Common use of Judgement Currency Clause in Contracts

Judgement Currency. Any payment on account of an amount that is payable in euros which is made to or for the account of any Holder of Notes or the Trustee or the Notes Collateral Agent or Paying Agent in lawful currency of any other jurisdiction (the “Judgment Currency”), whether as a result of any judgment or order or the enforcement thereof or the liquidation of the Company or a Guarantor, shall constitute a discharge of the Company’s or the Guarantor’s obligation under this Indenture and the notes or the Guarantee of the Notes, as the case may be, only to the extent of the amount of euros which such Holder or the Trustee, as the case may be, could purchase in the London foreign exchange markets with the amount of the Judgment Currency in accordance with normal banking procedures at the rate of exchange prevailing on the first business day following receipt of the payment in the Judgment Currency. If the amount of euros that could be so purchased is less than the amount of euros originally due to such Holder or the Trustee, as the case may be, the Company and any Guarantors shall indemnify and hold harmless the Holder or the Trustee, as the case may be, from and against all loss or damage arising out of, or as a result of, such deficiency. This indemnity shall constitute an obligation separate and independent from the other obligations contained in this Indenture or the Notes, shall give rise to a separate and independent cause of action, shall apply irrespective of any indulgence granted by any Holder or the Trustee from time to time and shall continue in full force and effect notwithstanding any judgment or order for a liquidated sum in respect of an amount due hereunder or under any judgment or order. Notwithstanding the foregoing, under no circumstances shall the Trustee be obligated to engage in any foreign exchange transaction.

Judgement Currency. Any payment on account of an amount that is payable in euros which is made to or for the account of any Holder of Notes or the Trustee or the Notes Collateral Agent or Paying Agent in lawful currency of any other jurisdiction (the “Judgment Currency”), whether as a result of any judgment or order or the enforcement thereof or the liquidation of the Company Issuer or a any Guarantor, shall constitute a discharge of the Company’s Issuer or the Guarantor’s obligation under this Indenture and the notes Securities or the Guarantee of the Notesassociated Guarantee, as the case may be, only to the extent of the amount of euros which such Holder or the Trustee, as the case may be, could purchase in the London foreign exchange markets with the amount of the Judgment Currency in accordance with normal banking procedures at the rate of exchange prevailing on the first business day following receipt of the payment in the Judgment Currency. If the amount of euros that could be so purchased is less than the amount of euros originally due to such Holder or the Trustee, as the case may be, the Company Issuer and any the Guarantors shall indemnify and hold harmless the Holder or the Trustee, as the case may be, from and against all loss or damage arising out of, or as a result of, such deficiency. This indemnity shall constitute an obligation separate and independent from the other obligations contained in this Indenture or the NotesSecurities, shall give rise to a separate and independent cause of action, shall apply irrespective of any indulgence granted by any Holder or the Trustee from time to time and shall continue in full force and effect notwithstanding any judgment or order for a liquidated sum in respect of an amount due hereunder or under any judgment or order. Notwithstanding the foregoing, under no circumstances shall the Trustee be obligated to engage in any foreign exchange transaction.

