Common use of Judgment Currency Clause in Contracts

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower in respect of any such sum due from it to the Administrative Agent, any Issuing Lender or any Lender hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, such Issuing Lender or such Lender, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent, such Issuing Lender or such Lender, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent, any Issuing Lender or any Lender from the Borrower in the Agreement Currency, the Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent, such Issuing Lender or such Lender, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent, any Issuing Lender or any Lender in such currency, the Administrative Agent, such Issuing Lender or such Lender, as the case may be, agrees to return the amount of any excess to the Borrower (or to any other Person who may be entitled thereto under applicable law).

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the each Borrower Party in respect of any such sum due from it to the Administrative Agent, any Issuing Lender Letter of Credit Issuer or any Lender hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Credit Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, such Issuing Lender Letter of Credit Issuer or such Lender, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent, such Issuing Lender Letter of Credit Issuer or such Lender, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent, any Issuing Lender Letter of Credit Issuer or any Lender from the any Borrower Party in the Agreement Currency, the such Borrower Party agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent, such Issuing Lender Letter of Credit Issuer or such Lender, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent, any Issuing Lender Letter of Credit Issuer or any Lender in such currency, the Administrative Agent, such Issuing Lender Letter of Credit Issuer or such Lender, as the case may be, agrees to return the amount of any excess to the such Borrower Party (or to any other Person who may be entitled thereto under applicable law).

Judgment Currency. If, for the purposes purpose of obtaining judgment in any court, it is necessary to convert a sum due hereunder under this Agreement in Dollars or any other Loan Document in one alternative currency (the “Specified Currency”) into another currencycurrency (the “Judgment Currency”), the rate of exchange used which shall be applied shall be that at which which, in accordance with normal banking procedures procedures, the Administrative Agent could purchase the first currency Specified Currency with such other currency the amount of the Judgment Currency on the Business Day next preceding that the day on which final such judgment is givenrendered. The obligation of the Borrower in with respect of to any such sum due from it to the Administrative Agent, any Issuing Lender Agent or any Lender hereunder or under the other Loan Documents Bank (each, an “Entitled Person”) shall, notwithstanding any judgment the rate of exchange actually applied in a currency (the “Judgment Currency”) other than that in which rendering such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”)judgment, be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, such Issuing Lender or such Lender, as the case may be, Entitled Person of any sum adjudged to be so due under this Agreement in the Judgment Currency, the Administrative Agentsuch Entitled Person may, such Issuing Lender or such Lender, as the case may be, may in accordance with normal banking procedures procedures, purchase and transfer to the Agreement required location of payment the Specified Currency with the Judgment Currency. If the amount of the Agreement Judgment Currency so purchased is less than the sum originally due adjudged to the Administrative Agent, any Issuing Lender or any Lender from be due; and the Borrower in the Agreement Currency, the Borrower agreeshereby, as a separate obligation and notwithstanding any such judgment, agrees to indemnify such Entitled Person against, and to pay such Entitled Person on demand, in the Administrative Agentapplicable Specified Currency, such Issuing Lender or such Lender, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than any difference between the sum originally due to such Entitled Person in the Administrative Agent, any Issuing Lender or any Lender in such currency, the Administrative Agent, such Issuing Lender or such Lender, as the case may be, agrees to return Specified Currency and the amount of any excess to the Borrower (or to any other Person who may be entitled thereto under applicable law)Specified Currency so purchased and transferred on that Business Day.

Judgment Currency. If, If for the purposes of obtaining judgment in any court, court it is necessary to convert a sum due from the Borrower hereunder or any other Loan Document in one the currency expressed to be payable herein (the “Specified Currency”) into another currency, the parties hereto agree, to the fullest extent that they may effectively do so under applicable law, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency Specified Currency with such other currency at the Administrative Agent’s main New York City office on the Business Day preceding that on which final final, non-appealable judgment is given. The obligation obligations of the Borrower in respect of any such sum due from it to any Lender or the Administrative Agent, any Issuing Lender or any Lender Agent hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Specified Currency”), be discharged only to the extent that on the Business Day following receipt by such Lender or the Administrative Agent, such Issuing Lender or such Lender, Agent (as the case may be, ) of any sum adjudged to be so due in the Judgment Currency, such other currency such Lender or the Administrative Agent, such Issuing Lender or such Lender, Agent (as the case may be, ) may in accordance with normal normal, reasonable banking procedures purchase the Agreement Specified Currency with the Judgment Currencysuch other currency. If the amount of the Agreement Specified Currency so purchased is less than the sum originally due to such Lender or the Administrative Agent, any Issuing Lender or any Lender from as the Borrower case may be, in the Agreement Specified Currency, the Borrower agrees, to the fullest extent that it may effectively do so under applicable law, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or the Administrative Agent, such Issuing Lender or such Lender, as the case may be, against such loss. If , and if the amount of the Agreement Specified Currency so purchased is greater than exceeds (a) the sum originally due to any Lender or the Administrative Agent, as the case may be, in the Specified Currency and (b) any Issuing amounts shared with other Lenders as a result of allocations of such excess as a disproportionate payment to such Lender under Section 4.8, such Lender or any Lender in such currency, the Administrative Agent, such Issuing Lender or such Lender, as the case may be, agrees to return the amount of any remit such excess to the Borrower (or to any other Person who may be entitled thereto under applicable law)Borrower.

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent (or in the case of the Revolving Credit Facility, the Revolver Agent) could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower in respect of any such sum due from it to the Administrative Agent (or in the case of the Revolving Credit Facility, the Revolver Agent, any Issuing Lender ) or any Lender the Lenders hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent (or the Revolver Agent, such Issuing Lender or such Lender, as the case may be, applicable) of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent (or the Revolver Agent, such Issuing Lender or such Lender, as the case may be, applicable) may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent (or the Revolver Agent, any Issuing Lender or any Lender as applicable) from the Borrower in the Agreement Currency, the Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent, such Issuing Lender Agent (or such Lender, as in the case may beof the Revolving Credit Facility, the Revolver Agent) or the Person to whom such obligation was owing against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent (or the Revolver Agent, any Issuing Lender or any Lender as applicable) in such currency, the Administrative Agent (or the Revolver Agent, such Issuing Lender or such Lender, as the case may be, applicable) agrees to return the amount of any excess to the Borrower (or to any other Person who may be entitled thereto under applicable lawLaw).

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the each Borrower in respect of any such sum due from it to the Administrative Agent, any Issuing Lender or any Lender L/C Issuer hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, such Issuing Lender or such LenderL/C Issuer, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent, such Issuing Lender or such LenderL/C Issuer, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent, any Issuing Lender or any Lender L/C Issuer from the any Borrower in the Agreement Currency, the such Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent, such Issuing Lender or such LenderL/C Issuer, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent, any Issuing Lender or any Lender L/C Issuer in such currency, the Administrative Agent, such Issuing Lender or such LenderL/C Issuer, as the case may be, agrees to return the amount of any excess to the such Borrower (or to any other Person who may be entitled thereto under applicable law).

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Credit Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent Agent, the Issuing Lender or other applicable Lender could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower in respect of any such sum due from it to the Administrative Agent, any the Issuing Lender or any other applicable Lender hereunder or under the other Loan Credit Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, such the Issuing Lender or such Lender, as the case may be, other applicable Lender of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent, such the Issuing Lender or such Lender, as the case may be, other applicable Lender may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent, any the Issuing Lender or any other applicable Lender from the Borrower in the Agreement Currency, the Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent, such the Issuing Lender or such Lender, as the case may be, other applicable Lender against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent, any the Issuing Lender or any other applicable Lender in such currency, the Administrative Agent, such the Issuing Lender or such Lender, as the case may be, other applicable Lender agrees to return the amount of any excess to the Borrower (or to any other Person who may be entitled thereto under applicable law).

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or under any other Loan Credit Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of each of the Borrower applicable Borrowers in respect of any such sum due from it to either the Administrative Agent, any Issuing Lender Agent or any Lender hereunder or under the any other Loan Documents Credit Document shall, notwithstanding any judgment in a currency (the “"Judgment Currency”") other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “"Agreement Currency”"), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, Lender of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, Lender may in accordance with normal banking procedures in the relevant jurisdiction purchase the Agreement Currency with the Judgment Currency. If ; if the amount of the Agreement Currency so purchased is less than the sum originally adjudged to be due to the Administrative Agent, any Issuing Agent or such Lender or any Lender from the Borrower in the Agreement CurrencyCurrency (as converted on the date of final judgment), the Borrower agreesBorrowers agree, jointly and severally, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, Lender against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally adjudged to be due to the Administrative Agent, any Issuing Lender Agent or any such Lender in such currency, the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, Lender agrees to return the amount of any excess to the Borrower Borrowers (or to any other Person who may be entitled thereto under applicable law). The obligations of the Borrowers contained in this Section 9.14 shall survive the termination of this Agreement and the payment of all other amounts owing hereunder.

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent or the Revolving Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower Borrowers in respect of any such sum due from it to the Administrative Agent, any Issuing Lender the Revolving Agent or any Lender hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, such Issuing Lender the Revolving Agent or such Lender, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent, such Issuing Lender the Revolving Agent or such Lender, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent, any Issuing Lender the Revolving Agent or any Lender from the Borrower Borrowers in the Agreement Currency, the Borrower agreesBorrowers agree, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent, such Issuing Lender the Revolving Agent or such Lender, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent, any Issuing Lender the Revolving Agent or any Lender in such currency, the Administrative Agent, such Issuing Lender the Revolving Agent or such Lender, as the case may be, agrees to return the amount of any excess to the Borrower Borrowers (or to any other Person who may be entitled thereto under applicable lawLaw).

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document Paper in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower in respect of any such sum due from it to the Administrative Agent, any Issuing Lender Agent or any Lender L/C Issuer hereunder or under the other Loan Documents Papers shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, such Issuing Lender Agent or such LenderL/C Issuer, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent, such Issuing Lender Agent or such LenderL/C Issuer, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent, any Issuing Lender Agent or any Lender L/C Issuer from the Borrower in the Agreement Currency, the Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent, such Issuing Lender Agent or such LenderL/C Issuer, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent, any Issuing Lender Agent or any Lender L/C Issuer in such currency, the Administrative Agent, such Issuing Lender Agent or such LenderL/C Issuer, as the case may be, agrees to return the amount of any excess to the Borrower (or to any other Person who may be entitled thereto under applicable law).

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower in respect of any such sum due from it to the Administrative Agent, any Issuing Lender Agent or any Lender or L/C Issuer hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, Agent or such Issuing Lender or such LenderL/C Issuer, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent, Agent or such Issuing Lender or such LenderL/C Issuer, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent, any Issuing Lender Agent or any Lender or L/C Issuer from the Borrower in the Agreement Currency, the Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent, Agent or such Issuing Lender or such LenderL/C Issuer, as the case may be, against such loss. If The provisions of this Section 10.20 shall survive the amount payment in full of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent, any Issuing Lender or any Lender in such currencyObligations, the Administrative Agent, such Issuing Lender or such Lender, as termination of the case may be, agrees to return Commitments and the amount termination of any excess to the Borrower (or to any other Person who may be entitled thereto under applicable law)this Agreement.

Judgment Currency. If, If for the purposes of obtaining judgment in any court, court it is necessary to convert a sum due from the Borrower hereunder or under any other Loan Document of the Notes in one the currency expressed to be payable herein or under the Notes (the “Specified Currency”) into another currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency Specified Currency with such other currency at the Administrative Agent’s New York office on the Business Day preceding that on which final judgment is given. The obligation obligations of the Borrower in respect of any such sum due from it to any Lender or the Administrative Agent, any Issuing Lender or any Lender Agent hereunder or under the other Loan Documents any Note shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Specified Currency”), be discharged only to the extent that on the Business Day following receipt by such Lender or the Administrative Agent, such Issuing Lender or such Lender, Agent (as the case may be, ) of any sum adjudged to be so due in the Judgment Currencysuch other currency, such Lender or the Administrative Agent, such Issuing Lender or such Lender, Agent (as the case may be, ) may in accordance with normal banking procedures purchase the Agreement Specified Currency with the Judgment Currency. If such other currency; if the amount of the Agreement Specified Currency so purchased is less than the sum originally due to such Lender or the Administrative Agent, any Issuing Lender or any Lender from as the Borrower case may be, in the Agreement Specified Currency, the Borrower agrees, to the fullest extent that it may effectively do so, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or the Administrative Agent, such Issuing Lender or such Lender, as the case may be, against such loss. If , and if the amount of the Agreement Specified Currency so purchased is greater than exceeds the sum originally due to any Lender or the Administrative Agent, any Issuing as the case may be, in the Specified Currency, such Lender or any Lender in such currency, the Administrative Agent, such Issuing Lender or such Lender, as the case may be, agrees to return the amount of any remit such excess to the Borrower (or to any other Person who may be entitled thereto under applicable law)Borrower.

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or under any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower in respect of any such sum due from it to the Administrative Agent, any Issuing Lender the L/C Issuer or any Lender hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent, any Issuing Lender Agent or any Lender from the Borrower in the Agreement Currency, the Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent, such Issuing Lender the L/C Issuer or such Lender, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent, any Issuing Lender the L/C Issuer or any such Lender in such currency, the Administrative Agent, such Issuing Lender the L/C Issuer or such Lender, as the case may be, agrees to return the amount of any excess to the Borrower (or to any other Person who may be entitled thereto under applicable lawLaw). All of the Borrower’s obligations under this Section 10.19 shall survive termination of the Aggregate Commitments and repayment of all other Obligations hereunder.

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent Agent, a Lender or an Issuing Lender, as applicable, could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower Company in respect of any such sum due from it to the Administrative Agent, Agent or any Issuing Lender or any Issuing Lender hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, Agent or such Issuing Lender or such Issuing Lender, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent, Agent or such Issuing Lender or such Issuing Lender, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent, any Issuing Lender Agent or any Lender or Issuing Lender from the Borrower Company in the Agreement Currency, the Borrower Company agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent, Agent or such Issuing Lender or such Issuing Lender, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent, Agent or any Issuing Lender or any Issuing Lender in such currency, the Administrative Agent, Agent or such Issuing Lender or such Issuing Lender, as the case may be, agrees to return the amount of any excess to the Borrower (or to any other Person who may be entitled thereto under applicable law)Company.

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which which, in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that the date on which final judgment is given. The obligation of the Borrower each Obligor in respect of any such sum due from it to the Administrative Agent, any Issuing Lender LC Issuer or any Lender hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that the currency in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, such Issuing Lender Agent (for itself or such on behalf of LC Issuer or a Lender, as the case may be, ) of any sum adjudged to be so due in the Judgment Currency, the Administrative AgentAgent may, such Issuing Lender or such Lender, as the case may be, may in accordance with normal banking procedures procedures, purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent, any Issuing Lender LC Issuer, or any a Lender from the Borrower any Obligor in the Agreement Currency, the such Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent, such Issuing Lender or such LC Issuer, and each Lender, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent, any Issuing Lender LC Issuer, or any a Lender in such currency, the Administrative Agent, such Issuing Lender LC Issuer, or such Lender, as the case may be, agrees to return the amount of any excess to the such Borrower (or to any other Person who may be entitled thereto under applicable lawApplicable Law).

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower in respect of any such sum due from it to the Administrative Agent, any Issuing Lender Agent or any Lender hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent, any Issuing Lender Agent or any Lender from the Borrower in the Agreement Currency, the Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent, any Issuing Lender Agent or any Lender in such currency, the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, agrees to return the amount of any excess to the Borrower (or to any other Person who may be entitled thereto under applicable lawApplicable Law).

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or under any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the each Borrower in respect of any such sum due from it to the Administrative Agent, any Issuing Lender or any Lender the L/C Issuer hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, such Issuing Lender or such Lenderthe L/C Issuer, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent, such Issuing Lender or such Lenderthe L/C Issuer, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent, any Issuing Lender or the L/C Issuer from any Lender from the Borrower in the Agreement Currency, the such Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent, such Issuing Lender or such Lenderthe L/C Issuer, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent, any Issuing Lender or any Lender the L/C Issuer in such currency, the Administrative Agent, such Issuing Lender or such Lenderthe L/C Issuer, as the case may be, agrees to return the amount of any excess to the such Borrower (or to any other Person who may be entitled thereto under applicable law). The agreement in this Section 10.20 shall survive the termination of the Aggregate Commitments and the repayment, satisfaction or discharge of all other Obligations.

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or under any other Loan Document in one the currency expressed to be payable therein (the “Judgment Currency”) into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency Judgment Currency with such other currency at the Administrative Agent’s main New York City office on the Business Day preceding that on which final judgment is given. The obligation of the Borrower in respect of any such sum due from it to the Administrative Agent, any Issuing Lender Agent or any Lender hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) Currency other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent, any Issuing Lender Agent or any Lender from the Borrower in the Agreement Currency, the Borrower agrees, to the fullest extent that it may effectively do so, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent, any Issuing Lender Agent or any Lender in such currencyJudgment Currency, the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, agrees to return the amount of any excess to the Borrower (or to any other Person who may be entitled thereto under applicable law).

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or under any other Loan Credit Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower in respect of any such sum due from it to either the Administrative Agent, any Issuing Lender Agent or any Lender hereunder or under the any other Loan Documents Credit Document shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, Lender of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, Lender may in accordance with normal banking procedures in the relevant jurisdiction purchase the Agreement Currency with the Judgment Currency. If ; if the amount of the Agreement Currency so purchased is less than the sum originally adjudged to be due to the Administrative Agent, any Issuing Agent or such Lender or any Lender from the Borrower in the Agreement CurrencyCurrency (as converted on the date of final judgment), the Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, Lender against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally adjudged to be due to the Administrative Agent, any Issuing Lender Agent or any such Lender in such currency, the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, Lender agrees to return the amount of any excess to the Borrower (or to any other Person who may be entitled thereto under applicable law). The obligations of Borrower contained in this Section 9.14 shall survive the termination of this Agreement and the payment of all other amounts owing hereunder.

