Common use of Revocation of currency Clause in Contracts

Revocation of currency. (a) Notwithstanding any other term of this Agreement, if before 9.30 a.m. on any Rate Fixing Day the Facility Agent receives notice from a Lender that: (i) the Optional Currency requested is not readily available to it in the relevant interbank market in the amount and for the period required; or (ii) participating in a Loan in the proposed Optional Currency might contravene any law or regulation applicable to it, the Facility Agent must give notice to the Company to that effect promptly and in any event before 11.00 a.m. on that day. In this paragraph, the reference to an Optional Currency not being readily available includes a situation where a Lender cannot obtain Polish złoty for operational reasons. (b) In this event: (i) that Lender must participate in the Loan in euros; and (ii) the share of that Lender in the Loan and any other similarly affected Lender(s) will be treated as a separate Loan denominated in euros during that Term. (c) Any part of a Loan treated as a separate Loan under this Subclause will not be taken into account for the purposes of any limit on the number of Loans or currencies outstanding at any one time. (d) A Loan will still be treated as a Rollover Loan if it is not denominated in the same currency as the maturing Loan by reason only of the operation of this Subclause.

Revocation of currency. (a) Notwithstanding any other term of this Agreement, if before 9.30 a.m. on any Rate Fixing Day in relation to a Loan under the C Revolving Credit Facility the Facility Agent receives notice from a Lender that: (i) the Optional Currency requested is not readily available to it in the relevant interbank market in the amount and for the period Term required; or (ii) participating in a Loan in the proposed Optional Currency might contravene any law or regulation applicable to it, the Facility Agent must give notice to the Company Obligors’ Agent to that effect promptly and in any event before 11.00 a.m. on that day. In this paragraph, the reference to an Optional Currency not being readily available includes a situation where a Lender cannot obtain Polish złoty for operational reasons. (b) In this event: (i) that Lender must participate in the Loan in eurosEuros; and (ii) the share of that Lender in the Loan and any other similarly affected Lender(s) will be treated as a separate Loan denominated in euros during Euros for that Term. (c) Any part of a Loan treated as a separate Loan under this Subclause Clause 11.4 will not be taken into account for the purposes of any limit on the number of Loans or currencies outstanding at any one time. (d) A C Revolving Credit Loan will still be treated as a Rollover Loan if it is not denominated in the same currency as the maturing C Revolving Credit Loan by reason only of the operation of this SubclauseClause 11.4.

Revocation of currency. (a) Notwithstanding any other term of this Agreement, if before 9.30 a.m. on any Rate Fixing Day the Facility Agent receives notice from a Lender that: (i) the Optional Currency requested is not readily available to it in the relevant interbank market in the amount and for the period required; or (ii) participating in a Loan in the proposed Optional Currency might contravene any law or regulation applicable to it, the Facility Agent must give notice to the Company to that effect promptly and in any event before 11.00 a.m. on that day. In this paragraph, the reference to an Optional Currency not being readily available includes a situation where a Lender cannot obtain Polish złoty for operational reasons. (b) In this event: (i) that Lender must participate in the Loan in eurosDollars if the Loan is a Tranche A Loan or in euro if the Loan is a Tranche B Loan; and (ii) the share of that Lender in the Loan and any other similarly affected Lender(s) will be treated as a separate Loan denominated in euros Dollars or euro (as the case may be) during that Term. (c) Any part of a Loan treated as a separate Loan under this Subclause will not be taken into account for the purposes of any limit on the number of Loans or currencies outstanding at any one time. (d) A Loan will still be treated as a Rollover Loan if it is not denominated in the same currency as the maturing Loan by reason only of the operation of this Subclause.