not be affected by judgment being obtained for any other amounts due under or in respect of this Agreement or any other Transaction Documentof the Loan Documents.

Judgment Currency. (i) If for the purpose of obtaining or enforcing judgment against the Company in connection with this Agreement or any other Transaction Document in any court in any jurisdiction it becomes necessary to convert into any other currency (such other currency being hereinafter in this Section 9(p) referred to as the “Judgment Currency”) an amount due in US U.S. Dollars under this AgreementAgreement or any other Transaction Document, the conversion shall be made at the Exchange Rate prevailing on the Trading Day immediately preceding: : (1) the date actual payment of the amount due, in the case of any proceeding in the courts of New York or in the courts of any other jurisdiction that will give effect to such conversion being made on such date: or date or (2) the date on which the foreign court determines, in the case of any proceeding in the courts of any other jurisdiction (the date as of which such conversion is made pursuant to this Section 9(p)(i)(29(p)(i) being hereinafter referred to as the “Judgment Conversion Date”). (ii) If in the case of any proceeding in the court of any jurisdiction referred to in Section 9(p)(i)(29(p)(i) above, there is a change in the Exchange Rate prevailing between the Judgment Conversion Date and the date of actual payment of the amount due, the applicable party shall pay such adjusted amount as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the Exchange Rate prevailing on the date of payment, will produce the amount of US U.S. Dollars which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial order at the Exchange Rate prevailing on the Judgment Conversion Date. (iii) Any amount due from the Company under this provision shall be due as a separate debt and shall not be affected by judgment being obtained for any other amounts due under or in respect of this Agreement or any other Transaction Document.

Judgment Currency. (ia) If If, for the purpose of obtaining or enforcing judgment against the Company in connection with this Agreement or any other Transaction Document Credit Party in any court in any jurisdiction jurisdiction, it becomes necessary to convert into any other currency (such other currency being hereinafter in this Section 9(p) 12.20 referred to as the “Judgment Currency”) an amount due under any Loan Document in US Dollars under this Agreement(the “Obligation Currency”), the conversion shall be made at the Exchange Rate rate of exchange prevailing on the Trading Business Day immediately preceding: preceding (1i) the date of actual payment of the amount due, in the case of any proceeding in the courts of New York or in the courts of any other jurisdiction that will give effect to such conversion being made on such earlier date: or , or (2ii) the date on which the foreign court determinesjudgment is given, in the case of any proceeding in the courts of any other jurisdiction (the applicable date as of which such conversion is made pursuant to this Section 9(p)(i)(2) 12.20 being hereinafter in this Section 12.20 referred to as the “Judgment Conversion Date”). (iib) If If, in the case of any proceeding in the court of any jurisdiction referred to in Section 9(p)(i)(2) above12.20(a), there is a change in the Exchange Rate rate of exchange prevailing between the Judgment Conversion Date and the date of actual payment receipt for value of the amount due, the applicable party Credit Party shall pay such adjusted additional amount (if any, but in any event not a lesser amount) as may be necessary to ensure that the amount paid actually received in the Judgment Currency, when converted at the Exchange Rate rate of exchange prevailing on the date of payment, will produce the amount of US Dollars the Obligation Currency which could have been purchased with the amount of the Judgment Currency stipulated in the judgment or judicial order at the Exchange Rate rate of exchange prevailing on the Judgment Conversion Date. (iii) . Any amount due from the Company a Credit Party under this provision Section 12.20(b) shall be due as a separate debt and shall not be affected by judgment being obtained for any other amounts due under or in respect of this Agreement or any other Transaction Documentof the Loan Documents.

Judgment Currency. (ia) If for the purpose of obtaining or enforcing judgment against the Company in connection with this Agreement or any other Transaction Document in any court in any jurisdiction it becomes necessary to convert into any other currency (such other currency being hereinafter in this Section 9(p) 27 referred to as the “Judgment Currency”) an amount due in US U.S. Dollars under this AgreementCertificate of Designations, the conversion shall be made at the Exchange Rate prevailing on the Trading Day immediately preceding: (1i) the date actual payment of the amount due, in the case of any proceeding in the courts of New York or in the courts of any other jurisdiction that will give effect to such conversion being made on such date: or (2ii) the date on which the foreign court determines, in the case of any proceeding in the courts of any other jurisdiction (the date as of which such conversion is made pursuant to this Section 9(p)(i)(227(a)(ii) being hereinafter referred to as the “Judgment Conversion Date”). (iib) If in the case of any proceeding in the court of any jurisdiction referred to in Section 9(p)(i)(227(a)(ii) above, there is a change in the Exchange Rate prevailing between the Judgment Conversion Date and the date of actual payment of the amount due, the applicable party shall pay such adjusted amount as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the Exchange Rate prevailing on the date of payment, will produce the amount of US Dollars dollars which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial order at the Exchange Rate prevailing on the Judgment Conversion Date. (iiic) Any amount due from the Company under this provision shall be due as a separate debt and shall not be affected by judgment being obtained for any other amounts due under or in respect of this Agreement or any other Transaction DocumentCertificate of Designations.

Judgment Currency. (ia) If for the purpose of obtaining or enforcing judgment against the Company in connection with this Agreement or any other Transaction Document in any court in any jurisdiction it becomes necessary to convert into any other currency (such other currency being hereinafter in this Section 9(p) 28 referred to as the “Judgment Currency”) an amount due in US Dollars United States dollars under this AgreementBond, the conversion shall be made at the Exchange Rate prevailing on the Trading Day business day immediately preceding: (1i) the date actual payment of the amount due, in the case of any proceeding in the courts of New York or in the courts of any other jurisdiction that will give effect to such conversion being made on such date: or (2ii) the date on which the foreign court determines, in the case of any proceeding in the courts of any other jurisdiction (the date as of which such conversion is made pursuant to this Section 9(p)(i)(228(a)(ii) being hereinafter referred to as the “Judgment Conversion Date”). (iib) If in the case of any proceeding in the court of any jurisdiction referred to in Section 9(p)(i)(228(a)(ii) above, there is a change in the Exchange Rate prevailing between the Judgment Conversion Date and the date of actual payment of the amount due, the applicable party shall pay such adjusted amount as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the Exchange Rate prevailing on the date of payment, will produce the amount of US Dollars United States dollars which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial order at the Exchange Rate prevailing on the Judgment Conversion Date. (iiic) Any amount due from the Company under this provision shall be due as a separate debt and shall not be affected by judgment being obtained for any other amounts due under or in respect of this Agreement or any other Transaction DocumentBond.

Judgment Currency. (i) If for the purpose of obtaining or enforcing judgment against the Company in connection with this Agreement or any other Transaction Document Guarantor in any court in any jurisdiction it becomes necessary to convert into any other currency (such other currency being hereinafter in this Section 9(p12(i) referred to as the “Judgment Currency”) an amount due in US U.S. Dollars under this AgreementGuaranty or any other Transaction Document, the conversion shall be made at the Exchange Rate prevailing on the Trading Day (as defined in the Securities Purchase Agreement) immediately preceding: : (1) the date actual payment of the amount due, in the case of any proceeding in the courts of New York or in the courts of any other jurisdiction that will give effect to such conversion being made on such date: or date or (2) the date on which the foreign court determines, in the case of any proceeding in the courts of any other jurisdiction (the date as of which such conversion is made pursuant to this Section 9(p)(i)(212(i)(i) being hereinafter referred to as the “Judgment Conversion Date”). (ii) If in the case of any proceeding in the court of any jurisdiction referred to in Section 9(p)(i)(212(i)(i) above, there is a change in the Exchange Rate prevailing between the Judgment Conversion Date and the date of actual payment of the amount due, the applicable party shall pay such adjusted amount as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the Exchange Rate prevailing on the date of payment, will produce the amount of US U.S. Dollars which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial order at the Exchange Rate prevailing on the Judgment Conversion Date. (iii) Any amount due from the Company any Guarantor under this provision shall be due as a separate debt and shall not be affected by judgment being obtained for any other amounts due under or in respect of this Agreement Guaranty or any other Transaction Document.

Judgment Currency. (ia) If If, for the purpose of obtaining or enforcing judgment against the Company in connection with this Agreement or any other Transaction Document Borrower in any court in any jurisdiction jurisdiction, it becomes necessary to convert into any other a particular currency (such other currency being hereinafter in this Section 9(p) 15.8 referred to as the “Judgment Currency”) an amount due in US Dollars another currency (such other currency being hereinafter in this Section 15.8 referred to as the “Indebtedness Currency”) under this Agreementagreement, the conversion shall be made at the Exchange Rate rate of exchange prevailing on the Trading Banking Day immediately preceding: (1i) the date of actual payment of the amount due, in the case of any proceeding in the courts of New York the Province of Ontario or in the courts of any other jurisdiction that will give effect to such conversion being made on such date: ; or (2ii) the date on which the foreign court determinesjudgment is given, in the case of any proceeding in the courts of any other jurisdiction (the date as of which such conversion is made pursuant to this Section 9(p)(i)(215.8(a)(ii) being hereinafter in this Section 15.8 referred to as the “Judgment Conversion Date”). (iib) If If, in the case of any proceeding in the court of any jurisdiction referred to in Section 9(p)(i)(2) above15.8(a)(ii), there is a change in the Exchange Rate rate of exchange prevailing between the Judgment Conversion Date and the date of actual payment of the amount due, the applicable party Borrower shall pay to the appropriate judgment creditor or creditors such adjusted additional amount (if any, but in any event not a lesser amount) as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the Exchange Rate rate of exchange prevailing on the date of payment, will produce the amount of US Dollars the Indebtedness Currency which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial order at the Exchange Rate rate of exchange prevailing on the Judgment Conversion Date. (iiic) Any amount due from the Company Borrower under this provision the provisions of Section 15.8(b) shall be due to the appropriate judgment creditor or creditors as a separate debt and shall not be affected by judgment being obtained for any other amounts due under or in respect of this Agreement or any other Transaction Documentagreement. (d) The term “rate of exchange” in this Section 15.8 means the noon spot rate of exchange for Canadian interbank transactions applied in converting the Indebtedness Currency into the Judgment Currency published by the Bank of Canada for the day in question.

Judgment Currency. (ia) If If, for the purpose of obtaining or enforcing judgment against the Company in connection with this Agreement or any other Transaction Document Obligor in any court in any jurisdiction jurisdiction, it becomes necessary to convert into any other a particular currency (such other currency being hereinafter in this Section 9(p) 15.8 referred to as the “Judgment Currency”) an amount due in US Dollars another currency (such other currency being hereinafter in this Section 15.8 referred to as the “Indebtedness Currency”) under this Agreementagreement, the conversion shall be made at the Exchange Rate rate of exchange prevailing on the Trading Banking Day immediately preceding: (1i) the date of actual payment of the amount due, in the case of any proceeding in the courts of New York the Province of Ontario or in the courts of any other jurisdiction that will give effect to such conversion being made on such date: ; or (2ii) the date on which the foreign court determinesjudgment is given, in the case of any proceeding in the courts of any other jurisdiction (the date as of which such conversion is made pursuant to this Section 9(p)(i)(215.8(a)(ii) being hereinafter in this Section 15.8 referred to as the “Judgment Conversion Date”). (iib) If If, in the case of any proceeding in the court of any jurisdiction referred to in Section 9(p)(i)(2) above15.8(a)(ii), there is a change in the Exchange Rate rate of exchange prevailing between the Judgment Conversion Date and the date of actual payment of the amount due, the applicable party Borrower shall pay to the appropriate judgment creditor or creditors such adjusted additional amount (if any, but in any event not a lesser amount) as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the Exchange Rate rate of exchange prevailing on the date of payment, will produce the amount of US Dollars the Indebtedness Currency which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial order at the Exchange Rate rate of exchange prevailing on the Judgment Conversion Date. (iiic) Any amount due from the Company Borrower under this provision the provisions of Section 15.8(b) shall be due to the appropriate judgment creditor or creditors as a separate debt and shall not be affected by judgment being obtained for any other amounts due under or in respect of this Agreement or any other Transaction Documentagreement.

Judgment Currency. (ia) If for the purpose of obtaining or enforcing judgment against the Company or any Guarantor in connection with this Agreement or any other Transaction Document in any court in any jurisdiction it becomes necessary to convert into any other currency (such other currency being hereinafter in this Section 9(p) 5.23 referred to as the “Judgment Currency”) an amount due in US Dollars under this Agreement, the conversion shall be made at the Exchange Rate prevailing on the Trading Day immediately preceding: (1i) the date actual payment of the amount due, in the case of any proceeding in the courts of New York or in the courts of any other jurisdiction that will give effect to such conversion being made on such date: or (2ii) the date on which the foreign court determines, in the case of any proceeding in the courts of any other jurisdiction (the date as of which such conversion is made pursuant to this Section 9(p)(i)(2) being hereinafter referred to as the “Judgment Conversion Date”). (iib) If in the case of any proceeding in the court of any jurisdiction referred to in Section 9(p)(i)(2) above5.23(a), there is a change in the Exchange Rate prevailing between the Judgment Conversion Date and the date of actual payment of the amount due, the applicable party shall pay such adjusted amount as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the Exchange Rate prevailing on the date of payment, will produce the amount of US Dollars which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial order at the Exchange Rate prevailing on the Judgment Conversion Date. (iiic) Any amount due from the Company under this provision shall be due as a separate debt and shall not be affected by judgment being obtained for any other amounts due under or in respect of this Agreement or any other Transaction Document.

