Common use of Judgment Clause in Contracts

Judgment. (a) If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder in Dollars into Euro, or to convert a sum due hereunder in Euro into Dollars, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be the Equivalent thereof on the Business Day preceding that on which final judgment is given. (b) The obligation of any Borrower in respect of any sum due from it in Euro or Dollars (the “Primary Currency”) to any Lender or any Agent hereunder shall, notwithstanding any judgment in any other currency, be discharged only to the extent that on the Business Day following receipt by such Lender or such Agent (as the case may be), of any sum adjudged to be so due in such other currency, such Lender or such Agent (as the case may be) may in accordance with normal banking procedures purchase the applicable Primary Currency with such other currency; if the amount of the applicable Primary Currency so purchased is less than such sum due to such Lender or such Agent (as the case may be) in the applicable Primary Currency, the Borrowers agree, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or such Agent (as the case may be) against such loss, and if the amount of the applicable Primary Currency so purchased exceeds such sum due to any Lender or such Agent (as the case may be) in the applicable Primary Currency, such Lender or such Agent (as the case may be) agrees to remit to the applicable Borrower such excess.

Judgment. (a) If If, for the purposes of obtaining judgment in any court court, it is necessary to convert a sum due hereunder or any other Loan Document in Dollars one currency into Euroanother currency, or to convert a sum due hereunder in Euro into Dollars, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Equivalent thereof Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. (b) . The obligation of any a Borrower in respect of any such sum due from it in Euro or Dollars (to the “Primary Currency”) to any Lender or any Administrative Agent hereunder or under the other Loan Documents shall, notwithstanding any judgment in any a currency (the “Judgment Currency”) other currencythan that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by such Lender or such the Administrative Agent (as the case may be), of any sum adjudged to be so due in such other currencythe Judgment Currency, such Lender or such the Administrative Agent (as the case may be) may in accordance with normal banking procedures purchase the applicable Primary Agreement Currency with such other currency; if the Judgment Currency. If the amount of the applicable Primary Agreement Currency so purchased is less than such the sum originally due to such Lender or such the Administrative Agent (as the case may be) in the applicable Primary Agreement Currency, the Borrowers agreeapplicable Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent or the Person to whom such Lender or such Agent (as the case may be) obligation was owing against such loss, and if . If the amount of the applicable Primary Currency Agreement currency so purchased exceeds such is greater than the sum originally due to any Lender or the Administrative Agent in such currency, the Administrative Agent (as the case may be) in the applicable Primary Currency, such Lender or such Agent (as the case may be) agrees to remit return the amount of any excess to the such Borrower (or to any other Person who may be entitled thereto under applicable Borrower such excesslaw).

Judgment. (a) If If, for the purposes of obtaining judgment in any court court, it is necessary to convert a sum due hereunder or any other Loan Document in Dollars one currency into Euroanother currency, or to convert a sum due hereunder in Euro into Dollars, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Equivalent thereof Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. (b) . The obligation of any a Borrower in respect of any such sum due from it in Euro or Dollars (to the “Primary Currency”) to any Lender or any Administrative Agent hereunder or under the other Loan Documents shall, notwithstanding any judgment in any a currency (the “Judgment Currency”) other currencythan that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by such Lender or such the Administrative Agent (as the case may be), of any sum adjudged to be so due in such other currencythe Judgment Currency, such Lender or such the Administrative Agent (as the case may be) may in accordance with normal banking procedures purchase the applicable Primary Agreement Currency with such other currency; if the Judgment Currency. If the amount of the applicable Primary Agreement Currency so purchased is less than such the sum originally due to such Lender or such the Administrative Agent (as the case may be) in the applicable Primary Agreement Currency, the Borrowers agree, as a separate obligation and notwithstanding any such judgment, jointly and severally, to indemnify the Administrative Agent or the Person to whom such Lender or such Agent (as the case may be) obligation was owing against such loss, and if . If the amount of the applicable Primary Currency Agreement currency so purchased exceeds such is greater than the sum originally due to any Lender or the Administrative Agent in such currency, the Administrative Agent (as the case may be) in the applicable Primary Currency, such Lender or such Agent (as the case may be) agrees to remit return the amount of any excess to the Applicable Borrower (or to any other Person who may be entitled thereto under applicable Borrower such excesslaw).

Judgment. (a) If for the purposes of obtaining judgment in any court it is necessary to convert a sum due from any Borrower hereunder in Dollars the currency expressed to be payable herein (the “specified currency”) into Euro, or to convert a sum due hereunder in Euro into Dollarsanother currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Equivalent thereof Administrative Agent could purchase the specified currency with such other currency at the Administrative Agent’s principal office in London at 11:00 a.m. (London time) on the Business Day preceding that on which final final, non-appealable judgment is given. (b) . The obligation obligations of any each Borrower in respect of any sum due from it in Euro or Dollars (the “Primary Currency”) to any Lender or any the Administrative Agent hereunder shall, notwithstanding any judgment in any a currency other than the specified currency, be discharged only to the extent that on the Business Day following receipt by such Lender or such the Administrative Agent (as the case may be), ) of any sum adjudged to be so due in such other currency, currency such Lender or such the Administrative Agent (as the case may be) may in accordance with normal normal, reasonable banking procedures purchase the applicable Primary Currency specified currency with such other currency; if . If the amount of the applicable Primary Currency specified currency so purchased is less than such the sum originally due to such Lender or such Agent (the Administrative Agent, as the case may be) , in the applicable Primary Currencyspecified currency, each Borrower agrees, to the Borrowers agreefullest extent that it may effectively do so, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or such Agent (the Administrative Agent, as the case may be) , against such loss, and if the amount of the applicable Primary Currency specified currency so purchased exceeds such (a) the sum originally due to any Lender or such Agent (the Administrative Agent, as the case may be) , in the applicable Primary Currencyspecified currency and (b) any amounts shared with other Lenders as a result of allocations of such excess as a disproportionate payment to such Lender under Section 2.18, such Lender or such Agent (the Administrative Agent, as the case may be) , agrees to remit such excess to the applicable Borrower such excessBorrower.

Judgment. (a) If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder in Dollars into Euro, or to convert a sum due hereunder in Euro into Dollarsanother currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Equivalent thereof Administrative Agent could purchase Dollars with such other currency at Citibank’s principal office in London at 11:00 A.M. (London time) on the second Business Day preceding that on which final judgment is given. (b) The obligation of any the Borrower in respect of any sum due from it in Euro or Dollars any currency (the “Primary Currency”) to any Lender or any the Administrative Agent hereunder shall, notwithstanding any judgment in any other currency, be discharged only to the extent that on the Business Day following receipt by such Lender or such the Administrative Agent (as the case may be), of any sum adjudged to be so due in such other currency, such Lender or such the Administrative Agent (as the case may be) may in accordance with normal banking procedures purchase the applicable Primary Currency with such other currency; if the amount of the applicable Primary Currency so purchased is less than such sum due to such Lender or such the Administrative Agent (as the case may be) in the applicable Primary Currency, the Borrowers agreeBorrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or such the Administrative Agent (as the case may be) against such loss, and if the amount of the applicable Primary Currency so purchased exceeds such sum due to any Lender or such the Administrative Agent (as the case may be) in the applicable Primary Currency, such Lender or such the Administrative Agent (as the case may be) agrees to remit to the applicable Borrower such excess.

Judgment. (a) If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder or under any of the other Loan Documents in Dollars U.S. dollars into Euro, or to convert a sum due hereunder in Euro into Dollarsanother currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Equivalent thereof Administrative Agent could purchase U.S. dollars with such other currency at Citibank on the Business Day preceding that on which final judgment is given. (b) The obligation of any each Borrower in respect of any sum due from it in Euro or Dollars (the “Primary Currency”) to any Lender Party or any the Administrative Agent hereunder or under any of the other Loan Documents held by such Lender Party shall, notwithstanding any judgment in any a currency other currencythan U.S. dollars, be discharged only to the extent that on the Business Day following of receipt by such Lender Party or such the Administrative Agent (as the case may be), ) of any sum adjudged to be so due in such other currency, currency such Lender Party or such the Administrative Agent (as the case may be) may in accordance with normal banking procedures purchase the applicable Primary Currency U.S. dollars with such other currency; if the amount of the applicable Primary Currency U.S. dollars so purchased is are less than the sum originally due by such sum due Borrower to such Lender Party or such the Administrative Agent (as the case may be) in the applicable Primary CurrencyU.S. dollars, the Borrowers agreesuch Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender Party or such the Administrative Agent (as the case may be) against such loss, and if the amount of the applicable Primary Currency U.S. dollars so purchased exceeds exceed the sum originally due by such sum due Borrower to any Lender Party or such the Administrative Agent (as the case may be) in the applicable Primary CurrencyU.S. dollars, such Lender Party or such the Administrative Agent (as the case may be) agrees to remit to the applicable such Borrower such excess.

Judgment. (a) If If, for the purposes of obtaining judgment in any court court, it is necessary to convert a sum due hereunder in Dollars into Euro, or to convert a sum due hereunder in Euro into Dollarsanother currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Equivalent thereof Designated Agent could purchase Dollars with such other currency at the Designated Agent’s principal office in London at 11:00 A.M. (London time) on the Business Day preceding that on which a final judgment is given. (ba) The obligation of any the Borrower in respect of any sum due from it in Euro or Dollars any currency (the “Primary Currency”) to any Lender or any the Designated Agent hereunder shall, notwithstanding any judgment in any other currency, be discharged only to the extent that on the Business Day following receipt by such Lender or such the Designated Agent (as the case may be), ) of any sum adjudged to be so due in such other currency, such Lender or such the Designated Agent (as the case may be) may may, in accordance with normal banking procedures procedures, purchase the applicable Primary Currency with such other currency; if the amount of the applicable Primary Currency so purchased is less than such sum due to such Lender or such the Designated Agent (as the case may be) in the applicable Primary Currency, the Borrowers agreeBorrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or such the Designated Agent (as the case may be) against such loss, and if the amount of the applicable Primary Currency so purchased exceeds such sum due to any such Lender or such the Designated Agent (as the case may be) in the applicable Primary Currency, such Lender or such the Designated Agent (as the case may be) agrees to remit to the applicable Borrower such excess.

Judgment. (a) If If, for the purposes of filing a claim or obtaining judgment in any court court, it is necessary to convert a sum due hereunder or under any other Loan Document in Dollars one currency into Euroanother currency, or to convert a sum due hereunder in Euro into Dollars, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Equivalent thereof Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. (b) . The obligation of any each Borrower in respect of any such sum due from it in Euro to the Administrative Agent or Dollars (the “Primary Currency”) to any Lender hereunder or any Agent hereunder under the other Loan Documents shall, notwithstanding any judgment in any a currency (the “Judgment Currency”) other currencythan that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent or such Lender or such Agent (as the case may be), of any sum adjudged to be so due in such other currencythe Judgment Currency, the Administrative Agent or such Lender or such Agent (as the case may be) may in accordance with normal banking procedures purchase the applicable Primary Agreement Currency with such other currency; if the Judgment Currency. If the amount of the applicable Primary Agreement Currency so purchased is less than such the sum originally due to the Administrative Agent or such Lender or such Agent (as the case may be) in the applicable Primary Agreement Currency, the Borrowers agreeeach Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent or such Lender or the Person to whom such Agent (as the case may be) obligation was owing against such loss, and if . If the amount of the applicable Primary Agreement Currency so purchased exceeds such is greater than the sum originally due to any Lender the Administrative Agent or such Lender in such currency, the Administrative Agent (as the case may be) in the applicable Primary Currency, or such Lender or such Agent (as the case may be) agrees to remit return the amount of any excess to the such Borrower (or to any other Person who may be entitled thereto under applicable Borrower such excesslaw).

Judgment. (a) If If, for the purposes purpose of obtaining judgment in any court court, it is necessary to convert a sum due owing hereunder in Dollars one currency into Euroanother currency, or to convert a sum due hereunder in Euro into Dollars, the parties each party hereto agreeagrees, to the fullest extent that they it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the Equivalent thereof relevant jurisdiction the first currency could be purchased with such other currency on the Business Day immediately preceding that the day on which final judgment is given. (b) The obligation of any the Borrower in respect of any sum due from it in Euro or Dollars any currency (the “Primary Currency”) to any Lender or any the Administrative Agent hereunder shall, notwithstanding any judgment in any other currency, be discharged only to the extent that on the Business Day following receipt by such Lender or such the Administrative Agent (as the case may be), ) of any sum adjudged to be so due in such other currency, such Lender or such the Administrative Agent (as the case may be) may in accordance with normal banking procedures purchase the applicable Primary Currency with such other currency; if the amount of the applicable Primary Currency so purchased is less than such sum due to such Lender or such the Administrative Agent (as the case may be) in the applicable Primary Currency, the Borrowers agreeBorrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or such the Administrative Agent (as the case may be) against such loss, and if the amount of the applicable Primary Currency so purchased exceeds such sum due to any Lender or such the Administrative Agent (as the case may be) in the applicable Primary Currency, such Lender or such the Administrative Agent (as the case may be) agrees to remit to the applicable Borrower such excess.

Judgment. (a) If for the purposes purpose of obtaining judgment in any court it is necessary to convert a sum due hereunder in Dollars one currency into Euro, or to convert a sum due hereunder in Euro into Dollarsanother currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Equivalent thereof Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that the day on which final judgment is given. (b) The obligation obligations of any the Borrower in respect of this Agreement and any sum Note due from it in Euro or Dollars (the “Primary Currency”) to any Lender party hereto or any Agent hereunder holder of any bond shall, notwithstanding any judgment in any a currency (the “judgment currency”) other than the currency in which the sum originally due to such party or such holder is denominated (the “original currency”), be discharged only to the extent that on the Business Day following receipt by such Lender party or such Agent holder (as the case may be), ) of any sum adjudged to be so due in the judgment currency such other currency, such Lender party or such Agent holder (as the case may be) may in accordance with normal banking procedures purchase the applicable Primary Currency original currency with such other the judgment currency; if the amount of the applicable Primary Currency original currency so purchased is less than such the sum originally due to such Lender party or such Agent holder (as the case may be) in the applicable Primary Currencyoriginal currency, the Borrowers agree, Borrower agrees as a separate obligation and notwithstanding any such judgment, to indemnify such Lender party or such Agent holder (as the case may be) against such loss, and if the amount of the applicable Primary Currency original currency so purchased exceeds such the sum originally due to any Lender party to this Agreement or such Agent any holder of Notes (as the case may be) in the applicable Primary Currency), such Lender party or such Agent holder (as the case may be) ), agrees to remit to the applicable Borrower Borrower, such excess. This covenant shall survive the termination of this Agreement and payment of the Loans and all other amounts payable hereunder.

Judgment. (a) If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder in Dollars U.S. dollars into Euro, or to convert a sum due hereunder in Euro into Dollarsanother currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Equivalent thereof Agent could purchase U.S. dollars with such other currency at Citibank's principal office in London at 11:00 A.M. (London time) on the Business Day preceding that on which final judgment is given. (b) The obligation of any the Borrower in respect of any sum due from it in Euro or Dollars any currency (the “"Primary Currency”") to any Lender or any the Agent hereunder shall, notwithstanding any judgment in any other currency, be discharged only to the extent that on the Business Day following receipt by such Lender or such the Agent (as the case may be), of any sum adjudged to be so due in such other currency, such Lender or such the Agent (as the case may be) may in accordance with normal banking procedures purchase the applicable Primary Currency with such other currency; if the amount of the applicable Primary Currency so purchased is less than such sum due to such Lender or such the Agent (as the case may be) in the applicable Primary Currency, the Borrowers agreeBorrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or such the Agent (as the case may be) against such loss, and if the amount of the applicable Primary Currency so purchased exceeds such sum due to any Lender or such the Agent (as the case may be) in the applicable Primary Currency, such Lender or such the Agent (as the case may be) agrees to remit to the applicable Borrower such excess.

Judgment. (a) If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder in Dollars into Euro, or to convert a sum due hereunder in Euro into Dollarsanother currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Equivalent thereof Agent could purchase Dollars with such other currency at Citibank’s principal office in London at 11:00 A.M. (London time) on the Business Day preceding that on which final judgment is given. (b) The obligation of any the Borrower in respect of any sum due from it in Euro or Dollars any currency (the “Primary Currency”) to any Lender or any the Agent hereunder shall, notwithstanding any judgment in any other currency, be discharged only to the extent that on the Business Day following receipt by such Lender or such the Agent (as the case may be), of any sum adjudged to be so due in such other currency, such Lender or such the Agent (as the case may be) may in accordance with normal banking procedures purchase the applicable Primary Currency with such other currency; if the amount of the applicable Primary Currency so purchased is less than such sum due to such Lender or such the Agent (as the case may be) in the applicable Primary Currency, the Borrowers agreeBorrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or such the Agent (as the case may be) against such loss, and if the amount of the applicable Primary Currency so purchased exceeds such sum due to any Lender or such the Agent (as the case may be) in the applicable Primary Currency, such Lender or such the Agent (as the case may be) agrees to remit to the applicable Borrower such excess.

