Common use of Exchange Rates; Currency Equivalents Clause in Contracts

Exchange Rates; Currency Equivalents. (a) The Administrative Agent or the applicable Issuing Bank, as applicable, shall determine the Spot Rates as of each Revaluation Date to be used for calculating Dollar Equivalent amounts of Revolving Exposure and Outstanding Amounts denominated in Alternative Currencies. Such Spot Rates shall become effective as of such Revaluation Date and shall be the Spot Rates employed in converting any amounts between the applicable currencies until the next Revaluation Date to occur. Except for purposes of financial statements delivered by the Borrower hereunder or calculating financial ratios hereunder or except as otherwise provided herein, the applicable amount of any currency (other than Dollars) for purposes of the Loan Documents shall be such Dollar Equivalent amount as so determined by the Administrative Agent or such Issuing Bank, as applicable; provided that for purposes of determining compliance with any Dollar-denominated restriction on (x) the incurrence of Indebtedness, the Dollar-equivalent principal amount of Indebtedness denominated in a currency other than Dollars shall be calculated based on the relevant currency exchange rate in effect on the date such Indebtedness is incurred, in the case of term debt, or first committed, in the case of revolving credit date; provided that, if indebtedness is incurred to extend, replace, refund, refinance, renew or defease other Indebtedness denominated in a currency other than Dollars, and such extension, replacement, refunding, refinancing, renewal or defeasance would cause the applicable Dollar-denominated restriction to be exceeded if calculated at the relevant currency exchange rate in effect on the date of such extension, replacement, refunding, refinancing, renewal or defeasance, such Dollar-denominated restriction shall be deemed not to have been exceeded so long as the principal amount of such refinancing Indebtedness does not exceed the principal amount of such Indebtedness being extended, replaced, refunded, refinanced, renewed or defeased; and (y) the making of any investment, the Dollar-equivalent amount of any investment denominated in a currency other than Dollars shall be calculated based on the relevant currency exchange rate in effect on the date such investment was made.

Exchange Rates; Currency Equivalents. (a) The Administrative Agent or the applicable Issuing BankL/C Issuer, as applicable, shall determine the Spot Rates as of each Revaluation Date to be used for calculating Dollar Equivalent amounts of Revolving Exposure Credit Extensions and Outstanding Amounts denominated in Alternative Currencies. Such Spot Rates shall become effective as of such Revaluation Date and shall be the Spot Rates employed in converting any amounts between the applicable currencies until the next Revaluation Date to occur. Except for purposes of financial statements delivered by the Borrower Loan Parties hereunder or calculating financial ratios covenants, default thresholds or financial ratio tests hereunder or except as otherwise provided herein, the applicable amount of any currency (other than Dollars) for purposes of the Loan Documents shall be such Dollar Equivalent amount as so determined by the Administrative Agent or such Issuing Bankthe applicable L/C Issuer, as applicable; provided that for purposes . If any basket in Article VIII is exceeded solely as a result of determining compliance with any Dollar-denominated restriction on (x) the incurrence of Indebtedness, the Dollar-equivalent principal amount of Indebtedness denominated in a currency other than Dollars shall be calculated based on the relevant currency exchange rate in effect on the date such Indebtedness is incurred, fluctuations in the case applicable Dollar Equivalent amount after the last time such basket was utilized, such basket will not be deemed to have been exceeded solely as a result of term debt, or first committed, such fluctuations in the case of revolving credit date; provided thatapplicable Dollar Equivalent amount. In addition, if indebtedness any Indebtedness is incurred to extend, replace, refund, refinance, renew or defease refinance other Indebtedness denominated in a currency other than Dollars, and such extension, replacement, refunding, refinancing, renewal or defeasance refinancing would cause the applicable Dollardollar-denominated restriction in Article VIII to be exceeded if calculated at the relevant currency exchange rate in effect applicable Dollar Equivalent amount on the date of such extension, replacement, refunding, refinancing, renewal or defeasance, such Dollardollar-denominated restriction restrictions shall be deemed not to have been exceeded so long as the principal amount of such refinancing Indebtedness does not exceed the sum of (i) the outstanding or committed principal amount amount, as applicable of such Indebtedness being extended, replaced, refunded, refinanced, renewed or defeased; and refinanced plus (yii) the making of any investment, the Dollar-equivalent aggregate amount of any investment denominated fees, underwriting discounts, premiums and other costs and expenses incurred in a currency other than Dollars shall be calculated based on the relevant currency exchange rate in effect on the date connection with such investment was maderefinancing.

