Common use of Currency Translation Clause in Contracts

Currency Translation. For purposes of any determination under Article VI or VII, amounts incurred or outstanding, or proposed to be incurred or outstanding, in currencies other than dollars shall be translated into dollars at the currency exchange rates in effect on the date of such determination; provided that (a) for purposes of any determination under Sections 6.01 and 6.02, the amount of each applicable transaction denominated in a currency other than dollars shall be translated into dollars at the applicable currency exchange rate in effect on the date of the consummation thereof, which currency exchange rates shall be determined reasonably and in good faith by the Company, and (b) for purposes of the Leverage Ratio, any other financial test and the related definitions, amounts in currencies other than dollars shall be translated into dollars at the currency exchange rates then most recently used in preparing the consolidated financial statements of the Company. Notwithstanding anything to the contrary set forth herein, but subject to clause (b) above, (i) no Default shall arise as a result of any limitation or threshold expressed in dollars in this Agreement being exceeded in respect of any transaction solely as a result of changes in currency exchange rates from those applicable for determining compliance with this Agreement at the time of, or at any time following, such transaction and (ii) in the case of any Indebtedness outstanding under any clause of Section 6.01 or secured under any clause of Section 6.02 that contains a limitation expressed in dollars and that, as a result of changes in exchange rates, is so exceeded, such Indebtedness will be permitted to be refinanced notwithstanding that, after giving effect to such refinancing, such excess shall continue.

Currency Translation. For purposes of any determination under Article VI or VIISections 6 and 8, amounts incurred or outstanding, or proposed to be incurred or outstanding, in currencies other than dollars Dollars shall be translated into dollars Dollars at the currency exchange rates in effect on the date of such determination; provided that (a) for purposes of any determination under Sections 6.01 6.1, 6.4, 6.6 and 6.026.8, the amount of each applicable transaction denominated in a currency other than dollars Dollars shall be translated into dollars Dollars at the applicable currency exchange rate in effect on the date of the consummation thereof, which currency exchange rates shall be determined reasonably and in good faith by the CompanyBorrower, and (b) for purposes of the Leverage RatioFinancial Covenant, any other financial test and the related definitions, amounts in currencies other than dollars Dollars shall be translated into dollars Dollars at the currency exchange rates then most recently used in preparing the consolidated financial statements of the CompanyBorrower. Notwithstanding anything to the contrary set forth herein, herein but subject to clause (b) above, (i) no Default shall arise as a result of any limitation or threshold expressed in dollars Dollars in this Agreement being exceeded in respect of any transaction solely as a result of changes in currency exchange rates from those applicable for determining compliance with this Agreement at the time of, or at any time following, such transaction and (ii) in the case of any Indebtedness outstanding under any clause of Section 6.01 6.1 or secured under any clause of Section 6.02 6.2 that contains a limitation expressed in dollars Dollars and that, as a result of changes in exchange rates, is so exceeded, such Indebtedness will be permitted to be refinanced with Refinancing Indebtedness in respect thereof incurred under such clause notwithstanding that, after giving effect to such refinancing, such excess shall continue.

Currency Translation. For purposes of any determination under Article VI or VIISections 6 and 8, amounts incurred or outstanding, or proposed to be incurred or outstanding, in currencies other than dollars Dollars shall be translated into dollars Dollars at the currency exchange rates in effect on the date of such determination; provided that (a) for purposes of any determination under Sections 6.01 6.1, 6.4, 6.6 and 6.026.8, the amount of each applicable transaction denominated in a currency other than dollars Dollars shall be translated into dollars Dollars at the applicable currency exchange rate in effect on the date of the consummation thereof, which currency exchange rates shall be determined reasonably and in good faith by the CompanyBorrower, and (b) for purposes of the Leverage RatioFinancial Performance Covenant, any other financial test and the related definitions, amounts in currencies other than dollars Dollars shall be translated into dollars Dollars at the currency exchange rates then most recently used in preparing the consolidated financial statements of the CompanyBorrower. Notwithstanding anything to the contrary set forth herein, but subject to clause (b) above, (i) no Default shall arise as a result of any limitation or threshold expressed in dollars Dollars in this Agreement being exceeded in respect of any transaction solely as a result of changes in currency exchange rates from those applicable for determining compliance with this Agreement at the time of, or at any time following, such transaction and (ii) in the case of any Indebtedness outstanding under any clause of Section 6.01 6.1 or secured under any clause of Section 6.02 6.2 that contains a limitation expressed in dollars Dollars and that, as a result of changes in exchange rates, is so exceeded, such Indebtedness will be permitted to be refinanced with Refinancing Indebtedness in respect thereof incurred under such clause notwithstanding that, after giving effect to such refinancing, such excess shall continue.

