Common use of Payments; Currency Indemnity Clause in Contracts

Payments; Currency Indemnity. (a) Except to the extent otherwise stated herein, each payment to be made hereunder or on any Note or any Note Guarantee shall be made on the required payment date in Dollars and in immediately available funds in accordance with Section 2.10. (b) Except to the extent otherwise stated, Dollars are the sole currency of payment for all sums payable under or in connection with this Indenture, any Note or any Note Guarantee, including with respect to indemnities. Any amount received or recovered in a currency other than Dollars (whether as a result of, or of the enforcement of, a judgment, decree or order of a court of any jurisdiction, in the winding-up or dissolution of the Issuer or otherwise) in respect of any sum expressed to be due on the Notes, on any Note Guarantee and/or under this Indenture shall only constitute a discharge of such obligation to the extent of the amount of Dollars that the payee of such amounts due is able to purchase in accordance with normal banking or other normal currency exchange procedures with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable to make that purchase on that date, on the first date on which it is practicable to do so). If such amount of Dollars is more than the amount expressed to be due on the Notes, on any Note Guarantee and/or under this Indenture, if applicable, then the payee shall reimburse such excess to the payor. If such amount of Dollars is less than the amount expressed to be due on the Notes, on any Note Guarantee and/or under this Indenture, if applicable, then the payor shall indemnify the payee of such amounts against any loss sustained by it as a result. In any event, the payor shall indemnify the payee of such amounts against the cost of making any such purchase. For the purposes of this Section 10.1(b), in the event the payee finds it impracticable to make a purchase on the date it receives the payment in a currency other than in Dollars, it will be sufficient for the payee of such amounts to certify in a reasonable manner (indicating the sources of information used) that it would have suffered a loss had an actual purchase of Dollars been made with the amount so received in such other currency on the date of receipt or recovery. These indemnities constitute a separate and independent obligation from the other obligations hereunder, shall give rise to a separate and independent cause of action, shall apply irrespective of any indulgence granted by such payee and shall continue in full force and effect despite any other judgment, order, claim or proof for a liquidated amount in respect of any amount due hereunder or under any Note, any Note Guarantee and/or under this Indenture.

Payments; Currency Indemnity. (a) Except to the extent otherwise stated hereinin this Agreement, each payment to be made hereunder or on by any Note or any Note Guarantee party hereto shall be made on the required payment date in Dollars the applicable currency and in immediately available funds at the office of the payee set forth in accordance with Section 2.105.8 or to such other office or account as may be specified by the payee thereof in a notice to the payor thereof. (b) Except to the extent otherwise statedstated in this Agreement, Dollars (or, with respect to any Series issued in a currency other than Dollars, each such other currency) (the “Applicable Currency”) are the sole currency of account and payment for all sums payable under or in connection with this Indenture, any Note or any Note GuaranteeAgreement, including with respect to indemnitiesdamages. Any amount received or recovered in a currency other than Dollars the Applicable Currency (whether as a result of, or of in the enforcement of, a judgment, decree judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the Issuer Servicer or otherwise) (such other currency, the “Judgment Currency”) by any Person in respect of any sum expressed to be due on the Notes, on any Note Guarantee and/or under this Indenture to it shall only constitute a discharge by the payor thereof of such obligation its obligations to the extent of the amount of Dollars Applicable Currency that the such payee of such amounts due is able to purchase in accordance with normal banking or other normal currency exchange procedures with the amount so received or recovered in that other currency such Judgment Currency on the date of that receipt or recovery (or, if it is not practicable to make that such purchase on that such date, on the first date on which it is practicable to do so). If such the amount of Dollars is more than the amount expressed to be due on the Notes, on any Note Guarantee and/or under this Indenture, if applicable, then the payee shall reimburse such excess to the payor. If such amount of Dollars Applicable Currency is less than the amount expressed to be due on the Notes, on any Note Guarantee and/or under this Indenture, if applicableto such Person, then the such payor shall indemnify the payee of such amounts it against any loss sustained by it as a result. In any event, such payor (other than the payor Indenture Trustee) shall indemnify the such payee of such amounts against the cost of making any such purchase. For the purposes of this Section 10.1(b), in the event the payee finds it impracticable to make a purchase on the date it receives the payment in a currency other than in DollarsSection, it will be sufficient for the such payee of such amounts to certify in a reasonable manner (indicating the sources of information used) that it would have suffered a loss had an actual purchase of Dollars the Applicable Currency been made with the amount so received in such other currency Judgment Currency on the date of receipt or recoveryrecovery (or, if a purchase of the Applicable Currency on such date had not been practicable, on the first date on which it would have been practicable, it being required that the need for a change of date be certified in the manner mentioned above). These indemnities constitute a separate and independent obligation from the each party’s other obligations hereunder, shall give rise to a separate and independent cause of action, shall apply irrespective of any indulgence granted by such payee and shall continue in full force and effect despite any other judgment, order, claim or proof for a liquidated amount in respect of any amount sum due hereunder or under any Note, any Note Guarantee and/or under this Indenturehereunder.

