Common use of Judgment Clause in Contracts

Judgment. (a) If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder or under the Notes in any currency (the “Original Currency”) into another 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 in accordance with normal banking procedures the Administrative Agent could purchase the Original Currency with the Other Currency at 9:00 A.M. (New York City time) on the first Business Day preceding that on which final judgment is given. (b) The obligation of the Company in respect of any sum due in the Original Currency from it to any Lender or the Administrative Agent hereunder or under the Note or Notes held by such Lender shall, notwithstanding any judgment in any Other 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 such Other Currency, such Lender or the Administrative Agent (as the case may be) may in accordance with normal banking procedures purchase Dollars with such Other Currency; if the amount of Dollars so purchased is less than the sum originally due to such Lender or the Administrative Agent (as the case may be) in the Original Currency, the Company agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or the Administrative Agent (as the case may be) against such loss, and if the amount of the Original Currency so purchased exceeds the sum originally due to any Lender or the Administrative Agent (as the case may be) in the Original Currency, such Lender or the Administrative Agent (as the case may be) agrees to remit to the Company such excess.

Judgment. (a) If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder or under the Notes in any currency (the “"Original Currency”") into another 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 in accordance with normal banking procedures the Administrative Agent could purchase the Original Currency with the Other Currency at 9:00 A.M. (New York City time) on the first Business Day preceding that on which final judgment is given. (b) The obligation of the Company each Borrower in respect of any sum due in the Original Currency from it to any Lender or the Administrative Agent hereunder or under the Revolving Credit Note or Revolving Credit Notes held by such Lender shall, notwithstanding any judgment in any Other 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 such Other Currency, such Lender or the Administrative Agent (as the case may be) may in accordance with normal banking procedures purchase Dollars with such Other Currency; if the amount of Dollars so purchased is less than the sum originally due to such Lender or the Administrative Agent (as the case may be) in the Original Currency, the Company such Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or the Administrative Agent (as the case may be) against such loss, and if the amount of the Original Currency Dollars so purchased exceeds the sum originally due to any Lender or the Administrative Agent (as the case may be) in the Original Currency, such Lender or the Administrative Agent (as the case may be) agrees to remit to the Company such Borrower such excess.

Judgment. (a) If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder or under the Notes in any currency (the “Original Currency”) into another 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 in accordance with normal banking procedures the Administrative Agent could purchase the Original Currency with the Other Currency at 9:00 A.M. (New York City time) on the first Business Day preceding that on which final judgment is given. (b) The obligation of the Company Borrower in respect of any sum due in the Original Currency from it to any Lender or the Administrative Agent hereunder or under the Revolving Credit Note or Revolving Credit Notes held by such Lender shall, notwithstanding any judgment in any Other 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 such Other Currency, such Lender or the Administrative Agent (as the case may be) may in accordance with normal banking procedures purchase Dollars with such Other Currency; if the amount of Dollars so purchased is less than the sum originally due to such Lender or the Administrative Agent (as the case may be) in the Original Currency, the Company Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or the Administrative Agent (as the case may be) against such loss, and if the amount of the Original Currency Dollars so purchased exceeds the sum originally due to any Lender or the Administrative Agent (as the case may be) in the Original Currency, such Lender or the Administrative Agent (as the case may be) agrees to remit to the Company Borrower such excess.

Judgment. (a) If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder or under the Notes in any currency (the “Original Currency”) into another 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 in accordance with normal banking procedures the Administrative Agent could purchase the Original Currency with the Other Currency at 9:00 A.M. (New York City time) on the first Business Day preceding that on which final judgment is given. (b) The obligation of the Company each Borrower in respect of any sum due in the Original Currency from it to any Lender or the Administrative any Agent hereunder or under the Note or Notes held by such Lender shall, notwithstanding any judgment in any Other Currency, be discharged only to the extent that on the Business Day following receipt by such Lender or the Administrative such Agent (as the case may be) of any sum adjudged to be so due in such Other Currency, such Lender or the Administrative such Agent (as the case may be) may in accordance with normal banking procedures purchase Dollars with such Other Currency; if the amount of Dollars so purchased is less than the sum originally due to such Lender or the Administrative such Agent (as the case may be) in the Original Currency, the Company such Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or the Administrative such Agent (as the case may be) against such loss, and if the amount of the Original Currency so purchased exceeds the sum originally due to any Lender or the Administrative any Agent (as the case may be) in the Original Currency, such Lender or the Administrative such Agent (as the case may be) agrees to remit to the Company such Borrower such excess.

Judgment. (a) If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder or under any of the Notes other Loan Documents in any currency (the “Original Currency”) U.S. Dollars into another currency (the “Other Currency”)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 Original Currency U.S. Dollars with the Other Currency such other currency at 9:00 A.M. (New York City time) DBTCA on the first Business Day preceding that on which final judgment is given. (b) The obligation of the Company Borrower in respect of any sum due in the Original Currency from it to any Lender Party or the Administrative Agent hereunder or under any of the Note or Notes other Loan Documents held by such Lender Party shall, notwithstanding any judgment in any Other Currencya currency other than U.S. Dollars, be discharged only to the extent that on the Business Day following of receipt by such Lender Party or the Administrative Agent (as the case may be) of any sum adjudged to be so due in such Other Currency, other currency such Lender Party or the Administrative Agent (as the case may be) may in accordance with normal banking procedures purchase U.S. Dollars with such Other Currencyother currency; if the amount of U.S. Dollars so purchased is are less than the sum originally due by the Borrower to such Lender Party or the Administrative Agent (as the case may be) in the Original CurrencyU.S. Dollars, the Company Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender Party or the Administrative Agent (as the case may be) against such loss, and if the amount of the Original Currency U.S. Dollars so purchased exceeds exceed the sum originally due by the Borrower to any Lender Party or the Administrative Agent (as the case may be) in the Original CurrencyU.S. Dollars, such Lender Party or the Administrative Agent (as the case may be) agrees to remit to the Company Borrower such excess.

Judgment. (a) If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder or under the Notes in any currency (the “Original Currency”) into another 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 in accordance with normal banking procedures the Administrative Agent could purchase the Original Currency with the Other Currency at 9:00 A.M. (New York City time) on the first Business Day preceding that on which final judgment is given. (b) The obligation of the Company each Borrower in respect of any sum due in the Original Currency from it to any Lender or the Administrative Agent hereunder or under the Revolving Credit Note or Revolving Credit Notes held by such Lender shall, notwithstanding any judgment in any Other 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 such Other Currency, such Lender or the Administrative Agent (as the case may be) may in accordance with normal banking procedures purchase Dollars with such Other Currency; if the amount of Dollars so purchased is less than the sum originally due to such Lender or the Administrative Agent (as the case may be) in the Original Currency, the Company such Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or the Administrative Agent (as the case may be) against such loss, and if the amount of the Original Currency so purchased exceeds the sum originally due to any Lender or the Administrative Agent (as the case may be) in the Original Currency, such Lender or the Administrative Agent (as the case may be) agrees to remit to the Company such Borrower such excess.