Judgement Currency. Any payment on account (a) The obligations of the Company or any Additional Borrower under the Loan Documents to make payments in Dollars or an Alternative Currency, as the case may be (the “Obligation Currency”), shall not be discharged or satisfied by any tender or recovery pursuant to any judgment expressed in or converted into any currency other than the Obligation Currency, except to the extent that such tender or recovery results in the effective receipt by the Administrative Agent or a Lender of the full amount that is of the Obligation Currency expressed to be payable in euros which is made to the Administrative Agent or Lender under the Loan Documents. If, for the account purpose of obtaining or enforcing judgment against any Holder of Notes Loan Party in any court or in any jurisdiction, it becomes necessary to convert into or from any currency other than the Trustee or the Notes Collateral Agent or Paying Agent in lawful Obligation Currency (such other currency of any other jurisdiction (being hereinafter referred to as the “Judgment Currency”)) an amount due in the Obligation Currency, whether the conversion shall be made, at the Dollar Equivalent of such amount, in each case, as a result of any judgment or order or the enforcement thereof or the liquidation of the Company or date immediately preceding the day on which the judgment is given (such Business Day being hereinafter referred to as the “Judgment Currency Conversion Date”). (b) If there is a Guarantor, shall constitute a discharge change in the rate of exchange prevailing between the Company’s or the Guarantor’s obligation under this Indenture Judgment Currency Conversion Date and the notes or the Guarantee date of the Notes, as the case may be, only to the extent actual payment of the amount of euros which due, the Borrowers covenant and agree to pay, or cause to be paid, such Holder or the Trusteeadditional amounts, if any (but in any event not a lesser amount), as may be necessary to ensure that the case may be, could purchase amount paid in the London foreign exchange markets with the amount of the Judgment Currency in accordance with normal banking procedures Currency, when converted at the rate of exchange prevailing on the first business day following receipt date of the payment in the Judgment Currency. If payment, will produce the amount of euros that the Obligation Currency which could be so have been purchased is less than with the amount of euros originally due to such Holder Judgment Currency stipulated in the judgment or judicial award at the Trustee, as rate of exchange prevailing on the case may be, the Judgment Currency Conversion Date. The Company and any Guarantors shall indemnify and hold save the Administrative Agent and the Lenders harmless the Holder or the Trustee, as the case may be, from and against all loss or damage arising out of, or as a result of, of such deficiency. This indemnity shall constitute an obligation separate and independent from the other obligations contained in this Indenture or Agreement and the Notesother Loan Documents, shall give rise to a separate and independent cause of action, shall apply irrespective of any indulgence granted by any Holder or the Trustee from time to time and shall continue in full force and effect notwithstanding any judgment or order for a liquidated sum in respect of an amount due hereunder or under any judgment or order. Notwithstanding the foregoing, under no circumstances shall the Trustee be obligated to engage in any foreign exchange transaction.shall

Judgement Currency. Any This is an international loan transaction in which the specification of U.S. Dollars and payment on account in New York City is of an amount that is payable in euros which is made the essence, and the obligations of the Borrower under this Agreement to make payment to (or for the account of of) a Lender in U.S. Dollars shall not be discharged or satisfied by any Holder of Notes tender or the Trustee recovery pursuant to any judgment expressed in or the Notes Collateral Agent or Paying Agent in lawful currency of converted into any other jurisdiction (the “Judgment Currency”), whether as a result of any judgment currency or order or the enforcement thereof or the liquidation of the Company or a Guarantor, shall constitute a discharge of the Company’s or the Guarantor’s obligation under this Indenture and the notes or the Guarantee of the Notes, as the case may be, only in another place except to the extent that such tender or recovery results in the effective receipt by such Lender in New York City of the full amount of euros U.S. Dollars payable to such Lender under this Agreement. If for the purpose of obtaining judgment in any court it is necessary to convert a sum due hereunder in U.S. Dollars into another currency (in this Section called the "judgment currency"), the rate of exchange that shall be applied shall be that at which such Holder or the Trustee, as the case may be, could purchase in the London foreign exchange markets with the amount of the Judgment Currency in accordance with normal banking procedures the Administrative Agent could purchase such U.S. Dollars at the principal office of the Administrative Agent in New York City with the judgment currency on the Business Day Credit Agreement 110 - 105 - next preceding the day on which such judgment is rendered. The obligation of the Borrower in respect of any such sum due from it to the Administrative Agent or any Lender hereunder or under any other Loan Document (in this Section called an "Entitled Person") shall, notwithstanding the rate of exchange prevailing actually applied in rendering such judgment, be discharged only to the extent that on the first business day Business Day following receipt by such Entitled Person of the payment any sum adjudged to be due hereunder in the Judgment Currency. If judgment currency such Entitled Person may in accordance with normal banking procedures purchase and transfer U.S. Dollars to New York City with the amount of euros that could the judgment currency so adjudged to be so purchased is less than due; and the Borrower hereby, as a separate obligation and notwithstanding any such judgment, agrees to indemnify such Entitled Person against, and to pay such Entitled Person on demand, in U.S. Dollars, the amount of euros (if any) by which the sum originally due to such Holder or Entitled Person in U.S. Dollars hereunder exceeds the Trustee, as amount of the case may be, the Company U.S. Dollars so purchased and any Guarantors shall indemnify and hold harmless the Holder or the Trustee, as the case may be, from and against all loss or damage arising out of, or as a result of, such deficiency. This indemnity shall constitute an obligation separate and independent from the other obligations contained in this Indenture or the Notes, shall give rise to a separate and independent cause of action, shall apply irrespective of any indulgence granted by any Holder or the Trustee from time to time and shall continue in full force and effect notwithstanding any judgment or order for a liquidated sum in respect of an amount due hereunder or under any judgment or order. Notwithstanding the foregoing, under no circumstances shall the Trustee be obligated to engage in any foreign exchange transactiontransferred.