Payments; Currency Indemnity. (a) Except to the extent otherwise stated hereinstated, each payment to be made hereunder by either the SPC or on any Note or any Note Guarantee the Bank shall be made on the required payment date in Dollars the Applicable Currency and in immediately available funds at the office of the payee set forth in accordance with Section 2.108.9 or to such other office or account as may be specified by either party in a notice to the other party hereto (for the Bank, such payments to be made as indicated in Section 2.2(c)). (b) Except to the extent otherwise stated, Dollars (or, with respect to Series issued in a currency other than Dollars, each such other currency) (the “Applicable Currency”) are the sole currency of account and payment for all sums payable under or in connection with this Indenture, any Note or any Note GuaranteeAgreement, including with respect to indemnitiesdamages. Any amount received or recovered in a currency other than Dollars the applicable currency (whether as a result of, or of in the enforcement of, a judgment, decree judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the Issuer Bank or otherwise) (such other currency, the “Judgment Currency”) by any Person in respect of any sum expressed to be due on the Notes, on any Note Guarantee and/or under this Indenture to it shall only constitute a discharge by the payor thereof of such obligation its obligations to the extent of the amount of Dollars the Applicable Currency that the such payee of such amounts due evidences that it is able to purchase in accordance with normal banking or other normal currency exchange procedures with the amount so received or recovered in that other currency such Judgment Currency on the date of that receipt or recovery (or, if it is not practicable to make that such purchase on that such date, on the first date on which it is practicable to do so). If such the amount of Dollars is more than the amount expressed to be due on the Notes, on any Note Guarantee and/or under this Indenture, if applicable, then the payee shall reimburse such excess to the payor. If such amount of Dollars Applicable Currency is less than the amount expressed to be due on the Notesto such Person, on any Note Guarantee and/or under this Indenture, if applicable, then the such payor shall indemnify the payee of such amounts it against any loss sustained by it as a result. In any event, the such payor shall indemnify the such payee of such amounts against the cost of making any such purchase. For the purposes of this Section 10.1(b), in the event the payee finds it impracticable to make a purchase on the date it receives the payment in a currency other than in DollarsSection, it will be sufficient for the such payee of such amounts to certify in a reasonable manner (indicating the sources of information used) that it would have suffered a loss had an actual purchase of Dollars the Applicable Currency been made with the amount so received in such other currency Judgment Currency on the date of receipt or recoveryrecovery (or, if a purchase of the Applicable Currency on such date had not been practicable, on the first date on which it would have been practicable, it being required that the need for a change of date be certified in the manner mentioned above). These indemnities constitute a separate and independent obligation from the each party’s other obligations hereunder, shall give rise to a separate and independent cause of action, shall apply irrespective of any indulgence granted by such payee and shall continue in full force and effect despite any other judgment, order, claim or proof for a liquidated amount in respect of any amount sum due hereunder or under any Note, any Note Guarantee and/or under this Indenturehereunder.

