Common use of Special Provisions Relating to Currencies Other Than Dollars Clause in Contracts

Special Provisions Relating to Currencies Other Than Dollars. (a) All funds to be made available to Administrative Agent or the Issuing Bank, as applicable, pursuant to this Agreement in euros shall be made available to Administrative Agent or the Issuing Bank, as applicable, in immediately available, freely transferable, cleared funds to such account with such bank in such principal financial center in such Participating Member State (or in London) as Administrative Agent or the Issuing Bank, as applicable, shall from time to time nominate for this purpose. (b) In relation to the payment of any amount denominated in euros neither the Administrative Agent nor the Issuing Bank shall be liable to the Borrowers or any of the Lenders for any delay, or the consequences of any delay, in the crediting to any account of any amount required by this Agreement to be paid by the Administrative Agent or the Issuing Bank if such Administrative Agent or Issuing Bank shall have taken all relevant and necessary steps to achieve, on the date required by this Agreement, the payment of such amount in immediately available, freely transferable, cleared funds (in euros) to the account with the bank in the principal financial center in the Participating Member State which the Administrative Borrower or, as the case may be, any Lender shall have specified for such purpose. In this Section 10.19(b), “all relevant steps” means all such steps as may be prescribed from time to time by the regulations or operating procedures of such clearing or settlement system as Administrative Agent or Issuing Bank may from time to time determine for the purpose of clearing or settling payments of euros. Furthermore, and without limiting the foregoing, neither the Administrative Agent nor the Issuing Bank shall be liable to the Borrowers or any of the Lenders with respect to the foregoing matters in the absence of its gross negligence or willful misconduct (as determined by a court of competent jurisdiction in a final and non-appealable decision or pursuant to a binding arbitration award or as otherwise agreed in writing by the affected parties).

Special Provisions Relating to Currencies Other Than Dollars. (a) All funds to be made available to Administrative Agent or the Issuing BankLetter of Credit Issuer, as applicable, pursuant to this Agreement in euros any currency other than Dollars shall be made available to Administrative Agent or the Issuing BankLetter of Credit Issuer, as applicable, in immediately available, freely transferable, cleared funds to such account with such bank in such principal financial center in such Participating Member State (or in London) as the Administrative Agent or the Issuing BankLetter of Credit Issuer, as applicable, shall from time to time nominate for this purpose. (b) . In relation to the payment of any amount denominated in euros any currency other than Dollars, neither the Administrative Agent nor the Issuing Bank Letter of Credit Issuer shall be liable to the Borrowers Borrower or any of the Lenders for any delay, or the consequences of any delay, in the crediting to any account of any amount required by this Agreement to be paid by the Administrative Agent or the Issuing Bank Letter of Credit Issuer if such the Administrative Agent or Issuing Bank Letter of Credit Issuer shall have taken all relevant and necessary steps to achieve, on the date required by this Agreement, the payment of such amount in immediately available, freely transferable, cleared funds (in eurosthe relevant currency) to the account with the bank in the principal financial center in the Participating Member State which the Administrative Borrower or, as the case may be, any Lender shall have specified for such purpose. In this Section 10.19(b)13.21, “all relevant and necessary steps” means all such steps as may be prescribed from time to time by the regulations or operating procedures of such clearing or settlement system as the Administrative Agent or Issuing Bank Letter of Credit Issuer may from time to time determine for the purpose of clearing or settling payments of eurossuch currency. Furthermore, and without limiting the foregoing, neither the Administrative Agent nor the Issuing Bank Letter of Credit Issuer shall be liable to the Borrowers Borrower or any of the Lenders with respect to the foregoing matters in the absence of its gross negligence or willful misconduct (as determined by in the final non-appealable judgment of a court of competent jurisdiction in a final and non-appealable decision or pursuant to a binding arbitration award or as otherwise agreed in writing by the affected partiesjurisdiction).

Special Provisions Relating to Currencies Other Than Dollars. (a) All funds to be made available to Administrative Agent or the Issuing BankLetter of Credit Issuer, as applicable, pursuant to this Agreement in euros any currency other than Dollars shall be made available to Administrative Agent or the Issuing BankLetter of Credit Issuer, as applicable, in immediately available, freely transferable, cleared funds to such account with such bank in such principal financial center in such Participating Member State (or in London) as the Administrative Agent or the Issuing BankLetter of Credit Issuer, as applicable, shall from time to time nominate for this purpose. (b) . In relation to the payment of any amount denominated in euros any currency other than Dollars, neither the Administrative Agent nor the Issuing Bank Letter of Credit Issuer shall be liable to the Borrowers Borrower or any of the Lenders for any delay, or the consequences of any delay, in the crediting to any account of any amount required by this Agreement to be paid by the Administrative Agent or the Issuing Bank Letter of Credit Issuer if such the Administrative Agent or Issuing Bank Letter of Credit Issuer shall have taken all relevant and necessary steps to achieve, on the date required by this Agreement, the payment of such amount in immediately available, freely transferable, cleared funds (in eurosthe relevant currency) to the account with the bank in the principal financial center in the Participating Member State participating member state which the Administrative Borrower or, as the case may be, any Lender shall have specified for such purpose. In As used in this Section 10.19(b)13.22, “all relevant and necessary steps” means all such steps as may be prescribed from time to time by the regulations or operating procedures of such clearing or settlement system as the Administrative Agent or Issuing Bank Letter of Credit Issuer may from time to time determine for the purpose of clearing or settling payments of eurossuch currency. Furthermore, and without limiting the foregoing, neither the Administrative Agent nor the Issuing Bank Letter of Credit Issuer shall be liable to the Borrowers Borrower or any of the Lenders with respect to the foregoing matters in the absence of its gross negligence or willful misconduct (as determined by in the final non-appealable judgment of a court of competent jurisdiction in a final and non-appealable decision or pursuant to a binding arbitration award or as otherwise agreed in writing by the affected partiesjurisdiction).

Special Provisions Relating to Currencies Other Than Dollars. (a) All funds to be made available to Administrative Agent or the Issuing BankLetter of Credit Issuer, as applicable, pursuant to this Agreement in euros any currency other than Dollars shall be made available to Administrative Agent or the Issuing BankLetter of Credit Issuer, as applicable, in immediately available, freely transferable, cleared funds to such account with such bank in such principal financial center in such Participating Member State (or in London) as the Administrative Agent or the Issuing BankLetter of Credit Issuer, as applicable, shall from time to time nominate for this purpose. (b) . In relation to the payment of any amount denominated in euros any currency other than Dollars, neither the Administrative Agent nor the Issuing Bank Letter of Credit Issuer shall be liable to the Borrowers or any of the Lenders for any delay, or the consequences of any delay, in the crediting to any account of any amount required by this Agreement to be paid by the Administrative Agent or the Issuing Bank Letter of Credit Issuer if such the Administrative Agent or Issuing Bank Letter of Credit Issuer shall have taken all relevant and necessary steps to achieve, on the date required by this Agreement, the payment of such amount in immediately available, freely transferable, cleared funds (in eurosthe relevant currency) to the account with the bank in the principal financial center in the Participating Member State which the Administrative Borrower Borrowers or, as the case may be, any Lender shall have specified for such purpose. In this Section 10.19(b)13.22, “all relevant and necessary steps” means all such steps as may be prescribed from time to time by the regulations or operating procedures of such clearing or settlement system as the Administrative Agent or Issuing Bank Letter of Credit Issuer may from time to time determine for the purpose of clearing or settling payments of eurossuch currency. Furthermore, and without limiting the foregoing, neither the Administrative Agent nor the Issuing Bank Letter of Credit Issuer shall be liable to the Borrowers or any of the Lenders with respect to the foregoing matters in the absence of its gross negligence or willful misconduct (as determined by in the final non-appealable judgment of a court of competent jurisdiction in a final and non-appealable decision or pursuant to a binding arbitration award or as otherwise agreed in writing by the affected partiesjurisdiction).

Special Provisions Relating to Currencies Other Than Dollars. (a) All funds to be made available to Administrative Agent or the Issuing Bank, as applicable, pursuant to this Agreement in euros any Alternate Currency shall be made available to Administrative Agent or the Issuing Bank, as applicable, in immediately available, freely transferable, cleared funds to such account with such bank in such the principal financial center in of the Issuing Country with respect to such Participating Member State Alternate Currency (or in London) as Administrative Agent or the Issuing Bank, as applicable, shall from time to time nominate for this purpose. (b) In relation to the payment of any amount denominated in euros any Alternate Currency, neither the Administrative Agent nor the Issuing Bank shall be liable to the Borrowers Borrower or any of the Lenders for any delay, or the consequences of any delay, in the crediting to any account of any amount required by this Agreement to be paid by the Administrative Agent or the Issuing Bank if such Administrative Agent or Issuing Bank shall have taken all relevant and necessary steps to achieve, on the date required by this Agreement, the payment of such amount in immediately available, freely transferable, cleared funds (in eurosany Alternate Currency) to the account with the bank in the principal financial center of the Issuing Country with respect to such Alternate Currency(or in the Participating Member State London) which the Administrative Borrower or, as the case may be, any Lender shall have specified for such purpose. In this Section 10.19(b10.20(b), “all relevant steps” means all such steps as may be prescribed from time to time by the regulations or operating procedures of such clearing or settlement system as Administrative Agent or Issuing Bank may from time to time determine for the purpose of clearing or settling payments of eurosany Alternate Currency. Furthermore, and without limiting the foregoing, neither the Administrative Agent nor the Issuing Bank shall be liable to the Borrowers Borrower or any of the Lenders with respect to the foregoing matters in the absence of its gross negligence or willful misconduct (as determined by a court of competent jurisdiction in a final and non-appealable decision or pursuant to a binding arbitration award or as otherwise agreed in writing by the affected parties).

Special Provisions Relating to Currencies Other Than Dollars. (a) All funds to be made available to Administrative Agent or the Issuing Bank, as applicable, pursuant to this Agreement in euros any Alternate Currency shall be made available to Administrative Agent or the Issuing Bank, as applicable, in immediately available, freely transferable, cleared funds to such account with such bank in such the principal financial center in of the Issuing Country with respect to such Participating Member State Alternate Currency (or in London) as Administrative Agent or the Issuing Bank, as applicable, shall from time to time nominate for this purpose. (b) In relation to the payment of any amount denominated in euros any Alternate Currency, neither the Administrative Agent nor the Issuing Bank shall be liable to the Borrowers Borrower or any of the Lenders for any delay, or the consequences of any delay, in the crediting to any account of any amount required by this Agreement to be paid by the Administrative Agent or the Issuing Bank if such Administrative Agent or Issuing Bank shall have taken all relevant and necessary steps to achieve, on the date required by this Agreement, the payment of such amount in immediately available, freely transferable, cleared funds (in eurosany Alternate Currency) to the account with the bank in the principal financial center of the Issuing Country with respect to such Alternate Currency(or in the Participating Member State London) which the Administrative Borrower or, as the case may be, any Lender shall have specified for such purpose. In this Section 10.19(b), “all relevant steps” means all such steps as may be prescribed from time to time by the regulations or operating procedures of such clearing or settlement system as Administrative Agent or Issuing Bank may from time to time determine for the purpose of clearing or settling payments of eurosany Alternate Currency. Furthermore, and without limiting the foregoing, neither the Administrative Agent nor the Issuing Bank shall be liable to the Borrowers Borrower or any of the Lenders with respect to the foregoing matters in the absence of its gross negligence or willful misconduct (as determined by a court of competent jurisdiction in a final and non-appealable decision or pursuant to a binding arbitration award or as otherwise agreed in writing by the affected parties).

Special Provisions Relating to Currencies Other Than Dollars. (a) All funds to be made available to the Administrative Agent or the Issuing Bankany Letter of Credit Issuer, as applicable, pursuant to this Agreement in euros any currency other than Dollars shall be made available to Administrative Agent or the Issuing Banksuch Letter of Credit Issuer, as applicable, in immediately available, freely transferable, cleared funds to such account with such bank in such principal financial center in such Participating Member State (or in London) as the Administrative Agent or the Issuing Banksuch Letter of Credit Issuer, as applicable, shall from time to time nominate for this purpose. (b) . In relation to the payment of any amount denominated in euros any currency other than Dollars, neither the Administrative Agent nor the Issuing Bank any Letter of Credit Issuer shall be liable to the Borrowers Borrower or any of the Lenders for any delay, or the consequences of any delay, in the crediting to any account of any amount required by this Agreement to be paid by the Administrative Agent or such Letter of Credit Issuer if the Issuing Bank if such Administrative Agent or Issuing Bank such Letter of Credit Issuer shall have taken all relevant and necessary steps to achieve, on the date required by this Agreement, the payment of such amount in immediately available, freely transferable, cleared funds (in eurosthe relevant currency) to the account with the bank in the principal financial center in the Participating Member State which the Administrative Borrower or, as the case may be, any Lender shall have specified for such purpose. In As used in this Section 10.19(b)13.22, “all relevant and necessary steps” means all such steps as may be prescribed from time to time by the regulations or operating procedures of such clearing or settlement system as the Administrative Agent or Issuing Bank applicable Letter of Credit Issuer may from time to time determine for the purpose of clearing or settling payments of eurossuch currency. Furthermore, and without limiting the foregoing, neither the Administrative Agent nor the Issuing Bank any Letter of Credit Issuer shall be liable to the Borrowers Borrower or any of the Lenders with respect to the foregoing matters in the absence of its gross negligence or willful misconduct (as determined by in the final non-appealable judgment of a court of competent jurisdiction in a final and non-appealable decision or pursuant to a binding arbitration award or as otherwise agreed in writing by the affected partiesjurisdiction).

Special Provisions Relating to Currencies Other Than Dollars. (a) All funds to be made available to the Administrative Agent or the Issuing Bank, as applicable, pursuant to this Agreement in euros any Alternate Currency shall be made available to Administrative Agent Agent, the Fronting Alternate Currency Lender or the Issuing Bank, as applicable, in immediately available, freely transferable, cleared funds to such account with such bank in such principal financial center in such Participating Member State (or in London) as the Administrative Agent Agent, the Fronting Alternate Currency Lender or the Issuing Bank, as applicable, shall from time to time nominate for this purpose. (b) In relation to the payment of any amount denominated in euros or pounds, neither the Administrative Agent nor the Issuing Bank shall be liable to the Borrowers Borrower or any of the Lenders for any delay, or the consequences of any delay, in the crediting to any account of any amount required by this Agreement to be paid by the Administrative Agent Agent, the Fronting Alternate Currency Lender or the Issuing Bank if such the Administrative Agent Agent, the Fronting Alternate Currency Lender or Issuing Bank shall have taken all relevant and necessary steps to achieve, on the date required by this Agreement, the payment of such amount in immediately available, freely transferable, cleared funds (in eurossuch Alternate Currency) to the account with the bank in the principal financial center in the Participating Member State which the Administrative Borrower or, as the case may be, any Lender shall have specified for such purpose. In this Section 10.19(b9.16(b), “all relevant steps” means all such steps as may be prescribed from time to time by the regulations or operating procedures of such clearing or settlement system as the Administrative Agent Agent, the Fronting Alternate Currency Lender or Issuing Bank may from time to time determine for the purpose of clearing or settling payments of euroseuros or pounds. Furthermore, and without limiting the foregoing, neither the Administrative Agent Agent, the Fronting Alternate Currency Lender nor the Issuing Bank shall be liable to the Borrowers Borrower or any of the Lenders with respect to the foregoing matters in the absence of its gross negligence or willful misconduct (as determined by a court of competent jurisdiction in a final and non-appealable decision or pursuant to a binding arbitration award or as otherwise agreed in writing by the affected parties).

Special Provisions Relating to Currencies Other Than Dollars. (a) All funds to be made available to Administrative Agent or the Issuing Bank, as applicable, pursuant to this Agreement in euros Alternate Currency shall be made available to Administrative Agent or the Issuing Bank, as applicable, in immediately available, freely transferable, cleared funds to such account with such bank in such principal financial center in such Participating Member State (or in London) as Administrative Agent or the Issuing Bank, as applicable, shall from time to time nominate for this purpose. (b) In relation to the payment of any amount denominated in euros neither any Alternate Currency, the Administrative Agent nor the Issuing Bank shall not be liable to the Borrowers or any of the Lenders for any delay, or the consequences of any delay, in the crediting to any account of any amount required by this Agreement to be paid by the Administrative Agent or the Issuing Bank if such Administrative Agent or Issuing Bank shall have taken all relevant and necessary steps to achieve, on the date required by this Agreement, the payment of such amount in immediately available, freely transferable, cleared funds (in eurosthe applicable Alternate Currency) to the account with the bank in the principal financial center in the Participating Member State which the Administrative Borrower or, as the case may be, any Lender shall have specified for such purpose. In this Section 10.19(b), “all relevant steps” means all such steps as may be prescribed from time to time by the regulations or operating procedures of such clearing or settlement system as Administrative Agent or Issuing Bank may from time to time determine for the purpose of clearing or settling payments of eurosthe applicable Alternate Currency. Furthermore, and without limiting the foregoing, neither the Administrative Agent nor the Issuing Bank shall not be liable to the Borrowers Borrower or any of the Lenders with respect to the foregoing matters in the absence of its gross negligence or willful misconduct (as determined by a court of competent jurisdiction in a final and non-appealable decision or pursuant to a binding arbitration award or as otherwise agreed in writing by the affected parties). (c) Notwithstanding anything to the contrary contained herein, Borrowers shall from time to time, at the request of any Lender, pay to such Lender the amount of any losses, damages, liabilities, claims, reduction in yield, additional expense, increased cost, reduction in any amount payable, reduction in the effective return of its capital, the decrease or delay in the payment of interest, exchange rate losses or any other return forgone by such Lender or its Affiliates as a result of the making of an Alternate Currency Loan instead of a Loan in Dollars.

Special Provisions Relating to Currencies Other Than Dollars. (a) All funds to be made available to Administrative Agent or the Issuing Bank, as applicable, pursuant to this Agreement in euros Euros or GBP shall be made available to Administrative Agent or the Issuing Bank, as applicable, in immediately available, freely transferable, cleared funds to such account with such bank in such principal financial center in such Participating Member State (or in London) as Administrative Agent or the Issuing Bank, as applicable, shall from time to time nominate for this purpose. (b) In relation to the payment of any amount denominated in euros neither the Euros or GBP, Administrative Agent nor the Issuing Bank shall not be liable to the Borrowers Borrower or any of the Lenders for any delay, or the consequences of any delay, in the crediting to any account of any amount required by this Agreement to be paid by the Administrative Agent or the Issuing Bank if such Administrative Agent or Issuing Bank shall have taken all relevant and necessary steps to achieve, on the date required by this Agreement, the payment of such amount in immediately available, freely transferable, cleared funds (in eurosEuros or GBP) to the account with the bank in the principal financial center in the Participating Member State which the Administrative Borrower or, as the case may be, any Lender shall have specified for such purpose. In this Section 10.19(b10.20(b), “all relevant steps” means all such steps as may be prescribed from time to time by the regulations or operating procedures of such clearing or settlement system as Administrative Agent or Issuing Bank may from time to time determine for the purpose of clearing or settling payments of eurosEuros or GBP. Furthermore, and without limiting the foregoing, neither the Administrative Agent nor the Issuing Bank shall not be liable to the Borrowers Borrower or any of the Lenders with respect to the foregoing matters in the absence of its gross negligence or willful misconduct (as determined by a court of competent jurisdiction in a final and non-appealable decision or pursuant to a binding arbitration award or as otherwise agreed in writing by the affected parties).

Special Provisions Relating to Currencies Other Than Dollars. (a) All funds to be made available to the Administrative Agent Agent, DBAG or the Issuing Bank, as applicable, any Letter of Credit Issuer pursuant to this Agreement in euros Euros shall be made available to the Administrative Agent or the Issuing Bank, as applicable, in immediately available, freely transferable, cleared funds to such account with such bank in such principal financial center in such Participating Member State participating member state (or in London) as the Administrative Agent or the Issuing Bank, as applicable, shall from time to time nominate for this purpose. (b) In relation to the payment of any amount denominated in euros neither Euros or in a European national currency unit, the Administrative Agent nor the Issuing Bank shall not be liable to the Borrowers Borrower or any of the Lenders for any delay, or the consequences of any delay, in the crediting to any account of any amount required by this Agreement to be paid by the Administrative Agent or if the Issuing Bank if such Administrative Agent or Issuing Bank shall have taken all relevant and necessary steps to achieve, on the date required by this Agreement, the payment of such amount in immediately available, freely transferable, cleared funds (in eurosEuros or, as the case may be, in the relevant European national currency unit) to the account with the bank in the principal financial center in the Participating Member State participating member state which the Administrative Borrower or, as the case may be, any Lender shall have specified for such purpose. In this Section 10.19(b12.18(b), “"all relevant steps” " means all such steps as may be prescribed from time to time by the regulations or operating procedures of such clearing or settlement system as the Administrative Agent or Issuing Bank may from time to time determine for the purpose of clearing or settling payments of eurosEuros or the relevant European national currency unit. Furthermore, and without limiting the foregoing, neither the Administrative Agent nor the Issuing Bank shall not be liable to the Borrowers Borrower or any of the Lenders with respect to the foregoing matters in the absence of its gross negligence or willful misconduct (as determined by a court of competent jurisdiction in a final and non-appealable decision or pursuant to a binding arbitration award or as otherwise agreed in writing by the affected parties).

Special Provisions Relating to Currencies Other Than Dollars. (a) All funds to be made available to the Administrative Agent or the Issuing Bank, as applicable, pursuant to this Agreement in euros Euros or Pounds Sterling shall be made available to the Administrative Agent or the Issuing Bank, as applicable, in immediately available, freely transferable, cleared funds to such account with such bank in such principal financial center in such Participating Member State (or in London) as the Administrative Agent or the Issuing Bank, as applicable, shall from time to time nominate for this purpose. (b) In relation to the payment of any amount denominated in euros neither Euros, Pounds Sterling or in a European national currency unit, the Administrative Agent nor the Issuing Bank shall not be liable to the Borrowers Borrower or any of the Lenders for any delay, or the consequences of any delay, in the crediting to any account of any amount required by this Agreement to be paid by the Administrative Agent or if the Issuing Bank if such Administrative Agent or Issuing Bank shall have taken all relevant and necessary steps to achieve, on the date required by this Agreement, the payment of such amount in immediately available, freely transferable, cleared funds (in eurosEuros, Pounds Sterling or, as the case may be, in the relevant European national currency unit) to the account with the bank in the principal financial center in the Participating Member State participating member state which the Administrative Borrower or, as the case may be, any Lender shall have specified for such purpose. In this Section 10.19(b9.17(b), “"all relevant steps” " means all such steps as may be prescribed from time to time by the regulations or operating procedures of such clearing or settlement system as the Administrative Agent or Issuing Bank may from time to time determine for the purpose of clearing or settling payments of eurosEuros, Pounds Sterling or the relevant European national currency unit. Furthermore, and without limiting the foregoing, neither the Administrative Agent nor the Issuing Bank shall not be liable to the Borrowers Borrower or any of the Lenders with respect to the foregoing matters in the absence of its gross negligence or willful misconduct (as determined by a court of competent jurisdiction in a final and non-appealable decision or pursuant to a binding arbitration award or as otherwise agreed in writing by the affected parties).