Payments Generally Agents Clawback Sample Clauses

Payments Generally Agents Clawback. (a) All payments to be made by the Borrower shall be made free and clear of and without condition or deduction for any counterclaim, defense, recoupment or setoff. Except as otherwise expressly provided herein and except with respect to an Approved Foreign Currency, all payments by the Borrower hereunder shall be made to the Administrative Agent, for the account of the respective Lenders to which such payment is owed, at the applicable Administrative Agent’s Office for Dollar-denominated payments and in Same Day Funds not later than 1:00 p.m. New York City time on the date specified herein. Except as otherwise expressly provided herein, all payments by the Borrower hereunder in an Approved Foreign Currency shall be made to the Administrative Agent, for the account of the respective Lenders to which such payment is owed, at the applicable Administrative Agent’s Office in such Approved Foreign Currency and in Same Day Funds not later than 2:00 p.m. (London time) (or, if earlier, 9:00 a.m. New York city time) on the dates specified herein. If, for any reason, the Borrower is prohibited by any Law from making any required payment hereunder in an Approved Foreign Currency, the Borrower shall make such payment in Dollars in an amount equal to the Dollar Equivalent of such Approved Foreign Currency payment amount. The Administrative Agent will promptly distribute to each Appropriate Lender its Pro Rata Share (or other applicable share as provided herein) of such payment in like funds as received by wire transfer to such Lender’s applicable Lending Office. All payments received by the Administrative Agent after the time specified above shall in each case be deemed received on the next succeeding Business Day and any applicable interest or fee shall continue to accrue.
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Payments Generally Agents Clawback. (a) All payments to be made by Borrower shall be made without condition or deduction for any counterclaim, defense, recoupment or setoff. Except as otherwise expressly provided herein, all payments by Borrower hereunder shall be made to Agent, for the account of the respective Banks to which such payment is owed, at the Agent's office in Dollars and in immediately available funds not later than 12:00 noon on the date specified herein. Agent will promptly distribute to each Bank its Commitment Percentage (or other applicable share as provided herein) of such payment in like funds as received by wire transfer. All payments received by Agent after 12:00 noon shall be deemed received on the next succeeding Business Day and any applicable interest or fee shall continue to accrue. If any payment to be made by Borrower shall come due on a day other than a Business Day, payment shall be made on the next following Business Day, and such extension of time shall be reflected in computing interest or fees, as the case may be.
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Payments Generally Agents Clawback. (a) All payments to be made by the Borrower shall be made free and clear of and without condition or deduction for any counterclaim, defense, recoupment or setoff. Except as otherwise expressly provided herein, all payments by the Borrower hereunder shall be made to the Administrative Agent, for the account of the respective Lenders to which such payment is owed, at the applicable Administrative Agent’s Office for Dollar-denominated payments and in Same Day Funds not later than 1:00 p.m. New York City time on the date specified herein. The Administrative Agent will promptly distribute to each Appropriate Lender its Pro Rata Share (or other applicable share as provided herein) of such payment in like funds as received by wire transfer to such Lender’s applicable Lending Office. All payments received by the Administrative Agent after the time specified above shall in each case be deemed received on the next succeeding Business Day and any applicable interest or fee shall continue to accrue.
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Payments Generally Agents Clawback. (a) All payments to be made by the Borrowers shall be made without condition or deduction for any counterclaim, defense, recoupment or setoff. Except as otherwise expressly provided herein and except with respect to principal of and interest on Tranche 1 Loans denominated in an Alternative Currency or Tranche 2 Loans, all payments by the Borrowers hereunder shall be made to the Administrative Agent, for the account of the respective Lenders to which such payment is owed, at the applicable Administrative Agent’s Office in U.S. Dollars and in Same Day Funds not later than 11:00 a.m. on the date specified herein. Except as otherwise expressly provided herein, (i) all payments by the Borrowers hereunder with respect to principal and interest on Tranche 1 Loans denominated in an Alternative Currency shall be made to the Administrative Agent, for the account of the respective Tranche 1 Lenders to which such payment is owed, at the applicable Administrative Agent’s Office in such Alternative Currency and in Same Day Funds not later than the Applicable Time specified by the Administrative Agent on the dates specified herein, and (ii) all payments by the Borrowers hereunder with respect to principal and interest on Tranche 2 Loans and other amounts payable to the Tranche 2 Lenders shall be made to the Canadian Facility Agent, for the account of the respective Tranche 2 Lenders to which such payment is owed, at the applicable Canadian Facility Agent’s Office, in Canadian Dollars or U.S. Dollars, as required hereunder, and in Same Day Funds, not later than 11:00 a.m. on the dates specified herein. Without limiting the generality of the foregoing, the Administrative Agent may require that any payments due under this Agreement in respect of the Tranche 1 Loans be made in the United States. If, for any reason, any Borrower is prohibited by any Law from making any required payment hereunder in an Alternative Currency, such Borrower shall make such payment in U.S. Dollars in the U.S. Dollar Equivalent of the Alternative Currency payment amount. The Applicable Agent will promptly distribute to each Lender its Pro Rata Share (or other applicable share as provided herein) of such payment in like funds as received by wire transfer to such Lender’s Lending Office. All payments received by the Administrative Agent (i) after 11:00 a.m., in the case of payments in U.S. Dollars, or (ii) after the Applicable Time specified by the Administrative Agent in the case of payments in an A...