Payments; Currency Indemnity. (a) Except to the extent otherwise stated herein, each payment to be made hereunder or on any Note or any Note Guarantee shall be made on the required payment date in Dollars and in immediately available funds in accordance with Section 2.10. (b) Except to the extent otherwise stated, Dollars U.S. dollars are the sole currency of account and payment for all sums payable under or in connection with this Indenture, any the Notes or the Note or any Note Guarantee, including with respect to indemnitiesGuarantees. Any amount received or recovered in a currency other than Dollars U.S. dollars (whether as a result of, or of the enforcement of, a judgment, decree judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the Issuer Issuer, any Subsidiary or otherwise) in respect of any sum expressed to be due on the Notes, on any Note Guarantee and/or Notes and under this Indenture shall only constitute a discharge of such obligation obligation, to the greatest extent permitted under applicable law, to the extent of the U.S. dollar amount of Dollars that which the payee of such amounts due recipient is able to purchase in accordance with normal banking or other normal currency exchange procedures with the amount so received or recovered in that other currency on the date of that such receipt or recovery (or, if it is not practicable to make that the purchase on that date, on the first date on which it is practicable to do so). If such the U.S. dollar amount of Dollars is more less than the U.S. dollar amount expressed to be due on to the Notes, on any Note Guarantee and/or recipient under this Indenture, if applicablethe Notes or the Note Guarantees, then the payee shall reimburse such excess to the payor. If such amount of Dollars is less than the amount expressed to be due on the Notesgreatest extent permitted under applicable law, on any Note Guarantee and/or under this Indenture, if applicable, then the payor shall indemnify and hold harmless the payee of such amounts recipient against any loss sustained by it as a resultin making any such purchase. In any event, the payor shall indemnify the payee of such amounts against the cost of making any such purchasepurchase of U.S. dollars. For the purposes of this Section 10.1(b), in the event the payee finds it impracticable to make a purchase on the date it receives the payment in a currency other than in Dollars10.1, it will shall be sufficient for the payee of such amounts to certify in a reasonable satisfactory manner (indicating the sources of information used) that it would have suffered a loss had an actual purchase of Dollars U.S. dollars been made with the amount so received in such that other currency on the date of receipt or recovery. These recovery (or, if a purchase of U.S. dollars on such date had not been practicable, on the first date on which it would have been practicable) and that the change of the purchase date was needed. (b) The indemnities contained in this Section 10.1, to the extent permitted by law: (i) constitute a separate and independent obligation from the other obligations hereunder, under this Indenture and the Notes; (ii) shall give rise to a separate and independent cause of action, ; (iii) shall apply irrespective of any indulgence granted by such payee payee; and (iv) shall continue in full force and effect despite notwithstanding any other judgment, order, claim or proof for a liquidated amount in respect of any amount sum due hereunder or under any Notethis Indenture, any Note Guarantee and/or under this Indentureor any Note Guarantee.