Exchange Rates; Currency Equivalents. (a) The Administrative Agent or the applicable Issuing Bank, as applicable, shall determine the Spot Rates as of each Revaluation Date to be used for calculating Dollar Equivalent amounts of Credit Events and Revolving Credit Exposure and Outstanding Amounts (or components thereof) denominated in Alternative Currencies. Such Spot Rates shall become effective as of such Revaluation Date and shall be the Spot Rates employed in converting any amounts between the applicable currencies until the next Revaluation Date to occur. Except for purposes of financial statements delivered by the Borrower Loan Parties hereunder or calculating financial ratios covenants hereunder or except as otherwise provided herein, the applicable amount of any currency (other than Dollarsdollars) for purposes of the Loan Documents shall be such Dollar Equivalent amount as so determined by the Administrative Agent or such the applicable Issuing Bank, as applicable; provided that , in accordance with the first sentence of this clause (a). The Lead Borrower and the Lenders will be promptly informed of the results of such calculations. Notwithstanding the foregoing, for purposes of determining this Agreement and the other Loan Documents, where the permissibility of a transaction or determinations of required actions or circumstances (excluding for the avoidance of doubt in connection with Credit Events or Revolving Credit Exposure or components thereof or the matters referred to in paragraph (b) below) depend upon compliance with any Dollar-denominated restriction on (x) the incurrence of Indebtednesswith, the Dollar-equivalent principal amount of Indebtedness denominated or are determined by reference to, amounts stated in a currency other than Dollars dollars, such amounts shall be calculated deemed to refer to dollars or Dollar Equivalents and any requisite currency translation shall be based on the relevant currency exchange rate Spot Rate in effect on the Business Day immediately preceding the date of such Indebtedness is incurred, transaction or determination and the permissibility of actions taken under Article VI shall not be affected by subsequent fluctuations in the case of term debt, or first committed, in the case of revolving credit dateexchange rates; provided that, that if indebtedness Indebtedness is incurred to extend, replace, refund, refinance, renew or defease refinance other Indebtedness denominated in a currency other than DollarsIndebtedness, and such extension, replacement, refunding, refinancing, renewal or defeasance refinancing would cause the applicable Dollar-dollar denominated restriction limitation to be exceeded if calculated at the relevant currency exchange rate Spot Rate in effect on the Business Day immediately preceding the date of such extension, replacement, refunding, refinancing, renewal or defeasance, such Dollar-dollar denominated restriction shall be deemed not to have been exceeded so long as the principal amount of such refinancing Indebtedness does not exceed the principal amount of such Indebtedness being extended, replaced, refunded, refinanced, renewed or defeased; and (y) the making of any investment, the Dollar-equivalent amount of any investment denominated in a currency other than Dollars shall be calculated based on the relevant currency exchange rate in effect on the date such investment was maderefinanced except as permitted hereunder.