Judgment. (a) If for the purposes purpose of obtaining judgment in any court it is necessary to convert a sum due hereunder in Dollars one currency into Euro, or to convert a sum due hereunder in Euro into Dollarsanother currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Equivalent thereof Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that the day on which final judgment is given. (b) The obligation obligations of any Borrower in respect of this Agreement and any sum Note due from it in Euro or Dollars (the “Primary Currency”) to any Lender party hereto or any Agent hereunder holder of any bond shall, notwithstanding any judgment in any a currency (the “judgment currency”) other than the currency in which the sum originally due to such party or such holder is denominated (the “original currency”), be discharged only to the extent that on the Business Day following receipt by such Lender party or such Agent holder (as the case may be), ) of any sum adjudged to be so due in the judgment currency such other currency, such Lender party or such Agent holder (as the case may be) may in accordance with normal banking procedures purchase the applicable Primary Currency original currency with such other the judgment currency; if the amount of the applicable Primary Currency original currency so purchased is less than such the sum originally due to such Lender party or such Agent holder (as the case may be) in the applicable Primary Currencyoriginal currency, the Borrowers agree, Company agrees as a separate obligation and notwithstanding any such judgment, to indemnify such Lender party or such Agent holder (as the case may be) against such loss, and if the amount of the applicable Primary Currency original currency so purchased exceeds such the sum originally due to any Lender party to this Agreement or such Agent any holder of Notes (as the case may be) in the applicable Primary Currency), such Lender party or such Agent holder (as the case may be) ), agrees to remit to the applicable Borrower Company, such excess. This covenant shall survive the termination of this Agreement and payment of the Loans and all other amounts payable hereunder.

Judgment. (a) If If, for the purposes of obtaining judgment in any court court, it is necessary to convert a sum due hereunder or any other Loan Document in Dollars one currency into Euroanother currency, or to convert a sum due hereunder in Euro into Dollars, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Equivalent thereof Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. (b) . The obligation of any each Borrower in respect of any such sum due from it in Euro to the Agent or Dollars (the “Primary Currency”) to any Lender hereunder or any Agent hereunder under the other Loan Documents shall, notwithstanding any judgment in any a currency (the “Judgment Currency”) other currencythan that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by such Lender the Agent or such Agent (Lender, as the case may be), of any sum adjudged to be so due in such other currencythe Judgment Currency, such Lender the Agent or such Agent (Lender, as the case may be) , may in accordance with normal banking procedures purchase the applicable Primary Agreement Currency with such other currency; if the Judgment Currency. If the amount of the applicable Primary Agreement Currency so purchased is less than such the sum originally due to such the Agent or any Lender or such Agent (as the case may be) from any Borrower in the applicable Primary Agreement Currency, the Borrowers agreesuch Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender the Agent or such Agent (Lender, as the case may be) , against such loss, and if . If the amount of the applicable Primary Agreement Currency so purchased exceeds such is greater than the sum originally due to the Agent or any Lender in such currency, the Agent or such Agent (Lender, as the case may be) in the applicable Primary Currency, such Lender or such Agent (as the case may be) agrees to remit return the amount of any excess to the such Borrower (or to any other Person who may be entitled thereto under applicable Borrower such excesslaw).

Judgment. (a) If for the purposes purpose of obtaining judgment in any court it is necessary to convert a sum due hereunder in Dollars one currency into Euro, or to convert a sum due hereunder in Euro into Dollarsanother currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Equivalent thereof Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that the day on which final judgment is given. (b) The obligation of the Company or any Subsidiary Borrower in respect of any sum due from it in Euro or Dollars (the “Primary Currency”) to any Lender Bank or any the Administrative Agent hereunder shall, notwithstanding any judgment in any a currency (the “Judgment Currency”) other currencythan that in which such sum is denominated in accordance with the applicable provisions of this Agreement or the other Credit Documents (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by such Lender Bank or such the Administrative Agent (as the case may be), ) of any sum adjudged to be so due in the Judgment Currency such other currency, such Lender Bank or such the Administrative Agent (as the case may be) may in accordance with normal banking procedures purchase the applicable Primary Agreement Currency with such other currencythe Judgment Currency; if the amount of the applicable Primary Agreement Currency so purchased is less than such the sum originally due to such Lender Bank or such the Administrative Agent (as the case may be) in the applicable Primary Agreement Currency, the Borrowers agreeCompany or such Subsidiary Borrower (as the case may be) agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender Bank or such the Administrative Agent (as the case may be) against such loss, and if the amount of the applicable Primary Agreement Currency so purchased exceeds such the sum originally due to any Lender Bank or such the Administrative Agent (as the case may be) in the applicable Primary Currency), such Lender Bank or such the Administrative Agent (as the case may be) agrees to remit to the applicable Company or such Subsidiary Borrower (as the case may be) such excess.

Judgment. (a) If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder or under the Notes in Dollars any currency (the “Original Currency”) into Euro, or to convert a sum due hereunder in Euro into Dollars, another currency (the “Other Currency”) the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Equivalent thereof Agent could purchase the Original Currency with the Other Currency at London, England on the third Business Day preceding that on which final judgment is given. (b) The obligation of any the Borrower in respect of any sum due in the Original Currency from it in Euro or Dollars (the “Primary Currency”) to any Lender Bank or any the Agent hereunder under the Notes held by such Bank shall, notwithstanding any judgment in any other currencyOther Currency, be discharged only to the extent that on the Business Day following receipt by such Lender Bank or such the Agent (as the case may be), ) of any sum adjudged to be so due in such other currency, Other Currency such Lender Bank or such the Agent (as the case may be) may in accordance with normal banking procedures purchase the applicable Primary Original Currency with such other currencyOther Currency; if the amount of the applicable Primary Original Currency so purchased is less than such the sum originally due to such Lender Bank or such the Agent (as the case may be) in the applicable Primary Original Currency, the Borrowers agreeBorrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender Bank or such the Agent (as the case may be) against such loss, and if the amount of the applicable Primary Original Currency so purchased exceeds such the sum originally due to any Lender Bank or such the Agent (as the case may be) in the applicable Primary Original Currency, such Lender Bank or such the Agent (as the case may be) agrees to remit to the applicable Borrower such excess.

Judgment. (a) If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder in Dollars any currency (the “Primary Currency”) into Euro, or to convert a sum due hereunder in Euro into Dollarsanother currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Equivalent thereof Administrative Agent could purchase the applicable Primary Currency with such other currency at BNP Paribas’s principal office in London at 11:00 a.m. (London time) on the Business Day preceding that on which final judgment is given. (b) The obligation of any Borrower in respect of any sum due from it in Euro or Dollars (the “applicable Primary Currency”) Currency to any Lender or any the Administrative Agent hereunder shall, notwithstanding any judgment in any other currency, be discharged only to the extent that on the Business Day following receipt by such Lender or such the Administrative Agent (as the case may be), of any sum adjudged to be so due in such other currency, such Lender or such the Administrative Agent (as the case may be) may in accordance with normal banking procedures purchase the applicable Primary Currency with such other currency; if the amount of the applicable Primary Currency so purchased is less than such sum due to such Lender or such the Administrative Agent (as the case may be) in the applicable Primary Currency, the Borrowers agreesuch Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or such the Administrative Agent (as the case may be) against such loss, and if the amount of the applicable Primary Currency so purchased exceeds such sum due to any Lender or such the Administrative Agent (as the case may be) in the applicable Primary Currency, such Lender or such the Administrative Agent (as the case may be) agrees to remit to the applicable such Borrower such excess.

Judgment. (a) If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder in Dollars one currency into Euro, or to convert a sum due hereunder in Euro into Dollarsanother currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Equivalent thereof Administrative Agent could purchase the first currency with such other currency at Citibank’s principal office in London at 11:00 A.M. (London time) on the Business Day preceding that on which final judgment is given. (b) The obligation of any the Borrower in respect of any sum due from it in Euro or Dollars any currency (the “Primary Currency”) to any Lender or any the Administrative Agent hereunder shall, notwithstanding any judgment in any other currency, be discharged only to the extent that on the Business Day following receipt by such Lender or such the Administrative Agent (as the case may be), of any sum adjudged to be so due in such other currency, such Lender or such the Administrative Agent (as the case may be) may in accordance with normal banking procedures purchase the applicable Primary Currency with such other currency; if the amount of the applicable Primary Currency so purchased is less than such sum due to such Lender or such the Administrative Agent (as the case may be) in the applicable Primary Currency, the Borrowers agreeBorrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or such the Administrative Agent (as the case may be) against such loss, and if the amount of the applicable Primary Currency so purchased exceeds such sum due to any Lender or such the Administrative Agent (as the case may be) in the applicable Primary Currency, such Lender or such the Administrative Agent (as the case may be) agrees to remit to the applicable Borrower such excess.

Judgment. (a) If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder in US Dollars or Canadian Dollars into Euro, or to convert a sum due hereunder in Euro into Dollarsanother currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Equivalent thereof Agent could purchase US Dollars or Canadian Dollars with such other currency at Bank of America’s principal office in London at 11:00 A.M. (London time) on the Business Day preceding that on which final judgment is given. (b) The obligation of any Borrower in respect of any sum due from it in Euro or Dollars any currency (the “Primary Currency”) to any Lender or any the Administrative Agent hereunder shall, notwithstanding any judgment in any other currency, be discharged only to the extent that on the Business Day following receipt by such Lender or such the Administrative Agent (as the case may be), of any sum adjudged to be so due in such other currency, such Lender or such the Administrative Agent (as the case may be) may in accordance with normal banking procedures purchase the applicable Primary Currency with such other currency; if the amount of the applicable Primary Currency so purchased is less than such sum due to such Lender or such the Administrative Agent (as the case may be) in the applicable Primary Currency, the Borrowers agreesuch Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or such the Administrative Agent (as the case may be) against such loss, and if the amount of the applicable Primary Currency so purchased exceeds such sum due to any Lender or such the Administrative Agent (as the case may be) in the applicable Primary Currency, such Lender or such the Administrative Agent (as the case may be) agrees to remit to the applicable such Borrower such excess.

Judgment. (a) If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder in Dollars into Euro, or to convert a sum due hereunder in Euro into Dollarsanother currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Equivalent thereof Agent could purchase Dollars with such other currency at Citibank’s principal office in London at 11:00 A.M. (London time) on the Business Day preceding that on which final judgment is given. (b) The obligation of any Borrower in respect of any sum due from it in Euro or Dollars any currency (the “Primary Currency”) to any Lender or any the Agent hereunder shall, notwithstanding any judgment in any other currency, be discharged only to the extent that on the Business Day following receipt by such Lender or such the Agent (as the case may be), of any sum adjudged to be so due in such other currency, such Lender or such the Agent (as the case may be) may in accordance with normal banking procedures purchase the applicable Primary Currency with such other currency; if the amount of the applicable Primary Currency so purchased is less than such sum due to such Lender or such the Agent (as the case may be) in the applicable Primary Currency, the Borrowers agreeeach Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or such the Agent (as the case may be) against such loss, and if the amount of the applicable Primary Currency so purchased exceeds such sum due to any Lender or such the Agent (as the case may be) in the applicable Primary Currency, such Lender or such the Agent (as the case may be) agrees to remit to the applicable such Borrower such excess.

Judgment. (a) If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder in Dollars into Euro, or to convert a sum due hereunder in Euro into Dollarsanother currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall such amount in Dollars be converted into an amount equal to the Equivalent thereof amount in such other currency on the Business Day preceding that on which final judgment is given. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder in a Committed Currency into Dollars, the parties agree to the fullest extent that they may effectively do so, that such amount in a Committed Currency be converted into an amount equal to the Equivalent amount in Dollars on the Business Day preceding that on which final judgment is given. (b) The obligation of any the Borrower in respect of any sum due from it in Euro or Dollars any currency (the “Primary Currency”) to any Lender or any the Administrative Agent hereunder shall, notwithstanding any judgment in any other currency, be discharged only to the extent that on the Business Day following receipt by such Lender or such the Administrative Agent (as the case may be), of any sum adjudged to be so due in such other currency, such Lender or such the Administrative Agent (as the case may be) may in accordance with normal banking procedures purchase the applicable Primary Currency with such other currency; if the amount of the applicable Primary Currency so purchased is less than such sum due to such Lender or such the Administrative Agent (as the case may be) in the applicable Primary Currency, the Borrowers agreeBorrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or such the Administrative Agent (as the case may be) against such loss, and if the amount of the applicable Primary Currency so purchased exceeds such sum due to any Lender or such the Administrative Agent (as the case may be) in the applicable Primary Currency, such Lender or such the Administrative Agent (as the case may be) agrees to remit to the applicable Borrower such excess.

Judgment. (a) If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder or under the Notes in Dollars any currency (the "Original Currency") into Euro, or to convert a sum due hereunder in Euro into Dollars, another currency (the "Other Currency") the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Equivalent thereof Paying Agent could purchase the Original Currency with the Other Currency at 9:00 A.M. (New York City time) on the first Business Day preceding that on which final judgment is given. (b) The obligation of any the Borrower in respect of any sum due in the Original Currency from it in Euro or Dollars (the “Primary Currency”) to any Lender or any the Paying Agent hereunder shall, notwithstanding any judgment in any other currencyOther Currency, be discharged only to the extent that on the Business Day following receipt by such Lender or such the Paying Agent (as the case may be), ) of any sum adjudged to be so due in such other currency, Other Currency such Lender or such the Paying Agent (as the case may be) may in accordance with normal banking procedures purchase the applicable Primary Currency Dollars with such other currencyOther Currency; if the amount of the applicable Primary Original Currency so purchased is less than such the sum originally due to such Lender or such the Paying Agent (as the case may be) in the applicable Primary Original Currency, the Borrowers agreeBorrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or such the Paying Agent (as the case may be) against such loss, and if the amount of the applicable Primary Original Currency so purchased exceeds such the sum originally due to any Lender or such the Paying Agent (as the case may be) in the applicable Primary Original Currency, such Lender or such the Paying Agent (as the case may be) agrees to remit to the applicable Borrower such excess.

Judgment. (a) If If, for the purposes purpose of obtaining judgment in any court court, it is necessary to convert a sum due owing hereunder in Dollars one currency into Euroanother currency, or to convert a sum due hereunder in Euro into Dollars, the parties each party hereto agreeagrees, to the fullest extent that they it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the Equivalent thereof relevant jurisdiction the first currency could be purchased with such other currency on the Business Day immediately preceding that the day on which final judgment is given. (b) The obligation of any the Borrower and each Loan Party in respect of any sum due from it in Euro or Dollars any currency (the “Primary Currency”) to any Lender or any the Designated Agent hereunder shall, notwithstanding any judgment in any other currency, be discharged only to the extent that on the Business Day following receipt by such Lender or such the Designated Agent (as the case may be), of any sum adjudged to be so due in such other currency, such Lender or such the Designated Agent (as the case may be) may in accordance with normal banking procedures purchase the applicable Primary Currency with such other currency; if the amount of the applicable Primary Currency so purchased is less than such sum due to such Lender or such the Designated Agent (as the case may be) in the applicable Primary Currency, the Borrowers agreeBorrower and each other Loan Party agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or such the Designated Agent (as the case may be) against such loss, and if the amount of the applicable Primary Currency so purchased exceeds such sum due to any Lender or such the Designated Agent (as the case may be) in the applicable Primary Currency, such Lender or such the Designated Agent (as the case may be) agrees to remit to the applicable Borrower or such other Loan Party such excess.

Judgment. (a) If If, for the purposes of obtaining judgment in any court court, it is necessary to convert a sum due hereunder or under any other Loan Document in Dollars one currency into Euroanother currency, or to convert a sum due hereunder in Euro into Dollars, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Equivalent thereof Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. (b) . The obligation of any Borrower the Company in respect of any such sum due from it in Euro to the Agent or Dollars (the “Primary Currency”) to any Lender hereunder or any Agent hereunder under the other Loan Documents shall, notwithstanding any judgment in any a currency (the "Judgment Currency") other currencythan that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the "Agreement Currency"), be discharged only to the extent that on the Business Day following receipt by the Agent or such Lender or such Agent (as the case may be), of any sum adjudged to be so due in such other currencythe Judgment Currency, the Agent or such Lender or such Agent (as the case may be) may in accordance with normal banking procedures purchase the applicable Primary Agreement Currency with such other currency; if the Judgment Currency. If the amount of the applicable Primary Agreement Currency so purchased is less than such the sum originally due to the Agent or such Lender or such Agent (as the case may be) in the applicable Primary Agreement Currency, the Borrowers agreeCompany agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Agent or such Lender or the Person to whom such Agent (as the case may be) obligation was owing against such loss, and if . If the amount of the applicable Primary Agreement Currency so purchased exceeds such is greater than the sum originally due to any Lender the Agent or such Lender in such currency, the Agent (as the case may be) in the applicable Primary Currency, or such Lender or such Agent (as the case may be) agrees to remit return the amount of any excess to the Company (or to any other Person who may be entitled thereto under applicable Borrower such excesslaw).