Payments; Currency Indemnity. (a) Except to the extent otherwise stated herein, each payment to be made hereunder or on any Note or any Note Guarantee shall be made on the required payment date in Dollars and in immediately available funds at the office of the Trustee specified in accordance with Section 2.10‎Section 11.6 or to such other office or account as may be specified by any party in a notice to the applicable sender of such payment. (b) Except to the extent otherwise stated, Dollars are the sole currency of payment for all sums payable by the Issuer or the Note Guarantor under or in connection with this Indenture, any Note Indenture or any Note GuaranteeNote, including with respect to indemnities. Any amount received or recovered in a currency other than Dollars (whether as a result of, or of the enforcement of, a judgment, decree or order of a court of any jurisdiction, in the winding-up or dissolution of the Issuer or otherwise) in respect of any sum expressed to be due on the Notes, on any Note Guarantee and/or Notes and under this Indenture shall only constitute a discharge of such obligation to the extent of the amount of Dollars that the payee of such amounts due is able to purchase in accordance with normal banking or other normal currency exchange procedures with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable to make that purchase on that date, on the first date on which it is practicable to do so). If such amount of Dollars is more than the amount expressed to be due on the Notes, on any Note Guarantee and/or Notes or under this Indenture, if applicable, then the payee shall reimburse such excess to the payorIssuer or Note Guarantor. If such amount of Dollars is less than the amount expressed to be due on the Notes, on any Note Guarantee and/or Notes or under this Indenture, if applicable, then the payor Issuer or Note Guarantor shall indemnify the payee of such amounts against any loss sustained by it as a result. In any event, the payor Issuer or Note Guarantor shall indemnify the payee of such amounts against the cost of making any such purchase. For the purposes of this Section 10.1(b11.1(b), in the event the payee finds it impracticable to make a purchase on the date it receives the payment in a currency other than in Dollars, it will be sufficient for the payee of such amounts to certify in a reasonable manner (indicating the sources of information used) that it would have suffered a loss had an actual purchase of Dollars been made with the amount so received in such other currency on the date of receipt or recovery. These indemnities constitute a separate and independent obligation from the other obligations hereunder, shall give rise to a separate and independent cause of action, shall apply irrespective of any indulgence granted by such payee and shall continue in full force and effect despite any other judgment, order, claim or proof for a liquidated amount in respect of any amount due hereunder or under any Note, any Note Guarantee and/or under this Indenture.

Payments; Currency Indemnity. (a) Except to the extent otherwise stated herein, each payment to be made hereunder or on any Note or any Note Guarantee shall be made on the required payment date in Dollars and in immediately available funds in accordance with Section 2.10. (b) Except to the extent otherwise stated, Dollars U.S. dollars are the sole currency of account and payment for all sums payable under or in connection with this Indenture, any the Notes or the Note or any Note Guarantee, including with respect to indemnitiesGuarantees. Any amount received or recovered in a currency other than Dollars U.S. dollars (whether as a result of, or of the enforcement of, a judgment, decree judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the Issuer Issuer, any Subsidiary or otherwise) in respect of any sum expressed to be due on the Notes, on any Note Guarantee and/or Notes and under this Indenture shall only constitute a discharge of such obligation obligation, to the greatest extent permitted under applicable law, to the extent of the U.S. dollar amount of Dollars that which the payee of such amounts due recipient is able to purchase in accordance with normal banking or other normal currency exchange procedures with the amount so received or recovered in that other currency on the date of that such receipt or recovery (or, if it is not practicable to make that the purchase on that date, on the first date on which it is practicable to do so). If such the U.S. dollar amount of Dollars is more less than the U.S. dollar amount expressed to be due on to the Notes, on any Note Guarantee and/or recipient under this Indenture, if applicablethe Notes or the Note Guarantees, then the payee shall reimburse such excess to the payor. If such amount of Dollars is less than the amount expressed to be due on the Notesgreatest extent permitted under applicable law, on any Note Guarantee and/or under this Indenture, if applicable, then the payor shall indemnify and hold harmless the payee of such amounts recipient against any loss sustained by it as a resultin making any such purchase. In any event, the payor shall indemnify the payee of such amounts against the cost of making any such purchasepurchase of U.S. dollars. For the purposes of this Section 10.1(b), in the event the payee finds it impracticable to make a purchase on the date it receives the payment in a currency other than in Dollars‎Section 10.1, it will shall be sufficient for the payee of such amounts to certify in a reasonable satisfactory manner (indicating the sources of information used) that it would have suffered a loss had an actual purchase of Dollars U.S. dollars been made with the amount so received in such that other currency on the date of receipt or recovery. These recovery (or, if a purchase of U.S. dollars on such date had not been practicable, on the first date on which it would have been practicable) and that the change of the purchase date was needed. (b) The indemnities contained in this ‎Section 10.1, to the extent permitted by law: (i) constitute a separate and independent obligation from the other obligations hereunder, under this Indenture and the Notes; (ii) shall give rise to a separate and independent cause of action, ; (iii) shall apply irrespective of any indulgence granted by such payee payee; and (iv) shall continue in full force and effect despite notwithstanding any other judgment, order, claim or proof for a liquidated amount in respect of any amount sum due hereunder or under any Notethis Indenture, any Note Guarantee and/or under this Indentureor any Note Guarantee.