Judgment. (a) If for the purposes purpose of obtaining judgment in any court it is necessary to convert a sum due hereunder or under the Notes in any one currency (the “Original Currency”) into another currency (the “Other Currency”)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 Original Currency first currency with such other currency in the Other Currency at 9:00 A.M. (New York City time) city in which it normally conducts its foreign exchange operation for the first currency on the first Business Day preceding that the day on which final judgment is given. (b) The obligation of the Company each Grantor in respect of any sum due in the Original Currency from it to any Lender or the Administrative Agent or any Lender hereunder or under the Note or Notes held by such Lender shall, notwithstanding any judgment in any Other Currencya currency (the "JUDGMENT CURRENCY") other than that in which such sum is denominated in accordance with the applicable provisions of the Loan Documents (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) or such Lender of any sum adjudged to be so due in such Other the Judgment Currency, such Lender or the Administrative Agent (as the case may be) or such Lender may in accordance with normal banking procedures purchase Dollars the Agreement Currency with such Other the Judgment Currency; if the amount of Dollars 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 Original Agreement Currency, the Company agrees, as a separate obligation and such Grantor agrees 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 Original Agreement Currency so purchased exceeds the sum originally due to any Lender or the Administrative Agent (as or any Lender the case may be) in the Original CurrencyAdministrative Agent or, such Lender or the Administrative Agent (as the case may be) agrees to remit to the Company such Borrower such excess.

Judgment. (a) If If, for the purposes of obtaining judgment in any court court, it is necessary to convert a sum due hereunder or under the Notes or any other Loan Documents in any currency (the “Original Currency”) U.S. Dollars into another 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 in accordance with normal banking procedures the Administrative Agent could purchase the Original Currency with the Other Currency at 9:00 A.M. (U.S. Dollars in New York City time) on the first Business Day preceding that on which final judgment is given. (b) The obligation of the Company Borrower in respect of any sum due in the Original Currency U.S. Dollars from it to any Lender or the Administrative Agent hereunder or under the Note or Notes held by such Lender shall, notwithstanding any judgment in any Other Currency, be discharged only to the extent that 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 such Other Currency, Currency such Lender or the Administrative Agent (as the case may be) may may, in accordance with normal banking procedures procedures, purchase U.S. Dollars with such Other Currency; if the amount of the U.S. Dollars so purchased is less than the sum originally due to such Lender or the Administrative Agent (as the case may be) in the Original CurrencyU.S. Dollars, the Company Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or the Administrative Agent (as the case may be) against such loss, and if the amount of the Original Currency U.S. Dollars so purchased exceeds the sum originally due to any Lender or the Administrative Agent (as the case may be) in the Original CurrencyU.S. Dollars, such Lender or the Administrative Agent (as the case may be) agrees to remit to the Company Borrower such excess.

Judgment. (a) If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder or under the Notes in any currency (the “Original Currency”) into another 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 in accordance with normal banking procedures the Administrative Agent could purchase the Original Currency with the Other Currency at 9:00 A.M. (New York City time) on the first Business Day preceding that on which final judgment is givenCurrency. (b) The obligation of the Company applicable Borrower in respect of any sum due in the Original Currency from it to any Lender Bank or the Administrative Agent hereunder Agent, or any Issuing Bank hereunder, under the Note or Notes held by such Lender Bank, or under any Letter of Credit Reimbursement Agreement shall, notwithstanding any judgment in any Other Currency, be discharged only to the extent that on the Business Day following receipt by such Lender Bank, the Agent or the Administrative Agent such Issuing Bank (as the case may be) of any sum adjudged to be so due in such Other CurrencyCurrency such Bank, the Agent or such Lender or the Administrative Agent Issuing Bank (as the case may be) may in accordance with normal banking procedures purchase Dollars the Original Currency with such Other Currency; if the amount of Dollars the Original Currency so purchased is less than the sum originally due to such Lender Bank or the Administrative Agent or such Issuing Bank (as the case may be) in the Original Currency, the Company such Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender Bank, the Agent or the Administrative Agent such Issuing Bank (as the case may be) against such loss, and if the amount of the Original Currency so purchased exceeds the sum originally due to any Lender Bank, the Agent or the Administrative Agent such Issuing Bank (as the case may be) in the Original Currency, such Lender Bank or the Administrative Agent or such Issuing Bank (as the case may be) agrees to remit to the Company such Borrower such excess.

Judgment. (a) If for the purposes purpose of obtaining judgment in any court it is necessary to convert a sum due hereunder or under the Notes in any one currency (the “Original Currency”) into another currency (the “Other Currency”)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 Original Currency first currency with the Other Currency at 9:00 A.M. (New York City time) such other currency on the first Business Day preceding that the day on which final judgment is given. (b) The obligation of the Company in respect of any sum due in the Original Currency from it to any Lender Bank or the Administrative Agent hereunder or under the Note or Notes held by such Lender shall, notwithstanding any judgment in any Other a currency (the "Judgment Currency") other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement or the other Credit Documents (the "Agreement Currency"), be discharged only to the extent that on the Business Day following receipt by such Lender Bank or the Administrative Agent (as the case may be) of any sum adjudged to be so due in the Judgment Currency such Other Currency, such Lender Bank or the Administrative Agent (as the case may be) may in accordance with normal banking procedures purchase Dollars the Agreement Currency with such Other the Judgment Currency; if the amount of Dollars the Agreement Currency so purchased is less than the sum originally due to such Lender Bank or the Administrative Agent (as the case may be) in the Original Agreement Currency, the Company agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender Bank or the Administrative Agent (as the case may be) against such loss, and if the amount of the Original Agreement Currency so purchased exceeds the sum originally due to any Lender Bank or the Administrative Agent (as the case may be) in the Original Currency), such Lender Bank or the Administrative Agent (as the case may be) agrees to remit to the Company such excess.

Judgment. (a) If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder or under the Notes in any currency (the “Original Currency”) Dollars into another currency (the “Other Currency”)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 Original Currency Dollars with the Other Currency such other currency at 9:00 Bank of America's principal office in New York at 11:00 A.M. (New York City time) on the first Business Day preceding that on which final judgment is given. (b) [Intentionally omitted]. (c) The obligation of the Company Borrower in respect of any sum due in the Original Currency from it in any currency (the "Primary Currency") to any Lender or the Administrative Agent hereunder or under the Note or Notes held by such Lender shall, notwithstanding any judgment in any Other Currencyother 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 such Other Currencyother currency, such Lender or the Administrative Agent (as the case may be) may in accordance with normal banking procedures purchase Dollars the applicable Primary Currency with such Other Currencyother currency; if the amount of Dollars the applicable Primary Currency so purchased is less than the such sum originally due to such Lender or the Administrative Agent (as the case may be) in the Original applicable Primary Currency, the Company Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or the Administrative Agent (as the case may be) against such loss, and if the amount of the Original applicable Primary Currency so purchased exceeds the such sum originally due to any Lender or the Administrative Agent (as the case may be) in the Original applicable Primary Currency, such Lender or the Administrative Agent (as the case may be) agrees to remit to the Company Borrower such excess.

Judgment. (a) If for the purposes of obtaining -------- judgment in any court it is necessary to convert a sum due hereunder or under the Notes in any currency (the “"Original Currency”") into another 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 in accordance with normal banking procedures the Administrative Agent could purchase the Original Currency with the Other Currency at 9:00 A.M. (New York City time) on the first Business Day preceding that on which final judgment is given. (b) The obligation of the Company Borrower in respect of any sum due in the Original Currency from it to any Lender or the Administrative any Agent hereunder or under the Note or Notes held by such Lender shall, notwithstanding any judgment in any Other Currency, be discharged only to the extent that on the Business Day following receipt by such Lender or the Administrative such Agent (as the case may be) of any sum adjudged to be so due in such Other Currency, such Lender or the Administrative such Agent (as the case may be) may in accordance with normal banking procedures purchase Dollars with such Other Currency; if the amount of Dollars so purchased is less than the sum originally due to such Lender or the Administrative such Agent (as the case may be) in the Original Currency, the Company Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or the Administrative such Agent (as the case may be) against such loss, and if the amount of the Original Currency Dollars so purchased exceeds the sum originally due to any Lender or the Administrative such Agent (as the case may be) in the Original Currency, such Lender or the Administrative such Agent (as the case may be) agrees to remit to the Company Borrower such excess.