Judgment Currency. (i) If for the purpose of obtaining or enforcing judgment against the Company in connection with this Agreement or any other Transaction Document in any court in any jurisdiction it becomes necessary to convert into any other currency (such other currency being hereinafter in this Section 9(p9(r) referred to as the “Judgment Currency”) an amount due in US U.S. Dollars under this AgreementAgreement or any other Transaction Document, the conversion shall be made at the Exchange Rate prevailing on the Trading Day immediately preceding: : (1) the date actual payment of the amount due, in the case of any proceeding in the courts of New York Illinois or in the courts of any other jurisdiction that will give effect to such conversion being made on such date: or date or (2) the date on which the foreign court determines, in the case of any proceeding in the courts of any other jurisdiction (the date as of which such conversion is made pursuant to this Section 9(p)(i)(29(r)(i) being hereinafter referred to as the “Judgment Conversion Date”). (ii) If in the case of any proceeding in the court of any jurisdiction referred to in Section 9(p)(i)(29(r)(i) above, there is a change in the Exchange Rate prevailing between the Judgment Conversion Date and the date of actual payment of the amount due, the applicable party shall pay such adjusted amount as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the Exchange Rate prevailing on the date of payment, will produce the amount of US U.S. Dollars which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial order at the Exchange Rate prevailing on the Judgment Conversion Date. (iii) Any amount due from the Company under this provision shall be due as a separate debt and shall not be affected by judgment being obtained for any other amounts due under or in respect of this Agreement or any other Transaction Document.

Judgment Currency. (i) If for the purpose of obtaining or enforcing judgment against the Company in connection with this Agreement or any other Transaction Document in any court in any jurisdiction it becomes necessary to convert into any other currency (such other currency being hereinafter in this Section 9(p9(r) referred to as the “Judgment Currency”) an amount due in US Dollars under this Agreement, the conversion shall be made at the Exchange Rate prevailing on the Trading Business Day immediately preceding: (1) the date of actual payment of the amount due, in the case of any proceeding in the courts of New York or in the courts of any other jurisdiction that will give effect to such conversion being made on such date: or (2) the date on which the foreign court determines, in the case of any proceeding in the courts of any other jurisdiction (the date as of which such conversion is made pursuant to this Section 9(p)(i)(2) being hereinafter referred to as the “Judgment Conversion Date”). (ii) If in the case of any proceeding in the court of any jurisdiction referred to in Section 9(p)(i)(29(r)(i)(2) above, there is a change in the Exchange Rate prevailing between the Judgment Conversion Date and the date of actual payment of the amount due, the applicable party shall pay such adjusted amount as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the Exchange Rate prevailing on the date of payment, will produce the amount of US Dollars which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial order at the Exchange Rate prevailing on the Judgment Conversion Date. (iii) Any amount due from the Company under this provision shall be due as a separate debt and shall not be affected by judgment being obtained for any other amounts due under or in respect of this Agreement or any other Transaction DocumentAgreement.

Judgment Currency. (ia) If If, for the purpose of obtaining or enforcing judgment against the Company in connection with this Agreement or any other Transaction Document Credit Party in any court in any jurisdiction jurisdiction, it becomes necessary to convert into any other currency (such other currency being hereinafter in this Section 9(p) 11.17 referred to as the “"Judgment Currency”") an amount due under any Loan Document in US Dollars under this Agreementany currency (the "Obligation Currency") other than the Judgment Currency, the conversion shall be made at the Exchange Rate rate of exchange prevailing on the Trading Business Day immediately preceding: (1) preceding the date of actual payment of the amount due, in the case of any proceeding in the courts of the State of New York or in the courts of any other jurisdiction that will give effect to such conversion being made on such date: or (2) , or the date on which the foreign court determinesjudgment is given, in the case of any proceeding in the courts of any other jurisdiction (the applicable date as of which such conversion is made pursuant to this Section 9(p)(i)(2) 11.17 being hereinafter in this Section 11.17 referred to as the “"Judgment Conversion Date”"). (iib) If If, in the case of any proceeding in the court of any jurisdiction referred to in Section 9(p)(i)(2) above11.17(a), there is a change in the Exchange Rate rate of exchange prevailing between the Judgment Conversion Date and the date of actual payment receipt for value of the amount due, the applicable party Credit Party or Parties shall pay such adjusted additional amount (if any, but in any event not a lesser amount) as may be necessary to ensure that the amount paid actually received in the Judgment Currency, when converted at the Exchange Rate rate of exchange prevailing on the date of payment, will produce the amount of US Dollars the Obligation Currency which could have been purchased with the amount of the Judgment Currency stipulated in the judgment or judicial order at the Exchange Rate rate of exchange prevailing on the Judgment Conversion Date. (iii) . Any amount due from the Company any Credit Party under this provision Section 11.17(b) shall be due as a separate debt and shall not be affected by judgment being obtained for any other amounts due under or in respect of any of the Loan Documents. (c) The term "rate of exchange" in this Section 11.17 means the rate of exchange at which Agent, on the relevant date at or about 12:00 noon (New York time), would be prepared to sell, in accordance with its or GE Corporate Financial Services Inc.'s normal course foreign currency exchange practices, the Obligation Currency against the Judgment Currency. (d) Unless otherwise specified, all references to dollar amounts in this Agreement or any other Transaction Documentshall mean US Dollars.

Judgment Currency. (i1) If for the purpose of obtaining or enforcing judgment against the Company in connection with this Agreement or any other Transaction Document Borrower in any court in any jurisdiction jurisdiction, it becomes necessary to convert into any other currency (such other currency being hereinafter in this Section 9(p) referred to as the “Judgment Currency”) an amount due in US Canadian Dollars or United States Dollars under this Agreement, the conversion shall be made at the Exchange Rate rate of exchange prevailing on the Trading Banking Day immediately preceding: (1a) the date of actual payment of the amount due, in the case of any proceeding in the courts of New York or in the courts of any other jurisdiction that will give effect to such conversion being made on such date: ; or (2b) the date on which the foreign court determinesjudgment is given, in the case of any proceeding in the courts of any other jurisdiction (the date as of which such conversion is made pursuant to this Section 9(p)(i)(2) being hereinafter in this Section referred to as the “Judgment Conversion Date”). (ii2) If If, in the case of any proceeding in the court of any jurisdiction referred to in Section 9(p)(i)(2) above12.3(1)(b), there is a change in the Exchange Rate rate of exchange prevailing between the Judgment Conversion Date and the date of actual payment of the amount due, the applicable party Borrower shall pay such adjusted additional amount (if any) as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the Exchange Rate rate of exchange prevailing on the date of payment, will produce the amount of US Canadian Dollars or United States Dollars, as the case may be, which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial order at the Exchange Rate rate of exchange prevailing on the Judgment Conversion Date. (iii3) Any amount due from the Company Borrower under this provision the provisions of Section 12.3(2) shall be due as a separate debt and shall not be affected by judgment being obtained for any other amounts due under or in respect of this Agreement or any other Transaction DocumentAgreement.

Judgment Currency. (i) If for the purpose of obtaining or enforcing judgment against the Company in connection with this Agreement or any other Transaction Document in any court in any jurisdiction it becomes necessary to convert into any other currency (such other currency being hereinafter in this Section 9(p) referred to as the “Judgment Currency”) an amount due in US U.S. Dollars under this Agreement, the conversion shall be made at the Exchange Rate prevailing on the Trading Day immediately preceding: (1A) the date actual payment of the amount due, in the case of any proceeding in the courts of New York or in the courts of any other jurisdiction that will give effect to such conversion being made on such date: ; or (2B) the date on which the foreign court determines, in the case of any proceeding in the courts of any other jurisdiction (the date as of which such conversion is made pursuant to this Section 9(p)(i)(29(p)(i)(B) being hereinafter referred to as the “Judgment Conversion Date”). (ii) If in the case of any proceeding in the court of any jurisdiction referred to in Section 9(p)(i)(29(p)(i)(B) above, there is a change in the Exchange Rate prevailing between the Judgment Conversion Date and the date of actual payment of the amount due, the applicable party shall pay such adjusted amount as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the Exchange Rate prevailing on the date of payment, will produce the amount of US U.S. Dollars which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial order at the Exchange Rate prevailing on the Judgment Conversion Date. (iii) Any amount due from the Company under this provision shall be due as a separate debt and shall not be affected by judgment being obtained for any other amounts due under or in respect of this Agreement or any other Transaction Document.

Judgment Currency. (i) If for the purpose of obtaining or enforcing judgment against the Company in connection with this Agreement or any other Transaction Document in any court in any jurisdiction it becomes necessary to convert into any other currency (such other currency being hereinafter in this Section 9(p9(n) referred to as the “Judgment Currency”) an amount due in US U.S. Dollars under this Agreement, the conversion shall be made at the Exchange Rate prevailing on the Trading Business Day immediately preceding: (1) the date actual payment of the amount due, in the case of any proceeding in the courts of New York or in the courts of any other jurisdiction that will give effect to such conversion being made on such date: or (2) the date on which the foreign court determines, in the case of any proceeding in the courts of any other jurisdiction (the date as of which such conversion is made pursuant to this Section 9(p)(i)(29(n)(i)(2) being hereinafter referred to as the “Judgment Conversion Date”). (ii) If in the case of any proceeding in the court of any jurisdiction referred to in Section 9(p)(i)(29(n)(i)(2) above, there is a change in the Exchange Rate prevailing between the Judgment Conversion Date and the date of actual payment of the amount due, the applicable party shall pay such adjusted amount as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the Exchange Rate prevailing on the date of payment, will produce the amount of US U.S. Dollars which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial order at the Exchange Rate prevailing on the Judgment Conversion Date. (iii) Any amount due from the Company under this provision shall be due as a separate debt and shall not be affected by judgment being obtained for any other amounts due under or in respect of this Agreement or any other Transaction DocumentAgreement.

Judgment Currency. (i) If for the purpose of obtaining or enforcing judgment against the Company in connection with this Agreement or any other Transaction Document in any court in any jurisdiction it becomes necessary to convert into any other currency (such other currency being hereinafter in this Section 9(p8(p) referred to as the “Judgment Currency”) an amount due in US Dollars under this Agreement, the conversion shall be made at the Exchange Rate prevailing on the Trading Day immediately preceding: (1A) the date actual payment of the amount due, in the case of any proceeding in the courts of New York or in the courts of any other jurisdiction that will give effect to such conversion being made on such date: or (2B) the date on which the foreign court determines, in the case of any proceeding in the courts of any other jurisdiction (the date as of which such conversion is made pursuant to this Section 9(p)(i)(28(p)(i)(B) being hereinafter referred to as the “Judgment Conversion Date”). (ii) If in the case of any proceeding in the court of any jurisdiction referred to in Section 9(p)(i)(28(p)(i)(B) above, there is a change in the Exchange Rate prevailing between the Judgment Conversion Date and the date of actual payment of the amount due, the applicable party shall pay such adjusted amount as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the Exchange Rate prevailing on the date of payment, will produce the amount of US U.S. Dollars which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial order at the Exchange Rate prevailing on the Judgment Conversion Date. (iii) Any amount due from the Company under this provision shall be due as a separate debt and shall not be affected by judgment being obtained for any other amounts due under or in respect of this Agreement or any other Transaction Document.

Judgment Currency. (ia) If If, for the purpose of obtaining or enforcing judgment against the Company in connection with this Agreement or any other Transaction Document Credit Party in any court in any jurisdiction jurisdiction, it becomes necessary to convert into any other currency (such other currency being hereinafter in this Section 9(p) 12.20 referred to as the “Judgment Currency”) an amount due under any Loan Document in US Dollars under this Agreementany currency (the “Obligation Currency”) other than the Judgment Currency, the conversion shall be made at the Exchange Rate rate of exchange prevailing on the Trading Business Day immediately preceding: preceding (1i) the date of actual payment of the amount due, in the case of any proceeding in the courts of New York or in the courts of any other jurisdiction that will give effect to such conversion being made on such earlier date: or , or (2ii) the date on which the foreign court determinesjudgment is given, in the case of any proceeding in the courts of any other jurisdiction (the applicable date as of which such conversion is made pursuant to this Section 9(p)(i)(2) 12.20 being hereinafter in this Section 12.20 referred to as the “Judgment Conversion Date”). (iib) If If, in the case of any proceeding in the court of any jurisdiction referred to in Section 9(p)(i)(2) above12.20(a), there is a change in the Exchange Rate rate of exchange prevailing between the Judgment Conversion Date and the date of actual payment receipt for value of the amount due, the applicable party Credit Party shall pay such adjusted additional amount (if any, but in any event not a lesser amount) as may be necessary to ensure that the amount paid actually received in the Judgment Currency, when converted at the Exchange Rate rate of exchange prevailing on the date of payment, will produce the amount of US Dollars the Obligation Currency which could have been purchased with the amount of the Judgment Currency stipulated in the judgment or judicial order at the Exchange Rate rate of exchange prevailing on the Judgment Conversion Date. (iii) . Any amount due from the Company a Credit Party under this provision Section 12.20(b) shall be due as a separate debt and shall not be affected by judgment being obtained for any other amounts due under or in respect of any of the Loan Documents. (c) The term “rate of exchange” in this Agreement Section 12.20 means the rate of exchange at which Agent would, on the relevant date at or any other Transaction Documentabout 1:00 p.m. (New York time), be prepared to sell the Obligation Currency against the Judgment Currency.

Judgment Currency. (ia) If If, for the purpose of obtaining or enforcing judgment against the Company in connection with this Agreement or any other Transaction Document Borrower in any court in any jurisdiction jurisdiction, it becomes necessary to convert into any other a particular currency (such other currency being hereinafter in this Section 9(p) 16.8 referred to as the “Judgment Currency”) an amount due in US Dollars another currency (such other currency being hereinafter in this Section 16.8 referred to as the “Indebtedness Currency”) under this Agreementagreement, the conversion shall be made at the Exchange Rate rate of exchange prevailing on the Trading Banking Day immediately preceding: (1i) the date of actual payment of the amount due, in the case of any proceeding in the courts of New York or in the courts of any other a jurisdiction that will give effect to such conversion being made on such date: ; or (2ii) the date on which the foreign court determinesjudgment is given, in the case of any proceeding in the courts of any other jurisdiction (the date as of which such conversion is made pursuant to this Section 9(p)(i)(216.8(a)(ii) being hereinafter in this Section 16.8 referred to as the “Judgment Conversion Date”). (iib) If If, in the case of any proceeding in the court of any jurisdiction referred to in Section 9(p)(i)(2) above16.8(a)(ii), there is a change in the Exchange Rate rate of exchange prevailing between the Judgment Conversion Date and the date of actual payment of the amount due, the applicable party Borrower shall pay to the appropriate judgment creditor or creditors such adjusted additional amount (if any, but in any event not a lesser amount) as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the Exchange Rate rate of exchange prevailing on the date of payment, will produce the amount of US Dollars the Indebtedness Currency which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial order at the Exchange Rate rate of exchange prevailing on the Judgment Conversion Date. (iiic) Any amount due from the Company Borrower under this provision the provisions of Section 16.8(b) shall be due to the appropriate judgment creditor or creditors as a separate debt and shall not be affected by judgment being obtained for any other amounts due under or in respect of this Agreement or any other Transaction Documentagreement.

