Common use of Indemnification of Judgment Currency Clause in Contracts

Indemnification of Judgment Currency. Each Foreign Guarantor shall indemnify the Trustee and any Holder of a Note against any loss incurred by the Trustee or such Holder, as the case may be, as a result of any judgment or order being given or made for any amount due under this Indenture or such Note and being expressed and paid in a currency (the “Judgment Currency”) other than U.S. dollars, and as a result of any variation between (i) the rate of exchange at which the U.S. dollar amount is converted into the Judgment Currency for the purpose of such judgment or order and (ii) the spot rate of exchange in New York City at which the Trustee or such Holder, as the case may be, on the date of payment of such judgment or order and is able to purchase U.S. dollars with the amount of the Judgment Currency actually received by the Trustee or such Holder. Notwithstanding the preceding sentence of this Section 10.09, in the event that the amount of U.S. dollars purchased by any Holder as a result of such indemnification exceeds the amount originally to be paid to such Holder, such Holder shall reimburse such excess to such Foreign Guarantor. The foregoing indemnity shall constitute a separate and independent obligation of the Foreign Guarantor and shall continue in full force and effect notwithstanding any such judgment or order as aforesaid. The term “spot rate of exchange” shall include any premiums and costs of exchange payable in connection with the purchase of, or conversion into, U.S. dollars.

Indemnification of Judgment Currency. Each Foreign The Company and each Guarantor shall shall, to the fullest extent permitted by law, indemnify the Trustee and any Holder of a Note Security against any loss incurred by the Trustee or such Holder, as the case may be, as a result of any judgment or order being given or made for any amount due under this Note Indenture or such Note Security and being expressed and paid in a currency (the “Judgment Currency”) other than U.S. dollarsDollars, and as a result of any variation between (i) the rate of exchange at which the U.S. dollar Dollar amount is converted into the Judgment Currency for the purpose of such judgment or order and (ii) the spot rate of exchange in The City of New York City at which the Trustee or such Holder, as the case may be, on the date of payment of such judgment or order and is able to purchase U.S. dollars Dollars with the amount of the Judgment Currency actually received by the Trustee or such Holder. Notwithstanding the preceding sentence of this Section 10.09, in the event that If the amount of U.S. dollars Dollars so purchased by any Holder as a result of such indemnification exceeds the amount originally to be paid to such Holder, such Holder agrees to pay to or for the account of the Company (with respect to payments made by the Company) and the Guarantors (with respect to payments made by the Guarantors) such excess; provided, that such Holder shall reimburse not have any obligation to pay any such excess as long as a default by the Company or the Guarantors, as applicable in its obligations hereunder has occurred and is continuing, in which case such excess may be applied by such Holder to such Foreign Guarantorobligations. The foregoing indemnity shall constitute a separate and independent obligation of the Foreign Guarantor Company and shall continue in full force and effect notwithstanding any such judgment or order as aforesaid. The term “spot rate of exchange” shall include any premiums and costs of exchange payable in connection with the purchase of, or conversion into, U.S. United States dollars.

Indemnification of Judgment Currency. Each Foreign Guarantor The Company shall indemnify the Trustee and any Holder of a Note Security against any loss incurred by the Trustee or such Holder, as the case may be, as a result of any judgment or order being given or made for any amount due under this Indenture or such Note Security and being expressed and paid in a currency (the “Judgment Currency”) other than U.S. dollarsthe Securities Currency , and as a result of any variation between (i) the rate of exchange at which the U.S. dollar Securities Currency amount is converted into the Judgment Currency for the purpose of such judgment or order and (ii) the spot rate of exchange in The City of New York, New York City at which the Trustee or such Holder, as the case may be, on the date of payment of such judgment or order and is able to purchase U.S. dollars the Securities Currency with the amount of the Judgment Currency actually received by the Trustee or such Holder. Notwithstanding the preceding sentence of this Section 10.09sentence, in the event that the amount of U.S. dollars the Securities Currency purchased by any Holder as a result of such indemnification exceeds the amount originally to be paid to such Holder, such Holder shall reimburse such excess to such Foreign Guarantorthe Company. The foregoing indemnity shall constitute a separate and independent obligation of the Foreign Guarantor Company and shall continue in full force and effect notwithstanding any such judgment or order as aforesaid. The term “spot rate of exchange” shall include any premiums and costs of exchange payable in connection with the purchase of, or conversion into, U.S. dollarsthe Securities Currency.

