Common use of Judgment Clause in Contracts

Judgment. (a) If for the purpose of obtaining judgment in any court it is necessary to convert a sum due hereunder 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 the day on which final judgment is given. (b) The obligation of the Borrower in respect of any sum due from it to any Lender hereunder 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 of any sum adjudged to be so due in the Judgment Currency such Lender may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency; if the amount of Agreement Currency so purchased is less than the sum originally due to such Lender in the Agreement Currency, the Borrower agrees notwithstanding any such judgment to indemnify such Lender against such loss, and if the amount of the Agreement Currency so purchased exceeds the sum originally due to any Lender, such Lender agrees to remit to the Borrower such excess.

Judgment. (a) If for the purpose of obtaining judgment in any court it is necessary to convert a sum due hereunder in one 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 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 the day on which final judgment is given. (b) The obligation of the each Borrower in respect of any sum due from it to any Lender hereunder 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 of any sum adjudged to be so due in the Judgment Currency such Lender may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency; if the amount of Agreement Currency so purchased is less than the sum originally due to such Lender in the Agreement Currency, the such Borrower agrees notwithstanding any such judgment to indemnify such Lender against such loss, and if the amount of the Agreement Currency so purchased exceeds the sum originally due to any Lender, such Lender agrees to remit to the such Borrower such excess.

Judgment. (a) If for the purpose of obtaining judgment in any court it is necessary to convert a sum due hereunder 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 the day on which final judgment is given. (b) The obligation of the Borrower in respect of any sum due from it to any Lender hereunder 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 of any sum adjudged to be so due in the Judgment Currency such Lender may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency; if the amount of Agreement Currency so purchased is less than the sum originally due to such Lender in the Agreement Currency, the Borrower agrees notwithstanding any such judgment to indemnify such Lender against such loss, and if the amount of the Agreement Currency so purchased exceeds the sum originally due to any Lender, such Lender agrees to remit to the Borrower such excess.

Judgment. (a) If for the purpose of obtaining judgment in any court it is necessary to convert a sum due hereunder 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 General 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 the day on which final judgment is given. (b) The obligation of the each Borrower in respect of any sum due from it to any Lender hereunder 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 of any sum adjudged to be so due in the Judgment Currency such Lender may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency; if the amount of Agreement Currency so purchased is less than the sum originally due to such Lender in the Agreement Currency, the such Borrower agrees notwithstanding any such judgment to indemnify such Lender against such loss, and if the amount of the Agreement Currency so purchased exceeds the sum originally due to any Lender, such Lender agrees to remit to the such Borrower such excess.

Judgment. (a) If for the purpose of obtaining judgment in any court it is necessary to convert a sum due hereunder in one currency into another currency, the parties hereto agree, to the fullest extent that they may effectively do soso 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 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 the day on which final judgment is given. (b) The obligation of the each Borrower in respect of any sum due from it to any Lender hereunder 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 of any sum adjudged to be so due in the Judgment Currency such Lender may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency; if the amount of Agreement Currency so purchased is less than the sum originally due to such Lender in the Agreement Currency, the such Borrower agrees notwithstanding any such judgment to indemnify such Lender against such loss, and if the amount of the Agreement Currency so purchased exceeds the sum originally due to any Lender, such Lender agrees to remit to the such Borrower such excess.

Judgment. (a) If for the purpose of obtaining judgment in any court it is necessary to convert a sum due hereunder 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 the day on which final judgment is given. (b) The obligation of the a Borrower in respect of any sum due from it to any Lender or the Administrative Agent hereunder 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 (as the case may be) of any sum adjudged to be so due in the Judgment Currency such Lender or the Administrative Agent (as the case may be) 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 such Lender or the Administrative Agent (as the case may be) in the Agreement Currency, the applicable Borrower agrees agrees, as a separate obligation and notwithstanding any such judgment judgment, to indemnify such Lender or the Administrative Agent (as the case may be) against such loss, and if the amount of the Agreement Currency so purchased exceeds the sum originally due to any LenderLender or the Administrative Agent (as the case may be), such Lender or the Administrative Agent (as the case may be) agrees to remit to the such Borrower such excess.

Judgment. (a) If for the purpose of obtaining judgment in any court it is necessary to convert a sum due hereunder 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 the day on which final judgment is given. (b) The obligation of the each Borrower in respect of any sum due from it to any Lender hereunder 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 of any sum adjudged to be so due in the Judgment Currency such Lender may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency; if the amount of Agreement Currency so purchased is less than the sum originally due to such Lender in the Agreement Currency, the such Borrower agrees notwithstanding any such judgment to indemnify such Lender against such loss, and if the amount of the Agreement Currency so purchased exceeds the sum originally due to any Lender, such Lender agrees to remit to the such Borrower such excess.

Judgment. (a) If If, for the purpose of obtaining judgment in any court court, it is necessary to convert a sum due owing hereunder in one currency into another currency, the parties each party hereto agreeagrees, to the fullest extent that they it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the Administrative Agent could purchase relevant jurisdiction the first currency could be purchased with such other currency in the city in which it normally conducts its foreign exchange operation for the first currency on the Business Day immediately preceding the day on which final judgment is given. (b) The obligation obligations of the each Borrower in respect of any sum due from it to any Lender party hereto or any holder of the obligations owing hereunder (the “Applicable Creditor”) 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 stated to be due hereunder (the “Agreement Currency”), be discharged only to the extent that that, on the Business Day following receipt by such Lender the Applicable Creditor of any sum adjudged to be so due in the Judgment Currency such Lender Currency, the Applicable Creditor may in accordance with normal banking procedures in the relevant jurisdiction 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 the Applicable Creditor in the Agreement Currency, the such Borrower agrees agrees, as a separate obligation and notwithstanding any such judgment judgment, to indemnify such Lender the Applicable Creditor against such loss, and if the amount . The obligations of the Borrowers contained in this Section 10.14 shall survive the termination of this Agreement Currency so purchased exceeds and the sum originally due to any Lender, such Lender agrees to remit to the Borrower such excesspayment of all other amounts owing hereunder.

Judgment. (a) If for the purpose of obtaining judgment in any court it is necessary to convert a sum due hereunder in one 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 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 the day on which final judgment is given. (b) The obligation of the each Borrower in respect of any sum due from it to any Lender hereunder shall, notwithstanding any judgment in a currency (the “Judgment Currency”"JUDGMENT CURRENCY") other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”"AGREEMENT CURRENCY"), be discharged only to the extent that on the Business Day following receipt by such Lender of any sum adjudged to be so due in the Judgment Currency such Lender may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency; if the amount of Agreement Currency so purchased is less than the sum originally due to such Lender in the Agreement Currency, the such Borrower agrees notwithstanding any such judgment to indemnify such Lender against such loss, and if the amount of the Agreement Currency so purchased exceeds the sum originally due to any Lender, such Lender agrees to remit to the such Borrower such excess.

Judgment. (a) If If, for the purpose purposes of filing a claim or obtaining judgment in any court court, it is necessary to convert a sum due hereunder or under 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 the day that on which final judgment is given. (b) . The obligation of the each Borrower in respect of any such sum due from it to the 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 Agent or such Lender of any sum adjudged to be so due in the Judgment Currency Currency, the Agent or such Lender 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 Agent or such Lender in the Agreement Currency, the each Borrower agrees agrees, as a separate obligation and notwithstanding any such judgment judgment, to indemnify the Agent or such Lender or the Person to whom such obligation was owing against such loss, and if . If the amount of the Agreement Currency so purchased exceeds is greater than the sum originally due to any Lenderthe Agent or such Lender in such currency, the Agent or such Lender agrees to remit return the amount of any excess to the such Borrower such excess(or to any other Person who may be entitled thereto under applicable law).

