Fallback Position Sample Clauses

Fallback Position. (i) Notwithstanding any provision to the contrary contained in Section 5.18(a)(i), if any Dutch Parallel Debt constitutes the Collateral Agent as a joint creditor with any other Agent or any Lender, the Collateral Agent may determine (at its discretion) that any such Dutch Parallel Debts shall be combined into one single Dutch Parallel Debt (a “Combined Dutch Parallel Debt”), whereupon those Dutch Parallel Debts shall be combined into a Combined Dutch Parallel Debt: (A) the amount of a combined Dutch Parallel Debt shall be equal to the aggregate amount of all of the Underlying Debts combined into it; (B) which shall, if the Underlying Debts are expressed in different currencies, be expressed in such of those currencies as the Collateral Agent may determine; (C) which shall, if the Underlying Debts combined into it fall due at different times, fall due in parts corresponding to those Underlying Debts (but otherwise in accordance with Section 2.11) and (D) to which this Agreement shall otherwise apply as if the Dutch Combined Parallel Debt were a Dutch Parallel Debt. (ii) If any Underlying Debt is avoided or reduced other than (A) as a result of payment to, or recovery or discharge by, the Agent or Lender to which the Underlying Debt is owed; or (B) otherwise with the consent of such Agent or Lender, then the amount of the Dutch Parallel Debt corresponding to that Underlying Debt shall be equal to the amount that the Underlying Debt would have been if the avoidance or reduction had not occurred.