Judgment. (a) If for the purposes of obtaining judgment in any court it is necessary to convert all or any part of the Guaranteed Obligations or any other amount due to a sum due hereunder Lender or the Administrative Agent in respect of the Covenantor’s obligations under the Notes this Guarantee in any currency (the “Original Currency”) into another currency (the “Other Currency”), the parties hereto agreeCovenantor, to the fullest extent that they it may effectively do so, agrees that the rate of exchange used shall be that at which which, in accordance with normal banking procedures procedures, the Lender or Administrative Agent Agent, as the case may be, could purchase the Original Currency with the Other Currency at 9:00 A.M. (New York City time) on the first Business Day preceding that on which final judgment is givenpaid or satisfied. (b) The obligation obligations of the Company Covenantor in respect of any sum due in the Original Currency from it to any Lender or the Administrative Agent hereunder or under the Note or Notes held by such Lender shall, notwithstanding any judgment in any Other 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 such Other Currency, Currency such Lender or the Administrative Agent (as the case may be) may may, in accordance with its normal banking procedures procedures, purchase Dollars the Original Currency with such Other Currency; if . If the amount of Dollars the Original Currency so purchased is less than the sum originally due to such the Lender or the Administrative Agent (as the case may be) in the Original Currency, the Company Covenantor agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such the Lender or the Administrative Agent (as the case may be) against such loss, and if the amount of the Original Currency so purchased exceeds the sum originally due to any the Lender or the Administrative Agent (as the case may be) in the Original Currency, such the Lender or the Administrative Agent (as the case may be) agrees to remit such excess to the Company such excessCovenantor.

Judgment. (a) If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder or under the Notes in any currency (the “"Original Currency”") into another 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 in accordance with normal banking procedures the Administrative Agent could purchase the Original Currency with the Other Currency at 9:00 A.M. (New York City time) on the first Business Day preceding that on which final judgment is given. (b) The obligation of the Company Borrower in respect of any sum due in the Original Currency from it to any Lender or the Administrative Agent hereunder or under the Note or Notes held by such Lender shall, notwithstanding any judgment in any Other 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 such Other Currency, such Lender or the Administrative Agent (as the case may be) may in accordance with normal banking procedures purchase Dollars with such Other Currency; if the amount of Dollars so purchased is less than the sum originally due to such Lender or the Administrative Agent (as the case may be) in the Original Currency, the Company Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or the Administrative Agent (as the case may be) against such loss, and if the amount of the Original Currency Dollars so purchased exceeds the sum originally due to any Lender or the Administrative Agent (as the case may be) in the Original Currency, such Lender or the Administrative Agent (as the case may be) agrees to remit to the Company Borrower such excess.

Judgment. (a) If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder or under the Notes in any currency (the “"Original Currency”") into another 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 in accordance with normal banking procedures the Administrative Paying Agent could purchase the Original Currency with the Other Currency at 9:00 A.M. (New York City time) on the first Business Day preceding that on which final judgment is given. (b) The obligation of the Company Borrower in respect of any sum due in the Original Currency from it to any Lender Party or the Administrative Paying Agent hereunder or under the Note or Notes held by such Lender shall, notwithstanding any judgment in any Other Currency, be discharged only to the extent that on the Business Day following receipt by such Lender Party or the Administrative Paying Agent (as the case may be) of any sum adjudged to be so due in such Other Currency, Currency such Lender Party or the Administrative Paying Agent (as the case may be) may in accordance with normal banking procedures purchase Dollars with such Other Currency; if the amount of Dollars the Original Currency so purchased is less than the sum originally due to such Lender Party or the Administrative Paying Agent (as the case may be) in the Original Currency, the Company Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender Party or the Administrative Paying Agent (as the case may be) against such loss, and if the amount of the Original Currency so purchased exceeds the sum originally due to any Lender Party or the Administrative Paying Agent (as the case may be) in the Original Currency, such Lender Party or the Administrative Paying Agent (as the case may be) agrees to remit to the Company Borrower such excess.

Judgment. (a) If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder or under the Notes in any currency (the “"Original Currency”") into another 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 in accordance with normal banking procedures the Administrative Agent could purchase the Original Currency with the Other Currency at 9:00 A.M. (New York City time) on the first Business Day preceding that on which final judgment is given. (b) The obligation of the Company Borrower in respect of any sum due in the Original Currency from it to any Lender or the Administrative Agent hereunder or under the Revolving Credit Note or Revolving Credit Notes held by such Lender shall, notwithstanding any judgment in any Other 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 such Other Currency, such Lender or the Administrative Agent (as the case may be) may in accordance with normal banking procedures purchase Dollars with such Other Currency; if the amount of Dollars so purchased is less than the sum originally due to such Lender or the Administrative Agent (as the case may be) in the Original Currency, the Company Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or the Administrative Agent (as the case may be) against such loss, and if the amount of the Original Currency Dollars so purchased exceeds the sum originally due to any Lender or the Administrative Agent (as the case may be) in the Original Currency, such Lender or the Administrative Agent (as the case may be) agrees to remit to the Company Borrower such excess.

Judgment. (a) If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder or under the Notes in any currency (the “Original Currency”) Dollars into another currency (the “Other Currency”)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 Original Currency Dollars with the Other Currency such other currency at 9:00 Bank of America’’s principal office in New York at 11:00 A.M. (New York City time) on the first Business Day preceding that on which final judgment is given. (b) [Intentionally omitted]. (c) The obligation of the Company Borrower in respect of any sum due in the Original Currency from it in any currency (the ““Primary Currency””) to any Lender or the Administrative Agent hereunder or under the Note or Notes held by such Lender shall, notwithstanding any judgment in any Other Currencyother 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 such Other Currencyother currency, such Lender or the Administrative Agent (as the case may be) may in accordance with normal banking procedures purchase Dollars the applicable Primary Currency with such Other Currencyother currency; if the amount of Dollars the applicable Primary Currency so purchased is less than the such sum originally due to such Lender or the Administrative Agent (as the case may be) in the Original applicable Primary Currency, the Company Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or the Administrative Agent (as the case may be) against such loss, and if the amount of the Original applicable Primary Currency so purchased exceeds the such sum originally due to any Lender or the Administrative 976 Agent (as the case may be) in the Original applicable Primary Currency, such Lender or the Administrative Agent (as the case may be) agrees to remit to the Company Borrower such excess.

Judgment. (a) If If, for the purposes of obtaining judgment in any court court, it is necessary to convert a sum due hereunder or under the Notes any other Loan Document in any one currency (the “Original Currency”) into another currency (the “Other Currency”)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 Co-Administrative Agent could purchase the Original Currency first currency with the Other Currency at 9:00 A.M. (New York City time) such other currency on the first Business Day preceding that on which final judgment is given. (b) . The obligation of the Company in respect of any such sum due in the Original Currency from it to the Agent, the Co-Administrative Agent or any Lender or the Administrative Agent hereunder or under the Note or Notes held by such Lender other Loan Documents shall, notwithstanding any judgment in any Other 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 or the Administrative Agent (as the case may be) of any sum adjudged to be so due in such Other the Judgment Currency, the Agent, the Co-Administrative Agent or such Lender or the Administrative Agent (as the case may be) may in accordance with normal banking procedures purchase Dollars the Agreement Currency with such Other the Judgment Currency; if . If the amount of Dollars the Agreement Currency so purchased is less than the sum originally due to the Agent, the Co-Administrative Agent or such Lender or the Administrative Agent (as the case may be) in the Original Agreement Currency, the Company agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Agent, the Co-Administrative Agent or - 83 - such Lender or the Administrative Agent (as the case may be) Person to whom such obligation was owing against such loss, and if . If the amount of the Original Agreement Currency so purchased exceeds is greater than the sum originally due to any Lender or the Agent, the Co-Administrative Agent (as the case may be) in the Original Currency, or such Lender or in such currency, the Agent, the Co-Administrative Agent (as the case may be) or such Lender agrees to remit return the amount of any excess to the Company such excess(or to any other Person who may be entitled thereto under applicable law).