Judgment. (a) If If, for the purpose of obtaining judgment in any court court, it is necessary to convert a sum due owing hereunder in one currency into another currency, the parties each party hereto agreeagrees, to the fullest extent that they it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the Administrative Agent could purchase relevant jurisdiction the first currency could be purchased with such other currency in the city in which it normally conducts its foreign exchange operation for the first currency on the Business Day immediately preceding the day on which final judgment is given. (b) The obligation obligations of the each Borrower in respect of any sum due from it to any Lender party hereto or any holder of the obligations owing hereunder (the “Applicable Creditor”) 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 stated to be due hereunder (the “Agreement Currency”), be discharged only to the extent that that, on the Business Day following receipt by such Lender the Applicable Creditor of any sum adjudged to be so due in the Judgment Currency such Lender Currency, the Applicable Creditor may in accordance with normal banking procedures in the relevant jurisdiction 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 the Applicable Creditor in the Agreement Currency, the such Borrower agrees agrees, as a separate obligation and notwithstanding any such judgment judgment, to indemnify such Lender the Applicable Creditor against such loss, and if the amount . The obligations of the Borrowers contained in this Section shall survive the termination of this Agreement Currency so purchased exceeds and the sum originally due to any Lender, such Lender agrees to remit to the Borrower such excesspayment of all other amounts owing hereunder.

Judgment. (a) If for the purpose of obtaining judgment in any court it is necessary to convert a sum due hereunder in one 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 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 the day on which final judgment is given. (b) The obligation of the Borrower Company in respect of any sum due from it to any Lender hereunder 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 of any sum adjudged to be so due in the Judgment Currency such Lender may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency; if the amount of Agreement Currency so purchased is less than the sum originally due to such Lender in the Agreement Currency, the Borrower Company agrees notwithstanding any such judgment to indemnify such Lender against such loss, and if the amount of the Agreement Currency so purchased exceeds the sum originally due to any Lender, such Lender agrees to remit to the Borrower Company such excess.

Judgment. (a) If for the purpose of obtaining judgment in any court it is necessary to convert a sum due hereunder 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 the day on which final judgment is given. (b) The obligation of the Borrower HCLP in respect of any sum due from it to any Lender hereunder 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 of any sum adjudged to be so due in the Judgment Currency such Lender may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency; if the amount of Agreement Currency so purchased is less than the sum originally due to such Lender in the Agreement Currency, the Borrower HCLP agrees notwithstanding any such judgment to indemnify such Lender against such loss, and if the amount of the Agreement Currency so purchased exceeds the sum originally due to any Lender, such Lender agrees to remit to the Borrower HCLP such excess.

Judgment. (a) If for the purpose of obtaining judgment in any court it is necessary to convert a sum due hereunder in one 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 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 the day on which final judgment is given. (b) The obligation of the each Borrower in respect of any sum due from it to any Lender hereunder 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 of any sum adjudged to be so due in the Judgment Currency such Lender may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency; if the amount of Agreement Currency so purchased is less than the sum originally due to such Lender in the Agreement Currency, the such Borrower agrees notwithstanding any such judgment to indemnify such Lender against such loss, and if the amount of the Agreement Currency so purchased exceeds the sum originally due to any Lender, such Lender agrees to remit to the such Borrower such excess.

Judgment. (a) If If, for the purpose of obtaining judgment in any court court, it is necessary to convert a sum due owing hereunder in one currency into another currency, the parties each party hereto agreeagrees, to the fullest extent that they it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the Administrative Agent could purchase relevant jurisdiction the first currency could be purchased with such other currency in the city in which it normally conducts its foreign exchange operation for the first currency on the Business Day immediately preceding the day on which final judgment is given. (b) The obligation obligations of the Borrower Company in respect of any sum due from it to any Lender party hereto or any holder of the obligations owing hereunder (the “Applicable Creditor”) 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 stated to be due hereunder (the “Agreement Currency”), be discharged only to the extent that that, on the Business Day following receipt by such Lender the Applicable Creditor of any sum adjudged to be so due in the Judgment Currency such Lender Currency, the Applicable Creditor may in accordance with normal banking procedures in the relevant jurisdiction 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 the Applicable Creditor in the Agreement Currency, the Borrower agrees Company agrees, as a separate obligation and notwithstanding any such judgment judgment, to indemnify such Lender the Applicable Creditor against such loss, and if the amount . The obligations of the Company contained in this Section 9.14 shall survive the termination of this Agreement Currency so purchased exceeds and the sum originally due to any Lender, such Lender agrees to remit to the Borrower such excesspayment of all other amounts owing hereunder.

Judgment. (a) If If, for the purpose purposes of obtaining judgment in any court court, it is necessary to convert a sum due hereunder or under 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 and customary 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 the day that on which final judgment is given. (b) . The obligation of the each Borrower in respect of any such sum due from it to either Agent or any Lender hereunder or under any other Loan 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 such Agent or such Lender of any sum adjudged to be so due in the Judgment Currency Currency, such Agent or such Lender may in accordance with normal and customary 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 such Agent or such Lender in the Agreement Currency, the applicable Borrower agrees agrees, as a separate obligation and notwithstanding any such judgment judgment, to indemnify such Agent or such Lender against such loss, and if . If the amount of the Agreement Currency so purchased exceeds is greater than the sum originally due to any Lendersuch Agent or such Lender in such currency, such Agent or such Lender agrees to remit return the amount of any excess to the applicable Borrower such excess(or to any other Person who may be entitled thereto under Applicable Law).

Judgment. (a) If If, for the purpose purposes of obtaining judgment in any court court, it is necessary to convert a sum due hereunder or under 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 the day that on which final judgment is given. (b) . The obligation of the each Borrower in respect of any such sum due from it to the 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 Agent or such Lender of any sum adjudged to be so due in the Judgment Currency Currency, the Agent or such Lender 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 Agent or such Lender in the Agreement Currency, the each Borrower agrees agrees, as a separate obligation and notwithstanding any such judgment judgment, to indemnify the Agent or such Lender or the Person to whom such obligation was owing against such loss, and if . If the amount of the Agreement Currency so purchased exceeds is greater than the sum originally due to any Lenderthe Agent or such Lender in such currency, the Agent or such Lender agrees to remit return the amount of any excess to the such Borrower such excess(or to any other Person who may be entitled thereto under applicable law).

Judgment. (a) If for the purpose of obtaining judgment in any court it is necessary to convert a sum due hereunder in one 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 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 the day on which final judgment is given. (b) The obligation of the each Borrower in respect of any sum due from it to any Lender hereunder shall, notwithstanding any judgment in a currency (the “Judgment Currency”"JUDGMENT CURRENCY") other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”"AGREEMENT CURRENCY"), be discharged only to the extent that on the Business Day following receipt by such Lender of any sum adjudged to be so due in the Judgment Currency such Lender may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency; if the amount of Agreement Currency so purchased is less than the sum originally due to such Lender in the Agreement Currency, the such Borrower agrees notwithstanding any such judgment to indemnify such Lender against such loss, and if the amount of the Agreement Currency so purchased exceeds the sum originally due to any Lender, such Lender agrees to remit to the such Borrower such excess.

Judgment. (a) If for the purpose of obtaining judgment in any court it is necessary to convert a sum due hereunder in one 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 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 the day on which final judgment is given. (b) The obligation of the each Borrower in respect of any sum due from it to any Lender hereunder 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 "Applicable Agreed Currency”"), be discharged only to the extent that on the Business Day following receipt by such Lender of any sum adjudged to be so due in the Judgment Currency such Lender may in accordance with normal banking procedures purchase the Agreement Applicable Agreed Currency with the Judgment Currency; if the amount of Agreement Applicable Agreed Currency so purchased is less than the sum originally due to such Lender in the Agreement Applicable Agreed Currency, the such Borrower agrees notwithstanding any such judgment to indemnify such Lender against such loss, and if the amount of the Agreement Applicable Agreed Currency so purchased exceeds the sum originally due to any Lender, such Lender agrees to remit to the such Borrower such excess.

