Common use of Requests for Additional Agreed Currencies Clause in Contracts

Requests for Additional Agreed Currencies. The Borrowers may deliver to the Administrative Agent a written request that Loans hereunder also be permitted to be made in any lawful currency other than Dollars, provided that such currency is readily available and freely transferable and convertible into Dollars and available in the applicable interbank deposit market. After receipt of any such request, the Administrative Agent will promptly notify the Lenders thereof. The Administrative Agent and each Lender may accept such request in their sole discretion. The Administrative Agent will promptly notify the Borrowers of the acceptance or rejection by the Administrative Agent and each of the Lenders of the Borrowers’ request. The requested currency shall be approved as an Agreed Currency hereunder only if the Administrative Agent and all of the Lenders approve of the Borrowers’ request, and subject to the effectiveness of any amendment or restatement of this Agreement, executed by the Borrowers, each Lender, JPMorgan and the Administrative Agent, as may be necessary or appropriate, in the reasonable opinion of JPMorgan or the Administrative Agent, to effect the provisions of this Section 2.04(c). If, after the designation by the Administrative Agent and the Lenders at the request of any Borrower of any currency as an Agreed Currency, currency control or other exchange regulations are imposed in the country in which such currency is issued with the result that different types of such currency are introduced, such country’s currency is, in the determination of the Administrative Agent, no longer readily available or freely traded and convertible into Dollars (a “Disqualifying Event”), then the Administrative Agent shall promptly notify the Lenders and the Borrowers, and such country’s currency shall no longer be an Agreed Currency until such time as the Disqualifying Event(s) no longer exist, but in any event within five (5) Business Days of receipt of such notice from the Administrative Agent, the Borrowers shall repay all Loans in such currency to which the Disqualifying Event applies or convert such Loan into Loans in Dollars or another Agreed Currency, subject to the other terms contained in Articles II and IV.

Requests for Additional Agreed Currencies. The Borrowers may deliver to the Administrative Agent a written request that Loans hereunder also be permitted to be made in any other lawful currency (other than Dollars), in addition to the currencies specified in the definition of “Agreed Currencies” herein, provided that such currency is readily available and freely transferable and convertible into Dollars and available in the applicable London interbank deposit market. After receipt of any such request, the Administrative Agent will promptly notify the Lenders thereof. The Administrative Agent and each Lender may accept such request in their sole discretion. The Administrative Agent will promptly notify the Borrowers of the acceptance or rejection by the Administrative Agent and each of the Lenders of the Borrowers’ request. The requested currency shall be approved as an Agreed Currency hereunder only if the Administrative Agent and all of the Lenders approve of the Borrowers’ request, and subject to the effectiveness of any amendment or restatement of this Agreement, executed by the Borrowers, each Lender, JPMorgan and the Administrative Agent, as may be necessary or appropriate, in the reasonable opinion of JPMorgan or the Administrative Agent, to effect the provisions of this Section 2.04(c). If, after the designation by the Administrative Agent and the Lenders at the request of any Borrower of any currency as an Agreed Currency, currency control or other exchange regulations are imposed in the country in which such currency is issued with the result that different types of such currency are introduced, such country’s currency is, in the determination of the Administrative Agent, no longer readily available or freely traded and convertible into Dollars (a “Disqualifying Event”), then the Administrative Agent shall promptly notify the Lenders and the Borrowers, and such country’s currency shall no longer be an Agreed Currency until such time as the Disqualifying Event(s) no longer exist, but in any event within five (5) Business Days of receipt of such notice from the Administrative Agent, the Borrowers shall repay all Loans in such currency to which the Disqualifying Event applies or convert such Loan into Loans in Dollars or another Agreed Currency, subject to the other terms contained in Articles II and IV.