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Payments Generally Agents Clawback. (a) Unless the Agent shall have received notice from a Lender prior to the proposed date of any Loans that such Lender will not Transfer to the Agent such Lender’s share of such Loan, the Agent may assume that such Lender has Transferred such share on such date in accordance with this Agreement and may, in reliance upon such assumption, make available to the Borrower a corresponding amount. In such event, if a Lender has not in fact made its share of the applicable Loan available to the Agent, then the applicable Lender and the Borrower severally agree to pay to the Agent forthwith on demand such corresponding amount in immediately available funds with interest thereon, for each day from and including the date such amount is made available to the Borrower to but excluding the date of payment to the Agent, at the greater of the Federal Funds Effective Rate and a rate determined by the Agent in accordance with banking industry rules on interbank compensation plus any administrative processing or similar fees customarily charged by the Agent in connection with the foregoing. If the Borrower and such Lender shall pay such interest to the Agent for the same or an overlapping period, the Agent shall promptly remit to the Borrower the amount of such interest paid by the Borrower for such period. If such Lender pays its share of the applicable Loan to the Agent, then the amount so paid shall constitute such Lender’s Loan. Any payment by the Borrower shall be without prejudice to any claim the Borrower may have against a Lender that shall have failed to make such payment to the Agent.
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Payments Generally Agents Clawback. 31 2.13 Sharing of Payments by Lenders 32 2.14 Intentionally Omitted. 33 2.15 Intentionally Omitted. 33 2.16 Defaulting Lenders. 33 2.17 Joint and Several Obligations. 34 Article III. TAXES, YIELD PROTECTION AND ILLEGALITY 34 3.01 Taxes. 34 3.02 Illegality 39 3.03 Inability to Determine Rates. 39
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Payments Generally Agents Clawback. 7.1.1 General All payments to be made by the Loan Parties hereunder or any Loan Document shall be made without condition or deduction for any counterclaim, defense, recoupment or setoff. Except as otherwise expressly provided herein, all payments by the Loan Parties hereunder shall be made to Agent, for the account of the respective Lenders to which such payment is owed, at Administrative Agent’s Office in Dollars and in immediately available funds not later than 12:00 noon on the date specified herein. Agent will promptly distribute to each Lender its Applicable Percentage (or other applicable share as provided herein) of such payment in like funds as received by wire transfer to such Lender’s lending office. All payments received by Agent after 12:00 noon shall be deemed received on the next succeeding Business Day and any applicable interest or fee shall continue to accrue. If any payment to be made by any Loan Party shall come due on a day other than a Business Day, payment shall be made on the next following Business Day, and such extension of time shall be reflected in computing interest or fees, as the case may be.