Judgment. (a) If for the purpose of obtaining judgment in any court it is necessary to convert a sum due hereunder 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 the day on which final judgment is given. (b) The obligation of each of the Borrower Borrowers in respect of any sum due from it to any Lender hereunder 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 of any sum adjudged to be so due in the Judgment Currency such Lender may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency; if the amount of Agreement Currency so purchased is less than the sum originally due to such Lender in the Agreement Currency, the Borrower agrees Borrowers agree notwithstanding any such judgment to indemnify such Lender against such loss, and if the amount of the Agreement Currency so purchased exceeds the sum originally due to any Lender, such Lender agrees to remit to the Borrower Borrowers such excess.

Judgment. (a) If for the purpose of obtaining judgment in any court it is necessary to convert a sum due hereunder in one 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 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 the day on which final judgment is given. (b) The obligation of the each Borrower in respect of any sum due from it to any Lender hereunder 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 of any sum adjudged to be so due in the Judgment Currency such Lender may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency; if the amount of Agreement Currency so purchased is less than the sum originally due to such Lender in the Agreement Currency, the such Borrower agrees notwithstanding any such judgment to indemnify such Lender against such loss, and if the amount of the Agreement Currency so purchased exceeds the sum originally due to any Lender, such Lender agrees to remit to the such Borrower such excess.

Judgment. (a) If for the purpose of obtaining judgment in any court it is necessary to convert a sum due hereunder 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 the day on which final judgment is given. (b) The obligation of the each Borrower in respect of any sum due from it to any Lender hereunder shall, notwithstanding any judgment in a currency (the “Judgment Currency”"JUDGMENT CURRENCY") other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”"AGREEMENT CURRENCY"), be discharged only to the extent that on the Business Day following receipt by such Lender of any sum adjudged to be so due in the Judgment Currency such Lender may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency; if the amount of Agreement Currency so purchased is less than the sum originally due to such Lender in the Agreement Currency, the such Borrower agrees notwithstanding any such judgment to indemnify such Lender against such loss, and if the amount of the Agreement Currency so purchased exceeds the sum originally due to any Lender, such Lender agrees to remit to the such Borrower such excess.

Judgment. (a) If If, for the purpose purposes of filing a claim or obtaining judgment in any court court, it is necessary to convert a sum due hereunder or under 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 the day that on which final judgment is given. (b) . The obligation of the each Borrower in respect of any such sum due from it to the Agent, any Lender or any 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 Agent, such Lender or such Issuer of any sum adjudged to be so due in the Judgment Currency Currency, the Agent, such Lender or such Issuer 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 Agent, such Lender or such Issuer in the Agreement Currency, the each Borrower agrees agrees, as a separate obligation and notwithstanding any such judgment judgment, to indemnify the Agent, such Lender or such Issuer or the Person to whom such obligation was owing against such loss, and if . If the amount of the Agreement Currency so purchased exceeds is greater than the sum originally due to any Lenderthe Agent, such Lender or such Issuer in such currency, the Agent, such Lender or such Issuer agrees to remit return the amount of any excess to the such Borrower such excess(or to any other Person who may be entitled thereto under applicable law).

Judgment. (a) If for the purpose of obtaining judgment in any court it is necessary to convert a sum due hereunder in one 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 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 the day on which final judgment is given. (b) The obligation of the each Borrower in respect of any sum due from it to any Lender hereunder shall, notwithstanding any judgment in a currency (the “"Judgment Currency”") other than that in 72 79 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 of any sum adjudged to be so due in the Judgment Currency such Lender may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency; if the amount of Agreement Currency so purchased is less than the sum originally due to such Lender in the Agreement Currency, the such Borrower agrees notwithstanding any such judgment to indemnify such Lender against such loss, and if the amount of the Agreement Currency so purchased exceeds the sum originally due to any Lender, such Lender agrees to remit to the such Borrower such excess.

Judgment. (a) If for the purpose of obtaining judgment in any court it is necessary to convert a sum due hereunder in one 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 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 the day on which final judgment is given. (b) The obligation of the each Borrower in respect of any sum due from it to any Lender hereunder 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 Applicable Agreed Currency”), be discharged only to the extent that on the Business Day following receipt by such Lender of any sum adjudged to be so due in the Judgment Currency such Lender may in accordance with normal banking procedures purchase the Agreement Applicable Agreed Currency with the Judgment Currency; if the amount of Agreement Applicable Agreed Currency so purchased is less than the sum originally due to such Lender in the Agreement Applicable Agreed Currency, the such Borrower agrees notwithstanding any such judgment to indemnify such Lender against such loss, and if the amount of the Agreement Applicable Agreed Currency so purchased exceeds the sum originally due to any Lender, such Lender agrees to remit to the such Borrower such excess.

Judgment. (a) If If, for the purpose of obtaining judgment in any court court, it is necessary to convert a sum due owing hereunder in one currency into another currency, the parties each party hereto agreeagrees, to the fullest extent that they it 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 such other currency in at the city in which it normally conducts its foreign exchange operation for the first currency Administrative Agent’s main New York City office on the Business Day immediately preceding the day on which final final, non-appealable judgment is given. (b) The obligation obligations of the each Borrower in respect of any sum due from it to any Lender party hereto or any holder of the obligations owing hereunder (the “Applicable Creditor”) 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 stated to be due hereunder (the “Agreement Currency”), be discharged only to the extent that that, on the Business Day following receipt by such Lender the Applicable Creditor of any sum adjudged to be so due in the Judgment Currency such Lender Currency, the Applicable Creditor may in accordance with normal normal, reasonable banking procedures in the relevant jurisdiction 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 the Applicable Creditor in the Agreement Currency, each Borrower agrees, to the Borrower agrees fullest extent that it may effectively do so, as a separate obligation and notwithstanding any such judgment judgment, to indemnify such Lender the Applicable Creditor against such loss, and if the amount . The obligations of the Borrowers contained in this Section 10.15 shall survive the termination of this Agreement Currency so purchased exceeds and the sum originally due to any Lender, such Lender agrees to remit to the Borrower such excesspayment of all other amounts owing hereunder.

Judgment. (a) If for the purpose of obtaining judgment in any court it is necessary to convert a sum due hereunder 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 General 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 the day on which final judgment is given. (b) The obligation of the each Borrower in respect of any sum due from it to any Lender hereunder shall, notwithstanding any judgment in a currency (the “Judgment Currency”"JUDGMENT CURRENCY") other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”"AGREEMENT CURRENCY"), be discharged only to the extent that on the Business Day following receipt by such Lender of any sum adjudged to be so due in the Judgment Currency such Lender may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency; if the amount of Agreement Currency so purchased is less than the sum originally due to such Lender in the Agreement Currency, the such Borrower agrees notwithstanding any such judgment to indemnify such Lender against such loss, and if the amount of the Agreement Currency so purchased exceeds the sum originally due to any Lender, such Lender agrees to remit to the such Borrower such excess.

Judgment. (a) If If, for the purpose purposes 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 the day that on which final judgment is given. (b) . The obligation of the Borrower in respect of any such sum due from it to any Lender the Administrative Agent and 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 the Administrative Agent of any sum adjudged to be so due in the Judgment Currency such Lender Currency, the Administrative Agent 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 such Lender the Administrative Agent and the Lenders in the Agreement Currency, the Borrower agrees agrees, as a separate obligation and notwithstanding any such judgment judgment, to indemnify the Administrative Agent or the Person to whom such Lender obligation was owing against such loss, and if . If the amount of the Agreement Currency so purchased exceeds is greater than the sum originally due to any Lenderthe Administrative Agent and the Lenders in such currency, such Lender the Administrative Agent agrees to remit return the amount of any excess to the Borrower such excess(or to any other Person who may be entitled thereto under applicable law).

