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

Obligation to Make Payments in Dollars. (a) The obligation of the Borrower to make payment in Dollars of the principal of and interest and any other amounts due hereunder as provided herein shall not be discharged or satisfied by any tender, or any recovery pursuant to any judgment, which is expressed in or converted into any currency other than Dollars, except to the extent such tender or recovery shall result in the actual receipt by such Lender, Agent or holder of such Note of the full amount of the Dollars expressed to be payable in respect of the principal of and interest on all other amounts due hereunder. If for the purpose of obtaining or enforcing judgment against the Borrower in any court or in any jurisdiction, it becomes necessary to convert into or from any currency other than Dollars (such other currency being hereinafter referred to as the “Judgment Currency”) an amount due in Dollars, the conversion shall be made at the Dollar equivalent thereof (at the exchange rate quoted by the Administrative Agent or if it does not quote a rate of exchange on such currency, by a known dealer in such currency designated by it) determined, in each case, as of the day immediately preceding the day on which the judgment is given (such Business Day being hereinafter referred to as the “Judgment Currency Conversion Date”). (b) If there is a change in the rate of exchange prevailing between the Judgment Currency Conversion Date and the date of actual payment of the amount due, the Borrower covenants and agrees to pay, or cause to be paid, such additional amounts, if any (but in any event not a lesser amount) as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the rate of exchange prevailing on the date of payment, will produce the amount of Dollars that could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial award at the rate of exchange prevailing on the Judgment Currency Conversion Date. (c) For purposes of determining the Dollar equivalent or any other rate of exchange for this Section 12.6, such amounts shall include any premium and costs payable in connection with the purchase of such Dollars.

Obligation to Make Payments in Dollars. (a) The obligation of the Borrower to make payment in Dollars of the principal of and interest and any other amounts due hereunder as provided herein shall not be discharged or satisfied by any tender, or any recovery pursuant to any judgment, which is expressed in or converted into any currency other than Dollars, except to the extent such tender or recovery shall result in the actual receipt by such Lender, Agent the Lender or holder of such Note Check of the full amount of the Dollars expressed to be payable in respect of the principal of and interest on all other amounts due hereunder. If for the purpose of obtaining or enforcing judgment against the Borrower in any court or in any jurisdiction, it becomes necessary to convert into or from any currency other than Dollars (such other currency being hereinafter referred to as the “Judgment Currency”) an amount due in Dollars, the conversion shall be made at the Dollar equivalent thereof (at the exchange rate quoted by the Administrative Agent Lender or if it does not quote a rate of exchange on such currency, by a known dealer in such currency designated by it) determined, in each case, as of the day immediately preceding the day on which the judgment is given (such Business Day being hereinafter referred to as the “Judgment Currency Conversion Date”). (b) If there is a change in the rate of exchange prevailing between the Judgment Currency Conversion Date and the date of actual payment of the amount due, the Borrower covenants and agrees to pay, or cause to be paid, such additional amounts, if any (but in any event not a lesser amount) as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the rate of exchange prevailing on the date of payment, will produce the amount of Dollars that could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial award at the rate of exchange prevailing on the Judgment Currency Conversion Date. (c) For purposes of determining the Dollar equivalent or any other rate of exchange for this Section 12.611.6, such amounts shall include any premium and costs payable in connection with the purchase of such Dollars.