Exchange Rates; Currency Equivalents. (ai) The Administrative Agent or Notwithstanding anything to the applicable Issuing Bankcontrary contained herein, as applicable, shall determine the Spot Rates as of each Revaluation Date to be used for calculating Dollar Equivalent amounts of Revolving Exposure and Outstanding Amounts denominated in Alternative Currencies. Such Spot Rates shall become effective as of such Revaluation Date and shall be the Spot Rates employed in converting any amounts between the applicable currencies until the next Revaluation Date to occur. Except for purposes of any determination under Article 6 and Article 7 and the calculation of compliance with any financial statements delivered by the Borrower ratio for purposes of taking any action hereunder or calculating financial ratios hereunder other transaction, event or except as otherwise provided hereincircumstance, or any other determination under any other provision of this Agreement not covered elsewhere in this Section 1.07 (any of the applicable amount of any foregoing, a “specified transaction”), in a currency (other than Dollars) for purposes of the Loan Documents shall be such Dollar Equivalent amount as so determined by the Administrative Agent or such Issuing Bank, as applicable; provided that for purposes of determining compliance with any Dollar-denominated restriction on (xi) the incurrence equivalent amount in Dollars of Indebtedness, the Dollar-equivalent principal amount of Indebtedness denominated a specified transaction in a currency other than Dollars shall be calculated based on the relevant currency rate of exchange rate quoted by a publicly available service for displaying exchange rates customarily referenced by the Administrative Agent for such foreign currency, as in effect at 11:00 a.m. (New York time) on the date of such Indebtedness is incurredspecified transaction (which, (x) in the case of term debtany Restricted Payment, or first committedshall be deemed to be the date of the declaration thereof and, (y) in the case of revolving credit datethe incurrence of Indebtedness or creation of Permitted Securitization Financings, shall be deemed to be on the date first committed); provided thatprovided, that if any Indebtedness is incurred (and, if indebtedness is incurred applicable, associated Lien granted) to extend, replace, refund, refinance, renew refinance or defease replace other Indebtedness denominated in a currency other than Dollars, and such extension, replacement, refunding, refinancing, renewal the relevant refinancing or defeasance replacement would cause the applicable Dollar-denominated restriction to be exceeded if calculated at the relevant currency exchange rate in effect on the date of such extension, refinancing or replacement, refunding, refinancing, renewal or defeasance, such Dollar-denominated restriction shall be deemed not to have been exceeded so long as the principal amount of such refinancing or replacement Indebtedness (and, if applicable, associated Lien granted) does not exceed an amount sufficient to repay the principal amount of such Indebtedness being extended, refinanced or replaced, refundedexcept by an amount equal to (x) unpaid accrued interest and premiums (including tender premiums) thereon plus other reasonable and customary fees and expenses (including upfront fees and original issue discount) incurred in connection with such refinancing or replacement, refinanced, renewed or defeased; and (y) any existing commitments unutilized thereunder and (z) additional amounts permitted to be incurred under Section 7.02 and (ii) for the making avoidance of doubt, no Default or Event of Default shall be deemed to have occurred solely as a result of a change in the rate of currency exchange occurring after the time of any investmentspecified transaction so long as such specified transaction was permitted at the time incurred, the Dollar-equivalent amount made, acquired, committed, entered or declared as set forth in clause (i) of any investment denominated in a currency other than Dollars shall be calculated based on the relevant currency exchange rate in effect on the date such investment was madethis Section.

Exchange Rates; Currency Equivalents. (a) The Administrative Agent or the applicable Issuing Bank, as applicable, shall determine the Spot Rates as of each Revaluation Date to be used for calculating Dollar Equivalent amounts of Revolving Exposure and Outstanding Amounts Swedish Term Loans denominated in Alternative CurrenciesSwedish Kronor. Such Spot Rates shall become effective as of such Revaluation Date and shall be the Spot Rates employed in converting any amounts between the applicable currencies Dollars and Swedish Kronor until the next Revaluation Date to occur. Except for purposes of financial statements delivered by the Borrower hereunder or calculating financial ratios hereunder or except as otherwise provided herein, the applicable amount of any currency (other than Dollars) Swedish Kronor for purposes of the Loan Documents shall be such Dollar Equivalent amount as so determined by the Administrative Agent or such Issuing Bank, as applicableAgent; provided that that, for purposes of determining compliance with any Dollar-denominated restriction on (x) the incurrence of Indebtedness, the Dollar-equivalent principal amount of Indebtedness denominated in a currency other than Dollars shall be calculated based on the relevant currency exchange rate in effect on the date such Indebtedness is incurred, in the case of term debt, or first committed, in the case of revolving credit date; provided that, if indebtedness is incurred to extend, replace, refund, refinance, renew or defease other Indebtedness denominated in a currency other than Dollars, and such extension, replacement, refunding, refinancing, renewal or defeasance would cause the applicable Dollar-denominated restriction to be exceeded if calculated at the relevant currency exchange rate in effect on the date of such extension, replacement, refunding, refinancing, renewal or defeasance, such Dollar-denominated restriction shall be deemed not to have been exceeded so long as the principal amount of such refinancing Indebtedness does not exceed the principal amount of such Indebtedness being extended, replaced, refunded, refinanced, renewed or defeased; and (y) the making of any investment, the Dollar-equivalent amount of any investment denominated in a currency other than Dollars shall be calculated based on the relevant currency exchange rate in effect on the date such investment was made.