Judgment. (a) If for the purpose of obtaining judgment in any court it is necessary to convert a sum due hereunder in one currency into another currency, the parties hereto agree, to the fullest extent that they may effectively do soso 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 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 the day on which final judgment is given. (b) The obligation of the each Borrower in respect of any sum due from it to any Lender hereunder 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 of any sum adjudged to be so due in the Judgment Currency such Lender may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency; if the amount of Agreement Currency so purchased is less than the sum originally due to such Lender in the Agreement Currency, the such Borrower agrees notwithstanding any such judgment to indemnify such Lender against such loss, and if the amount of the Agreement Currency so purchased exceeds the sum originally due to any Lender, such Lender agrees to remit to the such Borrower such excess.

Judgment. (a) If If, for the purpose purposes 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 Post-Petition 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 the day that on which final judgment is given. (b) . The obligation of the Borrower in respect of any such sum due from it to any Lender the Post-Petition Agent and 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 the Post-Petition Agent of any sum adjudged to be so due in the Judgment Currency such Lender Currency, the Post-Petition Agent 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 such Lender the Post-Petition Agent and the Lenders in the Agreement Currency, the Borrower agrees agrees, as a separate obligation and notwithstanding any such judgment judgment, to indemnify the Post-Petition Agent or the Person to whom such Lender obligation was owing against such loss, and if . If the amount of the Agreement Currency so purchased exceeds is greater than the sum originally due to any Lenderthe Post-Petition Agent and the Lenders in such currency, such Lender the Post-Petition Agent agrees to remit return the amount of any excess to the Borrower such excess(or to any other Person who may be entitled thereto under applicable law).

Judgment. (a) If If, for the purpose of obtaining judgment in any court court, it is necessary to convert a sum due hereunder or any other Credit 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 the day that on which final judgment is given. (b) . The obligation of the each of U.S. Borrower and Foreign Holdco in respect of any such sum due from it to any Agent or Lender hereunder or under any other 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 such the applicable Agent or Lender of any sum adjudged to be so due in the Judgment Currency Currency, such Lender Person 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 such Lender the applicable Agent in the Agreement Currency, the each Borrower agrees agrees, as a separate obligation and notwithstanding any such judgment judgment, to indemnify such Lender Person to whom such obligation was owing against such loss, and if . If the amount of the Agreement Currency so purchased exceeds is greater than the sum originally due to any Lenderthe applicable Agent or Lender in such currency, such Lender Person agrees to remit return the amount of any excess to the Borrower such excessapplicable Loan Party (or to any other Person who may be entitled thereto under applicable law).

Judgment. (a) If for the purpose of obtaining judgment in any court it is necessary to convert a sum due hereunder in one currency into another currency, the parties hereto agree, to the fullest extent that they may effectively do soso 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 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 the day on which final judgment is given. (b) The obligation of the Borrower any Loan Party in respect of any sum due from it to any Lender hereunder 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 of any sum adjudged to be so due in the Judgment Currency such Lender may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency; if the amount of Agreement Currency so purchased is less than the sum originally due to such Lender in the Agreement Currency, the Borrower such Loan Party agrees notwithstanding any such judgment to indemnify such Lender against such loss, and if the amount of the Agreement Currency so purchased exceeds the sum originally due to any Lender, such Lender agrees to remit to the Borrower such Loan Party such excess.

Judgment. (a) If If, for the purpose purposes of obtaining judgment in any court court, it is necessary to convert a sum due hereunder or under 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 and customary 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 the day that on which final judgment is given. (b) . The obligation of the Borrower in respect of any such sum due from it to the Agent or any Lender hereunder or under any other Loan 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 Agent or such Lender of any sum adjudged to be so due in the Judgment Currency Currency, the Agent or such Lender may in accordance with normal and customary 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 Agent or such Lender in the Agreement Currency, the Borrower agrees agrees, as a separate obligation and notwithstanding any such judgment judgment, to indemnify the Agent or such Lender against such loss, and if . If the amount of the Agreement Currency so purchased exceeds is greater than the sum originally due to any Lenderthe Agent or such Lender in such currency, the Agent or such Lender agrees to remit return the amount of any excess to the Borrower such excess(or to any other Person who may be entitled thereto under Applicable Law).

Judgment. (a) If for the purpose of obtaining judgment in any court it is necessary to convert a sum due hereunder 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 General 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 the day on which final judgment is given. (b) The obligation of the each Borrower in respect of any sum due from it to any Lender hereunder 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 of any sum adjudged to be so due in the Judgment Currency such Lender may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency; if the amount of Agreement Currency so purchased is less than the sum originally due to such Lender in the Agreement Currency, the such Borrower agrees notwithstanding any such judgment to indemnify such Lender 126 against such loss, and if the amount of the Agreement Currency so purchased exceeds the sum originally due to any Lender, such Lender agrees to remit to the such Borrower such excess.

Judgment. (a) If for the purpose purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder in one currency Dollars 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 or its assigns could purchase the first currency Dollars with such other currency in the city in which it normally conducts its foreign exchange operation for the first currency at New York, New York on the Business Day preceding the day that on which final judgment is given. (b) The obligation obligations of the Borrower Seller, the Servicer and each Originator (each, a “Payor”) in respect of any sum due from it such Payor to any Lender the Investor, the Banks or the Agent (each, a “Recipient”) hereunder 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”)Dollars, be discharged only to the extent that on the Business Day following such Recipient’s receipt by such Lender of any sum adjudged to be so due in the Judgment Currency such Lender may other currency, such Recipient may, in accordance with normal banking procedures purchase the Agreement Currency (and remit in New York) Dollars with the Judgment Currencysuch other currency; if the amount of Agreement Currency Dollars so purchased is and remitted are less than the sum originally due to such Lender Recipient in the Agreement CurrencyDollars, the Borrower agrees relevant Payor agrees, as a separate obligation and notwithstanding any such judgment judgment, to indemnify such Lender the relevant Recipient against such loss, and if the amount of the Agreement Currency Dollars so purchased exceeds exceed the sum originally due to any Lenderthe relevant Recipient in Dollars, such Lender the relevant Recipient agrees to remit to the Borrower relevant Payor such excess.

Judgment. (a) If If, for the purpose of obtaining judgment in any court court, it is necessary to convert a sum due owing hereunder in one currency into another currency, the parties each party hereto agreeagrees, to the fullest extent that they it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the Administrative Agent could purchase relevant jurisdiction the first currency could be purchased with such other currency in the city in which it normally conducts its foreign exchange operation for the first currency on the Business Day immediately preceding the day on which final judgment is given. (b) The obligation obligations of the each Borrower in respect of any sum due from it to any Lender party hereto or any holder of the obligations owing hereunder (the "Applicable Creditor") 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 stated to be due hereunder (the “"Agreement Currency”"), be discharged only to the extent that that, on the Business Day following receipt by such Lender the Applicable Creditor of any sum adjudged to be so due in the Judgment Currency such Lender Currency, the Applicable Creditor may in accordance with normal banking procedures in the relevant jurisdiction 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 the Applicable Creditor in the Agreement Currency, the such Borrower agrees agrees, as a separate obligation and notwithstanding any such judgment judgment, to indemnify such Lender the Applicable Creditor against such loss, and if the amount . The obligations of the Borrowers contained in this Section 10.14 shall survive the termination of this Agreement Currency so purchased exceeds and the sum originally due to any Lender, such Lender agrees to remit to the Borrower such excesspayment of all other amounts owing hereunder.