Payments; Currency Indemnity. (a) Except to the extent otherwise stated herein, each payment to be made hereunder or on any New Note or any Note Guarantee shall be made on the required payment date in Dollars and in immediately available funds at the office of the Trustee specified in accordance with Section 2.1011.6 or to such other office or account as may be specified by any party in a notice to the applicable sender of such payment. (b) Except to the extent otherwise stated, Dollars are the sole currency of payment for all sums payable under or in connection with this Indenture, any Note Indenture or any Note GuaranteeNew Note, including with respect to indemnities. Any amount received or recovered in a currency other than Dollars (whether as a result of, or of the enforcement of, a judgment, decree or order of a court of any jurisdiction, in the winding-up or dissolution of the Issuer or otherwise) in respect of any sum expressed to be due on the Notes, on any Note Guarantee and/or New Notes and under this Indenture shall only constitute a discharge of such obligation to the extent of the amount of Dollars that the payee of such amounts due is able to purchase in accordance with normal banking or other normal currency exchange procedures with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable to make that purchase on that date, on the first date on which it is practicable to do so). If such amount of Dollars is more than the amount expressed to be due on the Notes, on any Note Guarantee and/or New Notes or under this Indenture, if applicable, then the payee shall reimburse such excess to the payor. If such amount of Dollars is less than the amount expressed to be due on the Notes, on any Note Guarantee and/or New Notes or under this Indenture, if applicable, then the payor shall indemnify the payee of such amounts against any loss sustained by it as a result. In any event, the payor shall indemnify the payee of such amounts against the cost of making any such purchase. For the purposes of this Section 10.1(b11.1(b), in the event the payee finds it impracticable to make a purchase on the date it receives the payment in a currency other than in Dollars, it will be sufficient for the payee of such amounts to certify in a reasonable manner (indicating the sources of information used) that it would have suffered a loss had an actual purchase of Dollars been made with the amount so received in such other currency on the date of receipt or recovery. These indemnities constitute a separate and independent obligation from the other obligations hereunder, shall give rise to a separate and independent cause of action, shall apply irrespective of any indulgence granted by such payee and shall continue in full force and effect despite any other judgment, order, claim or proof for a liquidated amount in respect of any amount due hereunder or under any New Note, any Note Guarantee and/or under this Indenture.

Payments; Currency Indemnity. (a) Except to the extent otherwise stated herein, each payment to be made hereunder or on any Note or any Note Guarantee shall be made on the required payment date in Dollars and in immediately available funds in accordance with Section 2.10. (b) Except to the extent otherwise stated, Dollars U.S. dollars are the sole currency of account and payment for all sums payable under or in connection with this Indenture, any the Notes, the Note Guarantees, the Intercreditor Agreement or any Note Guarantee, including with respect to indemnitiesthe Security Agreements. Any amount received or recovered in a currency other than Dollars U.S. dollars (whether as a result of, or of the enforcement of, a judgment, decree judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the Issuer Issuer, any Subsidiary or otherwise) in respect of any sum expressed to be due on the Notes, on any Note Guarantee and/or Notes and under this Indenture shall only constitute a discharge of such obligation obligation, to the greatest extent permitted under applicable law, to the extent of the U.S. dollar amount of Dollars that which the payee of such amounts due recipient is able to purchase in accordance with normal banking or other normal currency exchange procedures with the amount so received or recovered in that other currency on the date of that such receipt or recovery (or, if it is not practicable to make that the purchase on that date, on the first date on which it is practicable to do so). If such the U.S. dollar amount of Dollars is more less than the U.S. dollar amount expressed to be due on to the Notes, on any Note Guarantee and/or recipient under this Indenture, if applicable, then the payee shall reimburse such excess to the payor. If such amount of Dollars is less than the amount expressed to be due on the Notes, on any the Note Guarantee and/or Guarantees, the Intercreditor Agreement or the Security Agreements, to the greatest extent permitted under this Indentureapplicable law, if applicable, then the payor shall indemnify and hold harmless the payee of such