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 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 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 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 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 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 (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, 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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, 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 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, 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, 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. If, for the purposes purpose 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 any Agent could purchase the first currency with such other currency on the Business Day preceding that on which a final judgment is given. The obligation of the Borrower in respect of any such sum due from it to the Administrative any Agent, any Issuing Lender or any Lender Issuing Bank, as the case may be, 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 the receipt by the Administrative Agent, such Issuing Lender or such Lender, as the case may be, an Agent of any sum adjudged to be so due in the Judgment Currency, the Administrative Agentsuch Agent purchases or could have purchased, such Issuing Lender or such Lender, as the case may be, may in accordance with normal banking procedures purchase procedures, the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so that an Agent purchases or could have purchased is less than the sum originally due to the Administrative Agent, any Issuing Lender or any Lender from the Borrower in the Agreement CurrencyCurrency from a Borrower to such Agent, such Lender or such Issuing Bank, as the case may be, such Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Agent or the Administrative Agent, Person to whom such Issuing Lender or such Lender, as the case may be, obligation is owing against such loss. If the amount of the Agreement Currency so that an Agent purchases or could have purchased is greater than the sum originally due to the Administrative Agent, any Issuing Lender or any Lender in such currency, the Administrative currency to such Agent, such Issuing Lender or such LenderIssuing Bank, as the case may be, such Agent, such Lender or such Issuing Bank, 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. 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 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 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 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 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 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 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”) 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 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 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 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, 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. 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 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 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 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. 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, 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. 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 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, 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. 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 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 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 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, (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. 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. (1) If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder to the Agent or any other Loan Document in one currency the Lenders from the Original Currency into another currencythe Judgment 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 Judgment Currency on the Business Day preceding that on which final judgment is given. paid or satisfied. (2) The obligation Obligations of the Borrower in respect of any such sum due in the Original Currency from it to the Administrative Agent, Agent or the Lenders under any Issuing Lender or any Lender hereunder or under of the other Loan Credit Documents shall, notwithstanding any judgment in a currency (the “any 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 Lenderthe Lenders, as the case may be, of any sum adjudged to be so due in the such 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 Original Currency with the such Judgment Currency. If the amount of the Agreement Original Currency so purchased is less than the sum originally due to the Administrative AgentAgent or the Lenders, 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 Lenderthe Lenders, 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 LenderLenders, as the case may be, agrees in the Original Currency, the Agent or the Lenders, 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. (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, (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 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 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 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 3.8, 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 excess to the Borrower (or to any other Person who may be entitled thereto under applicable law)respective Loan Party.

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/ Cxxxx X. Xxxxx Name: Cxxxx X. Xxxxx 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/ Mxxxxxxx x’Xxxxx Xx: /s/ Lxxxx Xxxxxxx Name: Mxxxxxxx x’Xxxxx Name: Lxxxx Xxxxxxx Title: DCM Executive Director Title: Authorized Signatory BNP Paribas MUFG Securities EMEA plc By: /s/ Vxxxx Xxxxxx By: /s/ Cxxxxx Xxxxxxx Name: Vxxxx Xxxxxx Name: Cxxxxx Xxxxxxx Title: Authorized Signatory Title: Authorized Signatory By: /s/ Kxxxx Xxxxx Name: Kxxxx Xxxxx 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 from a currency (the "ORIGINAL CURRENCY") into another currencycurrency (the "OTHER CURRENCY"), the rate of exchange used parties hereto agree, to the fullest extent that they may effectively do so, such conversion shall be that done at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency Exchange Rate used on the second Business Day preceding that day on which final judgment is given. . (b) The obligation of the Borrower Credit Parties in respect of any such sum due in the Original Currency from it any of them to any Lender, Issuing Lender, or the Administrative Agent, any Issuing Lender or any Lender hereunder or Agent under the other Loan Documents this Agreement 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 Business Day following receipt by the Administrative Agent, such Issuing Lender or such Lender, as Issuing Lender, or the case may be, Administrative Agent of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent, such Issuing Lender or Other Currency such Lender, as Issuing Lender, or the case may be, Administrative Agent may in accordance with normal banking procedures purchase such amount of the Agreement Original Currency with such Other Currency at its principal office in London, England which the Judgment Currency. If Administrative Agent could have purchased on the second Business Day preceding that on which the final judgment referred to in SECTION 11.9 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 Business Day preceding that on which such final judgment is given, any Issuing Lender or any Lender from the Borrower in the Agreement Currency, the Borrower each Credit Party agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent, such Issuing Lender or such Lender, as Issuing Lender, or the case may be, Administrative Agent against such loss. If difference, and if the amount of the Agreement Original Currency so purchased is greater than exceeds the sum originally due to amount of the Original Currency which the Administrative AgentAgent could have purchased on the second Business Day preceding that on which such final judgment is given, any Issuing Lender or any Lender in such currency, the Administrative Agent, such Issuing Lender or such Lender, as Issuing Lender, or the case may be, Administrative Agent 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)Credit Party.

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).

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. . (b) 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 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).. CHAR1\1985879v4 CHAR1\1985859v3 Date: ___________, _____1 To: Bank of America, N.A., as Administrative Agent Ladies and Gentlemen: Reference is made to that certain Credit Agreement, dated as of August 19, 2021 (as amended, restated, extended, supplemented or otherwise modified in writing from time to time, the “Agreement;” the terms defined therein being used herein as therein defined), among The Mosaic Company, a Delaware corporation (the “Borrower”), the Lenders from time to time party thereto, Bank of America, N.A., as Administrative Agent, Swing Line Lender and an L/C Issuer, and the other L/C Issuers from time to time party thereto. The undersigned hereby requests (select one)2:

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, 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 Borrowers in the Agreement Currency, the each 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 relevant 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 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 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)Borrower.

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, 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 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 each Borrower 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 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 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, Agent 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 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 such Borrower (or to any other Person who may be entitled thereto under applicable law). UK Know-Your-Customer Requirements. (a) If: (A) the introduction of or any change in (or in the interpretation, administration or application of) any law or regulation made after the date of this Agreement; (B) any change in the status of a Credit Party after the date of this Agreement; or (C) a proposed assignment or transfer by a Lender of any of its rights and obligations under this Agreement to a party that is not a Lender prior to such assignment or transfer, obliges the Administrative Agent or any Lender (or, in the case of clause (iii) above, any prospective new Lender) to comply with “know your customer” or similar identification procedures in circumstances where the necessary information is not already available to it, each Credit Party shall promptly upon the request of the Administrative Agent or any Lender supply, or procure the supply of, such documentation and other evidence as is reasonably requested by the Administrative Agent (for itself or on behalf of any Lender) or any Lender (for itself or, in the case of the event described in subclause (iii) above, on behalf of any prospective new Lender) in order for the Agent, such Lender or, in the case of the event described in subclause (iii) above, any prospective new Lender to carry out and be satisfied it has complied with all necessary “know your customer” or other similar checks under all Requirements of Law applicable to the transactions contemplated in the Credit Documents. (b) Each Lender shall promptly upon the reasonable request of the Administrative Agent supply, or procure the supply of, such documentation and other evidence as is reasonably requested by the Administrative Agent (for itself) in order for the Administrative Agent to carry out and be satisfied it has complied with all necessary “know your customer” or other similar checks under all Requirements of Law applicable to the transactions contemplated in the Credit Documents.

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 Collateral 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 Loan Parties in respect of any such sum due from it to the Administrative Agent, any Issuing Lender the Collateral 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 U.S. dollars (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, such Issuing Lender the Collateral 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 Collateral 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 Collateral Agent or any Lender from the Borrower any Loan Party in the Agreement Currency, the Borrower agreesLoan Parties, jointly and severally, agree, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent, such Issuing Lender the Collateral 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 Collateral Agent or any Lender in such currency, the Administrative Agent, such Issuing Lender the Collateral 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 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 -164- CREDIT AGREEMENT (PATTERN REVOLVER) 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 Agent could purchase the first currency with such other currency after any premium and costs of exchange 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 or other Secured Party 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 Lenderother Secured Party, 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 Lenderother Secured Party, 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 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, Agent or such Issuing Lender or such Lenderother Secured Party, 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 other Secured Party in such currency, the Administrative Agent, Agent or such Issuing Lender or such Lenderother Secured Party, 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 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 or the Canadian Subfacility 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 the Canadian Borrower in respect of any such sum due from it to the Administrative Agent, any Issuing Lender the Canadian Subfacility 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 Agent or such Lender, as the case may be, Canadian Subfacility Agent 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, Canadian Subfacility 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 in the Agreement Currency, the Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent, the Canadian Subfacility 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 (or to any other Person who may be entitled thereto under applicable law). If the amount of the Agreement Currency so purchased is less than the sum originally due to the Canadian Subfacility Agent from the Canadian Borrower in the Agreement Currency, the Canadian Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Canadian Subfacility 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 Canadian Subfacility Agent in such currency, the Canadian Subfacility Agent agrees to return the amount of any excess to the Canadian 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 each 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 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 Guarantor in the Agreement Currency, the Borrower such Guarantor 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 Guarantor (or to any other Person who may be entitled thereto under applicable lawApplicable Law).. CHAR1\0000000x0

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. . (b) 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, such Creditor or the 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 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 LenderXxxxxx, 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 purpose of obtaining judgment in any court, court it is necessary to convert a sum due from any Borrower hereunder or under any other Loan Document Note in one currency Dollars or due hereunder or under any Yen Note in Yen (in each case, the "Contract Currency") into another currencycurrency (the "Judgment 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 Relevant Agent could purchase the first currency Contract Currency with such other currency the Judgment Currency at the Relevant Agent's New York office on the Domestic Business Day (or the Tokyo Business Day in the case of the Yen Administrative Agent) preceding that on which final judgment is given. The obligation obligations of the each Borrower in respect of any such sum due from it to the Administrative Agent, any Issuing Lender or any Lender Agent hereunder or under the other Loan Documents any Note or Yen 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 Contract Currency”), be discharged only to the extent that on the Domestic Business Day (or Tokyo Business Day) following receipt by 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, the Administrative Agent, Currency such Issuing Lender or such Lender, Agent (as the case may be, ) may in accordance with normal banking procedures purchase the Agreement Contract Currency with the Judgment Currency. If ; if the amount of the Agreement Contract Currency so purchased is less than the sum originally due to the Administrative such Lender or such Agent, any Issuing Lender or any Lender from as the Borrower case may be, in the Agreement Contract 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 the Administrative Agent, such Issuing Lender or such LenderAgent, as the case may be, against such loss. If , and if the amount of the Agreement Contract Currency so purchased is greater than exceeds (a) the sum originally due to the Administrative Agent, any Issuing Lender or any Lender in such currency, the Administrative Agent, as the case may be, and (b) any amounts shared with other Lenders as a result of allocations of such Issuing excess as a disproportionate payment to such Lender or 102 109 under Section 12.4, 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)appropriate Borrower.

Judgment Currency. If, for A. The obligations of Company and 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 Parties hereunder or and under the other Loan Documents shall, notwithstanding to make payments in dollars (the "Obligation ---------- Currency") 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 Obligation Currency”), 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 Issuing Agent or a Lender or the Issuing Bank of the full amount of the Obligation Currency expressed to be payable to the Administrative Agent or such LenderLender or the Issuing Bank under this Agreement or the other Loan Documents. If, for the purpose of obtaining or enforcing judgment against Company or any other Loan Party or in any court or in any jurisdiction, it becomes necessary to convert into or from any currency other than the Obligation Currency (such other currency being hereinafter referred to as the case may be, of any sum adjudged to be so "Judgment Currency") an amount due in the Judgment Obligation ----------------- Currency, the conversion shall be made at the rate of exchange (as quoted by the Administrative AgentAgent or if the Administrative Agent does not quote a rate of exchange on such currency, by a known dealer in 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 currency designated by the Administrative Agent) determined, any Issuing Lender or any Lender from in each case, as of the Borrower date immediately preceding the day on which the judgment is given (such Business Day being hereinafter referred to as the "Judgment Currency Conversion Date"). --------------------------------- B. If there is a change in the Agreement Currencyrate of exchange prevailing between the Judgment Currency Conversion Date and the date of actual payment of the amount due, the Borrower agreesCompany covenants and agrees to pay, or cause to be paid, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agentsuch additional amounts, such Issuing Lender or such Lenderif any (but in any event not a lesser amount), as may be necessary to ensure that the case may beamount paid in the Judgment Currency, against such loss. If when converted at the rate of exchange prevailing on the date of payment, will produce the amount of the Agreement Obligation Currency so which could have been 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 with the amount of Judgment Currency stipulated in the judgment or judicial award at the rate of exchange prevailing on the Judgment Currency Conversion Date. 169 C. For purposes of determining the rate of exchange for this Section, such amounts shall include any excess to premium and costs payable in connection with the Borrower (or to any other Person who may be entitled thereto under applicable law)purchase of the Obligation 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 each Borrower Party in respect of any 148 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 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 in the Agreement Currency, the Borrower 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 (or to any other Person who may be entitled thereto under applicable law).. Hospitality Technologies, S.A. MICROS-Fidelio Australia Pty Ltd. MICROS-Fidelio Austria GmbH MICROS-Fidelio Brazil, Ltda. MICROS-Fidelio (Canada) Ltd. MICROS Fidelio Chile, S.A. MICROS-Fidelio Information Systems (Shanghai) Co. Ltd. CommercialWare, Inc. JTECH Communications, Inc. TIG Global LLC MICROS Fidelio Denmark ApS MICROS Fidelio Finland Oy Fidelio Cruise, Inc. MICROS-Fidelio France, S.A.S. MICROS-Fidelio GmbH Fidelio Cruise GmbH MICROS-Fidelio Hong Kong, Ltd. Fidelio India Private Ltd.

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 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 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 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 (or to any other Person who may be entitled thereto under applicable law).

Judgment Currency. (a) The Borrowers' obligations hereunder and the Borrowers' and the other Loan Parties' obligations under the other Loan Documents to make payments in Dollars or in any Alternative Currency (the "Obligation Currency") shall not be discharged or satisfied by any tender or recovery pursuant to any judgment expressed in or converted into any currency other than the Obligation Currency, except to the extent that such tender or recovery results in the effective receipt by the applicable Administrative Agent, the Collateral Agent or a Lender of the full amount of the Obligation Currency expressed to be payable to the applicable Administrative Agent, the Collateral Agent or such Lender under this Agreement or the other Loan Documents. If, for the purposes purpose of obtaining or enforcing judgment in against any court, it is necessary to convert a sum due hereunder Borrower or any other Loan Document Party in one any court or in any jurisdiction, it becomes necessary to convert into or from any currency into another currencyother than the Obligation Currency (such other currency being hereinafter referred to as the "Judgment Currency") an amount due in the Obligation Currency, the conversion shall be made, at the Dollar Equivalent of such amount, in the case of any Alternative Currency or 210 Dollars, and, in the case of other currencies, the rate of exchange used shall be that at which in accordance with normal banking procedures (as quoted by the U.S. Administrative Agent could purchase or if the first U.S. Administrative Agent does not quote a rate of exchange on such currency, by a known dealer in such currency with designated by the U.S. Administrative Agent) determined, in each case, as of the date immediately preceding the day on which the judgment is given (such other currency on the Business Day preceding that on which final judgment being hereinafter referred to as the "Judgment Currency Conversion Date"). (b) If there is given. The obligation a change in the rate of exchange prevailing between the Judgment Currency Conversion Date and the date of actual payment of the Borrower amount due, the Borrowers covenant and agree to pay, or cause to be paid, such additional amounts, if any (but 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 event not 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”lesser amount), as may be discharged only necessary to ensure that 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 amount paid in the Judgment Currency, when converted at the Administrative Agentrate of exchange prevailing on the date of payment, 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 will produce the amount of the Agreement Obligation Currency so which could have been 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 with the amount of Judgment Currency stipulated in the Agreement judgment or judicial award at the rate of exchange prevailing on the Judgment Currency so purchased is greater than Conversion Date. (c) For purposes of determining the sum originally due to the Administrative Agent, any Issuing Lender Dollar Equivalent or any Lender in such currency, the Administrative Agentrate of exchange for this Section, such Issuing Lender or such Lender, as amounts shall include any premium and costs payable in connection with the case may be, agrees to return purchase of the amount of any excess to the Borrower (or to any other Person who may be entitled thereto under applicable law)Obligation 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 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, 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 (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 or the applicable L/C Issuer, as the case may be, 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 Issuers or any Lender the Revolving Loan 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 Agent or such Lenderthe applicable 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 Agent or such LenderL/C Issuer, as the case may be, may in accordance with its 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 the applicable L/C Issuer, any Issuing Lender or any Lender as the case may be, 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 other 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 AgentAgent or the applicable L/C Issuer, any Issuing Lender or any Lender as the case may be, 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. 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. If7.1 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. 7.2 The obligation of the Borrower Guarantors 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 agreesGuarantors 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 AgentAgent in the Payment Currency, any Issuing Lender or any Lender the Lenders and the Administrative Agent agree to remit to the Guarantors such excess. 7.3 The term "rate of exchange" in such currency, this Section 7 means the spot rate at which the Administrative Agent, such Issuing Lender or such Lenderin accordance with normal practices, as is able on the case may be, agrees relevant date to return purchase the amount Payment Currency with the Judgment Currency and includes any premium and costs of any excess to exchange payable in connection with the Borrower (or to any other Person who may be entitled thereto under applicable law)purchase.

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 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 Grantor in the Agreement Currency, the Borrower 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 Grantor (or to any other Person who may be entitled thereto under applicable law).

Judgment Currency. If, for A. The obligations of Company and 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 Parties hereunder or and under the other Loan Documents shall, notwithstanding to make payments in dollars (the "Obligation ---------- Currency") 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 Obligation Currency”), 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 Issuing Agent or a Lender or the Issuing Bank of the full amount of the Obligation Currency expressed to be payable to the Administrative Agent or such LenderLender or the Issuing Bank under this Agreement or the other Loan Documents. If, for the purpose of obtaining or enforcing judgment against Company or any other Loan Party or in any court or in any jurisdiction, it becomes necessary to convert into or from any currency other than the Obligation Currency (such other currency being hereinafter referred to as the case may be, of any sum adjudged to be so "Judgment Currency") an amount due in the Judgment Obligation Currency, the conversion ----------------- shall be made at the rate of exchange (as quoted by the Administrative AgentAgent or if the Administrative Agent does not quote a rate of exchange on such currency, by a known dealer in 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 currency designated by the Administrative Agent) determined, any Issuing Lender or any Lender from in each case, as of the Borrower date immediately preceding the day on which the judgment is given (such Business Day being hereinafter referred to as the "Judgment Currency Conversion Date"). --------------------------------- B. If there is a change in the Agreement Currencyrate of exchange prevailing between the Judgment Currency Conversion Date and the date of actual payment of the amount due, the Borrower agreesCompany covenants and agrees to pay, or cause to be paid, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agentsuch additional amounts, such Issuing Lender or such Lenderif any (but in any event not a lesser amount), as may be necessary to ensure that the case may beamount paid in the Judgment Currency, against such loss. If when converted at the rate of exchange prevailing on the date of payment, will produce the amount of the Agreement Obligation Currency so which could have been 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 with the amount of Judgment Currency stipulated in the judgment or judicial award at the rate of exchange prevailing on the Judgment Currency Conversion Date. C. For purposes of determining the rate of exchange for this Section, such amounts shall include any excess to premium and costs payable in connection with the Borrower (or to any other Person who may be entitled thereto under applicable law)purchase of the Obligation Currency.

Judgment Currency. IfThe obligations of the Borrower hereunder and under the other Credit Documents to make payments in Dollars shall not be discharged or satisfied by any tender or recovery pursuant to any judgment expressed in or converted into any currency other than Dollars, except to the extent that such tender or recovery results in the effective receipt by the Sole Lead Arranger, the Administrative Agent or the respective Lender of the full amount of Dollars expressed to be payable to the Sole Lead Arranger, the Administrative Agent or such Lender under this Agreement or the other Credit Documents. The Borrower agrees to indemnify the Sole Lead Arranger, the Administrative Agent and each Lender against any loss incurred by the Sole Lead Arranger, the Administrative Agent or such Lender as a result of any judgment or order being given or made for the purposes payment of obtaining judgment in any court, it is necessary to convert a sum amount 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 the Administrative Agent, any Issuing Lender or any Lender hereunder or under the other Loan Documents shall, notwithstanding any judgment expressed and paid in a currency other than Dollars (such other currency, the “Judgment Currency”) other than that in and as a result of any variation between (a) the rate of exchange at which the Dollar amount is converted into the Judgment Currency for the purposes of such sum judgment or order, and (b) the rate of exchange at which the Sole Lead Arranger, the Administrative Agent or such Lender is denominated in accordance able to purchase Dollars with the applicable provisions amount of this Agreement (Judgment Currency actually received by the “Agreement Currency”)Sole Lead Arranger, be discharged only the Administrative Agent or such Lender. The foregoing indemnity shall, to the extent that on permitted by Applicable Law, constitute a separate and independent obligation of the Business Day following receipt Borrower, shall continue in full force and effect notwithstanding any such judgment or order as aforesaid, and shall not be affected by judgment being obtained for any other sums due under this Agreement or under any other Credit Document. The term “rate of exchange” shall include any premiums and costs payable in connection with the Administrative Agentpurchase of, such Issuing Lender or such Lender, as the case may be, of any sum adjudged to be so due in the Judgment Currencyconversion into, 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 Currencyrelevant currency. If the amount of the Agreement Currency Dollars so purchased is less than and transferred to the sum Sole Lead Arranger, the Administrative Agent or the respective Lender exceeds the amount originally due to the Administrative Agent, any Issuing Lender or any Lender from the Borrower in the Agreement CurrencySole Lead Arranger, 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 then the case may beSole Lead Arranger, against the Administrative Agent or such loss. If Lender shall transfer, or caused to be transferred, to the Borrower 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)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 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 147 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, 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, 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, that the rate of exchange used shall be that at which in accordance with normal usual and customary banking procedures the Administrative Agent could purchase the first specified currency with such other currency at any of the Administrative Agent’s offices in the United States of America 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 the Administrative Agent, any Issuing Lender or any Lender Party 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 applicable Issuing Lender or such Lender, the 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 applicable Issuing Lender or such Lender, the Administrative Agent (as the case may be, ) may in accordance with normal normal, reasonable 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 applicable Issuing Lender or the Administrative Agent, any Issuing Lender or any Lender from as the Borrower case may be, in the Agreement Currencyspecified 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, the applicable Issuing 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 Currency specified currency so purchased is greater than exceeds (a) the sum originally due to any Lender, the applicable Issuing Lender or the Administrative Agent, as the case may be, in the specified currency and (b) any amounts shared with other Lenders as a result of allocations of such excess as a disproportionate payment to such Lender under Section 2.12, each Lender, 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 promptly remit such excess to the Borrower (or to any other Person who may be entitled thereto under applicable law)Borrower.

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 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 in the city in which it normally conducts its foreign exchange operation for the first currency on the Business Day preceding that the day on which final judgment is given. . (a) The obligation of the each Borrower in respect of any such sum due from it to any Lender, the Administrative Agent, any Agent or the Issuing Lender or any Lender 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 Lender, as the case may be, Administrative Agent or Issuing Bank of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent, such Issuing Lender or Currency such Lender, as the case may be, Administrative Agent or Issuing Bank may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If ; if the amount of the Agreement Currency so purchased is less than the sum originally due to the such Lender, Administrative Agent, any Agent or Issuing Lender or any Lender from the Borrower Bank in the Agreement Currency, the such Borrower agrees, as a separate obligation and agrees notwithstanding any such judgment, judgment to indemnify the Administrative Agent, such Issuing Lender or such Lender, as the case may be, Administrative Agent or Issuing Bank against such loss. If , and if the amount of the Agreement Currency so purchased is greater than exceeds the sum originally due to the any Lender, Administrative AgentAgent or Issuing Bank, any Issuing Lender or any Lender in such currency, the Administrative Agent, such Issuing Lender or such Lender, as the case may be, Administrative Agent or Issuing Bank agrees to return the amount of any excess remit to the such Borrower (or to any other Person who may be entitled thereto under applicable law)such excess.