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower any Loan Party in respect of any such sum due from it to the Administrative Agent, any Issuing Lender Bank or any Lender hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, such Issuing Lender Bank or such Lender, Lender (as the case may be, applicable) of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent, such Issuing Lender Bank or such Lender, Lender (as the case may be, applicable) may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent, such Issuing Bank or such Lender (as applicable) from any Issuing Lender or any Lender from the Borrower Loan Party in the Agreement Currency, the Borrower agreesBorrowers agree jointly and severally, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent, such Issuing Lender Bank or such Lender, Lender (as the case may be, applicable) or such other person to whom such obligation was owing against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent, any such Issuing Bank or such Lender or any Lender (as applicable) in such currency, the Administrative Agent, such Issuing Lender Bank or such Lender, Lender (as the case may be, applicable) agrees to return the amount of any excess to the Borrower such Loan Party (or to any other Person person who may be entitled thereto under applicable law).

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower in respect of any such sum due from it to the Administrative Agent, any Issuing Lender or any Lender the Issuing Bank hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, such Issuing Lender or such Lenderthe Issuing Bank, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent, such Issuing Lender or such Lenderthe Issuing Bank, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent, any Issuing Lender or any Lender the Issuing Bank from the Borrower in the Agreement Currency, the Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent, such Issuing Lender or such Lenderthe Issuing Bank, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent, any Issuing Lender or any Lender the Issuing Bank in such currency, the Administrative Agent, such Issuing Lender or such Lenderthe Issuing Bank, as the case may be, agrees to promptly return the amount of any excess to the Borrower (or to any other Person who may be entitled thereto under applicable law).

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due from any Borrower hereunder or any other Loan Document in one the currency expressed to be payable herein (the “Specified Currency”) into another currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency Specified Currency with such other currency at the Administrative Agent’s office in New York, New York on the Business Day preceding that on which final the final, non-appealable judgment is given. The obligation obligations of the each Borrower in respect of any such sum due from it to any Lender or the Administrative Agent, any Issuing Lender or any Lender Agent hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Specified Currency”), be discharged only to the extent that on the Business Day following receipt by such Lender or the Administrative Agent, such Issuing Lender or such Lender, Agent (as the case may be, ) of any sum adjudged to be so due in the Judgment Currency, such other currency such Lender or the Administrative Agent, such Issuing Lender or such Lender, Agent (as the case may be, ) may in accordance with normal normal, reasonable banking procedures purchase the Agreement Specified Currency with the Judgment Currencysuch other currency. If the amount of the Agreement Specified Currency so purchased is less than the sum originally due to such Lender or the Administrative Agent, any Issuing Lender or any Lender from as the Borrower case may be, in the Agreement Specified Currency, the each Borrower agrees, to the fullest extent that it may effectively do so, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or the Administrative Agent, such Issuing Lender or such Lender, as the case may be, against such loss. If , and if the amount of the Agreement Specified Currency so purchased is greater than exceeds (a) the sum originally due to any Lender or the Administrative Agent, as the case may be, in the Specified Currency and (b) any Issuing amounts shared with other Lenders as a result of allocations of such excess as a disproportionate payment to such Lender under Section 13.02, such Lender or any Lender in such currency, the Administrative Agent, such Issuing Lender or such Lender, as the case may be, agrees to return the amount of any remit such excess to the Borrower (or to any other Person who may be entitled thereto under applicable law)such Borrower.

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the each Borrower in respect of any such sum due from it to the Administrative Agent, any Issuing Lender the L/C Issuer or any Lender hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, such Issuing Lender the L/C Issuer or such Lender, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent, such Issuing Lender the L/C Issuer or such Lender, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent, any Issuing Lender the L/C Issuer or any Lender from the any Borrower in the Agreement Currency, the such Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent, such Issuing Lender the L/C Issuer or such Lender, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent, any Issuing Lender the L/C Issuer or any Lender in such currency, the Administrative Agent, such Issuing Lender the L/C Issuer or such Lender, as the case may be, agrees to return the amount of any excess to the such Borrower (or to any other Person who may be entitled thereto under applicable law).

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or under any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower and each other Loan Party in respect of any such sum due from it to the Administrative Agent, any Issuing Lender the L/C Issuer or any Lender hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent, any Issuing Lender Agent or any Lender from the Borrower or any other Loan Party in the Agreement Currency, the Borrower and each other Loan Party agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent, such Issuing Lender the L/C Issuer or such Lender, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent, any Issuing Lender the L/C Issuer or any such Lender in such currency, the Administrative Agent, such Issuing Lender the L/C Issuer or such Lender, as the case may be, agrees to return the amount of any excess to the Borrower or such other Loan Party (or to any other Person who may be entitled thereto under applicable lawApplicable Law). All of the Borrower’s and each other Loan Party’s obligations under this Section 11.19 shall survive termination of the Aggregate Commitments and repayment of all other Obligations hereunder.

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or under any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the each Borrower in respect of any such sum due from it to the Administrative Agent, the Collateral Agent, any Issuing Lender or any Lender the L/C Issuer hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, the Collateral Agent, such Issuing Lender or such Lenderthe L/C Issuer, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent, the Collateral Agent, such Issuing Lender or such Lenderthe L/C Issuer, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent, the Collateral Agent, any Issuing Lender or the L/C Issuer from any Lender from the Borrower in the Agreement Currency, the such Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent, the Collateral Agent, such Issuing Lender or such Lenderthe L/C Issuer, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent, the Collateral Agent, any Issuing Lender or any Lender the L/C Issuer in such currency, the Administrative Agent, the Collateral Agent, such Issuing Lender or such Lenderthe L/C Issuer, as the case may be, agrees to return the amount of any excess to the such Borrower (or to any other Person who may be entitled thereto under applicable law). The agreement in this Section 10.20 shall survive the termination of the Aggregate Commitments and the repayment, satisfaction or discharge of all other Obligations.

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower in respect of any such sum due from it to the Administrative Agent, any Issuing Lender Agent or any Lender hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent, any Issuing Lender Agent or any Lender from the Borrower in the Agreement Currency, the Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent, any Issuing Lender Agent or any Lender in such currency, the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, agrees to return the amount of any excess to the Borrower (or to any other Person who may be entitled thereto under applicable law).

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower Borrowers in respect of any such sum due from it to the Administrative Agent, any the Issuing Lender Bank or any Lender hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, such the Issuing Lender Bank or such Lender, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent, such the Issuing Lender Bank or such Lender, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent, any the Issuing Lender Bank or any Lender from the Borrower Borrowers in the Agreement Currency, the Borrower Borrowers agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent, such the Issuing Lender Bank or such Lender, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent, any the Issuing Lender Bank or any Lender in such currency, the Administrative Agent, such the Issuing Lender Bank or such Lender, as the case may be, agrees to return the amount of any excess to the Borrower Borrowers (or to any other Person who may be entitled thereto under applicable law).

Judgment Currency. If, (a) If for the purposes of obtaining judgment in any court, court it is necessary to convert a sum due hereunder or in any other Loan Document in one currency into (the “Original Currency”) to another currencycurrency (the “Other Currency”), the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency Spot Rate on the second Business Day preceding that on which final judgment is given. . (b) The obligation of the Borrower Borrowers, the Servicer, the Performance Guarantor or any Originator, as the case may be, in respect of any such sum due in the Original Currency from it to any Lender, any Managing Agent or the Administrative Agent, any Issuing Lender or any Lender Agent hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment any Other Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, such Issuing Lender or such Lender, Managing Agent or Administrative Agent (as the case may be, ) of any sum adjudged to be so due in the Judgment such Other Currency, the Administrative Agent, such Issuing Lender or such Lender, such Managing Agent or the Administrative Agent (as the case may be, ) may in accordance with normal banking procedures purchase the Agreement Original Currency with the Judgment such Other Currency. If ; if the amount of the Agreement Original Currency so purchased is less than the sum originally due to such Lender, such Managing Agent or the Administrative Agent, any Issuing Lender or any Lender from Agent (as the Borrower case may be) in the Agreement Original Currency, the Borrower Borrowers, the Servicer or the Performance Guarantor, as the case may be, agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender, such Managing Agent or the Administrative AgentAgent (as the case may be) against any loss resulting from such purchase or from the inability to effect such purchase, and if the amount of the Original Currency so purchased exceeds the sum originally due to any Lender, any Managing Agent or the Administrative Agent (as the case may be) in the Original Currency, such Issuing Lender lender, such Managing Agent or such Lenderthe Administrative Agent (as the case may be) agrees to remit to the Borrowers, the Servicer or the Performance Guarantor, as the case may be, against such loss. If excess. (c) For purposes of this Section 12.20, “Spot Rate” means, as of any date of determination with respect to the conversion of an amount in the Original Currency to an Other Currency, the rate of exchange quoted by the Administrative Agent’s principal office in New York City prior to 4:00 p.m. (New York City time) on such date of determination to prime banks in New York, New York (or the other applicable market), as appropriate, for the spot purchase in the foreign exchange market of such city of such amount of the Agreement Original Currency so purchased is greater than the sum originally due to the Administrative Agent, any Issuing Lender or any Lender in with such currency, the Administrative Agent, such Issuing Lender or such Lender, as the case may be, agrees to return the amount of any excess to the Borrower (or to any other Person who may be entitled thereto under applicable law)Other Currency.

Judgment Currency. IfThis is a loan transaction in which the specification of a foreign currency or Dollars is of the essence, and the stipulated currency shall in each instance be the currency of account and payment in all instances. A payment obligation in one currency hereunder (the “Original Currency”) shall not be discharged by an amount paid in another currency (the “Other Currency”), whether pursuant to any judgment expressed in or converted into any Other Currency or in another place except to the extent that such tender or recovery results in the effective receipt by a party hereto of the full amount of the Original Currency payable to such party. If for the purposes purpose of obtaining judgment in any court, court it is necessary to convert a sum due hereunder or any other Loan Document in one currency the Original Currency into another currencythe Other Currency, the rate of exchange used that shall apply shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is givenapplicable Spot Rate. The obligation of the Borrower and the Subsidiaries in respect of any such sum due from it to the Administrative Agent, any Issuing Lender Bank or any Lender hereunder or under the other any Loan Documents Document (in this Section 10.20 called an “Entitled Person”) shall, notwithstanding any judgment the rate of exchange actually applied in a currency (the “Judgment Currency”) other than that in which rendering such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”)judgment, be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, such Issuing Lender or such Lender, as the case may be, Entitled Person of any sum adjudged to be so due hereunder in the Judgment Currency, the Administrative Agent, Other Currency such Issuing Lender or such Lender, as the case may be, Entitled Person may in accordance with normal banking procedures purchase the Agreement Original Currency with the Judgment Currency. If the amount of the Agreement Currency judgment currency so purchased is less than adjudged to be due; and the sum originally due to the Administrative Agent, any Issuing Lender or any Lender from the Borrower in the Agreement Currency, the Borrower agreesBorrower, as a separate obligation and notwithstanding any such judgment, agrees to indemnify such Entitled Person against, and to pay such Entitled Person on demand, in the Administrative AgentOriginal Currency, such Issuing Lender or such Lender, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than (if any) by which the sum originally due to such Entitled Person in the Administrative Agent, any Issuing Lender or any Lender in such currency, the Administrative Agent, such Issuing Lender or such Lender, as the case may be, agrees to return Original Currency hereunder exceeds the amount of any excess to the Borrower (or to any other Person who may be entitled thereto under applicable law)Other Currency so purchased.

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower each Grantor in respect of any such sum due from it to the Administrative Agent, any Issuing Lender Agent or any Lender hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent, any Issuing Lender Agent or any Lender from the Borrower any Grantor in the Agreement Currency, the Borrower such Grantor agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent, any Issuing Lender Agent or any Lender in such currency, the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, agrees to return the amount of any excess to the Borrower such Grantor (or to any other Person who may be entitled thereto under applicable law).

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower in respect of any such sum due from it to the Administrative Agent, any Issuing Lender or any Lender the L/C Issuer hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, such Issuing Lender or such Lenderthe L/C Issuer, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent, such Issuing Lender or such Lenderthe L/C Issuer, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If To the extent permitted by Applicable Law, if the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent, any Issuing Lender or any Lender Agent from the Borrower in the Agreement CurrencyCurrency after taking into account any set-offs or counterclaims of any Loan Party against the Person to whom such obligation was owing on which a final judgment has been rendered, the Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent, such Issuing Lender or such Lenderthe L/C Issuer, as the case may be, to whom such obligation was owing against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent, any Issuing such Lender or any Lender in such currency, the Administrative Agent, such Issuing Lender or such LenderL/C Issuer, as the case may be, in such currency, the Administrative Agent agrees to return the amount of any excess to the Borrower (or to any other Person who may be entitled thereto under applicable lawApplicable Law).

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which which, in accordance with normal banking procedures procedures, any applicable Fronting L/C Issuer, the Several L/C Agent or the Administrative Agent Agent, as may be the case, could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the each Borrower in respect of any such sum due from it to any Fronting L/C Issuer, the Several L/C Agent or the Administrative Agent, any Issuing Lender or any Lender as may be the case, hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by such Fronting L/C Issuer, the Several L/C Agent or the Administrative Agent, such Issuing Lender or such Lender, as may be the case may becase, of any sum adjudged to be so due in the Judgment Currency, such Fronting L/C Issuer, the Several L/C Agent or the Administrative Agent, such Issuing Lender or such Lender, as may be the case may becase, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to such Fronting L/C Issuer, the Several L/C Agent or the Administrative Agent, as may be the case, from any Issuing Lender or any Lender from the Borrower in the Agreement Currency, the such Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Fronting L/C Issuer, the Several L/C Agent or the Administrative Agent, such Issuing Lender or such Lender, as may be the case may becase, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to such Fronting L/C Issuer, the Several L/C Agent or the Administrative Agent, any Issuing Lender or any Lender as may be the case, in such currency, such Fronting L/C Issuer, the Several L/C Agent or the Administrative Agent, such Issuing Lender or such Lender, as may be the case may becase, agrees to return the amount of any excess to the such Borrower (or to any other Person who may be entitled thereto under applicable law).

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the each Borrower in respect of any such sum due from it to the Administrative Agent, any Issuing Lender Agent or any the Lender hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent, any Issuing Lender Agent or any Lender from the any Borrower in the Agreement Currency, the such Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent, such Issuing Lender or such Lender, as the case may be, Agent against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent, any Issuing Lender Agent or any Lender in such currency, the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, agrees to return the amount of any excess to the such Borrower (or to any other Person who may be entitled thereto under applicable law).

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Credit Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower each Credit Party in respect of any such sum due from it to the Administrative Agent, any Issuing Lender or any Lender Issuing Bank hereunder or under the other Loan Credit Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Credit Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, such Issuing Lender or such LenderIssuing Bank, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent, such Issuing Lender or such LenderIssuing Bank, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent, any Issuing Lender or any Lender Issuing Bank from the Borrower any Credit Party in the Agreement Currency, the Borrower such Credit Party agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent, such Issuing Lender or such LenderIssuing Bank, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent, any Issuing such Lender or any Lender such Issuing Bank in such currency, the Administrative Agent, such Issuing Lender or such LenderIssuing Bank, as the case may be, agrees to return the amount of any excess to the Borrower such Credit Party (or to any other Person who may be entitled thereto under applicable law).

Judgment Currency. If17.1.1 If for any purpose, for including the purposes obtaining of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document from the currency in one currency which it is payable (the “Payment Currency”) into another currencycurrency (the “Judgment Currency”), the parties hereto agree, to the fullest extent that they may lawfully and effectively do so, that the rate of exchange used shall be that at which which, in accordance with normal banking procedures procedures, the Administrative Agent could purchase the first currency Payment Currency with such other currency the Judgment Currency in the New York foreign exchange market on the Business Day preceding that on which the date of final judgment is given. or other determination. 17.1.2 The obligation of the Borrower Obligors in respect of any such sum due from it any of them to the Lenders or the Administrative Agent, any Issuing Lender or any Lender Agent hereunder or under the other Loan Documents shall, notwithstanding any judgment or payment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Payment Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, such Issuing Lender or such Lender, as the case may be, Agent of any sum so paid or adjudged to be so due in the Judgment Currency, Currency the Administrative Agent, such Issuing Lender or such Lender, as the case may be, Agent may in accordance with normal banking procedures procedures, purchase the Agreement Payment Currency with the Judgment Currency. If the amount of the Agreement Judgment Currency so paid or adjudged to be due; if the amount in the Payment Currency so purchased is less than the sum originally due to the Lenders and the Administrative Agent, any Issuing Lender or any Lender from the Borrower Agent in the Agreement Payment Currency, the Borrower agreesObligors agree, as a separate obligation and additional cause of action and notwithstanding any such payment or judgment, to indemnify the Lenders and the Administrative Agent, such Issuing Lender or such Lender, as the case may be, Agent against such loss. If loss and if the amount of in the Agreement Payment Currency so purchased is greater than exceeds the sum originally due to the Lenders and the Administrative Agent, any Issuing Lender or any Lender Agent in such currencythe Payment Currency, the Lenders and the Administrative Agent, such Issuing Lender or such Lender, as the case may be, agrees Agent agree to return the amount of any excess remit to the Borrower (or to any other Person who may be entitled thereto under applicable law)Obligors such excess.

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one the currency denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”) into another currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency Agreement Currency with such other currency at the Administrative Agent’s main New York City office on the Business Day preceding that on which final final, non-appealable judgment is given. The obligation obligations of the Borrower each Loan Party in respect of any such sum due from it to the Administrative Agent, any Issuing Lender Agent or any Lender the Lenders hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by such Lender or the Administrative Agent, such Issuing Lender or such Lender, Agent (as the case may be, ) of any sum adjudged to be so due in the Judgment Currency, such Lender or the Administrative Agent, such Issuing Lender or such Lender, Agent (as the case may be, ) may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to such Lender or the Administrative Agent, any Issuing Lender or any Lender from as the Borrower case may be, in the Agreement Currency, the Borrower agreesLoan Parties agree, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or the Administrative Agent, such Issuing Lender or such Lenderother person to whom such obligation was owing, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than (a) the sum originally due to any Lender or the Administrative Agent, as the case may be, in the Agreement Currency and (b) any Issuing amounts shared with other Lenders as a result of allocations of such excess as a disproportionate payment to such Lender under Section 2.16, such Lender or any Lender in such currency, the Administrative Agent, such Issuing Lender or such Lender, as the case may be, agrees to return the amount of any excess to the Borrower (or to any other Person who may be entitled thereto under applicable law)respective Loan Party.

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due Each Credit Party’s obligation hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower in respect of any such sum due from it to the Administrative Agent, any Issuing Lender or any Lender hereunder or and under the other Loan Documents shall, notwithstanding to make payments in Dollars shall not be discharged or satisfied by any tender or recovery pursuant to any judgment expressed in a or converted into any currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”)Dollars, be discharged only except to the extent that on such tender or recovery results in the Business Day following effective receipt by the Administrative Agent, such the Issuing Lender or the respective Lender of the full amount of Dollars expressed to be payable to the Administrative Agent, the Issuing Lender or such LenderLender under this Agreement or the other Loan Documents. If, for the purpose of obtaining or enforcing judgment against any Credit Party in any court or in any jurisdiction, it becomes necessary to convert into or from any currency other than Dollars (such other currency being hereinafter referred to as the case may be“Judgment Currency”), of any sum adjudged to be so an amount due in Dollars, the Judgment Currencyconversion shall be made, at the rate of exchange quoted by the Administrative Agent (or, if the Administrative Agent does not quote a rate of exchange on such currency, by a known dealer in such currency designated by the Administrative Agent), such Issuing Lender or such Lenderdetermined, in each case, as of the case may be, may in accordance with normal banking procedures purchase Business Day on which the Agreement Currency with the Judgment Currencyjudgment is given. If the amount of the Agreement Currency Dollars so purchased is less than the sum originally due to the Administrative Agent, any the Issuing Lender or any Lender from the Borrower in the Agreement CurrencyBorrowers, the each Borrower agrees, jointly and severally, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent, such the Issuing Lender or such Lender, as the case may be, against such loss. If the amount of the Agreement Currency Dollars so purchased is greater than the sum originally due to the Administrative Agent, any the Issuing Lender or any Lender in such currencyLender, the Administrative Agent, such the Issuing Lender or such Lender, as the case may be, agrees to return the amount of any excess to the Borrower Borrowers (or to any other Person who may be entitled thereto under applicable lawApplicable Law). For purposes of determining any rate of exchange for this Section 11.22, such amounts shall include any premium and costs payable in connection with the purchase of Dollars.

Judgment Currency. If, If for the purposes purpose of obtaining judgment in any court, court it is necessary to convert a sum due from a Borrower hereunder or any other Loan Document in one the currency expressed to be payable herein (the “specified currency”) into another currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first specified currency with other such other currency at the Administrative Agent’s New York Office on the Business Day preceding that is on or immediately following the day on which final judgment is given. The obligation obligations of the Borrower Borrowers in respect of any such sum due from it to any Lender, the Administrative Agent, any Issuing Lender the Multi-Currency Payment Agent or any Lender the Canadian Administrative Agent hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”)specified currency, be discharged only to the extent that on the Business Day following receipt by such Lender, the Administrative Agent, such Issuing Lender the Multi-Currency Payment Agent or such Lenderthe Canadian Administrative Agent, as the case may be, of any sum adjudged to be so due in the Judgment Currencysuch other currency, such Lender, the Administrative Agent, such Issuing Lender the Multi-Currency Payment Agent or such Lender, the Canadian Administrative Agent as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency specified currency with the Judgment Currencysuch other currency. If the amount of the Agreement Currency specified currency so purchased is less than the sum originally due to such Lender, the Administrative Agent, any Issuing Lender the Multi-Currency Payment Agent or any Lender from the Borrower Canadian Administrative Agent, as the case may be, in the Agreement Currencyspecified currency, each of the Borrower Borrowers agrees, to the fullest extent it may effectively do so, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender, the Administrative Agent, such Issuing Lender the Multi-Currency Payment Agent or such Lenderthe Canadian Administrative Agent, as the case may be, against such loss. If , and if the amount of the Agreement Currency specified currency so purchased is greater than exceeds the sum originally due to any Lender, the Administrative Agent the Multi-Currency Payment Agent or the Canadian Administrative Agent, as the case may be, in the specified currency, such Lender or the Administrative Agent, any Issuing Lender or any Lender in such currencythe Multi-Currency Payment Agent, or the Canadian Administrative Agent, such Issuing Lender or such Lender, as the case may be, agrees to return the amount of any remit such excess to the Borrower (or to any other Person who may be entitled thereto under applicable law)Borrowers.

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one the currency denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”) into another currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency Agreement Currency with such other currency at the Administrative Agent’s main New York City office on the Business Day preceding that on which final final, non-appealable judgment is given. The obligation obligations of the Borrower each Loan Party in respect of any such sum due from it to the Administrative Agent, any Issuing Lender Agent or any Lender the Lenders hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by such Lender or the Administrative Agent, such Issuing Lender or such Lender, Agent (as the case may be, ) of any sum adjudged to be so due in the Judgment Currency, such Lender or the Administrative Agent, such Issuing Lender or such Lender, Agent (as the case may be, ) may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to such Lender or the Administrative Agent, any Issuing Lender or any Lender from as the Borrower case may be, in the Agreement Currency, the Borrower agreesLoan Parties agree, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or the Administrative Agent, such Issuing Lender or such Lenderother person to whom such obligation was owing, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than (a) the sum originally due to any Lender or the Administrative Agent, as the case may be, in the Agreement Currency and (b) any Issuing amounts shared with other Lenders as a result of allocations of such excess as a disproportionate payment to such Lender under Section 2.18, such Lender or any Lender in such currency, the Administrative Agent, such Issuing Lender or such Lender, as the case may be, agrees to return the amount of any excess to the Borrower (or to any other Person who may be entitled thereto under applicable law)respective Loan Party.

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or under any other Loan Credit Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of each of the Borrower applicable Borrowers in respect of any such sum due from it to either the Administrative Agent, any Issuing Lender Agent or any Lender hereunder or under the any other Loan Documents Credit Document shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, Lender of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, Lender may in accordance with normal banking procedures in the relevant jurisdiction purchase the Agreement Currency with the Judgment Currency. If ; if the amount of the Agreement Currency so purchased is less than the sum originally adjudged to be due to the Administrative Agent, any Issuing Agent or such Lender or any Lender from the Borrower in the Agreement CurrencyCurrency (as converted on the date of final judgment), the Borrower agreesBorrowers agree, jointly and severally, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, Lender against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally adjudged to be due to the Administrative Agent, any Issuing Lender Agent or any such Lender in such currency, the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, Lender agrees to return the amount of any excess to the Borrower Borrowers (or to any other Person who may be entitled thereto under applicable law). The obligations of the Borrowers contained in this Section 9.14 shall survive the termination of this Agreement and the payment of all other amounts owing hereunder.

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the each Borrower in respect of any such sum due from it to the Administrative Agent, any Issuing Lender the L/C Issuer or any Lender hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, such Issuing Lender the L/C Issuer or such Lender, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent, such Issuing Lender the L/C Issuer or such Lender, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent, any Issuing Lender the L/C Issuer or any Lender from the any Borrower in the Agreement Currency, the such Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent, such Issuing Lender the L/C Issuer or such Lender, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent, any Issuing Lender the L/C Issuer or any Lender in such currency, the Administrative Agent, such Issuing Lender the L/C Issuer or such Lender, as the case may be, agrees to return the amount of any excess to the such Borrower (or to any other Person who may be entitled thereto under applicable lawApplicable Law).

Judgment Currency. (a) If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder under any of the Loan Documents to the Administrative Agent or any other Loan Document Lender in one any currency (the "Original Currency") into another currencycurrency (the "Other Currency"), the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent or such Lender, as the case may be, could purchase the first currency Original Currency with such other currency the Other Currency on the Business Day preceding that on which final judgment is given. paid or satisfied. (b) The obligation obligations of the Borrower in respect of any such sum due in the Original Currency from it to the Administrative Agent, any Issuing Lender Agent or any Lender hereunder or under any of the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment any Other Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, Lender of any sum adjudged to be so due in the Judgment such Other Currency, the Administrative Agent, such Issuing Lender or such Lender, as the case may be, may in accordance with normal banking procedures purchase the Agreement Original Currency with the Judgment such Other Currency. If the amount of the Agreement Original Currency so purchased is less than the sum originally due to the Administrative AgentAgent or the Lender, any Issuing Lender or any Lender from as the Borrower case may be, in the Agreement Original Currency, the Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, against such loss. If , and if the amount of the Agreement Original Currency so purchased is greater than exceeds the sum originally due to the Administrative Agent, any Issuing Lender or any Lender in such currency, the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, agrees in the Original Currency, the Administrative Agent and such Lender, as the case may be, agree to return the amount of any remit such excess to the Borrower (or to any other Person who may be entitled thereto under applicable law)Borrower.

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower in respect of any such sum due from it to the Administrative Agent, any Issuing Lender Bank or any Lender hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, such Issuing Lender Bank or such Lender, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent, such Issuing Lender Bank or such Lender, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent, any Issuing Lender Bank or any Lender from the Borrower in the Agreement Currency, the Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent, such Issuing Lender Bank or such Lender, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent, any Issuing Lender Bank or any Lender in such currency, the Administrative Agent, such Issuing Lender Bank or such Lender, as the case may be, agrees to return the amount of any excess to the Borrower (or to any other Person who may be entitled thereto under applicable law).

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one (1) currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the each Borrower Party in respect of any such sum due from it to the Administrative Agent, any Issuing Lender Letter of Credit Issuer or any Lender hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Credit Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, such Issuing Lender Letter of Credit Issuer or such Lender, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent, such Issuing Lender Letter of Credit Issuer or such Lender, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent, any Issuing Lender Letter of Credit Issuer or any Lender from the any Borrower Party in the Agreement Currency, the such Borrower Party agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent, such Issuing Lender Letter of Credit Issuer or such Lender, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent, any Issuing Lender Letter of Credit Issuer or any Lender in such currency, the Administrative Agent, such Issuing Lender Letter of Credit Issuer or such Lender, as the case may be, agrees to return the amount of any excess to the such Borrower Party (or to any other Person who may be entitled thereto under applicable law).

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency Spot Rate on the Business Day preceding that on which final judgment is given. The obligation of the Borrower each Loan Party in respect of any such sum due from it to the Administrative Agent, any Issuing Lender Agent or any Lender hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent, any Issuing Lender Agent or any Lender from the any Borrower in the Agreement Currency, the Borrower such Loan Party agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent, any Issuing Lender Agent or any Lender in such currency, the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, agrees to return the amount of any excess to the Borrower such Loan Party (or to any other Person who may be entitled thereto under applicable law).

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the each Borrower in respect of any such sum due from it to the Administrative Agent, any Issuing Lender Agent or any Lender hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) Currency other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent, any Issuing Lender Agent or any Lender from the any Borrower in the Agreement Currency, the such Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent, any Issuing Lender Agent or any Lender in such currency, the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, agrees to return the amount of any excess to the such Borrower (or to any other Person who may be entitled thereto under applicable law).

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used to do so shall be that at which which, in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that the date on which final judgment is given, as determined by Administrative Agent in its discretion. The obligation of the Borrower each Obligor in respect of any such sum due from it to the Administrative Agent, any Issuing Lender LC Issuer or any Lender hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that the currency in which such sum is denominated in accordance with the applicable provisions of this Agreement or any other Loan Document (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, such Issuing Lender Agent (for itself or such on behalf of LC Issuer or a Lender, as the case may be, ) of any sum adjudged to be so due in the Judgment Currency, the Administrative AgentAgent may, such Issuing Lender or such Lender, as the case may be, may in accordance with normal banking procedures procedures, purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent, any Issuing Lender LC Issuer, or any a Lender from the Borrower any Obligor in the Agreement Currency, the such Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent, such Issuing Lender or such LC Issuer, and each Lender, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent, any Issuing Lender LC Issuer, or any a Lender in such currency, the Administrative Agent, such Issuing Lender LC Issuer, or such Lender, as the case may be, agrees to return the amount of any excess to the such Borrower (or to any other Person who may be entitled thereto under applicable lawApplicable Law).

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal and customary banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower in respect of any such sum due from it to the Administrative Agent, any Issuing Lender Agent or any Lender hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (hereinafter referred to as the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (hereinafter referred to as the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent, any Issuing Lender Agent or any Lender from the Borrower in the Agreement Currency, the Borrower hereby covenants and agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent, any Issuing Lender Agent or any Lender in such currency, the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, agrees to return the amount of any excess to the Borrower (or to any other Person who may be entitled thereto under applicable law).

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, each party hereto agrees that the rate of exchange used shall be that at which in accordance with normal banking procedures the Exchange Rate determined by the Administrative Agent could purchase the first currency with such other currency on as of the Business Day immediately preceding that the day on which final judgment is given. The obligation of the Borrower in respect of any such sum due from it to the Administrative Agent, any the Issuing Lender Bank or any Lender the Lenders hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that the currency in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, such Issuing Lender or such Lender, as the case may be, Agent of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent, such Issuing Lender or such Lender, as the case may be, Agent may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent, any the Issuing Lender Bank or any Lender from the Borrower in the Agreement Currency, the Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent, such Issuing Agent or the Lender or Issuing Bank to whom such Lender, as the case may be, obligation was owing against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent, any the Issuing Lender Bank or any such Lender in such currency, the Administrative Agent, such Issuing Lender or such Lender, as the case may be, Agent agrees to return return, within two Business Days, the amount of any excess to the Borrower (or to any other Person who may be entitled thereto under applicable law). (n) The proviso in Section 5.09 is hereby amended and restated in its entirety as follows: provided however that Revolving Advances may not be made and Letters of Credit may not be issued to support contingent obligations, assessments and appeal bonds related to Contested Mexican Tax Assessments other than Letters of Credit, the Dollar Equivalent of the aggregate principal amount at any one time outstanding of which do not exceed the Peso Denominated Letter of Credit Sublimit. (o) Exhibit F is hereby amended and restated in its entirety as set forth in Annex A attached hereto.

Judgment Currency. (a) If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one under the Notes from a currency (the “Original Currency”) into another currencycurrency (the “Other Currency”), the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency Original Currency with such other currency the Other Currency at its office in London, England on the second Eurocurrency Business Day preceding that the day on which final judgment is given. . (b) The obligation of the any Borrower in respect of any such sum due in the Original Currency from it to any Lender or the Administrative Agent, any Issuing Lender or any Lender Agent hereunder or under the other Loan Documents Note held by such Lender shall, notwithstanding any judgment in a currency (the “Judgment any Other Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only if and to the extent that on the Eurocurrency Business Day following receipt by such Lender or the Administrative Agent, such Issuing Lender or such Lender, as the case may be, Agent of any sum adjudged to be so due in the Judgment Currency, such Other Currency such Lender or the Administrative Agent, such Issuing Lender or such Lender, as the case may be, Agent may in accordance with normal banking procedures purchase such amount of the Agreement Original Currency with such Other Currency at its office in London, England which the Judgment Currency. If Administrative Agent could have purchased on the second Eurocurrency Business Day preceding the day on which the final judgment referred to in Section 11.18(a) is given; if the amount of the Agreement Original Currency so purchased is less than the sum originally due to amount of the Original Currency which the Administrative AgentAgent could have purchased on the second Eurocurrency Business Day preceding the day on which such final judgment is given, any Issuing Lender or any Lender from the Borrower in the Agreement Currency, the such Borrower agrees, as a separate obligation Obligations and notwithstanding any such judgment, to indemnify such Lender or the Administrative Agent, such Issuing Lender or such Lender, as the case may be, Agent against such loss. If difference, and if the amount of the Agreement Original Currency so purchased is greater than the sum originally due to the Administrative Agent, any Issuing Lender or any Lender in such currency, the Administrative Agent, such Issuing Lender or such Lender, as the case may be, agrees to return exceeds the amount of any excess the Original Currency which the Administrative Agent could have purchased on the second Eurocurrency Business Day preceding that on which such final judgment is given, such Lender or the Administrative Agent agrees to the remit to such Borrower (or to any other Person who may be entitled thereto under applicable law)such excess.

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Credit Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower Borrowers or Guarantors, as applicable, in respect of any such sum due from it to the Administrative Agent, any LC Issuing Lender Bank or any Lender hereunder or under the other Loan Credit Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, such LC Issuing Lender Bank or such Lender, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent, such LC Issuing Lender Bank or such Lender, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent, any LC Issuing Lender Bank or any Lender from the Borrower Borrowers or Guarantors, as applicable, in the Agreement Currency, the Borrower agreesBorrowers or Guarantors, as applicable, agree, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent, such LC Issuing Lender Bank or such Lender, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent, any LC Issuing Lender Bank or any Lender in such currency, the Administrative Agent, such LC Issuing Lender Bank or such Lender, as the case may be, agrees to return the amount of any excess to the Borrower Borrowers or Guarantors, as applicable (or to any other Person who may be entitled thereto under applicable lawGovernmental Rules).

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Processing Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower in respect of any such sum due from it to the Administrative Agent, any Issuing Lender Processing Agent or any Lender hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, such Issuing Lender Processing Agent or such Lender, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent, such Issuing Lender Processing Agent or such Lender, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent, any Issuing Lender Processing Agent or any Lender from the Borrower in the Agreement Currency, the Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent, such Issuing Lender Processing Agent or such Lender, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent, any Issuing Lender Processing Agent or any Lender in such currency, the Administrative Agent, such Issuing Lender Processing Agent or such Lender, as the case may be, agrees to return the amount of any excess to the Borrower (or to any other Person who may be entitled thereto under applicable lawApplicable Law).

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower in respect of any such sum due from it to the Administrative Agent, any Issuing Lender the L/C Issuer or any Lender hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, such Issuing Lender the L/C Issuer or such Lender, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent, such Issuing Lender the L/C Issuer or such Lender, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent, any Issuing Lender the L/C Issuer or any Lender from the Borrower in the Agreement Currency, the Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent, such Issuing Lender the L/C Issuer or such Lender, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent, any Issuing Lender the L/C Issuer or any Lender in such currency, the Administrative Agent, such Issuing Lender the L/C Issuer or such Lender, as the case may be, agrees to return the amount of any excess to the Borrower (or to any other Person who may be entitled thereto under applicable lawApplicable Law).

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or under any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with the normal banking procedures the Revolving Facility Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower in respect of any such sum due from it them to the Revolving Facility Administrative Agent, any Issuing Lender Agent or any Lender the Lenders hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Revolving Facility Administrative Agent, such Issuing Agent or the relevant Lender or such Lender, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Revolving Facility Administrative Agent, such Issuing Agent or the relevant Lender or such Lender, as the case may be, may in accordance with the normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Revolving Facility Administrative Agent, any Issuing Lender Agent or any such Lender from the Borrower in the Agreement Currency, the Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Revolving Facility Administrative Agent, or the Person to whom such Issuing Lender or such Lender, as the case may be, obligation was owing against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Revolving Facility Administrative Agent, any Issuing Lender Agent or any such Lender in such currency, the Revolving Facility Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, Lender agrees to return the amount of any excess to the Borrower (or to any other Person who may be entitled thereto under applicable law).

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower in respect of any such sum due from it to the Administrative Agent, Agent or any Issuing Lender or any Lender L/C Issuer hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, such Issuing Lender or such LenderL/C Issuer, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent, such Issuing Lender or such LenderL/C Issuer, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent, any Issuing Lender or any Lender L/C Issuer from the Borrower in the Agreement Currency, the Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent, such Issuing Lender or such LenderL/C Issuer, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent, any Issuing Lender or any Lender L/C Issuer in such currency, the Administrative Agent, such Issuing Lender or such LenderL/C Issuer, as the case may be, agrees to return the amount of any excess to the Borrower (or to any other Person who may be entitled thereto under applicable lawLaw).

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower applicable Loan Party in respect of any such sum due from it to the Administrative Agent, any Issuing Lender Agent or any Lender or Issuing Bank hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, Agent or such Issuing Lender or such LenderIssuing Bank, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent, Agent or such Issuing Lender or such LenderIssuing Bank, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent, any Issuing Lender Agent or any Lender or Issuing Bank from the Borrower any Loan Party in the Agreement Currency, the Borrower each Loan Party agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent, Agent or such Issuing Lender or such LenderIssuing Bank, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent, any Issuing Lender Agent or any Lender or Issuing Bank in such currency, the Administrative Agent, Agent or such Issuing Lender or such LenderIssuing Bank, as the case may be, agrees to return the amount of any excess to the Borrower applicable Loan Party (or to any other Person who may be entitled thereto under applicable law).

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower Borrowers in respect of any such sum due from it to the Administrative Agent, any Issuing Lender Agent or any Lender hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent, any Issuing Lender Agent or any Lender from the Borrower Borrowers in the Agreement Currency, the Borrower agreesagree, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent, any Issuing Lender Agent or any Lender in such currencyCurrency, the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, agrees to return the amount of any excess to the Borrower (or to any other Person who may be entitled thereto under applicable Applicable law).

Judgment Currency. IfThis is a loan transaction in which the specification of a Foreign Currency or Dollars is of the essence, and the stipulated currency shall in each instance be the currency of account and payment in all instances. A payment obligation in one currency hereunder (the “Original Currency”) shall not be discharged by an amount paid in another currency (the “Other Currency”), whether pursuant to any judgment expressed in or converted into any Other Currency or in another place except to the extent that such tender or recovery results in the effective receipt by a party hereto of the full amount of the Original Currency payable to such party. If for the purposes purpose of obtaining judgment in any court, court it is necessary to convert a sum due hereunder or any other Loan Document in one currency the Original Currency into another currencythe Other Currency, the rate of exchange used that shall apply shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is givenapplicable Spot Rate. The obligation of the Borrower Company and the Subsidiaries in respect of any such sum due from it to the Administrative Agent, any Issuing Lender Bank or any Lender hereunder or under the other any Loan Documents Document (in this Section 10.20 called an “Entitled Person”) shall, notwithstanding any judgment the rate of exchange actually applied in a currency (the “Judgment Currency”) other than that in which rendering such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”)judgment, be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, such Issuing Lender or such Lender, as the case may be, Entitled Person of any sum adjudged to be so due hereunder in the Judgment Currency, the Administrative Agent, Other Currency such Issuing Lender or such Lender, as the case may be, Entitled Person may in accordance with normal banking procedures purchase the Agreement Original Currency with the Judgment Currency. If the amount of the Agreement Currency judgment currency so purchased is less than adjudged to be due; and the sum originally due to the Administrative Agent, any Issuing Lender or any Lender from the Borrower in the Agreement Currency, the Borrower agreesBorrowers, as a separate obligation and notwithstanding any such judgment, agree to indemnify such Entitled Person against, and to pay such Entitled Person on demand, in the Administrative AgentOriginal Currency, such Issuing Lender or such Lender, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than (if any) by which the sum originally due to such Entitled Person in the Administrative Agent, any Issuing Lender or any Lender in such currency, the Administrative Agent, such Issuing Lender or such Lender, as the case may be, agrees to return Original Currency hereunder exceeds the amount of any excess to the Borrower (or to any other Person who may be entitled thereto under applicable law)Other Currency so purchased.

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower each Loan Party in respect of any such sum due from it to the Administrative Agent, any Issuing Lender the L/C Issuer or any Lender hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, such Issuing Lender the L/C Issuer or such Lender, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent, such Issuing Lender the L/C Issuer or such Lender, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent, any Issuing Lender the L/C Issuer or any Lender from the Borrower any Loan Party in the Agreement Currency, the Borrower such Loan Party agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent, such Issuing Lender the L/C Issuer or such Lender, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent, any Issuing Lender the L/C Issuer or any Lender in such currency, the Administrative Agent, such Issuing Lender the L/C Issuer or such Lender, as the case may be, agrees to return the amount of any excess to the Borrower such Loan Party (or to any other Person who may be entitled thereto under applicable lawApplicable Law).

Judgment Currency. (a) If, for the purposes purpose of obtaining or enforcing judgment against any Loan Party in any courtcourt in any jurisdiction, it is becomes necessary to convert a sum due hereunder or into any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with (such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower being hereinafter in respect of any such sum due from it this Section 9.26 referred to the Administrative Agent, any Issuing Lender or any Lender hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (as the “Judgment Currency”) other than that an amount due under any Loan Document in which such sum is denominated in accordance with the applicable provisions of this Agreement any currency (the “Agreement Obligation Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, such Issuing Lender or such Lender, as the case may be, of any sum adjudged to be so due in ) other than the Judgment Currency, the Administrative Agentconversion shall, such Issuing Lender or such Lenderto the maximum extent permitted by applicable law, as be made at the rate of exchange prevailing on the Business Day immediately preceding the date of actual payment of the amount due, in the case may beof any proceeding in the courts of any jurisdiction that will give effect to such conversion being made on such date, may or the date on which the judgment is given, in accordance with normal banking procedures purchase the Agreement Currency with case of any proceeding in the Judgment Currency. courts of any other jurisdiction. (b) If the amount of the Agreement Obligation Currency so purchased converted is less than the sum originally due to the Administrative Agent, any Issuing Lender Bank or any Lender from the Borrower any Loan Party in the Agreement Obligation Currency, then the Borrower agreesapplicable Loan Party shall, to the maximum extent permitted by applicable law, and as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent, such Issuing Lender Bank or such Lender, as the case may be, against such loss. If the amount of the Agreement Obligation Currency so purchased converted is greater than the sum originally due to the Administrative Agent, any Issuing Lender Bank or any Lender in such currency, the Administrative Agent, such Issuing Lender Bank or such Lender, as the case may be, agrees to return the amount of any excess to the Borrower applicable Loan Party (or to any other Person who may be entitled thereto under applicable law). (c) The term “rate of exchange” in this Section 9.26 means the rate of exchange at which Administrative Agent, on the relevant date at or about 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. If, If for the purposes of obtaining judgment in any court, court it is necessary to convert a sum due hereunder or under the Promissory Notes in any other Loan Document in one currency (the “Original Currency”) into another currencycurrency (the “Other Currency”) the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency Original Currency with such other currency the Other Currency at the Administrative Agent’s main office in New York, New York on the Business Day immediately preceding that on which final judgment is given. The obligation of the Borrower in respect of any such sum due in the Original Currency from it to the Administrative Agentany Lender, any Issuing Lender Bank, the Collateral Agent or any Lender Administrative Agent hereunder or under the any other Loan Documents Document shall, notwithstanding any judgment in a currency (the “Judgment any Other Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, such Issuing Lender or such Lender, Issuing Bank, Collateral Agent or the Administrative Agent (as the case may be, ) of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent, such Issuing Lender or Other Currency such Lender, Issuing Bank, Collateral Agent or Administrative Agent (as the case may be, ) may in accordance with normal banking procedures purchase the Agreement Original Currency with the Judgment such Other Currency. If ; if the amount of the Agreement Original Currency so purchased is less than the sum originally due to such Lender, Issuing Bank, Collateral Agent or Administrative Agent (as the Administrative Agent, any Issuing Lender or any Lender from the Borrower case may be) in the Agreement Original Currency, the Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent, such Issuing Lender or such Lender, Issuing Lender, Collateral Agent or Administrative Agent (as the case may be, ) against such loss. If , and if the amount of the Agreement Original Currency so purchased is greater than exceeds the sum originally due in the Original Currency to the Administrative Agent, any Issuing Lender or any Lender in such currency, the Administrative Agent, such Issuing Lender or such Lender, Issuing Lender, Collateral Agent or Administrative Agent (as the case may be), such Lender, Issuing Lender, Collateral Agent or Administrative Agent (as the case may be) agrees to return the amount of any excess remit to the Borrower (or to any other Person who may be entitled thereto under applicable law)such excess.

Judgment Currency. IfThis is an international loan transaction in which the specification of Canadian Dollars or U.S. Dollars is of the essence, and the stipulated currency shall in each instance be the Currency of account and payment in all instances. A payment obligation in one Currency hereunder (the "Original Currency") shall not be discharged by an amount paid in another currency (the "Other Currency"), whether pursuant to any judgment expressed in or converted into any Other Currency or in another place except to the extent that such tender or recovery results in the effective receipt by the payee of the full amount of the Original Currency payable to it under this Guaranty Agreement. If for the purposes purpose of obtaining judgment in any court, court it is necessary to convert a sum due hereunder or any other Loan Document in one currency the Original Currency into another currencythe Other Currency, the rate of exchange used that shall be applied shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase Original Currency at the first currency Principal Office with such other currency the Other Currency on the Business Day next preceding that the day on which final such judgment is givenrendered. The obligation of the Borrower Guarantor in respect of any such sum due from it to the Administrative Agent, any Issuing Lender Agent or any Lender hereunder or under the any other Loan Documents Document (in this Section 5.06 called an "Entitled Person") shall, notwithstanding any judgment the rate of exchange actually applied in a currency (the “Judgment Currency”) other than that in which rendering such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”)judgment, be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, such Issuing Lender or such Lender, as the case may be, Entitled Person of any sum adjudged to be so due hereunder in the Judgment Currency, the Administrative Agent, Other Currency such Issuing Lender or such Lender, as the case may be, Entitled Person may in accordance with normal banking procedures purchase and transfer the Agreement Original Currency to Toronto with the Judgment Currency. If the amount of the Agreement Currency judgment currency so purchased is less than adjudged to be due; and the sum originally due to the Administrative Agent, any Issuing Lender or any Lender from the Borrower in the Agreement Currency, the Borrower agreesGuarantor hereby, as a separate obligation and notwithstanding any such judgment, agrees jointly and severally to indemnify such Entitled Person against, and to pay such Entitled Person on demand, in the Administrative AgentOriginal Currency, such Issuing Lender or such Lender, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than (if any) by which the sum originally due to such Entitled Person in the Administrative Agent, any Issuing Lender or any Lender in such currency, the Administrative Agent, such Issuing Lender or such Lender, as the case may be, agrees to return Original Currency hereunder exceeds the amount of any excess to the Borrower (or to any other Person who may be entitled thereto under applicable law)Original Currency so purchased and transferred.

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower Borrowers in respect of any such sum due from it to the Administrative Agent, any Issuing Lender Agent or any Lender hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent, any Issuing Lender Agent or any Lender from the Borrower Borrowers in the Agreement Currency, the Borrower Borrowers agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent, any Issuing Lender Agent or any Lender in such currency, the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, agrees to return the amount of any excess to the Borrower Borrowers (or to any other Person who may be entitled thereto under applicable law). All of the Borrowers’ obligations under this Section shall survive termination of the Commitments and repayment of all other Obligations hereunder.

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower Guarantor in respect of any such sum due from it to the Administrative Agent, any Issuing Lender Agent or any the Canadian Lender hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement Guarantee (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, such Issuing Lender Agent or such the Canadian Lender, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent, such Issuing Lender Agent or such the Canadian Lender, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent, any Issuing Lender Agent or any the Canadian Lender from the Borrower Guarantor in the Agreement Currency, the Borrower Guarantor agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent, such Issuing Lender Agent or such the Canadian Lender, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent, any Issuing Lender Agent or any the Canadian Lender in such currency, the Administrative Agent, such Issuing Lender Agent or such the Canadian Lender, as the case may be, agrees to return the amount of any excess to the Borrower Guarantor (or to any other Person who may be entitled thereto under applicable lawLaws).

Judgment Currency. (a) If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one under the Notes from a currency (the "Original Currency") into another currencycurrency (the "Other Currency"), the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency Original Currency with such other currency the Other Currency at its office in London, England on the second Eurocurrency Business Day preceding that the day on which final judgment is given. . (b) The obligation of the any Borrower in respect of any such sum due in the Original Currency from it to any Lender or the Administrative Agent, any Issuing Lender or any Lender Agent hereunder or under the other Loan Documents Note held by such Lender shall, notwithstanding any judgment in a currency (the “Judgment any Other Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only if and to the extent that on the Eurocurrency Business Day following receipt by such Lender or the Administrative Agent, such Issuing Lender or such Lender, as the case may be, Agent of any sum adjudged to be so due in the Judgment Currency, such Other Currency such Lender or the Administrative Agent, such Issuing Lender or such Lender, as the case may be, Agent may in accordance with normal banking procedures purchase such amount of the Agreement Original Currency with such Other Currency at its office in London, England which the Judgment Currency. If Administrative Agent could have purchased on the second Eurocurrency Business Day preceding the day on which the final judgment referred to in Section 11.18(a) is given; if the amount of the Agreement Original Currency so purchased is less than the sum originally due to amount of the Original Currency which the Administrative AgentAgent could have purchased on the second Eurocurrency Business Day preceding the day on which such final judgment is given, any Issuing Lender or any Lender from the Borrower in the Agreement Currency, the such Borrower agrees, as a separate obligation Obligations and notwithstanding any such judgment, to indemnify such Lender or the Administrative Agent, such Issuing Lender or such Lender, as the case may be, Agent against such loss. If difference, and if the amount of the Agreement Original Currency so purchased is greater than the sum originally due to the Administrative Agent, any Issuing Lender or any Lender in such currency, the Administrative Agent, such Issuing Lender or such Lender, as the case may be, agrees to return exceeds the amount of any excess the Original Currency which the Administrative Agent could have purchased on the second Eurocurrency Business Day preceding that on which such final judgment is given, such Lender or the Administrative Agent agrees to the remit to such Borrower (or to any other Person who may be entitled thereto under applicable law)such excess.