Judgment Currency. (i) If for the purpose of obtaining or enforcing judgment against the Company in connection with this Agreement or any other Transaction Document the Shareholder in any court in any jurisdiction it becomes necessary to convert into any other currency (such other currency being hereinafter in this Section 9(p15(r) referred to as the “"Judgment Currency”") an amount due in US Dollars under this Agreement, the conversion shall be made at the Currency Exchange Rate prevailing on the Trading Business Day immediately preceding: (1) the date of actual payment of the amount due, in the case of any proceeding in the courts of New York or in the courts of any other jurisdiction that will give effect to such conversion being made on such date: or (2) the date on which the foreign court determines, in the case of any proceeding in the courts of any other jurisdiction (the date as of which such conversion is made pursuant to this Section 9(p)(i)(2) being hereinafter referred to as the “"Judgment Conversion Date”"). (ii) If in the case of any proceeding in the court of any jurisdiction referred to in Section 9(p)(i)(215(r)(i)(2) above, there is a change in the Currency Exchange Rate prevailing between the Judgment Conversion Date and the date of actual payment of the amount due, the applicable party shall pay such adjusted amount as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the Currency Exchange Rate prevailing on the date of payment, will produce the amount of US Dollars which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial order at the Currency Exchange Rate prevailing on the Judgment Conversion Date. (iii) Any amount due from the Company or the Shareholder under this provision shall be due as a separate debt and shall not be affected by judgment being obtained for any other amounts due under or in respect of this Agreement or any other Transaction DocumentAgreement.

Judgment Currency. (ia) If for the purpose of obtaining or enforcing judgment against the Company in connection with this Agreement or any other Transaction Document in any court in any jurisdiction it becomes necessary to convert into any other currency (such other currency being hereinafter in this Section 9(p) 29 referred to as the “Judgment Currency”) an amount due in US Dollars U.S. dollars under this AgreementNote, the conversion shall be made at the Exchange Rate prevailing on the Trading Day immediately preceding: (1i) the date actual payment of the amount due, in the case of any proceeding in the courts of New York or in the courts of any other jurisdiction that will give effect to such conversion being made on such date: or (2ii) the date on which the foreign court determines, in the case of any proceeding in the courts of any other jurisdiction (the date as of which such conversion is made pursuant to this Section 9(p)(i)(229(a)(ii) being hereinafter referred to as the “Judgment Conversion Date”). (iib) If in the case of any proceeding in the court of any jurisdiction referred to in Section 9(p)(i)(229(a)(ii) above, there is a change in the Exchange Rate prevailing between the Judgment Conversion Date and the date of actual payment of the amount due, the applicable party shall pay such adjusted amount as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the Exchange Rate prevailing on the date of payment, will produce the amount of US Dollars dollars which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial order at the Exchange Rate prevailing on the Judgment Conversion Date. (iiic) Any amount due from the Company under this provision shall be due as a separate debt and shall not be affected by judgment being obtained for any other amounts due under or in respect of this Agreement or any other Transaction DocumentNote.

Judgment Currency. (ia) If for the purpose of obtaining or enforcing judgment against the Company in connection with this Agreement or any other Transaction Document in any court in any jurisdiction it becomes necessary to convert into any other currency (such other currency being hereinafter in this Section 9(p) 5.21 referred to as the “Judgment Currency”) an amount due in US U.S. Dollars under this AgreementAgreement or any other Transaction Document, the conversion shall be made at the Exchange Rate prevailing on the Trading Day immediately preceding: : (1A) the date actual payment of the amount due, in the case of any proceeding in the courts of New York or in the courts of any other jurisdiction that will give effect to such conversion being made on such date: or date or (2B) the date on which the foreign court determines, in the case of any proceeding in the courts of any other jurisdiction (the date as of which such conversion is made pursuant to this Section 9(p)(i)(2) 5.22 being hereinafter referred to as the “Judgment Conversion Date”). (iib) If in the case of any proceeding in the court of any jurisdiction referred to in Section 9(p)(i)(25.22(a) above, there is a change in the Exchange Rate prevailing between the Judgment Conversion Date and the date of actual payment of the amount due, the applicable party shall pay such adjusted amount as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the Exchange Rate prevailing on the date of payment, will produce the amount of US U.S. Dollars which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial order at the Exchange Rate prevailing on the Judgment Conversion Date. (iiic) Any amount due from the Company under this provision shall be due as a separate debt and shall not be affected by judgment being obtained for any other amounts due under or in respect of this Agreement or any other Transaction Document.

Judgment Currency. (i) If for the purpose of obtaining or enforcing judgment against the Company in connection with this Agreement or any other Transaction Document in any court in any jurisdiction it becomes necessary to convert into any other currency (such other currency being hereinafter in this Section 9(p) referred to as the “Judgment Currency”) an amount due in US U.S. Dollars under this Agreement, the conversion shall be made at the Exchange Rate prevailing on the Trading Business Day immediately preceding: (1) the date actual payment of the amount due, in the case of any proceeding in the courts of New York or in the courts of any other jurisdiction that will give effect to such conversion being made on such date: ; or (2) the date on which the foreign court determines, in the case of any proceeding in the courts of any other jurisdiction (the date as of which such conversion is made pursuant to this Section 9(p)(i)(2) being hereinafter referred to as the “Judgment Conversion Date”). (ii) If in the case of any proceeding in the court of any jurisdiction referred to in Section 9(p)(i)(2) above), there is a change in the Exchange Rate prevailing between the Judgment Conversion Date and the date of actual payment of the amount due, the applicable party shall pay such adjusted amount as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the Exchange Rate prevailing on the date of payment, will produce the amount of US U.S. Dollars which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial order at the Exchange Rate prevailing on the Judgment Conversion Date. (iii) Any amount due from the Company under this provision shall be due as a separate debt and shall not be affected by judgment being obtained for any other amounts due under or in respect of this Agreement or any other Transaction Document.

Judgment Currency. (i) If for the purpose of obtaining or enforcing judgment against the Company in connection with this Agreement or any other Transaction Document in any court in any jurisdiction it becomes necessary to convert into any other currency (such other currency being hereinafter in this Section 9(p9(r) referred to as the “"Judgment Currency”") an amount due in US Dollars under this Agreement, the conversion shall be made at the Exchange Rate prevailing on the Trading Business Day immediately preceding: (1) the date of actual payment of the amount due, in the case of any proceeding in the courts of New York or in the courts of any other jurisdiction that will give effect to such conversion being made on such date: or (2) the date on which the foreign court determines, in the case of any proceeding in the courts of any other jurisdiction (the date as of which such conversion is made pursuant to this Section 9(p)(i)(2) being hereinafter referred to as the “"Judgment Conversion Date”"). (ii) If in the case of any proceeding in the court of any jurisdiction referred to in Section 9(p)(i)(29(r)(i)(2) above, there is a change in the Exchange Rate prevailing between the Judgment Conversion Date and the date of actual payment of the amount due, the applicable party shall pay such adjusted amount as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the Exchange Rate prevailing on the date of payment, will produce the amount of US Dollars which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial order at the Exchange Rate prevailing on the Judgment Conversion Date. (iii) Any amount due from the Company under this provision shall be due as a separate debt and shall not be affected by judgment being obtained for any other amounts due under or in respect of this Agreement or any other Transaction DocumentAgreement.

Judgment Currency. (i) a. If for the purpose of obtaining or enforcing judgment against the Company in connection with this Agreement or any other Transaction Document in any court in any jurisdiction it becomes necessary to convert into any other currency (such other currency being hereinafter in this Section 9(p) referred to as the “Judgment Currency”) an amount due in US Dollars under this Agreement, the conversion shall be made at the Exchange Rate prevailing on the Trading Day immediately preceding: (1) i. the date actual payment of the amount due, in the case of any proceeding in the courts of New York or in the courts of any other jurisdiction that will give effect to such conversion being made on such date: or (2) ii. the date on which the foreign court determines, in the case of any proceeding in the courts of any other jurisdiction (the date as of which such conversion is made pursuant to this Section 9(p)(i)(2) being hereinafter referred to as the “Judgment Conversion Date”). (ii) b. If in the case of any proceeding in the court of any jurisdiction referred to in Section 9(p)(i)(2) above, there is a change in the Exchange Rate prevailing between the Judgment Conversion Date and the date of actual payment of the amount due, the applicable party shall pay such adjusted amount as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the Exchange Rate prevailing on the date of payment, will produce the amount of US Dollars which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial order at the Exchange Rate prevailing on the Judgment Conversion Date. (iii) c. Any amount due from the Company under this provision shall be due as a separate debt and shall not be affected by judgment being obtained for any other amounts due under or in respect of this Agreement or any other Transaction Document.

Judgment Currency. (i) If for the purpose of obtaining or enforcing judgment against the Company in connection with this Agreement or any other Transaction Document in any court in any jurisdiction it becomes necessary to convert into any other currency (such other currency being hereinafter in this Section 9(p9(r) referred to as the “Judgment Currency”) an amount due in US U.S. Dollars under this AgreementAgreement or any other Transaction Document, the conversion shall be made at the Exchange Rate prevailing on the Trading Day immediately preceding: : (1) the date of actual payment of the amount due, in the case of any proceeding in the courts of New York or in the courts of any other jurisdiction that will give effect to such conversion being made on such date: or date or (2) the date on which the foreign court determines, in the case of any proceeding in the courts of any other jurisdiction (the date as of which such conversion is made pursuant to this Section 9(p)(i)(29(r)(i) being hereinafter referred to as the “Judgment Conversion Date”). (ii) If in the case of any proceeding in the court of any jurisdiction referred to in Section 9(p)(i)(29(r)(i) above, there is a change in the Exchange Rate prevailing between the Judgment Conversion Date and the date of actual payment of the amount due, the applicable party shall pay such adjusted amount as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the Exchange Rate prevailing on the date of payment, will produce the amount of US U.S. Dollars which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial order at the Exchange Rate prevailing on the Judgment Conversion Date. (iii) Any amount due from the Company under this provision shall be due as a separate debt and shall not be affected by judgment being obtained for any other amounts due under or in respect of this Agreement or any other Transaction Document.

Judgment Currency. (i1) If for the purpose of obtaining or enforcing judgment against the Company in connection with this Agreement or any other Transaction Document a Credit Party in any court in any jurisdiction jurisdiction, it becomes necessary to convert into any other currency Approved Currency (such other currency Approved Currency being hereinafter in this Section 9(p) 12.04 referred to as the “Judgment Currency”) an amount due in US Canadian Dollars under this AgreementAgreement or any other Loan Document, the conversion shall will be made at the Exchange Spot Rate prevailing on the Trading Business Day immediately preceding: (1a) the date of actual payment of the amount due, in the case of any proceeding in the courts of New York or in the courts of any other jurisdiction that will give effect to such conversion being made on such date: , or (2b) the date on which the foreign court determinesjudgment is given, in the case of any proceeding in the courts of any other jurisdiction (the date as of which such conversion is made pursuant to this Section 9(p)(i)(212.04(1)(b) being hereinafter in this Section 12.04 referred to as the “Judgment Conversion Date”). (ii2) If If, in the case of any proceeding in the court of any jurisdiction referred to in Section 9(p)(i)(2) above12.04(1)(b), there is a change in the Exchange Spot Rate prevailing between the Judgment Conversion Date and the date of actual payment of the amount due, the applicable party shall Borrower will pay such adjusted additional amount (if any, but in any event not a lesser amount) as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the Exchange Spot Rate prevailing on the date of payment, will produce the amount of US Canadian Dollars which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial order at the Exchange Spot Rate of exchange prevailing on the Judgment Conversion Date. (iii3) Any amount due from a Credit Party under the Company under this provision shall provisions of Section 12.04(2) will be due as a separate debt and shall will not be affected by judgment being obtained for any other amounts due under or in respect of this Agreement or any other Transaction Loan Document.

Judgment Currency. (i) If for the purpose of obtaining or enforcing judgment against the Company in connection with this Agreement or any other Transaction Document in any court in any jurisdiction it becomes necessary to convert into any other currency (such other currency being hereinafter in this Section 9(p9.(p) referred to as the “Judgment Currency”) an amount due in US Dollars under this Agreement, the conversion shall be made at the Exchange Rate prevailing on the Trading Business Day immediately preceding: (1) the date actual payment of the amount due, in the case of any proceeding in the courts of New York or in the courts of any other jurisdiction that will give effect to such conversion being made on such date: or (2) the date on which the foreign court determines, in the case of any proceeding in the courts of any other jurisdiction (the date as of which such conversion is made pursuant to this Section 9(p)(i)(29.(p)(i)(1) being hereinafter referred to as the “Judgment Conversion Date”). (ii) If in the case of any proceeding in the court of any jurisdiction referred to in Section 9(p)(i)(29.(p)(i)(1) above, there is a change in the Exchange Rate prevailing between the Judgment Conversion Date and the date of actual payment of the amount due, the applicable party shall pay such adjusted amount as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the Exchange Rate prevailing on the date of payment, will produce the amount of US Dollars which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial order at the Exchange Rate prevailing on the Judgment Conversion Date. (iii) Any amount due from the Company under this provision shall be due as a separate debt and shall not be affected by judgment being obtained for any other amounts due under or in respect of this Agreement or any other Transaction Document.

