Common use of Obligation to Make Payment in Dollars Clause in Contracts

Obligation to Make Payment in Dollars. (a) Any payment on account of an amount that is payable hereunder or under the Notes in Dollars which is made to or for the account of any holder of Notes in any other currency, whether as a result of any judgment or order or the enforcement thereof or the realization of any security or the liquidation of either Obligor, shall constitute a discharge of the obligation of each Obligor under this Agreement or the Notes only to the extent of the amount of Dollars which such holder could purchase in the foreign exchange markets in New York, New York, with the amount of such other currency in accordance with normal banking procedures at the rate of exchange prevailing on the Business Day following receipt of the payment first referred to above. If the amount of Dollars that could be so purchased is less than the amount of Dollars originally due to such holder, each Obligor jointly and severally agrees to the fullest extent permitted by law, to indemnify and save harmless such holder from and against all loss or damage arising out of or as a result of such deficiency. This indemnity shall, to the fullest extent permitted by law, constitute an obligation separate and independent from the other obligations contained in this Agreement and the Notes, shall give rise to a separate and independent cause of action, shall apply irrespective of any indulgence granted by such holder from time to time and shall continue in full force and effect notwithstanding any judgment or order for a liquidated sum in respect of an amount due hereunder or under the Notes or under any judgment or order. * * * * * If you are in agreement with the foregoing, please sign the form of agreement on a counterpart of this Agreement and return it to the Obligors, whereupon this Agreement shall become a binding agreement between you and the Obligors. Very truly yours, CHICAGO BRIDGE & IRON COMPANY (DELAWARE), as the Company By Name: Title: CHICAGO BRIDGE & IRON COMPANY N.V., as the Parent Guarantor By: Chicago Bridge & Iron Company B.V., as its Managing Director By Name: Title: This Agreement is hereby accepted and agreed to as of the date thereof. [VARIATION] By Name: Title: [SCHEDULE A NOT ATTACHED.] SCHEDULE A (to Note Purchase Agreement) DEFINED TERMS As used herein, the following terms have the respective meanings set forth below or set forth in the Section hereof following such term:

Obligation to Make Payment in Dollars. (a) Any payment on account of an amount that is payable hereunder or under the Notes in Dollars which is made to or for the account of any holder of Notes in any other currency, whether as a result of any judgment or order or the enforcement thereof or the realization of any security or the liquidation of either Obligor, shall constitute a discharge of the obligation of each Obligor under this Agreement or the Notes only to the extent of the amount of Dollars which such holder could purchase in the foreign exchange markets in New York, New York, with the amount of such other currency in accordance with normal banking procedures at the rate of exchange prevailing on the Business Day following receipt of the payment first referred to above. If the amount of Dollars that could be so purchased is less than the amount of Dollars originally due to such holder, each Obligor jointly and severally agrees to the fullest extent permitted by law, to indemnify and save harmless such holder from and against all loss or damage arising out of or as a result of such deficiency. This indemnity shall, to the fullest extent permitted by law, constitute an obligation separate and independent from the other obligations contained in this Agreement and the Notes, shall give rise to a separate and independent cause of action, shall apply irrespective of any indulgence granted by such holder from time to time and shall continue in full force and effect notwithstanding any judgment or order for a liquidated sum in respect of an amount due hereunder or under the Notes or under any judgment or order. * * * * * -62- If you are in agreement with the foregoing, please sign the form of agreement on a counterpart of this Agreement and return it to the