Common use of Foreign Currency Clause in Contracts

Foreign Currency. If any claim arising under or related to this Guaranty is reduced to judgment denominated in a currency (the “Judgment Currency”) other than the currencies in which the applicable Guaranteed Obligations are denominated (collectively the “Obligations Currency”), the judgment shall be for the equivalent in the Judgment Currency of the amount of the claim denominated in the Obligations Currency included in the judgment, determined as of the date of judgment. The equivalent of any Obligations Currency amount in any Judgment Currency shall be calculated at the Exchange Rate for the purchase of the Obligations Currency with the Judgment Currency. Each Guarantor shall indemnify the Holders of Obligations and hold the Holders of Obligations harmless from and against all loss or damage resulting from any change in exchange rates between the date any claim is reduced to judgment and the date of payment thereof by any Guarantor. If the Administrative Agent so notifies the Guarantors in writing, at the Administrative Agent’s sole and absolute discretion, payments under this Guaranty shall be the Dollar Amount of the Guaranteed Obligations or any portion thereof, determined as of the date payment is made.

Foreign Currency. (a) If any claim arising under or related to this Guaranty is reduced to judgment denominated in a currency (the “Judgment Currency”) other than the currency or currencies in which the applicable Guaranteed Obligations are guaranteed Indebtedness is denominated (collectively the individually, an “Obligations Obligation Currency”), the judgment shall be for the equivalent in the Judgment Currency of the amount of the claim denominated in the Obligations each Obligation Currency included in the judgment, determined as of the date of judgment. The equivalent of any Obligations Obligation Currency amount in any Judgment Currency shall be calculated at the Exchange Rate spot rate for the purchase of the Obligations Obligation Currency with the Judgment CurrencyCurrency quoted by Bank in the place of Bank’s choice at or about 8:00 a.m. on the date for determination specified above. Each Guarantor shall indemnify the Holders of Obligations Bank and hold the Holders of Obligations Bank harmless from and against all loss or damage resulting from any change in exchange rates between the date any claim is reduced to judgment and the date of payment thereof by Guarantor. (b) The obligations hereunder shall not be affected by any Guarantoracts of any governmental authority affecting Borrower including, without limitation, any restrictions on the conversion of currency or repatriation or control of funds or any total or partial expropriation of Borrower’s property, or by economic, political, regulatory, or other events in the countries where Borrower is located. If the Administrative Agent Bank so notifies the Guarantors Guarantor in writing, at the Administrative AgentBank’s sole and absolute discretion, payments under this Guaranty shall be made in the U.S. Dollar Amount equivalent of the Guaranteed Obligations or any portion thereofguaranteed Indebtedness that is denominated in an Obligation Currency, determined as of the date payment is made.

Foreign Currency. If the Administrative Agent so notifies the Guarantor in writing, at the Administrative Agent’s sole and absolute discretion (with the consent of the Required Lenders or all of the Lenders, to the extent required by Section 11.01 of the Credit Agreement), payments under this Agreement shall be the Dollar equivalent of the Guaranteed Obligations or any portion thereof, determined as of the date payment is made. If any claim arising under or related to this Guaranty Agreement is reduced to judgment denominated in a currency (the “Judgment Currency”) other than the currencies in which the applicable Guaranteed Obligations are denominated (collectively the “Obligations Currency”), the judgment shall be for the equivalent in the Judgment Currency of the amount of the claim denominated in the Obligations Currency included in the judgment, determined as of the date of judgment. The equivalent of any Obligations Currency amount in any Judgment Currency shall be calculated at the Exchange Rate spot rate for the purchase of the Obligations Currency with the Judgment CurrencyCurrency quoted by the Administrative Agent in the place of the Administrative Agent’s choice at or about 8:00 a.m. on the date for determination specified above. Each The Guarantor shall indemnify the Holders of Obligations each Indemnitee and hold the Holders of Obligations each Indemnitee harmless from and against all loss or damage resulting from any change in exchange rates between the date any claim is reduced to judgment and the date of payment thereof by the Guarantor or any Guarantor. If the Administrative Agent so notifies the Guarantors in writing, at the Administrative Agent’s sole and absolute discretion, payments under this Guaranty shall be the Dollar Amount failure of the Guaranteed Obligations or amount of any portion thereof, determined such judgment to be calculated as of the date payment is madeprovided in this paragraph.

Foreign Currency. If any claim arising under or related to this Guaranty is reduced to judgment denominated in a currency (the “Judgment Currency”) other than the currencies in which the applicable Guaranteed Obligations are denominated (collectively the “Obligations Currency”), the judgment shall be for the equivalent in the Judgment Currency of the amount of the claim denominated in the Obligations Currency included in the judgment, determined as of the date of judgment. The equivalent of any Obligations Currency amount in any Judgment Currency shall be calculated at the Exchange Rate spot rate for the purchase of the Obligations Currency with the Judgment CurrencyCurrency quoted by the Administrative Agent in the place of the Administrative Agent’s choice at or about 8:00 a.m. on the date for determination specified above. Each Guarantor shall indemnify the Holders of Obligations and hold the Holders of Obligations harmless from and against all loss or damage resulting from any change in exchange rates between the date any claim is reduced to judgment and the date of payment thereof by any Guarantor. If the Administrative Agent so notifies the Guarantors in writing, at the Administrative Agent’s sole and absolute discretion, payments under this Guaranty shall be the Dollar Amount Equivalent of the Guaranteed Obligations or any portion thereof, determined as of the date payment is made.