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Payments Generally Agents Clawback. 8482 2.13 Sharing of Payments by Credit Parties 8683 2.14 Settlement Amongst Lenders 8684 2.15 Increase in Commitments. 8784 2.16 Defaulting Lenders. 8986 2.17 Extension of Maturity Date. 9188 ARTICLE III TAXES, YIELD PROTECTION AND ILLEGALITY; APPOINTMENT OF LEAD BORROWER 9491 DB1/ 136748921.3 TABLE OF CONTENTS (continued) Page -ii- 3.01 Taxes. 9491 3.02
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Payments Generally Agents Clawback 
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Related to Payments Generally Agents Clawback

  • Payments Generally Administrative Agents Clawback (a) All payments to be made by the Borrowers shall be made free and clear of and without condition or deduction for any counterclaim, defense, recoupment or setoff. Except as otherwise expressly provided herein and except with respect to principal of and interest on Loans denominated in an Alternative Currency, all payments by the Borrowers hereunder shall be made to the Administrative Agent, for the account of the respective Lenders to which such payment is owed, at the applicable Administrative Agent’s Office in Dollars and in Same Day Funds not later than 2:00 p.m. on the date specified herein. Except as otherwise expressly provided herein, all payments by the Borrowers hereunder with respect to principal and interest on Loans denominated in an Alternative Currency shall be made to the Administrative Agent, for the account of the respective Lenders to which such payment is owed, at the applicable Administrative Agent’s Office in such Alternative Currency and in Same Day Funds not later than the Applicable Time specified by the Administrative Agent on the dates specified herein. Without limiting the generality of the foregoing, the Administrative Agent may require that any payments due under this Agreement be made in the United States. If, for any reason, any Borrower is prohibited by any Law from making any required payment hereunder in an Alternative Currency, such Borrower shall make such payment in Dollars in the Dollar Equivalent of the Alternative Currency payment amount. The Administrative Agent will promptly distribute to each Lender its Applicable Percentage in respect of the applicable Facility (or other applicable share as provided herein) of such payment in like funds as received by wire transfer to such Lender’s Lending Office. All payments received by the Administrative Agent (i) after 2:00 p.m., in the case of payments in Dollars, or (ii) after the Applicable Time specified by the Administrative Agent in the case of payments in an Alternative Currency, shall in each case be deemed received on the next succeeding Business Day and any applicable interest or fee shall continue to accrue. If any payment to be made by any Borrower shall come due on a day other than a Business Day, payment shall be made on the next following Business Day, and such extension of time shall be reflected in computing interest or fees, as the case may be.

  • Payments Generally (a) All payments to be made by the Borrower shall be made without condition or deduction for any counterclaim, defense, recoupment or setoff. Except as otherwise expressly provided herein, all payments by the Borrower hereunder shall be made to the Administrative Agent, for the account of the respective Lenders to which such payment is owed, at the Administrative Agent’s Office in Dollars and in immediately available funds not later than 2:00 p.m. on the date specified herein. The Administrative Agent will promptly distribute to each Lender its Pro Rata Share (or other applicable share as provided herein) of such payment in like funds as received by wire transfer to such Lender’s Lending Office. All payments received by the Administrative Agent after 2:00 p.m. shall be deemed received on the next succeeding Business Day and any applicable interest or fee shall continue to accrue.

  • Payments Generally; Pro Rata Treatment Sharing of Set-offs 40 Section 2.18. Mitigation Obligations; Replacement of Lenders 42 Section 2.19. Additional Borrowers 43 ARTICLE 3

  • Payments Generally; Pro Rata Treatment; Sharing of Set-offs (a) Unless otherwise specified, the Borrower shall make each payment required to be made by it hereunder (whether of principal, interest, fees or reimbursement of Revolving L/C Disbursements, or of amounts payable under Section 2.15, 2.16 or 2.17, or otherwise) prior to 2:00 p.m., New York City time, on the date when due, in immediately available funds, without condition or deduction for any defense, recoupment, set-off or counterclaim. Any amounts received after such time on any date may, in the discretion of the Administrative Agent, be deemed to have been received on the next succeeding Business Day for purposes of calculating interest thereon. All such payments shall be made to the Administrative Agent to the applicable account designated to the Borrower by the Administrative Agent, except payments to be made directly to the applicable Issuing Bank or the applicable Swingline Lender as expressly provided herein and except that payments pursuant to Sections 2.15, 2.16, 2.17 and 9.05 shall be made directly to the Persons entitled thereto. The Administrative Agent shall distribute any such payments received by it for the account of any other Person to the appropriate recipient promptly following receipt thereof. If any payment hereunder shall be due on a day that is not a Business Day, the date for payment shall be extended to the next succeeding Business Day, and, in the case of any payment accruing interest, interest thereon shall be payable for the period of such extension. All payments hereunder of (i) principal or interest in respect of any Loan or (ii) Revolving L/C Reimbursement Obligations shall in each case be made in U.S. Dollars. All payments of other amounts due hereunder or under any other Loan Document shall be made in U.S. Dollars. Any payment required to be made by the Administrative Agent hereunder shall be deemed to have been made by the time required if the Administrative Agent shall, at or before such time, have taken the necessary steps to make such payment in accordance with the regulations or operating procedures of the clearing or settlement system used by the Administrative Agent to make such payment.