Judgment. (a) If If, for the purpose of obtaining judgment in any court court, it is necessary to convert a sum due hereunder or any other Credit 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 Paying 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 the day that on which final judgment is given. (b) . The obligation of the each of U.S. Borrower and Subsidiary Borrower in respect of any such sum due from it to any Co-Agent or Lender hereunder or under any other 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 such the applicable Co-Agent or Lender of any sum adjudged to be so due in the Judgment Currency Currency, such Lender Person 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 such Lender the applicable Co-Agent in the Agreement Currency, the each Borrower agrees agrees, as a separate obligation and notwithstanding any such judgment judgment, to indemnify such Lender Person to whom such obligation was owing against such loss, and if . If the amount of the Agreement Currency so purchased exceeds is greater than the sum originally due to any Lenderthe applicable Co-Agent or Lender in such currency, such Lender Person agrees to remit return the amount of any excess to the Borrower such excessapplicable Loan Party (or to any other Person who may be entitled thereto under applicable law).

Judgment. (a) If If, for the purpose of obtaining judgment in any court court, it is necessary to convert a sum due owing hereunder in one currency into another currency, the parties each party hereto agreeagrees, to the fullest extent that they it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the Administrative Agent could purchase relevant jurisdiction the first currency could be purchased with such other currency in the city in which it normally conducts its foreign exchange operation for the first currency on the Business Day immediately preceding the day on which final judgment is given. (b) The obligation obligations of the Borrower Company in respect of any sum due from it to any Lender party hereto or any holder of the obligations owing hereunder (the “Applicable Creditor”) 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 stated to be due hereunder (the “Agreement Currency”), be discharged only to the extent that that, on the Business Day following receipt by such Lender the Applicable Creditor of any sum adjudged to be so due in the Judgment Currency such Lender Currency, the Applicable Creditor may in accordance with normal banking procedures in the relevant jurisdiction 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 the Applicable Creditor in the Agreement Currency, the Borrower agrees Company agrees, as a separate obligation and notwithstanding any such judgment judgment, to indemnify such Lender the Applicable Creditor against such loss, and if the amount . The obligations of the Company contained in this Section shall survive the termination of this Agreement Currency so purchased exceeds and the sum originally due to any Lender, such Lender agrees to remit to the Borrower such excesspayment of all other amounts owing hereunder.

Judgment. (a) If for the purpose of obtaining judgment in any court it is necessary to convert a sum due hereunder 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 the day on which final judgment is given. (b) The obligation of the Borrower in respect of any sum due from it to any Lender hereunder shall, notwithstanding any judgment in a currency (the “Judgment Currency”"JUDGMENT CURRENCY") other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”"AGREEMENT CURRENCY"), be discharged only to the extent that on the Business Day following receipt by such Lender of any sum adjudged to be so due in the Judgment Currency such Lender may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency; if the amount of Agreement Currency so purchased is less than the sum originally due to such Lender in the Agreement Currency, the Borrower agrees notwithstanding any such judgment to indemnify such Lender against such loss, and if the amount of the Agreement Currency so purchased exceeds the sum originally due to any Lender, such Lender agrees to remit to the Borrower such excess.

Judgment. (a) If If, for the purpose of obtaining judgment in any court court, it is necessary to convert a sum due owing hereunder in one currency into another currency, the parties each party hereto agreeagrees, to the fullest extent that they it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the Administrative Agent could purchase relevant jurisdiction the first currency could be purchased with such other currency in the city in which it normally conducts its foreign exchange operation for the first currency on the Business Day immediately preceding the day on which final judgment is given. (b) The obligation obligations of the each Borrower in respect of any sum due from it to any Lender party hereto or any holder of the obligations owing hereunder (the “Applicable Creditor”) 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 stated to be due hereunder (the “Agreement Currency”), be discharged only to the extent that that, on the Business Day following receipt by such Lender the Applicable Creditor of any sum adjudged to be so due in the Judgment Currency such Lender Currency, the Applicable Creditor may in accordance with normal banking procedures in the relevant jurisdiction 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 the Applicable Creditor in the Agreement Currency, the such Borrower agrees agrees, as a separate obligation and notwithstanding any such judgment judgment, to indemnify such Lender the Applicable Creditor against such loss, and if the amount . The obligations of the Borrowers contained in this Section 10.15 shall survive the termination of this Agreement Currency so purchased exceeds and the sum originally due to any Lender, such Lender agrees to remit to the Borrower such excesspayment of all other amounts owing hereunder.

Judgment. (a) If for the purpose purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder in one currency Dollars 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 Purchaser or its assigns could purchase the first currency Dollars with such other currency in the city in which it normally conducts its foreign exchange operation for the first currency at New York, New York on the Business Day preceding the day that on which final judgment is given. (b) The obligation obligations of each Seller and the Borrower Servicer (each, a "Payor") in respect of any sum due from it such Payor to any Lender the Purchaser or its assigns (each, a "Recipient") hereunder 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”)Dollars, be discharged only to the extent that on the Business Day following such Recipient's receipt by such Lender of any sum adjudged to be so due in the Judgment Currency such Lender may other currency, such Recipient may, in accordance with normal banking procedures purchase the Agreement Currency (and remit in New York) Dollars with the Judgment Currencysuch other currency; if the amount of Agreement Currency Dollars so purchased is and remitted are less than the sum originally due to such Lender Recipient in the Agreement CurrencyDollars, the Borrower agrees relevant Payor agrees, as a separate obligation and notwithstanding any such judgment judgment, to indemnify such Lender the relevant Recipient against such loss, and if the amount of the Agreement Currency Dollars so purchased exceeds exceed the sum originally due to any Lenderthe relevant Recipient in Dollars, such Lender the relevant Recipient agrees to remit to the Borrower relevant Payor such excess.

Judgment. (a) If If, for the purpose purposes of obtaining judgment in any court court, it -------- is necessary to convert a sum due hereunder or under 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 the day that on which final judgment is given. (b) . The obligation of the Borrower Company in respect of any such sum due from it to the Agent or any Lender hereunder or under any other Loan 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 Agent or such Lender of any sum adjudged to be so due in the Judgment Currency Currency, the Agent or such Lender 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 Agent or such Lender in the Agreement Currency, the Borrower agrees Company agrees, as a separate obligation and notwithstanding any such judgment judgment, to indemnify the Agent or such Lender against such loss, and if . If the amount of the Agreement Currency so purchased exceeds is greater than the sum originally due to any Lenderthe Agent or such Lender in such currency, the Agent or such Lender agrees to remit return the amount of any excess to the Borrower such excessCompany (or to any other Person who may be entitled thereto under applicable law).

Judgment. (a) If for the purpose of obtaining judgment in any court it is necessary to convert a sum due hereunder 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 the day on which final judgment is given. . (b) The obligation of the Borrower in respect of any sum due from it to any Lender hereunder 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 of any sum adjudged to be so due in the Judgment Currency such Lender may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency; if the amount of Agreement Currency so purchased is less than the sum originally due to such Lender in the Agreement Currency, the Borrower agrees notwithstanding any such judgment to indemnify such Lender against such loss, and if the amount of the Agreement Currency so purchased exceeds the sum originally due to any Lender, such Lender agrees to remit to the Borrower such excess. 11.17.