Foreign Currency. If any claim arising under or related to this Guaranty is reduced to judgment denominated in a currency (the “Judgment Currency”) other than the currencies in which the applicable Guaranteed Obligations are denominated (collectively the “Obligations Currency”), the judgment shall be for the equivalent in the Judgment Currency of the amount of the claim denominated in the Obligations Currency included in the judgment, determined as of the date of judgment. The equivalent of any Obligations Currency amount in any Judgment Currency shall be calculated at the Exchange Rate for the purchase of the Obligations Currency with the Judgment Currency. Each Domestic Guarantor shall indemnify the Holders of Obligations and hold the Holders of Obligations harmless from and against all loss or damage resulting from any change in exchange rates between the date any claim is reduced to judgment and the date of payment thereof by any Domestic Guarantor. If the Administrative Agent so notifies the Domestic Guarantors in writing, at the Administrative Agent’s sole and absolute discretion, payments under this Guaranty shall be the Dollar Amount of the Guaranteed Obligations or any portion thereof, determined as of the date payment is made.

Foreign Currency. If the Administrative Agent so notifies the Guarantors in writing, at the Administrative Agent’s sole and absolute discretion, payments under this Guaranty shall be the Dollar Equivalent of the Guaranteed Obligations or any portion thereof, determined as of the date payment is made. If any claim arising under or related to this Guaranty is reduced to judgment denominated in a currency (the “Judgment Currency”) other than the currencies in which the applicable Guaranteed Obligations are denominated or the currencies payable hereunder (collectively the “Obligations Currency”), the judgment shall be for the equivalent in the Judgment Currency of the amount of the claim denominated in the Obligations Currency included in the judgment, determined as of the date of judgment. The equivalent of any Obligations Currency amount in any Judgment Currency shall be calculated at the Exchange Rate for the purchase as set forth in Section 10.20 of the Obligations Currency with the Judgment CurrencyCredit Agreement. Each Guarantor The Guarantors shall indemnify the Holders of Obligations Administrative Agent and the Guarantee Beneficiaries and hold the Holders of Obligations Administrative Agent and Guarantee Beneficiaries harmless from and against all loss or damage resulting from any change in exchange rates between the date any claim is reduced to judgment and the date of payment thereof by a Guarantor or any Guarantor. If the Administrative Agent so notifies the Guarantors in writing, at the Administrative Agent’s sole and absolute discretion, payments under this Guaranty shall be the Dollar Amount failure of the Guaranteed Obligations or amount of any portion thereof, determined such judgment to be calculated as of the date payment is madeprovided in this paragraph.

Foreign Currency. (a) If any claim arising under or related to this Guaranty is reduced to judgment denominated in a currency (the “Judgment Currency”) other than the currency or currencies in which the applicable Guaranteed Obligations are guaranteed Indebtedness is denominated (collectively the individually, an “Obligations Obligation Currency”), the judgment shall be for the equivalent in the Judgment Currency of the amount of the claim denominated in the Obligations each Obligation Currency included in the judgment, determined as of the date of judgment. The equivalent of any Obligations Obligation Currency amount in any Judgment Currency shall be calculated at the Exchange Rate spot rate for the purchase of the Obligations Obligation Currency with the Judgment CurrencyCurrency quoted by Bank in the place of Bank’s choice at or about 8:00 a.m. on the date for determination specified above. Each Guarantor shall indemnify the Holders of Obligations Bank and hold the Holders of Obligations Bank harmless from and against all loss or damage resulting from any change in exchange rates between the date any claim is reduced to judgment and the date of payment thereof by Guarantor. (b) The obligations hereunder shall not be affected by any Guarantoracts of any governmental authority affecting the Foreign Subsidiaries including, without limitation, any restrictions on the conversion of currency or repatriation or control of funds or any total or partial expropriation of the Foreign Subsidiaries’ property, or by economic, political, regulatory, or other events in the countries where the Foreign Subsidiaries are located. If the Administrative Agent Bank so notifies the Guarantors Guarantor in writing, at the Administrative AgentBank’s sole and absolute discretion, payments under this Guaranty shall be made in the U.S. Dollar Amount equivalent of the Guaranteed Obligations or any portion thereofguaranteed Indebtedness that is denominated in an Obligation Currency, determined as of the date payment is made.

Foreign Currency. (a) If any claim arising under or related to this Guaranty is reduced to judgment denominated in a currency (the “Judgment Currency”) other than the currency or currencies in which the applicable Guaranteed Obligations are is denominated (collectively the individually, an “Obligations Obligation Currency”), the judgment shall be for the equivalent in the Judgment Currency of the amount of the claim denominated in the Obligations each Obligation Currency included in the judgment, determined as of the date of judgment. The equivalent of any Obligations Obligation Currency amount in any Judgment Currency shall be calculated at the Exchange Rate spot rate for the purchase of the Obligations Obligation Currency with the Judgment CurrencyCurrency quoted by Agent in the place of Agent’s choice at or about 8:00 a.m. on the date for determination specified above. Each Guarantor shall indemnify the Holders of Obligations Agent and hold the Holders of Obligations Agent harmless from and against all loss or damage resulting from any change in exchange rates between the date any claim is reduced to judgment and the date of payment thereof by Guarantor. (b) The obligations hereunder shall not be affected by any Guarantoracts of any governmental authority affecting Borrower including, without limitation, any restrictions on the conversion of currency or repatriation or control of funds or any total or partial expropriation of Borrower’s property, or by economic, political, regulatory, or other events in the countries where Borrower is located. If the Administrative Agent so notifies the Guarantors Guarantor in writing, at the Administrative Agent’s sole and absolute discretion, payments under this Guaranty shall be made in the U.S. Dollar Amount equivalent of the any Guaranteed Obligations or any portion thereofthat is denominated in an Obligation Currency, determined as of the date payment is made.