Judgment. (a) If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder in Dollars into Euro, or to convert a sum due hereunder in Euro Euros into Dollars, the parties hereto agree, agree to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Equivalent thereof Designated Agent could purchase Euros with Dollars at JPMCB’s principal office in London at 11:00 A.M. (London time) on the Business Day preceding that on which final judgment is given. (b) The obligation of any the Borrower and each Loan Party in respect of any sum due from it in Euro or Dollars any currency (the “Primary Currency”) to any Lender or any the Designated Agent hereunder shall, notwithstanding any judgment in any other currency, be discharged only to the extent that on the Business Day following receipt by such Lender or such the Designated Agent (as the case may be), of any sum adjudged to be so due in such other currency, such Lender or such the Designated Agent (as the case may be) may in accordance with normal banking procedures purchase the applicable Primary Currency with such other currency; if the amount of the applicable Primary Currency so purchased is less than such sum due to such Lender or such the Designated Agent (as the case may be) in the applicable Primary Currency, the Borrowers agreeBorrower and each other Loan Party agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or such the Designated Agent (as the case may be) against such loss, and if the amount of the applicable Primary Currency so purchased exceeds such sum due to any Lender or such the Designated Agent (as the case may be) in the applicable Primary Currency, such Lender or such the Designated Agent (as the case may be) agrees to remit to the applicable Borrower or such other Loan Party such excess.

Judgment. (a) If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder in Dollars one currency into Euro, or to convert a sum due hereunder in Euro into Dollarsanother currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Equivalent thereof Administrative Agent could purchase the first currency with such other currency at Citibank’s principal office in London at 11:00 A.M. (London time) on the Business Day preceding that on which final judgment is given. (b) The obligation of any Borrower in respect of any sum due from it in Euro or Dollars any currency (the “Primary Currency”) to any Lender or any the Administrative Agent hereunder shall, notwithstanding any judgment in any other currency, be discharged only to the extent that on the Business Day following receipt by such Lender or such the Administrative Agent (as the case may be), of any sum adjudged to be so due in such other currency, such Lender or such the Administrative Agent (as the case may be) may in accordance with normal banking procedures purchase the applicable Primary Currency with such other currency; if the amount of the applicable Primary Currency so purchased is less than such sum due to such Lender or such the Administrative Agent (as the case may be) in the applicable Primary Currency, the Borrowers agreeeach Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or such the Administrative Agent (as the case may be) against such loss, and if the amount of the applicable Primary Currency so purchased exceeds such sum due to any Lender or such the Administrative Agent (as the case may be) in the applicable Primary Currency, such Lender or such the Administrative Agent (as the case may be) agrees to remit to the applicable such Borrower such excess.

Judgment. (a) If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder or under the Notes in U.S. Dollars into Euro, or to convert a sum due hereunder in Euro into Dollarsanother currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Equivalent thereof Administrative Agent could purchase U.S. Dollars with such other currency at New York City on the Business Day preceding that on which final judgment is given. (b) The obligation of any Borrower the Borrowers in respect of any sum due from it in Euro or Dollars (to the “Primary Currency”) to any Lender Administrative Agent or any Agent Lender, as the case may be, hereunder or under the Notes shall, notwithstanding any judgment in any a currency other currencythan U.S. Dollars, be discharged only to the extent that on the Business Day following receipt by the Administrative Agent or such Lender or such Agent (as the case may be), of any sum adjudged to be so due in such other currencycurrency the Administrative Agent or the Lender, such Lender or such Agent (as the case may be) , may in accordance with normal banking procedures purchase the applicable Primary Currency U.S. Dollars with such other currency; if the amount of the applicable Primary Currency U.S. Dollars so purchased is are less than such the sum originally due to such Lender the Administrative Agent or such Agent (the Lender, as the case may be) , in the applicable Primary CurrencyU.S. Dollars, the Borrowers agree, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender the Administrative Agent or such Agent (the Lender, as the case may be) , against such loss, and if the amount of the applicable Primary Currency U.S. Dollars so purchased exceeds such exceed the sum originally due to any Lender the Administrative Agent or such Agent (the Lender, as the case may be) , in U.S. Dollars, the applicable Primary CurrencyAdministrative Agent or the Lender, such Lender or such Agent (as the case may be) , agrees to remit to the applicable Borrower Borrowers, for deposit in the Borrowers’ Account, such excess.

Judgment. (a) If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder or under the Notes in US Dollars into Euro, or to convert a sum due hereunder in Euro into Dollarsanother currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Equivalent thereof Agent could purchase US Dollars with such other currency at Citibank's principal office in London at 11:00 A.M. (London time) on the Business Day preceding that on which final judgment is given. (b) If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder or under the Notes in a Foreign Currency into US Dollars, the parties agree to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Agent could purchase such Foreign Currency with US Dollars at Citibank's principal office in London at 11:00 A.M. (London time) on the Business Day preceding that on which final judgment is given. (c) The obligation of any Borrower in respect of any sum due from it in Euro or Dollars (the “Primary Currency”) to any Lender Party or any the Agent hereunder or under a Note held by such Lender Party shall, notwithstanding any judgment in any a currency other currencythan US Dollars, be discharged only to the extent that on the Business Day following receipt by such Lender Party or such the Agent (as the case may be), ) of any sum adjudged to be so due in such other currency, such Lender Party or such the Agent (as the case may be) may in accordance with normal banking procedures purchase the applicable Primary Currency US Dollars with such other currency; if the amount of the applicable Primary Currency US Dollars so purchased is are less than such sum due to such Lender Party or such the Agent (as the case may be) in the applicable Primary CurrencyUS Dollars, the Borrowers agreesuch Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender Party or such the Agent (as the case may be) against such loss, and if the amount of the applicable Primary Currency US Dollars so purchased exceeds exceed such sum due to any Lender Party or such the Agent (as the case may be) in the applicable Primary CurrencyUS Dollars, such Lender Party or such the Agent (as the case may be) agrees to remit to the applicable such Borrower such excess.

Judgment. (a) If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder in Dollars into Euro, or to convert a sum due hereunder in Euro into Dollarsanother currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Equivalent thereof Administrative Agent could purchase Dollars with such other currency at the Administrative Agent’s principal office in New York at 11:00 a.m. (New York time) on the Business Day preceding that on which final judgment is given. (b) [Reserved]. (c) The obligation of any Borrower the Borrowers in respect of any sum due from it in Euro or Dollars any currency (the “Primary Currency”) to any Lender or any the Administrative Agent hereunder shall, notwithstanding any judgment in any other currency, be discharged only to the extent that on the Business Day following receipt by such Lender or such the Administrative Agent (as the case may be), of any sum adjudged to be so due in such other currency, such Lender or such the Administrative Agent (as the case may be) may in accordance with normal banking procedures purchase the applicable Primary Currency with such other currency; if the amount of the applicable Primary Currency so purchased is less than such sum due to such Lender or such the Administrative Agent (as the case may be) in the applicable Primary Currency, the Borrowers agree, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or such the Administrative Agent (as the case may be) against such loss, and if the amount of the applicable Primary Currency so purchased exceeds such sum due to any Lender or such the Administrative Agent (as the case may be) in the applicable Primary Currency, such Lender or such the Administrative Agent (as the case may be) agrees to remit to the applicable Borrower Borrowers such excess.

Judgment. (a) If for the purposes purpose of obtaining judgment in any court it is necessary to convert a sum due hereunder in Dollars one currency into Euro, or to convert a sum due hereunder in Euro into Dollarsanother currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Equivalent thereof Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that the day on which final judgment is given. (b) The obligation obligations of any the Borrower in respect of this Agreement and any sum Note due from it in Euro or Dollars (the “Primary Currency”) to any Lender party hereto or any Agent hereunder holder of any bond shall, notwithstanding any judgment in any a currency (the “judgment currency”) other than the currency in which the sum originally due to such party or such holder is denominated (the “original currency”), be discharged only to the extent that on the Business Day following receipt by such Lender party or such Agent holder (as the case may be), ) of any sum adjudged to be so due in the judgment currency such other currency, such Lender party or such Agent holder (as the case may be) may in accordance with normal banking procedures purchase the applicable Primary Currency original currency with such other the judgment currency; if the amount of the applicable Primary Currency original currency so purchased is less than such the sum originally due to such Lender party or such Agent holder (as the case may be) in the applicable Primary Currencyoriginal currency, the Borrowers agreeBorrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender party or such Agent holder (as the case may be) against such loss, and if the amount of the applicable Primary Currency original currency so purchased exceeds such the sum originally due to any Lender party to this Agreement or such Agent any holder of Notes (as the case may be) in the applicable Primary Currency), such Lender party or such Agent holder (as the case may be) ), agrees to remit to the applicable Borrower Borrower, such excess. This covenant shall survive the termination of this Agreement and payment of the Loans and all other amounts payable hereunder.

Judgment. (a) If If, for the purposes of obtaining judgment in any court court, it is necessary to convert a sum due hereunder or under any other Loan Document in Dollars one currency into Euroanother currency, or to convert a sum due hereunder in Euro into Dollars, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Equivalent thereof Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. (b) . The obligation of any Borrower the Company in respect of any such sum due from it in Euro to the Agent or Dollars (the “Primary Currency”) to any Lender hereunder or any Agent hereunder under the other Loan Documents shall, notwithstanding any judgment in any a currency (the "JUDGMENT CURRENCY") other currencythan that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the "AGREEMENT CURRENCY"), be discharged only to the extent that on the Business Day following receipt by the Agent or such Lender or such Agent (as the case may be), of any sum adjudged to be so due in such other currencythe Judgment Currency, the Agent or such Lender or such Agent (as the case may be) may in accordance with normal banking procedures purchase the applicable Primary Agreement Currency with such other currency; if the Judgment Currency. If the amount of the applicable Primary Agreement Currency so purchased is less than such the sum originally due to the Agent or such Lender or such Agent (as the case may be) in the applicable Primary Agreement Currency, the Borrowers agreeCompany agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Agent or such Lender or the Person to whom such Agent (as the case may be) obligation was owing against such loss, and if . If the amount of the applicable Primary Agreement Currency so purchased exceeds such is greater than the sum originally due to any Lender the Agent or such Lender in such currency, the Agent (as the case may be) in the applicable Primary Currency, or such Lender or such Agent (as the case may be) agrees to remit return the amount of any excess to the Company (or to any other Person who may be entitled thereto under applicable Borrower such excesslaw).

Judgment. (a) If If, for the purposes of obtaining judgment in any court court, it is necessary to convert a sum due hereunder or any other Loan Document in Dollars one currency into Euroanother currency, or to convert a sum due hereunder in Euro into Dollars, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Equivalent thereof Applicable Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. (b) . The obligation of any each Borrower in respect of any such sum due from it in Euro or Dollars (to the “Primary Currency”) to any Lender or any Applicable Agent hereunder or under any other Loan Document shall, notwithstanding any judgment in any a currency (the "JUDGMENT CURRENCY") other currencythan that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the "AGREEMENT CURRENCY"), be discharged only to the extent that on the Business Day following receipt by such Lender or such the Applicable Agent (as the case may be), of any sum adjudged to be so due in such other currencythe Judgment Currency, such Lender or such Agent (as the case may be) may in accordance with normal banking procedures purchase the applicable Primary Agreement Currency with such other currency; if the Judgment Currency. If the amount of the applicable Primary Agreement Currency so purchased is less than such the sum originally due to such Lender or such the Applicable Agent (as the case may be) in the applicable Primary Agreement Currency, the Borrowers agreeApplicable Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender Agent or the Person to whom such Agent (as the case may be) obligation was owing against such loss, and if . If the amount of the applicable Primary Agreement Currency so purchased exceeds such is greater than the sum originally due to any Lender or the Applicable Agent in such currency, such Agent (as the case may be) in the applicable Primary Currency, such Lender or such Agent (as the case may be) agrees to remit return the amount of any excess to the Applicable Borrower (or to any other Person who may be entitled thereto under applicable Borrower such excess.law). 100

Judgment. (a) If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder in U.S. Dollars into Euro, or to convert a sum due hereunder in Euro into Dollarsanother currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Equivalent thereof Administrative Agent could purchase U.S. Dollars with such other currency at BTMU’s principal office in London at 11:00 A.M. (London time) on the Business Day preceding that on which final judgment is given. (a) If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder in Euro into U.S. Dollars, the parties agree to the fullest 55 extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase such Euro with U.S. Dollars at BTMU’s principal office in London at 11:00 A.M. (London time) on the Business Day preceding that on which final judgment is given. (b) The obligation of any the Borrower in respect of any sum due from it in Euro or Dollars any currency (the “Primary Currency”) to any Lender or any the Administrative Agent hereunder shall, notwithstanding any judgment in any other currency, be discharged only to the extent that on the Business Day following receipt by such Lender or such the Administrative Agent (as the case may be), of any sum adjudged to be so due in such other currency, such Lender or such the Administrative Agent (as the case may be) may in accordance with normal banking procedures purchase the applicable Primary Currency with such other currency; if the amount of the applicable Primary Currency so purchased is less than such sum due to such Lender or such the Administrative Agent (as the case may be) in the applicable Primary Currency, the Borrowers agreeBorrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or such the Administrative Agent (as the case may be) against such loss, and if the amount of the applicable Primary Currency so purchased exceeds such sum due to any Lender or such the Administrative Agent (as the case may be) in the applicable Primary Currency, such Lender or such the Administrative Agent (as the case may be) agrees to remit to the applicable Borrower such excess.

Judgment. (a) If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder in Dollars U.S. dollars into Euro, or to convert a sum due hereunder in Euro into Dollarsanother currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Equivalent thereof Agent could purchase Dollars with such other currency at Citibank's principal office in London at 11:00 A.M. (London time) on the Business Day preceding that on which final judgment is given. (b) The obligation of any the Borrower in respect of any sum due from it in Euro or Dollars any currency (the “"Primary Currency”") to any Lender or any the Agent hereunder shall, notwithstanding any judgment in any other currency, be discharged only to the extent that on the Business Day following receipt by such Lender or such the Agent (as the case may be), of any sum adjudged to be so due in such other currency, such Lender or such the Agent (as the case may be) may in accordance with normal banking procedures purchase the applicable Primary Currency with such other currency; if the amount of the applicable Primary Currency so purchased is less than such sum due to such Lender or such the Agent (as the case may be) in the applicable Primary Currency, the Borrowers agreeBorrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or such the Agent (as the case may be) against such loss, and if the amount of the applicable Primary Currency so purchased exceeds such sum due to any Lender or such the Agent (as the case may be) in the applicable Primary Currency, such Lender or such the Agent (as the case may be) agrees to remit to the applicable Borrower such excess.

Judgment. (a) If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder in Dollars U.S. dollars into Euro, or to convert a sum due hereunder in Euro into Dollarsanother currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Equivalent thereof Administrative Agent could purchase U.S. dollars with such other currency at Citibank’s principal office in London at 11:00 A.M. (London time) on the Business Day preceding that on which final judgment is given. (b) The obligation of any the Borrower in respect of any sum due from it in Euro or Dollars any currency (the “Primary Currency”) to any Lender or any the Administrative Agent hereunder shall, notwithstanding any judgment in any other currency, be discharged only to the extent that on the Business Day following receipt by such Lender or such the Administrative Agent (as the case may be), ) of any sum adjudged to be so due in such other currency, such Lender or such the Administrative Agent (as the case may be) may in accordance with normal banking procedures purchase the applicable Primary Currency with such other currency; if the amount of the applicable Primary Currency so purchased is less than such sum due to such Lender or such the Administrative Agent (as the case may be) in the applicable Primary Currency, the Borrowers agreeBorrower and each Borrowing Subsidiary agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or such the Administrative Agent (as the case may be) against such loss, and if the amount of the applicable Primary Currency so purchased exceeds such sum due to any Lender or such the Administrative Agent (as the case may be) in the applicable Primary Currency, such Lender or such the Administrative Agent (as the case may be) agrees to remit to the applicable such Borrower such excess.