Judgment Currency. (ia) If If, for the purpose of obtaining or enforcing judgment against the Company in connection with any non-U.S. party to this Agreement or any other Transaction Document Indenture in any court in any jurisdiction jurisdiction, it becomes necessary to convert into any other currency (such other currency being hereinafter in this Section 9(p) 13.13 referred to as the “Judgment Currency”) an amount due hereunder in US Dollars under this Agreementany currency (the “Obligation Currency”) other than the Judgment Currency, the conversion shall be made at the Exchange Rate rate of exchange prevailing on the Trading Business Day immediately preceding: (1) preceding the date of actual payment of the amount due, in the case of any proceeding in the courts of New York or in the courts of any other jurisdiction that will give effect to such conversion being made on such date: or (2) , or the date on which the foreign court determinesjudgment is given, in the case of any proceeding in the courts of any other jurisdiction (the applicable date as of which such conversion is made pursuant to this Section 9(p)(i)(2) 13.13 being hereinafter in this Section 13.13 referred to as the “Judgment Conversion Date”). (iib) If If, in the case of any proceeding in the court of any jurisdiction referred to in Section 9(p)(i)(213.13(a) above, there is a change in the Exchange Rate rate of exchange prevailing between the Judgment Conversion Date and the date of actual payment receipt for value of the amount due, the each applicable non-U.S. party shall pay such adjusted additional amount (if any, but in any event not a lesser amount) as may be necessary to ensure that the amount paid actually received in the Judgment Currency, when converted at the Exchange Rate rate of exchange prevailing on the date of payment, will produce the amount of US Dollars the Obligation Currency which could have been purchased with the amount of the Judgment Currency stipulated in the judgment or judicial order at the Exchange Rate rate of exchange prevailing on the Judgment Conversion Date. (iii) . Any amount due from the Company any non-U.S. party under this provision Section 13.13(b) shall be due as a separate debt and shall not be affected by judgment being obtained for any other amounts due under or in respect of the Indenture. (c) The term “rate of exchange” in this Agreement or any other Transaction DocumentSection 13.13(c) means the 10 a.m. (New York City time) spot rate as posted by the Federal Reserve Bank of New York for sales of the Obligation Currency against the Judgment Currency.

Judgment Currency. (i) If for the purpose of obtaining or enforcing judgment against the Company or any Subsidiary in connection with this Agreement or any other Transaction Document in any court in any jurisdiction it becomes necessary to convert into any other currency (such other currency being hereinafter in this Section 9(p) referred to as the “Judgment Currency”) an amount due in US Dollars under this Agreement, the conversion shall be made at the Exchange Rate prevailing on the Trading Day immediately preceding: (1) the date actual payment of the amount due, in the case of any proceeding in the courts of New York or in the courts of any other jurisdiction that will give effect to such conversion being made on such date: or (2) the date on which the foreign court determines, in the case of any proceeding in the courts of any other jurisdiction (the date as of which such conversion is made pursuant to this Section 9(p)(i)(2) being hereinafter referred to as the “Judgment Conversion Date”). (ii) If in the case of any proceeding in the court of any jurisdiction referred to in Section 9(p)(i)(2) above, there is a change in the Exchange Rate prevailing between the Judgment Conversion Date and the date of actual payment of the amount due, the applicable party shall pay such adjusted amount as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the Exchange Rate prevailing on the date of payment, will produce the amount of US Dollars which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial order at the Exchange Rate prevailing on the Judgment Conversion Date. (iii) Any amount due from the Company or any Subsidiary (as the case may be) under this provision shall be due as a separate debt and shall not be affected by judgment being obtained for any other amounts due under or in respect of this Agreement or any other Transaction Document.

Judgment Currency. (ia) If for the purpose of obtaining or enforcing judgment against the Company in connection with this Agreement or any other Transaction Document in any court in any jurisdiction it becomes necessary to convert into any other currency (such other currency being hereinafter in this Section 9(p) 30 referred to as the “Judgment Currency”) an amount due in US Dollars U.S. dollars under this AgreementNote, the conversion shall be made at the Exchange Rate prevailing on the Trading Day immediately preceding: (1i) the date actual payment of the amount due, in the case of any proceeding in the courts of New York or in the courts of any other jurisdiction that will give effect to such conversion being made on such date: or (2ii) the date on which the foreign court determines, in the case of any proceeding in the courts of any other jurisdiction (the date as of which such conversion is made pursuant to this Section 9(p)(i)(230(a)(ii) being hereinafter referred to as the “Judgment Conversion Date”). (iib) If in the case of any proceeding in the court of any jurisdiction referred to in Section 9(p)(i)(230(a)(ii) above, there is a change in the Exchange Rate prevailing between the Judgment Conversion Date and the date of actual payment of the amount due, the applicable party shall pay such adjusted amount as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the Exchange Rate prevailing on the date of payment, will produce the amount of US Dollars dollars which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial order at the Exchange Rate prevailing on the Judgment Conversion Date. (iiic) Any amount due from the Company under this provision shall be due as a separate debt and shall not be affected by judgment being obtained for any other amounts due under or in respect of this Agreement or any other Transaction DocumentNote.

Judgment Currency. (i) If If, for the purpose of obtaining or enforcing judgment against the Company in connection with this Agreement or any other Transaction Document Companies in any court in any jurisdiction jurisdiction, it becomes necessary to convert into any other currency (such other currency being hereinafter in this Section 9(p) section referred to as the “"Judgment Currency”") an amount due in US Dollars under this AgreementSecurity Agreement in any currency (the "Obligation Currency") other than the Judgment Currency, the conversion shall be made at the Exchange Rate rate of exchange prevailing on the Trading Day business day immediately preceding: preceding (1a) the date of actual payment of the amount due, in the case of any proceeding in the courts of New York or in the courts of any other jurisdiction that will give effect to such conversion being made on such date: or , or (2b) the date on which the foreign court determines, in the case of any proceeding in the courts of any other jurisdiction (the applicable date as of which such conversion is made pursuant to this Section 9(p)(i)(2) section being hereinafter in this section referred to as the “"Judgment Conversion Date”"). (ii) If . If, in the case of any proceeding in the court of any jurisdiction referred to in Section 9(p)(i)(2) abovethe preceding paragraph, there is a change in the Exchange Rate rate of exchange prevailing between the Judgment Conversion Date and the date of actual payment receipt of the amount duedue in immediately available funds, the applicable party Companies shall jointly and severally pay such adjusted additional amount (if any, but in any event not a lesser amount) as may be necessary to ensure that the amount paid actually received in the Judgment Currency, when converted at the Exchange Rate rate of exchange prevailing on the date of payment, will produce the amount of US Dollars the Obligation Currency which could have been purchased with the amount of the Judgment Currency stipulated in the judgment or judicial order at the Exchange Rate rate of exchange prevailing on the Judgment Conversion Date. (iii) . Any amount due from the Company Companies under this provision section shall be due as a separate debt and shall not be affected by judgment being obtained for any other amounts due under or in respect of this Agreement or any other Transaction DocumentSecurity Agreement.

Judgment Currency. (ia) If for the purpose of obtaining or enforcing judgment against the Company in connection with this Agreement or any other Transaction Document in any court in any jurisdiction it becomes necessary to convert into any other currency (such other currency being hereinafter in this Section 9(p) 14 referred to as the “Judgment Currency”) an amount due in US U.S. Dollars under this AgreementWarrant, the conversion shall be made at the Exchange Rate prevailing on the Trading Day immediately preceding: (1i) the date actual payment of the amount due, in the case of any proceeding in the courts of New York or in the courts of any other jurisdiction that will give effect to such conversion being made on such date: or (2ii) the date on which the foreign court determines, in the case of any proceeding in the courts of any other jurisdiction (the date as of which such conversion is made pursuant to this Section 9(p)(i)(2) 14 being hereinafter referred to as the “Judgment Conversion Date”). (iib) If in the case of any proceeding in the court of any jurisdiction referred to in Section 9(p)(i)(214(a)(ii) above, there is a change in the Exchange Rate prevailing between the Judgment Conversion Date and the date of actual payment of the amount due, the applicable party shall pay such adjusted amount as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the Exchange Rate prevailing on the date of payment, will produce the amount of US U.S. Dollars which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial order at the Exchange Rate prevailing on the Judgment Conversion Date. (iiic) Any amount due from the Company under this provision shall be due as a separate debt and shall not be affected by judgment being obtained for any other amounts due under or in respect of this Agreement or any other Transaction DocumentWarrant.

Judgment Currency. (ia) If If, for the purpose of obtaining or enforcing judgment against the Company in connection with this Agreement or any other Transaction Document Borrower in any court in any jurisdiction jurisdiction, it becomes necessary to convert into any other a particular currency (such other currency being hereinafter in this Section 9(p) 18.13 referred to as the “Judgment Currency”) an amount due in US Dollars another currency (such other currency being hereinafter in this Section 18.13 referred to as the “Indebtedness Currency”) under this Agreement, the conversion shall be made at the Exchange Rate rate of exchange prevailing on the Trading Banking Day immediately preceding: (1i) the date of actual payment of the amount due, in the case of any proceeding in the courts of New York or in the courts of any other a jurisdiction that will give effect to such conversion being made on such date: ; or (2ii) the date on which the foreign court determinesjudgment is given, in the case of any proceeding in the courts of any other jurisdiction (the date as of which such conversion is made pursuant to this Section 9(p)(i)(218.13(a)(ii) being hereinafter in this Section 18.13 referred to as the “Judgment Conversion Date”). (iib) If If, in the case of any proceeding in the court of any jurisdiction referred to in Section 9(p)(i)(2) above18.13(a)(ii), there is a change in the Exchange Rate rate of exchange prevailing between the Judgment Conversion Date and the date of actual payment of the amount due, the applicable party Borrower shall pay to the appropriate judgment creditor or creditors such adjusted additional amount (if any, but in any event not a lesser amount) as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the Exchange Rate rate of exchange prevailing on the date of payment, will produce the amount of US Dollars the Indebtedness Currency which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial order at the Exchange Rate rate of exchange prevailing on the Judgment Conversion Date. (iiic) Any amount due from the Company Borrower under this provision the provisions of Section 18.13(b) shall be due to the appropriate judgment creditor or creditors as a separate debt and shall not be affected by judgment being obtained for any other amounts due under or in respect of this Agreement or any other Transaction DocumentAgreement.

Judgment Currency. (ia) If for the purpose of obtaining or enforcing judgment against the Company in connection with this Agreement or any other Transaction Document in any court in any jurisdiction it becomes necessary to convert into any other currency (such other currency being hereinafter in this Section 9(p) 13 referred to as the “Judgment Currency”) an amount due in US U.S. Dollars under this AgreementAgreement or any other Transaction Document, the conversion shall be made at the Exchange Rate prevailing on the Trading Day immediately preceding: : (1A) the date actual payment of the amount due, in the case of any proceeding in the courts of New York or in the courts of any other jurisdiction that will give effect to such conversion being made on such date: or date or (2B) the date on which the foreign court determines, in the case of any proceeding in the courts of any other jurisdiction (the date as of which such conversion is made pursuant to this Section 9(p)(i)(2) 13 being hereinafter referred to as the “Judgment Conversion Date”). (iib) If in the case of any proceeding in the court of any jurisdiction referred to in Section 9(p)(i)(213(a) above, there is a change in the Exchange Rate prevailing between the Judgment Conversion Date and the date of actual payment of the amount due, the applicable party shall pay such adjusted amount as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the Exchange Rate prevailing on the date of payment, will produce the amount of US U.S. Dollars which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial order at the Exchange Rate prevailing on the Judgment Conversion Date. (iiic) Any amount due from the Company under this provision shall be due as a separate debt and shall not be affected by judgment being obtained for any other amounts due under or in respect of this Agreement or any other Transaction Document.

Judgment Currency. (ia) If for the purpose of obtaining or enforcing judgment against the Company in connection with this Agreement or any other Transaction Document Borrower in any court in any jurisdiction it becomes necessary to convert into any other currency (such other currency being hereinafter in this Section 9(p) 5.9 referred to as the “"Judgment Currency”") an amount due in US Dollars dollars under this AgreementNote, the conversion shall be made at the Exchange Rate prevailing on the Trading Day business day immediately preceding: (1i) the date actual payment of the amount due, in the case of any proceeding in the courts of New York or in the courts of any other jurisdiction that will give effect to such conversion being made on such date: or (2ii) the date on which the foreign court determines, in the case of any proceeding in the courts of any other jurisdiction (the date as of which such conversion is made pursuant to this Section 9(p)(i)(25.9(a)(ii) being hereinafter referred to as the “"Judgment Conversion Date”"). (iib) If in the case of any proceeding in the court of any jurisdiction referred to in Section 9(p)(i)(25.9(a)(a)(ii) above, there is a change in the Exchange Rate prevailing between the Judgment Conversion Date and the date of actual payment of the amount due, the applicable party shall pay such adjusted amount as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the Exchange Rate prevailing on the date of payment, will produce the amount of US Dollars dollars which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial order at the Exchange Rate prevailing on the Judgment Conversion Date. (iiic) Any amount due from the Company Borrower under this provision shall be due as a separate debt and shall not be affected by judgment being obtained for any other amounts due under or in respect of this Agreement or any other Transaction DocumentNote.

Judgment Currency. (i) If If, for the purpose of obtaining or enforcing judgment against the Company in connection with this Agreement or any other Transaction Document Party in any court in any jurisdiction with respect to this Agreement it becomes necessary to convert into any other currency (such other currency being hereinafter in this Section 9(p) referred to as the “Judgment Currency”) to an amount due in US Dollars under this AgreementUnited States dollars, the conversion shall be made at the Exchange Rate prevailing last exchange rate published in the Wall Street Journal on the Trading Business Day immediately preceding: preceding (1) the “Exchange Rate”): the date actual payment of the amount is due, in the case of any proceeding in the courts of New York Delaware or in the courts of any other jurisdiction that will give effect to such conversion payment being made due on such date: or (2) ; or the date on which the foreign French or any other non U.S. court determines, in the case of any proceeding in the courts of any other jurisdiction (the date as of which such conversion payment is made pursuant to this Section 9(p)(i)(2) being hereinafter referred to as the “"Judgment Conversion Payment Date”"). (ii) . If in the case of any proceeding in the court of any jurisdiction referred to in Section 9(p)(i)(2) above, there is a change in the Exchange Rate on the date of calculation prevailing between the Judgment Conversion Payment Date and the date of actual payment of the amount due, the applicable party Party shall pay such adjusted amount as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the Exchange Rate prevailing on the date of payment, will produce the amount of US Dollars United States dollars which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial order at the Exchange Rate prevailing on the Judgment Conversion Payment Date. (iii) . Any amount due from the Company Payor under this provision Section 7(k) shall be due as a separate debt and shall not be affected by judgment being obtained for any other amounts amount due under or in respect of this Agreement or any other Transaction DocumentAgreement.