Exchange Rates; Currency Equivalents. (a) The Administrative Agent or the applicable Issuing BankFor purposes of any determination under Article V, as applicable, shall determine the Spot Rates as of each Revaluation Date to be used for calculating Dollar Equivalent amounts of Revolving Exposure and Outstanding Amounts denominated in Alternative Currencies. Such Spot Rates shall become effective as of such Revaluation Date and shall be the Spot Rates employed in converting any amounts between the applicable currencies until the next Revaluation Date to occur. Except Article VI (other than for purposes of financial statements delivered by calculating the Borrower hereunder Total Leverage Ratio) or calculating financial ratios hereunder Article VII or except as otherwise provided herein, any determination under any other provision of this Agreement requiring the applicable amount use of any currency a current exchange rate (other than Dollarsthose described in clauses (b) and (c) below), all amounts incurred or proposed to be incurred in currencies other than dollars shall be translated into dollars at the exchange rate then in effect on the date of such determination; provided, however, that (x) for purposes of determining compliance with Article VI with respect to the Loan Documents amount of any Indebtedness, Investment, Disposition or Restricted Payment in a currency other than dollars, no Default or Event of Default shall be deemed to have occurred solely as a result of changes in rates of exchange occurring after the time such Dollar Equivalent amount as so determined by the Administrative Agent Indebtedness or such Issuing BankInvestment is incurred or Disposition or Restricted Payment is made, as applicable; provided that (y) for purposes of determining compliance with any Dollar-denominated restriction on (x) the incurrence of Indebtedness, the Dollar-equivalent principal amount of Indebtedness denominated in a currency other than Dollars shall be calculated based on the relevant currency exchange rate in effect on the date if such Indebtedness is incurred, in the case of term debt, or first committed, in the case of revolving credit date; provided that, if indebtedness is incurred under a particular basket to extend, replace, refund, refinance, renew or defease Refinance other Indebtedness denominated in a foreign currency other than Dollarsthat was originally incurred under the same basket, and such extension, replacement, refunding, refinancing, renewal or defeasance Refinancing would cause the applicable Dollar-denominated restriction to be exceeded if calculated at the relevant currency exchange rate in effect on the date of such extension, replacement, refunding, refinancing, renewal or defeasanceRefinancing, such Dollar-denominated restriction shall be deemed not to have been exceeded so long as the principal amount of the Indebtedness that is incurred to Refinance such refinancing Indebtedness does not exceed the principal amount (or accreted amount) of such Indebtedness being extendedRefinanced, replacedexcept by an amount equal to the accrued interest, refundeddividends and premium (including tender premiums), refinancedif any, renewed or defeased; thereon plus defeasance costs, underwriting discounts and other amounts paid and fees and expenses (including OID, closing payments, upfront fees and similar fees) incurred in connection with such Refinancing plus an amount equal to any existing commitment unutilized and letters of credit undrawn thereunder and (yz) for the making avoidance of any investmentdoubt, the Dollar-equivalent amount foregoing provisions of this Section 1.07 shall otherwise apply to such Sections, including with respect to determining whether any investment denominated Indebtedness or Investment may be incurred or Disposition or Restricted Payment may be made at any time under such Sections. For purposes of calculating the Total Leverage Ratio, amounts in a currency currencies other than Dollars dollars shall be calculated based on translated into dollars at the relevant currency applicable exchange rate rates used in effect on preparing the date such investment was mademost recently delivered financial statements pursuant to Section 5.01(a) or Section 5.01(b) (or, prior to the Effective Date, the Latest Financial Statements).