Judgment. (a) If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder in US Dollars or Canadian Dollars into Euro, or to convert a sum due hereunder in Euro into Dollarsanother currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Equivalent thereof Agent could purchase US Dollars or Canadian Dollars with such other currency at Citibank’s principal office in London at 11:00 A.M. (London time) on the Business Day preceding that on which final judgment is given. (b) The obligation of any Borrower TCCI in respect of any sum due from it in Euro or Dollars any currency (the “Primary Currency”) to any Tranche C Lender or any the Administrative Agent hereunder shall, notwithstanding any judgment in any other currency, be discharged only to the extent that on the Business Day following receipt by such Lender or such the Administrative Agent (as the case may be), of any sum adjudged to be so due in such other currency, such Lender or such the Administrative Agent (as the case may be) may in accordance with normal banking procedures purchase the applicable Primary Currency with such other currency; if the amount of the applicable Primary Currency so purchased is less than such sum due to such Lender or such the Administrative Agent (as the case may be) in the applicable Primary Currency, the Borrowers agreeTCCI agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or such the Administrative Agent (as the case may be) against such loss, and if the amount of the applicable Primary Currency so purchased exceeds such sum due to any Lender or such the Administrative Agent (as the case may be) in the applicable Primary Currency, such Lender or such the Administrative Agent (as the case may be) agrees to remit to the applicable Borrower TCCI such excess.

Judgment. (a) If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder in Dollars U.S. dollars into Euro, or to convert a sum due hereunder in Euro into Dollarsanother currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Equivalent thereof Agent could purchase U.S. dollars with such other currency at Citibank's principal office in London at 11:00 A.M. (London time) on the Business Day preceding that on which final judgment is given. (b) The obligation of any Borrower in respect of any sum due from it in Euro or Dollars any currency (the “"Primary Currency”") to any Lender or any the Agent hereunder shall, notwithstanding any judgment in any other currency, be discharged only to the extent that on the Business Day following receipt by such Lender or such the Agent (as the case may be), of any sum adjudged to be so due in such other currency, such Lender or such the Agent (as the case may be) may in accordance with normal banking procedures purchase the applicable Primary Currency with such other currency; if the amount of the applicable Primary Currency so purchased is less than such sum due to such Lender or such the Agent (as the case may be) in the applicable Primary Currency, the Borrowers agreeeach Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or such the Agent (as the case may be) against such loss, and if the amount of the applicable Primary Currency so purchased exceeds such sum due to any Lender or such the Agent (as the case may be) in the applicable Primary Currency, such Lender or such the Agent (as the case may be) agrees to remit to the applicable such Borrower such excess.

Judgment. (a) If for the purposes purpose of obtaining judgment in any court it is necessary to convert a sum due hereunder in Dollars one currency into Euro, or to convert a sum due hereunder in Euro into Dollarsanother currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Equivalent thereof Administrative Agent could purchase the first currency with such other currency on the second Business Day preceding that the day on which final judgment is given. (b) The obligation of any Borrower each of the Borrowers in respect of any sum due from it in Euro or Dollars (the “Primary Currency”) to any Lender or any the Administrative Agent hereunder shall, notwithstanding any judgment in any a currency (the "Judgment Currency") other currencythan that in which such sum is denominated in accordance with the applicable provisions of this Agreement or the other Loan Documents (the "Agreement Currency"), be discharged only to the extent that on the second Business Day following receipt by such Lender or such the Administrative Agent (as the case may be), ) of any sum adjudged to be so due in such other currency, the Judgment Currency such Lender or such the Administrative Agent (as the case may be) may in accordance with normal banking procedures purchase the applicable Primary Agreement Currency with such other currencythe Judgment Currency; if the amount of the applicable Primary Agreement Currency so purchased is less than such the sum originally due to such Lender or such the Administrative Agent (as the case may be) in the applicable Primary Agreement Currency, each of the Borrowers agreeagrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or such the Administrative Agent (as the case may be) against such loss, and if the amount of the applicable Primary Agreement Currency so purchased exceeds such the sum originally due to any Lender or such the Administrative Agent (as the case may be) in the applicable Primary Currency), such Lender or such the 117 111 Administrative Agent (as the case may be) agrees to remit to the applicable Borrower such excess.. The obligations of each of the Borrowers contained in this subsection 11.17 shall survive the termination of this Agreement and the payment of all amounts owing hereunder. 118 112

Judgment. (a) If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder in Dollars into Euro, or to convert a sum due hereunder in Euro into Dollarsanother currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Equivalent thereof Agent could purchase Dollars with such other currency at Citibank’s principal office in London at 11:00 A.M. (London time) on the Business Day preceding that on which final judgment is given. (b) The obligation of any the Borrower in respect of any sum due from it in Euro or Dollars any currency (the “Primary Currency”) to any Lender or any the Agent hereunder shall, notwithstanding any judgment in any other currency, be discharged only to the extent that on the Business Day following receipt by such Lender or such the Agent (as the case may be), of any sum adjudged to be so due in such other currency, such Lender or such the Agent (as the case may be) may in accordance with normal banking procedures purchase the applicable Primary Currency with such other currency; if the amount of the applicable Primary Currency so purchased is less than such sum due to such Lender or such the Agent (as the case may be) in the applicable Primary Currency, the Borrowers agreeBorrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or such the Agent (as the case may be) against such loss, and if the amount of the applicable Primary Currency so purchased exceeds such sum due to any Lender or such the Avago Credit Agreement Agent (as the case may be) in the applicable Primary Currency, such Lender or such the Agent (as the case may be) agrees to remit to the applicable Borrower such excess.

Judgment. (a) If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder in Dollars U.S. dollars into Euro, or to convert a sum due hereunder in Euro into Dollarsanother currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Equivalent thereof Agent could purchase U.S. dollars with such other currency at Citibank’s principal office in London at 11:00 A.M. (London time) on the Business Day preceding that on which final judgment is given. (b) The obligation of any the Borrower in respect of any sum due from it in Euro or Dollars any currency (the “Primary Currency”) to any Lender or any the Agent hereunder shall, notwithstanding any judgment in any other currency, be discharged only to the extent that on the Business Day following receipt by such Lender or such the Agent (as the case may be), of any sum adjudged to be so due in such other currency, such Lender or such the Agent (as the case may be) may in accordance with normal banking procedures purchase the applicable Primary Currency with such other currency; if the amount of the applicable Primary Currency so purchased is less than such sum due to such Lender or such the Agent (as the case may be) in the applicable Primary Currency, the Borrowers agreeBorrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or such the Agent (as the case may be) against such loss, and if the amount of the applicable Primary Currency so purchased exceeds such sum due to any Lender or such the Agent (as the case may be) in the applicable Primary Currency, such Lender or such the Agent (as the case may be) agrees to remit to the applicable Borrower such excess.

Judgment. (a) If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder or under the Notes in Dollars into Euro, or to convert a sum due hereunder in Euro into Dollarsanother currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Equivalent thereof Agent could purchase Dollars with such other currency at Citibank's principal office in London at 11:00 A.M. (London time) on the Business Day preceding that on which final judgment is given. (b) If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder or under the Notes in a Primary Currency into Dollars, the parties agree to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Agent could purchase such Primary Currency with Dollars at Citibank's principal office in London at 11:00 A.M. (London time) on the Business Day preceding that on which final judgment is given. (c) The obligation of any Borrower in respect of any sum due from it in Euro or Dollars (the “Primary Currency”) to any Lender or any the Agent hereunder or under a Note held by such Lender shall, notwithstanding any judgment in any a currency other currencythan Dollars, be discharged only to the extent that on the Business Day following receipt by such Lender or such the Agent (as the case may be), ) of any sum adjudged to be so due in such other currency, such Lender or such the Agent (as the case may be) may in accordance with normal banking procedures purchase the applicable Primary Currency Dollars with such other currency; if the amount of the applicable Primary Currency Dollars so purchased is are less than such sum due to such Lender or such the Agent (as the case may be) in the applicable Primary CurrencyDollars, the Borrowers agreesuch Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or such the Agent (as the case may be) against such loss, and if the amount of the applicable Primary Currency Dollars so purchased exceeds exceed such sum due to any Lender or such the Agent (as the case may be) in the applicable Primary CurrencyDollars, such Lender or such the Agent (as the case may be) agrees to remit to the applicable such Borrower such excess.

Judgment. (a) If If, for the purposes of obtaining judgment in any court court, it is necessary to convert a sum due hereunder or any other Loan Documents in Dollars one currency into Euroanother currency, or to convert a sum due hereunder in Euro into Dollars, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Equivalent thereof Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. (b) . The obligation of any Borrower in respect of any such sum due from it in Euro or Dollars (to the “Primary Currency”) to any Lender Administrative Agent or any Agent Bank hereunder or under the other Loan Documents shall, notwithstanding any judgment in any a currency (the "Judgment Currency") other currencythan that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the "Agreement Currency"), be discharged only to the extent that on the Business Day following receipt by such Lender or such the Administrative Agent (as the case may be), of any sum adjudged to be so due in such other currencythe Judgment Currency, such Lender or such the Administrative Agent (as the case may be) may in accordance with normal banking procedures purchase the applicable Primary Agreement Currency with such other currency; if the Judgment Currency. If the amount of the applicable Primary Agreement Currency so purchased is less than such the sum originally due to such Lender the Administrative Agent or such Agent (as the case may be) any Bank in the applicable Primary Agreement Currency, the Borrowers agreeBorrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent or the Bank to whom such Lender or such Agent (as the case may be) obligation was owing against such loss, and if . If the amount of the applicable Primary Agreement Currency so purchased exceeds such is greater than the sum originally due to the Administrative Agent or any Lender or Bank in such currency, the Administrative Agent (as the case may be) in the applicable Primary Currency, such Lender or such Agent (as the case may be) agrees to remit return the amount of any excess to the Borrower (or to any other Person who may be entitled thereto under applicable Borrower such excess.law). (Credit Agreement) 76 83

Judgment. (a) If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder in US Dollars, Canadian Dollars or Australian Dollars into Euro, or to convert a sum due hereunder in Euro into Dollarsanother currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Equivalent thereof Administrative Agent could purchase US Dollars, Canadian Dollars or Australian Dollars with such other currency at BNP Paribas’s principal office in London at 11:00 a.m. (London time) on the Business Day preceding that on which final judgment is given. (b) The obligation of any Borrower in respect of any sum due from it in Euro or Dollars any currency (the “Primary Currency”) to any Lender or any the Administrative Agent hereunder shall, notwithstanding any judgment in any other currency, be discharged only to the extent that on the Business Day following receipt by such Lender or such the Administrative Agent (as the case may bemaybe), of any sum adjudged to be so due in such other currency, such Lender or such the Administrative Agent (as the case may be) may in accordance with normal banking procedures purchase the applicable Primary Currency with such other currency; if the amount of the applicable Primary Currency so purchased is less than such sum due to such Lender or such the Administrative Agent (as the case may be) in the applicable Primary Currency, the Borrowers agreesuch Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or such the Administrative Agent (as the case may be) against such loss, and if the amount of the applicable Primary Currency so purchased exceeds such sum due to any Lender or such the Administrative Agent (as the case may be) in the applicable Primary Currency, such Lender or such the Administrative Agent (as the case may be) agrees to remit to the applicable such Borrower such excess.

Judgment. (a%3) If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder in Dollars into Euro, or to convert a sum due hereunder in Euro into Dollarsanother currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Equivalent thereof Agent could purchase Dollars with such other currency at Citibank’s principal office in London at 11:00 A.M. (London time) on the Business Day preceding that on which final judgment is given. (ba) The obligation of any the Borrower in respect of any sum due from it in Euro or Dollars any currency (the “Primary Currency”) to any Lender or any the Agent hereunder shall, notwithstanding any judgment in any other currency, be discharged only to the extent that on the Business Day following receipt by such Lender [[NYCORP:3664832v12::08/15/2017--08:07 PM]] or such the Agent (as the case may be), of any sum adjudged to be so due in such other currency, such Lender or such the Agent (as the case may be) may in accordance with normal banking procedures purchase the applicable Primary Currency with such other currency; if the amount of the applicable Primary Currency so purchased is less than such sum due to such Lender or such the Agent (as the case may be) in the applicable Primary Currency, the Borrowers agreeBorrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or such the Agent (as the case may be) against such loss, and if the amount of the applicable Primary Currency so purchased exceeds such sum due to any Lender or such the Agent (as the case may be) in the applicable Primary Currency, such Lender or such the Agent (as the case may be) agrees to remit to the applicable Borrower such excess.

Judgment. (a) If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder in U.S. Dollars into Euro, or to convert a sum due hereunder in Euro into Dollarsanother currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Equivalent thereof Administrative Agent could purchase U.S. Dollars with such other currency at Bank of America’s principal office in London at 11:00 A.M. (London time) on the Business Day preceding that on which final judgment is given. (a) If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder in Euro into U.S. Dollars, the parties agree to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase such Euro with U.S. Dollars at Bank of America’s principal office in London at 11:00 A.M. (London time) on the Business Day preceding that on which final judgment is given. (b) The obligation of any the Borrower in respect of any sum due from it in Euro or Dollars any currency (the “Primary Currency”) to any Lender or any the Administrative Agent hereunder shall, notwithstanding any judgment in any other currency, be discharged only to the extent that on the Business Day following receipt by such Lender or such the Administrative Agent (as the case may be), of any sum adjudged to be so due in such other currency, such Lender or such the Administrative Agent (as the case may be) may in accordance with normal banking procedures purchase the applicable Primary Currency with such other currency; if the amount of the applicable Primary Currency so purchased is less than such sum due to such Lender or such the Administrative Agent (as the case may be) in the applicable Primary Currency, the Borrowers agreeBorrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or such the Administrative Agent (as the case may be) against such loss, and if the amount of the applicable Primary Currency so purchased exceeds such sum due to any Lender or such the Administrative Agent (as the case may be) in the applicable Primary Currency, such Lender or such the Administrative Agent (as the case may be) agrees to remit to the applicable Borrower such excess.

Judgment. (a) If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder in Dollars into Euro, or to convert a sum due hereunder in Euro into Dollarsanother currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Equivalent thereof Agent could purchase Dollars with such other currency at Citibank’s principal office in London at 11:00 A.M. (London time) on the Business Day preceding that on which final judgment is given. (ba) The obligation of any the Borrower in respect of any sum due from it in Euro or Dollars any currency (the “Primary Currency”) to any Lender or any the Agent hereunder shall, notwithstanding any judgment in any other currency, be discharged only to the extent that on the Business Day following receipt by such Lender or such the Agent (as the case may be), of any sum adjudged to be so due in such other currency, such Lender or such the Agent (as the case may be) may in accordance with normal banking procedures purchase the applicable Primary Currency with such other currency; if the amount of the applicable Primary Currency so purchased is less than such sum due to such Lender or such the Agent (as the case may be) in the applicable Primary Currency, [[3666665]] the Borrowers agreeBorrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or such the Agent (as the case may be) against such loss, and if the amount of the applicable Primary Currency so purchased exceeds such sum due to any Lender or such the Agent (as the case may be) in the applicable Primary Currency, such Lender or such the Agent (as the case may be) agrees to remit to the applicable Borrower such excess.

Judgment. (a) If for the purposes purpose of obtaining judgment in any court it is necessary to convert a sum due hereunder in Dollars one currency into Euro, or to convert a sum due hereunder in Euro into Dollarsanother currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Equivalent thereof Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that the day on which final judgment is given. (b) The obligation obligations of any the Borrower in respect of this Agreement and any sum Note due from it in Euro or Dollars (the “Primary Currency”) to any Lender party hereto or any Agent hereunder holder of any bond shall, notwithstanding any judgment in any a currency (the "JUDGMENT CURRENCY") other currencythan the currency in which the sum originally due to such party or such holder is denominated (the "ORIGINAL CURRENCY"), be discharged only to the extent that on the Business Day following receipt by such Lender party or such Agent holder (as the case may be), ) of any sum adjudged to be so due in the judgment currency such other currency, such Lender party or such Agent holder (as the case may be) may in accordance with normal banking procedures purchase the applicable Primary Currency original currency with such other the judgment currency; if the amount of the applicable Primary Currency original currency so purchased is less than such the sum originally due to such Lender party or such Agent holder (as the case may be) in the applicable Primary Currencyoriginal currency, the Borrowers agreeBorrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender party or such Agent holder (as the case may be) against such loss, and if the amount of the applicable Primary Currency original currency so purchased exceeds such the sum originally due to any Lender party to this Agreement or such Agent any holder of Notes (as the case may be) in the applicable Primary Currency), such Lender party or such Agent holder (as the case may be) ), agrees to remit to the applicable Borrower Borrower, such excess. This covenant shall survive the termination of this Agreement and payment of the Loans and all other amounts payable hereunder.