Indemnification of Judgment Currency. Each Foreign Guarantor shall reference in this Indenture to U.S. dollars, including by use of the symbol “U.S.$”, is of the essence. The Issuer and the Guarantors shall, jointly and severally, so long as they are not prohibited to do so pursuant to any applicable law or regulation, indemnify the Trustee and any Holder of a Note against any loss incurred by the Trustee or such Holder, as the case may beit, as a result of any judgment or order being given or made for any amount expressed to be due to such person under this Indenture or Indenture, such Note or the Guarantees in U.S. dollars and being expressed and paid in a currency (the “Judgment Currency”) other than U.S. dollars, and as a result of any variation between (i) the rate of exchange at which the U.S. dollar amount is converted into the Judgment Currency for the purpose of such judgment or order and (ii) the spot rate of exchange in New York City at which the Trustee or such Holder, as the case may be, on the date of payment of such judgment or order and is able to purchase U.S. dollars with the amount of the Judgment Currency actually received by the Trustee or such Holder. Notwithstanding the preceding sentence of this Section 10.09, in the event that If the amount of U.S. dollars so purchased by any Holder as a result of such indemnification exceeds are greater than the amount originally due to be paid to such Holder, the Trustee or such Holder shall reimburse hereunder, the Trustee or such Xxxxxx agrees to pay to the Issuer or the Guarantors, as the case may be, an amount equal to the excess of the U.S. dollars so purchased over the amount originally due to the Trustee or such Foreign GuarantorHolder hereunder. The foregoing indemnity shall constitute a separate and independent obligation from the other obligations of the Foreign Guarantor Issuer and the Guarantors; shall give rise to a separate and independent cause of action; shall continue in full force and effect notwithstanding despite any such judgment other judgment, order, claim or order as aforesaidproof for a liquidated amount in respect of any sum due under any Note or the Guarantees or any other judgment; and shall apply irrespective of any waiver or indulgence granted by the Trustee or any Holder. The term “spot rate of exchange” shall include any premiums and costs of exchange payable in connection with the purchase of, or conversion into, U.S. dollars. The provisions of this Section 12.14 shall survive the satisfaction and discharge of this Indenture.

Indemnification of Judgment Currency. Each Foreign Guarantor shall The Company and the Subsidiary Guarantors shall, to the fullest extent permitted by law, jointly and severally, indemnify the Trustee and any Holder of a Note against any loss incurred by the Trustee or such Holder, as the case may be, as a result of any judgment or order being given or made for any amount due under this Indenture Indenture, the Registration Rights Agreement or such Note and being expressed and paid in a currency (the “Judgment Currency”) other than U.S. dollarsDollars, and as a result of any variation between (ia) the rate of exchange at which the U.S. dollar Dollar amount is converted into the Judgment Currency for the purpose of such judgment or order and (iib) the spot rate of exchange in The City of New York City at which the Trustee or such Holder, as the case may be, on the date of payment of such judgment or order and is able to purchase U.S. dollars Dollars with the amount of the Judgment Currency actually received by the Trustee or such Holder. Notwithstanding the preceding sentence of this Section 10.09, in the event that If the amount of U.S. dollars Dollars so purchased by any Holder as a result of such indemnification exceeds the amount originally to be paid to such Holder, such Holder agrees to pay to or for the account of the Company (with respect to payments made by the Company) and the Subsidiary Guarantors (with respect to payments made by the Subsidiary Guarantors) such excess; provided, that such Holder shall reimburse not have any obligation to pay any such excess as long as a default by the Company or the Subsidiary Guarantors, as applicable in its obligations hereunder has occurred and is continuing, in which case such excess may be applied by such Holder to such Foreign Guarantorobligations. The foregoing indemnity shall constitute a separate and independent obligation of the Foreign Guarantor and shall continue in full force and effect notwithstanding any such judgment or order as aforesaid. The term “spot rate of exchange” shall include any premiums and costs of exchange payable in connection with the purchase of, of or conversion into, U.S. United States of America dollars.