Judgment. (a) If for the purpose of obtaining judgment in any court it is necessary to convert a sum due hereunder 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 the day on which final judgment is given. (b) The obligation of the each Borrower in respect of any sum due from it to any Lender hereunder 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 of any sum adjudged to be so due in the Judgment Currency such Lender may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency; if the amount of Agreement Currency so purchased is less than the sum originally due to such Lender in the Agreement Currency, the such Borrower agrees notwithstanding any such judgment to indemnify such Lender against such loss, and if the amount of the Agreement Currency so purchased exceeds the sum originally due to any Lender, such Lender agrees to remit to the such Borrower such excess. The obligation of each Borrower under this subsection 13.16 shall survive the termination of this Agreement and repayment of the Loans and all other amounts payable hereunder. A certificate as to any amounts payable pursuant to this subsection 13.16, submitted by a Lender to a Borrower, shall be conclusive in the absence of manifest error.

Judgment. (a) If If, for the purpose purposes of filing a claim or obtaining judgment in any court court, it is necessary to convert a sum due hereunder or under 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 the day that on which final judgment is given. (b) . The obligation of the each Borrower in respect of any such sum due from it to the 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 Agent or such Lender of any sum adjudged to be so due in the Judgment Currency Currency, the Agent or such Lender 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 Agent or such Lender in the Agreement Currency, the each Borrower agrees agrees, as a separate obligation and notwithstanding any such judgment judgment, to indemnify the Agent or such Lender or the Person to whom such obligation was owing against such loss, and if . If the amount of the Agreement Currency so purchased exceeds is greater than the sum originally due to any Lender, the Agent or such Lender in such currency, the Agent or such Xxxxxx agrees to remit return the amount of any excess to the such Borrower such excess(or to any other Person who may be entitled thereto under applicable law).

Judgment. (a) If If, for the purpose purposes of obtaining judgment in any court -------- court, it is necessary to convert a sum due hereunder or under 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 the day that on which final judgment is given. (b) . The obligation of the Borrower Company in respect of any such sum due from it to the Agent or any Lender hereunder or under any other Loan 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 Agent or such Lender of any sum adjudged to be so due in the Judgment Currency Currency, the Agent or such Lender 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 Agent or such Lender in the Agreement Currency, the Borrower agrees Company agrees, as a separate obligation and notwithstanding any such judgment judgment, to indemnify the Agent or such Lender against such loss, and if . If the amount of the Agreement Currency so purchased exceeds is greater than the sum originally due to any Lenderthe Agent or such Lender in such currency, the Agent or such Lender agrees to remit return the amount of any excess to the Borrower such excessCompany (or to any other Person who may be entitled thereto under applicable law).

Judgment. (a) If If, for the purpose of obtaining judgment in any court court, it is necessary to convert a sum due owing hereunder in one currency into another currency, the parties each party hereto agreeagrees, to the fullest extent that they it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the Administrative Agent could purchase relevant jurisdiction the first currency could be purchased with such other currency in the city in which it normally conducts its foreign exchange operation for the first currency on the Business Day immediately preceding the day on which final judgment is given. (b) The obligation obligations of the each Borrower in respect of any sum due from it to any Lender party hereto or any holder of the obligations owing hereunder (the "Applicable Creditor") 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 stated to be due hereunder (the “"Agreement Currency”"), be discharged only to the extent that that, on the Business Day following receipt by such Lender the Applicable Creditor of any sum adjudged to be so due in the Judgment Currency such Lender Currency, the Applicable Creditor may in accordance with normal banking procedures in the relevant jurisdiction 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 the Applicable Creditor in the Agreement Currency, the such Borrower agrees agrees, as a separate obligation and notwithstanding any such judgment judgment, to indemnify such Lender the Applicable Creditor against such loss, and if the amount . The obligations of the Borrowers contained in this Section 9.05 shall survive the termination of this Agreement Currency so purchased exceeds and the sum originally due to any Lender, such Lender agrees to remit to the Borrower such excesspayment of all other amounts owing hereunder.

Judgment. (a) If If, for the purpose purposes of obtaining judgment in any court court, -------- it is necessary to convert a sum due hereunder or under 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 the day that on which final judgment is given. (b) . The obligation of the Borrower Company in respect of any such sum due from it to the Agent or any Lender hereunder or under any other Loan 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 Agent or such Lender of any sum adjudged to be so due in the Judgment Currency Currency, the Agent or such Lender 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 Agent or such Lender in the Agreement Currency, the Borrower agrees Company agrees, as a separate obligation and notwithstanding any such judgment judgment, to indemnify the Agent or such Lender against such loss, and if . If the amount of the Agreement Currency so purchased exceeds is greater than the sum originally due to any Lenderthe Agent or such Lender in such currency, the Agent or such Lender agrees to remit return the amount of any excess to the Borrower such excessCompany (or to any other Person who may be entitled thereto under applicable law).

Judgment. (a) If for the purpose of obtaining judgment in any court it is necessary to convert a sum due hereunder 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 General 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 the day on which final judgment is given. (b) The obligation of the each Borrower in respect of any sum due from it to any Lender hereunder 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 of any sum adjudged to be so due in the Judgment Currency such Lender may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency; if the amount of Agreement Currency so purchased is less than the sum originally due to such Lender in the 109 103 Agreement Currency, the such Borrower agrees notwithstanding any such judgment to indemnify such Lender against such loss, and if the amount of the Agreement Currency so purchased exceeds the sum originally due to any Lender, such Lender agrees to remit to the such Borrower such excess.

Judgment. (a) If for the purpose of obtaining judgment in any court it is necessary to convert a sum due hereunder in one currency into another currency, the parties hereto agree, to the fullest extent that they may effectively lawfully 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 194 operation for the first currency on the Business Day preceding the day on which final judgment is given. (b) The obligation of the each Borrower in respect of any sum due from it to any Lender hereunder 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 of any sum adjudged to be so due in the Judgment Currency such Lender may in accordance with the normal banking procedures purchase the Agreement Currency with the Judgment Currency; if the amount of Agreement Currency so purchased is less than the sum originally due to such Lender in the Agreement Currency, the such Borrower agrees notwithstanding any such judgment to indemnify such Lender against such loss, and if the amount of the Agreement Currency so purchased exceeds the sum originally due to any Lender, such Lender agrees to remit to the such Borrower such excess.

Judgment. (a) If for the purpose of obtaining judgment in any court it is necessary to convert a sum due hereunder in one 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 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 the day on which final judgment is given.. 509265-1946-Active.21307007.121307007.7 (b) The obligation of the each Borrower in respect of any sum due from it to any Lender hereunder 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 of any sum adjudged to be so due in the Judgment Currency such Lender may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency; if the amount of Agreement Currency so purchased is less than the sum originally due to such Lender in the Agreement Currency, the such Borrower agrees notwithstanding any such judgment to indemnify such Lender against such loss, and if the amount of the Agreement Currency so purchased exceeds the sum originally due to any Lender, such Lender agrees to remit to the such Borrower such excess.

Judgment. (aA) If for the purpose purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder or under any instrument delivered hereunder 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 sopermitted by law, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent Lender could purchase the first currency Original Currency with such other currency in the city in which it normally conducts its foreign exchange operation for the first currency Other Currency on the Business Day preceding the day that on which final judgment the payment is givenmade. (bB) The obligation of the any Borrower in with respect of to any sum due from it to any the Lender hereunder or under such instrument 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 the Lender of any sum adjudged to be so due in the Judgment Currency such Other Currency, the Lender may may, in accordance with normal banking procedures procedures, purchase the Agreement Original Currency with the Judgment Other Currency; if . If the amount of Agreement the Original Currency so purchased is less than the sum originally due to such the Lender in the Agreement Original Currency, the such Borrower agrees notwithstanding any such judgment to indemnify such the Lender against such loss, and if the amount of the Agreement Original Currency so purchased exceeds the sum originally due to any Lenderthe Lender in the Original Currency, such the Lender agrees to remit to the Borrower Borrowers such excess. This indemnity shall constitute an obligation separate and independent from the other obligations contained in this Agreement, shall give rise to a separate and independent cause of action, shall apply irrespective of any indulgence granted by the Lender from time to time and shall continue in full force and effect notwithstanding any judgment or order for a liquidated sum in respect of any amount due hereunder or under any judgment or order.