Judgment. (a) If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder in Dollars into Euro, or to convert a sum due hereunder in Euro into Dollarsanother currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Equivalent thereof Administrative Agent could purchase Dollars with such other currency at Nordea’s principal office in London at 11:00 A.M. (London time) on the second Business Day preceding that on which final judgment is given. (b) The obligation of any the Borrower in respect of any sum due from it in Euro or Dollars any currency (the “Primary Currency”) to any Lender or any the Administrative Agent hereunder shall, notwithstanding any judgment in any other currency, be discharged only to the extent that on the Business Day following receipt by such Lender or such the Administrative Agent (as the case may be), of any sum adjudged to be so due in such other currency, such Lender or such the Administrative Agent (as the case may be) may in accordance with normal banking procedures purchase the applicable Primary Currency with such other currency; if the amount of the applicable Primary Currency so purchased is less than such sum due to such Lender or such the Administrative Agent (as the case may be) in the applicable Primary Currency, the Borrowers agreeBorrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or such the Administrative Agent (as the case may be) against such loss, and if the amount of the applicable Primary Currency so purchased exceeds such sum due to any Lender or such the Administrative Agent (as the case may be) in the applicable Primary Currency, such Lender or such the Administrative Agent (as the case may be) agrees to remit to the applicable Borrower such excess.. NYDOCS03/851836.9B 59

Judgment. (a) If for the purposes of obtaining -------- judgment in any court it is necessary to convert a sum due hereunder in US Dollars into Euro, or to convert a sum due hereunder in Euro into Dollarsanother currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Equivalent thereof Agent could purchase US Dollars with such other currency at Citibank's principal office in London at 11:00 A.M. (London time) on the Business Day preceding that on which final judgment is given. (b) The obligation of any Borrower in respect of any sum due from it in Euro or Dollars any currency (the “"Primary Currency”") to any Lender or any the Agent hereunder ---------------- shall, notwithstanding any judgment in any other currency, be discharged only to the extent that on the Business Day following receipt by such Lender or such the Agent (as the case may be), of any sum adjudged to be so due in such other currency, such Lender or such the Agent (as the case may be) may in accordance with normal banking procedures purchase the applicable Primary Currency with such other currency; if the amount of the applicable Primary Currency so purchased is less than such sum due to such Lender or such the Agent (as the case may be) in the applicable Primary Currency, the Borrowers agreesuch Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or such the Agent (as the case may be) against such loss, and if the amount of the applicable Primary Currency so purchased exceeds such sum due to any Lender or such the Agent (as the case may be) in the applicable Primary Currency, such Lender or such the Agent (as the case may be) agrees to remit to the applicable such Borrower such excess.

Judgment. (a) If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder or under the Notes in Dollars any currency (the “Original Currency”) into Euro, or to convert a sum due hereunder in Euro into Dollars, another currency (the “Other Currency”) the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which is in accordance with normal banking procedures the Equivalent thereof Lender could purchase the Original Currency with the Other Currency on the first Business Day preceding that on which final judgment is given. (b) The obligation of any Borrower in respect of any sum due in the Original Currency from it in Euro to the Agent or Dollars (the “Primary Currency”) to any Lender hereunder or any Agent hereunder under the Notes shall, notwithstanding any judgment in any other currencyOther Currency, be discharged only to the extent that on the Business Day following receipt by the Agent or such Lender or such Agent (as the case may be), of any sum adjudged to be so due in such other currency, such Lender or such Agent (as the case may be) Other Currency may in accordance with normal banking procedures purchase the applicable Primary Currency dollars with such other currencyOther Currency; if the amount of the applicable Primary Original Currency so purchased is less than such the sum originally due to such Lender or such Agent (as the case may be) in the applicable Primary Original Currency, the Borrowers agreeBorrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Agent or such Lender or such Agent (as the case may be) against such loss, and if the amount of the applicable Primary Original Currency so purchased exceeds such the sum originally due to any Lender in the Original Currency, the Agent or such Agent (as the case may be) in the applicable Primary Currency, such Lender or such Agent (as the case may be) agrees to remit to the applicable Borrower such excess.

Judgment. (a) If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder in Dollars into Euro, or to convert a sum due hereunder in Euro into Dollars, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be the Equivalent thereof on the Business Day preceding that on which final judgment is given. (b) The obligation of any Borrower in respect of any sum due from it in Euro or Dollars (the “Primary Currency”) to any Lender or any the Facility Agent hereunder shall, notwithstanding any judgment in any other currency, be discharged only to the extent that on the Business Day following receipt by such Lender or such the Facility Agent (as the case may be), of any sum adjudged to be so due in such other currency, such Lender or such the Facility Agent (as the case may be) may in accordance with normal banking procedures purchase the applicable Primary Currency with such other currency; if the amount of the applicable Primary Currency so purchased is less than such sum due to such Lender or such the Facility Agent (as the case may be) in the applicable Primary Currency, the Borrowers agree, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or such the Facility Agent (as the case may be) against such loss, and if the amount of the applicable Primary Currency so purchased exceeds such sum due to any Lender or such the Facility Agent (as the case may be) in the applicable Primary Currency, such Lender or such the Facility Agent (as the case may be) agrees to remit to the applicable Borrower such excess.

Judgment. (a) If If, for the purposes of obtaining judgment in any court court, -------- it is necessary to convert a sum due hereunder or any other Loan Document in Dollars one currency into Euroanother currency, or to convert a sum due hereunder in Euro into Dollars, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Equivalent thereof Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. (b) . The obligation of any the Borrower in respect of any such sum due from it in Euro or Dollars (to the “Primary Currency”) to any Lender or any Administrative Agent hereunder or under the other Loan Documents shall, notwithstanding any judgment in any a currency (the "Judgment Currency") other currencythan that in which such sum is denominated in ----------------- accordance with the applicable provisions of this Agreement (the "Agreement --------- Currency"), be discharged only to the extent that -------- on the Business Day following receipt by such Lender or such the Administrative Agent (as the case may be), of any sum adjudged to be so due in such other currencythe Judgment Currency, such Lender or such the Administrative Agent (as the case may be) may in accordance with normal banking procedures purchase the applicable Primary Agreement Currency with such other currency; if the Judgment Currency. If the amount of the applicable Primary Agreement Currency so purchased is less than such the sum originally due to such Lender or such the Administrative Agent (as the case may be) in the applicable Primary Agreement Currency, the Borrowers agreeBorrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent or the Person to whom such Lender or such Agent (as the case may be) obligation was owing against such loss, and if . If the amount of the applicable Primary Agreement Currency so purchased exceeds such is greater than the sum originally due to any Lender or the Administrative Agent in such currency, the Administrative Agent (as the case may be) in the applicable Primary Currency, such Lender or such Agent (as the case may be) agrees to remit return the amount of any excess to the Borrower (or to any other Person who may be entitled thereto under applicable Borrower such excesslaw).

Judgment. (a) If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder in Dollars U.S. dollars into Euro, or to convert a sum due hereunder in Euro into Dollarsanother currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Equivalent thereof Agent could purchase Dollars with such other currency at Citibank's principal office in London at 11:00 A.M. (London time) on the Business Day preceding that on which final judgment is given. (b) The obligation of any the Borrower in respect of any sum due from it in Euro or Dollars any currency (the “Primary Currency”"PRIMARY CURRENCY") to any Lender or any the Agent hereunder shall, notwithstanding any judgment in any other currency, be discharged only to the extent that on the Business Day following receipt by such Lender or such the Agent (as the case may be), of any sum adjudged to be so due in such other currency, such Lender or such the Agent (as the case may be) may in accordance with normal banking procedures purchase the applicable Primary Currency with such other currency; if the amount of the applicable Primary Currency so purchased is less than such sum due to such Lender or such the Agent (as the case may be) in the applicable Primary Currency, the Borrowers agreeBorrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or such the Agent (as the case may be) against such loss, and if the amount of the applicable Primary Currency so purchased exceeds such sum due to any Lender or such the Agent (as the case may be) in the applicable Primary Currency, such Lender or such the Agent (as the case may be) agrees to remit to the applicable Borrower such excess.

Judgment. (a) If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder or under the Notes in Dollars any currency (the “Original Currency”) into Euro, or to convert a sum due hereunder in Euro into Dollarsanother currency (the “Other Currency”), the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Equivalent thereof Agent could purchase the Original Currency with the Other Currency at 9:00 A.M. (New York City time) on the first Business Day preceding that on which final judgment is given. (b) The obligation of any each Borrower in respect of any sum due in the Original Currency from it in Euro or Dollars (the “Primary Currency”) to any Lender or any the Agent hereunder or under any Note held by such Lender shall, notwithstanding any judgment in any other currencyOther Currency, be discharged only to the extent that on the Business Day following receipt by such Lender or such the Agent (as the case may be), ) of any sum adjudged to be so due in such other currencyOther Currency, such Lender or such the Agent (as the case may be) may in accordance with normal banking procedures purchase the applicable Primary Currency US Dollars with such other currencyOther Currency; if the amount of the applicable Primary Currency US Dollars so purchased is less than such the sum originally due to such Lender or such the Agent (as the case may be) in the applicable Primary Original Currency, the Borrowers agreesuch Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or such the Agent (as the case may be) against such loss, and if the amount of the applicable Primary Original Currency so purchased exceeds such the sum originally due to any Lender or such the Agent (as the case may be) in the applicable Primary Original Currency, such Lender or such the Agent (as the case may be) agrees to remit to the applicable such Borrower such excess.

Judgment. (a) If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder in Dollars into Euro, or to convert a sum due hereunder in Euro Alternative Currency into Dollars, the parties hereto agree, agree to the fullest extent that they may effectively do so, that the rate of exchange used shall be based on the Dollar Equivalent thereof of such Alternative Currency on the Business Day preceding that on which final judgment is given. (b) The obligation of any the Borrower and each Loan Party in respect of any sum due from it in Euro or Dollars any currency (the “Primary Currency”) to any Lender or any the Designated Agent hereunder shall, notwithstanding any judgment in any other currency, be discharged only to the extent that on the Business Day following receipt by such Lender or such the Designated Agent (as the case may be), of any sum adjudged to be so due in such other currency, such Lender or such the Designated Agent (as the case may be) may in accordance with normal banking procedures purchase the applicable Primary Currency with such other currency; if the amount of the applicable Primary Currency so purchased is less than such sum due to such Lender or such the Designated Agent (as the case may be) in the applicable Primary Currency, the Borrowers agreeBorrower and each other Loan Party agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or such the Designated Agent (as the case may be) against such loss, and if the amount of the applicable Primary Currency so purchased exceeds such sum due to any Lender or such the Designated Agent (as the case may be) in the applicable Primary Currency, such Lender or such the Designated Agent (as the case may be) agrees to remit to the applicable Borrower or such Loan Party such excess.

Judgment. (a) If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder in Dollars U.S. dollars into Euro, or to convert a sum due hereunder in Euro into Dollarsanother currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Equivalent thereof Administrative Agent could purchase U.S. dollars with such other currency at Citibank's principal office in London at 11:00 A.M. (London time) on the Business Day preceding that on which final judgment is given. (b) The obligation of any the Borrower in respect of any sum due from it in Euro or Dollars any currency (the “Primary Currency”) to any Lender or any the Administrative Agent hereunder shall, notwithstanding any judgment in any other currency, be discharged only to the extent that on the Business Day following receipt by such Lender or such the Administrative Agent (as the case may be), ) of any sum adjudged to be so due in such other currency, such Lender or such the Administrative Agent (as the case may be) may in accordance with normal banking procedures purchase the applicable Primary Currency with such other currency; if the amount of the applicable Primary Currency so purchased is less than such sum due to such Lender or such the Administrative Agent (as the case may be) in the applicable Primary Currency, the Borrowers agreeBorrower and each Borrowing Subsidiary agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or such the Administrative Agent (as the case may be) against such loss, and if the amount of the applicable Primary Currency so purchased exceeds such sum due to any Lender or such the Administrative Agent (as the case may be) in the applicable Primary Currency, such Lender or such the Administrative Agent (as the case may be) agrees to remit to the applicable such Borrower such excess.

Judgment. (a) If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder in Dollars Sterling into Euro, or to convert a sum due hereunder in Euro into DollarsSterling, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be the Equivalent thereof on the Business Day preceding succeeding that on which final judgment is given. (b) The obligation of any the Borrower in respect of any sum due from it in Euro or Dollars Sterling (the each a “Primary Currency”) to any Lender or any Agent hereunder shall, notwithstanding any judgment in any other currency, be discharged only to the extent that on the Business Day following receipt by such Lender or such Agent (as the case may be), of any sum adjudged to be so due in such other currency, such Lender or such Agent (as the case may be) may in accordance with normal banking procedures purchase the applicable Primary Currency with such other currency; if the amount of the applicable Primary Currency so purchased is less than such sum due to such Lender or such Agent (as the case may be) in the applicable Primary Currency, the Borrowers agreeBorrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or such Agent (as the case may be) against such loss, and if the amount of the applicable Primary Currency so purchased exceeds such sum due to any Lender or such Agent (as the case may be) in the applicable Primary Currency, such Lender or such Agent (as the case may be) agrees to remit to the applicable Borrower such excess.

Judgment. (a) If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder or under the Notes in Dollars any currency (the "Original Currency") into Euro, or to convert a sum due hereunder in Euro into Dollars, another currency (the "Other Currency") the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which is in accordance with normal banking procedures the Equivalent thereof Lender could purchase the Original Currency with the Other Currency on the first Business Day preceding that on which final judgment is given. (b) The obligation of any the Borrower in respect of any sum due in the Original Currency from it in Euro to the Agent or Dollars (the “Primary Currency”) to any Lender hereunder or any Agent hereunder under the Notes shall, notwithstanding any judgment in any other currencyOther Currency, be discharged only to the extent that on the Business Day following receipt by the Agent or such Lender or such Agent (as the case may be), of any sum adjudged to be so due in such other currency, such Lender or such Agent (as the case may be) Other Currency may in accordance with normal banking procedures purchase the applicable Primary Currency dollars with such other currencyOther Currency; if the amount of the applicable Primary Original Currency so purchased is less than such the sum originally due to such Lender or such Agent (as the case may be) in the applicable Primary Original Currency, the Borrowers agreeBorrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Agent or such Lender or such Agent (as the case may be) against such loss, and if the amount of the applicable Primary Original Currency so purchased exceeds such the sum originally due to any Lender in the Original Currency, the Agent or such Agent (as the case may be) in the applicable Primary Currency, such Lender or such Agent (as the case may be) agrees to remit to the applicable Borrower such excess.

Judgment. (a) If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder in Dollars into Euro, or to convert a sum due hereunder in Euro into Dollarsanother currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Equivalent thereof Agent could purchase Dollars with such other currency at Citibank’s principal office in London at 11:00 A.M. (London time) on the Business Day preceding that on which final judgment is given. (b) The obligation of any each Borrower in respect of any sum due from it in Euro or Dollars any currency (the “Primary Currency”) to any Lender or any the Agent hereunder shall, notwithstanding any judgment in any other currency, be discharged only to the extent that on the Business Day following receipt by such Lender or such the Agent (as the case may be), of any sum adjudged to be so due in such other currency, such Lender or such the Agent (as the case may be) may in accordance with normal banking procedures purchase the applicable Primary Currency with such other currency; if the amount of the applicable Primary Currency so purchased is less than such sum due to such Lender or such the Agent (as the case may be) in the applicable Primary Currency, the Borrowers agreeeach Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or such the Agent (as the case may be) against such loss, and if the amount of the applicable Primary Currency so purchased exceeds such sum due to any Lender or such the Agent (as the case may be) in the applicable Primary Currency, such Lender or such the Agent (as the case may be) agrees to remit to the applicable such Borrower such excess.

Judgment. (a) If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder in Dollars lawful money of the United States (“Dollars”) into Euro, or to convert a sum due hereunder in Euro into Dollarsanother currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures that the Equivalent thereof Agent would purchase Dollars with such other currency in New York, New York on the Business Day preceding that on which final judgment is given. (b) The obligation of any Borrower each Company in respect of any sum due from it in Euro to NMC Funding, any Investor, any Administrative Agent or Dollars (the “Primary Currency”) to any Lender or any Agent hereunder shall, notwithstanding any judgment in any a currency other currencythan Dollars, be discharged only to the extent that on the Business Day following receipt by NMC Funding, such Lender Investor, such Administrative Agent or such Agent (the Agent, as the case may be)applicable, of any sum adjudged to be so due in such other currency, currency such Lender or such Agent (as the case may be) Person may in accordance with normal banking procedures purchase the applicable Primary Currency Dollars with such other currency; if the amount of the applicable Primary Currency Dollars so purchased is are less than such the sum originally due to such Lender or Person in Dollars, such Agent (as the case may be) in the applicable Primary Currency, the Borrowers agreeCompany agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or such Agent (as the case may be) Person against such loss, and if the amount of the applicable Primary Currency Dollars so purchased exceeds such exceed the sum originally due to any Lender or such Agent (as the case may be) Person in the applicable Primary CurrencyDollars, such Lender or such Agent (as the case may be) Person agrees to remit to the applicable Borrower such Company such excess. (c) To the extent that any Company has or hereafter may acquire any immunity from jurisdiction of any court or from any legal process (whether through service or notice, attachment prior to judgment, attachment in aid of execution, execution or otherwise) with respect it or its property, such Company hereby irrevocably waives such immunity in respect of its obligations under this Agreement and, without limiting the generality of the foregoing, each Company agrees that the waivers set forth in this Agreement shall have the fullest scope permitted under the Foreign Sovereign Immunities Act of 1976 of the United States and are intended to be irrevocable for purposes of such Act.