Judgment Currency. (i) If for the purpose of obtaining or enforcing judgment against the Company in connection with this Agreement or any other Transaction Document in any court in any jurisdiction it becomes necessary to convert into any other currency (such other currency being hereinafter in this Section 9(p9(o) referred to as the “Judgment Currency”) an amount due in US Dollars under this Agreement, the conversion shall be made at the Exchange Rate prevailing on the Trading Day immediately preceding: (1) the date actual payment of the amount due, in the case of any proceeding in the courts of New York or in the courts of any other jurisdiction that will give effect to such conversion being made on such date: or (2) the date on which the foreign court determines, in the case of any proceeding in the courts of any other jurisdiction (the date as of which such conversion is made pursuant to this Section 9(p)(i)(29(o)(i)(2) being hereinafter referred to as the “Judgment Conversion Date”). (ii) If in the case of any proceeding in the court of any jurisdiction referred to in Section 9(p)(i)(29(o)(i)(2) above, there is a change in the Exchange Rate prevailing between the Judgment Conversion Date and the date of actual payment of the amount due, the applicable party shall pay such adjusted amount as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the Exchange Rate prevailing on the date of payment, will produce the amount of US Dollars which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial order at the Exchange Rate prevailing on the Judgment Conversion Date. (iii) Any amount due from the Company under this provision shall be due as a separate debt and shall not be affected by judgment being obtained for any other amounts due under or in respect of this Agreement or any other Transaction Document.

Judgment Currency. (ia) If for the purpose of obtaining or enforcing judgment against the Company Purchaser in connection with this Agreement or any other Transaction Document in any court in any jurisdiction it becomes necessary to convert into any other currency (such other currency being hereinafter in this Section 9(p) 18 referred to as the “Judgment Currency”) an amount due in US Dollars under this Agreement, the conversion shall be made at the Exchange Rate prevailing on the Trading Day immediately preceding: (1i) the date actual payment of the amount due, in the case of any proceeding in the courts of New York or in the courts of any other jurisdiction that will give effect to such conversion being made on such date: ; or (2ii) the date on which the foreign court determines, in the case of any proceeding in the courts of any other jurisdiction (the date as of which such conversion is made pursuant to this Section 9(p)(i)(218(a) being hereinafter referred to as the “Judgment Conversion Date”). (iib) If in the case of any proceeding in the court of any jurisdiction referred to in Section 9(p)(i)(218(a)(i) above, there is a change in the Exchange Rate prevailing between the Judgment Conversion Date and the date of actual payment of the amount due, the applicable party shall pay such adjusted amount as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the Exchange Rate prevailing on the date of payment, will produce the amount of US Dollars which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial order at the Exchange Rate prevailing on the Judgment Conversion Date. (iiic) Any amount due from the Company Purchaser under this provision shall be due as a separate debt and shall not be affected by judgment being obtained for any other amounts due under or in respect of this Agreement or any other Transaction Document.

Judgment Currency. (ia) If If, for the purpose of obtaining or enforcing judgment against the Company in connection with this Agreement or any other Transaction Document Obligor in any court in any jurisdiction jurisdiction, it becomes necessary to convert into any other a particular currency (such other currency being hereinafter in this Section 9(p) 15.8 referred to as the “Judgment Currency”) an amount due in US Dollars another currency (such other currency being hereinafter in this Section 15.8 referred to as the “Indebtedness Currency”) under this Agreementagreement, the conversion shall be made at the Exchange Rate rate of exchange prevailing on the Trading Banking Day immediately preceding: (1i) the date of actual payment of the amount due, in the case of any proceeding in the courts of New York the Province of Ontario or in the courts of any other jurisdiction that will give effect to such conversion being made on such date: ; or (2ii) the date on which the foreign court determinesjudgment is given, in the case of any proceeding in the courts of any other jurisdiction (the date as of which such conversion is made pursuant to this Section 9(p)(i)(215.8(a)(ii) being hereinafter in this Section 15.8 referred to as the “Judgment Conversion Date”). (iib) If If, in the case of any proceeding in the court of any jurisdiction referred to in Section 9(p)(i)(2) above15.8(a)(ii), there is a change in the Exchange Rate rate of exchange prevailing between the Judgment Conversion Date and the date of actual payment of the amount due, the applicable party Borrower shall pay to the appropriate judgment creditor or creditors such adjusted additional amount (if any, but in any event not a lesser amount) as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the Exchange Rate rate of exchange prevailing on the date of payment, will produce the amount of US Dollars the Indebtedness Currency which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial order at the Exchange Rate rate of exchange prevailing on the Judgment Conversion Date. (iiic) Any amount due from the Company Borrower under this provision the provisions of Section 15.8(b) shall be due to the appropriate judgment creditor or creditors as a separate debt and shall not be affected by judgment being obtained for any other amounts due under or in respect of this Agreement or any other Transaction Documentagreement. (d) The term “rate of exchange” in this Section 15.8 means the noon spot rate of exchange for Canadian interbank transactions applied in converting the Indebtedness Currency into the Judgment Currency published by the Bank of Canada for the day in question.

Judgment Currency. (i) If for the purpose of obtaining or enforcing judgment against the Company in connection with this Agreement or any other Transaction Operative Document in any court in any jurisdiction it becomes necessary to convert into any other currency (such other currency being hereinafter in this Section 9(p) 6.17 referred to as the “Judgment Currency”) an amount due in US U.S. Dollars under this Agreement, the conversion shall be made at the Exchange Rate prevailing on the Trading Day immediately preceding: (1) the date actual payment of the amount due, in the case of any proceeding in the courts of New York or in the courts of any other jurisdiction that will give effect to such conversion being made on such date: or (2) the date on which the foreign court determines, in the case of any proceeding in the courts of any other jurisdiction (the date as of which such conversion is made pursuant to this Section 9(p)(i)(26.17(i)(2) being hereinafter referred to as the “Judgment Conversion Date”). (ii) If in the case of any proceeding in the court of any jurisdiction referred to in Section 9(p)(i)(26.17(i)(2) above, there is a change in the Exchange Rate prevailing between the Judgment Conversion Date and the date of actual payment of the amount due, the applicable party shall pay such adjusted the amount as may be that is necessary to ensure that the amount paid in the Judgment Currency, when converted at the Exchange Rate prevailing on the date of payment, will produce the amount of US U.S. Dollars which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial order at the Exchange Rate prevailing on the Judgment Conversion Date. (iii) Any amount due from the Company under this provision shall be due as a separate debt and shall not be affected by judgment being obtained for any other amounts due under or in respect of this Agreement or any other Transaction Operative Document.

Judgment Currency. (i) If for the purpose of obtaining or enforcing judgment against the Company in connection with this Agreement or any other Transaction Document in any court in any jurisdiction it becomes necessary to convert into any other currency (such other currency being hereinafter in this Section 9(p9(o) referred to as the “Judgment Currency”) an amount due in US Dollars under this Agreement, the conversion shall be made at the Exchange Rate prevailing on the Trading Day immediately preceding: (1) the date actual payment of the amount due, in the case of any proceeding in the courts of New York or in the courts of any other jurisdiction that will give effect to such conversion being made on such date: or (2) the date on which the foreign court determines, in the case of any proceeding in the courts of any other jurisdiction (the date as of which such conversion is made pursuant to this Section 9(p)(i)(29(o)(i)(1) being hereinafter referred to as the “Judgment Conversion Date”). (ii) If in the case of any proceeding in the court of any jurisdiction referred to in Section 9(p)(i)(29(o)(i)(1) above, there is a change in the Exchange Rate prevailing between the Judgment Conversion Date and the date of actual payment of the amount due, the applicable party shall pay such adjusted amount as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the Exchange Rate prevailing on the date of payment, will produce the amount of US Dollars which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial order at the Exchange Rate prevailing on the Judgment Conversion Date. (iii) Any amount due from the Company under this provision shall be due as a separate debt and shall not be affected by judgment being obtained for any other amounts due under or in respect of this Agreement or any other Transaction Document.

Judgment Currency. (i) If for the purpose of obtaining or enforcing judgment against the Company in connection with this Agreement or any other Transaction Document in any court in any jurisdiction it becomes necessary to convert into any other currency (such other currency being hereinafter in this Section 9(p8(q) referred to as the “Judgment Currency”) an amount due in US U.S. Dollars under this AgreementAgreement or any other Transaction Document, the conversion shall be made at the Exchange Rate prevailing on the Trading Day immediately preceding: : (1) the date actual payment of the amount due, in the case of any proceeding in the courts of New York or in the courts of any other jurisdiction that will give effect to such conversion being made on such date: or date or (2) the date on which the foreign court determines, in the case of any proceeding in the courts of any other jurisdiction (the date as of which such conversion is made pursuant to this Section 9(p)(i)(28(q)(i) being hereinafter referred to as the “Judgment Conversion Date”). (ii) If in the case of any proceeding in the court of any jurisdiction referred to in Section 9(p)(i)(28(q)(i) above, there is a change in the Exchange Rate prevailing between the Judgment Conversion Date and the date of actual payment of the amount due, the applicable party shall pay such adjusted amount as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the Exchange Rate prevailing on the date of payment, will produce the amount of US U.S. Dollars which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial order at the Exchange Rate prevailing on the Judgment Conversion Date. (iii) Any amount due from the Company under this provision shall be due as a separate debt and shall not be affected by judgment being obtained for any other amounts due under or in respect of this Agreement or any other Transaction Document.

Judgment Currency. (i1) If If, for the purpose of obtaining or enforcing judgment against the Company in connection with this Agreement Borrower or any other Transaction Document of its Subsidiaries in any court in any jurisdiction jurisdiction, it becomes necessary to convert into any other currency (such other currency being hereinafter in this Section 9(p) 11.18 referred to as the “"Judgment Currency”") an amount due under any Loan Document in US Dollars under this Agreementany currency (the "Obligation Currency") other than the Judgment Currency, the conversion shall be made at the Exchange Rate rate of exchange prevailing on the Trading Business Day immediately preceding: (1) preceding the date of actual payment of the amount due, in the case of any proceeding in the courts of New York the Province of Ontario or in the courts of any other jurisdiction that will give effect to such conversion being made on such date: or (2) , or the date on which the foreign court determinesjudgment is given, in the case of any proceeding in the courts of any other jurisdiction (the applicable date as of which such conversion is made pursuant to this Section 9(p)(i)(2) 11.18 being hereinafter in this Section 11.18 referred to as the “"Judgment Conversion Date”"). (ii2) If If, in the case of any proceeding in the court of any jurisdiction referred to in Section 9(p)(i)(2) above11.18(1), there is a change in the Exchange Rate rate of exchange prevailing between the Judgment Conversion Date and the date of actual payment receipt of the amount duedue in immediately available funds, the applicable party Borrower shall pay such adjusted additional amount (if any, but in any event not a lesser amount) as may be necessary to ensure that the amount paid actually received in the Judgment Currency, when converted at the Exchange Rate rate of exchange prevailing on the date of payment, will produce the amount of US Dollars the Obligation Currency which could have been purchased with the amount of the Judgment Currency stipulated in the judgment or judicial order at the Exchange Rate rate of exchange prevailing on the Judgment Conversion Date. (iii) . Any amount due from the Company Borrower under this provision Section 11.18(2) shall be due as a separate debt and shall not be affected by judgment being obtained for any other amounts due under or in respect of any of the Loan Documents. (3) The term "rate of exchange" in this Agreement Section 11.18 means the rate of exchange at which Agent would, on the relevant date at or any other Transaction Documentabout 12:00 noon (Toronto time), be prepared to sell the Obligation Currency against the Judgment Currency.

Judgment Currency. (ia) If If, for the purpose of obtaining or enforcing judgment against the any Company in connection with this Agreement or any other Transaction Document in any court in any jurisdiction jurisdiction, it becomes necessary to convert into any other a particular currency (such other currency being hereinafter in this Section 9(p) 15.8 referred to as the “Judgment Currency”) an amount due in US Dollars another currency (such other currency being hereinafter in this Section 15.8 referred to as the “Indebtedness Currency”) under this Agreementagreement, the conversion shall be made at the Exchange Rate rate of exchange prevailing on the Trading Banking Day immediately preceding: (1i) the date of actual payment of the amount due, in the case of any proceeding in the courts of New York the Province of Ontario or in the courts of any other jurisdiction that will give effect to such conversion being made on such date: ; or (2ii) the date on which the foreign court determinesjudgment is given, in the case of any proceeding in the courts of any other jurisdiction (the date as of which such conversion is made pursuant to this Section 9(p)(i)(215.8(a)(ii) being hereinafter in this Section 15.8 referred to as the “Judgment Conversion Date”). (iib) If If, in the case of any proceeding in the court of any jurisdiction referred to in Section 9(p)(i)(2) above15.8(a)(ii), there is a change in the Exchange Rate rate of exchange prevailing between the Judgment Conversion Date and the date of actual payment of the amount due, the applicable party Borrower shall pay to the appropriate judgment creditor or creditors such adjusted additional amount (if any, but in any event not a lesser amount) as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the Exchange Rate rate of exchange prevailing on the date of payment, will produce the amount of US Dollars the Indebtedness Currency which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial order at the Exchange Rate rate of exchange prevailing on the Judgment Conversion Date. (iiic) Any amount due from the Company Borrower under this provision the provisions of Section 15.8(b) shall be due to the appropriate judgment creditor or creditors as a separate debt and shall not be affected by judgment being obtained for any other amounts due under or in respect of this Agreement or any other Transaction Documentagreement.