amounts recipient against any loss sustained by it as a resultin making any such purchase. In any event, the payor shall indemnify the payee of such amounts against the cost of making any such purchasepurchase of U.S. dollars. For the purposes of this Section 10.1(b), in the event the payee finds it impracticable to make a purchase on the date it receives the payment in a currency other than in Dollars12.1, it will shall be sufficient for the payee of such amounts to certify in a reasonable satisfactory manner (indicating the sources of information used) that it would have suffered a loss had an actual purchase of Dollars U.S. dollars been made with the amount so received in such that other currency on the date of receipt or recovery. These recovery (or, if a purchase of U.S. dollars on such date had not been practicable, on the first date on which it would have been practicable) and that the change of the purchase date was needed. (a) The indemnities contained in this Section 12.1, to the extent permitted by law: (i) constitute a separate and independent obligation from the other obligations hereunder, under this Indenture and the Notes; (ii) shall give rise to a separate and independent cause of action, ; (iii) shall apply irrespective of any indulgence granted by such payee payee; and (iv) shall continue in full force and effect despite notwithstanding any other judgment, order, claim or proof for a liquidated amount in respect of any amount sum due hereunder or under this Indenture, any Note, the Intercreditor Agreement, Security Agreement or any Note Guarantee and/or under this IndentureGuarantee.

Payments; Currency Indemnity. (a) Except to the extent otherwise stated hereinstated, each payment to be made hereunder or on any Note or any Note Guarantee shall be made on the required payment date Payment Date solely and exclusively in Dollars and in immediately available funds at the office of the payee specified in accordance with Section 2.1010.07 or to such other office or account as may be specified by any party in a notice to the applicable sender of such payment. (b) Except to the extent otherwise stated, Dollars are the sole currency of account and payment for all sums payable under or in connection with this Indenture, any Note Indenture or any Note GuaranteeNote, including with respect to indemnities. Any amount received or recovered in a currency other than Dollars (whether as a result of, or of the enforcement of, a judgment, decree or order of a court of any jurisdiction, in the winding-up or dissolution of the Issuer or otherwise) in respect of any sum expressed to be due on the Notes, on any Note Guarantee and/or Notes and under this Indenture shall only constitute a discharge of such obligation to the extent of the amount of Dollars that the payee of such amounts due is able to purchase in accordance with normal banking or other normal currency exchange procedures with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable to make that purchase on that date, on the first date on which it is practicable to do so). If such amount of Dollars is more than the amount expressed to be due on the Notes, on any Note Guarantee and/or under this Indenture, if applicable, then the payee shall reimburse such excess to the payor. If such amount of Dollars is less than the amount expressed to be due on the Notes, on any Note Guarantee and/or Notes or under this Indenture, if applicable, then the payor shall indemnify the payee of such amounts against any loss sustained by it as a result. In any event, the payor shall indemnify the payee of such amounts against the cost of making any such purchase. If such amount is more than the amount expressed to be due on the Notes or under this Indenture, then the payee will promptly remit the excess to the Principal Paying Agent who, in turn, will remit such amount to payor. For the purposes of this Section 10.1(b10.01(b), in the event the payee finds it impracticable to make a purchase on the date it receives the payment in a currency other than in Dollars, it will be sufficient for the payee of such amounts to certify in a reasonable manner (indicating the sources of information used) that it would have suffered a loss had an actual purchase of Dollars been made with the amount so received in such other currency on the date of receipt or recoveryrecovery (or, if a purchase of Dollars on such date had not been practicable, on the first date on which it would have been practicable, it being required that the need for a change of date be certified in the manner mentioned above). These indemnities constitute a separate and independent obligation from the other obligations hereunder, shall give rise to a separate and independent cause of action, shall apply irrespective of any indulgence or waiver granted by such payee and shall continue in full force and effect despite any other judgment, order, claim or proof for a liquidated amount in respect of any amount due hereunder or under any Note, any Note Guarantee and/or under this Indenture.

