Common use of Currency Indemnity Clause in Contracts

Currency Indemnity. U.S. dollars are the sole currency of account and payment for all sums payable by the Company under or in connection with the Notes, including damages. Any amount received or recovered in a currency other than U.S. dollars (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the Company or otherwise) by any Holder in respect of any sum expressed to be due to it from the Company shall only constitute a discharge to the Company to the extent of the dollar amount which the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable to make that purchase on that date, on the first date on which it is practicable to do so). If that dollar amount is less than the dollar amount expressed to be due to the recipient under any Note, the Company shall indemnify the recipient against any loss sustained by it as a result. In any event, the Company shall indemnify the recipient against the cost of making any such purchase. For the purposes of this Section 13.09, it will be sufficient for the Holder to certify in a satisfactory manner (indicating the sources of information used) that it would have suffered a loss had an actual purchase of U.S. dollars been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of U.S. dollars on such date had not been practicable, on the first date on which it would have been practicable, it being required that the need for a change of date be certified in the manner mentioned above). These indemnities constitute a separate and independent obligation from the Company’s other obligations, shall give rise to a separate and independent cause of action, shall apply irrespective of any indulgence granted by any Holder and shall continue in full force and effect despite any other judgment, order, claim or proof for a liquidated amount in respect of any sum due under any Note.

Currency Indemnity. U.S. dollars are the sole currency of account and payment for all sums payable by the Company and the Guarantors under or in connection with the Notes, including damages. Any amount account received or recovered in a currency other than U.S. dollars (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the liquidation, dissolution or other winding-up or dissolution of the affairs of the Company or the Guarantors or otherwise) by any Holder of a Note in respect of any sum expressed to be due to it from the Company or the Guarantors shall only constitute a discharge to the Company and the Guarantors to the extent of the dollar amount which the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable to make that purchase on that date, on the first date on which it is practicable to do so). If that dollar amount is less than the dollar amount expressed to be due to the recipient under any Note, the Company and the Guarantors shall indemnify the recipient it against any loss sustained by it as a result. In any event, the Company and the Guarantors shall indemnify the recipient against the cost of making any such purchase. For the purposes of this Section 13.09paragraph, it will be sufficient for the Holder of a Note to certify in a satisfactory manner (indicating the sources of information used) that it would have suffered a loss had an actual purchase of U.S. dollars been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of U.S. dollars on such date had not been practicable, on the first date on which it would have been practicable, it being required that the need for a change of date be certified in the manner mentioned above). These indemnities constitute a separate and independent obligation from the Company’s 's and the Guarantors' other obligations, shall give rise to a separate and independent cause of action, shall apply irrespective of any indulgence granted by any Holder of a Note and shall continue constitute in full force and effect despite any other judgment, order, claim or proof for a liquidated amount in respect of any sum due under any Note.

Currency Indemnity. U.S. dollars are the sole currency of account and payment for all sums payable by the Company or the Guarantors under or in connection with the Notes, including damages. Any To the greatest extent permitted under applicable law, any amount received or recovered in a currency other than U.S. dollars (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-winding up or dissolution of the Company or the Guarantors or otherwise) by any Holder of a Note in respect of any sum expressed to be due to it from the Company or the Guarantors shall only constitute a discharge to the Company or the Guarantors only to the extent of the dollar amount which the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable to make that purchase on that date, on the first date on which it is practicable to do so). If that dollar amount is less than the dollar amount expressed to be due to the recipient under any Note, the Company or the Guarantors shall indemnify the recipient against any loss sustained by it as a result. In any event, the Company or the Guarantors shall indemnify the recipient against the cost of making any such purchase. For the purposes of this Section 13.0913.01, it will be sufficient for the Holder of a Note to certify in a satisfactory manner (indicating the sources of information used) that it would have suffered a loss had an actual purchase of U.S. dollars been made with the amount so received or recovered in that other currency on the date of receipt or recovery (or, if a purchase of U.S. dollars on such date had not been practicable, on the first date on which it would have been practicable, it being required that the need for a change of date be certified in the manner mentioned above). These indemnities constitute a separate and independent obligation from the Company’s other obligationsobligations of the Company or the Guarantors, shall give rise to a separate and independent cause of action, shall apply irrespective of any indulgence granted by any Holder of a Note and shall continue constitute in full force and effect despite any other judgment, order, claim or proof for a liquidated amount in respect of any sum due under any Note.

Currency Indemnity. (a) The U.S. dollars are dollar is the sole currency of account and payment for all sums payable by the Company Issuer and the Note Guarantors under or in connection with the Notes, including damagesNotes and the Note Guarantees (the “Contractual Currency”). Any amount received or recovered in a currency other than U.S. dollars the Contractual Currency in respect of the Notes or the Note Guarantees (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up winding up, liquidation or dissolution of the Company Parent Guarantor, any Subsidiary or otherwise) by any the Trustee or a Holder in respect of any sum expressed to be due to it from the Company Issuer or a Note Guarantor shall only constitute a discharge to of the Company Issuer or the Note Guarantor, as the case may be, only to the extent of the dollar Contractual Currency amount which the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable possible to make that purchase on that date, on the first date on which it is practicable possible to do so). If that dollar purchased amount is less than the dollar Contractual Currency amount expressed to be due to the recipient under any Note, the Company Issuer and the Note Guarantors shall indemnify the recipient against any loss sustained by it as a result. In any event, the Company shall indemnify the recipient against the cost of making any such purchase. For the purposes of this Section 13.09indemnity, it will be sufficient for the Trustee or a Holder to certify in a satisfactory manner (indicating the sources of information used) that it would have suffered a loss had an the actual purchase of U.S. dollars Contractual Currency been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of U.S. dollars Contractual Currency on such date had not been practicablepossible, on the first date on which it would have been practicable, it being required that the need for a change of date be certified in the manner mentioned abovepossible). These indemnities constitute a separate and independent obligation from the Company’s other obligations, shall give rise to a separate and independent cause of action, shall apply irrespective of any indulgence granted by any Holder and shall continue in full force and effect despite any other judgment, order, claim or proof for a liquidated amount in respect of any sum due under any Note.

Currency Indemnity. U.S. dollars are the sole currency of account and payment for all sums payable by the Company under or in connection with the Notes, including damages. Any amount received or recovered in a currency other than U.S. dollars (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the Company or otherwise) by any Holder of a Note in respect of any sum expressed to be due to it from the Company shall only constitute a discharge to the Company to the extent of the dollar amount which the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable to make that purchase on that date, on the first date on which it is practicable to do so). If that dollar amount is less than the dollar amount expressed to be due to the recipient under any Note, the Company shall indemnify the recipient against any loss sustained by it as a result. In any event, the Company shall indemnify the recipient against the cost of making any such purchase. For the purposes of this Section 13.09114, it will be sufficient for the Holder of a Note to certify in a satisfactory manner (indicating the sources of information used) that it would have suffered a loss had an actual purchase of U.S. dollars been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of U.S. dollars on such date had not been practicable, on the first date on which it would have been practicable, it being required that the need for a change of date be certified in the manner mentioned above). These indemnities constitute a separate and independent obligation from the Company’s 's other obligations, shall give rise to a separate and independent cause of action, shall apply irrespective of any indulgence granted by any Holder of a Note and shall continue in full force and effect despite any other judgment, order, claim or proof for a liquidated amount in respect of any sum due under any Note.

Currency Indemnity. U.S. dollars Dollars are the sole currency of account and payment for all sums payable by the Company Grupo Aval Limited or Grupo Aval under or in connection with this Indenture, the NotesNotes and the Guarantees, including damagesdamages relating thereto. Any amount received or recovered in a currency other than U.S. dollars Dollars (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the Company Grupo Aval Limited or otherwise) by any Holder of a Note in respect of any sum expressed to be due to it from the Company Grupo Aval Limited or Grupo Aval shall only constitute a discharge to of Grupo Aval Limited or Grupo Aval, as the Company case may be, to the extent of the dollar U.S. Dollar amount which the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable to make that purchase on that date, on the first date on which it is practicable to do so). If that dollar U.S. Dollar amount is less than the dollar U.S. Dollar amount expressed to be due to the recipient under any Note, the Company shall Grupo Aval Limited or Grupo Aval shall, jointly and severally, indemnify the recipient such Holder against any loss sustained by it as a result. In any event, the Company shall Grupo Aval Limited or Grupo Aval shall, jointly or severally, indemnify the recipient against the cost of making any such purchase. For the purposes of this Section 13.0911.5, it will shall be sufficient for the Holder of a Note to certify in a satisfactory manner (indicating the sources of information used) that it would have suffered a loss had an actual purchase of U.S. dollars Dollars been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of U.S. dollars Dollars on such date had not been practicable, on the first date on which it would have been practicable, it being required that the need for a change of date be certified in the manner mentioned above). These indemnities constitute a separate and independent obligation from the Company’s other obligationsobligations of Grupo Aval Limited or Grupo Aval, shall give rise to a separate and independent cause of action, shall apply irrespective of any indulgence granted by any Holder of a Note and shall continue in full force and effect despite any other judgment, order, claim or proof for a liquidated amount in respect of any sum due under any Note.

Currency Indemnity. U.S. dollars Dollars are the sole currency of account and payment for all sums payable by the Company Issuer or the Guarantors under or in connection with the NotesNotes and the Note Guaranty, including damages. Any amount received or recovered in a currency other than U.S. dollars Dollars (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the Company Issuer or otherwise) by any Holder of a Note in respect of any sum expressed to be due to it from the Company Issuer or the Guarantors shall only constitute a discharge to the Company Issuer or the Guarantors, as the case may be, to the extent of the dollar U.S. Dollar amount which the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable to make that purchase on that date, on the first date on which it is practicable to do so). If that dollar U.S. Dollar amount is less than the dollar U.S. Dollar amount expressed to be due to the recipient under any Note, the Company Issuer and the Guarantors shall indemnify the recipient such Holder against any loss sustained by it as a result, and if the amount of U.S. Dollars so purchased is greater than the sum originally due to such Holder, such Holder shall, by accepting a Note, be deemed to have agreed to repay such excess. In any event, the Company Issuer and the Guarantors shall indemnify the recipient against the cost of making any such purchase. For the purposes of this Section 13.0911.07, it will shall be sufficient for the Holder of a Note to certify in a satisfactory manner (indicating the sources of information used) that it would have suffered a loss had an actual purchase of U.S. dollars Dollars been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of U.S. dollars Dollars on such date had not been practicable, on the first date on which it would have been practicable, it being required that the need for a change of date be certified in the manner mentioned above). These indemnities constitute a separate and independent obligation from the Company’s other obligationsobligations of the Issuer and the Guarantors, shall give rise to a separate and independent cause of action, shall apply irrespective of any indulgence granted by any Holder of a Note and shall continue in full force and effect despite any other judgment, order, claim or proof for a liquidated amount in respect of any sum due under any Note.

Currency Indemnity. U.S. dollars Dollars are the sole currency of account and payment for all sums payable by the Company or the Guarantor under or in connection with the Notes, including damages. Any amount received or recovered in a currency other than U.S. dollars Dollars (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the Guarantor, the Company or otherwise) by any Holder in respect of any sum expressed to be due to it from the Company or the Guarantor shall only constitute a discharge to of the Company or the Guarantor, as the case may be, to the extent of the dollar U.S. Dollar amount which the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable to make that purchase on that date, on the first date on which it is practicable to do so). If that dollar U.S. Dollar amount is less than the dollar U.S. Dollar amount expressed to be due to the recipient under any NoteNotes, the Company or the Guarantor, as the case may be, shall indemnify the recipient such Holder against any loss sustained by it as a result; and if the amount of U.S. Dollars so purchased is greater than the sum originally due to such Holder, such Holder shall, by accepting the Notes, be deemed to have agreed to repay such excess. In any event, the Company or the Guarantor, as the case may be, shall indemnify the recipient against the cost of making any such purchase. For the purposes of this Section 13.091.19, it will shall be sufficient for the Holder to certify in a satisfactory manner (indicating the sources of information used) that it would have suffered a loss had an actual purchase of U.S. dollars Dollars been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of U.S. dollars Dollars on such date had not been practicable, on the first date on which it would have been practicable, it being required that the need for a change of date be certified in the manner mentioned above). These indemnities constitute a separate and independent obligation from the Company’s other obligationsobligations of the Company and the Guarantor, shall give rise to a separate and independent cause of action, shall apply irrespective of any indulgence granted by any Holder and shall continue in full force and effect despite any other judgment, order, claim or proof for a liquidated amount in respect of any sum due under any NoteNotes.”

Currency Indemnity. U.S. dollars are the sole currency of account and payment for all sums payable by the Company under or in connection with the Notes, including damages. Any amount received or recovered in a currency other than U.S. dollars (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the Company or otherwise) by any Holder in respect of any sum expressed to be due to it from the Company shall only constitute a discharge to the Company to the extent of the dollar amount which the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable to make that purchase on that date, on the first date on which it is practicable to do so). If that dollar amount is less than the dollar amount expressed to be due to the recipient under any Note, the Company shall indemnify the recipient against any loss sustained by it as a result. In any event, the Company shall indemnify the recipient against the cost of making any such purchase. For the purposes of this Section 13.09, it will be sufficient for the Holder to certify in a satisfactory manner (indicating the sources of information used) that it would have suffered a loss had an actual purchase of U.S. dollars been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of U.S. dollars on such date had not been practicable, on the first date on which it would have been practicable, it being required that the need for a change of date be certified in the manner mentioned above). These indemnities constitute a separate and independent obligation from the Company’s 's other obligations, shall give rise to a separate and independent cause of action, shall apply irrespective of any indulgence granted by any Holder and shall continue in full force and effect despite any other judgment, order, claim or proof for a liquidated amount in respect of any sum due under any Note.

Currency Indemnity. U.S. dollars are the sole currency of ------------------ account and payment for all sums payable by the Company under or in connection with the Notes, including damages. Any amount received or recovered in a currency other than U.S. dollars (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the Company or otherwise) by any Holder of a Note, the Trustee or the Agents in respect of any sum expressed to be due to it from the Company shall only constitute a discharge to the Company to the extent of the U.S. dollar amount which the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable to make that purchase on that date, on the first date on which it is practicable to do so). If that U.S. dollar amount is less than the U.S. dollar amount expressed to be due to the recipient, the Company shall indemnify it against any loss sustained by it as a result. If the dollar amount is greater than the dollar amount expressed to be due to the recipient under any Notethis Agreement, the Company shall indemnify be entitled to the recipient against any loss sustained by it as a resultamount of such excess. In any event, the Company shall indemnify the recipient against the cost of making any such purchase. For the purposes of this Section 13.09subsection, it will be sufficient for the Trustee or any Holder of a Note to certify in a satisfactory manner (indicating the sources of information used) that it would have suffered a loss had an actual purchase of U.S. dollars been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of U.S. dollars on such date had not been practicable, on the first date on which it would have been practicable, it being required that the need for a change of date be certified in the manner mentioned above). These indemnities constitute a separate and independent obligation from the Company’s 's other obligations, shall give rise to a separate and independent cause of action, shall apply irrespective of any indulgence granted by the Trustee or any Holder of a Note and shall continue in full force and effect despite any other judgment, order, claim or proof for a liquidated amount in respect of any sum due under any Note.

Currency Indemnity. U.S. dollars Dollars are the sole currency of account and payment for all sums payable by the Company or the Guarantors under or in connection with the NotesNotes and the Note Guarantees, including damages. Any amount received or recovered in a currency other than U.S. dollars Dollars (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the Company or otherwise) by any Holder of a Note in respect of any sum expressed to be due to it from the Company or any Guarantor shall only constitute a discharge to the Company or the Guarantors, as the case may be, to the extent of the dollar U.S. Dollar amount which the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable to make that purchase on that date, on the first date on which it is practicable to do so). If that dollar U.S. Dollar amount is less than the dollar U.S. Dollar amount expressed to be due to the recipient under any Note, the Company and the Guarantors shall indemnify the recipient such Holder against any loss sustained by it as a result, and if the amount of U.S. Dollars so purchased is greater than the sum originally due to such Holder, such Holder shall, by accepting a Note, be deemed to have agreed to repay such excess. In any event, the Company and the Guarantors shall indemnify the recipient against the cost of making any such purchase. For the purposes of this Section 13.0911.06, it will shall be sufficient for the Holder of a Note to certify in a satisfactory manner (indicating the sources of information used) that it would have suffered a loss had an actual purchase of U.S. dollars Dollars been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of U.S. dollars Dollars on such date had not been practicable, on the first date on which it would have been practicable, it being required that the need for a change of date be certified in the manner mentioned above). These indemnities constitute a separate and independent obligation from the Company’s other obligationsobligations of the Company and the Guarantors, shall give rise to a separate and independent cause of action, shall apply irrespective of any indulgence granted by any Holder of a Note and shall continue in full force and effect despite any other judgment, order, claim or proof for a liquidated amount in respect of any sum due under any Note.

Currency Indemnity. U.S. dollars Dollars are the sole currency of account and payment for all sums payable by the Company under or in connection with the Notes, Notes including damages. Any amount received or recovered in a currency other than U.S. dollars Dollars (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the Company or otherwise) by any Holder of a Note in respect of any sum expressed to be due to it from the Company shall only constitute a discharge to the Company Company, to the extent of the dollar U.S. Dollar amount which the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable to make that purchase on that date, on the first date on which it is practicable to do so). If that dollar U.S. Dollar amount is less than the dollar U.S. Dollar amount expressed to be due to the recipient under any Note, the Company shall indemnify the recipient such Holder against any loss sustained by it as a result, and if the amount of U.S. Dollars so purchased is greater than the sum originally due to such Holder, such Holder shall, by accepting a Note, be deemed to have agreed to repay such excess. In any event, the Company shall indemnify the recipient against the cost of making any such purchase. For the purposes of this Section 13.0910.07, it will shall be sufficient for the Holder of a Note to certify in a satisfactory manner (indicating the sources of information used) that it would have suffered a loss had an actual purchase of U.S. dollars Dollars been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of U.S. dollars Dollars on such date had not been practicable, on the first date on which it would have been practicable, it being required that the need for a change of date be certified in the manner mentioned above). These indemnities constitute a separate and independent obligation from the other obligations of the Company’s other obligations, shall give rise to a separate and independent cause of action, shall apply irrespective of any indulgence granted by any Holder of a Note and shall continue in full force and effect despite any other judgment, order, claim or proof for a liquidated amount in respect of any sum due under any Note.

Currency Indemnity. (a) U.S. dollars are Legal Tender is the sole currency of account and payment for all sums payable by the Company or any Subsidiary Guarantor under or in connection with the NotesNotes or this Indenture, including damages. Any amount received or recovered in a currency other than U.S. dollars Legal Tender (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the Company Company, any Subsidiary or otherwise) by any Holder of the Notes in respect of any sum expressed to be due to it from the Company or any Subsidiary Guarantor shall only constitute a discharge to of them under the Company Notes and this Indenture to the extent of the dollar U.S. Legal Tender amount which the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable to make that purchase on that date, on the first date on which it is practicable to do so). If that dollar U.S. Legal Tender amount is less than the dollar U.S. Legal Tender amount expressed to be due to the recipient under any Notethe Notes or this Indenture, the Company and the Subsidiary Guarantors shall jointly and severally indemnify and hold harmless the recipient against any loss sustained by it as a resultin making any such purchase. In any event, the Company and the Subsidiary Guarantors shall jointly and severally indemnify the recipient Holder against the cost of making any such purchasepurchase of U.S. Legal Tender. For the purposes of this Section 13.0911.12, it will be sufficient for the Holder of a Note to certify in a satisfactory manner (indicating the sources of information used) that it would have suffered a loss had an actual purchase of U.S. dollars Legal Tender been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of U.S. dollars Legal Tender on such date had not been practicable, on the first date on which it would have been practicable, it being required ) and that the need for a change of the purchase date be certified in the manner mentioned above). These indemnities constitute a separate and independent obligation from the Company’s other obligations, shall give rise to a separate and independent cause of action, shall apply irrespective of any indulgence granted by any Holder and shall continue in full force and effect despite any other judgment, order, claim or proof for a liquidated amount in respect of any sum due under any Notewas needed.