  • Payments Generally; Pro Rata Treatment; Sharing of Set offs 76 SECTION 2.20. Mitigation Obligations; Replacement of Lenders 77 SECTION 2.21. Illegality 78 SECTION 2.22. Incremental Commitments 78 SECTION 2.23. Refinancing Term Loans 80 SECTION 2.24. [Reserved] 81 SECTION 2.25. Replacement Revolving Facility Commitments 81 ARTICLE III REPRESENTATIONS AND WARRANTIES SECTION 3.01. Organization; Powers 83 SECTION 3.02. Authorization 83 SECTION 3.03. Enforceability 83 SECTION 3.04. Governmental Approvals 83 Page SECTION 3.05. Financial Statements 84 SECTION 3.06. No Material Adverse Effect 84 SECTION 3.07. Title to Properties; Possession Under Leases 84 SECTION 3.08. Subsidiaries 84 SECTION 3.09. Litigation; Compliance with Laws 85 SECTION 3.10. Federal Reserve Regulations 85 SECTION 3.11. Investment Company Act 85 SECTION 3.12. Use of Proceeds 85 SECTION 3.13. Taxes 85 SECTION 3.14. No Material Misstatements 86 SECTION 3.15. Employee Benefit Plans 86 SECTION 3.16. Environmental Matters 87 SECTION 3.17. Security Documents 87 SECTION 3.18. Location of Real Property and Leased Premises 88 SECTION 3.19. Solvency 88 SECTION 3.20. Labor Matters 88 SECTION 3.21. No Default 89 SECTION 3.22. Intellectual Property; Licenses, Etc. 89 SECTION 3.23. Senior Debt 89 SECTION 3.24. Insurance 89 SECTION 3.25. Anti-Money Laundering 89 SECTION 3.26. Anti-Corruption and Sanctions 89 SECTION 3.27. EEA Financial Institutions 89 ARTICLE IV CONDITIONS OF LENDING SECTION 4.01. All Credit Events 90 SECTION 4.02. First Credit Event 90 ARTICLE V AFFIRMATIVE COVENANTS SECTION 5.01. Existence; Businesses and Properties 93 SECTION 5.02. Insurance 93 SECTION 5.03. Taxes 94 SECTION 5.04. Financial Statements, Reports, etc. 94 SECTION 5.05. Litigation and Other Notices 96 SECTION 5.06. Compliance with Laws 96 SECTION 5.07. Maintaining Records; Access to Properties and Inspections 97 SECTION 5.08. Use of Proceeds 97 SECTION 5.09. Compliance with Environmental Laws 97 SECTION 5.10. Further Assurances; Additional Security 97 SECTION 5.11. Rating 100 ARTICLE VI NEGATIVE COVENANTS SECTION 6.01. Indebtedness 100 SECTION 6.02. Liens 104 SECTION 6.03. Sale and Lease-Back Transactions 108 SECTION 6.04. Investments, Loans and Advances 108 Page SECTION 6.05. Mergers, Consolidations, Sales of Assets and Acquisitions 112 SECTION 6.06. Restricted Payments 114 SECTION 6.07. Transactions with Affiliates 116 SECTION 6.08. Business of Holdings, the Borrower and the Subsidiaries 118 SECTION 6.09. Limitation on Payments and Modifications of Indebtedness; Modifications of Certificate of Incorporation, By-Laws and Certain Other Agreements; etc. 118 SECTION 6.10. Financial Performance Covenant 121 SECTION 6.11. [Reserved] 121 SECTION 6.12. No Other “Designated Senior Debt” 121 SECTION 6.13. Changes in Fiscal Year 121 ARTICLE VII EVENTS OF DEFAULT SECTION 7.01. Events of Default 121 SECTION 7.02. Right to Cure 123 ARTICLE VIII THE AGENTS SECTION 8.01. Appointment 124 SECTION 8.02. Delegation of Duties 124 SECTION 8.03. Exculpatory Provisions 125 SECTION 8.04. Reliance by Agents 125 SECTION 8.05. Notice of Default 126 SECTION 8.06. Non-Reliance on Administrative Agent, Collateral Agent and Other Lenders 126 SECTION 