Judgment. (a) If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder or under the Notes any promissory note of any Borrower issued pursuant to this Agreement in any currency (the “Original Currency”) into another 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 which, in accordance with normal banking procedures procedures, the Administrative applicable Agent could purchase the Original Currency with the Other Currency at 9:00 A.M. (New York City time) on the first second Business Day preceding that on which final judgment is given. (b) The obligation of the Company a Borrower in respect of any sum due in the Original Currency from it to any Lender Party or the Administrative any Agent hereunder or under the Note or Notes held by such Lender shall, notwithstanding any judgment in any Other Currency, be discharged only to the extent that on the Business Day following receipt by such Lender Party or the Administrative applicable Agent (as the case may be) of any sum adjudged to be so due in such Other Currency, Currency such Lender Party or the Administrative applicable Agent (as the case may be) may may, in accordance with normal banking procedures procedures, purchase Dollars Original Currency with such Other Currency; if the amount of Dollars the Original Currency so purchased is less than the sum originally due to such Lender Party or the Administrative applicable Agent (as the case may be) in the Original Currency, the Company such Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender Party or the Administrative applicable Agent (as the case may be) against such loss, and if the amount of the Original Currency so purchased exceeds the sum originally due to any Lender Party or the Administrative applicable Agent (as the case may be) in the Original Currency, such Lender Party or the Administrative applicable Agent (as the case may be) agrees to remit to the Company such Borrower such excess.

Judgment. (a) If for the purposes purpose of obtaining judgment in any court it is necessary to convert a sum due hereunder or under the Notes in any one currency (the “Original Currency”) into another currency (the “Other Currency”)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 Original Currency first currency with the Other Currency at 9:00 A.M. (New York City time) such other currency on the first Business Day preceding that the day on which final judgment is given. (b) The obligation of the Company in respect of any sum due in the Original Currency from it to any Lender or the Administrative Agent hereunder or under the Note or Notes held by such Lender shall, notwithstanding any judgment in any Other 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 such Other Currency, the Judgment Currency such Lender or the Administrative Agent (as the case may be) may in accordance with normal banking procedures purchase Dollars the Agreement Currency with such Other the Judgment Currency; if the amount of Dollars 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 be)in the Original Agreement Currency, the Company agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or the Administrative Agent (as the case may be) against such loss, and if the amount of the Original Agreement Currency so purchased exceeds the sum originally due to any Lender or the Administrative Agent (as the case may be) in the Original Currency), such Lender or the Administrative Agent (as the case may be) agrees to remit to the Company such excess.

Judgment. (a) If If, for the purposes of obtaining judgment in any court court, it is necessary to convert a sum due hereunder or under the Notes or any other Loan Documents in any currency (the “Original Currency”) Dollars into another 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 in accordance with normal banking procedures the Administrative Agent could purchase the Original Currency with the Other Currency at 9:00 A.M. (Dollars in New York City time) on the first Business Day preceding that on which final judgment is given. (b) The obligation of the Company Borrower or the Guarantor in respect of any sum due in the Original Currency Dollars from it to any Lender or the Administrative Agent hereunder or under the Note or Notes held by such Lender shall, notwithstanding any judgment in any Other Currency, be discharged only to the extent that 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 such Other Currency, Currency such Lender or the Administrative Agent (as the case may be) may may, in accordance with normal banking procedures procedures, purchase Dollars with such Other Currency; if the amount of the Dollars so purchased is less than the sum originally due to such Lender or the Administrative Agent (as the case may be) in the Original CurrencyDollars, the Company Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or the Administrative Agent (as the case may be) against such loss, and if the amount of the Original Currency Dollars so purchased exceeds the sum originally due to any Lender or the Administrative Agent (as the case may be) in the Original CurrencyDollars, such Lender or the Administrative Agent (as the case may be) agrees to remit to the Company Borrower such excess.

Judgment. (a) If If, for the purposes of obtaining judgment in any court court, it is necessary to convert a sum due hereunder or under the Notes any other Loan Document in any one currency (the “Original Currency”) into another currency (the “Other Currency”)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 Co-Administrative Agent could purchase the Original Currency first currency with the Other Currency at 9:00 A.M. (New York City time) such other currency on the first Business Day preceding that on which final judgment is given. (b) . The obligation of the Company in respect of any such sum due in the Original Currency from it to the Agent, the Co-Administrative Agent or any Lender or the Administrative Agent hereunder or under the Note or Notes held by such Lender other Loan Documents shall, notwithstanding any judgment in any Other Currencya 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 or the Administrative Agent (as the case may be) of any sum adjudged to be so due in such Other the Judgment Currency, the Agent, the Co-Administrative Agent or such Lender or the Administrative Agent (as the case may be) may in accordance with normal banking procedures purchase Dollars the Agreement Currency with such Other the Judgment Currency; if . If the amount of Dollars the Agreement Currency so purchased is less than the sum originally due to the Agent, the Co-Administrative Agent or such Lender or the Administrative Agent (as the case may be) in the Original Agreement Currency, the Company agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Agent, the Co-Administrative Agent or such Lender or the Administrative Agent (as the case may be) Person to whom such obligation was owing against such loss, and if . If the amount of the Original Agreement Currency so purchased exceeds is greater than the sum originally due to any Lender or the Agent, the Co-Administrative Agent (as the case may be) in the Original Currency, or such Lender or in such currency, the Agent, the Co-Administrative Agent (as the case may be) or such Lender agrees to remit return the amount of any excess to the Company such excess(or to any other Person who may be entitled thereto under applicable law).

Judgment. (a) If If, for the purposes of obtaining judgment in any court court, it is necessary to convert a sum due hereunder or under the Notes any other Loan Document in any one currency (the “Original Currency”) into another currency (the “Other Currency”)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 Original Currency first currency with the Other Currency at 9:00 A.M. (New York City time) such other currency on the first Business Day preceding that on which final judgment is given. (b) . The obligation of the Company each Borrower in respect of any such sum due in the Original Currency from it to the Agent or any Lender or the Administrative Agent hereunder or under the Note or Notes held by such Lender other Loan Documents shall, notwithstanding any judgment in any Other a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of AMERICAS/2024254939.6 173 Sealed Air – 4th A&R Syndicated Facility Agt this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Agent or such Lender or the Administrative Agent (Lender, as the case may be) , of any sum adjudged to be so due in such Other the Judgment Currency, the Agent or such Lender or the Administrative Agent (Lender, as the case may be) , may in accordance with normal banking procedures purchase Dollars the Agreement Currency with such Other the Judgment Currency; if . If the amount of Dollars the Agreement Currency so purchased is less than the sum originally due to such the Agent or any Lender or the Administrative Agent (as the case may be) from any Borrower in the Original Agreement Currency, the Company such Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Agent or such Lender or the Administrative Agent (Lender, as the case may be) , against such loss, and if . If the amount of the Original Agreement Currency so purchased exceeds is greater than the sum originally due to the Agent or any Lender in such currency, the Agent or the Administrative Agent (such Lender, as the case may be) in the Original Currency, such Lender or the Administrative Agent (as the case may be) agrees to remit return the amount of any excess to the Company such excessBorrower (or to any other Person who may be entitled thereto under applicable law).