Currency Indemnity. U.S. dollars are the sole currency of account (a) The Issuer, and payment for each Guarantor, shall pay all sums payable by under this Indenture, the Company under Notes or such Guarantee, as applicable, solely in connection with the Notes, including damagesU.S. dollars. Any amount received or recovered in a currency other than U.S. dollars (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the Company or otherwise) by any Holder payee, in respect of any sum expressed to be due to it from the Company Issuer or any Guarantor, shall only constitute a discharge to the Company Issuer or any such Guarantor to the extent of the U.S. dollar amount which the recipient a Person is able to purchase with the amount so received or recovered in that other currency on the date of that the receipt or recovery (or, if it is not practicable to make that the purchase on that date, on the first date on which it such payee is practicable able to do so). If that the U.S. dollar amount is less than the U.S. dollar amount expressed to be due to the recipient Trustee under this Indenture or any Holder under this Indenture or any Note, the Company Issuer, and any Guarantor, shall indemnify the recipient such payee against any loss sustained by it sustains as a result. In any event, the Company Issuer and the Guarantors shall indemnify each payee, to the recipient extent permitted under applicable Law, against the cost of making any such purchasepurchase of U.S. dollars. For the purposes of this Section 13.0917.16, it will shall be sufficient for the Holder a payee to certify in a satisfactory manner (indicating the sources of information used) that it would have suffered a loss had an actual purchase of U.S. dollars been made with the amount so received in that other currency on the date of receipt or recovery (or, if a it was not practicable to make the purchase of U.S. dollars on such date had not been practicablethat date, on the first date on which it would have been practicablewas able to do so. In addition, it being payees shall also be required that to certify in a satisfactory manner the need for a change of date be certified in the manner mentioned above). These indemnities constitute a separate and independent obligation from the Company’s other obligations, shall give rise to a separate and independent cause of action, shall apply irrespective of any indulgence granted by any Holder and shall continue in full force and effect despite any other judgment, order, claim or proof for a liquidated amount in respect of any sum due under any Notepurchase date.

Currency Indemnity. U.S. dollars Dollars are the sole currency of account and payment for all sums payable by the Company or the Guarantor under or in connection with the NotesNotes and the Note Guaranty, including damages. Any amount received or recovered in a currency other than U.S. dollars Dollars (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the Company or otherwise) by any Holder of a Note in respect of any sum expressed to be due to it from the Company or the Guarantor shall only constitute a discharge to the Company or the Guarantor, as the case may be, to the extent of the dollar U.S. Dollar amount which the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable to make that purchase on that date, on the first date on which it is practicable to do so). If that dollar U.S. Dollar amount is less than the dollar U.S. Dollar amount expressed to be due to the recipient under any Note, the Company and the Guarantor shall indemnify the recipient such Holder against any loss sustained by it as a result, and if the amount of U.S. Dollars so purchased is greater than the sum originally due to such Holder, such Holder shall, by accepting a Note, be deemed to have agreed to repay such excess. In any event, the Company and the Guarantor shall indemnify the recipient against the cost of making any such purchase. For the purposes of this Section 13.0911.07, it will shall be sufficient for the Holder of a Note to certify in a satisfactory manner (indicating the sources of information used) that it would have suffered a loss had an actual purchase of U.S. dollars Dollars been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of U.S. dollars Dollars on such date had not been practicable, on the first date on which it would have been practicable, it being required that the need for a change of date be certified in the manner mentioned above). These indemnities constitute a separate and independent obligation from the Company’s other obligationsobligations of the Company and the Guarantors, shall give rise to a separate and independent cause of action, shall apply irrespective of any indulgence granted by any Holder of a Note and shall continue in full force and effect despite any other judgment, order, claim or proof for a liquidated amount in respect of any sum due under any Note.

Currency Indemnity. U.S. dollars are the sole currency of account and payment for all sums payable by the Company or the Guarantor under or in connection with the NotesSecurities or the Security Guarantee, including damages. Any amount received or recovered in a currency other than U.S. dollars (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the Company or the Guarantor or otherwise) by any Holder of a Security in respect of any sum expressed to be due to it from the Company or the Guarantor shall only constitute a discharge to the Company or the Guarantor to the extent of the U.S. dollar amount which the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable to make that purchase on that date, on the first date on which it is practicable to do so). If that U.S. dollar amount is less than the U.S. dollar amount expressed to be due to the recipient under any NoteSecurity or the Security Guarantee, the Company and the Guarantor shall indemnify the recipient against any loss sustained by it as a result. In any event, the Company and the Guarantor shall indemnify the recipient against the cost of making any such purchase. For the purposes of this Section 13.09paragraph, it will be sufficient for the Holder of a Security to certify in a satisfactory manner (indicating the sources of information used) that it would have suffered a loss had an actual purchase of U.S. dollars been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of U.S. dollars on such date had not been practicable, on the first date on which it would have been practicable, it being required that the need for a change of date be certified in the manner mentioned above). These indemnities constitute a separate and independent obligation from the Company’s and the Guarantor’s other obligations, shall give rise to a separate and independent cause of action, shall apply irrespective of any indulgence granted by any Holder of a Security and shall continue in full force and effect despite any other judgment, order, claim or proof for a liquidated amount in respect of any sum due under any Note.Security. 84

Currency Indemnity. U.S. dollars are the sole currency of account and payment for all sums payable by the Company under or in connection with the Notes, including damages. Any amount received or recovered in a currency other than U.S. dollars (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the Company or otherwise) by any Holder in respect of any sum expressed to be due to it from the Company shall only constitute a discharge to the Company to the extent of the dollar amount which the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable to make that purchase on that date, on the first date on which it is practicable to do so). If that dollar amount is less than the dollar amount expressed to be due to the recipient under any Note, the Company shall indemnify the recipient against any loss sustained by it as a result. In any event, the Company shall indemnify the recipient against the 75 cost of making any such purchase. For the purposes of this Section 13.09, it will be sufficient for the Holder to certify in a satisfactory manner (indicating the sources of information used) that it would have suffered a loss had an actual purchase of U.S. dollars been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of U.S. dollars on such date had not been practicable, on the first date on which it would have been practicable, it being required that the need for a change of date be certified in the manner mentioned above). These indemnities constitute a separate and independent obligation from the Company’s other obligations, shall give rise to a separate and independent cause of action, shall apply irrespective of any indulgence granted by any Holder and shall continue in full force and effect despite any other judgment, order, claim or proof for a liquidated amount in respect of any sum due under any Note.

Currency Indemnity. U.S. dollars are The Contractual Currency is the sole currency of account and payment for all sums payable by the Company Corporation under or in connection with the NotesSecurities and this Indenture, including damages. Any amount received or recovered in a currency other than U.S. dollars the Contractual Currency in respect of the Securities (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up winding up, liquidation or dissolution of the Company Corporation, any Subsidiary or otherwise) by any the Holder in respect of any sum expressed to be due to it from the Company Corporation shall only constitute a discharge to of the Company Corporation only to the extent of the dollar Contractual Currency amount which the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable possible to make that purchase on that date, on the first date on which it is practicable possible to do so). If that dollar purchased amount is less than the dollar Contractual Currency amount expressed to be due to the recipient under any NoteSecurity, the Company Corporation shall indemnify the recipient against any loss sustained by it as a result. In any event, the Company shall indemnify the recipient against the cost of making any such purchase. For the purposes of this Section 13.09indemnity, it will be sufficient for the Holder to certify in a satisfactory manner (indicating the sources of information used) that it would have suffered a loss had an the actual purchase of U.S. dollars Contractual Currency been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of U.S. dollars Contractual Currency on such date had not been practicablepossible, on the first date on which it would have been practicable, it being required that the need for a change of date be certified in the manner mentioned abovepossible). These indemnities The foregoing indemnity will, to the extent permitted by law: (i) constitute a separate and independent obligation from the Company’s other obligations, shall obligations of the Corporation; (ii) give rise to a separate and independent cause of action, shall ; (iii) apply irrespective of any indulgence waiver granted by any Holder Holder; and shall (iv) continue in full force and effect despite any other judgment, order, claim or proof for a liquidated amount in respect of any sum due under any NoteSecurity or any other judgment or order.

Currency Indemnity. U.S. dollars are (a) The euro is the sole currency of account and payment for all sums payable by the Company Issuer and any Note Guarantor under or in connection with the NotesNotes or this Indenture, including damages. Any amount received or recovered in a currency other than U.S. dollars euros in respect of the Notes (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the Company Issuer, a Note Guarantor or any Subsidiary of the Issuer or otherwise) by any Holder of the Notes in respect of any sum expressed to be due to it from the Company Issuer or any Note Guarantor shall only constitute a discharge to of them under the Company Notes and this Indenture only to the extent of the dollar euro amount which the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable to make that purchase on that date, on the first date on which it is practicable to do so). If that dollar euro amount is less than the dollar euro amount expressed to be due to the recipient under any Notethe Notes or this Indenture, the Company Issuer and the Note Guarantors shall jointly and severally indemnify and hold harmless the recipient recipient, to the greatest extent permitted by law, against any loss or cost sustained by it as a result. In any event, the Company shall indemnify the recipient against the cost of in making any such purchase. For the purposes of this Section 13.0912.14, it will be sufficient for the Holder of a Note to certify in a satisfactory manner (indicating the sources of information used) that it would have suffered a loss had an actual purchase of U.S. dollars euro been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of U.S. dollars euro on such date had not been practicable, on the first date on which it would have been practicable, it being required that the need for a change of date be certified in the manner mentioned above). These indemnities constitute a separate and independent obligation from the Company’s other obligations, shall give rise to a separate and independent cause of action, shall apply irrespective of any indulgence granted by any Holder and shall continue in full force and effect despite any other judgment, order, claim or proof for a liquidated amount in respect of any sum due under any Note.

Currency Indemnity. U.S. dollars are the sole currency of account and payment for all sums payable by the Company under or in connection with the Notes, including damages. Any amount received or recovered in a currency other than U.S. dollars (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the Company or otherwise) by any Holder in respect of any sum expressed to be due to it from the Company shall only constitute a discharge to the Company to the extent of the dollar amount which the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable to make that purchase on that date, on the first date on which it is practicable to do so). If that dollar amount is less than the dollar amount expressed to be due to the recipient under any Note, the Company shall indemnify the recipient against any loss sustained by it as a result. In any event, the Company shall indemnify the recipient against the cost of making any such purchase. For the purposes of this Section 13.0911.09, it will be sufficient for the Holder to certify in a satisfactory manner (indicating the sources of information used) that it would have suffered a loss had an actual purchase of U.S. dollars been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of U.S. dollars on such date had not been practicable, on the first date on which it would have been practicable, it being required that the need for a change of date be certified in the manner mentioned above). These indemnities constitute a separate and independent obligation from the Company’s other obligations, shall give rise to a separate and independent cause of action, shall apply irrespective of any indulgence granted by any Holder and shall continue in full force and effect despite any other judgment, order, claim or proof for a liquidated amount in respect of any sum due under any Note.

Currency Indemnity. U.S. dollars are the sole currency of account (a) The Company and payment for each Guarantor will pay all sums payable by under this Indenture or the Company under or notes solely in connection with the Notes, including damagesU.S. dollars. Any amount received that a Holder of Notes receives or recovered recovers in a currency other than U.S. dollars (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the Company or otherwise) by any Holder in respect of any sum expressed to be due to it from the Company shall or any Guarantor will only constitute a discharge to of the Company Notes to the extent of the U.S. dollar amount which the recipient such Holder is able to purchase with the amount so received or recovered in that other currency on the date of that the receipt or recovery (or, if it is not practicable to make that the purchase on that date, on the first date on which it such Holder is practicable able to do so). If that the U.S. dollar amount is less than the U.S. dollar amount expressed to be due to the recipient such Holder under any Note, the Company shall and the Guarantors will jointly and severally indemnify the recipient such Holder against any loss sustained by it sustains as a result. In any event, the Company shall and the Guarantors will jointly and severally indemnify the recipient such Holder against the cost of making any such purchasepurchase of U.S. dollars. For the purposes of this Section 13.09clause (a), it will be sufficient for the such Holder to certify in a satisfactory manner (indicating the sources of information used) that it such Holder would have suffered a loss had an actual purchase of U.S. dollars been made with the amount so received in that other currency on the date of receipt or recovery (or, if a it was not practicable to make the purchase of U.S. dollars on such date had not been practicablethat date, on the first date on which it would have been practicablesuch Holder was able to do so. In addition, it being such Holder will also be required that to certify in a satisfactory manner the need for a change of date be certified in the manner mentioned above). These indemnities constitute a separate and independent obligation from the Company’s other obligations, shall give rise to a separate and independent cause of action, shall apply irrespective of any indulgence granted by any Holder and shall continue in full force and effect despite any other judgment, order, claim or proof for a liquidated amount in respect of any sum due under any Notepurchase date.

Currency Indemnity. Except as otherwise contemplated by Section 2.01 for Securities of any series, U.S. dollars are is the sole currency of account and payment for all sums payable by the Company Issuer under or in connection with the NotesSecurities, including any damages. Any amount received or recovered in a currency other than U.S. dollars (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the Company Issuer or otherwise) otherwise by any Holder or beneficial owner of the Securities) in respect of any sum expressed to be due to it from the Company Issuer shall only constitute a discharge to of the Company Issuer only to the extent of the U.S. dollar amount which the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable to make that purchase on that date, on the first date on which it is practicable to do so). If that U.S. dollar amount is less than the U.S. dollar amount expressed to be due to the recipient or the Trustee under any NoteSecurity, the Company Issuer shall indemnify the recipient or the Trustee against any loss sustained by it as a result. In any event, the Company shall indemnify the recipient against including the cost of making any such purchase. For the purposes of this Section 13.09indemnity, it will be sufficient prima facia evidence of the matter stated therein or otherwise for the Holder or to certify in a manner reasonably satisfactory manner to the Issuer (indicating the sources of information used) that it would have suffered a the loss had an actual purchase of U.S. dollars been made with it incurred in making any such purchase. The above indemnity, to the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of U.S. dollars on such date had not been practicable, on the first date on which it would have been practicable, it being required that the need for a change of date be certified in the manner mentioned above). These indemnities constitute a separate and independent obligation from the Company’s other obligations, shall give rise to a separate and independent cause of action, shall apply irrespective of any indulgence granted extent permitted by any Holder and shall continue in full force and effect despite any other judgment, order, claim or proof for a liquidated amount in respect of any sum due under any Note.law:

Currency Indemnity. U.S. dollars are The Company agrees, to the sole fullest extent that it may effectively do so under applicable law, that (a) if for the purpose of obtaining judgment in any court it is necessary to convert the sum due in respect of the principal of, or premium or interest, if any, on or Additional Amounts, if any, in respect of, the 2020 Senior Notes (the "Required Currency") into a currency in which a judgment will be rendered (the "Judgment Currency"), the rate of account and payment for all sums payable by exchange used shall be the Company under or rate at which in connection accordance with normal banking procedures the Trustee could purchase in The City of New York the requisite amount of the Required Currency with the NotesJudgment Currency on the New York Banking Day preceding the day on which a final unappealable judgment is given and (b) its obligations under the Indenture to make payments in the Required Currency (i) shall not be satisfied or discharged by any tender, including damages. Any amount received or recovered any recovery pursuant to any judgment (whether or not entered in a accordance with clause (a)), in any currency other than U.S. dollars (whether as a the Required Currency, except to the extent that such tender or recovery shall result ofin the actual receipt, or by the payee, of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up or dissolution full amount of the Company or otherwise) by any Holder Required Currency expressed to be payable in respect of any sum such payments, (ii) shall be enforceable as an alternative or additional cause of action for the purpose of recovering in the Required Currency the amount, if any, by which such actual receipt shall fall short of the full amount of the Required Currency so expressed to be due to it from the Company payable and (iii) shall only constitute a discharge to the Company to the extent of the dollar amount which the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable to make that purchase on that date, on the first date on which it is practicable to do so). If that dollar amount is less than the dollar amount expressed to be due to the recipient under any Note, the Company shall indemnify the recipient against any loss sustained affected by it as a result. In any event, the Company shall indemnify the recipient against the cost of making any such purchase. For the purposes of this Section 13.09, it will be sufficient judgment being obtained for the Holder to certify in a satisfactory manner (indicating the sources of information used) that it would have suffered a loss had an actual purchase of U.S. dollars been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of U.S. dollars on such date had not been practicable, on the first date on which it would have been practicable, it being required that the need for a change of date be certified in the manner mentioned above). These indemnities constitute a separate and independent obligation from the Company’s other obligations, shall give rise to a separate and independent cause of action, shall apply irrespective of any indulgence granted by any Holder and shall continue in full force and effect despite any other judgment, order, claim or proof for a liquidated amount in respect of any sum due under any Note.the Indenture. For purposes of the foregoing, "

Currency Indemnity. U.S. dollars are the The sole currency of account and payment for all sums payable by the Company Issuers under or in connection with the Notes, including damagesthis Indenture is U.S. Dollars. Any amount received or recovered in a currency other than U.S. dollars Dollars (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the Company Issuers, any Subsidiary or otherwise) by any the Holder in respect of any sum expressed to be due to it from the Company shall only Issuers will constitute a discharge to of the Company Issuers only to the extent of the dollar U.S. Dollar amount which the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable possible to make that purchase on that date, on the first date on which it is practicable possible to do so). If that dollar U.S. Dollar amount is less than the dollar U.S. Dollar amount expressed to be due to the recipient under any Note, the Company shall Issuers will indemnify the recipient against any loss sustained by it as a result. In any event, event the Company shall Issuers will indemnify the recipient against the cost of making any such purchase. For the purposes of this Section 13.09indemnity, it will be sufficient for the Holder to certify in a satisfactory manner (indicating the sources of information used) that it would have suffered a loss had an actual purchase of U.S. dollars Dollar amount been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of U.S. dollars Dollar amount on such date had not been practicable, on the first date on which it would have been practicable, it being required that the need for a change of date be certified in the manner mentioned above). These indemnities constitute a separate and independent obligation from the Company’s other obligationsobligations of the Issuers, shall will give rise to a separate and independent cause of action, shall will apply irrespective of any indulgence waiver granted by any Holder and shall will continue in full force and effect despite any other judgment, order, claim or proof for a liquidated amount in respect of any sum due under any NoteNote or any other judgment or order.

Currency Indemnity. U.S. dollars are the sole currency of account and payment for all sums payable by the Company under or in connection with the Notes, including damages. Any amount received or recovered in a currency other than U.S. dollars (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the Company or otherwise) by any Holder of a Note in respect of any sum expressed to be due to it from the Company shall only constitute a discharge to the Company to the extent of the U.S. dollar amount which the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable to make that purchase on that date, on the first date on which it is practicable to do so). If that U.S. dollar amount is less than the U.S. dollar amount expressed to be due to the recipient under any Note, the Company shall indemnify the recipient it against any loss sustained by it as a result. If the dollar amount is greater than the dollar amount expressed to be due to the recipient under this Agreement, the Company shall be entitled to the amount of such excess. In any event, the Company shall indemnify the recipient against the cost of making any such purchase. For the purposes of this Section 13.09subsection, it will be sufficient for the Trustee or any Holder of a Note to certify in a satisfactory manner (indicating the sources of information used) that it would have suffered a loss had an actual purchase of U.S. dollars been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of U.S. dollars on such date had not been practicable, on the first date on which it would have been practicable, it being required that the need for a change of date be certified in the manner mentioned above). These indemnities constitute a separate and independent obligation from the Company’s 's other obligations, shall give rise to a separate and independent cause of action, shall apply irrespective of any indulgence granted by the Trustee or any Holder of a Note and shall continue in full force and effect despite any other judgment, order, claim or proof for a liquidated amount in respect of any sum due under any Note.

Currency Indemnity. U.S. dollars are the sole currency of account (a) The Company, and payment for each Guarantor, shall pay all sums payable by under this Indenture, the Company under Notes or such Note Guarantee, as applicable, solely in connection with the Notes, including damagesU.S. dollars. Any amount received or recovered in a currency other than U.S. dollars (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the Company or otherwise) by any Holder payee, in respect of any sum expressed to be due to it from the Company or any Guarantor, shall only constitute a discharge to the Company or any such Guarantor to the extent of the U.S. dollar amount which the recipient a Person is able to purchase with the amount so received or recovered in that other currency on the date of that the receipt or recovery (or, if it is not practicable to make that the purchase on that date, on the first date on which it such payee is practicable able to do so). If that the U.S. dollar amount is less than the U.S. dollar amount expressed to be due to the recipient Trustee under this Indenture or any Holder under this Indenture or any Note, the Company Company, and any Guarantor, shall indemnify the recipient such payee against any loss sustained by it sustains as a result. In any event, the Company and the Guarantors shall indemnify each payee, to the recipient extent permitted under applicable law, against the cost of making any such purchasepurchase of U.S. dollars. For the purposes of this Section 13.09, it will shall be sufficient for the Holder a payee to certify in a satisfactory manner (indicating the sources of information used) that it would have suffered a loss had an actual purchase of U.S. dollars been made with the amount so received in that other currency on the date of receipt or recovery (or, if a it was not practicable to make the purchase of U.S. dollars on such date had not been practicablethat date, on the first date on which it would have been practicablewas able to do so. In addition, it being payees shall also be required that to certify in a satisfactory manner the need for a change of date be certified in the manner mentioned above). These indemnities constitute a separate and independent obligation from the Company’s other obligations, shall give rise to a separate and independent cause of action, shall apply irrespective of any indulgence granted by any Holder and shall continue in full force and effect despite any other judgment, order, claim or proof for a liquidated amount in respect of any sum due under any Notepurchase date.