Indemnification of Judgment Currency. Each Foreign Guarantor shall The Company agrees to indemnify each Holder to the Trustee and any Holder of a Note full extent permitted by applicable law against any loss incurred by the Trustee or such Holder, as the case may be, Holder as a result of any judgment or order being given or made for any amount due under this Indenture or such Note and such judgment or order being expressed and paid in a currency (the “Judgment Currency”) other than U.S. dollars, Euros (the “Required Currency”) and as a result of any variation as between (ia) the rate of exchange at which the U.S. dollar amount Required Currency is converted into the Judgment Currency for the purpose of such judgment or order and (iib) the spot rate of exchange in New York City London at which the Trustee or such Holder, as the case may be, Holder on the date of that payment of is made pursuant to such judgment or order and is able to purchase U.S. dollars the Required Currency with the amount of the Judgment Currency actually received by the Trustee or such Holder. Notwithstanding The Company’s obligations under this Agreement to make payments in the preceding sentence of this Section 10.09Required Currency (i) shall not be discharged or satisfied by any tender, or any recovery pursuant to any judgment, in any currency other than the event Required Currency, except to the extent that such tender or recovery shall result in the actual receipt, by the payee, of the full amount of U.S. dollars purchased by any Holder as a result the Required Currency expressed to be payable in respect of such indemnification exceeds 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 originally of the Required Currency so expressed to be paid to such Holder, such Holder payable and (iii) shall reimburse such excess to such Foreign Guarantor. The foregoing indemnity shall constitute a separate and independent obligation of the Foreign Guarantor and shall continue in full force and effect notwithstanding not be affected by judgment being obtained for any such judgment or order as aforesaid. The term “spot rate of exchange” shall include any premiums and costs of exchange payable in connection with the purchase of, or conversion into, U.S. dollarsother sum due under this Agreement.

Indemnification of Judgment Currency. Each Foreign reference in this Indenture to U.S. dollars, including by use of the symbol “U.S.$”, is of the essence. The Issuer and the Guarantor shall shall, jointly and severally, so long as they are not prohibited to do so pursuant to any applicable law or regulation, indemnify the Trustee and any Holder of a Note against any loss incurred by the Trustee or such Holder, as the case may beit, as a result of any judgment or order being given or made for any amount expressed to be due to such person under this Indenture or Indenture, such Note or the Guarantee in U.S. dollars and being expressed and paid in a currency (the “Judgment Currency”) other than U.S. dollars, and as a result of any variation between (i) the rate of exchange at which the U.S. dollar amount is converted into the Judgment Currency for the purpose of such judgment or order and (ii) the spot rate of exchange in New York City at which the Trustee or such Holder, as the case may be, on the date of payment of such judgment or order and is able to purchase U.S. dollars with the amount of the Judgment Currency actually received by the Trustee or such Holder. Notwithstanding the preceding sentence of this Section 10.09, in the event that If the amount of U.S. dollars so purchased by any Holder as a result of such indemnification exceeds are greater than the amount originally due to be paid to such Holder, the Trustee or such Holder shall reimburse hereunder, the Trustee or such Holder agrees to pay to the Issuer or the Guarantor, as the case may be, an amount equal to the excess of the U.S. dollars so purchased over the amount originally due to the Trustee or such Foreign GuarantorHolder hereunder. The foregoing indemnity shall constitute a separate and independent obligation from the other obligations of the Foreign Guarantor Issuer and the Guarantor; shall give rise to a separate and independent cause of action; shall continue in full force and effect notwithstanding despite any such judgment other judgment, order, claim or order as aforesaidproof for a liquidated amount in respect of any sum due under any Note or the Guarantee or any other judgment; and shall apply irrespective of any waiver or indulgence granted by the Trustee or any Holder. The term “spot rate of exchange” shall include any premiums and costs of exchange payable in connection with the purchase of, or conversion into, U.S. dollars. The provisions of this Section 12.14 shall survive the satisfaction and discharge of this Indenture.