Judgment. (a) If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder or under the Notes in any currency (the “Original Currency”) into another 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 in accordance with normal banking procedures the Administrative Agent could purchase the Original Currency with the Other Currency at 9:00 A.M. (New York City time) on the first Business Day preceding that on which final judgment is given. (b) The obligation of the Company each Borrower in respect of any sum due in the Original Currency from it to any Lender or the Administrative any Agent hereunder or under the Revolving Credit Note or Revolving Credit Notes held by such Lender shall, notwithstanding any judgment in any Other Currency, be discharged only to the extent that on the Business Day following receipt by such Lender or the Administrative such Agent (as the case may be) of any sum adjudged to be so due in such Other Currency, such Lender or the Administrative such Agent (as the case may be) may in accordance with normal banking procedures purchase Dollars with such Other Currency; if the amount of Dollars so purchased is less than the sum originally due to such Lender or the Administrative such Agent (as the case may be) in the Original Currency, the Company such Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or the Administrative such Agent (as the case may be) against such loss, and if the amount of the Original Currency so purchased exceeds the sum originally due to any Lender or the Administrative any Agent (as the case may be) in the Original Currency, such Lender or the Administrative such Agent (as the case may be) agrees to remit to the Company such Borrower such excess.. NYDOCS01/1619437.3A 98

Judgment. (a) If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder or under the Notes in any currency (the “"Original Currency”") into another 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 in accordance with normal banking procedures the Administrative Agent could purchase the Original Currency with the Other Currency at 9:00 A.M. (New York City time) on the first Business Day preceding that on which final judgment is given. (b) The obligation of the Company Borrower in respect of any sum due in the Original Currency from it to any Lender or the Administrative Agent hereunder or under the Revolving Credit Note or Revolving Credit Notes held by such Lender shall, notwithstanding any judgment in any Other 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 such Other Currency, such Lender or the Administrative Agent (as the case may be) may in accordance with normal banking procedures purchase Dollars with such Other Currency; if the amount of Dollars so purchased is less than the sum originally due to such Lender or the Administrative Agent (as the case may be) in the Original Currency, the Company Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or the Administrative Agent (as the case may be) against such loss, and if the amount of the Original Currency Dollars so purchased exceeds the sum originally due to any Lender or the Administrative Agent (as the case TABLE OF CONTENTS may be) in the Original Currency, such Lender or the Administrative Agent (as the case may be) agrees to remit to the Company Borrower such excess.

Judgment. (a) If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder or under the Notes in any currency (the “Original Currency”) U.S. Dollars into another currency (the “Other Currency”)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 Original Currency U.S. Dollars with the Other Currency such other currency at 9:00 BTMU’s principal office in London at 11:00 A.M. (New York City London time) on the first Business Day preceding that on which final judgment is given. (b) If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder in Euro or Sterling into U.S. Dollars, the parties 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 such Euro or Sterling, as applicable, with U.S. Dollars at BTMU’s principal office in London at 11:00 A.M. (London time) on the Business Day preceding that on which final judgment is given. (c) The obligation of the Company Guarantor in respect of any sum due in the Original Currency from it in any currency (the “Primary Currency”) to any Lender or the Administrative Agent hereunder or under the Note or Notes held by such Lender shall, notwithstanding any judgment in any Other Currencyother 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 such Other Currencyother currency, such Lender or the Administrative Agent (as the case may be) may in accordance with normal banking procedures purchase Dollars the applicable Primary Currency with such Other Currencyother currency; if the amount of Dollars the applicable Primary Currency so purchased is less than the such sum originally due to such Lender or the Administrative Agent (as the case may be) in the Original applicable Primary Currency, the Company Guarantor agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or the Administrative Agent (as the case may be) against such loss, and if the amount of the Original applicable Primary Currency so purchased exceeds the such sum originally due to any Lender or the Administrative Agent (as the case may be) in the Original applicable Primary Currency, such Lender or the Administrative Agent (as the case may be) agrees to remit to the Company Guarantor such excess.

Judgment. (a) If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder or under the Notes in any currency (the “Original Currency”) Dollars into another currency (the “Other Currency”)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 Original Currency Dollars with the Other Currency such other currency at 9:00 Bank of America’s principal office in New York at 11:00 A.M. (New York City time) on the first Business Day preceding that on which final judgment is given. (b) [Intentionally omitted]. (c) The obligation of the Company Borrower in respect of any sum due in the Original Currency from it in any currency (the “Primary Currency”) to any Lender or the Administrative Agent hereunder or under the Note or Notes held by such Lender shall, notwithstanding any judgment in any Other Currencyother 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 such Other Currencyother currency, such Lender or the Administrative Agent (as the case may be) may in accordance with normal banking procedures purchase Dollars the applicable Primary Currency with such Other Currencyother currency; if the amount of Dollars the applicable Primary Currency so purchased is less than the such sum originally due to such Lender or the Administrative Agent (as the case may be) in the Original applicable Primary Currency, the Company Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or the Administrative Agent (as the case may be) against such loss, and if the amount of the Original applicable Primary Currency so purchased exceeds the such sum originally due to any Lender or the Administrative Agent (as the case may be) in the Original applicable Primary Currency, such Lender or the Administrative Agent (as the case may be) agrees to remit to the Company Borrower such excess.

Judgment. (a) A. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder or under the Notes any Loan Document in any currency (the “"Original Currency”") into another currency (the “"Other Currency”), ") the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of or exchange used shall be that at which which, in accordance with normal banking procedures the Administrative procedures, Agent could purchase the Original Currency with the Other Currency at 9:00 A.M. (New York City time) London, England or Toronto, Canada, as applicable, on the first second Business Day preceding that on which final judgment is given. (b) B. The obligation of the Company a Loan Party in respect of any sum due in the Original Currency from it to any Lender or the Administrative Agent hereunder or under the Note or Notes held by such Lender shall, notwithstanding any judgment in any Other 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 such Other Currency, Currency such Lender or the Administrative Agent (as the case may be) may may, in accordance with normal banking procedures procedures, purchase Dollars Original Currency with such Other Currency; if the amount of Dollars the Original Currency so purchased is less than the sum originally due to such Lender or the Administrative Agent (as the case may be) in the Original Currency, the Company such Loan Party agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or the Administrative Agent (as the case may be) against such loss, and if the amount of the Original Currency so purchased exceeds the sum originally due to any Lender or the Administrative Agent (as the case may be) in the Original Currency, such Lender or the Administrative Agent (as the case may be) agrees to remit to the Company such Loan Party such excess.

Judgment. (a) If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder or under any of the Notes other Loan Documents in any currency (the “Original Currency”) U.S. dollars into another currency (the “Other Currency”)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 Original Currency U.S. dollars with the Other Currency such other currency at 9:00 A.M. (New York City time) DBTCA on the first Business Day preceding that on which final judgment is given. (b) . The obligation of the Company each Borrower in respect of any sum due in the Original Currency from it to any Lender Party or the Administrative Agent hereunder or under any of the Note or Notes other Loan Documents held by such Lender Party shall, notwithstanding any judgment in any Other Currencya currency other than U.S. dollars, be discharged only to the extent that on the Business Day following of receipt by such Lender Party or the Administrative Agent (as the case may be) of any sum adjudged to be so due in such Other Currency, other currency such Lender Party or the Administrative Agent (as the case may be) may in accordance with normal banking procedures purchase Dollars U.S. dollars with such Other Currencyother currency; if the amount of Dollars U.S. dollars so purchased is are less than the sum originally due by such Borrower to such Lender Party or the Administrative Agent (as the case may be) in the Original CurrencyU.S. dollars, the Company such Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender Party or the Administrative Agent (as the case may be) against such loss, and if the amount of the Original Currency U.S. dollars so purchased exceeds exceed the sum originally due by such Borrower to any Lender Party or the Administrative Agent (as the case may be) in the Original CurrencyU.S. dollars, such Lender Party or the Administrative Agent (as the case may be) agrees to remit to the Company such Borrower such excess.