Currency Indemnity. U.S. dollars are the sole currency of account (a) The Company, and payment for each Guarantor, shall pay all sums payable by under this Indenture, the Company under Notes or such Note Guarantee, as applicable, solely in connection with the Notes, including damagesU.S. dollars. Any amount received or recovered in a currency other than U.S. dollars (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the Company or otherwise) by any Holder payee, in respect of any sum expressed to be due to it from the Company or any Guarantor, shall only constitute a discharge to the Company or any such Guarantor to the extent of the U.S. dollar amount which the recipient such payee is able to purchase with the amount so received or recovered in that other currency on the date of that the receipt or recovery (or, if it is not practicable to make that the purchase on that date, on the first date on which it such payee is practicable able to do so). If that the U.S. dollar amount is less than the U.S. dollar amount expressed to be due to the recipient Trustees under this Indenture or any Holder under this Indenture or any Note, the Company Company, and any Guarantor, shall indemnify the recipient such payee against any loss sustained by it sustains as a result. In any event, the Company and the Guarantors shall indemnify each payee, to the recipient extent permitted under applicable law, against the cost of making any such purchasepurchase of U.S. dollars. For the purposes of this Section 13.09, it will shall be sufficient for the Holder a payee to certify in a satisfactory manner (indicating the sources of information used) that it would have suffered a loss had an actual purchase of U.S. dollars been made with the amount so received in that other currency on the date of receipt or recovery (or, if a it was not practicable to make the purchase of U.S. dollars on such date had not been practicablethat date, on the first date on which it would have been practicablewas able to do so. In addition, it being payees shall also be required that to certify in a satisfactory manner the need for a change of date be certified in the manner mentioned above). These indemnities constitute a separate and independent obligation from the Company’s other obligations, shall give rise to a separate and independent cause of action, shall apply irrespective of any indulgence granted by any Holder and shall continue in full force and effect despite any other judgment, order, claim or proof for a liquidated amount in respect of any sum due under any Notepurchase date.

Currency Indemnity. U.S. dollars Dollars are the sole currency of account and payment for all sums payable by the Company or any of the Guarantors under or in connection with the NotesBonds, including damages. Any amount received or recovered in a currency other than U.S. dollars Dollars (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the Company Company, any of the Guarantors or otherwise) by any Holder of a Bond in respect of any sum expressed to be due to it from the Company or any of the Guarantors shall only constitute a discharge to the Company or such Guarantor, as the case may be, to the extent of the dollar U.S. Dollar amount which the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable to make that purchase on that date, on the first date on which it is practicable to do so). If that dollar U.S. Dollar amount is less than the dollar U.S. Dollar amount expressed to be due to the recipient under any NoteBond, the Company and each of the Guarantors shall jointly and severally indemnify the recipient such Holder against any loss sustained by it as a result; and if the amount of U.S. Dollars so purchased is greater than the sum originally due to such Holder, such Holder shall, by accepting a Bond, be deemed to have agreed to repay such excess. In any event, the Company and each of the Guarantors shall jointly and severally indemnify the recipient against the cost of making any such purchase. For the purposes of this Section 13.09the preceding paragraph, it will shall be sufficient for the Holder of a Bond to certify in a satisfactory manner (indicating the sources of information used) that it would have suffered a loss had an actual purchase of U.S. dollars Dollars been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of U.S. dollars Dollars on such date had not been practicable, on the first date on which it would have been practicable, it being required that the need for a change of date be certified in the manner mentioned above). These indemnities constitute a separate and independent obligation from the other obligations of the Company’s other obligations, shall give rise to a separate and independent cause of action, shall apply irrespective of any indulgence granted by any Holder of a Bond and shall continue in full force and effect despite any other judgment, order, claim or proof for a liquidated amount in respect of any sum due under any NoteBond.

Currency Indemnity. U.S. dollars Dollars are the sole currency of account and payment for all sums payable by the Company or the Guarantors under or in connection with the NotesNotes and the Note Guarantees, including damages. Any amount received or recovered in a currency other than U.S. dollars Dollars (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the Company or otherwise) by any Holder of a Note in respect of any sum expressed to be due to it from the Company or any Guarantor shall only constitute a discharge to the Company or the Guarantors, as the case may be, to the extent of the dollar U.S. Dollar amount which that the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable to make that purchase on that date, on the first date on which it is practicable to do so). If that dollar U.S. Dollar amount is less than the dollar U.S. Dollar amount expressed to be due to the recipient under any Note, the Company and the Guarantors shall indemnify the recipient such Holder against any loss sustained by it as a result, and if the amount of U.S. Dollars so purchased is greater than the sum originally due to such Holder, such Holder shall, by accepting a Note, be deemed to have agreed to repay such excess. In any event, the Company and the Guarantors shall indemnify the recipient against the cost of making any such purchase. For the purposes of this Section 13.0911.06, it will shall be sufficient for the Holder of a Note to certify in a satisfactory manner (indicating the sources of information used) that it would have suffered a loss had an actual purchase of U.S. dollars Dollars been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of U.S. dollars Dollars on such date had not been practicable, on the first date on which it would have been practicable, it being required that the need for a change of date be certified in the manner mentioned above). These indemnities constitute a separate and independent obligation from the Company’s other obligationsobligations of the Company and the Guarantors, shall give rise to a separate and independent cause of action, shall apply irrespective of any indulgence granted by any Holder of a Note and shall continue in full force and effect despite any other judgment, order, claim or proof for a liquidated amount in respect of any sum due under any Note.. Exh. 2.3-61

Currency Indemnity. U.S. dollars are the sole currency of account and payment for all sums payable by the Company under or in connection with the NotesSecurities, including damages. Any amount received or recovered in a currency other than U.S. dollars (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the Company or otherwise) by any Holder of a Security in respect of any sum expressed to be due to it from the Company shall only constitute a discharge to the Company to the extent of the U.S. dollar amount which the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable to make that purchase on that date, on the first date on which it is practicable to do so). If that U.S. dollar amount is less than the U.S. dollar amount expressed to be due to the recipient under any NoteSecurity, the Company shall indemnify the recipient against any loss sustained by it as a result. In any event, the Company shall indemnify the recipient against the cost of making any such purchase. For the purposes of this Section 13.09paragraph, it will be sufficient for the Holder of a Security to certify in a satisfactory manner (indicating the sources of information used) that it would have suffered a loss had an actual purchase of U.S. dollars been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of U.S. dollars on such date had not been practicable, on the first date on which it would have been practicable, it being required that the need for a change of date be certified in the manner mentioned above). These indemnities constitute a separate and independent obligation from the Company’s 's other obligations, shall give rise to a separate and independent cause of action, shall apply irrespective of any indulgence granted by any Holder and shall continue in full force and effect despite any other judgment, order, claim or proof for a liquidated amount in respect of any sum due under any Note.of

Currency Indemnity. U.S. dollars Dollars are the sole currency of account and payment for all sums payable by the Company under or in connection with the Notes, including damages. Any amount received or recovered in a currency other than U.S. dollars Dollars (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the Company or otherwise) by any Holder holder of a Note in respect of any sum expressed to be due to it from the Company shall only constitute a discharge to the Company to the extent of the dollar U.S. Dollar amount which the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable to make that purchase on that date, on the first date on which it is practicable to do so). If that dollar U.S. Dollar amount is less than the dollar U.S. Dollar amount expressed to be due to the recipient under any Note, the Company shall indemnify the recipient such holder against any loss sustained by it as a result, and if the amount of U.S. Dollars so purchased is greater than the sum originally due to such holder, such holder shall, by accepting a Note, be deemed to have agreed to repay such excess. In any event, the Company shall indemnify the recipient against the cost of making any such purchase. For the purposes of this Section 13.0917.12, it will shall be sufficient for the Holder holder of a Note to certify in a satisfactory manner (indicating the sources of information used) that it would have suffered a loss had an actual purchase of U.S. dollars Dollars been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of U.S. dollars Dollars on such date had not been practicable, on the first date on which it would have been practicable, it being required that the need for a change of date be certified in the manner mentioned above). These indemnities constitute a separate and independent obligation from the Company’s other obligations, shall give rise to a separate and independent cause of action, shall apply irrespective of any indulgence granted by any Holder and shall continue in full force and effect despite any other judgment, order, claim or proof for a liquidated amount in respect of any sum due under any Note.107

Currency Indemnity. U.S. dollars are the sole currency of account and payment for all sums payable by the Company under or in connection with the NotesNotes and this Indenture, including damages. Any amount received or recovered in a currency other than U.S. dollars (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the Company or otherwise) by any Holder of a Note in respect of any sum expressed to be due to it from the Company shall only constitute a discharge to the Company to the extent of the U.S. dollar amount which the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable to make that purchase on that date, on the first date on which it is practicable to do so). If that U.S. dollar amount is less than the U.S. dollar amount expressed to be due to the recipient under any Note, the Company shall be obligated to pay and shall indemnify the recipient against any loss sustained by it as a result. In any event, the Company shall indemnify the recipient against the cost of making any deficiency in such purchaseU.S. dollar amount. For the purposes of this Section 13.0912.09, it will be sufficient for the Holder of a Note to certify in a satisfactory manner (indicating the sources of information used) that it would have suffered a loss had an actual purchase of U.S. dollars been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of U.S. dollars on such date had not been practicable, on the first date on which it would have been practicable, it being required that the need for a change of date be certified in the manner mentioned above). These indemnities constitute a separate and independent obligation obligations from the Company’s 's other obligations, shall give rise to a separate and independent cause causes of action, shall apply irrespective of any indulgence granted by any Holder of a Note and shall continue in full force and effect despite any other judgment, order, claim or proof for a liquidated amount in respect of any sum due under any Note.

Currency Indemnity. U.S. dollars are the sole currency of account and payment for all sums payable by the Company under or in connection with the NotesNotes or this Indenture, including damages. Any amount received or recovered in a currency other than U.S. dollars (whether as a result of, or of through the enforcement of, a judgment or order of a court of any jurisdiction, in the Company’s winding-up or dissolution of the Company or otherwise) by any Holder of a Note or the Trustee in respect of any sum expressed to be due to it from the Company shall will only constitute a discharge to the Company to the extent of the U.S. dollar amount which that the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable to make that purchase on that date, on the first date on which it is practicable to do so). .) If that U.S. dollar amount is less than the U.S. dollar amount expressed to be due to the recipient under any NoteNote or this Indenture, the Company shall will indemnify such Holder or the recipient Trustee against any loss sustained by it as a result; and if the amount of U.S. dollars so purchased is greater than the sum originally due to such Holder or the Trustee, such Holder or the Trustee will, by accepting a Note, be deemed to have agreed to repay such excess. In any event, the Company shall will indemnify the recipient against the cost of making any such purchase. For the purposes of this Section 13.09the preceding paragraph, it will be sufficient for the Holder of a Note or the Trustee to certify in a satisfactory manner (indicating the sources of information used) that it would have suffered a loss had an actual purchase of U.S. dollars been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of U.S. dollars on such date had not been practicable, on the first date on which it would have been practicable, it being required that the need for a change of date be certified in the manner mentioned above). These indemnities constitute a separate and independent obligation from the Company’s other obligations, shall will give rise to a separate and independent cause of action, shall will apply irrespective of any indulgence granted by any Holder of a Note and shall will continue in full force and effect despite any other judgment, order, claim or proof for a liquidated amount in respect of any sum due under any Note.

Currency Indemnity. The U.S. dollars are dollar is the sole currency of account and payment for all sums payable by the Company Company, or any Subsidiary Guarantor, under or in connection with the Notes, including damagesIndenture. Any amount received or recovered in a currency other than U.S. dollars dollar in respect of the Notes or any Subsidiary Guarantee (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the Company Company, any Subsidiary Guarantor or otherwise) by any Holder the holder in respect of any sum expressed to be due to it from the Company shall only or any Subsidiary Guarantor will constitute a discharge to of the Company only to the extent of the U.S. dollar amount which the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable possible to make that purchase on that date, on the first date on which it is practicable possible to do so). If that U.S. dollar amount is less than the U.S. dollar amount expressed to be due to the recipient under any Note, or any Subsidiary Guarantee, the Company shall or the Subsidiary Guarantors will indemnify the recipient against any loss sustained by it as a result. In any event, event the Company shall will indemnify the recipient against the cost of making any such purchase. For the purposes of this Section 13.09indemnity, it will be sufficient for the Holder to certify in a satisfactory manner (indicating the sources of information used) that it would have suffered a loss had an actual purchase of U.S. dollars dollar been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of U.S. dollars dollar on such date had not been practicable, on the first date on which it would have been practicable, it being required that the need for a change of date be certified in the manner mentioned above). These indemnities constitute a separate and independent obligation from the Company’s other obligationsobligations of the Company and the Subsidiary Guarantors, shall will give rise to a separate and independent cause of action, shall will apply irrespective of any indulgence waiver granted by any Holder holder and shall will continue in full force and effect despite any other judgment, order, claim or proof for a liquidated amount in respect of any sum due under any NoteNote or any Subsidiary Guarantee or any other judgment or order.

Currency Indemnity. The U.S. dollars are dollar is the sole currency of account and payment for all sums payable by the Company under or and each Note Guarantor in connection with the Notes, including damages. Any amount received or recovered in a currency other than the U.S. dollars (whether as a result of, or dollar in respect of the enforcement of, a judgment Notes by the Trustee or order of a court of any jurisdiction, in the winding-up or dissolution of the Company or otherwise) by any Holder in respect of any sum expressed to be due to it from the Company shall only and any Note Guarantors will constitute a discharge to of the Company and any Note Guarantors only to the extent of the U.S. dollar amount which the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable possible to make that purchase on that date, on the first date on which it is practicable possible to do so). If that U.S. dollar amount is less than the U.S. dollar amount expressed to be due to the recipient under any Note, the Company shall and any Note Guarantors will jointly and severally indemnify the recipient against any loss sustained by it as a result. In any event, event the Company shall and any Note Guarantors will indemnify the recipient against the cost of making any such purchase. For the purposes of this Section 13.094.21, it will be sufficient for a Holder or the Holder Trustee to certify in a satisfactory manner (indicating the sources of information used) that it would have suffered a loss had an actual purchase of U.S. dollars been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of U.S. dollars on such date had not been practicable, on the first date on which it would have been practicable, it being required that ) and to certify in a satisfactory manner the need for a change of date be certified in the manner mentioned above)purchase date. These indemnities (1) constitute a separate and independent obligation from the Company’s other obligationsobligations of the Company and any Note Guarantors, shall (2) will give rise to a separate and independent cause of action, shall (3) will apply irrespective of any indulgence granted by any Holder and shall (4) will continue in full force and effect despite any other judgment, order, claim or proof for a liquidated amount in respect of any sum due under any NoteNote or any other judgment or order.

Currency Indemnity. U.S. dollars are the sole currency of account and payment for all sums payable by the Company or the Guarantor under or in connection with the NotesSecurities or the Security Guarantee, including damages. Any amount received or recovered in a currency other than U.S. dollars (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the Company or the Guarantor or otherwise) by any Holder of a Security in respect of any sum expressed to be due to it from the Company or the Guarantor shall only constitute a discharge to the Company or the Guarantor to the extent of the U.S. dollar amount which the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable to make that purchase on that date, on the first date on which it is practicable to do so). If that U.S. dollar amount is less than the U.S. dollar amount expressed to be due to the recipient under any NoteSecurity or the Security Guarantee, the Company and the Guarantor shall indemnify the recipient against any loss sustained by it as a result. In any event, the Company and the Guarantor shall indemnify the recipient against the cost of making any such purchase. For the purposes of this Section 13.09paragraph, it will be sufficient for the Holder of a Security to certify in a satisfactory manner (indicating the sources of information used) that it would have suffered a loss had an actual purchase of U.S. dollars been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of U.S. dollars on such date had not been practicable, on the first date on which it would have been practicable, it being required that the need for a change of date be certified in the manner mentioned above). These indemnities constitute a separate and independent obligation from the Company’s 's and the Guarantor's other obligations, shall give rise to a separate and independent cause of action, shall apply irrespective of any indulgence granted by any Holder of a Security and shall continue in full force and effect despite any other judgment, order, claim or proof for a liquidated amount in respect of any sum due under any NoteSecurity.

Currency Indemnity. U.S. dollars are the sole currency of account and payment for all sums payable by the Company Issuers or the Guarantors under or in connection with this Indenture, the Notes, the Guarantees and the Pledge Agreements, including damages. Any amount received or recovered in a currency other than U.S. dollars (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the Company Issuers or any Guarantor or otherwise) by any Holder or beneficial owner of Notes in respect of any sum expressed to be due to it from the Company shall Issuers and the Guarantors will only constitute a discharge to of the Company Issuers and the Guarantors to the extent of the U.S. dollar amount which that the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable to make that purchase on that date, on the first date on which it is practicable to do so). If that U.S. dollar amount is less than the U.S. dollar amount expressed to be due to the recipient under any NoteNotes, the Company shall Issuers and the Guarantors will indemnify the recipient such Holder or beneficial owner of Notes against any loss sustained by it as a result. In any event, the Company shall Issuers and the Guarantors will indemnify the recipient against the cost of making any such purchase. For the purposes of this Section 13.09the preceding paragraph, it will be sufficient for the Holder or beneficial owner of Notes to certify in a satisfactory manner (indicating the sources of information used) that it would have suffered a loss had an actual purchase of U.S. dollars been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of U.S. dollars on such date had not been practicable, on the first date on which it would have been practicable, it being required that the need for a change of date be certified in the manner mentioned above). These indemnities constitute a separate and independent obligation from the Company’s other obligationsobligations of the Issuers and the Guarantors, shall will give rise to a separate and independent cause of action, shall will apply irrespective of any indulgence granted by any Holder or owner of a beneficial interest in the Notes and shall will continue in full force and effect despite any other judgment, order, claim or proof for a liquidated amount in respect of any sum due under any NoteNotes.