Payments; Currency Indemnity. (a) Except to the extent otherwise stated hereinin this Servicing Agreement (including, without limitation, Section 3.1(a) hereof), each payment to be made hereunder or on by any Note or any Note Guarantee party hereto shall be made on the required payment date in Dollars the applicable currency and in immediately available funds at the office of the payee set forth in accordance with Section 2.105.8 hereof or to such other office or account as may be specified by the payee thereof in a notice to the payor thereof. (b) Except to the extent otherwise statedstated in this Servicing Agreement, Dollars are the sole currency of account and payment for all sums payable under or in connection with this Indenture, any Note or any Note GuaranteeServicing Agreement, including with respect to indemnitiesdamages. Any amount received or recovered in a currency other than Dollars (whether as a result of, or of in the enforcement of, a judgment, decree judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the Issuer Servicer or otherwise) (such other currency, the “Judgment Currency”) by any Person in respect of any sum expressed to be due on the Notes, on any Note Guarantee and/or under this Indenture to it shall only constitute a discharge by the payor thereof of such obligation its obligations to the extent of the amount of Dollars that the such payee of such amounts due is able to purchase in accordance with normal banking or other normal currency exchange procedures with the amount so received or recovered in that other currency such Judgment Currency on the date of that receipt or recovery (or, if it is not practicable to make that such purchase on that such date, on the first date on which it is practicable to do so). If such amount of Dollars is more than the amount expressed to be due on the Notes, on any Note Guarantee and/or under this Indenture, if applicable, then the payee shall reimburse such excess to the payor. If such amount of Dollars is less than the amount expressed to be due on the Notes, on any Note Guarantee and/or under this Indenture, if applicableto such Person, then the such payor shall indemnify the payee of such amounts it against any loss sustained by it as a result. In any event, the such payor shall indemnify the such payee of such amounts against the cost of making any such purchase. For the purposes of this Section 10.1(b), in the event the payee finds it impracticable to make a purchase on the date it receives the payment in a currency other than in DollarsSection, it will be sufficient for the such payee of such amounts to certify in a reasonable manner (indicating the sources of information used) that it would have suffered a loss had an actual purchase of Dollars been made with the amount so received in such other currency Judgment Currency on the date of receipt or recoveryrecovery (or, if a purchase of Dollars on such date had not been practicable, on the first date on which it would have been practicable, it being required that the need for a change of date be certified in the manner mentioned above). These indemnities constitute a separate and independent obligation from the each party’s other obligations hereunder, shall give rise to a separate and independent cause of action, shall apply irrespective of any indulgence granted by such payee and shall continue in full force and effect despite any other judgment, order, claim or proof for a liquidated amount in respect of any amount sum due hereunder or under any Note, any Note Guarantee and/or under this Indenturehereunder.

Payments; Currency Indemnity. (a) Except to the extent otherwise stated herein, each payment to be made hereunder or on any Note or any Note Guarantee shall be made on the required payment date in Dollars and in immediately available funds at the office of the Trustee specified in accordance with Section 2.1010.6 or to such other office or account as may be specified by any party in a notice to the applicable sender of such payment. (b) Except to the extent otherwise stated, Dollars are the sole currency of payment for all sums payable under or in connection with this Indenture, any Note Indenture or any Note GuaranteeNote, including with respect to indemnities. Any amount received or recovered in a currency other than Dollars (whether as a result of, or of the enforcement of, a judgment, decree or order of a court of any jurisdiction, in the winding-up or dissolution of the Issuer or otherwise) in respect of any sum expressed to be due on the Notes, on any Note Guarantee and/or Notes and under this Indenture shall only constitute a discharge of such obligation to the extent of the amount of Dollars that the payee of such amounts due is able to purchase in accordance with normal banking or other normal currency exchange procedures with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable to make that purchase on that date, on the first date on which it is practicable to do so). If such amount of Dollars is more than the amount expressed to be due on the Notes, on any Note Guarantee and/or Notes or under this Indenture, if applicable, then the payee shall reimburse such excess to the payor. If such amount of Dollars is less than the amount expressed to be due on the Notes, on any Note Guarantee and/or Notes or under this Indenture, if applicable, then the payor shall indemnify the payee of such amounts against any loss sustained by it as a result. In any event, the payor shall indemnify the payee of such amounts against the cost of making any such purchase. For the purposes of this Section 10.1(b), in the event the payee finds it impracticable to make a purchase on the date it receives the payment in a currency other than in Dollars, it will shall be sufficient for the payee of such amounts to certify in a reasonable manner (indicating the sources of information used) that it would have suffered a loss had an actual purchase of Dollars been made with the amount so received in such other currency on the date of receipt or recovery. These indemnities constitute a separate and independent obligation from the other obligations hereunder, shall give rise to a separate and independent cause of action, shall apply irrespective of any indulgence granted by such payee and shall continue in full force and effect despite any other judgment, order, claim or proof for a liquidated amount in respect of any amount due hereunder or under any Note, any Note Guarantee and/or under this Indenture.