Judgment. (a) If for the purposes purpose of obtaining judgment in any court it is necessary to convert a sum due hereunder in Dollars one currency into Euro, or to convert a sum due hereunder in Euro into Dollarsanother currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Equivalent thereof Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that the day on which final judgment is given. (b) The obligation obligations of any the Borrower in respect of this Agreement and any sum Note due from it in Euro or Dollars (the “Primary Currency”) to any Lender party hereto or any Agent hereunder holder of any bond shall, notwithstanding any judgment in any a currency (the "judgment currency") other than the currency in which the sum originally due to such party or such holder is denominated (the "original currency"), be discharged only to the extent that on the Business Day following receipt by such Lender party or such Agent holder (as the case may be), ) of any sum adjudged to be so due in the judgment currency such other currency, such Lender party or such Agent holder (as the case may be) may in accordance with normal banking procedures purchase the applicable Primary Currency original currency with such other the judgment currency; if the amount of the applicable Primary Currency original currency so purchased is less than such the sum originally due to such Lender party or such Agent holder (as the case may be) in the applicable Primary Currencyoriginal currency, the Borrowers agreeBorrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender party or such Agent holder (as the case may be) against such loss, and if the amount of the applicable Primary Currency original currency so purchased exceeds such the sum originally due to any Lender party to this Agreement or such Agent any holder of Notes (as the case may be) in the applicable Primary Currency), such Lender party or such Agent holder (as the case may be) ), agrees to remit to the applicable Borrower Borrower, such excess. This covenant shall survive the termination of this Agreement and payment of the Loans and all other amounts payable hereunder.

Judgment. (a) If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder in U.S. Dollars into Euro, or to convert a sum due hereunder in Euro into Dollarsanother currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Equivalent thereof Administrative Agent could purchase U.S. Dollars with such other currency at BTMU’s principal office in London at 11:00 A.M. (London time) on the Business Day preceding that on which final judgment is given. (a) If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder in Euro into U.S. Dollars, the parties agree to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase such Euro with U.S. Dollars at BTMU’s principal office in London at 11:00 A.M. (London time) on the Business Day preceding that on which final judgment is given. (b) The obligation of any the Borrower in respect of any sum due from it in Euro or Dollars any currency (the “Primary Currency”) to any Lender or any the Administrative Agent hereunder shall, notwithstanding any judgment in any other currency, be discharged only to the extent that on the Business Day following receipt by such Lender or such the Administrative Agent (as the case may be), of any sum adjudged to be so due in such other currency, such Lender or such the Administrative Agent (as the case may be) may in accordance with normal banking procedures purchase the applicable Primary Currency with such other currency; if the amount of the applicable Primary Currency so purchased is less than such sum due to such Lender or such the Administrative Agent (as the case may be) in the applicable Primary Currency, the Borrowers agreeBorrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or such the Administrative Agent (as the case may be) against such loss, and if the amount of the applicable Primary Currency so purchased exceeds such sum due to any Lender or such the Administrative Agent (as the case may be) in the applicable Primary Currency, such Lender or such the Administrative Agent (as the case may be) agrees to remit to the applicable Borrower such excess.

Judgment. (a) If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder in Dollars into Euro, or to convert a sum due hereunder in Euro Euros into Dollars, the parties hereto agree, agree to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Equivalent thereof Agent could purchase Euros with Dollars at Citibank's principal office in London at 11:00 A.M. (London time) on the Business Day preceding that on which final judgment is given. (b) The obligation of any the Borrower and each Loan Party in respect of any sum due from it in Euro or Dollars any currency (the “"Primary Currency”") to any Lender or any the Agent hereunder shall, notwithstanding any judgment in any other currency, be discharged only to the extent that on the Business Day following receipt by such Lender or such the Agent (as the case may be), of any sum adjudged to be so due in such other currency, such Lender or such the Agent (as the case may be) may in accordance with normal banking procedures purchase the applicable Primary Currency with such other currency; if the amount of the applicable Primary Currency so purchased is less than such sum due to such Lender or such the Agent (as the case may be) in the applicable Primary Currency, the Borrowers agreeBorrower and each other Loan Party agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or such the Agent (as the case may be) against such loss, and if the amount of the applicable Primary Currency so purchased exceeds such sum due to any Lender or such the Agent (as the case may be) in the applicable Primary Currency, such Lender or such the Agent (as the case may be) agrees to remit to the applicable Borrower or such other Loan Party such excess.

Judgment. (a) If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder in Dollars US dollars into Euro, or to convert a sum due hereunder in Euro into Dollarsanother currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Equivalent thereof Agent could purchase US dollars with such other currency at Citibank’s principal office in London at 11:00 A.M. (London time) on the Business Day preceding that on which final judgment is given. (b) The obligation of any each Borrower in respect of any sum due from it in Euro or Dollars any currency (the “Primary Currency”) to any Lender or any the Agent hereunder shall, notwithstanding any judgment in any other currency, be discharged only to the extent that on the Business Day following receipt by such Lender or such the Agent (as the case may be), of any sum adjudged to be so due in such other currency, such Lender or such the Agent (as the case may be) may in accordance with normal banking procedures purchase the applicable Primary Currency with such other currency; if the amount of the applicable Primary Currency so purchased is less than such sum due to such Lender or such the Agent (as the case may be) in the applicable Primary Currency, the Borrowers agreeeach Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or such the Agent (as the case may be) against such loss, and if the amount of the applicable Primary Currency so purchased exceeds such sum due to any Lender or such the Agent (as the case may be) in the applicable Primary Currency, such Lender or such the Agent (as the case may be) agrees to remit to the applicable such Borrower such excess.

Judgment. (a) If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder or under any Notes in Dollars into Euro, or to convert a sum due hereunder in Euro any Offshore Currency into Dollars, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Equivalent thereof Agent could purchase such other Table of Contents Offshore Currency with Dollars at the FX Trading Office on the Business Day preceding that on which final judgment is given. (b) The obligation of any Borrower the Company in respect of any sum due from it in Euro or Dollars (the “Primary Currency”) to any Lender or any the Agent hereunder or under any Note held by such Lender shall, notwithstanding any judgment in any other currencyDollars, be discharged only to the extent that on the Business Day following receipt by such Lender or such the Agent (as the case may be), ) of any sum adjudged to be so due in such other currency, Offshore Currency such Lender or such the Agent (as the case may be) may in accordance with normal banking procedures purchase the applicable Primary such other Offshore Currency with such other currencyDollars; if the amount of the applicable Primary Offshore Currency so purchased is are less than such the sum originally due to such Lender or such the Agent (as the case may be) in the applicable Primary such Offshore Currency, the Borrowers agreeCompany agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or such the Agent (as the case may be) against such loss, and if the amount of the applicable Primary Offshore Currency so purchased exceeds such exceed the sum originally due to any Lender or such the Agent (as the case may be) in the applicable Primary such Offshore Currency, such Lender or such the Agent (as the case may be) agrees to remit to the applicable Borrower Company such excess.

Judgment. (a) If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder or under the Notes in Dollars any currency (the "Original Currency") into Euro, or to convert a sum due hereunder in Euro into Dollars, another currency (the "Other Currency") the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Equivalent thereof Agent could purchase the Original Currency with the Other Currency at London, England on the first Business Day preceding that on which final judgment is given. (b) The obligation of any the Borrower in respect of any sum due in the Original Currency from it in Euro or Dollars (the “Primary Currency”) to any Lender or any the Agent hereunder or under the Note held by such Lender shall, notwithstanding any judgment in any other currencyOther Currency, be discharged only to the extent that on the Business Day following receipt by such Lender or such the Agent (as the case may be), be ) of any sum adjudged to be so due in such other currency, Other Currency such Lender or such the Agent (as the case may be) may in accordance with normal banking procedures purchase the applicable Primary Currency Dollars with such other currencyOther Currency; if the amount of the applicable Primary Original Currency so purchased is less than such the sum originally due to such Lender or such the Agent (as the case may be) in the applicable Primary Original Currency, the Borrowers agreeBorrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or such the Agent (as the case may be) against such loss, and if the amount of the applicable Primary Original Currency so purchased exceeds such the sum originally due to any Lender or such the Agent (as the case may bebe ) in the applicable Primary Original Currency, such Lender or such the Agent (as the case may be) agrees to remit to the applicable Borrower such excess.

Judgment. (a) If for the purposes purpose of obtaining judgment in any court it is necessary to convert a sum due hereunder in Dollars one currency into Euro, or to convert a sum due hereunder in Euro into Dollarsanother currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Equivalent thereof Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that the day on which final judgment is given. (ba) The obligation obligations of any the Borrower in respect of this Agreement and any sum Note due from it in Euro or Dollars (the “Primary Currency”) to any Lender party hereto or any Agent hereunder holder of any bond shall, notwithstanding any judgment in any a currency (the “judgment currency”) other than the currency in which the sum originally due to such party or such holder is denominated (the “original currency”), be discharged only to the extent that on the Business Day following receipt by such Lender party or such Agent holder (as the case may be), ) of any sum adjudged to be so due in the judgment currency such other currency, such Lender party or such Agent holder (as the case may be) may in accordance with normal banking procedures purchase the applicable Primary Currency original currency with such other the judgment currency; if the amount of the applicable Primary Currency original currency so purchased is less than such the sum originally due to such Lender party or such Agent holder (as the case may be) in the applicable Primary Currencyoriginal currency, the Borrowers agree, Borrower agrees as a separate obligation and notwithstanding any such judgment, to indemnify such Lender party or such Agent holder (as the case may be) against such loss, and if the amount of the applicable Primary Currency original currency so purchased exceeds such the sum originally due to any Lender party to this Agreement or such Agent any holder of Notes (as the case may be) in the applicable Primary Currency), such Lender party or such Agent holder (as the case may be) ), agrees to remit to the applicable Borrower Borrower, such excess. This covenant shall survive the termination of this Agreement and payment of the Loans and all other amounts payable hereunder.

Judgment. (a) If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder in Euros or Dollars into Euro, or to convert a sum due hereunder in Euro into Dollarsanother currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Equivalent thereof Agent could purchase Euros or Dollars, as the case may be, with such other currency at ABN AMRO's principal office in London at 11:00 A.M. (London time) on the Business Day preceding that on which final judgment is given. (b) The obligation of any each Borrower in respect of any sum due from it in Euro or Dollars any currency (the “"Primary Currency”") to any Lender or any the Agent hereunder shall, notwithstanding any judgment in any other currency, be discharged only to the extent that on the Business Day following receipt by such Lender or such the Agent (as the case may be), of any sum adjudged to be so due in such other currency, such Lender or such the Agent (as the case may be) may in accordance with normal banking procedures purchase the applicable Primary Currency with such other currency; if the amount of the applicable Primary Currency so purchased is less than such sum due to such Lender or such the Agent (as the case may be) in the applicable Primary Currency, the Borrowers agreesuch Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or such the Agent (as the case may be) against such loss, and if the amount of the applicable Primary Currency so purchased exceeds such sum due to any Lender or such the Agent (as the case may be) in the applicable Primary Currency, such Lender or such the Agent (as the case may be) agrees to remit to the applicable such Borrower such excess. [The remainder of this page is intentionally left blank.]

Judgment. (a) If If, for the purposes of obtaining judgment in any court court, it is necessary to convert a sum due hereunder or any other Loan Document in Dollars one currency into Euroanother currency, or to convert a sum due hereunder in Euro into Dollars, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Equivalent thereof Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. (b) . The obligation of any the Borrower in respect of any such sum due from it in Euro or Dollars (to the “Primary Currency”) to any Lender or any Administrative Agent hereunder or under any other Loan Document shall, notwithstanding any judgment in any a currency (the "JUDGMENT CURRENCY") other currencythan that in which such sum is denominated in accordance with the applicable provisions of this Agreement, including SECTION 5.10 (the "AGREEMENT CURRENCY"), be discharged only to the extent that on the Business Day following receipt by such Lender or such the Administrative Agent (as the case may be), of any sum adjudged to be so due in such other currencythe Judgment Currency, such Lender or such the Administrative Agent (as the case may be) may in accordance with normal banking procedures purchase the applicable Primary Agreement Currency with such other currency; if the Judgment Currency. If the amount of the applicable Primary Agreement Currency so purchased is less than such the sum originally due to such Lender or such the Administrative Agent (as the case may be) in the applicable Primary Agreement Currency, the Borrowers agreeBorrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent or the Person to whom such Lender or such Agent (as the case may be) obligation was owing against such loss, and if . If the amount of the applicable Primary Agreement Currency so purchased exceeds such is greater than the sum originally due to any Lender or the Administrative Agent in such currency, the Administrative Agent (as the case may be) in the applicable Primary Currency, such Lender or such Agent (as the case may be) agrees to remit return the amount of any excess to the applicable Borrower such excess(or to any other Person who may be entitled thereto under Requirements of Law).

Judgment. (a) If If, for the purposes of obtaining judgment in any court court, it is necessary to convert a sum due hereunder or any other Loan Document in Dollars one currency into Euroanother currency, or to convert a sum due hereunder in Euro into Dollars, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Equivalent thereof Administrative Agent or the applicable L/C Issuer could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. (b) . The obligation of any a Borrower in respect of any such sum due from it in Euro to the Administrative Agent or Dollars (an L/C Issuer hereunder or under the “Primary Currency”) to any Lender or any Agent hereunder other Loan Documents shall, notwithstanding any judgment in any a currency (the “Judgment Currency”) other currencythan that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by such Lender the Administrative Agent or such Agent (as the case may be), L/C Issuer of any sum adjudged to be so due in such other currencythe Judgment Currency, such Lender the Administrative Agent or such Agent (as the case may be) L/C Issuer may in accordance with normal banking procedures purchase the applicable Primary Agreement Currency with such other currency; if the Judgment Currency. If the amount of the applicable Primary Agreement Currency so purchased is less than such the sum originally due to such Lender the Administrative Agent or such Agent (as the case may be) an L/C Issuer in the applicable Primary Agreement Currency, the Borrowers agreeapplicable Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent, the applicable L/C Issuer or the Person to whom such Lender or such Agent (as the case may be) obligation was owing against such loss, and if . If the amount of the applicable Primary Currency Agreement currencyCurrency so purchased exceeds such is greater than the sum originally due to any Lender the Administrative Agent or an L/C Issuer in such currency, the Administrative Agent or such Agent (as the case may be) in the applicable Primary Currency, such Lender or such Agent (as the case may be) L/C Issuer agrees to remit return the amount of any excess to the such Borrower (or to any other Person who may be entitled thereto under applicable Borrower such excesslaw).

Judgment. (a) If for the purposes purpose of obtaining judgment in any court it is necessary to convert a sum due hereunder in Dollars one currency into Euro, or to convert a sum due hereunder in Euro into Dollarsanother currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Equivalent thereof Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that the day on which final judgment is given. (b) The obligation of any Borrower the Borrowers in respect of any sum due from it in Euro or Dollars (the “Primary Currency”) to any Lender Bank or any the Administrative Agent hereunder shall, notwithstanding any judgment in any a currency (the "Judgment Currency") other currencythan that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the "Agreement Currency"), be discharged only to the extent that on the Business Day following receipt by such Lender Bank or such the Administrative Agent (as the case may be), ) of any sum adjudged to be so due in the Judgment Currency such other currency, such Lender Bank or such the Administrative Agent (as the case may be) may in accordance with normal banking procedures purchase the applicable Primary Agreement Currency with such other currencythe Judgment Currency; if the amount of the applicable Primary Agreement Currency so purchased is less than such the sum originally due to such Lender Bank or such the Administrative Agent (as the case may be) in the applicable Primary Agreement Currency, the Borrowers agreeeach Borrower jointly and severally agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender Bank or such the Administrative Agent (as the case may be) against such loss, and if the amount of the applicable Primary Agreement Currency so purchased exceeds such the sum originally due to any Lender Bank or such the Administrative Agent (as the case may be) in the applicable Primary Currency), such Lender Bank or such the Administrative Agent (as the case may be) agrees to remit to such Borrower (as the applicable Borrower case may be) such excess.