Obligors, whereupon this Agreement shall become a binding agreement between you and the Obligors. Very truly yours, CHICAGO BRIDGE & IRON COMPANY (DELAWARE), as the Company By /s/ Xxxxxxx Xxxx Name: Xxxxxxx Xxxx Title: Authorized Signatory CHICAGO BRIDGE & IRON COMPANY N.V., as the Parent Guarantor By: Chicago Bridge & Iron Company B.V., as its Managing Director By /s/ Xxxxxxx Xxxx Name: Xxxxxxx Xxxx Title: Authorized Signatory -63- This Agreement is hereby accepted and agreed to as of the date thereof. [VARIATION] THE GIBRALTAR LIFE INSURANCE CO., LTD. By: Prudential Investment Management Japan Co., Ltd., as Investment Manager By: Prudential Investment Management, Inc., as Sub-Adviser By /s/ Xxxxx Xxxxxxxx Vice President THE PRUDENTIAL INSURANCE COMPANY OF AMERICA By /s/ Xxxxx Xxxxxxxx Vice President PRUDENTIAL RETIREMENT GUARANTEED COST BUSINESS TRUST By: Prudential Investment Management, Inc., as investment manager By /s/ Xxxxx Xxxxxxxx Vice President CHICAGO BRIDGE & IRON COMPANY (DELAWARE) CHICAGO BRIDGE & IRON COMPANY N.V. NOTE PURCHASE AND GUARANTEE AGREEMENT This Agreement is hereby accepted and agreed to as of the date thereof. FARMERS INSURANCE EXCHANGE By: Prudential Private Placement Investors, L.P. (as Investment Advisor) By: Prudential Private Placement Investors, Inc. (as its General Partner) By /s/ Xxxxx Xxxxxxxx Vice President MID CENTURY INSURANCE COMPANY By: Prudential Private Placement Investors, L.P. (as Investment Advisor) By: Prudential Private Placement Investors, Inc. (as its General Partner) By /s/ Xxxxx Xxxxxxxx Vice President CHICAGO BRIDGE & IRON COMPANY (DELAWARE) CHICAGO BRIDGE & IRON COMPANY N.V. NOTE PURCHASE AND GUARANTEE AGREEMENT This Agreement is hereby accepted and agreed to as of the date thereof. METROPOLITAN LIFE INSURANCE COMPANY NEW ENGLAND LIFE INSURANCE COMPANY by Metropolitan Life Insurance Company, Its Investment Manager By /s/ Xxxx X. Xxxxx Name: Xxxx X. Xxxxx Title: [SCHEDULE A NOT ATTACHEDManaging Director METLIFE INSURANCE K.K. by MetLife Investment Advisors, LLC, Its Investment Manager By /s/ C. Xxxxx Xxxxxx Name: C. Xxxxx Xxxxxx Title: Managing Director SYMETRA LIFE INSURANCE COMPANY by MetLife Investment Advisors, LLC, Its Investment Manager By /s/ C. Xxxxx Xxxxxx Name: C. Xxxxx Xxxxxx Title: Managing Director CHICAGO BRIDGE & IRON COMPANY (DELAWARE) CHICAGO BRIDGE & IRON COMPANY N.V. NOTE PURCHASE AND GUARANTEE AGREEMENT This Agreement is hereby accepted and agreed to as of the date thereof. THE LINCOLN NATIONAL LIFE INSURANCE COMPANY By: Delaware Investment Advisers, a series of Delaware Management Business Trust, Attorney in Fact By /s/ Xxxx X. Xxxxxx Name: Xxxx X. Xxxxxx Title: Vice President CHICAGO BRIDGE & IRON COMPANY (DELAWARE) CHICAGO BRIDGE & IRON COMPANY N.V. NOTE PURCHASE AND GUARANTEE AGREEMENT This Agreement is hereby accepted and agreed to as of the date thereof. THE GUARDIAN LIFE INSURANCE COMPANY OF AMERICA By /s/ Xxxxxx X. Xxxxxxx Name: Xxxxxx X. Xxxxxxx Title: Managing Director CHICAGO BRIDGE & IRON COMPANY (DELAWARE) CHICAGO BRIDGE & IRON COMPANY N.V. NOTE PURCHASE AND GUARANTEE AGREEMENT This Agreement is hereby accepted and agreed to as of the date thereof. GENWORTH LIFE AND ANNUITY INSURANCE COMPANY By /s/ Xxxxxxx XxXxxxx Name: Xxxxxxx XxXxxxx Title: Investment Officer CHICAGO BRIDGE & IRON COMPANY (DELAWARE) CHICAGO BRIDGE & IRON COMPANY N.V. NOTE PURCHASE AND GUARANTEE AGREEMENT This Agreement is hereby accepted and agreed to as of the date thereof. GENWORTH LIFE INSURANCE COMPANY OF NEW YORK By /s/ Xxxxxxx XxXxxxx Name: Xxxxxxx XxXxxxx Title: Investment Officer CHICAGO BRIDGE & IRON COMPANY (DELAWARE) CHICAGO BRIDGE & IRON COMPANY N.V. NOTE PURCHASE AND GUARANTEE AGREEMENT This Agreement is hereby accepted and agreed to as of the date thereof. SOUTHERN FARM BUREAU LIFE INSURANCE COMPANY By /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Senior Portfolio Manager CHICAGO BRIDGE & IRON COMPANY (DELAWARE) CHICAGO BRIDGE & IRON COMPANY N.V. NOTE PURCHASE AND GUARANTEE AGREEMENT This Agreement is hereby accepted and agreed to as of the date thereof. AMERICAN FAMILY LIFE INSURANCE COMPANY By /s/ Xxxxx X. Xxxx Name: Xxxxx X. Xxxx Title: Fixed Income Portfolio Manager CHICAGO BRIDGE & IRON COMPANY (DELAWARE) CHICAGO BRIDGE & IRON COMPANY N.V. NOTE