Judgment. 146 (a) If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder or under the Notes in any currency (the “Original Currency”) Dollars into another currency (the “Other Currency”)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 Dollars with such other currency at the Original Currency with the Other Currency Administrative Agent’s principal office in New York at 9:00 A.M. 11:00 a.m. (New York City time) on the first Business Day preceding that on which final judgment is given. (b) [Reserved]. (c) The obligation of the Company Borrowers in respect of any sum due in the Original Currency from it in any currency (the “Primary Currency”) to any Lender or the Administrative Agent hereunder or under the Note or Notes held by such Lender shall, notwithstanding any judgment in any Other Currencyother 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 such Other Currencyother currency, such Lender or the Administrative Agent (as the case may be) may in accordance with normal banking procedures purchase Dollars the applicable Primary Currency with such Other Currencyother currency; if the amount of Dollars the applicable Primary Currency so purchased is less than the such sum originally due to such Lender or the Administrative Agent (as the case may be) in the Original applicable Primary Currency, the Company agreesBorrowers agree, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or the Administrative Agent (as the case may be) against such loss, and if the amount of the Original applicable Primary Currency so purchased exceeds the such sum originally due to any Lender or the Administrative Agent (as the case may be) in the Original applicable Primary Currency, such Lender or the Administrative Agent (as the case may be) agrees to remit to the Company Borrowers such excess. Section 11.16 [Reserved].

Judgment. (a) If for the purposes purpose of obtaining judgment in any court it is necessary to convert a sum due hereunder or under the Notes in any one currency (the “Original Currency”) into another currency (the “Other Currency”)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 Original Currency first currency with the Other Currency at 9:00 A.M. (New York City time) such other currency on the first Business Day preceding that the day on which final judgment is given. (b) The obligation of the Company or any Subsidiary Borrower in respect of any sum due in the Original Currency from it to any Lender Bank or the Administrative Agent hereunder or under the Note or Notes held by such Lender shall, notwithstanding any judgment in any Other a currency (the "Judgment Currency") other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement or the other Credit Documents (the "Agreement Currency"), be discharged only to the extent that on the Business Day following receipt by such Lender Bank or the Administrative Agent (as the case may be) of any sum adjudged to be so due in the Judgment Currency such Other Currency, such Lender Bank or the Administrative Agent (as the case may be) may in accordance with normal banking procedures purchase Dollars the Agreement Currency with such Other the Judgment Currency; if the amount of Dollars the Agreement Currency so purchased is less than the sum originally due to such Lender Bank or the Administrative Agent (as the case may be) in the Original Agreement Currency, the Company or such Subsidiary Borrower (as the case may be) agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender Bank or the Arrow Electronics Credit Agreement Administrative Agent (as the case may be) against such loss, and if the amount of the Original Agreement Currency so purchased exceeds the sum originally due to any Lender Bank or the Administrative Agent (as the case may be) in the Original Currency), such Lender Bank or the Administrative Agent (as the case may be) agrees to remit to the Company or such Subsidiary Borrower (as the case may be) such excess.

Judgment. (a) If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder or under the Notes in any currency (the “"Original Currency”") into another 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 in accordance with normal banking procedures the Administrative Agent could purchase the Original Currency with the Other Currency at 9:00 A.M. (New York City time) on the first Business Day preceding that on which final judgment is given. (b) The obligation of the Company each Borrower in respect of any sum due in the Original Currency from it to any Lender or the Administrative Agent hereunder or under the Revolving Credit Note or Revolving Credit Notes held by such Lender shall, notwithstanding any judgment in any Other 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 such Other Currency, such Lender or the Administrative Agent (as the case may be) may in accordance with normal banking procedures purchase Dollars with such Other Currency; if the amount of Dollars so purchased is less than the sum originally due to such Lender or the Administrative Agent (as the case may be) in the Original Currency, the Company such Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or the Administrative Agent (as the case may be) against such loss, and if the amount of the Original Currency so purchased exceeds the sum originally due to any Lender or the Administrative Agent (as the case may be) in the Original Currency, such Lender or the Administrative Agent (as the case may be) agrees to remit to the Company such Borrower such excess.

Judgment. (a) If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder or under the Notes any promissory note of any Borrower issued pursuant to this Agreement in any currency (the “"Original Currency”") into another 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 which, in accordance with normal banking procedures procedures, the Administrative Agent could purchase the Original Currency with the Other Currency at 9:00 A.M. (New York City time) London, England on the first second Business Day preceding that on which final judgment is given. (b) The obligation of the Company a Borrower in respect of any sum due in the Original Currency from it to any Lender or the Administrative Agent hereunder or under the Note or Notes held by such Lender shall, notwithstanding any judgment in any Other 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 such Other Currency, Currency such Lender or the Administrative Agent (as the case may be) may may, in accordance with normal banking procedures procedures, purchase Dollars Original Currency with such Other Currency; if the amount of Dollars the Original Currency so purchased is less than the sum originally due to such Lender or the Administrative Agent (as the case may be) in the Original Currency, the Company such Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or the Administrative Agent (as the case may be) against such loss, and if the amount of the Original Currency so purchased exceeds the sum originally due to any Lender or the Administrative Agent (as the case may be) in the Original Currency, such Lender or the Administrative Agent (as the case may be) agrees to remit to the Company such Borrower such excess.

Judgment. (a) If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder in US Dollars, Canadian Dollars or under the Notes in any currency (the “Original Currency”) Australian Dollars into another currency (the “Other Currency”)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 Original Currency US Dollars, Canadian Dollars or Australian Dollars with the Other Currency such other currency at 9:00 A.M. BNP Paribas’s principal office in London at 11:00 a.m. (New York City London time) on the first Business Day preceding that on which final judgment is given. (b) The obligation of the Company any Borrower in respect of any sum due in the Original Currency from it in any currency (the “Primary Currency”) to any Lender or the Administrative Agent hereunder or under the Note or Notes held by such Lender shall, notwithstanding any judgment in any Other Currencyother 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 such Other Currencyother currency, such Lender or the Administrative Agent (as the case may be) may in accordance with normal banking procedures purchase Dollars the applicable Primary Currency with such Other Currencyother currency; if the amount of Dollars the applicable Primary Currency so purchased is less than the such sum originally due to such Lender or the Administrative Agent (as the case may be) in the Original applicable Primary Currency, the Company such Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or the 104 Toyota – Three Year Credit Agreement (2016) Administrative Agent (as the case may be) against such loss, and if the amount of the Original applicable Primary Currency so purchased exceeds the such sum originally due to any Lender or the Administrative Agent (as the case may be) in the Original applicable Primary Currency, such Lender or the Administrative Agent (as the case may be) agrees to remit to the Company such Borrower such excess.