Currency Indemnity. The U.S. dollars are Dollar is the sole currency of account and payment for all sums payable by the Company under or in connection with the Notes, including damagesthis 7-Year Note. Any amount received or recovered in a currency other than U.S. dollars Dollars (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-winding up or dissolution of the Company or otherwise) by any Holder of 7-Year Fixed Rate Notes in respect of any sum expressed to be due to it from the Company shall only constitute a discharge to of the Company to the extent of the dollar U.S. Dollar amount which the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable to make that purchase on that date, on the first date on which it is practicable to do so). If that dollar U.S. Dollar amount is less than the dollar U.S. Dollar amount expressed to be due to the recipient under any 7-Year Note, the Company shall indemnify the such recipient against any loss sustained by it as a result. In any event, the Company shall indemnify the recipient against the cost of making any such purchase. For the purposes of this Section 13.09paragraph, it will be sufficient for the Holder to certify in a satisfactory manner (indicating the sources of information used) that it would have suffered a loss had an actual purchase of U.S. dollars Dollars been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of U.S. dollars Dollars on such date had not been practicable, on or the first date on which it would have been practicable, it being required that the need for a change of date be certified in the manner mentioned above). These indemnities constitute a separate and independent obligation from the Company’s other obligations, shall give rise to a separate and independent cause of action, shall apply irrespective of any indulgence waiver granted by any Holder of 7-Year Fixed Rate Notes and shall continue in full force and effect despite any other judgment, order, claim or proof for a liquidated amount in respect of any sum due under any Note.7-Year Note or any other judgment or order. Defined Terms

Currency Indemnity. The U.S. dollars are Dollar is the sole currency of account and payment for all sums payable by the Company under or in connection with the Notes, including damagesthis Step-Up Note. Any amount received or recovered in a currency other than U.S. dollars Dollars (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-winding up or dissolution of the Company or otherwise) by any Holder of Step-Up Notes in respect of any sum expressed to be due to it from the Company shall only constitute a discharge to of the Company to the extent of the dollar U.S. Dollar amount which the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable to make that purchase on that date, on the first date on which it is practicable to do so). If that dollar U.S. Dollar amount is less than the dollar U.S. Dollar amount expressed to be due to the recipient under any Step-Up Note, the Company shall indemnify the such recipient against any loss sustained by it as a result. In any event, the Company shall indemnify the recipient against the cost of making any such purchase. For the purposes of this Section 13.09paragraph, it will be sufficient for the Holder to certify in a satisfactory manner (indicating the sources of information used) that it would have suffered a loss had an actual purchase of U.S. dollars Dollars been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of U.S. dollars Dollars on such date had not been practicable, on or the first date on which it would have been practicable, it being required that the need for a change of date be certified in the manner mentioned above). These indemnities constitute a separate and independent obligation from the Company’s other obligations, shall give rise to a separate and independent cause of action, shall apply irrespective of any indulgence waiver granted by any Holder of Step-Up Notes and shall continue in full force and effect despite any other judgment, order, claim or proof for a liquidated amount in respect of any sum due under any Note.Step-Up Note or any other judgment or order. Defined Terms

Currency Indemnity. The U.S. dollars are dollar is the sole currency of account and payment for all sums payable by the Company under or in connection with the Notes, including damagesIndenture. Any amount received or recovered in a currency other than U.S. dollars in respect of the Notes (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the Company or otherwise) by any the Holder in respect of any sum expressed to be due to it from the Company shall only will constitute a discharge to of the Company only to the extent of the U.S. dollar amount which the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable possible to make that purchase on that date, on the first date on which it is practicable possible to do so). If that U.S. dollar amount is less than the U.S. dollar amount expressed to be due to the recipient under any Note, the Company shall will indemnify the recipient against any loss sustained by it as a result. In any event, event the Company shall will indemnify the recipient against the cost of making any such purchase. For the purposes of this Section 13.09indemnity, it will be sufficient for the Holder to certify in a satisfactory manner (indicating the sources of information used) that it would have suffered a loss had an actual purchase of U.S. dollars been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of U.S. dollars on such date had not been practicable, on the first date on which it would have been practicable, it being required that the need for a change of date be certified in the manner mentioned above). These indemnities constitute a separate and independent obligation from the other obligations of the Company’s other obligations, shall will give rise to a separate and independent cause of action, shall will apply irrespective of any indulgence waiver granted by any Holder holder and shall will continue in full force and effect despite any other judgment, order, claim or proof for a liquidated amount in respect of any sum due under any NoteNote or any other judgment or order.

Currency Indemnity. U.S. dollars are Any payment or payments made to or for the sole currency account of account and payment for all sums payable by ------------------ the Company under or in connection with the Notes, including damages. Any amount received or recovered Lender in a currency (the currency in which the relevant payment is made being hereinafter referred to as "the Relevant Currency") other than U.S. dollars the currency in which such payment or payments are expressed to be payable under this Agreement and the Security Documents (the currency in which the relevant payment is expressed to be payable being hereafter referred to as "the Currency of Account") whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the Company Borrower or otherwise) by any Holder in respect of any sum expressed to be due to it from the Company shall only constitute a discharge to the Company Borrower to the extent of the dollar amount Currency of Account which the recipient Lender is able able, in accordance with its usual practice, to purchase with the amount so received or recovered in that other currency the Relevant Currency on the date of that receipt or recovery (or, if it is not practicable to make that purchase on that date, on the first date on which it is practicable to do so). If that dollar the amount of the Currency of Account is less than the dollar amount expressed to be due to the recipient Lender under any Notethis Agreement and the Security Documents, the Company Borrower shall indemnify the recipient Lender against any loss sustained by it as a result. In any event, the Company Borrower shall indemnify the recipient Lender against the cost of making any such purchase. For the purposes purpose of this Section 13.09, sub-Clause (3) it will shall be sufficient for the Holder Lender to certify in a satisfactory manner (indicating the sources of information used) demonstrate that it would have suffered a loss had an actual exchange or purchase of U.S. dollars been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of U.S. dollars on such date had not been practicable, on the first date on which it would have been practicable, it being required that the need for a change of date be certified in the manner mentioned above). These indemnities constitute a separate and independent obligation from the Company’s other obligations, shall give rise to a separate and independent cause of action, shall apply irrespective of any indulgence granted by any Holder and shall continue in full force and effect despite any other judgment, order, claim or proof for a liquidated amount in respect of any sum due under any Notemade.

Currency Indemnity. U.S. dollars are the sole currency of account and payment for all sums payable by the Company under or in connection with the Notes, including damages. Any amount received or recovered in a currency other than U.S. dollars (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the Company or otherwise) by any Holder of a Note in respect of any sum expressed to be due to it from the Company shall only constitute a discharge to the Company to the extent of the U.S. dollar amount which the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable to make that purchase on that date, on the first date on which it is practicable to do so). If that U.S. dollar amount is less than the U.S. dollar amount expressed to be due to the recipient under any Note, the Company shall indemnify the recipient it against any loss sustained by it as a result. If the dollar amount is greater than the dollar amount expressed to be due to the recipient under this Agreement, the Company shall be entitled to the amount of such excess. In any event, the Company shall indemnify the recipient against the cost of making any such purchase. For the purposes of this Section 13.09subsection, it will be sufficient for the Trustee or any Holder of a Note to certify in a satisfactory manner (indicating the sources of information used) that it would have suffered a loss had an actual purchase of U.S. dollars been made with the amount so received in that other currency 105 on the date of receipt or recovery (or, if a purchase of U.S. dollars on such date had not been practicable, on the first date on which it would have been practicable, it being required that the need for a change of date be certified in the manner mentioned above). These indemnities constitute a separate and independent obligation from the Company’s 's other obligations, shall give rise to a separate and independent cause of action, shall apply irrespective of any indulgence granted by the Trustee or any Holder of a Note and shall continue in full force and effect despite any other judgment, order, claim or proof for a liquidated amount in respect of any sum due under any Note.

Currency Indemnity. U.S. dollars are ‌ The Company and the sole currency of account and payment for Subsidiary Guarantors will pay all sums payable by under this Indenture, the Company under Notes or the Note Guarantees solely in connection with the Notes, including damagesU.S. Dollars. Any amount received or recovered in a currency other than U.S. dollars (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the Company or otherwise) by any Holder Dollars in respect of any sum expressed to be due to it the Trustee or any Holder from the Company shall or the Subsidiary Guarantors will only constitute a discharge to of the Company to the extent of the dollar U.S. Dollar amount which the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that the receipt or recovery (or, if it is not practicable to make that the purchase on that date, on the first date on which it is practicable possible to do so). If that dollar the U.S. Dollar amount is less than the dollar U.S. Dollar amount expressed to be due to the recipient under any Note, the Company shall will indemnify the recipient against any loss sustained by it as a result. In any event, the Company shall or the Subsidiary Guarantors will indemnify the recipient against the cost of making any such purchasepurchase of U.S. Dollars. For the purposes of this Section 13.094.19, it will be sufficient for a Holder or the Holder Trustee to certify (with reasonable documentation) in a satisfactory manner (indicating the sources of information used) that it would have suffered a loss had an actual purchase of U.S. dollars Dollars been made with the amount so received in that other currency on the date of receipt or recovery (or, if a it was not practicable to make the purchase of U.S. dollars on such date had not been practicablethat date, on the first date on which it would have been practicable, it being required that and to certify in a satisfactory manner the need for a change of date be certified in the manner mentioned above)purchase date. These indemnities (a) constitute a separate and independent obligation from the Company’s other obligationsobligations of the Company and the Subsidiary Guarantors, shall (b) will give rise to a separate and independent cause of action, shall (c) will apply irrespective of any indulgence granted by any Holder Holder, and shall (d) will continue in full force and effect despite any other judgment, order, claim or proof for a liquidated amount in respect of any sum due under any Note.

Currency Indemnity. U.S. dollars are ‌ The Company and the sole currency of account and payment for Subsidiary Guarantors will pay all sums payable by under this Indenture, the Company under Notes or the Note Guarantees solely in connection with the Notes, including damagesU.S. Dollars. Any amount received or recovered in a currency other than U.S. dollars (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the Company or otherwise) by any Holder Dollars in respect of any sum expressed to be due to it the Trustee or any Holder from the Company shall or the Subsidiary Guarantors will only constitute a discharge to of the Company to the extent of the dollar U.S. Dollar amount which the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that the receipt or recovery (or, if it is not practicable to make that the purchase on that date, on the first date on which it is practicable possible to do so). If that dollar the U.S. Dollar amount is less than the dollar U.S. Dollar amount expressed to be due to the recipient under any Note, the Company shall will indemnify the recipient against any loss sustained by it as a result. In any event, the Company shall or the Subsidiary Guarantors will indemnify the recipient against the cost of making any such purchasepurchase of U.S. Dollars. For the purposes of this Section 13.094.06, it will be sufficient for a Holder or the Holder Trustee to certify (with reasonable documentation) in a satisfactory manner (indicating the sources of information used) that it would have suffered a loss had an actual purchase of U.S. dollars Dollars been made with the amount so received in that other currency on the date of receipt or recovery (or, if a it was not practicable to make the purchase of U.S. dollars on such date had not been practicablethat date, on the first date on which it would have been practicable, it being required that and to certify in a satisfactory manner the need for a change of date be certified in the manner mentioned above)purchase date. These indemnities (a) constitute a separate and independent obligation from the Company’s other obligationsobligations of the Company and the Subsidiary Guarantors, shall (b) will give rise to a separate and independent cause of action, shall (c) will apply irrespective of any indulgence granted by any Holder Holder, and shall (d) will continue in full force and effect despite any other judgment, order, claim or proof for a liquidated amount in respect of any sum due under any Note.

Currency Indemnity. U.S. dollars are the sole currency of account and payment for all sums payable by the Company under or in connection with the Notes, including damages. Any amount received or recovered in a currency other than U.S. dollars (whether as a result of, or of the enforcement of, a judgment or order of a court Court of any jurisdiction, in the winding-up or dissolution of the Company or otherwise) by any Holder of a Note in respect of any sum expressed to be due to it from the Company shall only constitute a discharge to the Company to the extent of the dollar amount which the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable to make that purchase on that date, on the first date on which it is practicable to do so). If that dollar amount is less than the dollar amount expressed to be due to the recipient under any Note, the Company shall indemnify the recipient it against any loss sustained by it as a result. In any event, the Company shall indemnify the recipient against the cost of making any such purchase. For the purposes of this Section 13.09117, it will be sufficient for the Holder of a Note to certify in a satisfactory manner (indicating the sources of information used) that it would have suffered a loss had an actual purchase of U.S. dollars been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of U.S. dollars on or such date had not been practicable, on the first date on which it would have been practicable, it being required that the need for a change of date be certified in the manner mentioned above). These indemnities constitute a separate and independent obligation from the Company’s 's other obligations, shall give rise to a separate and independent cause of action, shall apply irrespective of any indulgence granted by any Holder of a Note and shall continue in full force and effect despite any other judgment, order, claim class or proof for a liquidated amount in respect of any sum due under any Note.

Currency Indemnity. U.S. dollars Dollars are the sole currency of account and payment for all sums payable by the Company under or in connection with the Notes, including damages. Any amount received or recovered in a currency other than U.S. dollars Dollars (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the Company or otherwise) by any Holder of a Note in respect of any sum expressed to be due to it from the Company shall only constitute a discharge to of the Company to the extent of the dollar U.S. Dollar amount which the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable to make that purchase on that date, on the first date on which it is practicable to do so). If that dollar U.S. Dollar amount is less than the dollar U.S. Dollar amount expressed to be due to the recipient under any Note, the Company shall indemnify the recipient such Holder against any loss sustained by it as a result; and if the amount of U.S. Dollars so purchased is greater than the sum originally due to such Holder, such Holder shall, by accepting a Note, be deemed to have agreed to repay such excess. In any event, the Company shall indemnify the recipient against the cost of making any such purchase. For the purposes of this Section 13.0911.6, it will shall be sufficient for the Holder of a Note to certify in a satisfactory manner (indicating the sources of information used) that it would have suffered a loss had an actual purchase of U.S. dollars Dollars been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of U.S. dollars Dollars on such date had not been practicable, on the first date on which it would have been practicable, it being required that the need for a change of date be certified in the manner mentioned above). These indemnities constitute a separate and independent obligation from the other obligations of the Company’s other obligations, shall give rise to a separate and independent cause of action, shall apply irrespective of any indulgence granted by any Holder of a Note and shall continue in full force and effect despite any other judgment, order, claim or proof for a liquidated amount in respect of any sum due under any Note.

Currency Indemnity. U.S. dollars are The euro is the sole currency of account and payment for all sums payable by the Company under or in connection with the Notes, Notes including damages. Any amount received or recovered in a currency other than U.S. dollars (euro, whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the Company or otherwise) , by any Holder of a Note or by the Trustee in respect of any sum expressed to be due to it from the Company shall will only constitute a discharge to the Company to the extent of the dollar euro amount which the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable to make that purchase on that date, on the first date on which it is practicable to do so). If that dollar euro amount is less than the dollar euro amount expressed to be due to the recipient under any NoteNote or the Trustee, the Company shall will indemnify the recipient them against any loss sustained by it such recipient as a result. In any event, the Company shall will indemnify the recipient against the cost of making any such purchase. For the purposes of this Section 13.09currency indemnity provision, it will be sufficient for the Holder of a Note or the Trustee to certify in a satisfactory manner (indicating the sources of information used) that it would have suffered a loss had an actual purchase of U.S. dollars euro been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of U.S. dollars euro on such date had not been practicable, on the first date on which it would have been practicable, it being required that the need for a change of date be certified in the manner mentioned above). These indemnities constitute a separate and independent obligation from the Company’s other obligations, shall will give rise to a separate and independent cause of action, shall will apply irrespective of any indulgence granted by any Holder of a Note or the Trustee and shall will continue in full force and effect despite any other judgment, order, claim or proof for a liquidated amount in respect of any sum due under any NoteNote or to the Trustee.

Currency Indemnity. U.S. dollars are The Company and the sole currency of account and payment for Subsidiary Guarantors will pay all sums payable by under this Indenture, the Company under Notes or the Note Guarantees solely in connection with the Notes, including damagesU.S. dollars. Any amount received or recovered in a currency other than U.S. dollars (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the Company or otherwise) by any Holder in respect of any sum expressed to be due to it the Trustee or any Holder from the Company shall or the Subsidiary Guarantors will only constitute a discharge to of the Company to the extent of the U.S. dollar amount which the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that the receipt or recovery (or, if it is not practicable to make that the purchase on that date, on the first date on which it is practicable possible to do so). If that the U.S. dollar amount is less than the U.S. dollar amount expressed to be due to the recipient under any Note, the Company shall will indemnify the recipient against any loss sustained by it as a result. In any event, the Company shall or the Subsidiary Guarantors will indemnify the recipient against the cost of making any such purchasepurchase of U.S. dollars. For the purposes of this Section 13.094.18, it will be sufficient for a Holder or the Holder Trustee to certify (with reasonable documentation) in a satisfactory manner (indicating the sources of information used) that it would have suffered a loss had an actual purchase of U.S. dollars been made with the amount so received in that other currency on the date of receipt or recovery (or, if a it was not practicable to make the purchase of U.S. dollars on such date had not been practicablethat date, on the first date on which it would have been practicable, it being required that and to certify in a satisfactory manner the need for a change of date be certified in the manner mentioned above)purchase date. These indemnities (1) constitute a separate and independent obligation from the Company’s other obligationsobligations of the Company and the Subsidiary Guarantors, shall (2) will give rise to a separate and independent cause of action, shall (3) will apply irrespective of any indulgence granted by any Holder Holder, and shall (4) will continue in full force and effect despite any other judgment, order, claim or proof for a liquidated amount in respect of any sum due under any Note.

Currency Indemnity. U.S. dollars are the sole currency of account The Company and payment for each Guarantor shall pay all sums payable by under this Indenture or the Company under or Notes solely in connection with the Notes, including damagesdollars. Any amount received that a Holder or recovered the Trustee (each, a “Payee”) of Notes receives or recovers in a currency other than U.S. dollars (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the Company or otherwise) by any Holder in respect of any sum expressed to be due to it from the Company shall or any Guarantor will only constitute a discharge to of the Company Notes to the extent of the dollar amount which the recipient such Payee is able to purchase with the amount so received or recovered in that other currency on the date of that the receipt or recovery (or, if it is not practicable to make that the purchase on that date, on the first date on which it such Payee is practicable able to do so). If that the dollar amount is less than the dollar amount expressed to be due to the recipient such Payee under any Note, the Company and the Guarantors shall jointly and severally indemnify the recipient such Payee against any loss sustained by it sustains as a result. In any event, the Company shall and the Guarantors will jointly and severally indemnify the recipient such Payee against the cost of making any such purchasepurchase of dollars. For the purposes of this Section 13.094.20, it will be sufficient for the Holder such Payee to certify in a satisfactory manner (indicating the sources of information used) that it such Payee would have suffered a loss had an actual purchase of U.S. dollars been made with the amount so received in that other currency on the date of receipt or recovery (or, if a it was not practicable to make the purchase of U.S. dollars on such date had not been practicablethat date, on the first date on which it would have been practicablesuch Payee was able to do so. In addition, it being such Payee shall also be required that to certify in a satisfactory manner the need for a change of date be certified in the manner mentioned above). These indemnities constitute a separate and independent obligation from the Company’s other obligations, shall give rise to a separate and independent cause of action, shall apply irrespective of any indulgence granted by any Holder and shall continue in full force and effect despite any other judgment, order, claim or proof for a liquidated amount in respect of any sum due under any Notepurchase date.

Currency Indemnity. U.S. dollars are With respect to the Trustee, the Contractual Currency is the sole currency of account and payment for all sums payable by the Company under or in connection with the NotesNotes and this Indenture, including damages. Any amount received or recovered in a currency other than U.S. dollars the Contractual Currency in respect of the Notes (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up winding up, liquidation or dissolution of the Company Company, any Subsidiary or otherwise) by any the Holder in respect of any sum expressed to be due to it from the Company shall only constitute a discharge to of the Company only to the extent of the dollar Contractual Currency amount which the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable possible to make that purchase on that date, on the first date on which it is practicable possible to do so). If that dollar purchased amount is less than the dollar Contractual Currency amount expressed to be due to the recipient under any Note, 123 the Company shall indemnify the recipient against any loss sustained by it as a result. In any event, the Company shall indemnify the recipient against the cost of making any such purchase. For the purposes of this Section 13.09indemnity, it will be sufficient for the Holder to certify in a satisfactory manner (indicating the sources of information used) that it would have suffered a loss had an the actual purchase of U.S. dollars Contractual Currency been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of U.S. dollars Contractual Currency on such date had not been practicablepossible, on the first date on which it would have been practicable, it being required that the need for a change of date be certified in the manner mentioned abovepossible). These indemnities The foregoing indemnity will, to the extent permitted by law: (i) constitute a separate and independent obligation from the other obligations of the Company’s other obligations, shall ; (ii) give rise to a separate and independent cause of action, shall ; (iii) apply irrespective of any indulgence waiver granted by any Holder Holder; and shall (iv) continue in full force and effect despite any other judgment, order, claim or proof for a liquidated amount in respect of any sum due under any NoteNote or any other judgment or order.

Currency Indemnity. U.S. dollars Dollars are the sole currency of account and payment for all sums payable by the Company Company, and any Subsidiary Guarantor, under or in connection with the Notes, including damagesthis Indenture or such Subsidiary Guarantee. Any amount received or recovered in a respect of such obligations in currency other than U.S. dollars Dollars (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the Company Company, any Subsidiary or otherwise) by the Trustee, a Paying Agent or any Holder of the Notes in respect of any sum expressed to be due to it from the Company Company, and any Subsidiary Guarantor, shall only constitute a discharge to of it under the Company Notes, this Indenture and the Subsidiary Guarantee only to the extent of the dollar U.S. Dollars amount which the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable to make that purchase on that date, on the first date on which it is practicable to do so), acting reasonably. If that dollar U.S. Dollars amount is less than the dollar U.S. Dollars amount expressed to be due to the recipient under any Notethe Notes, this Indenture or the Subsidiary Guarantee, the Company Company, and any Subsidiary Guarantor, shall indemnify the recipient against any loss sustained by it as a resultin making any such purchase. In any event, the Company shall indemnify the recipient Holder against the cost of making any such purchasepurchase of U.S. Dollars. For the purposes of this Section 13.0910.12, it will shall be sufficient for the Trustee, Paying Agent and/or Holder of a Note to certify in a satisfactory manner (indicating the sources of information used) that it would have suffered a loss had an actual purchase of U.S. dollars Dollars been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of U.S. dollars Dollars on such date had not been practicable, on the first date on which it would have been practicable, it being required ) and that the need for a change of the purchase date be certified was needed. The indemnities of the Company, and any Subsidiary Guarantor, contained in this Section 10.12, to the manner mentioned above). These indemnities extent permitted by law: (i) constitute a separate and independent obligation from the Company’s other obligations, obligations of the Company and the Restricted Subsidiaries under this Indenture and the Notes; (ii) shall give rise to a separate and independent cause of action, action against the Company; (iii) shall apply irrespective of any indulgence granted by any Holder and of the Notes from time to time; (iv) shall continue in full force and effect despite notwithstanding any other judgment, order, claim or proof for a liquidated amount in respect of any sum due under any Notethe Notes; and (v) shall survive the termination of this Indenture.

Currency Indemnity. (a) The U.S. dollars are dollar is the sole currency of account and payment for all sums payable by the Company under or in connection with the Notes or this Indenture with respect to the Notes, including damages. Any amount received or recovered in a currency other than U.S. dollars in respect of the Notes (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the Company Company, any Subsidiary or otherwise) by any Holder of the Notes in respect of any sum expressed to be due to it from the Company shall only constitute a discharge of them under the Notes and this Indenture with respect to the Company Notes only to the extent of the U.S. dollar amount which the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable to make that purchase on that date, on the first date on which it is practicable to do so). If that U.S. dollar amount is less than the U.S. dollar amount expressed to be due to the recipient under any Notethe Notes or this Indenture with respect to the Notes, the Company shall indemnify and hold harmless the recipient against any loss or cost sustained by it as a result. In any event, the Company shall indemnify the recipient against the cost of in making any such purchase. For the purposes of this Section 13.0910.13, it will be sufficient for the Holder of a Note to certify in a satisfactory manner (indicating the sources of information used) that it would have suffered a loss had an actual purchase of U.S. dollars been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of U.S. dollars on such date had not been practicable, on the first date on which it would have been practicable, it being required that the need for a change of date be certified in the manner mentioned above). These indemnities constitute a separate and independent obligation from the Company’s other obligations, shall give rise to a separate and independent cause of action, shall apply irrespective of any indulgence granted by any Holder and shall continue in full force and effect despite any other judgment, order, claim or proof for a liquidated amount in respect of any sum due under any Note.

Currency Indemnity. U.S. dollars Dollars are the sole currency of account and payment for all sums payable by the Company under or in connection with the Notes, Notes including damages. Any amount received or recovered in a currency other than U.S. dollars Dollars (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the Company or otherwise) by any Holder of a Note in respect of any sum expressed to be due to it from the Company shall only constitute a discharge to the Company Company, to the extent of the dollar U.S. Dollar amount which the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable to make that purchase on that date, on the first date on which it is practicable to do so). If that dollar U.S. Dollar amount is less than the dollar U.S. Dollar amount expressed to be due to the recipient under any Note, the Company shall indemnify the recipient such Holder against any loss sustained by it as a result, and if the amount of U.S. Dollars so purchased is greater than the sum originally due to such Holder, such Holder shall, by accepting a Note, be deemed to have agreed to repay such excess. In any event, the Company shall indemnify the recipient against the cost of making any such purchase. For the purposes of this Section 13.0912.07, it will shall be sufficient for the Holder of a Note to certify in a satisfactory manner (indicating the sources of information used) that it would have suffered a loss had an actual purchase of U.S. dollars Dollars been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of U.S. dollars Dollars on such date had not been practicable, on the first date on which it would have been practicable, it being required that the need for a change of date be certified in the manner mentioned above). These indemnities constitute a separate and independent obligation from the other obligations of the Company’s other obligations, shall give rise to a separate and independent cause of action, shall apply irrespective of any indulgence granted by any Holder of a Note and shall continue in full force and effect despite any other judgment, order, claim or proof for a liquidated amount in respect of any sum due under any Note.

Currency Indemnity. U.S. dollars Dollars are the sole currency of account and payment for all sums payable by the Company Issuer under or in connection with the Notes, including damagesNotes or this Indenture. Any amount received or recovered in a respect of such obligations in currency other than U.S. dollars Dollars (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the Company Issuer, any Subsidiary thereof or otherwise) by the Trustee, an Agent or any Holder of the Notes in respect of any sum expressed to be due to it from the Company Issuer shall only constitute a discharge to of it under the Company Notes or this Indenture only to the extent of the dollar U.S. Dollars amount which the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable to make that purchase on that date, on the first date on which it is practicable to do so), acting reasonably. If that dollar U.S. Dollars amount is less than the dollar U.S. Dollars amount expressed to be due to the recipient under any Notethe Notes or this Indenture, the Company Issuer shall indemnify the recipient against any loss sustained by it as a resultin making any such purchase. In any event, the Company Issuer shall indemnify the recipient against the cost of making any such purchasepurchase of U.S. Dollars. For the purposes of this Section 13.0911.12, it will shall be sufficient for the Trustee, such Agent and/or Holder of a Note to certify in a satisfactory manner (indicating the sources of information used) that it would have suffered a loss had an actual purchase of U.S. dollars Dollars been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of U.S. dollars Dollars on such date had not been practicable, on the first date on which it would have been practicable, it being required ) and that the need for a change of the purchase date be certified was needed. The indemnities of the Issuer contained in this Section 11.12, to the manner mentioned above). These indemnities extent permitted by law: (i) constitute a separate and independent obligation from the Company’s other obligations, obligations of the Issuer under this Indenture and the Notes; (ii) shall give rise to a separate and independent cause of action, action against the Issuer; (iii) shall apply irrespective of any indulgence granted by any Holder and of the Notes from time to time; (iv) shall continue in full force and effect despite notwithstanding any other judgment, order, claim or proof for a liquidated amount in respect of any sum due under any Notethe Notes; and (v) shall survive the termination of this Indenture.

Currency Indemnity. U.S. dollars are Dollars is the sole currency of account and payment for all sums payable by the Company under or in connection with the Notes, including damagesDebt Securities of any series. Any amount received or recovered in a currency other than U.S. dollars Dollars (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-winding up or dissolution of the Company or otherwise) by any Holder of Debt Securities of such series in respect of any sum expressed to be due to it from the Company shall only constitute a discharge to of the Company to the extent of the dollar U.S. Dollar amount which the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable to make that purchase on that date, on the first date on which it is practicable to do so). If that dollar U.S. Dollar amount is less than the dollar U.S. Dollar amount expressed to be due to the recipient under any NoteDebt Security, the Company shall indemnify the such recipient against any loss sustained by it as a result. In any event, the Company shall indemnify the recipient against the cost of making any such purchase. For the purposes of this Section 13.096.13, it will be sufficient for the Holder to certify in a satisfactory manner (indicating the sources of information used) that it would have suffered a loss had an actual purchase of U.S. dollars Dollars been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of U.S. dollars Dollars on such date had not been practicable, on or the first date on which it would have been practicable, it being required that the need for a change of date be certified in the manner mentioned above). These indemnities constitute a separate and independent obligation from the Company’s other obligations, shall give rise to a separate and independent cause of action, shall apply irrespective of any indulgence waiver granted by any Holder and shall continue in full force and effect despite any other judgment, order, claim or proof for a liquidated amount in respect of any sum due under any Note.Debt Security or any other judgment or order. ARTICLE SEVEN

Currency Indemnity. U.S. dollars are the sole currency of account and payment for all sums payable by the Company under or in connection with the Notes, including damages. Any amount received or recovered in a currency other than U.S. dollars the currency in which payment under the relevant Note or Coupon is due (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the insolvency, winding-up or dissolution of the Company Issuer or the Guarantor or otherwise) by any Holder Noteholder or Couponholder in respect of any sum expressed to be due to it from the Company Issuer or the Guarantor shall only constitute a discharge to the Company Issuer or the Guarantor, as the case may be, to the extent of the dollar amount which in the currency of payment under the relevant Note or Coupon that the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable to make that purchase on that date, on the first date on which it is practicable to do so). If that dollar the amount received or recovered is less than the dollar amount expressed to be due to the recipient under any NoteNote or Coupon, the Company Issuer, failing whom the Guarantor, shall indemnify the recipient it against any loss sustained by it as a result. In any event, the Company Issuer, failing whom the Guarantor, shall indemnify the recipient against the cost of making any such purchase. For the purposes of this Section 13.09Condition, it will shall be sufficient for the Holder Noteholder or Couponholder, as the case may be, to certify in a satisfactory manner (indicating the sources of information used) demonstrate that it would have suffered a loss had an actual purchase of U.S. dollars been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of U.S. dollars on such date had not been practicable, on the first date on which it would have been practicable, it being required that the need for a change of date be certified in the manner mentioned above)made. These indemnities constitute a separate and independent obligation from the CompanyIssuer’s and the Guarantor’s other obligations, shall give rise to a separate and independent cause of action, shall apply irrespective of any indulgence granted by any Holder Noteholder or Couponholder and shall continue in full force and effect despite any other judgment, order, claim or proof for a liquidated amount in respect of any sum due under any NoteNote or Coupon or any other judgment or order.

Currency Indemnity. U.S. dollars are the sole currency of account and payment for all sums payable by the Company or the subsidiary guarantors under or in connection with the Notesnew notes, including damages. Any To the greatest extent permitted under applicable law, any amount received or recovered in a currency other than U.S. dollars (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-winding up or dissolution of the Company or the subsidiary guarantors or otherwise) by any Holder holder of a new note in respect of any sum expressed to be due to it from the Company or the subsidiary guarantors shall only constitute a discharge to the Company or the subsidiary guarantors only to the extent of the dollar amount which the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable to make that purchase on that date, on the first date on which it is practicable to do so). If that dollar amount is less than the dollar amount expressed to be due to the recipient under any Notenew note, the Company or the subsidiary guarantors shall indemnify the recipient against any loss sustained by it as a result. In any event, the Company or the subsidiary guarantors shall indemnify the recipient against the cost of making any such purchase. For the purposes of this Section 13.09paragraph, it will be he sufficient for the Holder holder of a new note to certify in a satisfactory manner (indicating the sources of information used) that it would have suffered a loss had an actual purchase of U.S. dollars been made with the amount so received or recovered in that other currency on the date of receipt or recovery (or, if a purchase of U.S. dollars on such date had not been practicable, on the first date on which it would have been practicable, it being required that the need for a change of date be he certified in the manner mentioned above). These indemnities constitute a separate and independent obligation from the Company’s other obligationsobligations of the Company or the subsidiary guarantors, shall give rise to a separate and independent cause of action, shall apply irrespective of any indulgence granted by any Holder holder of a new note and shall continue constitute in full force and effect despite any other judgment, order, claim or proof for a liquidated amount in respect of any sum due under any Note.new note. Additional Amounts The Company is required by Mexican law to deduct Mexican withholding taxes, at a rate expected to be 4.9% if the Company satisfies certain conditions required under Mexican law (subject to certain exceptions), from payments of interest or amounts deemed interest to investors who are not residents of Mexico for tax purposes, and the Company (or any relevant subsidiary guarantor, as applicable) will pay additional amounts on those payments (and certain other payments) except as described below. All payments under or in respect of the new notes or any note guarantee shall be made free and clear of, and without withholding or deduction for or on account of, any present or future taxes, duties, levies, imposts, assessments or governmental charges (including penalties, interest and additions related thereto) (collectively, “Taxes”) of whatever nature imposed, levied, collected, withheld or assessed unless such withholding or deduction is required by law. In the event of any such withholding or deduction imposed or levied by a Tax Jurisdiction (as defined below) is required to be made from any payments under or with respect to the new notes or any note guarantee, the Company or the relevant subsidiary guarantor, as applicable, shall pay to holders of the new notes such additional amounts (“Additional Amounts”) as will result in the net payment to such holder (including Additional Amounts) of the amount that would otherwise have been receivable by such holder in the absence of such withholding or deduction, except that no such Additional Amounts shall be payable with respect to:

Currency Indemnity. U.S. dollars are the sole currency of account and payment for all sums payable by the Company under or in connection with the Notes, including damages. Any amount received or recovered in a currency other than U.S. dollars the currency in which payment under the relevant Note or Coupon is due (whether as a result of, or of the enforcement of, a judgment judgement or order of a court of any jurisdiction, in the insolvency, winding-up or dissolution of the Company Issuer or otherwise) by any Holder Noteholder or Couponholder in respect of any sum expressed to be due to it from the Company Issuer shall only constitute a discharge to the Company Issuer to the extent of the dollar amount which in the currency of payment under the relevant Note or Coupon that the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable to make that purchase on that date, on the first date on which it is practicable to do so). If that dollar the amount received or recovered is less than the dollar amount expressed to be due to the recipient under any NoteNote or Coupon, the Company Issuer shall indemnify the recipient it against any loss sustained by it as a result. In any event, the Company Issuer shall indemnify the recipient against the cost of making any such purchase. For the purposes of this Section 13.09Condition 16, it will shall be sufficient for the Holder Noteholder or Couponholder, as the case may be, to certify in a satisfactory manner (indicating the sources of information used) demonstrate that it would have suffered a loss had an actual purchase of U.S. dollars been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of U.S. dollars on such date had not been practicable, on the first date on which it would have been practicable, it being required that the need for a change of date be certified in the manner mentioned above)made. These indemnities constitute a separate and independent obligation from the CompanyIssuer’s other obligations, shall give rise to a separate and independent cause of action, shall apply irrespective of any indulgence granted by any Holder Noteholder or Couponholder and shall continue in full force and effect despite any other judgmentjudgement, order, claim or proof for a liquidated amount in respect of any sum due under any NoteNote or Coupon or any other judgement or order.

Currency Indemnity. U.S. dollars All amounts payable under the Indenture are the sole currency of account and payment for all sums payable by the Company under or in connection with the Notes, including damagesUS Dollars. Any amount received or recovered in a currency other than U.S. dollars US Dollars (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-winding up or dissolution of the Company or otherwise) by any Holder in respect of any sum expressed to be due to it from the Company shall only constitute a discharge to of the Company to the extent of the dollar US Dollar amount which the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable to make that purchase on that date, on the first date on which it is practicable to do so). If that dollar US Dollar amount is less than the dollar US Dollar amount expressed to be due to the recipient under any NoteSenior Note or Subsidiary Guarantee, the Company shall indemnify the such recipient against any loss sustained by it as a result. In any event, the Company shall indemnify the recipient against the cost of making any such purchase. For the purposes of this Section 13.09paragraph, it will be sufficient for the Holder to certify in a reasonably satisfactory manner (indicating the sources of information used) that it would have suffered a loss had an actual purchase of U.S. dollars US Dollars been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of U.S. dollars US Dollars on such date had not been practicable, on the first date on which it would have been practicable, it being required that the need for a change of date be certified in the manner mentioned above). These indemnities constitute a separate and independent obligation from the Company’s 's other obligations, shall give rise to a separate and independent cause of action, shall apply irrespective of any indulgence waiver granted by any a Holder and shall continue in full force and effect despite any other judgment, order, claim or proof for a liquidated amount in respect of any sum due under any NoteSenior Note or Subsidiary Guarantee or any other judgment or order.

Currency Indemnity. U.S. dollars are The euro is the sole currency of account and payment for all sums payable by the Company under or in connection with the Notes, including damages. Any amount received or recovered in a currency other than U.S. dollars euros (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the Company Company, or otherwise) by any Holder of a Note or the Trustee in respect of any sum expressed to be due to it from the Company shall will only constitute a discharge to the Company to the extent of the dollar euro amount which the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable to make that purchase on that date, on the first date on which it is practicable to do so). If that dollar euro amount is less than the dollar euro amount expressed to be due to the recipient under any NoteNote or the Trustee, the Company shall will indemnify the recipient them against any loss sustained by it them as a result. In any event, the Company shall will indemnify the recipient against the cost of making any such purchase. For the purposes of this Section 13.0911.12, it will be sufficient for the Holder of a Note or the Trustee to certify in a satisfactory manner (indicating the sources of information used) that it would have suffered a loss had an actual purchase of U.S. dollars euros been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of U.S. dollars euros on such date had not been practicable, on the first date on which it would have been practicable, it being required that the need for a change of date be certified in the manner mentioned above). These indemnities constitute a separate and independent obligation from the Company’s other obligations, shall will give rise to a separate and independent cause of action, shall will apply irrespective of any indulgence granted by any Holder of a Note or the Trustee and shall will continue in full force and effect despite any other judgment, order, claim or proof for a liquidated amount in respect of any sum due under any NoteNote or to the Trustee.

Currency Indemnity. U.S. dollars Dollars are the sole currency of account and payment for all sums payable by the Company or the Guarantors under or in connection with this Indenture, the NotesNotes and the Notes Guaranties, including damages. Any amount received or recovered in a currency other than U.S. dollars Dollars (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the Company or otherwise) by any Holder recipient in respect of any sum expressed to be due to it from the Company or any Guarantor shall only constitute a discharge to the Company or the Guarantors, as the case may be, to the extent of the dollar U.S. Dollar amount which the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable to make that purchase on that date, on the first date on which it is practicable to do so). If that dollar U.S. Dollar amount is less than the dollar U.S. Dollar amount expressed to be due to the recipient under any Noterecipient, the Company shall indemnify the such recipient against any loss sustained by it as a result, and if the amount of U.S. Dollars so purchased is greater that the sum originally due to such recipient, such recipient shall be deemed to have agreed to repay such excess. In any event, the Company shall indemnify the recipient against the cost of making any such purchase. For the purposes of this Section 13.0913.05, it will shall be sufficient for the Holder recipient to certify in a satisfactory manner (indicating the sources of information used) that it would have suffered a loss had an actual purchase of U.S. dollars Dollars been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of U.S. dollars Dollars on such date had not been practicable, on the first date on which it would have been practicable, it being required that the need for a change of date be certified in the manner mentioned above)) . These indemnities constitute a separate and independent obligation from the Company’s other obligationsobligations of the Company and the Guarantors, shall give rise to a separate and independent cause of action, shall apply irrespective of any indulgence granted by any Holder of a Note and shall continue in full force and effect despite any other judgment, order, claim or proof for a liquidated amount in respect of any sum due under any Note.

Currency Indemnity. U.S. dollars are the sole currency of account (a) The Company, and payment for each Subsidiary Guarantor, shall pay all sums payable by under this Indenture, the Company under Notes or such Subsidiary Guarantee, as applicable, solely in connection with the Notes, including damagesU.S. Dollars. Any amount received or recovered in a currency other than U.S. dollars (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the Company or otherwise) Dollars by any Holder payee, in respect of any sum expressed to be due to it from the Company or any Subsidiary Guarantor, shall only constitute a discharge to the Company or any such Subsidiary Guarantor to the extent of the dollar U.S. Dollar amount which the recipient such payee is able to purchase with the amount so received or recovered in that other currency on the date of that the receipt or recovery (or, if it is not practicable to make that the purchase on that date, on the first date on which it such payee is practicable able to do so). If that dollar the U.S. Dollar amount is less than the dollar U.S. Dollar amount expressed to be due to the recipient Trustee under this Indenture or any Holder under this Indenture or any Note, the Company Company, and any Subsidiary Guarantor, shall indemnify the recipient such payee against any loss sustained by it sustains as a result. In any event, the Company and the Subsidiary Guarantors shall indemnify each payee, to the recipient extent permitted under applicable law, against the cost of making any such purchasepurchase of U.S. Dollars. For the purposes of this Section 13.0913.11(a), it will shall be sufficient for the Holder a payee to certify in a satisfactory manner (indicating the sources of information used) that it would have suffered a loss had an actual purchase of U.S. dollars Dollars been made with the amount so received in that other currency on the date of receipt or recovery (or, if a it was not practicable to make the purchase of U.S. dollars on such date had not been practicablethat date, on the first date on which it would have been practicablewas able to do so. In addition, it being payees shall also be required that to certify in a satisfactory manner the need for a change of date be certified in the manner mentioned above). These indemnities constitute a separate and independent obligation from the Company’s other obligations, shall give rise to a separate and independent cause of action, shall apply irrespective of any indulgence granted by any Holder and shall continue in full force and effect despite any other judgment, order, claim or proof for a liquidated amount in respect of any sum due under any Notepurchase date.

Currency Indemnity. U.S. dollars are the sole currency of account and payment for all sums payable by the Company under or in connection with the Notes, including damages. Any amount received or recovered in a currency other than U.S. dollars (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the Company or otherwise) by any Holder of a Note in respect of any sum expressed to be due to it from the Company shall only constitute a discharge to the Company to the extent of the dollar amount which the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable to make that purchase on that date, on the first date on which it is practicable to do so). If that dollar amount is less than the dollar amount expressed to be due to the recipient under any Note, the Company shall indemnify the recipient against any loss sustained by it as a result. In any event, the Company shall indemnify the recipient against the cost of making any such purchase. For the purposes of this Section 13.09113, it will be sufficient for the Holder of a Note to certify in a satisfactory manner (indicating the sources of information used) that it would have suffered a loss had an actual purchase of U.S. dollars been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of U.S. dollars on such date had not been practicable, on the first date on which it would have been practicable, it being required that the need for a change of date be certified in the manner mentioned above). These indemnities constitute a separate and independent obligation from the Company’s 's other obligations, shall give rise to a separate and independent cause of action, shall apply irrespective of any indulgence granted by any Holder of a Note and shall continue in full force and effect despite any other judgment, order, claim or proof for a liquidated amount in respect of any sum due under any Note.

Currency Indemnity. U.S. dollars are With respect to the Trustee, the Contractual Currency is the sole currency of account and payment for all sums payable by the Company under or in connection with the NotesNotes and this Indenture, including damages. Any amount received or recovered in a currency other than U.S. dollars the Contractual Currency in respect of the Notes (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up winding up, liquidation or dissolution of the Company Company, any Subsidiary or otherwise) by any the Holder in respect of any sum expressed to be due to it from the Company shall only constitute a discharge to of the Company only to the extent of the dollar Contractual Currency amount which the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable possible to make that purchase on that date, on the first date on which it is practicable possible to do so). If that dollar purchased amount is less than the dollar Contractual Currency amount expressed to be due to the recipient under any Note, the Company shall indemnify the recipient against any loss sustained by it as a result. In any event, the Company shall indemnify the recipient against the cost of making any such purchase. For the purposes of this Section 13.09indemnity, it will be sufficient for the Holder to certify in a satisfactory manner (indicating the sources of information used) that it would have suffered a loss had an the actual purchase of U.S. dollars Contractual Currency been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of U.S. dollars Contractual Currency on such date had not been practicablepossible, on the first date on which it would have been practicable, it being required that the need for a change of date be certified in the manner mentioned abovepossible). These indemnities The foregoing indemnity will, to the extent permitted by law: (i) constitute a separate and independent obligation from the other obligations of the Company’s other obligations, shall ; (ii) give rise to a separate and independent cause of action, shall ; (iii) apply irrespective of any indulgence waiver granted by any Holder Holder; and shall (iv) continue in full force and effect despite any other judgment, order, claim or proof for a liquidated amount in respect of any sum due under any Note.Note or any other judgment or order. With respect to the Canadian Trustee, if the Contractual Currency of account between the Company and the Canadian Trustee is in any currency other than Canadian Dollars (“foreign currency”), the specification of such foreign currency and the payment thereof is of the essence and such foreign currency shall be the currency of account in all events (the “Required Currency”). If under any applicable laws and whether pursuant to a judgment being made or registered against the Company or for any other reason, any payment of all or part of the indebtedness owing by the Company to the Canadian Trustee for its own account is made or is satisfied in a currency other than the Required Currency (the “Other Currency”), then to the extent that the payment (when converted into the Required Currency at the prevailing rate of exchange on the date of payment, or, if it is not practicable for the Canadian Trustee to purchase the Required Currency with the Other Currency on the date of payment, at the rate of exchange as soon thereafter as it is practicable for it to do so) actually received by the Canadian Trustee falls short of the amount of the indebtedness required to be paid to the Canadian Trustee for its own account, the Company shall, as a separate and independent obligation, indemnify and hold harmless the Canadian Trustee against the amount of such shortfall. For the purpose of this Indenture, “rate of exchange” means the rate at which the Canadian Trustee is able on a foreign exchange market selected by the Canadian Trustee on the relevant date to purchase the Required Currency with the Other Currency and shall take into account any premium and other reasonable costs of exchange. SIGNATURES

Currency Indemnity. U.S. dollars are the The sole currency of account and payment for all sums payable by the Company Issuer under or in connection this Indenture with respect to the Notes, including damagesNotes is U.S. Dollars. Any amount received or recovered in a currency other than U.S. dollars Dollars (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up or dissolution of Parent, the Company Issuer, any Subsidiary or otherwise) by any the Holder in respect of any sum expressed to be due to it from the Company shall only Issuer will constitute a discharge to of the Company Issuer only to the extent of the dollar U.S. Dollar amount which the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable possible to make that purchase on that date, on the first date on which it is practicable possible to do so). If that dollar U.S. Dollar amount is less than the dollar applicable U.S. Dollar amount expressed to be due to the recipient receipt under any Note, the Company shall Issuer will indemnify the recipient against any loss sustained by it as a result. In any event, event the Company shall Issuer will indemnify the recipient against the cost of making any such purchase. For the purposes of this Section 13.09indemnity, it will be sufficient for the Holder to certify in a satisfactory manner (indicating the sources of information used) that it would have suffered a loss had an actual purchase of U.S. dollars Dollar amount been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of U.S. dollars Dollar amount on such date had not been practicable, on the first date on which it would have been practicable, it being required that the need for a change of date be certified in the manner mentioned above). These indemnities constitute a separate and independent obligation from the Company’s other obligationsobligations of the Issuer, shall will give rise to a separate and independent cause of action, shall will apply irrespective of any indulgence waiver granted by any Holder and shall will continue in full force and effect despite any other judgment, order, claim or proof for a liquidated amount in respect of any sum due under any NoteNote or any other judgment or order.

Currency Indemnity. U.S. dollars Dollars are the sole currency of account and payment for all sums payable by the Company or the Guarantor under or in connection with the Notes, including damages. Any amount received or recovered in a currency other than U.S. dollars Dollars (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the Guarantor, the Company or otherwise) by any Holder of a Note in respect of any sum expressed to be due to it from the Company or the Guarantor shall only constitute a discharge to of the Company or the Guarantor, as the case may be, to the extent of the dollar U.S. Dollar amount which the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable to make that purchase on that date, on the first date on which it is practicable to do so). If that dollar U.S. Dollar amount is less than the dollar U.S. Dollar amount expressed to be due to the recipient under any Note, the Company or the Guarantor, as the case may be, shall indemnify the recipient such Holder against any loss sustained by it as a result, and if the amount of U.S. Dollars so purchased is greater that the sum originally due to such Holder, such Holder shall be deemed to have agreed to repay such excess. In any event, the Company or the Guarantor, as the case may be, shall indemnify the recipient against the cost of making any such purchase. For the purposes of this Section 13.0912.7, it will shall be sufficient for the Holder of a Note to certify in a satisfactory manner (indicating the sources of information used) that it would have suffered a loss had an actual purchase of U.S. dollars Dollars been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of U.S. dollars Dollars on such date had not been practicable, on the first date on which it would have been practicable, it being required that the need for a change of date be certified in the manner mentioned above). These indemnities constitute a separate and independent obligation from the Company’s other obligationsobligations of the Company and the Guarantor, shall give rise to a separate and independent cause of action, shall apply irrespective of any indulgence granted by any Holder of a Note and shall continue in full force and effect despite any other judgment, order, claim or proof for a liquidated amount in respect of any sum due under any Note.

Currency Indemnity. U.S. dollars Dollars are the sole currency of account and payment for all sums payable by the Company or the Guarantor under or in connection with the Notes, including damages. Any amount received or recovered in a currency other than U.S. dollars Dollars (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the Guarantor, the Company or otherwise) by any Holder of a Note in respect of any sum expressed to be due to it from the Company or the Guarantor shall only constitute a discharge to of the Company or the Guarantor, as the case may be, to the extent of the dollar U.S. Dollar amount which the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable to make that purchase on that date, on the first date on which it is practicable to do so). If that dollar U.S. Dollar amount is less than the dollar U.S. Dollar amount expressed to be due to the recipient under any Note, the Company or the Guarantor, as the case may be, shall indemnify the recipient such Holder against any loss sustained by it as a result, and if the amount of U.S. Dollars so purchased is greater than the sum originally due to such Holder, such Holder shall be deemed to have agreed to repay such excess. In any event, the Company or the Guarantor, as the case may be, shall indemnify the recipient against the cost of making any such purchase. For the purposes of this Section 13.0912.7, it will shall be sufficient for the Holder of a Note to certify in a satisfactory manner (indicating the sources of information used) that it would have suffered a loss had an actual purchase of U.S. dollars Dollars been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of U.S. dollars Dollars on such date had not been practicable, on the first date on which it would have been practicable, it being required that the need for a change of date be certified in the manner mentioned above). These indemnities constitute a separate and independent obligation from the Company’s other obligationsobligations of the Company and the Guarantor, shall give rise to a separate and independent cause of action, shall apply irrespective of any indulgence granted by any Holder of a Note and shall continue in full force and effect despite any other judgment, order, claim or proof for a liquidated amount in respect of any sum due under any Note.

Currency Indemnity. (a) The U.S. dollars are dollar is the sole currency of account and payment for all sums payable by the Company under or in connection with the Notes or this Indenture with respect to the Notes, including damages. Any amount received or recovered in a currency other than U.S. dollars in respect of the Notes (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the Company Company, any Subsidiary or otherwise) by any Holder of the Notes in respect of any sum expressed to be due to it from the Company shall only constitute a discharge of them under the Notes and this Indenture with respect to the Company Notes only to the extent of the U.S. dollar amount which the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable to make that purchase on that date, on the first date on which it is practicable to do so). If that U.S. dollar amount is less than the U.S. dollar amount expressed to be due to the recipient under any Notethe Notes or this Indenture with respect to the Notes, the Company shall indemnify and hold harmless the recipient against any loss or cost sustained by it as a result. In any event, the Company shall indemnify the recipient against the cost of in making any such purchase. For the purposes of this Section 13.09SECTION 10.13, it will be sufficient for the Holder of a Note to certify in a satisfactory manner (indicating the sources of information used) that it would have suffered a loss had an actual purchase of U.S. dollars been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of U.S. dollars on such date had not been practicable, on the first date on which it would have been practicable, it being required that the need for a change of date be certified in the manner mentioned above). These indemnities constitute a separate and independent obligation from the Company’s other obligations, shall give rise to a separate and independent cause of action, shall apply irrespective of any indulgence granted by any Holder and shall continue in full force and effect despite any other judgment, order, claim or proof for a liquidated amount in respect of any sum due under any Note.

Currency Indemnity. U.S. dollars are the The sole currency of account and payment for all sums payable by the Company Issuer under or in connection this Indenture with respect to the Notes, including damagesSterling Notes is sterling and with respect to the Dollar Notes is U.S. dollars. Any amount received or recovered in a currency other than sterling, in respect of the Sterling Notes, or U.S. dollars dollars, in respect of the Dollar Notes, as the case may be (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the Company Company, any Subsidiary or otherwise) by the Holder, the Trustee or any Holder other person in respect of any sum expressed to be due to it from the Company shall only Issuer will constitute a discharge to of the Company Issuer only to the extent of the sterling or U.S. dollar amount amount, as the case may be, which the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable possible to make that purchase on that date, on the first date on which it is practicable possible to do so). If that sterling amount or U.S. dollar amount amount, as the case may be, is less than the sterling amount or U.S. dollar amount amount, as the case may be, expressed to be due to the recipient under any Note, the Company shall Issuer will indemnify the recipient against any loss sustained by it as a result. In any event, event the Company shall Issuer will indemnify the recipient against the cost of making any such purchase. For the purposes of this Section 13.09indemnity, it will be sufficient for the Holder Holder, the Trustee or any other person to certify in a satisfactory manner (indicating the sources of information used) that it would have suffered a loss had an actual purchase of sterling or U.S. dollars dollars, as the case may be, been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of sterling or U.S. dollars dollars, as the case may be, on such date had not been practicable, on the first date on which it would have been practicable, it being required that the need for a change of date be certified in the manner mentioned above). These indemnities constitute a separate and independent obligation from the Company’s other obligationsobligations of the Issuer, shall will give rise to a separate and independent cause of action, shall will apply irrespective of any indulgence waiver granted by any Holder Holder, the Trustee or any other person and shall will continue in full force and effect despite any other judgment, order, claim or proof for a liquidated amount in respect of any sum due under any NoteNote or any other judgment or order.

Currency Indemnity. (a) The U.S. dollars are Dollar is the sole currency of account and payment for all sums payable by the Company and the Guarantors under or in connection with the Notes, including damagesNotes and the Note Guarantees (the “Contractual Currency”). Any amount received or recovered in a currency other than U.S. dollars the Contractual Currency in respect of the Notes or the Note Guarantees (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up winding up, liquidation or dissolution of the Company any Guarantor, any Subsidiary or otherwise) by any a Holder in respect of any sum expressed to be due to it from the Company shall only or any Guarantor will constitute a discharge to of the Company or the Guarantor, as the case may be, only to the extent of the dollar Contractual Currency amount which the recipient Holder is able to purchase with the amount so received or recovered in that such other currency on the date of that receipt or recovery (or, if it is not practicable possible to make that purchase on that date, on the first date on which it is practicable possible to do so). If that dollar purchased amount is less than the dollar Contractual Currency amount expressed to be due to the recipient Holder under any Note, the Company shall and the Guarantors will indemnify the recipient Holder against any loss sustained by it as a result. In any event, the Company shall indemnify the recipient against the cost of making any such purchase. For the purposes of this Section 13.09indemnity, it will be sufficient for the Holder to certify in a satisfactory manner (indicating the sources of information used) that it would have suffered a loss had an the actual purchase of U.S. dollars Contractual Currency been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of U.S. dollars Contractual Currency on such date had not been practicablepossible, on the first date on which it would have been practicable, it being required that the need for a change of date be certified in the manner mentioned abovepossible). These indemnities constitute a separate and independent obligation from the Company’s other obligations, shall give rise to a separate and independent cause of action, shall apply irrespective of any indulgence granted by any Holder and shall continue in full force and effect despite any other judgment, order, claim or proof for a liquidated amount in respect of any sum due under any Note.

Currency Indemnity. U.S. dollars Dollars are the sole currency of account and payment for all sums payable by the Company or the Guarantors under or in connection with the NotesNotes and the Note Guaranties, including damages. Any amount received or recovered in a currency other than U.S. dollars Dollars (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the Company or otherwise) by any Holder of a Note in respect of any sum expressed to be due to it from the Company or any Guarantor shall only constitute a discharge to the Company or the Guarantors, as the case may be, to the extent of the dollar U.S. Dollar amount which the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable to make that purchase on that date, on the first date on which it is practicable to do so). If that dollar U.S. Dollar amount is less than the dollar U.S. Dollar amount expressed to be due to the recipient under any Note, the Company shall indemnify the recipient such Holder against any loss sustained by it as a result, and if the amount of U.S. Dollars so purchased is greater that the sum originally due to such Holder, such Holder shall, by accepting a Note, be deemed to have agreed to repay such excess. In any event, the Company shall indemnify the recipient against the cost of making any such purchase. For the purposes of this Section 13.0912.06, it will shall be sufficient for the Holder of a Note to certify in a satisfactory manner (indicating the sources of information used) that it would have suffered a loss had an actual purchase of U.S. dollars Dollars been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of U.S. dollars Dollars on such date had not been practicable, on the first date on which it would have been practicable, it being required that the need for a change of date be certified in the manner mentioned above). These indemnities constitute a separate and independent obligation from the Company’s other obligationsobligations of the Company and the Guarantors, shall give rise to a separate and independent cause of action, shall apply irrespective of any indulgence granted by any Holder of a Note and shall continue in full force and effect despite any other judgment, order, claim or proof for a liquidated amount in respect of any sum due under any Note.

Currency Indemnity. U.S. dollars are the sole currency ------------------ of account and payment for all sums payable by the Company under or in connection with the NotesNotes and this Indenture, including damages. Any amount received or recovered in a currency other than U.S. dollars (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the Company or otherwise) by any Holder of a Note in respect of any sum expressed to be due to it from the Company shall only constitute a discharge to the Company to the extent of the U.S. dollar amount which the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable to make that purchase on that date, on the first date on which it is practicable to do so). If that U.S. dollar amount is less than the U.S. dollar amount expressed to be due to the recipient under any Note, the Company shall be obligated to pay and shall indemnify the recipient against any loss sustained by it as a result. In any event, the Company shall indemnify the recipient against the cost of making any deficiency in such purchaseU.S. dollar amount. For the purposes of this Section 13.0912.09, it will be sufficient for the Holder of a Note to certify in a satisfactory manner (indicating the sources of information used) that it would have suffered a loss had an actual purchase of U.S. dollars been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of U.S. dollars on such date had not been practicable, on the first date on which it would have been practicable, it being required that the need for a change of date be certified in the manner mentioned above). These indemnities constitute a separate and independent obligation obligations from the Company’s 's other obligations, shall give rise to a separate and independent cause causes of action, shall apply irrespective of any indulgence granted by any Holder of a Note and shall continue in full force and effect despite any other judgment, order, claim or proof for a liquidated amount in respect of any sum due under any Note.

Currency Indemnity. U.S. dollars are the sole currency of account and payment for all sums payable by the Company under or in connection with the Notes, including damages. Any amount received or recovered in a currency other than U.S. dollars (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the Company or otherwise) by any Holder in respect of any sum expressed to be due to it from the Company shall only constitute a discharge to the Company to the extent of the dollar amount which the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable to make that purchase on that date, on the first date on which it is practicable to do so). If that dollar amount is less than the dollar amount expressed to be due to the recipient under any Note, the Company shall indemnify the recipient against any loss sustained by it as a result. In any event, the Company shall indemnify the recipient against the cost of making any such purchase. For the purposes of this Section 13.0911.08, it will be sufficient for the Holder to certify in a satisfactory manner (indicating the sources of information used) that it would have suffered a loss had an actual purchase of U.S. dollars been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of U.S. dollars on such date had not been practicable, on the first date on which it would have been practicable, it being required that the need for a change of date be certified in the manner mentioned above). These indemnities constitute a separate and independent obligation from the Company’s other obligations, shall give rise to a separate and independent cause of action, shall apply irrespective of any indulgence granted by any Holder and shall continue in full force and effect despite any other judgment, order, claim or proof for a liquidated amount in respect of any sum due under any Note.

Currency Indemnity. U.S. dollars are the sole currency of account and payment for all sums payable by the Company under or in connection with the Notes, including damages. Any To the greatest extent permitted under applicable law, any amount received or recovered in a currency other than U.S. dollars (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-winding up or dissolution of the Company or otherwise) by any Holder of a Note in respect of any sum expressed to be due to it from the Company shall only constitute a discharge to the Company only to the extent of the dollar amount which the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable to make that purchase on that date, on the first date on which it is practicable to do so). If that dollar amount is less than the dollar amount expressed to be due to the recipient under any Note, the Company shall indemnify the recipient against any loss sustained by it as a result. In any event, the Company shall indemnify the recipient against the cost of making any such purchase. For the purposes of this Section 13.0913.01, it will be sufficient for the Holder of a Note to certify in a satisfactory manner (indicating the sources of information used) that it would have suffered a loss had an actual purchase of U.S. dollars been made with the amount so received or recovered in that other currency on the date of receipt or recovery (or, if a purchase of U.S. dollars on such date had not been practicable, on the first date on which it would have been practicable, it being required that the need for a change of date be certified in the manner mentioned above). These indemnities constitute a separate and independent obligation from the other obligations of the Company’s other obligations, shall give rise to a separate and independent cause of action, shall apply irrespective of any indulgence granted by any Holder of a Note and shall continue constitute in full force and effect despite any other judgment, order, claim or proof for a liquidated amount in respect of any sum due under any Note.

Currency Indemnity. U.S. dollars Dollars are the sole currency of account and payment for all sums payable by the Company Company, and any Subsidiary Guarantor, under or in connection with the Notes, including damagesthis Indenture or such Subsidiary Guarantee. Any amount received or recovered in a respect of such obligations in currency other than U.S. dollars Dollars (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the Company Company, any Subsidiary or otherwise) by the Trustee, an Agent or any Holder of the Notes in respect of any sum expressed to be due to it from the Company Company, and any Subsidiary Guarantor, shall only constitute a discharge to of it under the Company Notes, this Indenture and the Subsidiary Guarantee only to the extent of the dollar U.S. Dollars amount which the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable to make that purchase on that date, on the first date on which it is practicable to do so), acting reasonably. If that dollar U.S. Dollars amount is less than the dollar U.S. Dollars amount expressed to be due to the recipient under any Notethe Notes, this Indenture or the Subsidiary Guarantee, the Company Company, and any Subsidiary Guarantor, shall indemnify the recipient against any loss sustained by it as a resultin making any such purchase. In any event, the Company shall indemnify the recipient against the cost of making any such purchasepurchase of U.S. Dollars. For the purposes of this Section 13.0910.12, it will shall be sufficient for the Trustee, such Agent and/or Holder of a Note to certify in a satisfactory manner (indicating the sources of information used) that it would have suffered a loss had an actual purchase of U.S. dollars Dollars been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of U.S. dollars Dollars on such date had not been practicable, on the first date on which it would have been practicable, it being required ) and that the need for a change of the purchase date be certified was needed. The indemnities of the Company, and any Subsidiary Guarantor, contained in this Section 10.12, to the manner mentioned above). These indemnities extent permitted by law: (i) constitute a separate and independent obligation from the Company’s other obligations, obligations of the Company and the Restricted Subsidiaries under this Indenture and the Notes; (ii) shall give rise to a separate and independent cause of action, action against the Company; (iii) shall apply irrespective of any indulgence granted by any Holder and of the Notes from time to time; (iv) shall continue in full force and effect despite notwithstanding any other judgment, order, claim or proof for a liquidated amount in respect of any sum due under any Notethe Notes; and (v) shall survive the termination of this Indenture.

Currency Indemnity. (a) U.S. dollars are Dollars is the sole currency of account and payment for all sums payable by the Company and any Subsidiary Guarantor, under or in connection with the Notes, including damagesthis Indenture or any Subsidiary Guarantee. Any amount received or recovered in a currency other than U.S. dollars Dollars (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the Company Company, any Subsidiary or otherwise) by any Holder payee in respect of any sum expressed to be due to it from the Company and any Subsidiary Guarantor shall only constitute a discharge to of it under the Company Notes, this Indenture and such Subsidiary Guarantee to the extent of the dollar U.S. Dollars amount which the recipient such payee is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable to make that purchase on that date, on the first date on which it such payee is practicable able to do so). If that dollar U.S. Dollars amount is less than the dollar U.S. Dollars amount expressed to be due to the recipient under any Notethe Notes, this Indenture, or the Subsidiary Guarantee, the Company and any Subsidiary Guarantor shall indemnify the recipient against any loss sustained by it as a resultin making any such purchase. In any event, the Company and the Subsidiary Guarantors shall indemnify each payee, to the recipient greatest extent permitted under applicable law, against the cost of making any such purchasepurchase of U.S. Dollars. For the purposes of this Section 13.0911.11, it will shall be sufficient for the Holder a payee to certify in a satisfactory manner (indicating the sources of information used) that it would have suffered a loss had an actual purchase of U.S. dollars Dollars been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of U.S. dollars Dollars on such date had not been practicable, on the first date on which it would have been practicable, it being required ) and that the need for a change of the purchase date be certified in the manner mentioned above). These indemnities constitute a separate and independent obligation from the Company’s other obligations, shall give rise to a separate and independent cause of action, shall apply irrespective of any indulgence granted by any Holder and shall continue in full force and effect despite any other judgment, order, claim or proof for a liquidated amount in respect of any sum due under any Notewas needed.

Currency Indemnity. U.S. dollars are With respect to the Trustee, the Contractual Currency is the sole currency of account and payment for all sums payable by the Company under or in connection with the NotesNotes and this Indenture, including damages. Any amount received or recovered in a currency other than U.S. dollars the Contractual Currency in respect of the Notes (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up winding up, liquidation or dissolution of the Company Company, any Subsidiary or otherwise) by any the Holder in respect of any sum expressed to be due to it from the Company shall only constitute a discharge to of the Company only to the extent of the dollar Contractual Currency amount which the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable possible to make that purchase on that date, on the first date on which it is practicable possible to do so). If that dollar purchased amount is less than the dollar Contractual Currency amount expressed to be due to the recipient under any Note, the Company shall indemnify the recipient against any loss sustained by it as a result. In any event, the Company shall indemnify the recipient against the cost of making any such purchase. For the purposes of this Section 13.09indemnity, it will be sufficient for the Holder to certify in a satisfactory manner (indicating the sources of information used) that it would have suffered a loss had an the actual purchase of U.S. dollars Contractual Currency been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of U.S. dollars Contractual Currency on such date had not been practicablepossible, on the first date on which it would have been practicable, it being required that the need for a change of date be certified in the manner mentioned abovepossible). These indemnities The foregoing indemnity will, to the extent 126 permitted by law: (i) constitute a separate and independent obligation from the other obligations of the Company’s other obligations, shall ; (ii) give rise to a separate and independent cause of action, shall ; (iii) apply irrespective of any indulgence waiver granted by any Holder Holder; and shall (iv) continue in full force and effect despite any other judgment, order, claim or proof for a liquidated amount in respect of any sum due under any NoteNote or any other judgment or order.

Currency Indemnity. The U.S. dollars are Dollar is the sole currency of account and payment for all sums payable by the Company under or in connection with the Notes, including damagesthis Floating Rate Note. Any amount received or recovered in a currency other than U.S. dollars Dollars (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-winding up or dissolution of the Company or otherwise) by any Holder of 7-Year Floating Rate Notes in respect of any sum expressed to be due to it from the Company shall only constitute a discharge to of the Company to the extent of the dollar U.S. Dollar amount which the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable to make that purchase on that date, on the first date on which it is practicable to do so). If that dollar U.S. Dollar amount is less than the dollar U.S. Dollar amount expressed to be due to the recipient under any Floating Rate Note, the Company shall indemnify the such recipient against any loss sustained by it as a result. In any event, the Company shall indemnify the recipient against the cost of making any such purchase. For the purposes of this Section 13.09paragraph, it will be sufficient for the Holder to certify in a satisfactory manner (indicating the sources of information used) that it would have suffered a loss had an actual purchase of U.S. dollars Dollars been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of U.S. dollars Dollars on such date had not been practicable, on or the first date on which it would have been practicable, it being required that the need for a change of date be certified in the manner mentioned above). These indemnities constitute a separate and independent obligation from the Company’s other obligations, shall give rise to a separate and independent cause of action, shall apply irrespective of any indulgence waiver granted by any Holder of 7-Year Floating Rate Notes and shall continue in full force and effect despite any other judgment, order, claim or proof for a liquidated amount in respect of any sum due under any Note.7-Year Floating Rate Note or any other judgment or order. Defined Terms

Currency Indemnity. U.S. dollars Dollars are the sole currency of account and payment for all sums payable by the Company or the Guarantor under or in connection with the Notes, including damages. Any amount received or recovered in a currency other than U.S. dollars Dollars (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the Guarantor, the Company or otherwise) by any Holder in respect of any sum expressed to be due to it from the Company or the Guarantor shall only constitute a discharge to of the Company or the Guarantor, as the case may be, to the extent of the dollar U.S. Dollar amount which the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable to make that purchase on that date, on the first date on which it is practicable to do so). If that dollar U.S. Dollar amount is less than the dollar U.S. Dollar amount expressed to be due to the recipient under any NoteNotes, the Company or the Guarantor, as the case may be, shall indemnify the recipient such Holder against any loss sustained by it as a result; and if the amount of U.S. Dollars so purchased is greater than the sum originally due to such Holder, such Holder shall, by accepting the Notes, be deemed to have agreed to repay such excess. In any event, the Company or the Guarantor, as the case may be, shall indemnify the recipient against the cost of making any such purchase. For the purposes of this Section 13.091.18, it will shall be sufficient for the Holder to certify in a satisfactory manner (indicating the sources of information used) that it would have suffered a loss had an actual purchase of U.S. dollars Dollars been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of U.S. dollars Dollars on such date had not been practicable, on the first date on which it would have been practicable, it being required that the need for a change of date be certified in the manner mentioned above). These indemnities constitute a separate and independent obligation from the Company’s other obligationsobligations of the Company and the Guarantor, shall give rise to a separate and independent cause of action, shall apply irrespective of any indulgence granted by any Holder and shall continue in full force and effect despite any other judgment, order, claim or proof for a liquidated amount in respect of any sum due under any NoteNotes.”

Currency Indemnity. U.S. dollars are The Euro is the sole currency of account and payment for all sums payable by the Company under or in connection with the Notes, including damages. Any amount received or recovered in a currency other than U.S. dollars euro (whether as a result 105 of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the Company or otherwise) by any Holder of a Note or the Trustee in respect of any sum expressed to be due to it from the Company shall will only constitute a discharge to the Company to the extent of the dollar euro amount which the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable to make that purchase on that date, on the first date on which it is practicable to do so). If that dollar euro amount is less than the dollar euro amount expressed to be due to the recipient under any NoteNote or the Trustee, the Company shall will indemnify the recipient them against any loss sustained by it them as a result. In any event, the Company shall will indemnify the recipient against the cost of making any such purchase. For the purposes of this Section 13.0911.12, it will be sufficient for the Holder of a Note or the Trustee to certify in a satisfactory manner (indicating the sources of information used) that it would have suffered a loss had an actual purchase of U.S. dollars euro been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of U.S. dollars euro on such date had not been practicable, on the first date on which it would have been practicable, it being required that the need for a change of date be certified in the manner mentioned above). These indemnities constitute a separate and independent obligation from the Company’s 's other obligations, shall will give rise to a separate and independent cause of action, shall will apply irrespective of any indulgence granted by any Holder of a Note or the Trustee and shall will continue in full force and effect despite any other judgment, order, claim or proof for a liquidated amount in respect of any sum due under any NoteNote or the Trustee.

Currency Indemnity. (a) U.S. dollars are Dollars is the sole currency of account and payment for all sums payable by the Company and any Subsidiary Guarantor, under or in connection with the Notes, including damagesthis Indenture or any Subsidiary Guarantee. Any amount received or recovered in a currency other than U.S. dollars Dollars (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the Company Company, any Subsidiary or otherwise) by the Trustee, a Paying Agent or any Holder of the Notes in respect of any sum expressed to be due to it from the Company and any Subsidiary Guarantor shall only constitute a discharge to of it under the Company Notes, this Indenture and such Subsidiary Guarantee only to the extent of the dollar U.S. Dollars amount which the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable to make that purchase on that date, on the first date on which it is practicable to do so). If that dollar U.S. Dollars amount is less than the dollar U.S. Dollars amount expressed to be due to the recipient under any Notethe Notes, this Indenture, or the Subsidiary Guarantee, the Company and any Subsidiary Guarantor shall indemnify the recipient against any loss sustained by it as a resultin making any such purchase. In any event, the Company or relevant Subsidiary Guarantor shall indemnify the recipient Holder, to the greatest extent permitted under applicable law, against the cost of making any such purchasepurchase of U.S. Dollars. For the purposes of this Section 13.0911.11, it will shall be sufficient for the Trustee, Paying Agent and/or Holder of a Note to certify in a satisfactory manner (indicating the sources of information used) that it would have suffered a loss had an actual purchase of U.S. dollars Dollars been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of U.S. dollars Dollars on such date had not been practicable, on the first date on which it would have been practicable, it being required ) and that the need for a change of the purchase date be certified in the manner mentioned above). These indemnities constitute a separate and independent obligation from the Company’s other obligations, shall give rise to a separate and independent cause of action, shall apply irrespective of any indulgence granted by any Holder and shall continue in full force and effect despite any other judgment, order, claim or proof for a liquidated amount in respect of any sum due under any Notewas needed.

Currency Indemnity. U.S. dollars are The euro is the sole currency of account and payment for all sums payable by the Company Issuer under or in connection with the Notes, Notes including damages. Any amount received or recovered in a currency other than U.S. dollars (euro, whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the Company Issuer or otherwise) , by any Holder or by the Trustee in respect of any sum expressed to be due to it from the Company shall Issuer will only constitute a discharge to the Company Issuer to the extent of the dollar euro amount which the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable to make that purchase on that date, on the first date on which it is practicable to do so). If that dollar euro amount is less than the dollar euro amount expressed to be due to the recipient under any NoteNote or the Trustee, the Company shall Issuer will indemnify the recipient if against any loss sustained by it such recipient as a result. In any event, the Company shall Issuer will indemnify the recipient against the cost of making any such purchase. For the purposes of this Section 13.0912.18, it will be sufficient for the Holder or the Trustee to certify in a satisfactory manner (indicating the sources of information used) that it would have suffered a loss had an actual purchase of U.S. dollars euro been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of U.S. dollars euro on such date had not been practicable, on the first date on which it would have been practicable, it being required that the need for a change of date be certified in the manner mentioned above). These indemnities constitute a separate and independent obligation from the CompanyIssuer’s other obligations, shall will give rise to a separate and independent cause of action, shall will apply irrespective of any indulgence granted by any Holder or the Trustee and shall will continue in full force and effect despite any other judgment, order, claim or proof for a liquidated amount in respect of any sum due under any NoteNote or to the Trustee. Except as otherwise specifically set forth herein, for purposes of determining compliance with any euro-denominated restriction herein, the euro-equivalent amount for purposes hereof that is denominated in a non-euro currency shall be calculated based on the relevant currency exchange rate in effect on the date such non-euro amount is incurred or made, as the case may be.

Currency Indemnity. U.S. dollars are the The sole currency of account and payment for all sums payable by the Company Issuer under or in connection the Indenture with respect to the Notes, including damagesSterling Notes is sterling and with respect to the Dollar Notes is U.S. Dollars. Any amount received or recovered in a currency other than sterling, in respect of the Sterling Notes, or U.S. dollars dollars, in respect of the Dollar Notes, as the case may be (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the Company Company, any Subsidiary or otherwise) by any the Holder or the Trustee in respect of any sum expressed to be due to it from the Company shall only Issuer will constitute a discharge to of the Company Issuer only to the extent of the sterling amount or U.S. dollar amount amount, as the case may be, which the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable possible to make that purchase on that date, on the first date on which it is practicable possible to do so). If that sterling amount or U.S. dollar amount amount, as the case may be, is less than the sterling amount or U.S. dollar amount amount, as the case may be, expressed to be due to the recipient under any Note, the Company shall Issuer will indemnify the recipient against any loss sustained by it as a result. In any event, event the Company shall Issuer will indemnify the recipient against the cost of making any such purchase. For the purposes of this Section 13.09indemnity, it will be sufficient for the Holder or the Trustee to certify in a satisfactory manner (indicating the sources of information used) that it would have suffered a loss had an actual purchase of sterling or U.S. dollars dollar amount, as the case may be, been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of sterling or U.S. dollars dollar amount, as the case may be, on such date had not been practicable, on the first date on which it would have been practicable, it being required that the need for a change of date be certified in the manner mentioned above). These indemnities constitute a separate and independent obligation from the Company’s other obligationsobligations of the Issuer, shall will give rise to a separate and independent cause of action, shall will apply irrespective of any indulgence waiver granted by any Holder or the Trustee and shall will continue in full force and effect despite any other judgment, order, claim or proof for a liquidated amount in respect of any sum due under any NoteNote or any other judgment or order.

Currency Indemnity. U.S. dollars are The Euro is the sole currency of account and payment for all sums payable by the Company under or in connection with the Notes, including damages. Any amount received or recovered in a currency other than U.S. dollars euro (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the Company or otherwise) by any Holder of a Note or the Trustee in respect of any sum expressed to be due to it from the Company shall will only constitute a discharge to the Company to the extent of the dollar Euro amount which the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable to make that purchase on that date, on the first date on which it is practicable to do so). If that dollar Euro amount is less than the dollar Euro amount expressed to be due to the recipient under any NoteNote or the Trustee, the Company shall will indemnify the recipient them against any loss sustained by it them as a result. In any event, the Company shall will indemnify the recipient against the cost of making any such purchase. For the purposes of this Section 13.0911.12, it will be sufficient for the Holder of a Note or the Trustee to certify in a satisfactory manner (indicating the sources of information used) that it would have suffered a loss had an actual purchase of U.S. dollars Euro been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of U.S. dollars euro on such date had not been practicable, on the first date on which it would have been practicable, it being required that the need for a change of date be certified in the manner mentioned above). These indemnities constitute a separate and independent obligation from the Company’s 's other obligations, shall will give rise to a separate and independent cause of action, shall will apply irrespective of any indulgence granted by any Holder of a Note or the Trustee and shall will continue in full force and effect despite any other judgment, order, claim or proof for a liquidated amount in respect of any sum due under any NoteNote or the Trustee.

Currency Indemnity. (a) U.S. dollars are Dollars is the sole currency of account and payment for all sums payable by the Company and any Subsidiary Guarantor, under or in connection with the Notes, including damagesthis Indenture or any Subsidiary Guarantee. Any amount received or recovered in a currency other than U.S. dollars Dollars (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the Company Company, any Subsidiary or otherwise) by any Holder payee in respect of any sum expressed to be due to it from the Company and any Subsidiary Guarantor shall only constitute a discharge to of it under the Company Notes, this Indenture and such Subsidiary Guarantee to the extent of the dollar U.S. Dollar amount which the recipient such payee is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable to make that purchase on that date, on the first date on which it such payee is practicable able to do so). If that dollar U.S. Dollar amount is less than the dollar U.S. Dollar amount expressed to be due to the recipient under any Notethe Notes, this Indenture, or the Subsidiary Guarantee, the Company and any Subsidiary Guarantor shall indemnify the recipient against any loss sustained by it as a resultin making any such purchase. In any event, the Company and the Subsidiary Guarantors shall indemnify each payee, to the recipient greatest extent permitted under applicable law, against the cost of making any such purchasepurchase of U.S. Dollars. For the purposes of this Section 13.09‎Section 11.11, it will shall be sufficient for the Holder a payee to certify in a satisfactory manner (indicating the sources of information used) that it would have suffered a loss had an actual purchase of U.S. dollars Dollars been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of U.S. dollars Dollars on such date had not been practicable, on the first date on which it would have been practicable, it being required ) and that the need for a change of the purchase date be certified in the manner mentioned above). These indemnities constitute a separate and independent obligation from the Company’s other obligations, shall give rise to a separate and independent cause of action, shall apply irrespective of any indulgence granted by any Holder and shall continue in full force and effect despite any other judgment, order, claim or proof for a liquidated amount in respect of any sum due under any Notewas needed.

Currency Indemnity. U.S. dollars are the sole currency of account and payment for all sums payable by the Company and the Guarantors under or in connection with the NotesSecurities, including damages. Any amount account received or recovered in a currency other than U.S. dollars (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the liquidation, dissolution or other winding-up or dissolution of the affairs of the Company or the Guarantors or otherwise) by any Holder of a Note in respect of any sum expressed to be due to it from the Company or the Guarantors shall only constitute a discharge to the Company and the Guarantors to the extent of the dollar amount which the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable 98 98 to make that purchase on that date, on the first date on which it is practicable to do so). If that dollar amount is less than the dollar amount expressed to be due to the recipient under any Note, the Company and the Guarantors shall indemnify the recipient it against any loss sustained by it as a result. In any event, the Company and the Guarantors shall indemnify the recipient against the cost of making any such purchase. For the purposes of this Section 13.09paragraph, it will be sufficient for the Holder of a Note to certify in a satisfactory manner (indicating the sources of information used) that it would have suffered a loss had an actual purchase of U.S. dollars been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of U.S. dollars on such date had not been practicable, on the first date on which it would have been practicable, it being required that the need for a change of date be certified in the manner mentioned above). These indemnities constitute a separate and independent obligation from the Company’s 's and the Guarantors' other obligations, shall give rise to a separate and independent cause of action, shall apply irrespective of any indulgence granted by any Holder of a Note and shall continue constitute in full force and effect despite any other judgment, order, claim or proof for a liquidated amount in respect of any sum due under any Note.

Currency Indemnity. (a) U.S. dollars are Legal Tender is the sole currency of account and payment for all sums payable by the Company or any Subsidiary Guarantor under or in connection with the NotesNotes or this Indenture, including damages. Any amount received or recovered in a currency other than U.S. dollars Legal Tender (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the Company Company, any Subsidiary or otherwise) by any Holder of the Notes in respect of any sum expressed to be due to it from the Company or any Subsidiary Guarantor shall only constitute a discharge to of them under the Company Notes and this Indenture only to the extent of the dollar U.S. Legal Tender amount which the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable to make that purchase on that date, on the first date on which it is practicable to do so). If that dollar U.S. Legal Tender amount is less than the dollar U.S. Legal Tender amount expressed to be due to the recipient under any Notethe Notes or this Indenture, to the extent permissible under applicable law, the Company and the Subsidiary Guarantors shall jointly and severally indemnify and hold harmless the recipient against any loss sustained by it as a resultin making any such purchase. In any event, the Company and the Subsidiary Guarantors shall jointly and severally indemnify the recipient Holder against the cost of making any such purchasepurchase of U.S. Legal Tender. For the purposes of this Section 13.0911.11, it will be sufficient for the Holder of a Note to certify in a satisfactory manner (indicating the sources of information used) that it would have suffered a loss had an actual purchase of U.S. dollars Legal Tender been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of U.S. dollars Legal Tender on such date had not been practicable, on the first date on which it would have been practicable, it being required ) and that the need for a change of the purchase date be certified in the manner mentioned above). These indemnities constitute a separate and independent obligation from the Company’s other obligations, shall give rise to a separate and independent cause of action, shall apply irrespective of any indulgence granted by any Holder and shall continue in full force and effect despite any other judgment, order, claim or proof for a liquidated amount in respect of any sum due under any Notewas needed.