Judgment. (a) If for the purposes purpose of obtaining judgment in any court it is necessary to convert a sum due hereunder in Dollars one currency into Euro, or to convert a sum due hereunder in Euro into Dollarsanother currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Equivalent thereof Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that the day on which final judgment is given. (b) The obligation obligations of any Borrower in respect of this Agreement and any sum Note due from it in Euro or Dollars (the “Primary Currency”) to any Lender party hereto or any Agent hereunder holder of any bond shall, notwithstanding any judgment in any a currency (the “judgment currency”) other than the currency in which the sum originally due to such party or such holder is denominated (the “original currency”), be discharged only to the extent that on the Business Day following receipt by such Lender party or such Agent holder (as the case may be), ) of any sum adjudged to be so due in the judgment currency such other currency, such Lender party or such Agent holder (as the case may be) may in accordance with normal banking procedures purchase the applicable Primary Currency original currency with such other the judgment currency; if the amount of the applicable Primary Currency original currency so purchased is less than such the sum originally due to such Lender party or such Agent holder (as the case may be) in the applicable Primary Currencyoriginal currency, the Borrowers agreesuch Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender party or such Agent holder (as the case may be) against such loss, and if the amount of the applicable Primary Currency original currency so purchased exceeds such the sum originally due to any Lender party to this Agreement or such Agent any holder of Notes (as the case may be) in the applicable Primary Currency), such Lender party or such Agent holder (as the case may be) ), agrees to remit to the applicable Borrower such Borrower, such excess. This covenant shall survive the termination of this Agreement and payment of the Loans and all other amounts payable hereunder.

Judgment. (a) If for the purposes purpose of obtaining judgment in any court it is necessary to convert a sum due hereunder in Dollars one currency into Euro, or to convert a sum due hereunder in Euro into Dollarsanother currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Equivalent thereof Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that the day on which final judgment is given. (b) The obligation obligations of any Borrower in respect of this Agreement and any sum Note due from it in Euro or Dollars (the “Primary Currency”) to any Lender party hereto or any Agent hereunder holder of any bond shall, notwithstanding any judgment in any a currency (the "judgment currency") other than the currency in which the sum originally due to such party or such holder is denominated (the "original currency"), be discharged only to the extent that on the Business Day following receipt by such Lender party or such Agent holder (as the case may be), ) of any sum adjudged to be so due in the judgment currency such other currency, such Lender party or such Agent holder (as the case may be) may in accordance with normal banking procedures purchase the applicable Primary Currency original currency with such other the judgment currency; if the amount of the applicable Primary Currency original currency so purchased is less than such the sum originally due to such Lender party or such Agent holder (as the case may be) in the applicable Primary Currencyoriginal currency, the Borrowers agreesuch Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender party or such Agent holder (as the case may be) against such loss, and if the amount of the applicable Primary Currency original currency so purchased exceeds such the sum originally due to any Lender party to this Agreement or such Agent any holder of Notes (as the case may be) in the applicable Primary Currency), such Lender party or such Agent holder (as the case may be) ), agrees to remit to the applicable Borrower such Borrower, such excess. This covenant shall survive the termination of this Agreement and payment of the Loans and all other amounts payable hereunder.

Judgment. (a) If for the purposes of obtaining judgment in any court or realizing on Collateral it is necessary or desirable to convert a sum due hereunder in Dollars into Euro, or to convert a sum due under any instrument delivered hereunder in Euro a given currency into Dollarsanother currency, the parties hereto agree, to the fullest extent that they may effectively do sopermitted by law, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Equivalent thereof Agent or the Lender, as the case may be, could purchase such currency with such other currency on the Business Day preceding that on which final judgment is given. (b) The obligation of any the Borrower and the Guarantors in respect of any sum due from it in Euro them to the Agent or Dollars (the “Primary Currency”) to any Lender hereunder or any Agent hereunder under such instrument shall, notwithstanding any judgment in any a currency other currencythan Dollars or Euros, as the case may be, be discharged only to the extent that on the Business Day following receipt by the Agent or such Lender or such Agent (as the case may be), of any sum adjudged to be so due in such other currency, such Lender currency the Agent or such Agent (Lender, as the case may be) , may in accordance with normal banking procedures purchase Dollars or Euros, as the applicable Primary Currency case may be, with such other currency; if the amount of the applicable Primary Currency so purchased is less than such sum due to such Lender Dollars or such Agent (Euros, as the case may be) , so purchased are less than the sum originally due to the Agent or such Lender, as the case may be, in Dollars, or Euros, as the applicable Primary Currencycase may be, the Borrowers Borrower and the Guarantors agree, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender the Agent or such Agent (Lender, as the case may be) , against such loss, and if the amount of the applicable Primary Currency so purchased exceeds such sum due to any Lender Dollars or such Agent (Euros, as the case may be) in , so purchased exceed the applicable Primary Currency, sum originally due to the Agent or such Lender in Dollars or such Agent (Euros, as the case may be) agrees to , the Agent or such Lender shall remit such excess to the applicable Borrower such excessand the Guarantors.

Judgment. (a) If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder or under any of the other Loan Documents in U.S. Dollars into Euro, or to convert a sum due hereunder in Euro into Dollarsanother currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Equivalent thereof Administrative Agent could purchase U.S. Dollars with such other currency at DBTCA on the Business Day preceding that on which final judgment is given. (b) The obligation of any each Co-Borrower in respect of any sum due from it in Euro or Dollars (the “Primary Currency”) to any Lender Party, the Administrative Agent, the Co-Collateral Agents or any the Security Agent hereunder or under any of the other Loan Documents held by such Lender Party shall, notwithstanding any judgment in any a currency other currencythan U.S. Dollars, be discharged only to the extent that on the Business Day following of receipt by such Lender Party, or such the Administrative Agent or Co-Collateral Agents or the Security Agent (as the case may be), ) of any sum adjudged to be so due in such other currency, currency such Lender Party, or such the Administrative Agent or the Co-Collateral Agents or the Security Agent (as the case may be) may in accordance with normal banking procedures purchase the applicable Primary Currency U.S. Dollars with such other currency; if the amount of the applicable Primary Currency U.S. Dollars so purchased is are less than the sum originally due by such sum due Co-Borrower to such Lender Party, or such the Administrative Agent Co-Collateral Agents or the Security Agent (as the case may be) in the applicable Primary CurrencyU.S. Dollars, the Borrowers agreesuch Co-Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender Party, or such the Administrative Agent or Co-Collateral Agents or the Security Agent (as the case may be) against such loss, and if the amount of the applicable Primary Currency U.S. Dollars so purchased exceeds such exceed the sum originally due by the Borrower to any Lender Party, or such the Administrative Agent or Co-Collateral Agents or the Security Agent (as the case may be) in the applicable Primary CurrencyU.S. Dollars, such Lender Party, or such the Administrative Agent or Co-Collateral Agents or the Security Agent (as the case may be) agrees to remit to the applicable such Co-Borrower such excess.

Judgment. (a) If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder in Dollars into Euro, or to convert a sum due hereunder in Euro into Dollarsanother currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be the Equivalent thereof spot rate of exchange that appears at 11:00 A.M. (London time), on the display page applicable to the relevant currency on the Oanda website on the Business Day preceding that on which final judgment is given. (b) [Reserved]. (c) The obligation of any the Borrower in respect of any sum due from it in Euro or Dollars any currency (the “Primary Currency”) to any Lender or any the Agent hereunder shall, notwithstanding any judgment in any other currency, be discharged only to the extent that on the Business Day following receipt by such Lender or such the Agent (as the case may be), of any sum adjudged to be so due in such other currency, such Lender or such the Agent (as the case may be) may in accordance with normal banking procedures purchase the applicable Primary Currency with such other currency; if the amount of the applicable Primary Currency so purchased is less than such sum due to such Lender or such the Agent (as the case may be) in the applicable Primary Currency, the Borrowers agreeBorrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or such the Agent (as the case may be) against such loss, and if the amount of the applicable Primary Currency so purchased exceeds such sum due to any Lender or such the Agent (as the case may be) in the applicable Primary Currency, such Lender or such the Agent (as the case may be) agrees to remit to the applicable Borrower such excess.

Judgment. (a) If If, for the purposes of obtaining judgment in any court court, it is necessary to convert a sum due hereunder or any other Loan Document in Dollars one currency into Euroanother currency, or to convert a sum due hereunder in Euro into Dollars, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Equivalent thereof Administrative Agent or the applicable Issuing Bank could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. (b) The obligation of any the Borrower in respect of any such sum due from it in Euro to Administrative Agent or Dollars (the “Primary Currency”) to any Lender Banks hereunder or any Agent hereunder under the other Loan Documents shall, notwithstanding any judgment in any a currency (the "Judgment Currency") other currencythan that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the "Agreement Currency"), be discharged only to the extent that on the Business Day following receipt by such Lender or such the Administrative Agent (as the case may be), of any sum adjudged to be so due in such other currencythe Judgment Currency, such Lender Administrative Agent or such Agent (as the case may be) applicable Issuing Bank may in accordance with normal banking procedures purchase the applicable Primary Agreement Currency with such other currency; if the Judgment Currency. If the amount of the applicable Primary Agreement Currency so purchased is less than such the sum originally due to such Lender Administrative Agent or such Agent (as the case may be) applicable Issuing Bank from the Borrower in the applicable Primary Foreign Currency, the Borrowers agreeBorrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify Administrative Agent or the Person to whom such Lender or such Agent (as the case may be) obligation was owing against such loss, and if . If the amount of the applicable Primary Agreement Currency so purchased exceeds such is greater than the sum originally due to any Lender Administrative Agent or such Agent (as the case may be) in the applicable Primary CurrencyIssuing Bank in such currency, such Lender Administrative Agent or such Agent (as the case may be) applicable Issuing Bank agrees to remit return the amount of any excess to the Borrower (or to any other Person who may be entitled thereto under applicable Borrower such excesslaw).

Judgment. (a) If If, for the purposes of obtaining judgment in any court court, it is necessary to convert a sum due hereunder or under any other Loan Document in Dollars one currency into Euroanother currency, or to convert a sum due hereunder in Euro into Dollars, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Equivalent thereof Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. (b) . The obligation of BHI or any Borrower Subsidiary in respect of any such sum due from it in Euro to the Administrative Agent, the Collateral Agent or Dollars (the “Primary Currency”) to any Lender hereunder or any Agent hereunder under the other Loan Documents shall, notwithstanding any judgment in any a currency (the "Judgment Currency") other currencythan that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the "Agreement Currency"), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent or such Lender or such Agent (as the case may be), of any sum adjudged to be so due in such other currencythe Judgment Currency, the Administrative Agent or such Lender or such Agent (as the case may be) may in accordance with normal banking procedures purchase the applicable Primary Agreement Currency with such other currency; if the Judgment Currency. If the amount of the applicable Primary Agreement Currency so purchased is less than such the sum originally due to the Administrative Agent or such Lender or such Agent (as the case may be) in the applicable Primary Agreement Currency, the Borrowers agreeeach Loan Party, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent or such Lender or the Person to whom such Agent (as the case may be) obligation was owing against such loss, and if . If the amount of the applicable Primary Agreement Currency so purchased exceeds such is greater than the sum originally due to any Lender the Administrative Agent or such Lender in such currency, the Administrative Agent (as the case may be) in the applicable Primary Currency, or such Lender or such Agent (as the case may be) agrees to remit return the amount of any excess to the applicable Borrower such excessLoan Party (or to any other Person who may be entitled thereto under applicable law).

Judgment. (a) If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder in Dollars into Euro, or to convert a sum due hereunder in Euro Euros into Dollars, the parties hereto agree, agree to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Equivalent thereof Agent could purchase Euros with Dollars at Citibank’s principal office in London at 11:00 A.M. (London time) on the Business Day preceding that on which final judgment is given. (b) The obligation of any the Borrower and each Loan Party in respect of any sum due from it in Euro or Dollars any currency (the “Primary Currency”) to any Lender or any the Agent hereunder shall, notwithstanding any judgment in any other currency, be discharged only to the extent that on the Business Day following receipt by such Lender or such the Agent (as the case may be), of any sum adjudged to be so due in such other currency, such Lender or such the Agent (as the case may be) may in accordance with normal banking procedures purchase the applicable Primary Currency with such other currency; if the amount of the applicable Primary Currency so purchased is less than such sum due to such Lender or such the Agent (as the case may be) in the applicable Primary Currency, the Borrowers agreeBorrower and each other Loan Party agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or such the Agent (as the case may be) against such loss, and if the amount of the applicable Primary Currency so purchased exceeds such sum due to any Lender or such the Agent (as the case may be) in the applicable Primary Currency, such Lender or such the Agent (as the case may be) agrees to remit to the applicable Borrower or such other Loan Party such excess.

Judgment. (a) If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder or under any Notes in US Dollars into Euro, or to convert a sum due hereunder in Euro into Dollarsanother currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Equivalent thereof Agent could purchase US Dollars with such other currency at Citibank's principal office in London at 11:00 A.M. (London time) on the Business Day preceding that on which final judgment is given. (b) If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder or under any Notes in a Foreign Currency into US Dollars, the parties agree to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Agent could purchase such Foreign Currency with US Dollars at Citibank's principal office in London at 11:00 A.M. (London time) on the Business Day preceding that on which final judgment is given. (c) The obligation of any Borrower in respect of any sum due from it in Euro or Dollars (the “Primary Currency”) to any Lender Party or any the Agent hereunder or under a Note held by such Lender Party shall, notwithstanding any judgment in any a currency other currencythan US Dollars, be discharged only to the extent that on the Business Day following receipt by such Lender Party or such the Agent (as the case may be), ) of any sum adjudged to be so due in such other currency, such Lender Party or such the Agent (as the case may be) may in accordance with normal banking procedures purchase the applicable Primary Currency US Dollars with such other currency; if the amount of the applicable Primary Currency US Dollars so purchased is are less than such sum due to such Lender Party or such the Agent (as the case may be) in the applicable Primary CurrencyUS Dollars, the Borrowers agreesuch Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender Party or such the Agent (as the case may be) against such loss, and if the amount of the applicable Primary Currency US Dollars so purchased exceeds exceed such sum due to any Lender Party or such the Agent (as the case may be) in the applicable Primary CurrencyUS Dollars, such Lender Party or such the Agent (as the case may be) agrees to remit to the applicable such Borrower such excess.

Judgment. (a) If If, for the purposes of obtaining judgment in any court court, it is necessary to convert a sum due hereunder or any other Loan Document in Dollars one currency into Euroanother currency, or to convert a sum due hereunder in Euro into Dollars, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Equivalent thereof Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. (b) . The obligation of any each Borrower in respect of any such sum due from it in Euro to the Agent or Dollars (the “Primary Currency”) to any Lender hereunder or any Agent hereunder under the other Loan Documents shall, notwithstanding any judgment in any a currency (the “Judgment Currency”) other currencythan that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by such Lender the Agent or such Agent (Lender, as the case may be), of any sum adjudged to be so due in such other currencythe Judgment Currency, such Lender the Agent or such Agent (Lender, as the case may be) , may in accordance with normal banking procedures purchase the applicable Primary Agreement Currency with such other currency; if the Judgment Currency. If the amount of the applicable Primary Agreement Currency so purchased is less than such the sum originally 170 due to such the Agent or any Lender or such Agent (as the case may be) from any Borrower in the applicable Primary Agreement Currency, the Borrowers agreesuch Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender the Agent or such Agent (Lender, as the case may be) , against such loss, and if . If the amount of the applicable Primary Agreement Currency so purchased exceeds such is greater than the sum originally due to the Agent or any Lender in such currency, the Agent or such Agent (Lender, as the case may be) in the applicable Primary Currency, such Lender or such Agent (as the case may be) agrees to remit return the amount of any excess to the such Borrower (or to any other Person who may be entitled thereto under applicable Borrower such excesslaw).

Judgment. (a) If for the purposes purpose of obtaining judgment in any court it is necessary to convert a sum due hereunder in Dollars one currency into Euro, or to convert a sum due hereunder in Euro into Dollarsanother currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Equivalent thereof Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that the day on which final judgment is given. (b) The obligation obligations of any each Borrower in respect of this Agreement and any sum Note due from it in Euro or Dollars (the “Primary Currency”) to any Lender party hereto or any Agent hereunder holder of any bond shall, notwithstanding any judgment in any a currency (the “judgment currency”) other than the currency in which the sum originally due to such party or such holder is denominated (the “original currency”), be discharged only to the extent that on the Business Day following receipt by such Lender party or such Agent holder (as the case may be), ) of any sum adjudged to be so due in the judgment currency such other currency, such Lender party or such Agent holder (as the case may be) may in accordance with normal banking procedures purchase the applicable Primary Currency original currency with such other the judgment currency; if the amount of the applicable Primary Currency original currency so purchased is less than such the sum originally due to such Lender party or such Agent holder (as the case may be) in the applicable Primary Currencyoriginal currency, the Borrowers agree, such Borrower agrees as a separate obligation and notwithstanding any such judgment, to indemnify such Lender party or such Agent holder (as the case may be) against such loss, and if the amount of the applicable Primary Currency original currency so purchased exceeds such the sum originally due to any Lender party to this Agreement or such Agent any holder of Notes (as the case may be) in the applicable Primary Currency), such Lender party or such Agent holder (as the case may be) ), agrees to remit to the applicable Borrower such Borrower, such excess. This covenant shall survive the termination of this Agreement and payment of the Loans and all other amounts payable hereunder.