Judgment. (a) If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder or under the Notes in any currency (the “"Original Currency”") into another 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 in accordance with normal banking procedures the Administrative Agent could purchase the Original Currency with the Other Currency at 9:00 A.M. (New York City time) on the first Business Day preceding that on which final judgment is given. (b) The obligation of the Company each Borrower in respect of any sum due in the Original Currency from it to any Lender or the Administrative Agent hereunder or under the Revolving Credit Note or Revolving Credit Notes held by such Lender shall, notwithstanding any judgment in any Other 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 such Other Currency, such Lender or the Administrative Agent (as the case may be) may in accordance with normal banking procedures purchase Dollars with such Other Currency; if the amount of Dollars so purchased is less than the sum originally due to such Lender or the Administrative Agent (as the case may be) in the Original Currency, the Company such Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or the Administrative Agent (as the case may be) against such loss, and if the amount of the Original Currency Dollars so purchased exceeds the sum originally due to any Lender or the Administrative Agent (as the case may be) in the Original Currency, such Lender or the Administrative Agent (as the case may be) agrees to remit to the Company such Borrower such excess.".

Judgment. (a) If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder or under the Notes in any currency (the “"Original Currency”") into another 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 in accordance with normal banking procedures the Administrative Agent could purchase the Original Currency with the Other Currency at 9:00 A.M. (New York City time) on the first Business Day preceding that on which final judgment is given. (b) The obligation of the Company each Borrower in respect of any sum due in the Original Currency from it to any Lender or the Administrative any Agent hereunder or under the Note or Notes held by such Lender shall, notwithstanding any judgment in any Other Currency, be discharged only to the extent that on the Business Day following receipt by such Lender or the Administrative such Agent (as the case may be) of any sum adjudged to be so due in such Other Currency, such Lender or the Administrative such Agent (as the case may be) may in accordance with normal banking procedures purchase Dollars with such Other Currency; if the amount of Dollars so purchased is less than the sum originally due to such Lender or the Administrative such Agent (as the case may be) in the Original Currency, the Company such Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or the Administrative such Agent (as the case may be) against such loss, and if the amount of the Original Currency Dollars so purchased exceeds the sum originally due to any Lender or the Administrative any Agent (as the case may be) in the Original Currency, such Lender or the Administrative such Agent (as the case may be) agrees to remit to the Company such Borrower such excess.

Judgment. (a) If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder or under the Notes any other Loan Document in any currency (the “"Original Currency”") into another 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 in accordance with normal banking procedures the Administrative Agent could purchase the Original Currency with the Other Currency at 9:00 A.M. (New York City time) London, England on the first second Business Day preceding that on which final judgment is given. . 112 118 (b) The obligation of the Company a Borrower in respect of any sum due in the Original Currency from it to any Lender or the Administrative Agent hereunder or under the Note or Notes held by such Lender shall, notwithstanding any judgment in any Other 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 such Other Currency, Currency such Lender or the Administrative Agent (as the case may be) may in accordance with normal banking procedures purchase Dollars the Original Currency with such Other Currency; if the amount of Dollars the Original Currency so purchased is less than the sum originally due to such Lender or the Administrative Agent (as the case may be) in the Original Currency, the Company such Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or the Administrative Agent (as the case may be) against such loss, and if the amount of the Original Currency so purchased exceeds the sum originally due to any Lender or the Administrative Agent (as the case may be) in the Original Currency, such Lender or the Administrative Agent (as the case may be) agrees to remit to the Company such Borrower such excess.

Judgment. (a) If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder or under the Notes in any currency (the “Original Currency”) Dollars into another currency (the “Other Currency”)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 Original Currency Dollars with the Other Currency such other currency at 9:00 JPMorgan’s principal office in New York at 11:00 A.M. (New York City time) on the first Business Day preceding that on which final judgment is given. (b) [Intentionally omitted]. (c) The obligation of the Company Borrower in respect of any sum due in the Original Currency from it in any currency (the “Primary Currency”) to any Lender or the Administrative Agent hereunder or under the Note or Notes held by such Lender shall, notwithstanding any judgment in any Other Currencyother 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 such Other Currencyother currency, such Lender or the Administrative Agent (as the case may be) may in accordance with normal banking procedures purchase Dollars the applicable Primary Currency with such Other Currencyother currency; if the amount of Dollars the applicable Primary Currency so purchased is less than the such sum originally due to such Lender or the Administrative Agent (as the case may be) in the Original applicable Primary Currency, the Company Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or the Administrative Agent (as the case may be) against such loss, and if the amount of the Original applicable Primary Currency so purchased exceeds the such sum originally due to any Lender or the Administrative Agent (as the case may be) in the Original applicable Primary Currency, such Lender or the Administrative Agent (as the case may be) agrees to remit to the Company Borrower such excess.

Judgment. (a) If for the purposes purpose of obtaining judgment in any court it is necessary to convert a sum due hereunder or under the Notes in any one currency (the “Original Currency”) into another currency (the “Other Currency”)currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that rate, inclusive of any costs of exchange, at which in accordance with normal banking procedures the Administrative Agent could purchase the Original Currency first currency with the Other Currency at 9:00 A.M. (New York City time) such other currency on the first Business Day preceding that the day on which final judgment is given. (b) The obligation of any Borrower or the Company Guarantor in respect of any sum due in the Original Currency from it to any Lender or the Administrative Agent hereunder or under the Note or Notes held by such Lender shall, notwithstanding any judgment in any Other 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 such Other Currency, the Judgment Currency such Lender or the Administrative Agent (as the case may be) may in accordance with normal banking procedures purchase Dollars the Agreement Currency with such Other the Judgment Currency; if the amount of Dollars 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 Original Agreement Currency, such Borrower or the Company Guarantor (as the case may be) agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or the Administrative Agent (as the case may be) against such loss, and if the amount of the Original Agreement Currency so purchased exceeds the sum originally due to any Lender or the Administrative Agent (as the case may be) in the Original Currency), such Lender or the Administrative Agent (as the case may be) agrees to remit to the Company such excess.the

Judgment. (a) If for the purposes purpose of obtaining judgment in any court it is necessary to convert a sum due hereunder or under the Notes in any one currency (the “Original Currency”) into another currency (the “Other Currency”)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 Original Currency first currency with the Other Currency at 9:00 A.M. (New York City time) such other currency on the first Business Day preceding that the day on which final judgment is given. (b) The obligation of the Company Borrower in respect of any sum due in the Original Currency from it to any Lender or the Administrative Agent hereunder or under the Note or Notes held by such Lender shall, notwithstanding any judgment in any Other a currency (the "Judgment Currency") other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement or the other Loan Documents (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 such Other Currency, the Judgment Currency such Lender or the Administrative Agent (as the case may be) may in accordance with normal banking procedures purchase Dollars the Agreement Currency with such Other the Judgment Currency; if the amount of Dollars 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 Original Agreement Currency, the Company Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or the Administrative Agent (as the case may be) against such loss, and if the amount of the Original Agreement Currency so purchased exceeds the sum originally due to any Lender or the Administrative Agent (as the case may be) in the Original Currency), such 119 113 Lender or the Administrative Agent (as the case may be) agrees to remit to the Company Borrower such excess. The obligations of the Borrower contained in this subsection 11.17 shall survive the termination of this Agreement and the payment of all amounts owing hereunder.