Currency Translation. For purposes of any determination under Article VI or VIISections 6 and 8, amounts incurred or outstanding, or proposed to be incurred or outstanding, in currencies other than dollars Dollars shall be translated into dollars Dollars at the currency exchange rates in effect on the date of such determination; provided that (a) for purposes of any determination under Sections 6.01 6.1, 6.4, 6.6 and 6.026.8, the amount of each applicable transaction denominated in a currency other than dollars Dollars shall be translated into dollars Dollars at the applicable currency exchange rate in effect on the date of the consummation thereof, which currency exchange rates shall be determined reasonably and in good faith by the CompanyBorrower, and (b) for purposes of the Leverage Ratio, any other financial test and the related definitions, amounts in currencies other than dollars Dollars shall be translated into dollars Dollars at the currency exchange rates then most recently used in preparing the consolidated financial statements of the CompanyBorrower. Notwithstanding anything to the contrary set forth herein, herein but subject to clause (b) above, (i) no Default shall arise as a result of any limitation or threshold expressed in dollars Dollars in this Agreement being exceeded in respect of any transaction solely as a result of changes in currency exchange rates from those applicable for determining compliance with this Agreement at the time of, or at any time following, such transaction and (ii) in the case of any Indebtedness outstanding under any clause of Section 6.01 6.1 or secured under any clause of Section 6.02 6.2 that contains a limitation expressed in dollars Dollars and that, as a result of changes in exchange rates, is so exceeded, such Indebtedness will be permitted to be refinanced with Refinancing Indebtedness in respect thereof incurred under such clause notwithstanding that, after giving effect to such refinancing, such excess shall continue.

Currency Translation. For purposes of any determination under Article VI or VIISections 6 and 8, amounts incurred or outstanding, or proposed to be incurred or outstanding, in currencies other than dollars Dollars shall be translated into dollars Dollars at the currency exchange rates in effect on the date of such determination; provided that (a) for purposes of any determination under Sections 6.01 6.1, 6.4, 6.6 and 6.026.8, the amount of each applicable transaction denominated in a currency other than dollars Dollars shall be translated into dollars Dollars at the applicable currency exchange rate in effect on the date of the consummation thereof, which currency exchange rates shall be determined reasonably and in good faith by the CompanyBorrower, and (b) for purposes of the Leverage Ratio, any other financial test and the related definitions, amounts in currencies other than dollars Dollars shall be translated into dollars Dollars at the currency exchange rates then most recently used in preparing the consolidated financial statements of the CompanyBorrower. Notwithstanding anything to the contrary set forth herein, herein but subject to clause (b) above, (i) no Default shall arise as a result of any limitation or threshold expressed in dollars Dollars in this Agreement being exceeded in respect of any transaction solely as a result of changes in currency exchange rates from those applicable for determining compliance with this Agreement at the time of, or at any time following, such transaction and (ii) in the case of any Indebtedness outstanding under any clause of Section 6.01 6.1 or secured under any clause of Section 6.02 6.2 that contains a limitation expressed in dollars Dollars and that, as a result of changes in exchange rates, is so exceeded, such Indebtedness will be permitted to be refinanced with Refinancing Indebtedness in respect thereof incurred under such clause notwithstanding that, after giving effect to such refinancing, such excess shall continue.