Judgment. (a) If If, for the purpose of obtaining judgment in any court court, it is necessary to convert a sum due owing hereunder in one currency into another currency, the parties each party hereto agreeagrees, to the fullest extent that they it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the Administrative Agent could purchase relevant jurisdiction the first currency could be purchased with such other currency in the city in which it normally conducts its foreign exchange operation for the first currency on the Business Day immediately preceding the day on which final judgment is given. (b) The obligation obligations of the each Borrower in respect of any sum due from it to any Lender party hereto or any holder of the obligations owing hereunder (the “Applicable Creditor”) 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 stated to be due hereunder (the “Agreement Currency”), be discharged only to the extent that that, on the Business Day following receipt by such Lender the Applicable Creditor of any sum adjudged to be so due in the Judgment Currency such Lender Currency, the Applicable Creditor may in accordance with normal banking procedures in the relevant jurisdiction 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 the Applicable Creditor in the Agreement Currency, the such Borrower agrees agrees, as a separate obligation and notwithstanding any such judgment judgment, to indemnify such Lender the Applicable Creditor against such loss, and if the amount . The obligations of the Borrowers contained in this Section 10.16 shall survive the termination of this Agreement Currency so purchased exceeds and the sum originally due to any Lender, such Lender agrees to remit to the Borrower such excesspayment of all other amounts owing hereunder.

Judgment. (a) If for the purpose of obtaining judgment in any court it is necessary to convert a sum due hereunder in one 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 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 the day on which final judgment is given. (b) The obligation of the each Borrower in respect of any sum due from it to any Lender hereunder 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 of any sum adjudged to be so due in the Judgment Currency such Lender may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency; if the amount of Agreement Currency so purchased is less than the sum originally due to such Lender in the Agreement Currency, the such Borrower agrees notwithstanding any such judgment to indemnify such Lender against such loss, and if the amount of the Agreement Currency so purchased exceeds the sum originally due to any Lender, such Lender agrees to remit to the such Borrower such excess.. [Signatures on the following pages]

Judgment. (a) If for the purpose of obtaining judgment in any court it is necessary to convert a sum due hereunder 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 the day on which final judgment is given. (b) The obligation of the Borrower HCC in respect of any sum due from it to any Lender hereunder 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 of any sum adjudged to be so due in the Judgment Currency such Lender may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency; if the amount of Agreement Currency so purchased is less than the sum originally due to such Lender in the Agreement Currency, the Borrower agrees notwithstanding any such judgment to indemnify such Lender against such loss, and if the amount of the Agreement Currency so purchased exceeds the sum originally due to any Lender, such Lender agrees to remit to the Borrower HCC such excess.

Judgment. (a) If If, for the purpose purposes of obtaining judgment in any court court, it is -------- necessary to convert a sum due hereunder or under 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 the day that on which final judgment is given. (b) . The obligation of the Borrower Company in respect of any such sum due from it to the Agent or any Lender hereunder or under any other Loan 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 Agent or such Lender of any sum adjudged to be so due in the Judgment Currency Currency, the Agent or such Lender 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 Agent or such Lender in the Agreement Currency, the Borrower agrees Company agrees, as a separate obligation and notwithstanding any such judgment judgment, to indemnify the Agent or such Lender against such loss, and if . If the amount of the Agreement Currency so purchased exceeds is greater than the sum originally due to any Lenderthe Agent or such Lender in such currency, the Agent or such Lender agrees to remit return the amount of any excess to the Borrower such excessCompany (or to any other Person who may be entitled thereto under applicable law).

Judgment. (a) If for the purpose purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder in one currency Dollars 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 or its assigns could purchase the first currency Dollars with such other currency in the city in which it normally conducts its foreign exchange operation for the first currency at New York, New York on the Business Day preceding the day that on which final judgment is given. (b) The obligation obligations of the Borrower Seller, the Servicer and each Originator (each, a "Payor") in respect of any sum due from it such Payor to any Lender the Investor, the Banks or the Agent (each, a "Recipient") hereunder 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”)Dollars, be discharged only to the extent that on the Business Day following such Recipient's receipt by such Lender of any sum adjudged to be so due in the Judgment Currency such Lender may other currency, such Recipient may, in accordance with normal banking procedures purchase the Agreement Currency (and remit in New York) Dollars with the Judgment Currencysuch other currency; if the amount of Agreement Currency Dollars so purchased is and remitted are less than the sum originally due to such Lender Recipient in the Agreement CurrencyDollars, the Borrower agrees relevant Payor agrees, as a separate obligation and notwithstanding any such judgment judgment, to indemnify such Lender the relevant Recipient against such loss, and if the amount of the Agreement Currency Dollars so purchased exceeds exceed the sum originally due to any Lenderthe relevant Recipient in Dollars, such Lender the relevant Recipient agrees to remit to the Borrower relevant Payor such excess.

Judgment. (a) If for the purpose of obtaining judgment in any court it is necessary to convert a sum due hereunder 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 the day on which final judgment is given. (b) The obligation of the Borrower in respect of any sum due from it to any Lender or the Administrative Agent hereunder 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 (as the case may be) of any sum adjudged to be so due in the Judgment Currency such Lender or the Administrative Agent (as the case may be) 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 such Lender or the Administrative Agent (as the case may be) hereunder in the Agreement Currency, then the Borrower agrees agrees, as a separate obligation and notwithstanding any such judgment judgment, to indemnify such Lender or the Administrative Agent (as the case may be) against such loss, and if the amount of the Agreement Currency so purchased exceeds the sum originally due to any LenderLender or the Administrative Agent (as the case may be), such Lender or the Administrative Agent (as the case may be) agrees to remit to the Borrower such excess.

Judgment. (a) If for the purpose purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder in one currency Dollars 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 Operating Agent or its assigns could purchase the first currency Dollars with such other currency in the city in which it normally conducts its foreign exchange operation for the first currency at New York, New York on the Business Day preceding the day that on which final judgment is given. (b) The obligation obligations of the Borrower Seller, each Servicer and each Originator (each, a “Payor”) in respect of any sum due from it such Payor to any Lender the Investors or the Operating Agent (each, a “Recipient”) hereunder 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”)Dollars, be discharged only to the extent that on the Business Day following such Recipient’s receipt by such Lender of any sum adjudged to be so due in the Judgment Currency such Lender may other currency, such Recipient may, in accordance with normal banking procedures purchase the Agreement Currency (and remit in New York) Dollars with the Judgment Currencysuch other currency; if the amount of Agreement Currency Dollars so purchased is and remitted are less than the sum originally due to such Lender Recipient in the Agreement CurrencyDollars, the Borrower agrees relevant Payor agrees, as a separate obligation and notwithstanding any such judgment judgment, to indemnify such Lender the relevant Recipient against such loss, and if the amount of the Agreement Currency Dollars so purchased exceeds exceed the sum originally due to any Lenderthe relevant Recipient in Dollars, such Lender the relevant Recipient agrees to remit to the Borrower relevant Payor such excess.