Judgment. (a) If for the purposes purpose of obtaining judgment in any court it is necessary to convert a sum due hereunder or under the Notes in any one currency (the “Original Currency”) into another currency (the “Other Currency”)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 Original Currency first currency with the Other Currency at 9:00 A.M. (New York City time) such other currency on the first Business Day preceding that the day on which final judgment is given. (b) The obligation of the Company in respect of any sum due in the Original Currency from it to any Lender Bank or the Administrative Agent hereunder or under the Note or Notes held by such Lender shall, notwithstanding any judgment in any Other Currencya currency (the "JUDGMENT CURRENCY") other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement or the other Credit Documents (the "AGREEMENT CURRENCY"), be discharged only to the extent that on the Business Day following receipt by such Lender Bank or the Administrative Agent (as the case may be) of any sum adjudged to be so due in the Judgment Currency such Other Currency, such Lender Bank or the Administrative Agent (as the case may be) may in accordance with normal banking procedures purchase Dollars the Agreement Currency with such Other the Judgment Currency; if the amount of Dollars the Agreement Currency so purchased is less than the sum originally due to such Lender Bank or the Administrative Agent (as the case may be) in the Original Agreement Currency, the Company agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender Bank or the Administrative Agent (as the case may be) against such loss, and if the amount of the Original Agreement Currency so purchased exceeds the sum originally due to any Lender Bank or the Administrative Agent (as the case may be) in the Original Currency), such Lender Bank or the Administrative Agent (as the case may be) agrees to remit to the Company such excess.

Judgment. (a) If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder or under the Notes in any currency (the “Original Currency”) U.S. Dollars into another currency (the “Other Currency”)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 Original Currency U.S. Dollars with the Other Currency such other currency at 9:00 Mizuho’s principal office in 63 #90857912v6 London at 11:00 A.M. (New York City London time) on the first Business Day preceding that on which final judgment is given. (a) If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder in Euro into U.S. Dollars, the parties 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 such Euro with U.S. Dollars at Mizuho’s principal office in London at 11:00 A.M. (London time) on the Business Day preceding that on which final judgment is given. (b) The obligation of the Company Borrower in respect of any sum due in the Original Currency from it in any currency (the “Primary Currency”) to any Lender or the Administrative Agent hereunder or under the Note or Notes held by such Lender shall, notwithstanding any judgment in any Other Currencyother 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 such Other Currencyother currency, such Lender or the Administrative Agent (as the case may be) may in accordance with normal banking procedures purchase Dollars the applicable Primary Currency with such Other Currencyother currency; if the amount of Dollars the applicable Primary Currency so purchased is less than the such sum originally due to such Lender or the Administrative Agent (as the case may be) in the Original applicable Primary Currency, the Company Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or the Administrative Agent (as the case may be) against such loss, and if the amount of the Original applicable Primary Currency so purchased exceeds the such sum originally due to any Lender or the Administrative Agent (as the case may be) in the Original applicable Primary Currency, such Lender or the Administrative Agent (as the case may be) agrees to remit to the Company Borrower such excess.

Judgment. (a) If for the purposes purpose of obtaining judgment in any court it is necessary to convert a sum due hereunder or under the Notes in any one currency (the “Original Currency”) into another currency (the “Other Currency”)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 Original Currency first currency with the Other Currency at 9:00 A.M. (New York City time) such other currency on the first Business Day preceding that the day on which final judgment is given. (b) The obligation of the Company in respect of any sum due in the Original Currency from it to any Lender or the Administrative Agent hereunder or under the Note or Notes held by such Lender shall, notwithstanding any judgment in any Other 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 such Other Currency, the Judgment Currency such Lender or the Administrative Agent (as the case may be) may in accordance with normal banking procedures purchase Dollars the Agreement Currency with such Other the Judgment Currency; if . If the amount of Dollars 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 Original Agreement Currency, the Company agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or the Administrative Agent (as the case may be) against such loss, and if the amount of the Original Agreement Currency so purchased exceeds the sum originally due to any Lender or the Administrative Agent (as the case may be) in the Original Currency), such Lender or the Administrative Agent (as the case may be) agrees to remit to the Company such excess.

Judgment. (a) If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder or under the any Notes in any currency (the “Original Currency”) Offshore Currency into another currency (the “Other Currency”)Dollars, 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 Original such other Offshore Currency with Dollars at the Other Currency at 9:00 A.M. (New York City time) FX Trading Office on the first Business Day preceding that on which final judgment is given. (b) The obligation of the Company in respect of any sum due in the Original Currency from it to any Lender or the Administrative Agent hereunder or under the any Note or Notes held by such Lender shall, notwithstanding any judgment in any Other CurrencyDollars, 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 such Other Currency, other Offshore Currency such Lender or the Administrative Agent (as the case may be) may in accordance with normal banking procedures purchase Dollars such other Offshore Currency with such Other CurrencyDollars; if the amount of Dollars Offshore Currency so purchased is are less than the sum originally due to such Lender or the Administrative Agent (as the case may be) in the Original such Offshore Currency, the Company agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or the Administrative Agent (as the case may be) against such loss, and if the amount of the Original Offshore Currency so purchased exceeds exceed the sum originally due to any Lender or the Administrative Agent (as the case may be) in the Original such Offshore Currency, such Lender or the Administrative Agent (as the case may be) agrees to remit to the Company such excess.

Judgment. (a) If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder or under the Notes in any currency (the “Original Currency”) Dollars into another currency (the “Other Currency”)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 Original Currency Dollars with the Other Currency such other currency at 9:00 Mxxxxx Xxxxxxx’x principal office in New York at 11:00 A.M. (New York City time) on the first Business Day preceding that on which final judgment is given. (b) [Intentionally omitted]. (c) The obligation of the Company Borrower in respect of any sum due in the Original Currency from it in any currency (the “Primary Currency”) to any Lender or the Administrative Agent hereunder or under the Note or Notes held by such Lender shall, notwithstanding any judgment in any Other Currencyother 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 such Other Currencyother currency, such Lender or the Administrative Agent (as the case may be) may in accordance with normal banking procedures purchase Dollars the applicable Primary Currency with such Other Currencyother currency; if the amount of Dollars the applicable Primary Currency so purchased is less than the such sum originally due to such Lender or the Administrative Agent (as the case may be) in the Original applicable Primary Currency, the Company Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or the Administrative Agent (as the case may be) against such loss, and if the amount of the Original applicable Primary Currency so purchased exceeds the such sum originally due to any Lender or the Administrative Agent (as the case may be) in the Original applicable Primary Currency, such Lender or the Administrative Agent (as the case may be) agrees to remit to the Company Borrower such excess.

Judgment. (a) If for the purposes purpose of obtaining judgment in any -------- court it is necessary to convert a sum due hereunder or under the Notes in any one currency (the “Original Currency”) into another currency (the “Other Currency”)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 Original Currency first currency with the Other Currency at 9:00 A.M. (New York City time) such other currency on the first Business Day preceding that the day on which final judgment is given. (b) The obligation of the Company Borrowers in respect of any sum due in the Original Currency from it to any Lender Bank or the Administrative Agent hereunder or under the Note or Notes held by such Lender shall, notwithstanding any judgment in any Other a currency (the "Judgment Currency") other than that in which such ----------------- sum is denominated in accordance with the applicable provisions of this Agreement (the 117 "Agreement Currency"), be discharged only to the extent that on the Business ------------------ Day following receipt by such Lender Bank or the Administrative Agent (as the case may be) of any sum adjudged to be so due in the Judgment Currency such Other Currency, such Lender Bank or the Administrative Agent (as the case may be) may in accordance with normal banking procedures purchase Dollars the Agreement Currency with such Other the Judgment Currency; if the amount of Dollars the Agreement Currency so purchased is less than the sum originally due to such Lender Bank or the Administrative Agent (as the case may be) in the Original Agreement Currency, the Company each Borrower jointly and severally agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender Bank or the Administrative Agent (as the case may be) against such loss, and if the amount of the Original Agreement Currency so purchased exceeds the sum originally due to any Lender Bank or the Administrative Agent (as the case may be) in the Original Currency), such Lender Bank or the Administrative Agent (as the case may be) agrees to remit to such Borrower (as the Company case may be) such excess.