Judgment. (a) If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder in Euros or Dollars into Euro, or to convert a sum due hereunder in Euro into Dollarsanother currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Equivalent thereof Administrative Agent could purchase Euros or Dollars, as the case may be, with such other currency at Citibank’s principal office in London at 11:00 A.M. (London time) on the second Business Day preceding that on which final judgment is given. (b) The obligation of any the Borrower in respect of any sum due from it in Euro or Dollars any currency (the “Primary Currency”) to any Lender or any the Administrative Agent hereunder shall, notwithstanding any judgment in any other currency, be discharged only to the extent that on the Business Day following receipt by such Lender or such the Administrative Agent (as the case may be), of any sum adjudged to be so due in such other currency, such Lender or such the Administrative Agent (as the case may be) may in accordance with normal banking procedures purchase the applicable Primary Currency with such other currency; if the amount of the applicable Primary Currency so purchased is less than such sum due to such Lender or such the Administrative Agent (as the case may be) in the applicable Primary Currency, the Borrowers agreeBorrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or such the Administrative Agent (as the case may be) against such loss, and if the amount of the applicable Primary Currency so purchased exceeds such sum due to any Lender or such the Administrative Agent (as the case may be) in the applicable Primary Currency, such Lender or such the Administrative Agent (as the case may be) agrees to remit to the applicable Borrower such excess.

Judgment. (a) If If, for the purposes of obtaining judgment in any court court, it is necessary to convert a sum due hereunder or any other Loan Document in Dollars one currency into Euroanother currency, or to convert a sum due hereunder in Euro into Dollars, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Equivalent thereof Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. (b) . The obligation of any a Borrower in respect of any such sum due from it in Euro or Dollars (to the “Primary Currency”) to any Lender or any Administrative Agent hereunder or under the other Loan Documents shall, notwithstanding any judgment in any a currency (the "Judgment Currency") other currencythan that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the "Agreement Currency"), be discharged only to the extent that on the Business Day following receipt by such Lender or such the Administrative Agent (as the case may be), of any sum adjudged to be so due in such other currencythe Judgment Currency, such Lender or such the Administrative Agent (as the case may be) may in accordance with normal banking procedures purchase the applicable Primary Agreement Currency with such other currency; if the Judgment Currency. If the amount of the applicable Primary Agreement Currency so purchased is less than such the sum originally due to such Lender or such the Administrative Agent (as the case may be) in the applicable Primary Agreement Currency, the Borrowers agree, as a separate obligation and notwithstanding any such judgment, jointly and severally, to indemnify the Administrative Agent or the Person to whom such Lender or such Agent (as the case may be) obligation was owing against such loss, and if . If the amount of the applicable Primary Currency Agreement currency so purchased exceeds such is greater than the sum originally due to any Lender or the Administrative Agent in such currency, the Administrative Agent (as the case may be) in the applicable Primary Currency, such Lender or such Agent (as the case may be) agrees to remit return the amount of any excess to the Applicable Borrower (or to any other Person who may be entitled thereto under applicable Borrower such excesslaw).

Judgment. (a) If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder in US Dollars or Canadian Dollars into Euro, or to convert a sum due hereunder in Euro into Dollarsanother currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Equivalent thereof Agent could purchase US Dollars or Canadian Dollars with such other currency at Citibank’s principal office in London at 11:00 A.M. (London time) on the Business Day preceding that on which final judgment is given. (b) The obligation of any each Borrower in respect of any sum due from it in Euro or Dollars any currency (the “Primary Currency”) to any Lender or any the Agent hereunder shall, notwithstanding any judgment in any other currency, be discharged only to the extent that on the Business Day following receipt by such Lender or such the Agent (as the case may be), of any sum adjudged to be so due in such other currency, such Lender or such the Agent (as the case may be) may in accordance with normal banking procedures purchase the applicable Primary Currency with such other currency; if the amount of the applicable Primary Currency so purchased is less than such sum due to such Lender or such the Agent (as the case may be) in the applicable Primary Currency, the Borrowers agreesuch Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or such the Agent (as the case may be) against such loss, and if the amount of the applicable Primary Currency so purchased exceeds such sum due to any Lender or such the Agent (as the case may be) in the applicable Primary Currency, such Lender or such the Agent (as the case may be) agrees to remit to the applicable such Borrower such excess.

Judgment. (a) If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder or under the Notes in Dollars any currency (the “Original Currency”) into Euro, or to convert a sum due hereunder in Euro into Dollars, another currency (the “Other Currency”) the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Equivalent thereof Agent could purchase the Original Currency with the Other Currency at London, England on the third Business Day preceding that on which final judgment is given. (b) The obligation of any the applicable Borrower in respect of any sum due in the Original Currency from it in Euro or Dollars (the “Primary Currency”) to any Lender Bank or the Agent, or any Agent hereunder Issuing Bank hereunder, under the Notes held by such Bank, or under any Letter of Credit Reimbursement Agreement shall, notwithstanding any judgment in any other currencyOther Currency, be discharged only to the extent that on the Business Day following receipt by such Lender Bank, the Agent or such Agent Issuing Bank (as the case may be), ) of any sum adjudged to be so due in such other currencyOther Currency such Bank, such Lender the Agent or such Agent Issuing Bank (as the case may be) may in accordance with normal banking procedures purchase the applicable Primary Original Currency with such other currencyOther Currency; if the amount of the applicable Primary Original Currency so purchased is less than such the sum originally due to such Lender Bank or the Agent or such Agent Issuing Bank (as the case may be) in the applicable Primary Original Currency, the Borrowers agreesuch Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender Bank, the Agent or such Agent Issuing Bank (as the case may be) against such loss, and if the amount of the applicable Primary Original Currency so purchased exceeds such the sum originally due to any Lender Bank, the Agent or such Agent Issuing Bank (as the case may be) in the applicable Primary Original Currency, such Lender Bank or the Agent or such Agent Issuing Bank (as the case may be) agrees to remit to the applicable such Borrower such excess.

Judgment. (a) If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder in Dollars U.S. dollars into Euro, or to convert a sum due hereunder in Euro into Dollarsanother currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Equivalent thereof Administrative Agent could purchase U.S. dollars with such other currency at Citibank’s principal office in London at 11:00 A.M. (London time) on the Business Day preceding that on which final judgment is given. (b) The obligation of any the Borrower in respect of any sum due from it in Euro or Dollars any currency (the “Primary Currency”) to any Lender or any the Administrative Agent hereunder shall, notwithstanding any judgment in any other currency, be discharged only to the extent that on the Business Day following receipt by such Lender or such the Administrative Agent (as the case may be), ) of any sum adjudged to be so due in such other currency, such Lender or such the Administrative Agent (as the case may be) may in accordance with normal banking procedures purchase the NYDOCS01/1619389.2 applicable Primary Currency with such other currency; if the amount of the applicable Primary Currency so purchased is less than such sum due to such Lender or such the Administrative Agent (as the case may be) in the applicable Primary Currency, the Borrowers agreeBorrower and each Borrowing Subsidiary agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or such the Administrative Agent (as the case may be) against such loss, and if the amount of the applicable Primary Currency so purchased exceeds such sum due to any Lender or such the Administrative Agent (as the case may be) in the applicable Primary Currency, such Lender or such the Administrative Agent (as the case may be) agrees to remit to the applicable such Borrower such excess.. NYDOCS01/1619389.2

Judgment. (a) If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder in Dollars on currency (the “Primary Currency”) into Euro, or to convert a sum due hereunder in Euro into Dollarsanother currency (the “Secondary Currency”), the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Equivalent thereof Administrative Agent could purchase the Primary Currency with such Secondary Currency at BNPP’s principal office in London at 11:00 A.M. (London time) on the second Business Day preceding that on which final judgment is given. (b) The obligation of any Borrower Loan Party in respect of any sum due from it in Euro or Dollars (the “any Primary Currency”) Currency to any Lender or any the Administrative Agent hereunder shall, notwithstanding any judgment in any other currency, be discharged only to the extent that on the Business Day following receipt by such Lender or such the Administrative Agent (as the case may be), of any sum adjudged to be so due in such other currencythe Secondary Currency, such Lender or such the Administrative Agent (as the case may be) may in accordance with normal banking procedures purchase the applicable Primary Currency with such other currencythe Secondary Currency; if the amount of the applicable Primary Currency so purchased is less than such sum due to such Lender or such the Administrative Agent (as the case may be) in the applicable Primary Currency, the Borrowers agreeeach Loan Party agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or such the Administrative Agent (as the case may be) against such loss, and if the amount of the applicable Primary Currency so purchased exceeds such sum due to any Lender or such the Administrative Agent (as the case may be) in the applicable Primary Currency, such Lender or such the Administrative Agent (as the case may be) agrees to remit to the applicable Borrower Loan Party such excess.

Judgment. (a) If If, for the purposes of obtaining judgment in any court court, -------- it is necessary to convert a sum due hereunder or any other Loan Document in Dollars one currency into Euroanother currency, or to convert a sum due hereunder in Euro into Dollars, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Equivalent thereof Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. (b) . The obligation of any Borrower the Borrowers in respect of any such sum due from it in Euro or Dollars (to the “Primary Currency”) to any Lender or any Administrative Agent hereunder or under the other Loan Documents shall, notwithstanding any judgment in any a currency (the "Judgment Currency") other currencythan that in which such sum is ----------------- denominated in accordance with the applicable provisions of this Agreement (the "Agreement Currency"), be discharged only to the extent that on the Business Day ------------------ following receipt by such Lender or such the Administrative Agent (as the case may be), of any sum adjudged to be so due in such other currencythe Judgment Currency, such Lender or such the Administrative Agent (as the case may be) may in accordance with normal banking procedures purchase the applicable Primary Agreement Currency with such other currency; if the Judgment Currency. If the amount of the applicable Primary Agreement Currency so purchased is less than such the sum originally due to such Lender or such the Administrative Agent (as the case may be) in the applicable Primary Agreement Currency, the Borrowers agree, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent or the Person to whom such Lender or such Agent (as the case may be) obligation was owing against such loss, and if . If the amount of the applicable Primary Agreement Currency so purchased exceeds such is greater than the sum originally due to any Lender or the Administrative Agent in such currency, the Administrative Agent (as the case may be) in the applicable Primary Currency, such Lender or such Agent (as the case may be) agrees to remit return the amount of any excess to the Borrowers (or to any other Person who may be entitled thereto under applicable Borrower such excesslaw).

Judgment. All terms of this Agreement shall apply to any Euro Lending Office and the obligations of the Borrowers hereunder in respect of Euro Rate Advances shall be deemed held by each Lender for the benefit of any such Euro Lending Office. (a) If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder or under any promissory note of any Borrower issued pursuant to this Agreement in Dollars any currency (the "Original Currency") into Euro, or to convert a sum due hereunder in Euro into Dollars, another currency (the "Other Currency") the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which, in accordance with normal banking procedures, the Equivalent thereof Agent could purchase the Original Currency with the Other Currency at London, England on the second Business Day preceding that on which final judgment is given. (b) The obligation of any a Borrower in respect of any sum due in the Original Currency from it in Euro or Dollars (the “Primary Currency”) to any Lender or any the Agent hereunder shall, notwithstanding any judgment in any other currencyOther Currency, be discharged only to the extent that on the Business Day following receipt by such Lender or such the Agent (as the case may be), ) of any sum adjudged to be so due in such other currency, Other Currency such Lender or such the Agent (as the case may be) may may, in accordance with normal banking procedures procedures, purchase the applicable Primary Original Currency with such other currencyOther Currency; if the amount of the applicable Primary Original Currency so purchased is less than such the sum originally due to such Lender or such the Agent (as the case may be) in the applicable Primary Original Currency, the Borrowers agreesuch Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or such the Agent (as the case may be) against such loss, and if the amount of the applicable Primary Original Currency so purchased exceeds such the sum originally due to any Lender or such the Agent (as the case may be) in the applicable Primary Original Currency, such Lender or such the Agent (as the case may be) agrees to remit to the applicable such Borrower such excess.

Judgment. (a) If To the extent permitted by applicable -------- law, if for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder in U.S. Dollars into Euro, or to convert a sum due hereunder in Euro into Dollarsanother currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Equivalent thereof Agent could purchase U.S. Dollars with such other currency at BNP's principal office in New York City at 11:00 A.M. (New York City) time on the Business Day preceding that on which final judgment is given. (b) The To the extent permitted by applicable law, if for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder in a foreign currency into U.S. Dollars, the parties agree to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Agent 134 could purchase such foreign currency with U.S. Dollars at BNP's principal office in BNP at 11:00 A.M. (New York City) time on the Business Day preceding that on which final judgment is given. (c) To the extent permitted by applicable law, the obligation of any the Borrower or the Canadian Borrower in respect of any sum due in U.S. Dollars from it in Euro or Dollars (the “Primary Currency”) to any Lender Party or any the Agent hereunder shall, notwithstanding any judgment in any a currency other currencythan U.S. Dollars, be discharged only to the extent that on the Business Day following receipt by such Lender Party or such the Agent (as the case may be), ) of any sum adjudged to be so due in such other currency, such Lender Party or such the Agent (as the case may be) may in accordance with normal banking procedures purchase the applicable Primary Currency U.S. Dollars with such other currency; if the amount of the applicable Primary Currency U.S. Dollars so purchased is are less than such sum due to such Lender Party or such the Agent (as the case may be) in U.S. Dollars, such Borrower or such Canadian Borrower, as the case may be, agrees, to the extent permitted by applicable Primary Currency, the Borrowers agreelaw, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender Party or such the Agent (as the case may be) against such loss, and if the amount of the applicable Primary Currency U.S. Dollars so purchased exceeds exceed such sum due to any Lender Party or such the Agent (as the case may be) in the applicable Primary CurrencyU.S. Dollars, such Lender Party or such the Agent (as the case may be) agrees to remit to such Borrower or such Canadian Borrower, as the applicable Borrower case may be, such excess.

Judgment. (a) If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder in Dollars into Euro, or to convert a sum due hereunder in Euro into Dollars, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be the Equivalent thereof on the Business Day preceding that on which final judgment is given. (b) . The obligation of any Borrower in respect of any sum due from it in Euro or Dollars (the “Primary Currency”) to any Lender or any the Administrative Agent hereunder shall, notwithstanding any judgment in any other currency, be discharged only to the extent that on the Business Day following receipt by such Lender or such the Administrative Agent (as the case may be), of any sum adjudged to be so due in such other currency, such Lender or such the Administrative Agent (as the case may be) may in accordance with normal banking procedures purchase the applicable Primary Currency with such other currency; if the amount of the applicable Primary Currency so purchased is less than such sum due to such Lender or such the Administrative Agent (as the case may be) in the applicable Primary Currency, the Borrowers agree, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or such the Administrative Agent (as the case may be) against such loss, and if the amount of the applicable Primary Currency so purchased exceeds such sum due to any Lender or such the Administrative Agent (as the case may be) in the applicable Primary Currency, such Lender or such the Administrative Agent (as the case may be) agrees to remit to the applicable Borrower such excess.

Judgment. (a) If for the purposes purpose of obtaining judgment in any court it is necessary to convert a sum due hereunder in Dollars one currency into Euro, or to convert a sum due hereunder in Euro into Dollarsanother currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Equivalent thereof Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that the day on which final judgment is given. (b) The obligation of any Borrower in respect of any sum due from it in Euro or Dollars (the “Primary Currency”) to any Lender Bank or any the Administrative Agent hereunder shall, notwithstanding any judgment in any a currency (the "Judgment Currency") other currencythan that in which such sum is denominated in accordance with the applicable provisions of this Agreement or the other Credit Documents (the "Agreement Currency"), be discharged only to the extent that on the Business Day following receipt by such Lender Bank or such the Administrative Agent (as the case may be), ) of any sum adjudged to be so due in the Judgment Currency such other currency, such Lender Bank or such the Administrative Agent (as the case may be) may in accordance with normal banking procedures purchase the applicable Primary Agreement Currency with such other currencythe Judgment Currency; if the amount of the applicable Primary Agreement Currency so purchased is less than such the sum originally due to such Lender Bank or such the Administrative Agent (as the case may be) in the applicable Primary Agreement Currency, the Borrowers agreesuch Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender Bank or such the Administrative Agent (as the case may be) against such loss, and if the amount of the applicable Primary Agreement Currency so purchased exceeds such the sum originally due to any Lender Bank or such the Administrative Agent (as the case may be) in the applicable Primary Currency), such Lender Bank or such the Administrative Agent (as the case may be) agrees to remit to the applicable such Borrower such excess.