Exchange Rates; Currency Equivalents. (a) The Administrative Agent or the applicable Issuing BankL/C Issuer, as applicable, shall determine the Spot Rates as of each Revaluation Date to be used for calculating Dollar Equivalent amounts of Revolving Exposure Credit Extensions and Outstanding Amounts denominated in the Alternative CurrenciesCurrency. Such Spot Rates shall become effective as of such Revaluation Date and shall be the Spot Rates employed in converting any amounts between the applicable currencies until the next Revaluation Date to occur. Except for purposes of financial statements delivered by the Borrower Loan Parties hereunder or calculating financial ratios covenants hereunder or except as otherwise provided herein, the applicable amount of any currency (other than Dollars) for purposes of the Loan Documents shall be such Dollar Equivalent amount as so determined by the Administrative Agent or such Issuing Bankthe L/C Issuer, as applicable; provided . The maximum amount of Indebtedness, investments and other threshold amounts that the Borrower and the Subsidiaries may incur under Article VIII shall not be deemed to be exceeded, with respect to any outstanding Indebtedness, investments and other threshold amounts solely as a result of fluctuations in the exchange rate of currencies. When calculating capacity for purposes of determining compliance with any Dollar-denominated restriction on (x) the incurrence of additional Indebtedness, investments and other threshold amounts by the Dollar-equivalent principal amount Borrower and any Subsidiary, the exchange rate of Indebtedness denominated in a currency other than Dollars currencies shall be calculated based on the relevant currency exchange rate in effect on the date such Indebtedness is incurred, in the case measured as of term debt, or first committed, in the case of revolving credit date; provided that, if indebtedness is incurred to extend, replace, refund, refinance, renew or defease other Indebtedness denominated in a currency other than Dollars, and such extension, replacement, refunding, refinancing, renewal or defeasance would cause the applicable Dollar-denominated restriction to be exceeded if calculated at the relevant currency exchange rate in effect on the date of such extension, replacement, refunding, refinancing, renewal or defeasance, such Dollar-denominated restriction shall be deemed not to have been exceeded so long as the principal amount of such refinancing Indebtedness does not exceed the principal amount of such Indebtedness being extended, replaced, refunded, refinanced, renewed or defeased; and (y) the making of any investment, the Dollar-equivalent amount of any investment denominated in a currency other than Dollars shall be calculated based on the relevant currency exchange rate in effect on the date such investment was madecalculation.

Exchange Rates; Currency Equivalents. (a) The Administrative Agent or the applicable Issuing BankLender, as applicable, shall determine the Spot Rates as of each Revaluation Date to be used for calculating Dollar Equivalent amounts of Revolving Exposure and Outstanding Amounts Loans denominated in Alternative Other Currencies. Such Spot Rates Dollar Equivalent shall become effective as of such Revaluation Date and shall be the Spot Rates employed in converting any Dollar Equivalent of such amounts between the applicable currencies until the next Revaluation Date to occur. Except for purposes of financial statements delivered by the Borrower Borrowers hereunder or calculating financial ratios the Financial Covenants hereunder or except as otherwise provided herein, the applicable amount of any currency (other than Dollars) for purposes of the Loan Documents shall be such Dollar Equivalent amount as so determined by the Administrative Agent or such the Issuing BankLender, as applicable; provided that . For purposes of financial statements delivered by Borrowers hereunder or calculating financial covenants hereunder or determining compliance with the caps, thresholds or baskets set forth in this Agreement and the other Loan Documents, the applicable amounts of any currency (other than Dollars) shall be such Dollar Equivalent amount. Notwithstanding the foregoing, for purposes of determining compliance with Section 6.1, Section 6.2, Section 6.4, Section 6.5, Section 6.6 and Section 6.9 with respect to any Dollar-denominated restriction on (x) the incurrence amount of any Indebtedness, the Dollar-equivalent principal amount Lien, Investment, Disposition, Restricted Payment or prepayment of Indebtedness denominated in a currency other than Dollars shall be calculated based on the relevant currency exchange rate in effect on the date such Indebtedness is incurred, in the case of term debt, or first committed, in the case of revolving credit date; provided that, if indebtedness is incurred to extend, replace, refund, refinance, renew or defease other Indebtedness denominated Subordinated Debt in a currency other than Dollars, and such extension, replacement, refunding, refinancing, renewal or defeasance would cause the applicable Dollar-denominated restriction to be exceeded if calculated at the relevant currency exchange rate in effect on the date of such extension, replacement, refunding, refinancing, renewal or defeasance, such Dollar-denominated restriction no Default shall be deemed not to have been exceeded so long occurred solely as a result of changes in rates of exchange occurring after the principal amount time of such refinancing Indebtedness does not exceed Indebtedness, Lien, Investment, Disposition, Restricted Payment or prepayment of Subordinated Debt; provided that, for the principal amount avoidance of such Indebtedness being extended, replaced, refunded, refinanced, renewed or defeased; and (y) the making of any investmentdoubt, the Dollar-equivalent amount foregoing provisions of this Section 1.8 shall otherwise apply to such Sections, including with respect to determining whether any investment denominated Indebtedness, Lien, Investment, Disposition or Restricted Payment may be incurred or consummated at any time under such Sections and any such changes in a currency other than Dollars rates or exchanges occurring after such time shall be calculated based on the relevant currency exchange rate not result in effect on the date an increase in capacity under any provisions within such investment was madeSections.

Exchange Rates; Currency Equivalents. (a) The Administrative Agent or the applicable Issuing BankL/C Issuer, as applicable, shall determine the Spot Rates as of each Revaluation Date to be used for calculating Dollar Equivalent amounts of Revolving Exposure Credit Extensions and Outstanding Amounts denominated in Alternative Currencies. Such Spot Rates Dollar Equivalent shall become effective as of such Revaluation Date and shall be the Spot Rates employed in converting any Dollar Equivalent amounts between the applicable currencies until the next Revaluation Date to occur. Except for purposes of financial statements delivered by the Borrower Loan Parties hereunder or calculating financial ratios covenants hereunder or except as otherwise provided herein, the applicable amount of any currency (other than Dollars) Alternative Currency for purposes of the Loan Documents shall be such Dollar Equivalent amount as so determined by the Administrative Agent or such Issuing Bankthe L/C Issuer, as applicable; provided that for . Wherever in Article VII of this Agreement the permissibility of a transaction depends upon compliance with, or is determined by reference to, amounts stated in Dollars, any amount stated in another currency shall be translated to Dollars at the applicable Dollar Equivalent then in effect and the permissibility of such transaction under Article VII shall not be affected by subsequent fluctuations in the applicable Dollar Equivalent. For purposes of determining compliance with any Dollar-denominated restriction on (x) the incurrence of Indebtedness, the Dollar-equivalent Dollar Equivalent of the principal amount of Indebtedness denominated in a foreign currency other than Dollars shall be calculated based on the relevant currency exchange rate Dollar Equivalent in effect on the date such Indebtedness is was incurred, in the case of term debt, or first committed, in the case of revolving credit datedebt; provided that, that if indebtedness such Indebtedness is incurred to extend, replace, refund, refinance, renew or defease other Indebtedness denominated in a currency other than Dollarsforeign currency, and such extension, replacement, refunding, refinancing, renewal or defeasance would cause the applicable Dollar-denominated restriction to be exceeded if calculated at the relevant currency exchange rate in effect on the date of such extension, replacement, refunding, refinancing, renewal or defeasance, such Dollar-denominated restriction shall be deemed not to have been exceeded so long as the principal amount of such refinancing Indebtedness does not exceed the principal amount of such Indebtedness being extended, replaced, refunded, refinanced, renewed renewed, or defeased; and (y) the making . For purposes of any investmentSection 7.13, the Dollar-equivalent amount of any investment amounts denominated in a currency currencies other than Dollars shall be calculated based on translated to Dollars at the relevant currency exchange rate used in effect on preparing the date such investment was mademost recently delivered financial statements pursuant to Section 6.01.

Exchange Rates; Currency Equivalents. (a) The Administrative Agent or the applicable Issuing BankFor purposes of any determination under Article V, as applicable, shall determine the Spot Rates as of each Revaluation Date to be used for calculating Dollar Equivalent amounts of Revolving Exposure and Outstanding Amounts denominated in Alternative Currencies. Such Spot Rates shall become effective as of such Revaluation Date and shall be the Spot Rates employed in converting any amounts between the applicable currencies until the next Revaluation Date to occur. Except Article VI (other than for purposes of financial statements delivered by calculating the Borrower hereunder Total Leverage Ratio) or calculating financial ratios hereunder Article VII or except as otherwise provided herein, any determination under any other provision of this Agreement requiring the applicable amount use of any currency a current exchange rate (other than Dollarsthose described in clauses (b) and (c) below), all amounts incurred or proposed to be incurred in currencies other than dollars shall be translated into dollars at the exchange rate then in effect on the date of such determination; provided, however, that (x) for purposes of determining compliance with Article VI with respect to the Loan Documents amount of any Indebtedness in a currency other than dollars, no Default or Event of Default shall be deemed to have occurred solely as a result of changes in rates of exchange occurring after the time such Dollar Equivalent amount as so determined by the Administrative Agent or such Issuing BankIndebtedness is incurred, as applicable; provided that (y) for purposes of determining compliance with any Dollar-denominated restriction on (x) the incurrence of Indebtedness, the Dollar-equivalent principal amount of Indebtedness denominated in a currency other than Dollars shall be calculated based on the relevant currency exchange rate in effect on the date if such