8.07. Indemnification 126 SECTION 8.08. Agents in their Individual Capacity 127 SECTION 8.09. Successor Agents 127 SECTION 8.10. Payments Set Aside 128 SECTION 8.11. Administrative Agent May File Proofs of Claim 128 SECTION 8.12. Collateral and Guaranty Matters 129 SECTION 8.13. Additional Agents 129 SECTION 8.14. Intercreditor Agreements and Collateral Matters 129 SECTION 8.15. Withholding Taxes 129 ARTICLE IX MISCELLANEOUS SECTION 9.01. Notices; Communications 130 SECTION 9.02. Survival of Agreement 131 SECTION 9.03. Effectiveness 131 SECTION 9.04. Successors and Assigns 131 SECTION 9.05. Expenses; Indemnity 135 SECTION 9.06. Right of Set-off 136 SECTION 9.07. Applicable Law 137 SECTION 9.08. Waivers; Amendment 137 SECTION 9.09. Interest Rate Limitation 139 SECTION 9.10. Entire Agreement 140 SECTION 9.11. WAIVER OF JURY TRIAL 140 SECTION 9.12. Severability 140 SECTION 9.13. Counterparts 140 Page SECTION 9.14. Headings 140 SECTION 9.15. Jurisdiction; Consent to Service of Process 141 SECTION 9.16. Confidentiality 142 SECTION 9.17. Platform; Borrower Materials 142 SECTION 9.18. Release of Liens, Guarantees and Pledges 143 SECTION 9.19. Judgment Currency 143 SECTION 9.20. USA PATRIOT Act Notice 143 SECTION 9.21. No Advisory or Fiduciary Responsibility 144 SECTION 9.22. Affiliated Lenders 144 SECTION 9.23. Acknowledgement and Consent to Bail-In of EEA Financial Institutions 145 SECTION 9.24. Flood Matters 145 Exhibits and Schedules Exhibit A Agreed Security Principles Exhibit B Form of Assignment and Acceptance Exhibit C Auction Procedures Exhibit D Form of Borrowing Request/Interest Rate Request Exhibit E Form of Swingline Borrowing Request Exhibit F-1 Form of Non-Debt Fund Affiliate Assignment and Acceptance Exhibit F-2 Form of Debt Fund Affiliate Assignment Notice Exhibit G Form of Guarantee Agreement Exhibit H Form of Collateral Agreement Schedule 1.01A Closing Date Security Documents Schedule 1.01B Subsidiary Loan Parties Schedule 2.01 Closing Date Commitments Schedule 2.01A Amendment No. 3 Effective Date Commitments Schedule 3.01 Organization and Good Standing Schedule 3.04 Governmental Approvals Schedule 3.07(b) Possession under Leases Schedule 3.07(c) Intellectual Property Schedule 3.08(a) Subsidiaries Schedule 3.08(b) Subscriptions Schedule 3.09(a) Litigation Schedule 3.09(b) Compliance with Laws Schedule 3.16 Environmental Matters Schedule 3.20 Labor Matters Schedule 3.22 Intellectual Property Schedule 3.24 Insurance Schedule 4.02(b) Local Counsel Schedule 5.10(h) Certain Collateral Matters Schedule 6.01 Indebtedness Schedule 6.02(a) Liens Schedule 6.04 Investments Schedule 6.07 Transactions with Affiliates Schedule 9.01 Notice Information CREDIT AGREEMENT dated as of April 17, 2013, as amended through November 4, 2016 (this “Agreement”), among EVERTEC INTERMEDIATE HOLDINGS, LLC (formerly known as CARIB HOLDINGS, LLC), a Puerto Rico limited liability company (“Holdings”), EVERTEC GROUP, LLC (formerly known as EVERTEC, LLC), a Puerto Rico limited liability company (“Borrower”), the Lenders party hereto from time to time and JPMORGAN CHASE BANK, N.A., as administrative agent and collateral agent for the Lenders, Swingline Lender and an L/C Issuer.