PURCHASE AND GUARANTEE AGREEMENT This Agreement is hereby accepted and agreed to as of the date thereof. ASSURITY LIFE INSURANCE COMPANY By /s/ Xxxxxx Xxxxx Name: Xxxxxx Xxxxx Title: Senior Director - Investments CHICAGO BRIDGE & IRON COMPANY (DELAWARE) CHICAGO BRIDGE & IRON COMPANY N.V. NOTE PURCHASE AND GUARANTEE AGREEMENT This Agreement is hereby accepted and agreed to as of the date thereof. CMFG LIFE INSURANCE COMPANY By: MEMBERS Capital Advisors, Inc. acting as Investment Advisor By /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Managing Director, Investments CHICAGO BRIDGE & IRON COMPANY (DELAWARE) CHICAGO BRIDGE & IRON COMPANY N.V. NOTE PURCHASE AND GUARANTEE AGREEMENT NAME OF AND ADDRESSOF PURCHASER PRINCIPAL AMOUNT OF NOTES TO BE PURCHASED THE GIBRALTAR LIFE INSURANCE CO.] SCHEDULE A (to Note Purchase Agreement) DEFINED TERMS As used herein, the following terms have the respective meanings set forth below or set forth in the Section hereof following such term:LTD. $34,000,000

Obligation to Make Payment in Dollars. (a) Any payment on account of an amount that is payable hereunder or under the Notes in Dollars which is made to or for the account of any holder of Notes in any other currency, whether as a result of any judgment or order or the enforcement thereof or the realization of any security or the liquidation of either Obligor, shall constitute a discharge of the obligation of each Obligor under this Agreement or the Notes only to the extent of the amount of Dollars which such holder could purchase in the foreign exchange markets in New York, New York, with the amount of such other currency in accordance with normal banking procedures at the rate of exchange prevailing on the Business Day following receipt of the payment first referred to above. If the amount of Dollars that could be so purchased is less than the amount of Dollars originally due to such holder, each Obligor jointly and severally agrees to the fullest extent permitted by law, to indemnify and save harmless such holder from and against all loss or damage arising out of or as a result of such deficiency. This indemnity shall, to the fullest extent permitted by law, constitute an obligation separate and independent from the other obligations contained in this Agreement and the Notes, shall give rise to a separate and independent cause of action, shall apply irrespective of any indulgence granted by such holder from time to time and shall continue in full force and effect notwithstanding any judgment or order for a liquidated sum in respect of an amount due hereunder or under the Notes or under any judgment or order. -79- * * * * * -80- If you are in agreement with the foregoing, please sign the form of agreement on a counterpart of this Agreement and return it to the Obligors, whereupon this Agreement shall become a binding agreement between you and the Obligors. Very truly yours, CHICAGO BRIDGE & IRON COMPANY (DELAWARE), as the Company By _________________________________ Name: :____________________________ Title: :_____________________________ CHICAGO BRIDGE & IRON COMPANY N.V., as the Parent Guarantor By: Chicago Bridge & Iron Company B.V., as its Managing Director By _________________________________ Name: :____________________________ Title: :_____________________________ -81- This Agreement is hereby accepted and agreed to as of the date thereof. [VARIATION] By _________________________________ Name: :____________________________ Title: :_____________________________ [SCHEDULE A NOT ATTACHED.] SCHEDULE A (to Note Purchase Agreement) DEFINED TERMS As used herein, the following terms have the respective meanings set forth below or set forth in the Section hereof following such term:

Obligation to Make Payment in Dollars. (a) Any payment on account of an amount that is payable hereunder or under the Notes in Dollars which is made to or for the account of any holder of Notes in any other currency, whether as a result of any judgment or order or the enforcement thereof or the realization of any security or the liquidation of either Obligor, shall constitute a discharge of the obligation of each Obligor under this Agreement or the Notes only to the extent of the amount of Dollars which such holder could purchase in the foreign exchange markets in New York, New York, with the amount of such other currency in accordance with normal banking procedures at the rate of exchange prevailing on the Business Day following receipt of the payment first referred to above. If the amount of Dollars that could be so purchased is less than the amount of Dollars originally due to such holder, each Obligor jointly and severally agrees to the fullest extent permitted by law, to indemnify and save harmless such holder from and against all loss or damage arising out of or as a result of such deficiency. This indemnity shall, to the fullest extent permitted by law, constitute an obligation separate and independent from the other obligations contained in this Agreement and the Notes, shall give rise to a separate and independent cause of action, shall apply irrespective of any indulgence granted by such holder from time to time and shall continue in full force and effect notwithstanding any judgment or order for a liquidated sum in respect of an amount due hereunder or under the Notes or under any judgment or order. * * * * * If you are in agreement with the foregoing, please sign the form of agreement on a counterpart of this Agreement and return it to the Obligors, whereupon this Agreement shall become a binding agreement between you and the Obligors. Very truly yours, CHICAGO BRIDGE & IRON COMPANY (DELAWARE), as the Company By Name: Title: CHICAGO BRIDGE & IRON COMPANY N.V., as the Parent Guarantor By: Chicago Bridge & Iron Company B.V., as its Managing Director By Name: Title: This Agreement is hereby accepted and agreed to as of the date thereof. [VARIATION] By Name: Title: [SCHEDULE A NOT ATTACHED.] SCHEDULE A (to Note Purchase Agreement) DEFINED TERMS As used herein, the following terms have the respective meanings set forth below or set forth in the Section hereof following such term:

Obligation to Make Payment in Dollars. (a) Any payment on account of an amount that is payable hereunder or under the Notes in Dollars which is made to or for the account of any holder of Notes in any other currency, whether as a result of any judgment or order or the enforcement thereof or the realization of any security or the liquidation of either Obligor, shall constitute a discharge of the obligation of each Obligor under this Agreement or the Notes only to the extent of the amount of Dollars which such holder could purchase in the foreign exchange markets in New York, New York, with the amount of such other currency in accordance with normal banking procedures at the rate of exchange prevailing on the Business Day following receipt of the payment first referred to above. If the amount of Dollars that could be so purchased is less than the amount of Dollars originally due to such holder, each Obligor jointly and severally agrees to the fullest extent permitted by law, to indemnify and save harmless such holder from and against all loss or damage arising out of or as a result of such deficiency. This indemnity shall, to the fullest extent permitted by law, constitute an obligation separate and independent from the other obligations contained in this Agreement and the Notes, shall give rise to a separate and independent cause of action, shall apply irrespective of any indulgence granted by such holder from time to time and shall continue in full force and effect notwithstanding any judgment or order for a liquidated sum in respect of an amount due hereunder or under the Notes or under any judgment or order. * * * * * If you are in agreement with the foregoing, please sign the form of agreement on a counterpart of this Agreement and return it to the Obligors, whereupon this Agreement shall become a binding agreement between you and the Obligors. Very truly yours, CHICAGO BRIDGE & IRON COMPANY (DELAWARE), as the Company By Name: Title: CHICAGO BRIDGE & IRON COMPANY N.V., as the Parent Guarantor By: Chicago Bridge & Iron Company B.V., as its Managing Director By Name: Title: This Agreement is hereby accepted and agreed to as of the date thereof. [VARIATION] By Name: Title: [SCHEDULE A NOT ATTACHED.] SCHEDULE A (to Note Purchase Agreement) B DEFINED TERMS As used herein, the following terms have the respective meanings set forth below or set forth in the Section hereof following such term: