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 pursuant to this Agreement in euros, Swiss francs or GBP shall be made available to Administrative Agent 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 shall from time to time nominate for this purpose. (b) In relation to the payment of any amount denominated in euros, Swiss francs or GBP, Administrative Agent shall not be liable to any Loan Party 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 Administrative Agent if Administrative Agent 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, Swiss francs 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 11.20(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 may from time to time determine for the purpose of clearing or settling payments of euros, Swiss francs or GBP. Furthermore, and without limiting the foregoing, Administrative Agent shall not be liable to any Loan Party 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 Revolving Credit Administrative Agent pursuant to this Agreement in euros, Swiss francs Norwegian kroner or GBP pounds shall be made available to the Revolving Credit Administrative Agent in immediately available, freely transferable, cleared funds to such account with such bank in such principal financial center in Norway or such Participating Member State (or in London) as Revolving Credit Administrative Agent shall from time to time nominate for this purpose. (b) In relation to the payment of any amount denominated in euros, Swiss francs Norwegian kroner or GBPpounds, the Revolving Credit Administrative Agent shall not be liable to any Loan Party 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 Revolving Credit Administrative Agent if the Revolving Credit Administrative Agent 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, Swiss francs Norwegian kroner or GBPpounds) 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 11.20(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 the Revolving Credit Administrative Agent may from time to time determine for the purpose of clearing or settling payments of euros, Swiss francs Norwegian kroner or GBPpounds. Furthermore, and without limiting the foregoing, the Revolving Credit Administrative Agent shall not be liable to any Loan Party 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 non -appealable decision or pursuant to a binding arbitration award or as otherwise agreed in writing by the affected parties).