Obligation to Make Payments in Dollars. (a) The obligation Except as otherwise expressly provided herein, all payments made by theCompany under this Agreement or the Notes shall be in Dollars and the obligations of the Borrower Company to make payment payments in Dollars of any of its obligations under this Agreement or the principal of and interest and any other amounts due hereunder as provided herein Notes shall not be discharged or satisfied by any tender, or any recovery pursuant to any judgment, which is expressed in or converted into any currency other than Dollars, except to the extent such tender or recovery shall result in the actual receipt by such Lender, Agent or the applicable holder of such Note of the full amount of the Dollars expressed to be payable in respect of the principal of and interest on all other amounts due hereunder. any such obligations. (b) If for the purpose of obtaining or enforcing judgment against the Borrower in any court or in it is necessary for any jurisdiction, it becomes necessary Noteholder to convert into a sum due hereunder or from any currency other than under the Notes in Dollars (such other the "Original Currency") into another currency being hereinafter referred to as (the “Judgment "Other Currency”) an amount due in Dollars"), the conversion shall be made at Company agrees, to the Dollar equivalent thereof (at the exchange rate quoted extent permitted by the Administrative Agent or if it does not quote a rate of exchange on such currencyapplicable law, by a known dealer in such currency designated by it) determined, in each case, as of the day immediately preceding the day on which the judgment is given (such Business Day being hereinafter referred to as the “Judgment Currency Conversion Date”). (b) If there is a change in that the rate of exchange prevailing between used shall be that at which in accordance with normal banking procedures such Noteholder could purchase the Judgment Original Currency Conversion Date and with the date of actual payment of the amount due, the Borrower covenants and agrees to pay, or cause to be paid, such additional amounts, if any (but in any event not a lesser amount) as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the rate of exchange prevailing Other Currency on the date of payment, will produce the amount of Dollars Business Day preceding that could have been purchased with the amount of Judgment Currency stipulated in the on which final judgment or judicial award at the rate of exchange prevailing on the Judgment Currency Conversion Dateis given. (c) For purposes The obligations of determining the Dollar equivalent or Company in respect of any other rate sum due from it to any Noteholder hereunder shall, notwithstanding any judgment in such Other Currency, be discharged only to the extent that on the Business Day following receipt by such Noteholder of exchange for this Section 12.6any sum adjudged to be so due in the Other Currency such Noteholder may in accordance with normal banking procedures purchase the Original Currency with the Other Currency. If the amount of the Original Currency so purchased is less than the sum originally due to such holder in the Original Currency, the Company agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Noteholder on an after-tax basis (taking into account all Taxes) against such loss, and if the amount of the Original Currency so purchased exceeds the sum originally due to such Noteholder in the Original Currency, such amounts Noteholder shall include any premium and costs payable in connection with remit to the purchase of Company such Dollarsexcess.

Obligation to Make Payments in Dollars. (a) The obligation of the Borrower to make payment in Dollars of the principal of and interest and any other amounts due hereunder as provided herein shall not be discharged or satisfied by any tender, or any recovery pursuant to any judgment, which is expressed in or converted into any currency other than Dollars, except to the extent such tender or recovery shall result in the actual receipt by such Lender, Agent the Lender or holder of such Note of the full amount of the Dollars expressed to be payable in respect of the principal of and interest on all other amounts due hereunder. If for the purpose of obtaining or enforcing judgment against the Borrower in any court or in any jurisdiction, it becomes necessary to convert into or from any currency other than Dollars (such other currency being hereinafter referred to as the “Judgment Currency”) an amount due in Dollars, the conversion shall be made at the Dollar equivalent thereof (at the exchange rate quoted by the Administrative Agent Lender or if it does not quote a rate of exchange on such currency, by a known dealer in such currency designated by it) determined, in each case, as of the day immediately preceding the day on which the judgment is given (such Business Day being hereinafter referred to as the “Judgment Currency Conversion Date”). (b) If there is a change in the rate of exchange prevailing between the Judgment Currency Conversion Date and the date of actual payment of the amount due, the Borrower covenants and agrees to pay, or cause to be paid, such additional amounts, if any (but in any event not a lesser amount) as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the rate of exchange prevailing on the date of payment, will produce the amount of Dollars that could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial award at the rate of exchange prevailing on the Judgment Currency Conversion Date. (c) For purposes of determining the Dollar equivalent or any other rate of exchange for this Section 12.611.6, such amounts shall include any premium and costs payable in connection with the purchase of such Dollars.