Judgment. (a) If for the purpose of obtaining judgment in any court it is necessary to convert a sum due hereunder 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 the day on which final judgment is given. (b) The obligation obligations of the Borrower or any U.K. Borrower in respect of any sum due from it to this Agreement and any Lender hereunder party hereto shall, notwithstanding any judgment in a currency (the “Judgment Currency”"JUDGMENT CURRENCY") other than that the currency in which the sum originally due to such sum Lender is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”"ORIGINAL CURRENCY"), be discharged only to the extent that on the Business Day following receipt by such Lender of any sum adjudged to be so due in the Judgment Currency judgment currency such Lender may in accordance with normal banking procedures purchase the Agreement Currency original currency with the Judgment Currencyjudgment currency; if the amount of Agreement Currency the original currency so purchased is less than the sum originally due to such Lender in the Agreement Currencyoriginal currency, the such Borrower agrees or U.K. Borrower agrees, as a separate obligation and notwithstanding any such judgment judgment, to indemnify such Lender against such loss, and if the amount of the Agreement Currency original currency so purchased exceeds the sum originally due to any LenderLender to this Agreement, such Lender agrees to remit to the such Borrower or U.K. Borrower, such excess. This covenant shall survive the termination of this Agreement and payment of the Loans and all other amounts payable hereunder.

Judgment. (a) If If, for the purpose purposes of obtaining judgment in any court -------- court, it is necessary to convert a sum due hereunder 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 its normal banking procedures the Administrative Post-Petition 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 the day that on which final judgment is given. (b) . The obligation of the Borrower each Guarantor in respect of any such sum due from it to any Lender the Post-Petition Agent hereunder 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 Guaranty (the “"Agreement Currency”"), be discharged ------------------ only to the extent that on the Business Day following receipt by such Lender the Post-Petition Agent of any sum adjudged to be so due in the Judgment Currency such Lender Currency, the Post-Petition Agent 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 such Lender the Post-Petition Agent in the Agreement Currency, the Borrower agrees each Guarantor agrees, as a separate obligation and notwithstanding any such judgment judgment, to indemnify the Post-Petition Agent or the Person to whom such Lender obligation was owing against such loss, and if the amount of the Agreement Currency so purchased exceeds the sum originally due to any Lender, such Lender agrees to remit to the Borrower such excess.

Judgment. (a) If If, for the purpose of obtaining judgment in any court court, it is necessary to convert a sum due owing hereunder in one currency into another currency, the parties each party hereto agreeagrees, to the fullest extent that they it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the Administrative Agent could purchase relevant jurisdiction the first currency could be purchased with such other currency in the city in which it normally conducts its foreign exchange operation for the first currency on the Business Day immediately preceding the day on which final judgment is given. (b) The obligation obligations of the Borrower Company in respect of any sum due from it to any Lender party hereto or any holder of the obligations owing hereunder (the "Applicable Creditor") 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 stated to be due hereunder (the “"Agreement Currency”"), be discharged only to the extent that that, on the Business Day following receipt by such Lender the Applicable Creditor of any sum adjudged to be so due in the Judgment Currency such Lender Currency, the Applicable Creditor may in accordance with normal banking procedures in the relevant jurisdiction 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 the Applicable Creditor in the Agreement Currency, the Borrower agrees Company agrees, as a separate obligation and notwithstanding any such judgment judgment, to indemnify such Lender the Applicable Creditor against such loss, and if the amount . The obligations of the Company contained in this Section 9.14 shall survive the termination of this Agreement Currency so purchased exceeds and the sum originally due to any Lender, such Lender agrees to remit to the Borrower such excesspayment of all other amounts owing hereunder.

Judgment. (a) If for the purpose of obtaining judgment in any court it is necessary to convert a sum due hereunder in one 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 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 the day on which final judgment is given. (b) The obligation of the Borrower Loan Parties in respect of any sum due from it them to any Lender hereunder 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 of any sum adjudged to be so due in the Judgment Currency such Lender may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency; if the amount of Agreement Currency so purchased is less than the sum originally due to such Lender in the Agreement Currency, the Borrower Company agrees notwithstanding any such judgment to indemnify such Lender against such loss, and if the amount of the Agreement Currency so purchased exceeds the sum originally due to any Lender, such Lender Xxxxxx agrees to remit to the Borrower Company or other applicable Loan Party such excess.

Judgment. (a) If for the purpose purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder or under the Notes in one any currency (the "ORIGINAL CURRENCY") into another currency, currency (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 is in accordance with normal banking procedures the Administrative Agent Lender could purchase the first currency Original Currency with such other currency in the city in which it normally conducts its foreign exchange operation for Other Currency on the first currency on the Business Day preceding the day that on which final judgment is given. (b) The obligation of the Borrower in respect of any sum due in the Original Currency from it to any Lender hereunder or under the Notes 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 Lender of any sum adjudged to be so due in the Judgment such Other Currency such Lender may in accordance with normal banking procedures purchase the Agreement Currency dollars with the Judgment such Other Currency; if the amount of Agreement the Original Currency so purchased is less than the sum originally due to such Lender in the Agreement Original Currency, the Borrower agrees agrees, as a separate obligation and notwithstanding any such judgment judgment, to indemnify such Lender against such loss, and if the amount of the Agreement Original Currency so purchased exceeds the sum originally due to any LenderLender in the Original Currency, such Lender agrees to remit to the Borrower such excess.

Judgment. (a) If for the purpose of obtaining -------- judgment in any court it is necessary to convert a sum due hereunder 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 the day on which final judgment is given. (b) The obligation of the each Borrower in respect of any sum due from it to any Lender hereunder 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 of any sum adjudged to be so due in the Judgment Currency such Lender may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency; if the amount of Agreement Currency so purchased is less than the sum originally due to such Lender in the Agreement Currency, the such Borrower agrees notwithstanding any such judgment to indemnify such Lender against such loss, and if the amount of the Agreement Currency so purchased exceeds the sum originally due to any Lender, such Lender agrees to remit to the such Borrower such excess.

Judgment. (a) If for the purpose of obtaining judgment in any court it is necessary to convert a sum due hereunder in one 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 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 the day on which final judgment is given. (b) The obligation of the Borrower Loan Parties in respect of any sum due from it them to any Lender hereunder 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 of any sum adjudged to be so due in the Judgment Currency such Lender may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency; if the amount of Agreement Currency so purchased is less than the sum originally due to such Lender in the Agreement Currency, the Borrower Company agrees notwithstanding any such judgment to indemnify such Lender against such loss, and if the amount of the Agreement Currency so purchased exceeds the sum originally due to any Lender, such Lender agrees to remit to the Borrower Company or other applicable Loan Party such excess.

Judgment. (a) If for the purpose of obtaining judgment in any court it is necessary to convert a sum due hereunder 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 General Administrative Agent could purchase the first currency with such other currency in 116 116 the city in which it normally conducts its foreign exchange operation for the first currency on the Business Day preceding the day on which final judgment is given. (b) The obligation of the each Borrower in respect of any sum due from it to any Lender hereunder 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 of any sum adjudged to be so due in the Judgment Currency such Lender may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency; if the amount of Agreement Currency so purchased is less than the sum originally due to such Lender in the Agreement Currency, the such Borrower agrees notwithstanding any such judgment to indemnify such Lender against such loss, and if the amount of the Agreement Currency so purchased exceeds the sum originally due to any Lender, such Lender agrees to remit to the such Borrower such excess.

Judgment. (a) If If, for the purpose purposes of obtaining judgment in any court court, it is necessary to convert a sum due hereunder or under 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 and customary 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 the day that on which final judgment is given. (b) . The obligation of the each Borrower in respect of any such sum due from it to either Agent or any Lender hereunder or under any other Loan 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 such Agent or such Lender of any sum adjudged to be so due in the Judgment Currency Currency, such Agent or such Lender may in accordance with normal and customary 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 such Agent or such Lender in the Agreement Currency, the applicable Borrower agrees agrees, as a separate obligation and notwithstanding any such judgment judgment, to indemnify such Agent or such Lender against such loss, and if . If the amount of the Agreement Currency so purchased exceeds is greater than the sum originally due to any Lendersuch Agent or such Lender in such currency, such Agent or such Lender agrees to remit return the amount of any excess to the applicable Borrower such excess(or to any other Person who may be entitled thereto under Applicable Law).