Currency Indemnity. U.S. dollars are the sole currency of account and payment for all sums payable by the Company under or in connection with the Notes, including damages. Any amount received or recovered in a currency other than U.S. dollars (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the Company or otherwise) by any Holder in respect of any sum expressed to be due to it from the Company shall only constitute a discharge to the Company to the extent of the dollar amount which the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable to make that purchase on that date, on the first date on which it is practicable to do so). If that dollar amount is less than the dollar amount expressed to be due to the recipient under any Note, the Company shall 81 75 indemnify the recipient against any loss sustained by it as a result. In any event, the Company shall indemnify the recipient against the cost of making any such purchase. For the purposes of this Section 13.0910.10, it will be sufficient for the Holder to certify in a satisfactory manner (indicating the sources of information used) that it would have suffered a loss had an actual purchase of U.S. dollars been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of U.S. dollars on such date had not been practicable, on the first date on which it would have been practicable, it being required that the need for a change of date be certified in the manner mentioned above). These indemnities constitute a separate and independent obligation from the Company’s 's other obligations, shall give rise to a separate and independent cause of action, shall apply irrespective of any indulgence granted by any Holder and shall continue in full force and effect despite any other judgment, order, claim or proof for a liquidated amount in respect of any sum due under any Note.

Currency Indemnity. (a) U.S. dollars are Dollars is the sole currency of account and payment for all sums payable by the Company and any Subsidiary Guarantor, under or in connection with the Notes, including damagesthis Indenture or any Subsidiary Guarantee. Any amount received or recovered in a currency other than U.S. dollars Dollars (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the Company Company, any Subsidiary or otherwise) by the Trustee, a Paying Agent or any Holder of the Notes in respect of any sum expressed to be due to it from the Company and any Subsidiary Guarantor shall only constitute a discharge to of it under the Company Notes, this Indenture and such Subsidiary Guarantee only to the extent of the dollar U.S. Dollars amount which the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable to make that purchase on that date, on the first date on which it is practicable to do so). If that dollar U.S. Dollars amount is less than the dollar U.S. Dollars amount expressed to be due to the recipient under any Notethe Notes, this Indenture, or the Subsidiary Guarantee, the Company and any Subsidiary Guarantor shall indemnify the recipient against any loss sustained by it as a resultin making any such purchase. In any event, the Company or relevant Subsidiary Guarantor shall indemnify the recipient Holder against the cost of making any such purchasepurchase of U.S. Dollars. For the purposes of this Section 13.0911.11, it will shall be sufficient for the Trustee, Paying Agent and/or Holder of a Note to certify in a satisfactory manner (indicating the sources of information used) that it would have suffered a loss had an actual purchase of U.S. dollars Dollars been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of U.S. dollars Dollars on such date had not been practicable, on the first date on which it would have been practicable, it being required ) and that the need for a change of the purchase date be certified in the manner mentioned above). These indemnities constitute a separate and independent obligation from the Company’s other obligations, shall give rise to a separate and independent cause of action, shall apply irrespective of any indulgence granted by any Holder and shall continue in full force and effect despite any other judgment, order, claim or proof for a liquidated amount in respect of any sum due under any Notewas needed.

Currency Indemnity. U.S. dollars are the sole currency of account and payment for all sums payable by the Company under or in connection with the Notes, including damages. Any amount received or recovered in a currency other than U.S. dollars that in which the relevant payment is expressed to be due (the Contractual Currency) (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up or dissolution (or similar under the laws of the Company Italy) of ENEL or otherwise) by any Holder Beneficiary in respect of any sum expressed to be due to it from the Company ENEL shall only constitute a discharge to the Company ENEL to the extent of the dollar amount in the Contractual Currency which the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable to make that purchase on that date, on the first date on which it is practicable to do so). If that dollar amount in the Contractual Currency is less than the dollar amount in the Contractual Currency expressed to be due to the recipient under any Note, any Receipt, any Coupon or the Company Deed of Covenant, ENEL shall indemnify the recipient it against any loss sustained by it as a result. In any event, the Company ENEL shall indemnify the recipient against the cost of making any such purchase. For the purposes of this Section 13.09clause, it will be sufficient for the Holder relevant Beneficiary to certify in a satisfactory manner (indicating the sources of information used) demonstrate that it would have suffered a loss had an actual purchase of U.S. dollars been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of U.S. dollars on such date had not been practicable, on the first date on which it would have been practicable, it being required that the need for a change of date be certified in the manner mentioned above)made. These indemnities constitute a separate and independent obligation from the CompanyENEL’s other obligations, shall give rise to a separate and independent cause of action, shall apply irrespective of any indulgence granted by any Holder Beneficiary and shall continue in full force and effect despite any other judgment, order, claim or proof for a liquidated amount in respect of any sum due under any Note, any Receipt, any Coupon or the Deed of Covenant or any other judgment or order.

Currency Indemnity. U.S. dollars are the sole currency of account and payment for all sums payable by the Company Issuer under or in connection with the Senior Notes, including damages. Any amount received or recovered in a currency other than U.S. dollars (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the Company Issuer or otherwise) by any Holder in respect of any sum expressed to be due to it from the Company Issuer shall only constitute a discharge to the Company Issuer to the extent of the dollar amount which the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable to make that purchase on that date, on the first date on which it is practicable to do so). If that dollar amount is less than the dollar amount expressed to be due to the recipient under any Senior Note, the Company Issuer shall indemnify the recipient against any loss sustained by it as a result. In any event, the Company Issuer shall indemnify the recipient against the cost of making any such purchase. For the purposes of this Section 13.091.18, it will be sufficient for the Holder to certify in a satisfactory manner (indicating the sources of information used) that it would have suffered a loss had an actual purchase of U.S. dollars been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of U.S. dollars on such date had not been practicable, on the first date on which it would have been practicable, it being required that the need for a change of date be certified in the manner mentioned above). These indemnities constitute a separate and independent obligation from the Company’s Issuer's other obligations, shall give rise to a separate and independent cause of action, shall apply irrespective of any indulgence granted by any Holder and shall continue in full force and effect despite any other judgment, order, claim or proof for a liquidated amount in respect of any sum due under any Senior Note.

Currency Indemnity. U.S. dollars are Euro is the sole currency of account ------------------ and payment for all sums payable by the Company under or in connection with the Notes, including damages. Any amount received or recovered in a currency other than U.S. dollars Euro (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the Company or otherwise) by any Holder of a Note, the Trustee or the Agents in respect of any sum expressed to be due to it from the Company shall only constitute a discharge to the Company to the extent of the dollar Euro amount which the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable to make that purchase on that date, on the first date on which it is practicable to do so). If that dollar Euro amount is less than the dollar Euro amount expressed to be due to the recipient, the Company shall indemnify it against any loss sustained by it as a result. If the Euro amount is greater than the Euro amount expressed to be due to the recipient under any Notethis Agreement, the Company shall indemnify be entitled to the recipient against any loss sustained by it as a resultamount of such excess. In any event, the Company shall indemnify the recipient against the cost of making any such purchase. For the purposes of this Section 13.09subsection, it will be sufficient for the Trustee or any Holder of a Note to certify in a satisfactory manner (indicating the sources of information used) that it would have suffered a loss had an actual purchase of U.S. dollars Euro been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of U.S. dollars Euro on such date had not been practicable, on the first date on which it would have been practicable, it being required that the need for a change of date be certified in the manner mentioned above). These indemnities constitute a separate and independent obligation from the Company’s 's other obligations, shall give rise to a separate and independent cause of action, shall apply irrespective of any indulgence granted by the Trustee or any Holder of a Note and shall continue in full force and effect despite any other judgment, order, claim or proof for a liquidated amount in respect of any sum due under any Note.

Currency Indemnity. (a) U.S. dollars are Dollars is the sole currency of account and payment for all sums payable by the Company Company, and any Restricted Subsidiary which after the Issue Date provides a Subsidiary Guarantee, under or in connection with the Notes, including damagesthis Indenture or such Subsidiary Guarantee. Any amount received or recovered in a currency other than U.S. dollars Dollars (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the Company Company, any Subsidiary or otherwise) by any Holder of the Notes in respect of any sum expressed to be due to it from the Company Company, and any Restricted Subsidiary which after the Issue Date provides a Subsidiary Guarantee, shall only constitute a discharge to of it under the Company Notes, this Indenture and the Subsidiary Guarantee only to the extent of the dollar U.S. Dollars amount which the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable to make that purchase on that date, on the first date on which it is practicable to do so). If that dollar U.S. Dollars amount is less than the dollar U.S. Dollars amount expressed to be due to the recipient under any Notethe Notes, this Indenture, or the Subsidiary Guarantee, the Company Company, and any Restricted Subsidiary which after the Issue Date provides a Subsidiary Guarantee, shall indemnify the recipient against any loss sustained by it as a resultin making any such purchase. In any event, the Company shall indemnify the recipient Holder against the cost of making any such purchasepurchase of U.S. Dollars. For the purposes of this Section 13.0910.11, it will shall be sufficient for the Holder of a Note to certify in a manner reasonably satisfactory manner (indicating to the sources of information used) Company that it would have suffered a loss had an actual purchase of U.S. dollars Dollars been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of U.S. dollars Dollars on such date had not been practicable, on the first date on which it would have been practicable, it being required ) and that the need for a change of the purchase date be certified in the manner mentioned above). These indemnities constitute a separate and independent obligation from the Company’s other obligations, shall give rise to a separate and independent cause of action, shall apply irrespective of any indulgence granted by any Holder and shall continue in full force and effect despite any other judgment, order, claim or proof for a liquidated amount in respect of any sum due under any Notewas needed.

Currency Indemnity. U.S. dollars are the sole currency of account and payment for all sums payable by the Company under or in connection with the Notes, including damages. Any amount received or recovered in respect of the Notes in a currency other than U.S. dollars the currency specified in the Notes (the “Specified Currency”) (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in respect of the winding-up bankruptcy, liquidation or dissolution of the Company or otherwise) by any Holder of Notes in respect of any sum expressed to be due to it from the Company shall only constitute a discharge to of the Company to the extent of the dollar Specified Currency amount which the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable to make that purchase on that date, on the first date on which it is practicable to do so). If that dollar Specified Currency amount is less than the dollar Specified Currency amount expressed to be due to the recipient under any Note, the Company shall indemnify the such recipient against any loss sustained by it as a result. In , and in any event, the Company shall indemnify the recipient against the cost of making any such purchase. For the purposes of this Section 13.09Section, it will shall be sufficient for the Holder to certify in a manner reasonably satisfactory manner to Company (indicating the sources of information used) that it would have suffered a loss had an actual purchase of U.S. dollars Specified Currency been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of U.S. dollars Specified Currency on such date had not been practicable, on the first date on which it would have been practicable, it being required that the need for a change of date be certified in the manner mentioned above). These indemnities constitute a separate and independent obligation of the Company from the Company’s its other obligations, shall give rise to a separate and independent cause of action, shall apply irrespective of any indulgence waiver granted by any Holder and shall continue in full force and effect despite any other judgment, order, claim or proof for a liquidated amount in respect of any sum due under any NoteNote or any other judgment or order.

Currency Indemnity. U.S. dollars are The dollar is the sole currency of account and payment for all sums payable by the Company under or in connection with the Notes, including damagesthis Debt Security. Any amount received or recovered in a currency other than U.S. dollars (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-winding up or dissolution of the Company or otherwise) by any Holder of Debt Securities of any series in respect of any sum expressed to be due to it from the Company shall only constitute a discharge to of the Company to the extent of the dollar amount which the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable to make that purchase on that date, on the first date on which it is practicable to do so). If that dollar amount is less than the dollar amount expressed to be due to the recipient under any NoteDebt Security, the Company shall indemnify the such recipient against any loss sustained by it as a result. In any event, the Company shall indemnify the recipient against the cost of making any such purchase. For the purposes of this Section 13.09paragraph, it will be sufficient for the Holder to certify in a satisfactory manner (indicating the sources of information used) that it would have suffered a loss had an actual purchase of U.S. dollars been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of U.S. dollars on such date had not been practicable, on or the first date on which it would have been practicable, it being required that the need for a change of date be certified in the manner mentioned above). These indemnities constitute a separate and independent obligation from the Company’s other obligations, shall give rise to a separate and independent cause of action, shall apply irrespective of any indulgence waiver granted by any Holder and shall continue in full force and effect despite any other judgment, order, claim or proof for a liquidated amount in respect of any sum due under any NoteDebt Security or any other judgment or order.

Currency Indemnity. U.S. dollars Dollars are the sole currency of account and payment for all sums payable by the Company or the Guarantors under or in connection with the NotesNotes and the Note Guarantees, including damages. Any amount received or recovered in a currency other than U.S. dollars Dollars (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the Company or otherwise) by any Holder of a Note in respect of any sum expressed to be due to it from the Company or any Guarantor shall only constitute a discharge to the Company or the Guarantors, as the case may be, to the extent of the dollar U.S. Dollar amount which that the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable to make that purchase on that date, on the first date on which it is practicable to do so). If that dollar U.S. Dollar amount is less than the dollar U.S. Dollar amount expressed to be due to the recipient under any Note, the Company and the Guarantors shall indemnify the recipient such Holder against any loss sustained by it as a result, and if the amount of U.S. Dollars so purchased is greater than the sum originally due to such Holder, such Holder shall, by accepting a Note, be deemed to have agreed to repay such excess. In any event, the Company and the Guarantors shall indemnify the recipient against the cost of making any such purchase. For the purposes of this Section 13.0911.06, it will shall be sufficient for the Holder of a Note to certify in a satisfactory manner (indicating the sources of information used) that it would have suffered a loss had an actual purchase of U.S. dollars Dollars been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of U.S. dollars Dollars on such date had not been practicable, on the first date on which it would have been practicable, it being required that the need for a change of date be certified in the manner mentioned above). These indemnities constitute a separate and independent obligation from the Company’s other obligationsobligations of the Company and the Guarantors, shall give rise to a separate and independent cause of action, shall apply irrespective of any indulgence granted by any Holder of a Note and shall continue in full force and effect despite any other judgment, order, claim or proof for a liquidated amount in respect of any sum due under any Note.

Currency Indemnity. U.S. dollars Dollars are the sole currency of account and payment for all sums payable by the Company under or in connection with the NotesSecurities, including damages. Any amount received or recovered in a currency other than U.S. dollars Dollars (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the Company or otherwise) by any Holder holder of a Security in respect of any sum expressed to be due to it from the Company shall only constitute a discharge to the Company Company, to the extent of the dollar U.S. Dollar amount which the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable to make that purchase on that date, on the first date on which it is practicable to do so). If that dollar U.S. Dollar amount is less than the dollar U.S. Dollar amount expressed to be due to the recipient under any NoteSecurity, the Company shall indemnify the recipient such holder against any loss sustained by it as a result, and if the amount of U.S. Dollars so purchased is greater than the sum originally due to such holder, such holder shall, by accepting a Security, be deemed to have agreed to repay such excess. In any event, the Company shall indemnify the recipient against the cost of making any such purchase. For the purposes of this Section 13.0913.14, it will shall be sufficient for the Holder holder of a Security to certify in a satisfactory manner (indicating the sources of information used) that it would have suffered a loss had an actual purchase of U.S. dollars Dollars been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of U.S. dollars Dollars on such date had not been practicable, on the first date on which it would have been practicable, it being required that the need for a change of date be certified in the manner mentioned above). These indemnities constitute a separate and independent obligation from the other obligations of the Company’s other obligations, shall give rise to a separate and independent cause of action, shall apply irrespective of any indulgence granted by any Holder holder of a Security and shall continue in full force and effect despite any other judgment, order, claim or proof for a liquidated amount in respect of any sum due under any NoteSecurity.

Currency Indemnity. (a) U.S. dollars are Legal Tender is the sole currency of account and payment for all sums payable by the Company or any Subsidiary Guarantor under or in connection with the NotesNotes or this Indenture, including damages. Any amount received or recovered in a currency other than U.S. dollars Legal Tender (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the Company Company, any Subsidiary or otherwise) by any Holder of the Notes in respect of any sum expressed to be due to it from the Company or any Subsidiary Guarantor shall only constitute a discharge to of them under the Company Notes and this Indenture only to the extent of the dollar U.S. Legal Tender amount which the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable to make that purchase on that date, on the first date on which it is practicable to do so). If that dollar U.S. Legal Tender amount is less than the dollar U.S. Legal Tender amount expressed to be due to the recipient under any Notethe Notes or this Indenture, the Company and the Subsidiary Guarantors shall jointly and severally indemnify and hold harmless the recipient against any loss sustained by it as a resultin making any such purchase. In any event, the Company and the Subsidiary Guarantors shall jointly and severally indemnify the recipient Holder against the cost of making any such purchasepurchase of U.S. Legal Tender. For the purposes of this Section 13.0911.14, it will be sufficient for the Holder of a Note to certify in a satisfactory manner (indicating the sources of information used) that it would have suffered a loss had an actual purchase of U.S. dollars Legal Tender been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of U.S. dollars Legal Tender on such date had not been practicable, on the first date on which it would have been practicable, it being required ) and that the need for a change of the purchase date be certified in the manner mentioned above). These indemnities constitute a separate and independent obligation from the Company’s other obligations, shall give rise to a separate and independent cause of action, shall apply irrespective of any indulgence granted by any Holder and shall continue in full force and effect despite any other judgment, order, claim or proof for a liquidated amount in respect of any sum due under any Notewas needed.

Currency Indemnity. U.S. dollars are the sole currency of account and payment for all sums payable by the Company under or in connection with the Notes, including damages. Any amount account received or recovered in a currency other than U.S. dollars (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the liquidation, dissolution or other winding-up or dissolution of the affairs of the Company or otherwise) by any Holder of a Note in respect of any sum expressed to be due to it from the Company shall only constitute a discharge to the Company to the extent of the dollar amount which the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable to make that purchase on that date, on the first date on which it is practicable to do so). If that dollar amount is less than the dollar amount expressed to be due to the recipient under any Note, the Company shall indemnify the recipient it against any loss sustained by it as a result. In any event, the Company shall indemnify the recipient against the cost of making any such purchase. For the purposes of this Section 13.09paragraph, it will be sufficient for the Holder of a Note to certify in a satisfactory manner (indicating the sources of information used) that it would have suffered a loss had an actual purchase of U.S. dollars been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of U.S. dollars on such date had not been practicable, on the first date on which it would have been practicable, it being required that the need for a change of date be certified in the manner mentioned above). These indemnities constitute a separate and independent obligation from the Company’s 's other obligations, shall give rise to a separate and independent cause of action, shall apply irrespective of any indulgence granted by any Holder of a Note and shall continue constitute in full force and effect despite any other judgment, order, claim or proof for a liquidated amount in respect of any sum due under any Note.

Currency Indemnity. U.S. dollars Euros are the sole currency of account and payment for all sums payable by the Company under or in connection with the Notes, including damages. Any amount received or recovered in a currency other than U.S. dollars euros (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the Company or otherwise) by any Holder of a Note in respect of any sum expressed to be due to it from the Company shall only constitute a discharge to the Company to the extent of the dollar euro amount which the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable to make that purchase on that date, on the first date on which it is practicable to do so). If that dollar euro amount is less than the dollar euro amount expressed to be due to the recipient under any Note, the Company shall indemnify the recipient it against any loss sustained by it as a result. If the euro amount is greater than the euro amount expressed to be due to the recipient under this Agreement, the Company shall be entitled to the amount of such excess. In any event, the Company shall indemnify the recipient against the cost of making any such purchase. For the purposes of this Section 13.09subsection, it will be sufficient for the Trustee or any Holder of a Note to certify in a satisfactory manner (indicating the sources of information used) that it would have suffered a loss had an actual purchase of U.S. dollars euros been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of U.S. dollars on such date had not been practicable, on the first date on which it would have been practicable, it being required that the need for a change of date be certified in the manner mentioned above). These indemnities constitute a separate and independent obligation from the Company’s 's other obligations, shall give rise to a separate and independent cause of action, shall apply irrespective of any indulgence granted by the Trustee or any Holder of a Note and shall continue in full force and effect despite any other judgment, order, claim or proof for a liquidated amount in respect of any sum due under any Note.