  • Payments Generally; Pro Rata Treatment; Sharing of Setoffs (a) Each Borrower shall make each payment required to be made by it under any Loan Document (whether of principal, interest, fees, or reimbursement of LC Disbursement or of amounts payable under Section 2.15, 2.16 or 2.17, or otherwise) prior to the time expressly required hereunder or under such other Loan Document for such payment (or, if no such time is expressly required, prior to 2:00 p.m., New York City time), on the date when due, in immediately available funds, without setoff or counterclaim. Any amounts received after such time on any date may, in the discretion of the Administrative Agent, be deemed to have been received on the next succeeding Business Day for purposes of calculating interest thereon. All such payments shall be made to such account as may be specified by the Administrative Agent, except payments to be made directly to any Issuing Bank or Swingline Lender shall be made as expressly provided herein and except that payments pursuant to Sections 2.15, 2.16, 2.17 and 9.03 shall be made directly to the Persons entitled thereto and payments pursuant to other Loan Documents shall be made to the Persons specified therein. The Administrative Agent shall distribute any such payments received by it for the account of any other Person to the appropriate recipient promptly following receipt thereof. If any payment (other than payments on the Eurocurrency Loans) under any Loan Document shall be due on a day that is not a Business Day, the date for payment shall be extended to the next succeeding Business Day. If any payment on a Eurocurrency Loan becomes due and payable on a day other than a Business Day, the maturity thereof shall be extended to the next succeeding Business Day unless the result of such extension would be to extend such payment into another calendar month, in which event such payment shall be made on the immediately preceding Business Day. In the case of any payment of principal pursuant to the preceding two sentences, interest thereon shall be payable at the then applicable rate for the period of such extension. All payments or prepayments of any Loan shall be made in the currency in which such Loan is denominated, all reimbursements of any LC Disbursements shall be made in dollars, all payments of accrued interest payable on a Loan or LC Disbursement shall be made in dollars, and all other payments under each Loan Document shall be made in dollars.

  • Payments Generally; Allocations of Proceeds; Pro Rata Treatment; Sharing of Set-offs (a) The Borrower shall make each payment required to be made by it hereunder (whether of principal, interest, fees or reimbursement of LC Disbursements, or of amounts payable under Section 2.15, 2.16 or 2.17, or otherwise) prior to (i) in the case of payments denominated in Dollars, 12:00 noon, New York City time and (ii) in the case of payments denominated in a Foreign Currency, 12:00 noon, Local Time, in the city of the Administrative Agent’s Eurocurrency Payment Office for such currency, in each case on the date when due, in immediately available funds, without set-off or counterclaim. Any amounts received after such time on any date may, in the discretion of the Administrative Agent, be deemed to have been received on the next succeeding Business Day for purposes of calculating interest thereon. All such payments shall be made (i) in the same currency in which the applicable Credit Event was made (or where such currency has been converted to euro, in euro) and (ii) to the Administrative Agent at its offices at 00 Xxxxx Xxxxxxxx Xxxxxx, 0xx Xxxxx, Xxxxxxx, Xxxxxxxx 00000 or, in the case of a Credit Event denominated in a Foreign Currency, the Administrative Agent’s Eurocurrency Payment Office for such currency, except payments to be made directly to the Issuing Bank or Swingline Lender as expressly provided herein and except that payments pursuant to Sections 2.15, 2.16, 2.17 and 9.03 shall be made directly to the Persons entitled thereto. The Administrative Agent shall distribute any such payments denominated in the same currency received by it for the account of any other Person to the appropriate recipient promptly following receipt thereof. If any payment hereunder shall be due on a day that is not a Business Day, the date for payment shall be extended to the next succeeding Business Day, and, in the case of any payment accruing interest, interest thereon shall be payable for the period of such extension. Notwithstanding the foregoing provisions of this Section, if, after the making of any Credit Event in any Foreign Currency, currency control or exchange regulations are imposed in the country which issues such currency with the result that the type of currency in which the Credit Event was made (the “Original Currency”) no longer exists or the Borrower is not able to make payment to the Administrative Agent for the account of the Lenders in such Original Currency, then all payments to be made by the Borrower hereunder in such currency shall instead be made when due in Dollars in an amount equal to the Dollar Amount (as of the date of repayment) of such payment due, it being the intention of the parties hereto that the Borrower takes all risks of the imposition of any such currency control or exchange regulations.

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