Judgment Currency. If, (a) If for the purposes purpose of obtaining judgment in any court, court it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the Guarantor agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which which, in accordance with normal banking procedures procedures, the Administrative Agent could purchase the first currency with such other currency in the city in which is located the Administrative Agent account for the first currency on the Business Day preceding that immediately following the day on which final judgment is given. . (b) The obligation of the Borrower Guarantor in respect of any such sum due from it hereunder to the Administrative Agent, any Issuing Lender the Co-Agent or any Lender hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”"judgment currency") other than that in which such sum is denominated payable in accordance with the applicable provisions of this Agreement Guarantee (the “Agreement Currency”"Guarantee currency"), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent on behalf of the Administrative Agent, such Issuing Lender the Co-Agent or such Lender, as the case may be, Lender of any sum adjudged to be so due in the Judgment Currencyjudgment currency, the Administrative Agent on behalf of the Administrative Agent, such Issuing Lender the Co-Agent or such Lender, as the case may be, Lender may in accordance with normal banking procedures purchase the Agreement Currency Guarantee currency with the Judgment Currency. If judgment currency; if the amount of the Agreement Currency Guarantee currency so purchased is less than the sum originally due to the Administrative Agent, any Issuing the Co-Agent or such Lender or any Lender from the Borrower in the Agreement CurrencyGuarantee currency, the Borrower Guarantor agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent, such Issuing Lender the Co-Agent or such Lender, as the case may be, Lender against such loss. If , and if the amount of the Agreement Currency Guarantee currency so purchased is greater than exceeds the sum originally due to the Administrative Agent, any Issuing Lender the Co-Agent or any Lender in such currencyLender, the Administrative Agent, such Issuing Lender the Co-Agent or such Lender, as the case may be, Lender agrees to return the amount of any excess remit to the Borrower (or to any other Person who may be entitled thereto under applicable law)Guarantor such excess.

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Applicable Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the each Borrower in respect of any such sum due from it to the Administrative Agent, any Issuing Lender Applicable Agent or any Lender hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, such Issuing Lender Applicable Agent or such Lender, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent, such Issuing Lender Applicable Agent or such Lender, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent, any Issuing Lender Applicable Agent or any Lender from the any Borrower in the Agreement Currency, the such Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent, such Issuing Lender Applicable Agent or such Lender, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent, any Issuing Lender Applicable Agent or any Lender in such currency, the Administrative Agent, such Issuing Lender Applicable Agent or such Lender, as the case may be, agrees to return the amount of any excess to the such Borrower (or to any other Person who may be entitled thereto under applicable lawApplicable Law).

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower each Loan Party in respect of any such sum due from it to the Administrative Agent, any Issuing Lender the L/C Issuer or any Lender hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “"Judgment Currency”") other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “"Agreement Currency”"), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, such Issuing Lender the L/C Issuer or such Lender, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent, such Issuing Lender the L/C Issuer or such Lender, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent, any Issuing Lender the L/C Issuer or any Lender from the Borrower any Loan Party in the Agreement Currency, the Borrower such Loan Party agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent, such Issuing Lender the L/C Issuer or such Lender, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent, any Issuing Lender the L/C Issuer or any Lender in such currency, the Administrative Agent, such Issuing Lender the L/C Issuer or such Lender, as the case may be, agrees to return the amount of any excess to the Borrower such Loan Party (or to any other Person who may be entitled thereto under applicable law)."

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or under any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower and each other Loan Party in respect of any such sum due from it to the Administrative Agent, any Issuing Lender the L/C Issuer or any Lender hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent, any Issuing Lender Agent or any Lender from the Borrower or any other Loan Party in the Agreement Currency, the Borrower and each other Loan Party agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent, such Issuing Lender the L/C Issuer or such Lender, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent, any Issuing Lender the L/C Issuer or any such Lender in such currency, the Administrative Agent, such Issuing Lender the L/C Issuer or such Lender, as the case may be, agrees to return the amount of any excess to the Borrower or such other Loan Party (or to any other Person who may be entitled thereto under applicable lawApplicable Law). All of the Borrower’s and each other Loan Party’s obligations under this Section 10.1911.19 shall survive termination of the Aggregate Commitments and repayment of all other Obligations hereunder.

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used to do so shall be that at which which, in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that the date on which final judgment is given, as determined by Administrative Agent in its discretion. The obligation of the Borrower each Credit Party in respect of any such sum due from it to the Administrative Agent, any Issuing Lender LC Issuer or any Lender hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that the currency in which such sum is denominated in accordance with the applicable provisions of this Agreement or any other Loan Document (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, such Issuing Lender Agent (for itself or such on behalf of LC Issuer or a Lender, as the case may be, ) of any sum adjudged to be so due in the Judgment Currency, the Administrative AgentAgent may, such Issuing Lender or such Lender, as the case may be, may in accordance with normal banking procedures procedures, purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent, any Issuing Lender LC Issuer, or any a Lender from the Borrower any Credit Party in the Agreement Currency, the such Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent, such Issuing Lender or such LC Issuer, and each Lender, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent, any Issuing Lender LC Issuer, or any a Lender in such currency, the Administrative Agent, such Issuing Lender LC Issuer, or such Lender, as the case may be, agrees to return the amount of any excess to the such Borrower (or to any other Person who may be entitled thereto under applicable lawApplicable Law).

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the each Borrower Party in respect of any such sum due from it to the Administrative Agent, any Issuing Lender Letter of Credit Issuer or any Lender hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Credit Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, such Issuing Lender Letter of Credit Issuer or such Lender, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent, such Issuing Lender Letter of Credit Issuer or such Lender, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent, any Issuing Lender Letter of Credit Issuer or any Lender from the any Borrower Party in the Agreement Currency, the such Borrower Party agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent, such Issuing Lender Letter of Credit Issuer or such Lender, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent, any Issuing Lender Letter of Credit Issuer or any Lender in such currency, the Administrative Agent, such Issuing Lender Letter of Credit Issuer or such Lender▇▇▇▇▇▇, as the case may be, agrees to return the amount of any excess to the such Borrower Party (or to any other Person who may be entitled thereto under applicable law).

Judgment Currency. If, If for the purposes of obtaining judgment in any court, court it is necessary to convert a sum due hereunder or into any currency other Loan Document in one currency into another currencythan United States dollars, the parties hereto agree, to the fullest extent permitted by law, that the rate of exchange used shall be that the rate at which in accordance with normal banking procedures the Administrative Agent Underwriters could purchase the first currency United States dollars with such other currency in The City of New York on the Business Day business day preceding that on which final judgment is given. The obligation of the Borrower in Corporation with respect of to any such sum due from it the Corporation to the Administrative Agent, any Issuing Lender Underwriter or any Lender hereunder person controlling any Underwriter or under any affiliate or selling agent of any Underwriter, as the other Loan Documents case may be, shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”)United States dollars, not be discharged until the first business day following receipt by such Underwriter or controlling person or affiliate or selling agent of such Underwriter of any sum in such other currency, and only to the extent that on the Business Day following receipt by the Administrative Agent, such Issuing Lender Underwriter or controlling person or affiliate or selling agent of such Lender, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent, such Issuing Lender or such Lender, as the case may be, Underwriter may in accordance with normal banking procedures purchase the Agreement Currency United States dollars with the Judgment Currencysuch other currency. If the amount of the Agreement Currency United States dollars so purchased is are less than the sum originally due to such Underwriter or controlling person or affiliate or selling agent of such Underwriter, as the Administrative Agentcase may be, any Issuing Lender or any Lender from the Borrower in the Agreement Currencyhereunder, the Borrower Corporation agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Underwriter or controlling person or affiliate or selling agent of such Underwriter against such loss. If the Administrative AgentUnited States dollars so purchased are greater than the sum originally due to such Underwriter or controlling person or affiliate or selling agent of such Underwriter hereunder, such Issuing Lender Underwriter or controlling person or affiliate or selling agent of such LenderUnderwriter, as the case may be, against such loss. If shall pay to the Corporation an amount equal to the excess of the Agreement Currency dollars so purchased is greater than over the sum originally due to such Underwriter or controlling person or affiliate or selling agent of such Underwriter hereunder. If the Administrative Agentforegoing is in accordance with your understanding, any Issuing Lender or any Lender kindly sign and return to us two counterparts hereof, and upon confirmation and acceptance by the Underwriters, this Agreement and such confirmation and acceptance will become a binding agreement between the Corporation, on the one hand, and each of the Underwriters, on the other hand, in such currencyaccordance with its terms. Very truly yours, Duke Energy Corporation By: /s/ C▇▇▇▇ ▇. ▇▇▇▇▇ Name: C▇▇▇▇ ▇. ▇▇▇▇▇ Title: Assistant Treasurer The foregoing Underwriting Agreement is hereby confirmed and accepted as of the Administrative Agentdate first above written. Banco Santander, such Issuing Lender or such LenderS.A. Barclays Bank PLC BNP Paribas MUFG Securities EMEA plc For themselves and as Representatives of the Underwriters listed in the signature pages hereto and named in Schedule A hereto. Banco Santander, S.A. Barclays Bank PLC By: /s/ M▇▇▇▇▇▇▇ ▇’▇▇▇▇▇ ▇▇: /s/ L▇▇▇▇ ▇▇▇▇▇▇▇ Name: M▇▇▇▇▇▇▇ ▇’▇▇▇▇▇ Name: L▇▇▇▇ ▇▇▇▇▇▇▇ Title: DCM Executive Director Title: Authorized Signatory BNP Paribas MUFG Securities EMEA plc By: /s/ V▇▇▇▇ ▇▇▇▇▇▇ By: /s/ C▇▇▇▇▇ ▇▇▇▇▇▇▇ Name: V▇▇▇▇ ▇▇▇▇▇▇ Name: C▇▇▇▇▇ ▇▇▇▇▇▇▇ Title: Authorized Signatory Title: Authorized Signatory By: /s/ K▇▇▇▇ ▇▇▇▇▇ Name: K▇▇▇▇ ▇▇▇▇▇ Title: Authorized Signatory Banco Santander, S.A € 187,500,000 Barclays Bank PLC 187,500,000 BNP Paribas 187,500,000 MUFG Securities EMEA plc 187,500,000 Total € 750,000,000 1) Base Prospectus 2) Preliminary Prospectus Supplement dated April 9, 2024 3) Permitted Free Writing Prospectus a) Pricing Term Sheet attached as Schedule C hereto Issuer: Duke Energy Corporation (the case may be“Issuer”) Trade Date: April 9, agrees 2024 Settlement: April 12, 2024 (T+3) Security Description: 3.75% Senior Notes due 2031 (the “Notes”) Ranking: Senior, Unsecured Offering Format: SEC Registered Principal Amount: €750,000,000 Interest Payment Dates: Payable annually in arrears on April 1 of each year, beginning on April 1, 2025 Day Count Convention: Actual/Actual (ICMA) Maturity Date: April 1, 2031 Mid-Swaps Yield: 2.669% Spread to return the amount of any excess Mid-Swap: + 120 basis points Benchmark Government Security: DBR 0.000% due February 15, 2031 Benchmark Government Security Yield: 2.301% Spread to Benchmark Government Security: + 156.8 bps Yield to Maturity: 3.869% Coupon: 3.75% Price to the Borrower Public: 99.287% per Note (or to any other Person who may be entitled thereto under applicable lawplus accrued interest, if any, from April 12, 2024).

Judgment Currency. (a) If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower Borrowers in respect of any such sum due from it them to the Administrative Agent, any Issuing Lender the Lenders, or any Lender other Person hereunder (the "Judgment Creditors") or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “"Judgment Currency”") other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “"Agreement Currency”"), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, such Issuing Lender or such Lender, as the case may be, Judgment Creditor(s) of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent, such Issuing Lender or such Lender, as the case may be, Agent may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent, any Issuing Lender or any Lender from the Borrower Judgment Creditor(s) in the Agreement Currency, the Borrower agreesBorrowers jointly and severally agree, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent, such Issuing Lender or such Lender, as the case may be, Judgment Creditor(s) against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent, any Issuing Lender or any Lender Judgment Creditor(s) in such currency, the Administrative Agent, Judgment Creditor receiving such Issuing Lender or such Lender, as the case may be, overpayment agrees to return the amount of any excess received by such entity to the Borrower Borrowers (or to any other Person who may be entitled thereto under applicable law). (b) Borrowers jointly and severally promise to indemnify each Judgment Creditor against and hold each Judgment Creditor harmless from all loss and damage resulting from any change in exchange rates between the date any claim is reduced to judgment and the date of payment (or, in the case of partial payments, the date of each partial payment) thereof by Borrowers, or any of Borrowers. This indemnity shall constitute an obligation separate and independent from the other obligations contained in this Agreement, shall give rise to a separate and independent cause of action, shall apply irrespective of any indulgence granted by Agent, the Required Lenders, or the Lenders from time to time, and shall continue in full force and effect notwithstanding any judgment or order for a liquidated sum in respect of an amount due hereunder or under any judgment or order.

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower Borrowers in respect of any such sum due from it to the Administrative Agent, any the Issuing Lender Bank or any Lender hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, such the Issuing Lender Bank or such Lender, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent, such the Issuing Lender Bank or such Lender, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent, any the Issuing Lender Bank or any Lender from the Borrower Borrowers in the Agreement Currency, the Borrower Borrowers agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent, such the Issuing Lender Bank or such Lender, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent, any the Issuing Lender Bank or any Lender in such currency, the Administrative Agent, such the Issuing Lender Bank or such Lender, as the case may be, agrees to return the amount of any excess to the Borrower Borrowers (or to any other Person who may be entitled thereto under applicable lawApplicable Law).