Judgment Currency. (i) If for the purpose of obtaining or enforcing any judgment against the Company in connection with this Agreement or any other Transaction Document Seller in any court in any jurisdiction it becomes necessary to convert into any other currency (such other currency being hereinafter in this Section 9(p) 6.16 referred to as the “Judgment Currency”) an amount due in US United States Dollars under this Agreement, the conversion shall be made at the Exchange Rate prevailing on the Trading Business Day immediately preceding: (1) the date of actual payment of the amount due, in the case of any proceeding in the courts of New York or in the courts of any other jurisdiction that will give effect to such conversion being made on such date: ; or (2) the date on which the foreign court determines, in the case of any proceeding in the courts of any other jurisdiction (the date as of which such conversion is made pursuant to this Section 9(p)(i)(2) being hereinafter referred to as the “Judgment Conversion Date”). (ii) If in the case of any proceeding in the court of any jurisdiction referred to in Section 9(p)(i)(26.16(i)(2) above, there is a change in the Exchange Rate prevailing between the Judgment Conversion Date and the date of actual payment of the amount due, the applicable party shall pay such adjusted amount as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the Exchange Rate prevailing on the date of payment, will produce the amount of US United States Dollars which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial order at the Exchange Rate prevailing on the Judgment Conversion Date. (iii) Any amount due from the Company any Seller under this provision shall be due as a separate debt and shall not be affected by judgment being obtained for any other amounts due under or in respect of this Agreement or any other Transaction DocumentAgreement.

Judgment Currency. (ia) If for the purpose of obtaining or enforcing judgment against the Company in connection with this Agreement or any other Transaction Document in any court in any jurisdiction it becomes necessary to convert into any other currency (such other currency being hereinafter in this Section 9(p) 5.20 referred to as the “"Judgment Currency”") an amount due in US United States Dollars under this Agreement, the conversion shall be made at the Exchange Rate prevailing on the Trading Business Day immediately preceding: (1i) the date of actual payment of the amount due, in the case of any proceeding in the courts of New York or in the courts of any other jurisdiction that will give effect to such conversion being made on such date: or (2ii) the date on which the foreign court determines, in the case of any proceeding in the courts of any other jurisdiction (the date as of which such conversion is made pursuant to this Section 9(p)(i)(2) being hereinafter referred to as the “"Judgment Conversion Date”"). (iib) If in the case of any proceeding in the court of any jurisdiction referred to in Section 9(p)(i)(2) aboveproceeding, there is a change in the Exchange Rate prevailing between the Judgment Conversion Date and the date of actual payment of the amount due, the applicable party shall pay such adjusted amount as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the Exchange Rate prevailing on the date of payment, will produce the amount of US United States Dollars which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial order at the Exchange Rate prevailing on the Judgment Conversion Date. (iiic) Any amount due from the Company under this provision shall be due as a separate debt and shall not be affected by judgment being obtained for any other amounts due under or in respect of this Agreement or any other Transaction DocumentAgreement.

Judgment Currency. (ia) If The Loan Parties’ obligations hereunder and under the other Loan Documents to make payments in Dollars shall not be discharged or satisfied by any tender or recovery pursuant to any judgment expressed in or converted into any currency other than Dollars, except to the extent that such tender or recovery results in the effective receipt by the Administrative Agent, the respective Lender or the applicable Issuing Bank of the full amount of Dollars expressed to be payable to the Administrative Agent or such Lender or such Issuing Bank under this Agreement or the other Loan Documents. If, for the purpose of obtaining or enforcing judgment against the Company in connection with this Agreement or any other Transaction Document Loan Party in any court or in any jurisdiction jurisdiction, it becomes necessary to convert into or from any currency other currency than Dollars (such other currency being hereinafter in this Section 9(p) referred to as the “Judgment Currency”) an amount due in US Dollars under this AgreementDollars, the conversion shall be made at the Exchange Rate prevailing on the Trading Day immediately preceding: (1) the date actual payment Dollar equivalent determined as of the amount due, in Calculation Date immediately preceding the case of any proceeding in the courts of New York or in the courts of any other jurisdiction that will give effect to such conversion being made on such date: or (2) the date day on which the foreign court determines, in the case of any proceeding in the courts of any other jurisdiction (the date as of which such conversion judgment is made pursuant to this Section 9(p)(i)(2) being hereinafter referred to as the “Judgment Conversion Date”)given. (iib) If in the case of any proceeding in the court of any jurisdiction referred to in Section 9(p)(i)(2) above, there is a change in the Exchange Rate rate of exchange prevailing between the Judgment Conversion Calculation Date described in clause (a) above and the date of actual payment of the amount due, the applicable party Loan Parties shall pay pay, or cause to be paid, such adjusted amount additional amounts, if any (but in any event not a lesser amount) as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the Exchange Rate rate of exchange prevailing on the date of payment, will produce the amount of US Dollars which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial order award at the Exchange Rate rate of exchange prevailing on the Judgment Conversion Calculation Date. (iiic) Any amount due from For purposes of determining the Company under this provision shall be due as a separate debt and shall not be affected by judgment being obtained for any other amounts due under or in respect of this Agreement Dollar equivalent or any other Transaction Documentrate of exchange for this Section, such amounts shall include any premium and costs payable in connection with the purchase of Dollars. For purposes of this Section, “Calculation Date” means (a) the last Business Day of each fiscal quarter, (b) the date of issuance, amendment, renewal or extension of any Letter of Credit with a face value denominated in any currency other than Dollars, and (c) any other date selected by the Administrative Agent in its sole discretion at any time that an Event of Default has occurred and is continuing.

Judgment Currency. (i) If for the purpose of obtaining or enforcing judgment against the Company any BC Entity in connection with this Agreement or any other Transaction Document in any court in any jurisdiction it becomes necessary to convert into any other currency (such other currency being hereinafter in this Section 9(p) referred to as the “Judgment Currency”) an amount due in US Dollars under this Agreement, the conversion shall be made at the Exchange Rate prevailing on the Trading Day immediately preceding: (1) the date actual payment of the amount due, in the case of any proceeding in the courts of New York Delaware or in the courts of any other jurisdiction that will give effect to such conversion being made on such date: or (2) the date on which the foreign court determines, in the case of any proceeding in the courts of any other jurisdiction (the date as of which such conversion is made pursuant to this Section 9(p)(i)(2) being hereinafter referred to as the “Judgment Conversion Date”). (ii) If in the case of any proceeding in the court of any jurisdiction referred to in Section 9(p)(i)(2) above, there is a change in the Exchange Rate prevailing between the Judgment Conversion Date and the date of actual payment of the amount due, the applicable party shall pay such adjusted amount as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the Exchange Rate prevailing on the date of payment, will produce the amount of US Dollars which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial order at the Exchange Rate prevailing on the Judgment Conversion Date. (iii) Any amount due from the Company any BC Entity under this provision shall be due as a separate debt and shall not be affected by judgment being obtained for any other amounts due under or in respect of this Agreement or any other Transaction Document.

Judgment Currency. (ia) If If, for the purpose of obtaining or enforcing judgment against the Company in connection with this Agreement or any other Transaction Document Credit Party in any court in any jurisdiction jurisdiction, it becomes necessary to convert into any other currency (such other currency being hereinafter in this Section 9(p) 10.28 referred to as the “Judgment Currency”) an amount due under any Credit Document in US Dollars under this Agreementany currency (the “Obligation Currency”) other than the Judgment Currency, the conversion shall be made at the Exchange Rate rate of exchange prevailing on the Trading Business Day immediately preceding: (1) preceding the date of actual payment of the amount due, in the case of any proceeding in the courts of New York the Province of Ontario or in the courts of any other jurisdiction that will give effect to such conversion being made on such date: or (2) , or the date on which the foreign court determinesjudgment is given, in the case of any proceeding in the courts of any other jurisdiction (the applicable date as of which such conversion is made pursuant to this Section 9(p)(i)(2) 10.28 being hereinafter in this Section 10.28 referred to as the “Judgment Conversion Date”). (iib) If If, in the case of any proceeding in the court of any jurisdiction referred to in Section 9(p)(i)(2) above10.28(a), there is a change in the Exchange Rate rate of exchange prevailing between the Judgment Conversion Date and the date of actual payment receipt for value of the amount due, the applicable party Credit Party or Credit Parties shall pay such adjusted additional amount (if any, but in any event not a lesser amount) as may be necessary to ensure that the amount paid actually received in the Judgment Currency, when converted at the Exchange Rate rate of exchange prevailing on the date of payment, will produce the amount of US Dollars the Obligation Currency which could have been purchased with the amount of the Judgment Currency stipulated in the judgment or judicial order at the Exchange Rate rate of exchange prevailing on the Judgment Conversion Date. (iii) . Any amount due from the Company any Credit Party under this provision Section 10.28(b) shall be due as a separate debt and shall not be affected by judgment being obtained for any other amounts due under or in respect of any of the Credit Documents. (c) The term “rate of exchange” in this Agreement Section 10.28 means the rate of exchange at which Administrative Agent, on the relevant date at or any other Transaction Document.about 12:00 noon, would be prepared to sell, in accordance with Administrative Agent’s normal course foreign currency exchange practices, the Obligation Currency against the Judgment Currency. [Remainder of page intentionally left blank]

Judgment Currency. (ia) If If, for the purpose of obtaining or enforcing judgment against the Company in connection with this Agreement or any other Transaction Document Borrower in any court in any jurisdiction jurisdiction, it becomes necessary to convert into any other a particular currency (such currency being hereinafter in this Section 15.10 referred to as the "Judgment Currency") an amount due in another currency (such other currency being hereinafter in this Section 9(p) 15.10 referred to as the “Judgment "Indebtedness Currency”") an amount due in US Dollars under this Agreementagreement, the conversion shall be made at the Exchange Rate rate of exchange prevailing on the Trading Banking Day immediately preceding: (1i) the date of actual payment of the amount due, in the case of any proceeding in the courts of New York the Province of Ontario or in the courts of any other jurisdiction that will give effect to such conversion being made on such date: ; or (2ii) the date on which the foreign court determinesjudgment is given, in the case of any proceeding in the courts of any other jurisdiction (the date as of which such conversion is made pursuant to this Section 9(p)(i)(215.10(a)(ii) being hereinafter in this Section 15.10 referred to as the “"Judgment Conversion Date”"). (iib) If If, in the case of any proceeding in the court of any jurisdiction referred to in Section 9(p)(i)(2) above15.10(a)(ii), there is a change in the Exchange Rate rate of exchange prevailing between the Judgment Conversion Date and the date of actual payment of the amount due, the applicable party Borrower shall pay to the appropriate judgment creditor or creditors such adjusted additional amount (if any, but in any event not a lesser amount) as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the Exchange Rate rate of exchange prevailing on the date of payment, will produce the amount of US Dollars the Indebtedness Currency which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial order at the Exchange Rate rate of exchange prevailing on the Judgment Conversion Date. (iiic) Any amount due from the Company Borrower under this provision the provisions of Section 15.10(b) shall be due to the appropriate judgment creditor or creditors as a separate debt and shall not be affected by judgment being obtained for any other amounts due under or in respect of this Agreement or any other Transaction Documentagreement. (d) The term "rate of exchange" in this Section 15.10 means the noon spot rate of exchange for Canadian interbank transactions applied in converting the Indebtedness Currency into the Judgment Currency published by the Bank of Canada for the day in question.

Judgment Currency. (i1) If for the purpose of obtaining or enforcing judgment against the Company in connection with this Agreement or any other Transaction Document a Borrower in any court in any jurisdiction jurisdiction, it becomes necessary to convert into any other currency (such other currency being hereinafter in this Section 9(p) referred to as the “"Judgment Currency”") an amount due in US Canadian Dollars or United States Dollars under this Agreement, the conversion shall be made at the Exchange Rate rate of exchange prevailing on the Trading Banking Day immediately preceding: (1a) the date of actual payment of the amount due, in the case of any proceeding in the courts of New York or in the courts of any other jurisdiction that will give effect to such conversion being made on such date: ; or (2b) the date on which the foreign court determinesjudgment or judicial order is given, in the case of any proceeding in the courts of any other jurisdiction (the date as of which such conversion is made pursuant to this Section 9(p)(i)(2) being hereinafter in this Section referred to as the “"Judgment Conversion Date”"). (ii2) If If, in the case of any proceeding in the court of any jurisdiction referred to in Section 9(p)(i)(2) above14.4(1)(b), there is a change in the Exchange Rate rate of exchange prevailing between the Judgment Conversion Date and the date of actual payment of the amount due, the applicable party Borrower shall pay such adjusted additional amount (if any) as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the Exchange Rate rate of exchange prevailing on the date of payment, will produce the amount of US Canadian Dollars or United States Dollars, as the case may be, which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial order at the Exchange Rate rate of exchange prevailing on the Judgment Conversion Date. (iii3) Any amount due from a Borrower under the Company under this provision provisions of Section 14.4(2) shall be due as a separate debt and shall not be affected by judgment being obtained for any other amounts due under or in respect of this Agreement Agreement. (4) The term "rate of exchange" in this Section 14.4 means the noon rate of exchange for Canadian interbank transactions in Canadian Dollars or any other Transaction DocumentUnited States Dollars, as the case may be, in the Judgment Currency published by the Bank of Canada for the day in question, or if such rate is not so published by the Bank of Canada, such term shall mean the Equivalent Amount of the Judgment Currency.

Judgment Currency. (i) If for the purpose of obtaining or enforcing judgment against the Company in connection with this Agreement or any other Transaction Document in any court in any jurisdiction it becomes necessary to convert into any other currency (such other currency being hereinafter in this Section 9(p8(p) referred to as the “Judgment Currency”) an amount due in US Dollars under this Agreement, the conversion shall be made at the Exchange Rate prevailing on the Trading Day immediately preceding: (1) the date actual payment of the amount due, in the case of any proceeding in the courts of New York or in the courts of any other jurisdiction that will give effect to such conversion being made on such date: or (2) the date on which the foreign court determines, in the case of any proceeding in the courts of any other jurisdiction (the date as of which such conversion is made pursuant to this Section 9(p)(i)(28(p)(i)(2) being hereinafter referred to as the “Judgment Conversion Date”). (ii) If in the case of any proceeding in the court of any jurisdiction referred to in Section 9(p)(i)(28(p)(i)(2) above, there is a change in the Exchange Rate prevailing between the Judgment Conversion Date and the date of actual payment of the amount due, the applicable party shall pay such adjusted amount as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the Exchange Rate prevailing on the date of payment, will produce the amount of US U.S. Dollars which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial order at the Exchange Rate prevailing on the Judgment Conversion Date. (iii) Any amount due from the Company under this provision shall be due as a separate debt and shall not be affected by judgment being obtained for any other amounts due under or in respect of this Agreement or any other Transaction DocumentAgreement.