Indemnification of Judgment Currency. Each Foreign Guarantor The Company shall indemnify the Trustee and any Holder of a Note Security against any loss incurred by the Trustee or such Holder, as the case may be, as a result of any judgment or order being given or made for any amount due under this Indenture or such Note Security and being expressed and paid in a currency (the “Judgment Currency”) other than U.S. dollarsDollars or such other currency in which such Security is denominated (the “Security Currency”), and as a result of any variation between (i) the rate of exchange at which the U.S. dollar Security Currency amount is converted into the Judgment Currency for the purpose of such judgment or order and (ii) the spot rate of exchange in New York City at which the Trustee or such Holder, as the case may be, on the date of payment of such judgment or order and is able to purchase U.S. dollars the Security Currency with the amount of the Judgment Currency actually received by the Trustee or such Holder. Notwithstanding the preceding sentence of this Section 10.091010, in the event that the amount of U.S. dollars the Security Currency purchased by any Holder as a result of such indemnification exceeds the amount originally to be paid to such Holder, such Holder shall reimburse such excess to such Foreign Guarantorthe Company. The foregoing indemnity shall constitute a separate and independent obligation of the Foreign Guarantor Company and shall continue in full force and effect notwithstanding any such judgment or order as aforesaid. The term “spot rate of exchange” shall include any premiums and costs of exchange payable in connection with the purchase of, or conversion into, U.S. dollarsthe Security Currency.

Indemnification of Judgment Currency. Each Foreign The Company and each Guarantor shall shall, to the fullest extent permitted by law, indemnify the Trustee and any Holder of a Note Security against any loss incurred by the Trustee or such Holder, as the case may be, as a result of any judgment or order being given or made for any amount due under this Note Indenture or such Note Security and being expressed and paid in a currency (the “Judgment Currency”) other than U.S. dollarsEuros, and as a result of any variation between (i) the rate of exchange at which the U.S. dollar Euro amount is converted into the Judgment Currency for the purpose of such judgment or order and (ii) the spot rate of exchange in The City of New York City at which the Trustee or such Holder, as the case may be, on the date of payment of such judgment or order and is able to purchase U.S. dollars Euros with the amount of the Judgment Currency actually received by the Trustee or such Holder. Notwithstanding the preceding sentence of this Section 10.09, in the event that If the amount of U.S. dollars Euros so purchased by any Holder as a result of such indemnification exceeds the amount originally to be paid to such Holder, such Holder agrees to pay to or for the account of the Company (with respect to payments made by the Company) and the Guarantors (with respect to payments made by the Guarantors) such excess; provided, that such Holder shall reimburse not have any obligation to pay any such excess as long as a default by the Company or the Guarantors, as applicable in its obligations hereunder has occurred and is continuing, in which case such excess may be applied by such Holder to such Foreign Guarantorobligations. The foregoing indemnity shall constitute a separate and independent obligation of the Foreign Guarantor Company and shall continue in full force and effect notwithstanding any such judgment or order as aforesaid. The term “spot rate of exchange” shall include any premiums and costs of exchange payable in connection with the purchase of, or conversion into, U.S. dollarsEuros.