Payments; Currency Indemnity. (a) Except to the extent otherwise stated hereinstated, each payment to be made hereunder hereunder, under any Indenture Supplement or on any Note or any Note Guarantee shall be made on the required payment date in Dollars the applicable currency and in immediately available funds at the office of the payee set forth in accordance with Section 2.1012.9 or to such other office or account as may be specified by any party in a notice to the applicable sender of such payment. (b) Except Dollars and, with respect to any Series issued in a currency other than Dollars, each such other currency (the extent otherwise stated, Dollars “Applicable Currency”) are the sole currency of account and payment for all sums payable under or in connection with this Indenture, any Note Indenture Supplement or any Note GuaranteeNote, including with respect to indemnities. Any amount received or recovered in a currency other than Dollars the Applicable Currency (whether as a result of, or of the enforcement of, a judgment, decree judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the Issuer SPC or otherwise) (such other currency, the “Judgment Currency”) in respect of any sum expressed to be due on the Notes, on any Note Guarantee and/or Notes and under this Indenture or any Indenture Supplement shall only constitute a discharge of such obligation to the extent of the amount of Dollars the Applicable Currency that the payee of such amounts due is able to purchase in accordance with normal banking or other normal currency exchange procedures with the amount so received or recovered in that other currency the Judgment Currency on the date of that receipt or recovery (or, if it is not practicable to make that purchase on that date, on the first date on which it is practicable to do so). If such amount of Dollars is more than the amount expressed to be due on the Notes, on any Note Guarantee and/or under this Indenture, if applicable, then the payee shall reimburse such excess to the payor. If such amount of Dollars Applicable Currency is less than the amount expressed to be due on the Notes, on any Note Guarantee and/or under this Indenture, if applicableIndenture or any applicable Indenture Supplement, then the payor shall indemnify the payee of such amounts against any loss sustained by it as a result. In any event, the payor shall indemnify the payee of such amounts against the cost of making any such purchase. For the purposes of this Section 10.1(b), in the event the payee finds it impracticable to make a purchase on the date it receives the payment in a currency other than in Dollarsparagraph, it will be sufficient for the payee of such amounts to certify in a reasonable manner (indicating the sources of information used) that it would have suffered a loss had an actual purchase of Dollars the Applicable Currency been made with the amount so received in such other currency the Judgment Currency on the date of receipt or recoveryrecovery (or, if a purchase of the Applicable Currency on such date had not been practicable, on the first date on which it would have been practicable, it being required that the need for a change of date be certified in the manner mentioned above). These indemnities constitute a separate and independent obligation from the other obligations hereunder, shall give rise to a separate and independent cause of action, shall apply irrespective of any indulgence granted by such payee and shall continue in full force and effect despite any other judgment, order, claim or proof for a liquidated amount in respect of any amount due hereunder hereunder, under any applicable Indenture Supplement or under any Note, any Note Guarantee and/or under this Indenture.