Judgment Currency. (ia) If for the purpose of obtaining or enforcing judgment against the Company in connection with this Agreement or any other Transaction Document in any court in any jurisdiction it becomes necessary to convert into any other currency (such other currency being hereinafter in this Section 9(p) 20 referred to as the “"Judgment Currency”") an amount due in US Dollars United States dollars under this AgreementWarrant, the conversion shall be made at the Exchange Rate prevailing on the Trading Day business day immediately preceding: (1i) the date actual payment of the amount due, in the case of any proceeding in the courts of New York or in the courts of any other jurisdiction that will give effect to such conversion being made on such date: or (2ii) the date on which the foreign court determines, in the case of any proceeding in the courts of any other jurisdiction (the date as of which such conversion is made pursuant to this Section 9(p)(i)(220(a)(ii) being hereinafter referred to as the “"Judgment Conversion Date”"). (iib) If in the case of any proceeding in the court of any jurisdiction referred to in Section 9(p)(i)(220(a)(ii) above, there is a change in the Exchange Rate prevailing between the Judgment Conversion Date and the date of actual payment of the amount due, the applicable party shall pay such adjusted amount as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the Exchange Rate prevailing on the date of payment, will produce the amount of US Dollars United States dollars which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial order at the Exchange Rate prevailing on the Judgment Conversion Date. (iiic) Any amount due from the Company under this provision shall be due as a separate debt and shall not be affected by judgment being obtained for any other amounts due under or in respect of this Agreement or any other Transaction DocumentWarrant.

Judgment Currency. (i) If for the purpose of obtaining or enforcing judgment against the Company in connection with this Agreement or any other Transaction Document in any court in any jurisdiction it becomes necessary to convert into any other currency (such other currency being hereinafter in this Section 9(p9(r) referred to as the “Judgment Currency”) an amount due in US Dollars under this Agreement, the conversion exchange shall be made at the Exchange Rate prevailing on the Trading Day immediately preceding: (1) the date actual payment of the amount due, in the case of any proceeding in the courts of New York or in the courts of any other jurisdiction that will give effect to such conversion exchange being made on such date: or (2) the date on which the foreign court determines, in the case of any proceeding in the courts of any other jurisdiction (the date as of which such conversion exchange is made pursuant to this Section 9(p)(i)(29(r)(i)(2) being hereinafter referred to as the “Judgment Conversion Exchange Date”). (ii) If in the case of any proceeding in the court of any jurisdiction referred to in Section 9(p)(i)(29(r)(i)(1) above, there is a change in the Exchange Rate prevailing between the Judgment Conversion Exchange Date and the date of actual payment of the amount due, the applicable party shall pay such adjusted amount as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the Exchange Rate prevailing on the date of payment, will produce the amount of US Dollars which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial order at the Exchange Rate prevailing on the Judgment Conversion Exchange Date. (iii) Any amount due from the Company under this provision shall be due as a separate debt and shall not be affected by judgment being obtained for any other amounts due under or in respect of this Agreement or any other Transaction Document.

Judgment Currency. (ia) If If, for the purpose of obtaining or enforcing judgment against the Company in connection with this Agreement or any other Transaction Document Borrower in any court in any jurisdiction jurisdiction, it becomes necessary to convert into any other a particular currency (such currency being hereinafter in this Section 15.8 referred to as the "Judgment Currency") an amount due in another currency (such other currency being hereinafter in this Section 9(p) 15.8 referred to as the “Judgment "Indebtedness Currency”") an amount due in US Dollars under this Agreementagreement, the conversion shall be made at the Exchange Rate rate of exchange prevailing on the Trading Banking Day immediately preceding: (1i) the date of actual payment of the amount due, in the case of any proceeding in the courts of New York the Province of Ontario or in the courts of any other jurisdiction that will give effect to such conversion being made on such date: ; or (2ii) the date on which the foreign court determinesjudgment is given, in the case of any proceeding in the courts of any other jurisdiction (the date as of which such conversion is made pursuant to this Section 9(p)(i)(215.8(a)(ii) being hereinafter in this Section 15.8 referred to as the “"Judgment Conversion Date”"). (iib) If If, in the case of any proceeding in the court of any jurisdiction referred to in Section 9(p)(i)(2) above15.8(a)(ii), there is a change in the Exchange Rate rate of exchange prevailing between the Judgment Conversion Date and the date of actual payment of the amount due, the applicable party Borrowers shall pay to the appropriate judgment creditor or creditors such adjusted additional amount (if any, but in any event not a lesser amount) as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the Exchange Rate rate of exchange prevailing on the date of payment, will produce the amount of US Dollars the Indebtedness Currency which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial order at the Exchange Rate rate of exchange prevailing on the Judgment Conversion Date. (iiic) Any amount due from the Company Borrowers under this provision the provisions of Section 15.8(b) shall be due to the appropriate judgment creditor or creditors as a separate debt and shall not be affected by judgment being obtained for any other amounts due under or in respect of this Agreement or any other Transaction Documentagreement. (d) The term "rate of exchange" in this Section 15.8 means the noon spot rate of exchange for Canadian interbank transactions applied in converting the Indebtedness Currency into the Judgment Currency published by the Bank of Canada for the day in question.

Judgment Currency. (i) If for the purpose of obtaining or enforcing judgment against the Company in connection with this Agreement or any other Transaction Document Subsidiary, in any court in any jurisdiction it becomes necessary to convert into any other currency (such other currency being hereinafter in this Section 9(p) referred to as the “Judgment Currency”"JUDGMENT CURRENCY") an amount due in US Dollars under this Agreement, the conversion shall be made at the Exchange Rate prevailing on the Trading Business Day immediately preceding: (1A) the date of actual payment of the amount due, in the case of any proceeding in the courts of New York or in the courts of any other jurisdiction that will give effect to such conversion being made on such date: or (2B) the date on which the foreign court determines, in the case of any proceeding in the courts of any other jurisdiction (the date as of which such conversion is made pursuant to this Section 9(p)(i)(29(p) being hereinafter referred to as the “Judgment Conversion Date”"JUDGMENT CONVERSION DATE"). (ii) If in the case of any proceeding in the court of any jurisdiction referred to in Section 9(p)(i)(29(p)(i)(B) above, there is a change in the Exchange Rate prevailing between the Judgment Conversion Date and the date of actual payment of the amount due, the applicable party shall pay such adjusted amount as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the Exchange Rate prevailing on the date of payment, will produce the amount of US Dollars which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial order at the Exchange Rate prevailing on the Judgment Conversion Date. (iii) Any amount due from the Company or any Subsidiary, under this provision shall be due as a separate debt and shall not be affected by judgment being obtained for any other amounts due under or in respect of this Agreement or any other Transaction DocumentAgreement.

Judgment Currency. (i) If for the purpose of obtaining or enforcing judgment against the Company Partnership in connection with this Agreement or any other Transaction Document in any court in any jurisdiction it becomes necessary to convert into any other currency (such other currency being hereinafter in this Section 9(p) referred to as the “Judgment Currency”) an amount due in US Dollars under this Agreement, the conversion shall be made at the Exchange Rate prevailing on the Trading Day immediately preceding: (1) the date actual payment of the amount due, in the case of any proceeding in the courts of New York or in the courts of any other jurisdiction that will give effect to such conversion being made on such date: or (2) the date on which the foreign court determines, in the case of any proceeding in the courts of any other jurisdiction (the date as of which such conversion is made pursuant to this Section 9(p)(i)(2) being hereinafter referred to as the “Judgment Conversion Date”). (ii) If in the case of any proceeding in the court of any jurisdiction referred to in Section 9(p)(i)(2) above, there is a change in the Exchange Rate prevailing between the Judgment Conversion Date and the date of actual payment of the amount due, the applicable party shall pay such adjusted amount as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the Exchange Rate prevailing on the date of payment, will produce the amount of US Dollars which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial order at the Exchange Rate prevailing on the Judgment Conversion Date. (iii) Any amount due from the Company Partnership under this provision shall be due as a separate debt and shall not be affected by judgment being obtained for any other amounts due under or in respect of this Agreement or any other Transaction Document.

Judgment Currency. (ia) If If, for the purpose of obtaining or enforcing judgment against the Company in connection with this Agreement or any other Transaction Document Applicant in any court in any jurisdiction jurisdiction, it becomes necessary to convert into any other currency (such other currency being hereinafter in this Section 9(p) referred to as the “Judgment Currency”) an amount due under any Credit in US Dollars under this Agreementany currency (the “Obligation Currency”) other than the Judgment Currency, the conversion shall be made at the Exchange Rate rate of exchange prevailing on the Trading Business Day immediately preceding: (1) preceding the date of actual payment of the amount due, in the case of any proceeding in the courts of New York or in the courts of any other jurisdiction that will give effect to such conversion being made on such date: or (2) , or the date on which the foreign court determinesjudgment is given, in the case of any proceeding in the courts of any other jurisdiction (the applicable date as of which such conversion is made pursuant to this Section 9(p)(i)(2) being hereinafter referred to as the “Judgment Conversion Date”). (iib) If If, in the case of any proceeding in the court of any jurisdiction referred to in Section 9(p)(i)(2clause (a) above, there is a change in the Exchange Rate rate of exchange prevailing between the Judgment Conversion Date and the date of actual payment receipt for value of the amount due, the applicable party Applicant shall pay such adjusted additional amount (if any, but in any event not a lesser amount) as may be necessary to ensure that the amount paid actually received in the Judgment Currency, when converted at the Exchange Rate rate of exchange prevailing on the date of payment, will produce the amount of US Dollars the Obligation Currency which could have been purchased with the amount of the Judgment Currency stipulated in the judgment or judicial order at the Exchange Rate rate of exchange prevailing on the Judgment Conversion Date. (iii) Any amount due from the Company under this provision shall be due as a separate debt and shall not be affected by judgment being obtained for any other amounts due under or in respect of this Agreement or any other Transaction Document.

Judgment Currency. (ia) If for the purpose of obtaining or enforcing judgment against the Company in connection with this Agreement or any other Transaction Document in any court in any jurisdiction it becomes necessary to convert into any other currency (such other currency being hereinafter in this Section 9(p) 15 referred to as the “"Judgment Currency”") an amount due in US Dollars dollars under this AgreementWarrant, the conversion shall be made at the Exchange Rate prevailing on the Trading Day business day immediately preceding: (1i) the date actual payment of the amount due, in the case of any proceeding in the courts of New York or in the courts of any other jurisdiction that will give effect to such conversion being made on such date: or (2ii) the date on which the foreign court determines, in the case of any proceeding in the courts of any other jurisdiction (the date as of which such conversion is made pursuant to this Section 9(p)(i)(215(a)(ii) being hereinafter referred to as the “"Judgment Conversion Date”"). (iib) If in the case of any proceeding in the court of any jurisdiction referred to in Section 9(p)(i)(2155(a)(ii) above, there is a change in the Exchange Rate prevailing between the Judgment Conversion Date and the date of actual payment of the amount due, the applicable party shall pay such adjusted amount as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the Exchange Rate prevailing on the date of payment, will produce the amount of US Dollars dollars which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial order at the Exchange Rate prevailing on the Judgment Conversion Date. (iii) . Any amount due from the Company under this provision shall be due as a separate debt and shall not be affected by judgment being obtained for any other amounts due under or in respect of this Agreement or any other Transaction Document.Warrant

Judgment Currency. (i) If for the purpose of obtaining or enforcing judgment against the Company in connection with this Agreement or any other Transaction Document Guarantor in any court in any jurisdiction it becomes necessary to convert into any other currency (such other currency being hereinafter in this Section 9(p12(i) referred to as the “Judgment Currency”) an amount due in US U.S. Dollars under this AgreementGuaranty or any other Transaction Document, the conversion shall be made at the Exchange Rate prevailing on the Trading Day (as defined in the Warrant) immediately preceding: : (1) the date actual payment of the amount due, in the case of any proceeding in the courts of New York or in the courts of any other jurisdiction that will give effect to such conversion being made on such date: or date or (2) the date on which the foreign court determines, in the case of any proceeding in the courts of any other jurisdiction (the date as of which such conversion is made pursuant to this Section 9(p)(i)(212(i)(i) being hereinafter referred to as the “Judgment Conversion Date”). (ii) If in the case of any proceeding in the court of any jurisdiction referred to in Section 9(p)(i)(212(i)(i) above, there is a change in the Exchange Rate prevailing between the Judgment Conversion Date and the date of actual payment of the amount due, the applicable party shall pay such adjusted amount as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the Exchange Rate prevailing on the date of payment, will produce the amount of US U.S. Dollars which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial order at the Exchange Rate prevailing on the Judgment Conversion Date. (iii) Any amount due from the Company any Guarantor under this provision shall be due as a separate debt and shall not be affected by judgment being obtained for any other amounts due under or in respect of this Agreement Guaranty or any other Transaction Document.

Judgment Currency. (ia) If If, for the purpose of obtaining or enforcing judgment against the Company in connection with this Agreement or any other Transaction Document Credit Party in any court in any jurisdiction jurisdiction, it becomes necessary to convert into any other currency (such other currency being hereinafter in this Section 9(p) 11.17 referred to as the “"Judgment Currency”") an amount due under any Loan Document in US Dollars under this Agreementany currency (the "Obligation Currency") other than the Judgment Currency, the conversion shall be made at the Exchange Rate rate of exchange prevailing on the Trading Business Day immediately preceding: (1) preceding the date of actual payment of the amount due, in the case of any proceeding in the courts of the State of New York or in the courts of any other jurisdiction that will give effect to such conversion being made on such date: or (2) , or the date on which the foreign court determinesjudgment is given, in the case of any proceeding in the courts of any other jurisdiction (the applicable date as of which such conversion is made pursuant to this Section 9(p)(i)(2) 11.17 being hereinafter in this Section 11.17 referred to as the “"Judgment Conversion Date”"). (iib) If If, in the case of any proceeding in the court of any jurisdiction referred to in Section 9(p)(i)(2) above11.17(a), there is a change in the Exchange Rate rate of exchange prevailing between the Judgment Conversion Date and the date of actual payment receipt for value of the amount due, the applicable party Credit Party or Parties shall pay such adjusted additional amount (if any, but in any event not a lesser amount) as may be necessary to ensure that the amount paid actually received in the Judgment Currency, when converted at the Exchange Rate rate of exchange prevailing on the date of payment, will produce the amount of US Dollars the Obligation Currency which could have been purchased with the amount of the Judgment Currency stipulated in the judgment or judicial order at the Exchange Rate rate of exchange prevailing on the Judgment Conversion Date. (iii) . Any amount due from the Company any Credit Party under this provision Section 11.17(b) shall be due as a separate debt and shall not be affected by judgment being obtained for any other amounts due under or in respect of this Agreement or any other Transaction Documentof the Loan Documents.

Judgment Currency. (i1) If for the purpose of obtaining or enforcing judgment against the Company in connection with this Agreement or any other Transaction Document a Borrower in any court in any jurisdiction jurisdiction, it becomes necessary to convert into any other currency (such other currency being hereinafter in this Section 9(p) referred to as the “Judgment Currency”) an amount due in US Canadian Dollars or United States Dollars under this Agreement, the conversion shall be made at the Exchange Rate prevailing on the Trading Banking Day immediately preceding: (1a) the date of actual payment of the amount due, in the case of any proceeding in the courts of New York or in the courts of any other jurisdiction that will give effect to such conversion being made on such date: ; or (2b) the date on which the foreign court determinesjudgment or judicial order is given, in the case of any proceeding in the courts of any other jurisdiction (the date as of which such conversion is made pursuant to this Section 9(p)(i)(2) being hereinafter in this Section referred to as the “Judgment Conversion Date”). (ii2) If If, in the case of any proceeding in the court of any jurisdiction referred to in Section 9(p)(i)(2) above14.4(1)(b), there is a change in the Exchange Rate prevailing between the Judgment Conversion Date and the date of actual payment of the amount due, the applicable party Borrower shall pay such adjusted additional amount (if any) as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the Exchange Rate prevailing on the date of payment, will produce the amount of US Canadian Dollars or United States Dollars, as the case may be, which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial order at the Exchange Rate prevailing on the Judgment Conversion Date. (iii3) Any amount due from a Borrower under the Company under this provision provisions of Section 14.4(2) shall be due as a separate debt and shall not be affected by judgment being obtained for any other amounts due under or in respect of this Agreement or any other Transaction DocumentAgreement.

Judgment Currency. (ia) If for the purpose of obtaining or enforcing judgment against the Company in connection with this Agreement or any other Transaction Document in any court in any jurisdiction it becomes necessary to convert into any other currency (such other currency being hereinafter in this Section 9(p) 26 referred to as the “Judgment Currency”) an amount due in US Dollars U.S. dollars under this AgreementCertificate of Designations, the conversion shall be made at the Exchange Rate prevailing on the Trading Day immediately preceding: (1i) the date actual payment of the amount due, in the case of any proceeding in the courts of New York or in the courts of any other jurisdiction that will give effect to such conversion being made on such date: or (2ii) the date on which the foreign court determines, in the case of any proceeding in the courts of any other jurisdiction (the date as of which such conversion is made pursuant to this Section 9(p)(i)(226(a)(ii) being hereinafter referred to as the “Judgment Conversion Date”). (iib) If in the case of any proceeding in the court of any jurisdiction referred to in Section 9(p)(i)(226(a)(ii) above, there is a change in the Exchange Rate prevailing between the Judgment Conversion Date and the date of actual payment of the amount due, the applicable party shall pay such adjusted amount as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the Exchange Rate prevailing on the date of payment, will produce the amount of US Dollars dollars which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial order at the Exchange Rate prevailing on the Judgment Conversion Date. (iiic) Any amount due from the Company under this provision shall be due as a separate debt and shall not be affected by judgment being obtained for any other amounts due under or in respect of this Agreement or any other Transaction DocumentCertificate of Designations.

Judgment Currency. (ia) If If, for the purpose of obtaining or enforcing judgment against the Company in connection with this Agreement or any other Transaction Document Party in any court in any jurisdiction with respect to this Agreement it becomes necessary to convert into any other currency (such other currency being hereinafter in this Section 9(p) referred to as the “Judgment Currency”) an amount due in US Dollars under this AgreementUnited States dollars, the conversion shall be made at the Exchange Rate prevailing last exchange rate published in the Wall Street Journal on the Trading Day business day immediately preceding:preceding (the “Exchange Rate”): (1i) the date actual payment of the amount is due, in the case of any proceeding in the courts of New York Delaware or in the courts of any other jurisdiction that will give effect to such conversion payment being made due on such date: ; or (2ii) the date on which the foreign French or any other non U.S. court determines, in the case of any proceeding in the courts of any other jurisdiction (the date as of which such conversion payment is made pursuant to this Section 9(p)(i)(2) being hereinafter referred to as the “"Judgment Conversion Payment Date”"). (iib) If in the case of any proceeding in the court of any jurisdiction referred to in Section 9(p)(i)(2) above, there is a change in the Exchange Rate on the date of calculation prevailing between the Judgment Conversion Payment Date and the date of actual payment of the amount due, the applicable party Party shall pay such adjusted amount as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the Exchange Rate prevailing on the date of payment, will produce the amount of US Dollars United States dollars which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial order at the Exchange Rate prevailing on the Judgment Conversion Payment Date. (iiic) Any amount due from the Company Buyer under this provision Section 7.10 shall be due as a separate debt and shall not be affected by judgment being obtained for any other amounts amount due under or in respect of this Agreement or any other Transaction DocumentAgreement.

Judgment Currency. (i) If for the purpose of obtaining or enforcing judgment against the Company in connection with this Agreement or any other Transaction Document in any court in any jurisdiction it becomes necessary to convert into any other currency (such other currency being hereinafter in this Section 9(p9(q) referred to as the “"Judgment Currency”") an amount due in US Dollars under this Agreement, the conversion shall be made at the Exchange Rate prevailing on the Trading Day immediately preceding: (1) the date actual payment of the amount due, in the case of any proceeding in the courts of New York or in the courts of any other jurisdiction that will give effect to such conversion being made on such date: or (2) the date on which the foreign court determines, in the case of any proceeding in the courts of any other jurisdiction (the date as of which such conversion is made pursuant to this Section 9(p)(i)(29(q)(i)(2) being hereinafter referred to as the “"Judgment Conversion Date”"). (ii) If in the case of any proceeding in the court of any jurisdiction referred to in Section 9(p)(i)(29(q)(i)(2) above, there is a change in the Exchange Rate prevailing between the Judgment Conversion Date and the date of actual payment of the amount due, the applicable party shall pay such adjusted amount as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the Exchange Rate prevailing on the date of payment, will produce the amount of US Dollars which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial order at the Exchange Rate prevailing on the Judgment Conversion Date. (iii) Any amount due from the Company under this provision shall be due as a separate debt and shall not be affected by judgment being obtained for any other amounts due under or in respect of this Agreement or any other Transaction DocumentAgreement.

Judgment Currency. (ia) If If, for the purpose of obtaining or enforcing judgment against the Company in connection with this Agreement or any other Transaction Document Credit Party in any court in any jurisdiction jurisdiction, it becomes necessary to convert into any other currency (such other currency being hereinafter in this Section 9(p) 11.19 referred to as the “Judgment Currency”) an amount due under any Loan Document in US Dollars under this Agreementany currency (the “Obligation Currency”) other than the Judgment Currency, the conversion shall be made at the Exchange Rate rate of exchange prevailing on the Trading Business Day immediately preceding: preceding (1i) the date of actual payment of the amount due, in the case of any proceeding in the courts of New York or in the courts of any other jurisdiction that will give effect to such conversion being made on such date: or , or (2ii) the date on which the foreign court determinesjudgment is given, in the case of any proceeding in the courts of any other jurisdiction (the applicable date as of which such conversion is made pursuant to this Section 9(p)(i)(2) 11.19 being hereinafter in this Section 11.19 referred to as the “Judgment Conversion Date”). (iib) If If, in the case of any proceeding in the court of any jurisdiction referred to in Section 9(p)(i)(2) above11.19(a), there is a change in the Exchange Rate rate of exchange prevailing between the Judgment Conversion Date and the date of actual payment receipt for value of the amount due, the applicable party Credit Party shall pay such adjusted additional amount (if any, but in any event not a lesser amount) as may be necessary to ensure that the amount paid actually received in the Judgment Currency, when converted at the Exchange Rate rate of exchange prevailing on the date of payment, will produce the amount of US Dollars the Obligation Currency which could have been purchased with the amount of the Judgment Currency stipulated in the judgment or judicial order at the Exchange Rate rate of exchange prevailing on the Judgment Conversion Date. (iii) . Any amount due from the Company a Credit Party under this provision Section 11.19(b) shall be due as a separate debt and shall not be affected by judgment being obtained for any other amounts due under or in respect of any of the Loan Documents. (c) The term “rate of exchange” in this Agreement Section 11.19 means the rate of exchange at which Agent would, on the relevant date at or any other Transaction Documentabout 1:00 p.m.(New York time), be prepared to sell the Obligation Currency against the Judgment Currency.

Judgment Currency. (ia) If for the purpose purposes of obtaining or enforcing judgment against the Company in connection with this Agreement or any other Transaction Document in any court in any jurisdiction it becomes necessary to convert into any other currency (such other currency being hereinafter in this Section 9(p) referred to as the “currency, a "Judgment Currency”") an amount due in US U.S. Dollars under this Agreement, the conversion shall be made at the Exchange Rate prevailing on the Trading Business Day immediately preceding: (1i) the date of actual payment of the amount due, in the case of any proceeding in the courts of New York or in the courts of any other jurisdiction that will give effect to such conversion being made on such date: ; or (2ii) the date on which the foreign court determines, in the case of any proceeding in the courts of any other jurisdiction (the date as of which such conversion is made pursuant to this Section 9(p)(i)(2) 6.17 being hereinafter referred to as the “"Judgment Conversion Date”"). (iib) If If, in the case of any proceeding in the court of any jurisdiction referred to in Section 9(p)(i)(216.7(a)(ii) above, there is a change in the Exchange Rate prevailing between the Judgment Conversion Date and the date of actual payment of the amount due, the applicable party shall pay such adjusted amount as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the Exchange Rate prevailing on the date of payment, will produce the amount of US U.S. Dollars which could have been purchased with the amount of Judgment Currency stipulated in the applicable judgment or judicial order at the Exchange Rate prevailing on the Judgment Conversion Date. (iiic) Any amount due from the Company under this provision section shall be due as a separate debt and shall not be affected by judgment being obtained for any other amounts due under or in respect of this Agreement or any other Transaction DocumentAgreement.

Judgment Currency. (i1) If for the purpose of obtaining or enforcing judgment against the Company in connection with this Agreement or any other Transaction Document Borrower in any court in any jurisdiction jurisdiction, it becomes necessary to convert into any other currency (such other currency being hereinafter in this Section 9(p) referred to as the “Judgment Currency”) an amount due in US Canadian Dollars or United States Dollars under this Agreement, the conversion shall be made at the Exchange Rate rate of exchange prevailing on the Trading Banking Day immediately preceding: (1a) the date of actual payment of the amount due, in the case of any proceeding in the courts of New York or in the courts of any other jurisdiction that will give effect to such conversion being made on such date: ; or (2b) the date on which the foreign court determinesjudgment or judicial order is given, in the case of any proceeding in the courts of any other jurisdiction (the date as of which such conversion is made pursuant to this Section 9(p)(i)(2) being hereinafter in this Section referred to as the “Judgment Conversion Date”). (ii2) If If, in the case of any proceeding in the court of any jurisdiction referred to in Section 9(p)(i)(2) above13.4(1)(b), there is a change in the Exchange Rate rate of exchange prevailing between the Judgment Conversion Date and the date of actual payment of the amount due, the applicable party Borrower shall pay such adjusted additional amount (if any) as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the Exchange Rate rate of exchange prevailing on the date of payment, will produce the amount of US Canadian Dollars or United States Dollars, as the case may be, which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial order at the Exchange Rate rate of exchange prevailing on the Judgment Conversion Date. (iii3) Any amount due from the Company Borrower under this provision the provisions of Section 13.4(2) shall be due as a separate debt and shall not be affected by judgment being obtained for any other amounts due under or in respect of this Agreement or any other Transaction DocumentAgreement.

Judgment Currency. (ia) If for the purpose of obtaining or enforcing judgment against the Company in connection with this Agreement or any other Transaction Document in any court in any jurisdiction it becomes necessary to convert into any other currency (such other currency being hereinafter in this Section 9(p) 28 referred to as the “Judgment Currency”) an amount due in US Dollars U.S. dollars under this AgreementNote, the conversion shall be made at the Exchange Rate prevailing on the Trading Day immediately preceding: (1i) the date actual payment of the amount due, in the case of any proceeding in the courts of New York or in the courts of any other jurisdiction that will shall give effect to such conversion being made on such date: ; or (2ii) the date on which the foreign court determines, in the case of any proceeding in the courts of any other jurisdiction (the date as of which such conversion is made pursuant to this Section 9(p)(i)(228(a)(ii) being hereinafter referred to as the “Judgment Conversion Date”). (iib) If in the case of any proceeding in the court of any jurisdiction referred to in Section 9(p)(i)(228(a)(ii) above, there is a change in the Exchange Rate prevailing between the Judgment Conversion Date and the date of actual payment of the amount due, the applicable party shall pay such adjusted amount as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the Exchange Rate prevailing on the date of payment, will shall produce the amount of US Dollars dollars which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial order at the Exchange Rate prevailing on the Judgment Conversion Date. (iiic) Any amount due from the Company under this provision shall be due as a separate debt and shall not be affected by judgment being obtained for any other amounts due under or in respect of this Agreement or any other Transaction DocumentNote.