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which which, in accordance with normal banking procedures procedures, the Fronting L/C Issuer, the Several L/C Agent or the Administrative Agent Agent, as may be the case, could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the each Borrower in respect of any such sum due from it to the Fronting L/C Issuer, the Several L/C Agent or the Administrative Agent, any Issuing Lender or any Lender as may be the case, hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Fronting L/C Issuer, the Several L/C Agent or the Administrative Agent, such Issuing Lender or such Lender, as may be the case may becase, of any sum adjudged to be so due in the Judgment Currency, the Fronting L/C Issuer, the Several L/C Agent or the Administrative Agent, such Issuing Lender or such Lender, as may be the case may becase, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Fronting L/C Issuer, the Several L/C Agent or the Administrative Agent, as may be the case, from any Issuing Lender or any Lender from the Borrower in the Agreement Currency, the such Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Fronting L/C Issuer, the Several L/C Agent or the Administrative Agent, such Issuing Lender or such Lender, as may be the case may becase, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Fronting L/C Issuer, the Several L/C Agent or the Administrative Agent, any Issuing Lender or any Lender as may be the case, in such currency, the Fronting L/C Issuer, the Several L/C Agent or the Administrative Agent, such Issuing Lender or such Lender, as may be the case may becase, agrees to return the amount of any excess to the such Borrower (or to any other Person who may be entitled thereto under applicable law). 81 Five-Year Credit Agreement Signature Page to that certain Five-Year Credit Agreement dated as of September 13, 2012, among MetLife, Inc., MetLife Funding, Inc., the Lenders party thereto, and Bank of America, N.A., as Administrative Agent. By: /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇ Title: Senior Vice President and Treasurer Signature Page to that certain Five-Year Credit Agreement dated as of September 13, 2012, among MetLife, Inc., MetLife Funding, Inc., the Lenders party thereto, and Bank of America, N.A., as Administrative Agent. By: /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇ Title: Chairman, President and Treasurer Signature Page to that certain Five-Year Credit Agreement dated as of September 13, 2012, among MetLife, Inc., MetLife Funding, Inc., the Lenders party thereto, and Bank of America, N.A., as Administrative Agent. BANK OF AMERICA, N.A., as Administrative Agent, Fronting L/C Issuer, Several L/C Agent and a Lender By: /s/ ▇▇▇▇▇ ▇▇▇▇ Name: ▇▇▇▇▇ ▇▇▇▇ Title: Director Signature Page to that certain Five-Year Credit Agreement dated as of September 13, 2012, among MetLife, Inc., MetLife Funding, Inc., the Lenders party thereto, and Bank of America, N.A., as Administrative Agent. JPMORGAN CHASE BANK, N.A., as a Lender By: /s/ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Title: Vice President Signature Page to that certain Five-Year Credit Agreement dated as of September 13, 2012, among MetLife, Inc., MetLife Funding, Inc., the Lenders party thereto, and Bank of America, N.A., as Administrative Agent. ▇▇▇▇▇ FARGO BANK, NATIONAL ASSOCIATION, as a Lender By: /s/ ▇▇▇▇▇ ▇▇▇▇▇ Name: ▇▇▇▇▇ ▇▇▇▇▇ Title: Director Signature Page to that certain Five-Year Credit Agreement dated as of September 13, 2012, among MetLife, Inc., MetLife Funding, Inc., the Lenders party thereto, and Bank of America, N.A., as Administrative Agent. CREDIT SUISSE AG, NEW YORK BRANCH, as a Lender By: /s/ ▇▇▇▇ ▇▇▇▇▇▇ Name: ▇▇▇▇ ▇▇▇▇▇▇ Title: Director By: /s/ ▇▇▇▇ ▇’▇▇▇▇ Name: ▇▇▇▇ ▇’▇▇▇▇ Title: Director Signature Page to that certain Five-Year Credit Agreement dated as of September 13, 2012, among MetLife, Inc., MetLife Funding, Inc., the Lenders party thereto, and Bank of America, N.A., as Administrative Agent. DEUTSCHE BANK AG NEW YORK BRANCH, as a Lender By: /s/ ▇▇▇▇ ▇. ▇▇▇▇▇▇ Name: ▇▇▇▇ ▇. ▇▇▇▇▇▇ Title: Director By: /s/ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Title: Vice President Signature Page to that certain Five-Year Credit Agreement dated as of September 13, 2012, among MetLife, Inc., MetLife Funding, Inc., the Lenders party thereto, and Bank of America, N.A., as Administrative Agent. ▇▇▇▇▇▇▇ SACHS BANK USA, as a Lender By: /s/ ▇▇▇▇ ▇▇▇▇▇▇ Name: ▇▇▇▇ ▇▇▇▇▇▇ Title: Authorized Signatory Signature Page to that certain Five-Year Credit Agreement dated as of September 13, 2012, among MetLife, Inc., MetLife Funding, Inc., the Lenders party thereto, and Bank of America, N.A., as Administrative Agent. HSBC BANK USA, NATIONAL ASSOCIATION, as a Lender By: /s/ ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Name: ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Title: Managing Director Signature Page to that certain Five-Year Credit Agreement dated as of September 13, 2012, among MetLife, Inc., MetLife Funding, Inc., the Lenders party thereto, and Bank of America, N.A., as Administrative Agent. UBS AG, STAMFORD BRANCH, as a Lender By: /s/ ▇▇▇▇ ▇. ▇▇▇▇▇ Name: ▇▇▇▇ ▇. ▇▇▇▇▇ Title: Associate Director Banking Products Services, US By: /s/ ▇▇▇▇ ▇. ▇▇▇▇ Name: ▇▇▇▇ ▇. ▇▇▇▇ Title: Associate Director Banking Products Services, US Signature Page to that certain Five-Year Credit Agreement dated as of September 13, 2012, among MetLife, Inc., MetLife Funding, Inc., the Lenders party thereto, and Bank of America, N.A., as Administrative Agent. BARCLAYS BANK PLC, as a Lender By: /s/ ▇▇▇▇▇ ▇▇▇▇▇ Name: ▇▇▇▇▇ ▇▇▇▇ Title: Director Signature Page to that certain Five-Year Credit Agreement dated as of September 13, 2012, among MetLife, Inc., MetLife Funding, Inc., the Lenders party thereto, and Bank of America, N.A., as Administrative Agent. CITIBANK, N.A., as a Lender By: /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Title: Vice President Signature Page to that certain Five-Year Credit Agreement dated as of September 13, 2012, among MetLife, Inc., MetLife Funding, Inc., the Lenders party thereto, and Bank of America, N.A., as Administrative Agent. BNP PARIBAS, as a Lender By: /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Title: Managing Director By: /s/ Nair P. Raghu Name: Nair. P. Raghu Title: Vice President Signature Page to that certain Five-Year Credit Agreement dated as of September 13, 2012, among MetLife, Inc., MetLife Funding, Inc., the Lenders party thereto, and Bank of America, N.A., as Administrative Agent. LLOYDS TSB BANK PLC, as a Lender By: /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ – G011 Title: Assistant Vice President By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ – M040 Name: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ – M040 Title: Assistant Vice President Signature Page to that certain Five-Year Credit Agreement dated as of September 13, 2012, among MetLife, Inc., MetLife Funding, Inc., the Lenders party thereto, and Bank of America, N.A., as Administrative Agent. MIZUHO CORPORATE BANK, LTD., as a Lender By: /s/ ▇▇▇▇▇ ▇▇▇ Name: ▇▇▇▇▇ ▇▇▇ Title: Authorized Signatory Signature Page to that certain Five-Year Credit Agreement dated as of September 13, 2012, among MetLife, Inc., MetLife Funding, Inc., the Lenders party thereto, and Bank of America, N.A., as Administrative Agent. ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ BANK, N.A., as a Lender By: /s/ ▇▇▇▇▇▇▇ ▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇▇▇▇ Title: Authorized Signatory Signature Page to that certain Five-Year Credit Agreement dated as of September 13, 2012, among MetLife, Inc., MetLife Funding, Inc., the Lenders party thereto, and Bank of America, N.A., as Administrative Agent. STANDARD CHARTERED BANK, as a Lender By: /s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Name: ▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Title: Director By: /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇ Title: Credit Documentation Manager Credit Documentation Unit, WB Legal- Americas Signature Page to that certain Five-Year Credit Agreement dated as of September 13, 2012, among MetLife, Inc., MetLife Funding, Inc., the Lenders party thereto, and Bank of America, N.A., as Administrative Agent. SUMITOMO MITSUI BANKING CORPORATION, as a Lender By: /s/ ▇▇▇▇▇ ▇▇▇▇ Name: ▇▇▇▇▇ ▇▇▇▇ Title: Managing Director Signature Page to that certain Five-Year Credit Agreement dated as of September 13, 2012, among MetLife, Inc., MetLife Funding, Inc., the Lenders party thereto, and Bank of America, N.A., as Administrative Agent. THE BANK OF TOKYO-MITSUBISHI UFJ, LTD., as a Lender By: /s/ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Title: Vice President Signature Page to that certain Five-Year Credit Agreement dated as of September 13, 2012, among MetLife, Inc., MetLife Funding, Inc., the Lenders party thereto, and Bank of America, N.A., as Administrative Agent. THE ROYAL BANK OF SCOTLAND PLC, as a Lender By: /s/ ▇▇▇▇▇ ▇▇▇▇▇▇ Name: ▇▇▇▇▇ ▇▇▇▇▇▇ Title: Director Signature Page to that certain Five-Year Credit Agreement dated as of September 13, 2012, among MetLife, Inc., MetLife Funding, Inc., the Lenders party thereto, and Bank of America, N.A., as Administrative Agent. ING BANK N.V., LONDON BRANCH, as a Lender By: /s/ MER Sharman Name: MER Sharman Title: Managing Director By: /s/ NJ ▇▇▇▇▇▇▇▇ Name: NJ ▇▇▇▇▇▇▇▇ Title: Director Signature Page to that certain Five-Year Credit Agreement dated as of September 13, 2012, among MetLife, Inc., MetLife Funding, Inc., the Lenders party thereto, and Bank of America, N.A., as Administrative Agent. PN BANK, NATIONAL ASSOCIATION, as a Lender By: /s/ ▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇ Name: ▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇ Title: Senior Vice President Signature Page to that certain Five-Year Credit Agreement dated as of September 13, 2012, among MetLife, Inc., MetLife Funding, Inc., the Lenders party thereto, and Bank of America, N.A., as Administrative Agent. SOCIETE GENERALE, as a Lender By: /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Title: Director Signature Page to that certain Five-Year Credit Agreement dated as of September 13, 2012, among MetLife, Inc., MetLife Funding, Inc., the Lenders party thereto, and Bank of America, N.A., as Administrative Agent. THE BANK OF NEW YORK MELLON, as a Lender By: /s/ Adim Offurum Name: Adim Offurum Title: Vice President Signature Page to that certain Five-Year Credit Agreement dated as of September 13, 2012, among MetLife, Inc., MetLife Funding, Inc., the Lenders party thereto, and Bank of America, N.A., as Administrative Agent. THE BANK OF NOVA SCOTIA, as a Lender By: /s/ ▇▇▇▇▇ ▇▇▇▇▇▇ Name: ▇▇▇▇▇ ▇▇▇▇▇▇ Title: Managing Director Signature Page to that certain Five-Year Credit Agreement dated as of September 13, 2012, among MetLife, Inc., MetLife Funding, Inc., the Lenders party thereto, and Bank of America, N.A., as Administrative Agent. U.S. BANK NATIONAL ASSOCIATION, as a Lender By: /s/ ▇▇▇▇ ▇▇▇▇▇ Name: ▇▇▇▇ ▇▇▇▇▇ Title: Vice President Signature Page to that certain Five-Year Credit Agreement dated as of September 13, 2012, among MetLife, Inc., MetLife Funding, Inc., the Lenders party thereto, and Bank of America, N.A., as Administrative Agent. UNICREDIT BANK AG, NEW YORK BRANCH, as a Lender By: /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇ Title: Director By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Title: Vice President Signature Page to that certain Five-Year Credit Agreement dated as of September 13, 2012, among MetLife, Inc., MetLife Funding, Inc., the Lenders party thereto, and Bank of America, N.A., as Administrative Agent. STATE STREET BANK AND TRUST COMPANY, as a Lender By: /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: Vice President Signature Page to that certain Five-Year Credit Agreement dated as of September 13, 2012, among MetLife, Inc., MetLife Funding, Inc., the Lenders party thereto, and Bank of America, N.A., as Administrative Agent. THE NORTHERN TRUST COMPANY, as a Lender By: /s/ ▇▇▇▇▇ ▇▇▇▇▇▇ Name: ▇▇▇▇▇ ▇▇▇▇▇▇ Title: Senior VP Signature Page to that certain Five-Year Credit Agreement dated as of September 13, 2012, among MetLife, Inc., MetLife Funding, Inc., the Lenders party thereto, and Bank of America, N.A., as Administrative Agent. AUSTRALIA AND NEW ZEALAND BANKING GROUP LIMITED, as a Lender By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇▇▇▇▇▇ Title: Director Signature Page to that certain Five-Year Credit Agreement dated as of September 13, 2012, among MetLife, Inc., MetLife Funding, Inc., the Lenders party thereto, and Bank of America, N.A., as Administrative Agent. CREDIT AGRICOLE CORPORATE & INVESTMENT BANK, as a Lender By: /s/ ▇▇▇▇ ▇▇▇▇▇-Cryde Name: ▇▇▇▇ ▇▇▇▇▇-Cryde Title: Managing Director By: /s/ W ▇▇▇ ▇▇▇▇▇▇▇ Name: W ▇▇▇ ▇▇▇▇▇▇▇ Title: Managing Director None None Bank of America, N.A. $ 47,500,000 4.750000000 % JPMorgan Chase Bank, N.A. $ 47,500,000 4.750000000 % ▇▇▇▇▇ Fargo Bank, National Association $ 47,500,000 4.750000000 % Credit Suisse AG, New York Branch $ 44,000,000 4.400000000 % Deutsche Bank AG New York Branch $ 44,000,000 4.400000000 % ▇▇▇▇▇▇▇ Sachs Bank USA $ 44,000,000 4.400000000 % HSBC Bank USA, National Association $ 44,000,000 4.400000000 % UBS AG, Stamford Branch $ 44,000,000 4.400000000 % Barclays Bank PLC $ 40,000,000 4.000000000 % Citibank, N.A. $ 40,000,000 4.000000000 % BNP Paribas $ 35,000,000 3.500000000 % Lloyds TSB Bank plc $ 35,000,000 3.500000000 % Mizuho Corporate Bank, Ltd. $ 35,000,000 3.500000000 % ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Bank, N.A. $ 35,000,000 3.500000000 % Standard Chartered Bank $ 35,000,000 3.500000000 % Sumitomo Mitsui Banking Corporation $ 35,000,000 3.500000000 % The Bank of Tokyo-Mitsubishi UFJ, Ltd. $ 35,000,000 3.500000000 % The Royal Bank of Scotland plc $ 35,000,000 3.500000000 % ING Bank N.V., London Branch $ 30,000,000 3.000000000 % PNC Bank, National Association $ 30,000,000 3.000000000 % Societe Generale $ 30,000,000 3.000000000 % The Bank of New York Mellon $ 30,000,000 3.▇▇▇▇▇▇▇▇▇ % The Bank of Nova Scotia $ 30,000,000 3.▇▇▇▇▇▇▇▇▇ % U.S. Bank National Association $ 30,000,000 3.000000000 % UniCredit Bank AG, New York Branch $ 30,000,000 3.000000000 % State Street Bank and Trust Company $ 21,250,000 2.125000000 % The Northern Trust Company $ 21,250,000 2.125000000 % Australia and New Zealand Banking Group Limited $ 12,500,000 1.250000000 % Credit Agricole Corporate & Investment Bank $ 12,500,000 1.250000000 % Please see (1) Item 3 in the Form 10-K of MetLife, Inc. for the fiscal year ended December 31, 2011, (2) Part 2, Item 1 in the Form 10-Q of MetLife, Inc. for the fiscal quarter ended March 31, 2012, and (3) Part 2, Item 1 in the Form 10-Q of MetLife, Inc. for the fiscal quarter ended June 30, 2012, each filed with the Securities and Exchange Commission at ▇▇▇.▇▇▇.▇▇▇. MetLife, Inc. MetLife Funding, Inc. ▇▇▇▇ ▇▇▇▇▇▇ ▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇ Telephone: ▇▇▇-▇▇▇-▇▇▇▇ Electronic Mail: ▇▇▇▇▇▇@▇▇▇▇▇▇▇.▇▇▇ Website Address: ▇▇▇.▇▇▇▇▇▇▇.▇▇▇ Bank of America, N.A. ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ Mail Code: TX1-492-14-12 ▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇-▇▇▇▇ Attention: ▇▇▇▇▇ ▇▇▇▇▇▇/Credit Services Telephone: ▇▇▇-▇▇▇-▇▇▇▇ Facsimile: ▇▇▇-▇▇▇-▇▇▇▇ Electronic Mail: ▇▇▇▇▇.▇.▇▇▇▇▇▇@▇▇▇▇.▇▇▇ Account No.: 1292000883 Ref: MetLife, Inc. ABA# ▇▇▇▇▇▇▇▇▇ Bank of America, N.A. Agency Management ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇ ▇▇▇-▇▇▇-▇▇-▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇▇ ▇▇▇▇▇▇ Telephone: ▇▇▇-▇▇▇-▇▇▇▇ Facsimile: ▇▇▇-▇▇▇-▇▇▇▇ Electronic Mail: ▇▇▇▇▇.▇▇▇▇▇▇@▇▇▇▇.▇▇▇ Bank of America, N.A. Trade Operations-Los Angeles #22621 ▇▇▇▇ ▇. ▇▇▇▇▇▇ Street Mail Code: CA9-705-07-05 ▇▇▇ ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇-▇▇▇▇ Attention: ▇▇▇▇▇▇ ▇▇▇▇ Vice President Telephone: ▇▇▇-▇▇▇-▇▇▇▇ Facsimile: ▇▇▇-▇▇▇-▇▇▇▇ Electronic Mail: ▇▇▇▇▇▇.▇▇▇▇@▇▇▇▇.▇▇▇ with copies to: Bank of America, N.A. Agency Management ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇ ▇▇▇-▇▇▇-▇▇-▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇▇ ▇▇▇▇▇▇ Telephone: ▇▇▇-▇▇▇-▇▇▇▇ Facsimile: ▇▇▇-▇▇▇-▇▇▇▇ Electronic Mail: ▇▇▇▇▇.▇▇▇▇▇▇@▇▇▇▇.▇▇▇ and Bank of America, N.A. ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ Mail Code: TX1-492-14-12 ▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇-▇▇▇▇ Attention: ▇▇▇▇▇ ▇▇▇▇▇▇/Credit Services Telephone: ▇▇▇-▇▇▇-▇▇▇▇ Facsimile: ▇▇▇-▇▇▇-▇▇▇▇ Electronic Mail: ▇▇▇▇▇.▇.▇▇▇▇▇▇@▇▇▇▇.▇▇▇ Account No.: 1292000883 Ref: MetLife,

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate - 113 - of exchange used shall be that at which in accordance with normal and customary banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower in respect of any such sum due from it to the Administrative Agent, any Issuing Lender Agent or any Lender hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (hereinafter referred to as the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (hereinafter referred to as the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent, any Issuing Lender Agent or any Lender from the Borrower in the Agreement Currency, the Borrower hereby covenants and agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent, any Issuing Lender Agent or any Lender in such currency, the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, agrees to return the amount of any excess to the Borrower (or to any other Person who may be entitled thereto under applicable law).

Judgment Currency. If, If for the purposes purpose of obtaining judgment in any court, court it is necessary to convert a sum due from any Borrower or the Canadian Borrower hereunder or under any other Loan Document of the Notes or the C$ Notes in one the currency expressed to be payable herein (the "specified currency") into another currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first specified currency with other such other currency at the Administrative Agent's New York Office on the Business Day preceding that is on or immediately following the day on which final judgment is given. The obligation obligations of each Borrower or the Canadian Borrower in respect of any such sum due from it to any Lender, the Administrative Agent, any Issuing Lender Agent or any Lender the Canadian Administrative Agent hereunder or under the other Loan Documents any Note or C$ Note shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”)specified currency, be discharged only to the extent that on the Business Day following receipt by such Lender, the Administrative Agent, such Issuing Lender or such Lenderthe Canadian Administrative Agent, as the case may be, of any sum adjudged to be so due in the Judgment Currencysuch other currency such Lender, the Administrative Agent, such Issuing Lender or such Lender, the Canadian Administrative Agent as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency specified currency with the Judgment Currencysuch other currency. If the amount of the Agreement Currency specified currency so purchased is less than the sum originally due to such Lender, the Administrative Agent, any Issuing Lender or any Lender from the Borrower Canadian Administrative Agent, as the case may be, in the Agreement Currencyspecified currency, each Borrower and the Canadian Borrower agrees, to the fullest extent it may effectively do so, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender, the Administrative Agent, such Issuing Lender or such Lenderthe Canadian Administrative Agent, as the case may be, against such loss. If , and if the amount of the Agreement Currency specified currency so purchased is greater than exceeds the sum originally due to any Lender, the Administrative Agent or the Canadian Administrative Agent, as the case may be, in the specified currency, such Lender or the Administrative Agent, any Issuing Lender or any Lender in such currency, the Canadian Administrative Agent, such Issuing Lender or such Lender, as the case may be, agrees to return the amount of any remit such excess to the appropriate Borrower (or to any other Person who may be entitled thereto under applicable law)the Canadian Borrower.

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other First Lien Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the First Lien Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower in respect of any such sum due from it to the Administrative Agent, any Issuing Lender or any Lender Secured Parties hereunder or under the other First Lien Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the First Lien Administrative Agent, such Issuing Lender or such Lender, as the case may be, Agent of any sum adjudged to be so due in the Judgment Currency, the First Lien Administrative Agent, such Issuing Lender or such Lender, as the case may be, Agent may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the First Lien Administrative Agent, any Issuing Lender or any Lender Agent from the Borrower in the Agreement Currency, the Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the First Lien Administrative Agent, Agent or the Person to whom such Issuing Lender or such Lender, as the case may be, obligation was owing against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the First Lien Administrative Agent, any Issuing Lender or any Lender Agent in such currency, the First Lien Administrative Agent, such Issuing Lender or such Lender, as the case may be, Agent agrees to return the amount of any excess to the Borrower (or to any other Person who may be entitled thereto under applicable lawRequirements of Law).. -179- [EMEA_ACTIVE 302040156_13]

Judgment Currency. If, a. This in an international transaction in which the obligations of the Credit Parties under this Agreement to make payment to or for the purposes account of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase or the first Lenders in a specified currency with such (“Original Currency”) shall not be discharged or satisfied by any tender or recovery pursuant to any judgment expressed in or converted into any other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower in respect of any such sum due from it to the Administrative Agent, any Issuing Lender or any Lender hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) except to the extent that such tender or recovery results in the effective receipt by the Administrative Agent or such Lender of the full amount in Original Currency payable to the Administrative Agent or such Lender under this Agreement. b. If the Administrative Agent, on behalf of the Lenders, or any other than that in which such sum is denominated in accordance with holder of the applicable provisions of this Agreement Obligations (the “Agreement CurrencyApplicable Creditor”), obtains a judgment or judgments against any Credit Party in respect of any sum adjudged to be due to the Administrative Agent or the Lenders hereunder or under the Notes (the “Judgment Amount”) in a Judgment Currency other than the Original Currency, the obligations of such Credit Party in connection with such judgment shall be discharged only to the extent that (i) on the Business Day following receipt by the Administrative Agent, such Issuing Lender or such Lender, as the case may be, Applicable Creditor of any sum adjudged to be so due in the Judgment Currency, the Administrative Agentsuch Applicable Creditor, such Issuing Lender or such Lender, as the case may be, may in accordance with the normal banking procedures in the relevant jurisdiction, can purchase the Agreement Original Currency with the Judgment Currency. If , and (ii) if the amount of the Agreement Original Currency so that could have been purchased pursuant to subpart (i) above is less than the sum amount of Original Currency that could have been purchased with the Judgment Amount on the date or dates the Judgment Currency was originally due and owing to the Administrative AgentAgent or the Lenders hereunder (the “Loss”), any Issuing Lender such Credit Party or any Lender from the Borrower in the Agreement Currency, the Borrower agreesBorrower, as a separate obligation and notwithstanding any such judgment, to indemnify indemnifies the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, against such lossLoss. If The Borrower hereby agrees to such indemnification. For purposes of determining the equivalent in one currency of another currency as provided in this Section 11.23, such amount shall include any premium and costs payable in connection with the conversion into or from any currency. The obligations of the Credit Parties contained in this Section 11.23 shall survive the termination of this Agreement and the payment of all other amounts owing hereunder. KeyBank National Association, as the Administrative Agent ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇-▇▇▇▇ Attention: Institutional Bank Ladies and Gentlemen: The undersigned, on behalf of BEL FUSE INC., a New Jersey corporation (the “Borrower”), refers to the Amended and Restated Credit and Security Agreement, dated as of September 2, 2021 (as the same may from time to time be amended, restated or otherwise modified, the “Credit Agreement”, the terms defined therein being used herein as therein defined), among the undersigned, the Lenders, as defined in the Credit Agreement, and KEYBANK NATIONAL ASSOCIATION, as the administrative agent for the Lenders (the “Administrative Agent”), and hereby gives you notice, pursuant to Section 2.6 of the Credit Agreement that the Borrower hereby requests a Loan (the “Proposed Loan”), and in connection therewith sets forth below the information relating to the Proposed Loan as required by Section 2.6 of the Credit Agreement: (a) The Business Day of the Proposed Loan is _______________________, 20____. (b) The amount of the Agreement Proposed Loan is $______________. (c) The Proposed Loan is to be a: Base Rate Loan / Daily Simple SOFR Loan / Term SOFR Loan / Alternate Currency so purchased Loan / Swing Loan . (Check one.) (d) If the Proposed Loan is greater than a Term SOFR Loan or EURIBOR Loan, the sum originally due Interest Period requested is: one month , three months , six months . (Check one.) (e) If the Proposed Loan is an Alternate Currency Loan, the Alternate Currency requested is . The undersigned hereby certifies on behalf of the Borrower that the following statements are true on the date hereof, and will be true on the date of the Proposed Loan: (i) the representations and warranties contained in each Loan Document are true and correct, before and after giving effect to the Administrative Agent, any Issuing Lender or any Lender in such currency, Proposed Loan and the Administrative Agent, such Issuing Lender or such Lenderapplication of the proceeds therefrom, as the case may be, agrees to return the amount though made on and as of any excess such date (except to the Borrower extent that any thereof expressly relate to a specific earlier date, in which case such representations and warranties are true and correct as of such earlier date); (ii) no event has occurred and is continuing, or to any other Person who may be entitled thereto under applicable law)would result from such Proposed Loan, or the application of proceeds therefrom, that constitutes a Default or Event of Default; and (iii) the conditions set forth in Section 2.6 and Article IV of the Credit Agreement have been satisfied.

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the appropriate Business Day preceding that on which final judgment is given. The obligation of the Borrower in respect of any such sum due from it to the Administrative Agent, any Issuing Lender L/C Issuer or any Lender hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “"Judgment Currency”") other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “"Agreement Currency”"), be discharged only to the extent that on the appropriate Business Day following receipt by the Administrative Agent, such Issuing Lender L/C Issuer or such Lender, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent, such Issuing Lender L/C Issuer or such Lender, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent, any Issuing Lender L/C Issuer or any Lender from the Borrower in the Agreement Currency, the Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent, such Issuing Lender L/C Issuer or such Lender, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent, any Issuing Lender L/C Issuer or any Lender in such currencyCurrency, the Administrative Agent, such Issuing Lender L/C Issuer or such Lender, as the case may be, agrees to return the amount of any excess to the Borrower (or to any other Person who may be entitled thereto under applicable lawLaw). [Signature pages follow, schedules and exhibits intentionally omitted.] cl Target C n/a 80 – 84% 80 – 84% 80 – 84% PNC BANK, National Association, as Administrative Agent [ADDRESS] Telephone: [ ] Email: [ ] Fax: [ ] Attention: [ ] [Date] Ladies and Gentlemen: This Sustainability Certificate (this "Certificate") is furnished pursuant to Section 2.21(e) of the Credit Agreement (defined below). Reference is hereby made to the Credit Agreement, dated as of June 30, 2022 (as amended, restated, amended and restated, extended, supplemented or otherwise modified in writing from time to time, the "Credit Agreement"), among ANSYS, Inc., a Delaware corporation (the "Borrower"), the lenders from time to time party thereto, PNC Bank, National Association, as Administrative Agent, Swing Line Lender and an L/C Issuer, and the other L/C Issuers from time to time party thereto. Capitalized terms used but not otherwise defined herein have the respective meanings provided in the Credit Agreement. THE UNDERSIGNED ▇▇▇▇▇▇ CERTIFIES SOLELY IN [HIS/HER] CAPACITY AS [CHIEF EXECUTIVE OFFICER, CHIEF OPERATING OFFICER, CHIEF FINANCIAL OFFICER, CHIEF SUSTAINABILITY OFFICER, TREASURER, ASSISTANT TREASURER, CONTROLLER OR SENIOR VICE PRESIDENT OF FINANCE] OF THE BORROWER AND NOT IN AN INDIVIDUAL CAPACITY (AND WITHOUT PERSONAL LIABILITY) THAT: 1. I am the duly elected [chief executive officer, chief operating officer, chief financial officer, chief sustainability officer, treasurer, assistant treasurer, controller or senior vice president of finance] of the Borrower, and I am authorized to deliver this Certificate on behalf of the Borrower;

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or under any other Loan Credit Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent or Canadian Agent, as applicable, could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower Borrowers in respect of any such sum due from it to the Administrative Agent, any Issuing Lender Canadian Agent or any Lender hereunder or under the other Loan Credit Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, such Issuing Lender Canadian Agent or such Lender, as the case may be, Lender of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent, such Issuing Lender Canadian Agent or such Lender, as the case may be, Lender may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent, any Issuing Canadian Agent or such Lender or any Lender from the Borrower in the Agreement Currency, the Borrower agreesBorrowers agree, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent, Canadian Agent or such Issuing Lender or the Person to whom such Lender, as the case may be, obligation was owing against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent, any Issuing Lender Canadian Agent or any such Lender in such currency, the Administrative Agent, such Issuing Lender Canadian Agent or such Lender, as the case may be, Lender agrees to return the amount of any excess to the Borrower Borrowers (or to any other Person who may be entitled thereto under applicable law).

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the each Borrower Party in respect of any such sum due from it to the Administrative Agent, any Issuing Lender Letter of Credit Issuer or any Lender hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “"Judgment Currency”") other than that in which such sum is denominated in accordance with the applicable provisions of this Credit Agreement (the “"Agreement Currency”"), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, such Issuing Lender Letter of Credit Issuer or such Lender, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent, such Issuing Lender Letter of Credit Issuer or such Lender, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent, any Issuing Lender Letter of Credit Issuer or any Lender from the any Borrower Party in the Agreement Currency, the such Borrower Party agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent, such Issuing Lender Letter of Credit Issuer or such Lender, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent, any Issuing Lender Letter of Credit Issuer or any Lender in such currency, the Administrative Agent, such Issuing Lender Letter of Credit Issuer or such Lender, as the case may be, agrees to return the amount of any excess to the such Borrower Party (or to any other Person who may be entitled thereto under applicable law).

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower Company in respect of any such sum due from it to the Administrative Agent, any Issuing Lender Agent or any Lender the Lenders hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, such Issuing Lender or such Lender, as the case may be, Agent of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent, such Issuing Lender or such Lender, as the case may be, Agent may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent, any Issuing Lender or any Lender Agent from the Borrower Company in the Agreement Currency, the Borrower Company agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent, Agent or the Person to whom such Issuing Lender or such Lender, as the case may be, obligation was owing against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent, any Issuing Lender or any Lender Agent in such currency, the Administrative Agent, such Issuing Lender or such Lender, as the case may be, Agent agrees to return the amount of any excess to the Borrower Company (or to any other Person who may be entitled thereto under applicable law). By: /s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇ Title: Senior Vice President of Finance and Treasurer BANK OF AMERICA, N.A., as Administrative Agent By: /s/ ▇▇▇▇▇ ▇▇▇▇▇▇ Name: ▇▇▇▇▇ ▇▇▇▇▇▇ Title: Assistant Vice President BANK OF AMERICA, N.A., as Lender By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇▇▇▇▇ Title: Assistant Vice President ▇▇▇▇▇ FARGO BANK NA, as Lender By: /s/ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇ Title: Managing Director The Bank of Tokyo-Mitsubishi UFJ, Ltd., as Lender By: /s/ ▇▇▇▇▇▇▇ ▇▇▇ Name: ▇▇▇▇▇▇▇ ▇▇▇ Title: Director JPMorgan Chase Bank, N.A., as Lender By: /s/ ▇▇▇▇ ▇▇▇▇▇▇ Name: ▇▇▇▇ ▇▇▇▇▇▇ Title: Executive Director Crédit Agricole Corporate & Investment Bank, as Lender By: /s/ ▇▇▇▇ ▇▇▇▇▇▇▇▇ Name: ▇▇▇▇ ▇▇▇▇▇▇▇▇ Title: Director By: /s/ ▇▇▇▇▇ ▇▇▇▇▇▇▇ Name: ▇▇▇▇▇ ▇▇▇▇▇▇▇ Title: Vice President U.S. Bank National Association, as Lender By: /s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Name: ▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Title: Sr. Vice President SUMITOMO MITSUI BANKING CORPORATION, as Lender By: /s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇ Title: Managing Director Barclays Bank PLC, as Lender By: /s/ ▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇ Name: ▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇ Title: Vice President Citibank N.A., as Lender By: /s/ Ciaran Small Name: Ciaran Small Title: VP HSBC Bank USA, National Association, as Lender By: /s/ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Title: Director, Corporate Banking LLOYDS BANK plc, as Lender By: /s/ ▇▇▇▇ ▇▇▇▇▇▇▇ Name: ▇▇▇▇ ▇▇▇▇▇▇▇ Title: Assistant Vice President By: /s/ ▇▇▇▇▇ ▇▇▇▇▇ Name: ▇▇▇▇▇ ▇▇▇▇▇ Title: Senior Vice President PNC Bank, N.A., as Lender By: /s/ ▇▇▇▇▇▇▇ Core Name: ▇▇▇▇▇▇▇ Core Title: Senior Vice President SunTrust Bank, as Lender By: /s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇ Title: FVP BMO ▇▇▇▇▇▇ Financing, Inc., as Lender By: /s/ ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Name: ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Title: Senior Vice President First Hawaiian Bank, as Lender By: /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Title: Assistant Vice President Regions Bank, as Lender By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇▇▇▇▇ Title: Vice President TD Bank, N.A., as Lender By: /s/ ▇▇▇▇▇ ▇▇▇▇ Name: ▇▇▇▇▇ ▇▇▇▇ Title: Senior Vice President Agricultural Bank of China Ltd., New York Branch as Lender By: /s/ ▇▇▇▇ ▇▇▇▇▇ Name: ▇▇▇▇ ▇▇▇▇▇ Title: EVP & Head of Corporate Banking BNP Paribas, as Lender By: /s/ Gregoire ▇▇▇▇▇▇▇▇ Name: Gregoire ▇▇▇▇▇▇▇▇ Title: Vice President By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇-Bouvet Name: ▇▇▇▇▇▇ ▇▇▇▇▇▇-Bouvet Title: Vice President Fifth Third Bank, an Ohio Banking Corporation, as Lender By: /s/ ▇▇▇▇ ▇. ▇▇▇▇▇▇ Name: ▇▇▇▇ ▇. ▇▇▇▇▇▇ Title: Vice President The Northern Trust Company, as Lender By: /s/ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Title: Officer State Bank of India, New York as Term Loan Lender By: /s/ ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Name: ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Title: VP & Head (CMC) FirstMerit Bank, N.A., as Lender By: /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Title: Vice President • None [On file with Administrative Agent] $ 1,500,000,000 To: Bank of America, N.A., as Administrative Agent Ladies and Gentlemen: Reference is made to that certain Term Loan Credit Agreement, dated as of September 1, 2015 (as amended, restated, amended and restated, extended, supplemented or otherwise modified in writing from time to time, the “Credit Agreement”; the terms defined therein being used herein as therein defined), among Fidelity National Information Services, Inc., a Georgia corporation (the “Company”), each lender party thereto and Bank of America, N.A., as Administrative Agent. The Company hereby requests: ¨ A Borrowing of Loans ¨ A conversion or continuation of Loans 1. On (a Business Day).

Judgment Currency. The Obligations of each Borrower and ----------------- each other Obligor in respect of any sum due to any Lender or the Administrative Agent hereunder, under the Notes or under or in respect of any other Loan Document shall, notwithstanding any judgment in a currency (the "Judgment Currency") other than the currency in which such sum was originally ------------------ denominated (the "Original Currency"), be discharged only to the extent that ----------------- on the Business Day following receipt by such Lender or the Administrative Agent of any sum adjudged to be so due in the Judgment Currency, such Lender or the Administrative Agent, in accordance with normal banking procedures, purchases the Original Currency with the Judgment Currency. If the amount of Original Currency so purchased is less than the sum originally due to such Lender or the Administrative Agent, each Borrower agrees as a separate obligation and notwithstanding any such judgment, to indemnify each Lender and the Administrative Agent, as the case may be, against such loss, and if the amount of Original Currency so purchased exceeds the sum originally due to such Lender and the Administrative Agent, as the case may be, each Lender and the Administrative Agent agree to remit any excess to the applicable Obligor. If, for the purposes purpose of obtaining judgment in any court, it is necessary to convert a sum due hereunder or under any other Loan Document in one another currency into another currencyDollars or into a Foreign Currency, as the case may be, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which which, in accordance with normal banking procedures procedures, the Administrative Agent applicable Secured Party could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower in respect of any with Dollars or with such sum due from it to the Administrative Agent, any Issuing Lender or any Lender hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Foreign Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, such Issuing Lender or such Lender, as the case may be, in New York City, at the close of business on the Business Day immediately preceding the day on which final judgment is given, together with any sum adjudged to be so due premiums and costs of exchange payable in the Judgment Currency, the Administrative Agent, connection with such Issuing Lender or such Lender, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent, any Issuing Lender or any Lender from the Borrower in the Agreement Currency, the Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent, such Issuing Lender or such Lender, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent, any Issuing Lender or any Lender in such currency, the Administrative Agent, such Issuing Lender or such Lender, as the case may be, agrees to return the amount of any excess to the Borrower (or to any other Person who may be entitled thereto under applicable law)purchase.

Judgment Currency. If, for the purposes purposepurposes of obtaining judgment in any court, it is necessary to convert a an amounta sum due hereunder or in theor any other Loan Document in one currency in which it is due (the “Original Currency”) into another currencycurrency (the “Second Currency”), the rate of exchange used appliedused shall be that at which which, in accordance with normal banking procedures procedures, the Administrative Agent could purchase in the New York foreign exchange market, the Original Currency with the Second Currency on the date two (2)the first currency with such other currency on the Business Day DaysDay preceding that on which final judgment is given. Each Loan Party agrees that its The obligation of the each Borrower in respect of any such Original Currencysuch sum due from it to the Administrative Agent, any Issuing Lender Agent or any Lender hereunder or under the other Loan Documents shall, notwithstanding any judgment or payment in such other currencyin a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that that, on the Business Day following receipt the datereceipt by the Administrative Agent, such Issuing Lender or Agent receives paymentor such Lender, as the case may be, of any sum so adjudged to be so due hereunder in the Judgment SecondJudgment Currency, the Administrative Agent, such Issuing Lender Agent may,or such Lender, as the case may be, may in accordance with normal banking procedures procedures, purchase, in the New York foreign exchange market, the Original Currency with the amount of the Second Currency so paid; and if the amount of the Original Currency so purchased or could have been purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum amountsum originally due to in the Original Currency, each Loan Partyto the Administrative Agent, any Issuing Lender Agent or any Lender from the any Borrower in the Agreement Currency, the such Borrower agrees, as a separate obligation and notwithstanding any such payment or judgment, to indemnify the Administrative Agent and the Appropriate Lenders against such loss. The term “rate of exchange” in this Section 11.19 means the spot rate at which the Administrative Agent, in accordance with normal practices, is able on the relevant date to purchase the Original Currency with the Second Currency, and includes any premium and costs of exchange payable in connection with such Issuing Lender or purchaseor such Lender, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent, any Issuing Lender Agent or any Lender in such currency, the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, agrees to return the amount of any excess to the such Borrower (or to any other Person who may be entitled thereto under applicable law).

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or under any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the each Borrower in respect of any such sum due from it to the Administrative Agent, any Issuing Lender or any Lender the L/C Issuer hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, such Issuing Lender or such Lenderthe L/C Issuer, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent, such Issuing Lender or such Lenderthe L/C Issuer, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent, any Issuing Lender or the L/C Issuer from any Lender from the Borrower in the Agreement Currency, the such Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent, such Issuing Lender or such Lenderthe L/C Issuer, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent, any Issuing Lender or any Lender in such currency, the Administrative Agent, such Issuing Lender or such Lender, as the case may be, agrees to return the amount of any excess to the Borrower (or to any other Person who may be entitled thereto under applicable law).Currency

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower Borrowers in respect of any such sum due from it to the Administrative Agent, any the Issuing Lender Bank or any Lender hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, such the Issuing Lender Bank or such Lender, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent, such the Issuing Lender Bank or such Lender, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent, any the Issuing Lender Bank or any Lender from the Borrower Borrowers in the Agreement Currency, the Borrower Borrowers agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent, such the Issuing Lender Bank or such Lender, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent, any the Issuing Lender Bank or any Lender in such currency, the Administrative Agent, such the Issuing Lender Bank or such Lender, as the case may be, agrees to return the amount of any excess to the Borrower Borrowers (or to any other Person who may be entitled thereto under applicable lawApplicable Law).

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the each Borrower in respect of any such sum due from it to the Administrative Agent, any Issuing Lender or any Lender L/C Issuer hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than otherthan that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, such Issuing Lender or such LenderL/C Issuer, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent, such Issuing Lender or such LenderL/C Issuer, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent, any Issuing Lender or any Lender L/C Issuer from the any Borrower in the Agreement Currency, the such Borrower agrees, as a separate obligation and notwithstanding any such judgment, to 141 152302503 indemnify the Administrative Agent, such Issuing Lender or such LenderL/C Issuer, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent, any Issuing Lender or any Lender L/C Issuer in such currency, the Administrative Agent, such Issuing Lender or such LenderL/C Issuer, as the case may be, agrees to return the amount of any excess to the such Borrower (or to any other Person who may be entitled thereto under applicable law).

Judgment Currency. If, (a) If for the purposes of obtaining judgment in any court, court it is necessary to convert a sum due hereunder or in any other Loan Document in one currency (the “Original Currency”) into another currencycurrency (the “Other Currency”) each Guarantor, the Administrative Agent and the other Creditors, by their acceptance of the benefits hereof, agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency Original Currency with such other currency the Other Currency at the Payment Office on the second Business Day preceding that on which final judgment is given. . (a) The obligation of the Borrower a Guarantor in respect of any such sum due in the Original Currency from it to the Administrative Agent, any Issuing Lender Agent or any Lender other Creditor hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment any Other Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by such Creditor or the Administrative Agent, such Issuing Lender or such Lender, Agent (as the case may be, ) of any sum adjudged to be so due in the Judgment Currency, such Other Currency such Creditor or the Administrative Agent, such Issuing Lender or such Lender, Agent (as the case may be, ) may in accordance with normal banking procedures purchase the Agreement Currency U.S. Dollars with the Judgment such Other Currency. If ; if the amount of the Agreement Original Currency so purchased is less than the sum originally due to such Creditor or the Administrative Agent, any Issuing Lender or any Lender from Agent (as the Borrower case may be) in the Agreement Original Currency, the Borrower such Guarantor agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Creditor or the Administrative Agent, such Issuing Lender or such Lender, Agent (as the case may be, ) against such loss. If , and if the amount of the Agreement Original Currency so purchased is greater than exceeds the sum originally due to the Administrative Agent, any Issuing Lender Agent or any Lender in such currency, the Administrative Agent, such Issuing Lender or such Lender, other Creditor (as the case may be) in the Original Currency, the Administrative Agent or such other Creditor (as the case may be) agrees to return the amount of any excess remit to the Borrower (or to any other Person who may be entitled thereto under applicable law)such Guarantor such excess.

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the each Borrower Party in respect of any such sum due from it to the Administrative Agent, any Issuing Lender Letter of Credit Issuer or any Lender hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Credit Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, such Issuing Lender Letter of Credit Issuer or such Lender, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent, such Issuing Lender Letter of Credit Issuer or such Lender, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent, any Issuing Lender Letter of Credit Issuer or any Lender from the any Borrower Party in the Agreement Currency, the such Borrower Party agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent, such Issuing Lender Letter of Credit Issuer or such Lender, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent, any Issuing Lender Letter of Credit Issuer or any Lender in such currency, the Administrative Agent, such Issuing Lender Letter of Credit Issuer or such Lender, as the case may be, agrees to return the 4857-3757-1665 v.17 amount of any excess to the such Borrower Party (or to any other Person who may be entitled thereto under applicable law).

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower each Pledgor in respect of any such sum due from it to the Administrative Agent, any Issuing Lender Agent or any Lender hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this the Credit Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent, any Issuing Lender Agent or any Lender from the Borrower any Pledgor in the Agreement Currency, the Borrower such Pledgor agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent, any Issuing Lender Agent or any Lender in such currency, the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, agrees to return the amount of any excess to the Borrower such Pledgor (or to any other Person who may be entitled thereto under applicable lawApplicable Law).. CHAR1\1838878v4

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document Paper in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower in respect of any such sum due from it to the Administrative Agent, any Issuing Lender Agent or any Lender L/C Issuer hereunder or under the other Loan Documents Papers shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement 126 Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, such Issuing Lender Agent or such LenderL/C Issuer, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent, such Issuing Lender Agent or such LenderL/C Issuer, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent, any Issuing Lender Agent or any Lender L/C Issuer from the Borrower in the Agreement Currency, the Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent, such Issuing Lender Agent or such LenderL/C Issuer, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent, any Issuing Lender Agent or any Lender L/C Issuer in such currency, the Administrative Agent, such Issuing Lender Agent or such LenderL/C Issuer, as the case may be, agrees to return the amount of any excess to the Borrower (or to any other Person who may be entitled thereto under applicable law).

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Credit Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower any Credit Party in respect of any such sum due from it to the Administrative Agent, any Issuing Lender Lender, or any Issuing Lender hereunder or under the other Loan Credit Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, such Issuing Lender Lender, or such Issuing Lender, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent, such Issuing Lender Lender, or such Issuing Lender, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent, any Lender, or any Issuing Lender or from any Lender from the Borrower Credit Party in the Agreement Currency, the Borrower such Credit Party agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent, such Issuing Lender Lender, or such Issuing Lender, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent, any Issuing Lender Lender, or any Issuing Lender in such currency, the Administrative Agent, such Issuing Lender Lender, or such Issuing Lender, as the case may be, agrees to return the amount of any excess to the Borrower applicable Credit Party (or to any other Person who may be entitled thereto under applicable law).

Judgment Currency. IfThis is a loan transaction in which the specification of Sterling, Euro or Dollars is of the essence, and the stipulated currency shall in each instance be the currency of account and payment in all instances. A payment obligation in one currency hereunder (the "Original Currency") shall not be discharged by an amount paid in another currency (the "Other Currency"), whether pursuant to any judgment expressed in or converted into any Other Currency or in another place except to the extent that such tender or recovery results in the effective receipt by a party hereto of the full amount of the Original Currency payable to such party. If for the purposes purpose of obtaining judgment in any court, court it is necessary to convert a sum due hereunder or any other Loan Document in one currency the Original Currency into another currencythe Other Currency, the rate of exchange used that shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is givenapplicable Spot Rate. The obligation of the Borrower and the Guarantors in respect of any such sum due from it to the Administrative Agent, any Issuing Lender Bank or any Lender hereunder or under the other any Loan Documents Document (in this Section 10.15 called an "Entitled Person") shall, notwithstanding any judgment the rate of exchange actually applied in a currency (the “Judgment Currency”) other than that in which rendering such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”)judgment, be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, such Issuing Lender or such Lender, as the case may be, Entitled Person of any sum adjudged to be so due hereunder in the Judgment Currency, the Administrative Agent, Other Currency such Issuing Lender or such Lender, as the case may be, Entitled Person may in accordance with normal banking procedures purchase the Agreement Original Currency with the Judgment Currency. If the amount of the Agreement Currency judgment currency so purchased is less than adjudged to be due; and the sum originally due to the Administrative Agent, any Issuing Lender or any Lender from the Borrower in the Agreement Currency, the Borrower agreesBorrower, as a separate obligation and notwithstanding any such judgment, agrees to indemnify such Entitled Person against, and to pay such Entitled Person on demand, in the Administrative AgentOriginal Currency, such Issuing Lender or such Lender, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than (if any) by which the sum originally due to such Entitled Person in the Administrative Agent, any Issuing Lender or any Lender in such currency, the Administrative Agent, such Issuing Lender or such Lender, as the case may be, agrees to return Original Currency hereunder exceeds the amount of any excess to the Borrower (or to any other Person who may be entitled thereto under applicable law)Other Currency so purchased.

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due Each Credit Party’s obligation hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower in respect of any such sum due from it to the Administrative Agent, any Issuing Lender or any Lender hereunder or and under the other Loan Documents shall, notwithstanding to make payments in Dollars shall not be discharged or satisfied by any tender or recovery pursuant to any judgment expressed in a or converted into any currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”)Dollars, be discharged only except to the extent that on such tender or recovery results in the Business Day following effective receipt by the Administrative Agent, such the Issuing Lender or the respective Lender of the full amount of Dollars expressed to be payable to the Administrative Agent, the Issuing Lender or such LenderLender under this Agreement or the other Loan Documents. If, for the purpose of obtaining or enforcing judgment against any Credit Party in any court or in any jurisdiction, it becomes necessary to convert into or from any currency other than Dollars (such other currency being hereinafter referred to as the case may be“Judgment Currency”), of any sum adjudged to be so an amount due in Dollars, the Judgment Currencyconversion shall be made, at the rate of exchange quoted by the Administrative Agent (or, if the Administrative Agent does not quote a rate of exchange on such currency, by a known dealer in such currency designated by the Administrative Agent), such Issuing Lender or such Lenderdetermined, in each case, as of the case may be, may in accordance with normal banking procedures purchase Business Day on which the Agreement Currency with the Judgment Currencyjudgment is given. If the amount of the Agreement Currency Dollars so purchased is less than the sum originally due to the Administrative Agent, any the Issuing Lender or any Lender from the Borrower in the Agreement CurrencyBorrowers, eachBorrower, the Borrower agrees, jointly and severally, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent, such the Issuing Lender or such Lender, as the case may be, against such loss. If the amount of the Agreement Currency Dollars so purchased is greater than the sum originally due to the Administrative Agent, any the Issuing Lender or any Lender in such currencyLender, the Administrative Agent, such the Issuing Lender or such Lender, as the case may be, agrees to return the amount of any excess to the Borrower BorrowersBorrower (or to any other Person who may be entitled thereto under applicable lawApplicable Law). For purposes of determining any rate of exchange for this Section 11.22,11.23, such amounts shall include any premium and costs payable in connection with the purchase of Dollars.

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or under any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the each Borrower in respect of any such sum due from it to the Administrative Agent, any Issuing Lender or any Lender the L/C Issuer hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, such Issuing Lender or such Lenderthe L/C Issuer, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent, such Issuing Lender or such Lenderthe L/C Issuer, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent, any Issuing Lender or the L/C Issuer from any Lender from the Borrower in the Agreement Currency, the such Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent, such Issuing Lender or such Lenderthe L/C Issuer, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent, any Issuing Lender or any Lender the L/C Issuer in such currency, the Administrative Agent, such Issuing Lender or such Lenderthe L/C Issuer, as the case may be, agrees to return the amount of any excess to the such Borrower (or to any other Person who may be entitled thereto under applicable law).. The agreement in this

Judgment Currency. If, If for the purposes purpose of obtaining judgment in any court, court it is necessary to convert a sum due from a Borrower hereunder or any other Loan Document in one the currency expressed to be payable herein (the “specified currency”) into another currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first specified currency with other such other currency at the Administrative Agent’s New York Office on the Business Day preceding that is on or immediately following the day on which final judgment is given. The obligation obligations of the Borrower Borrowers in respect of any such sum due from it to any Lender, the Administrative Agent, any Issuing Lender the Multi-Currency Payment Agent, the Brazilian Administrative Agent or any Lender the Canadian Administrative Agent hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”)specified currency, be discharged only to the extent that on the Business Day following receipt by such Lender, the Administrative Agent, such Issuing Lender the Multi-Currency Payment Agent, the Brazilian Administrative Agent or such Lenderthe Canadian Administrative Agent, as the case may be, of any sum adjudged to be so due in the Judgment Currencysuch other currency, such Lender, the Administrative Agent, such Issuing Lender the Multi-Currency Payment Agent, the Brazilian Administrative Agent or such Lender, the Canadian Administrative Agent as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency specified currency with the Judgment Currencysuch other currency. If the amount of the Agreement Currency specified currency so purchased is less than the sum originally due to such Lender, the Administrative Agent, any Issuing Lender the Multi-Currency Payment Agent, the Brazilian Administrative Agent or any Lender from the Borrower Canadian Administrative Agent, as the case may be, in the Agreement Currencyspecified currency, each of the Borrower Borrowers agrees, to the fullest extent it may effectively do so, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender, the Administrative Agent, such Issuing Lender the Multi-Currency Payment Agent, the Brazilian Administrative Agent or such Lenderthe Canadian Administrative Agent, as the case may be, against such loss. If , and if the amount of the Agreement Currency specified currency so purchased is greater than exceeds the sum originally due to any Lender, the Administrative Agent the Multi-Currency Payment Agent, the Brazilian Administrative Agent or the Canadian Administrative Agent, as the case may be, in the specified currency, such Lender or the Administrative Agent, any Issuing Lender or any Lender in such currencythe Multi-Currency Payment Agent, or the Brazilian Administrative Agent or the Canadian Administrative Agent, such Issuing Lender or such Lender, as the case may be, agrees to return the amount of any remit such excess to the Borrower (or to any other Person who may be entitled thereto under applicable law)Borrowers.

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one (1) currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the each Borrower in respect of any such sum due from it to the Administrative AgentAgent or, any Issuing Lender or any Lender L/C Issuer hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative AgentAgent or, such Issuing Lender or such LenderL/C Issuer, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative AgentAgent or, such Issuing Lender or such LenderL/C Issuer, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative AgentAgent or, any Issuing Lender or any Lender L/C Issuer from the any Borrower in the Agreement Currency, the such Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative AgentAgent or, such Issuing Lender or such Lender, or such L/C Issuer as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative AgentAgent or, any Issuing Lender or any Lender L/C Issuer in such currency, the Administrative AgentAgent or, such Issuing Lender or such LenderL/C Issuer, as the case may be, agrees to return the amount of any excess to the such Borrower (or to any other Person who may be entitled thereto under applicable lawLaw).

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the each Borrower Party in respect of any such sum due from it to the Administrative Agent, any Issuing Lender the Letter of Credit Issuer or any Lender hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Credit Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, such Issuing Lender the Letter of Credit Issuer or such Lender, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent, such Issuing Lender the Letter of Credit Issuer or such Lender, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent, any Issuing Lender the Letter of Credit Issuer or any Lender from the any Borrower Party in the Agreement Currency, the such Borrower Party agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent, such Issuing Lender the Letter of Credit Issuer or such Lender, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent, any Issuing Lender the Letter of Credit Issuer or any Lender in such currency, the Administrative Agent, such Issuing Lender the Letter of Credit Issuer or such Lender, as the case may be, agrees to return the amount of any excess to the such Borrower Party (or to any other Person who may be entitled thereto under applicable law).

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the each Borrower in respect of any such sum due from it to the Administrative Agent, any Issuing Lender or any Lender L/C Issuer hereunder or under the other 146 Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, such Issuing Lender or such LenderL/C Issuer, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent, such Issuing Lender or such LenderL/C Issuer, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent, any Issuing Lender or any Lender L/C Issuer from the any Borrower in the Agreement Currency, the such Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent, such Issuing Lender or such LenderL/C Issuer, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent, any Issuing Lender or any Lender L/C Issuer in such currency, the Administrative Agent, such Issuing Lender or such LenderL/C Issuer, as the case may be, agrees to return the amount of any excess to the such Borrower (or to any other Person who may be entitled thereto under applicable lawApplicable Law).