Indebtedness is incurred, in the case of term debt, or first committed, in the case of revolving credit date; provided that, if indebtedness is incurred under a particular basket to extend, replace, refund, refinance, renew or defease Refinance other Indebtedness denominated in a foreign currency other than Dollarsthat was originally incurred under the same basket, and such extension, replacement, refunding, refinancing, renewal or defeasance Refinancing would cause the applicable Dollar-denominated restriction to be exceeded if calculated at the relevant currency exchange rate in effect on the date of such extension, replacement, refunding, refinancing, renewal or defeasanceRefinancing, such Dollar-denominated restriction shall be deemed not to have been exceeded so long as the principal amount of the Indebtedness that is incurred to Refinance such refinancing Indebtedness does not exceed the principal amount (or accreted amount) of such Indebtedness being extendedRefinanced, replacedexcept by an amount equal to the accrued interest, refundeddividends and premium (including tender premiums), refinancedif any, renewed or defeased; thereon plus defeasance costs, underwriting discounts and other amounts paid and fees and expenses (including OID, closing payments, upfront fees and similar fees) incurred in connection with such Refinancing plus an amount equal to any existing commitment unutilized and letters of credit undrawn thereunder and (yz) for the making avoidance of any investmentdoubt, the Dollar-equivalent amount foregoing provisions of this Section 1.07 shall otherwise apply to such Sections, including with respect to determining whether any investment denominated Indebtedness may be incurred at any time under such Section. For purposes of calculating the Total Leverage Ratio, amounts in a currency currencies other than Dollars dollars shall be calculated based on translated into dollars at the relevant currency applicable exchange rate rates used in effect on preparing the date such investment was mademost recently delivered financial statements pursuant to Section 5.01(a) or Section 5.01(b) (or, prior to the Effective Date, the Latest Financial Statements).

Exchange Rates; Currency Equivalents. (a) The Administrative Agent or the applicable Issuing Bank, as applicable, shall determine the Spot Rates as of each Revaluation Date to be used for calculating Dollar Equivalent amounts of Credit Events and Multicurrency Revolving Credit Exposure and Outstanding Amounts (or components thereof) denominated in Alternative Currencies. Such Spot Rates shall become effective as of such Revaluation Date and shall be the Spot Rates employed in converting any amounts between the applicable currencies until the next Revaluation Date to occur. Except for purposes of financial statements delivered by the Borrower Loan Parties hereunder or calculating financial ratios covenants hereunder or except as otherwise provided herein, the applicable amount of any currency (other than Dollarsdollars) for purposes of the Loan Documents shall be such Dollar Equivalent amount as so determined by the Administrative Agent or such the applicable Issuing Bank, as applicable; provided that , in accordance with the first sentence of this clause (a). The Lead Borrower and the Lenders will be promptly informed of the results of such calculations. Notwithstanding the foregoing, for purposes of determining this Agreement and the other Loan Documents, where the permissibility of a transaction or determinations of required actions or circumstances (excluding for the avoidance of doubt in connection with Credit Events or Multicurrency Revolving Credit Exposure or components thereof or the matters referred to in paragraph (b) below) depend upon compliance with any Dollar-denominated restriction on (x) the incurrence of Indebtednesswith, the Dollar-equivalent principal amount of Indebtedness denominated or are determined by reference to, amounts stated in a currency other than Dollars dollars, such amounts shall be calculated deemed to refer to dollars or Dollar Equivalents and any requisite currency translation shall be based on the relevant currency exchange rate Spot Rate in effect on the Business Day immediately preceding the date of such Indebtedness is incurred, transaction or determination and the permissibility of actions taken under Article VI shall not be affected by subsequent fluctuations in the case of term debt, or first committed, in the case of revolving credit dateexchange rates; provided that, that if indebtedness Indebtedness is incurred to extend, replace, refund, refinance, renew or defease refinance other Indebtedness denominated in a currency other than DollarsIndebtedness, and such extension, replacement, refunding, refinancing, renewal or defeasance refinancing would cause the applicable Dollar-dollar denominated restriction limitation to be exceeded if calculated at the relevant currency exchange rate Spot Rate in effect on the Business Day immediately preceding the date of such extension, replacement, refunding, refinancing, renewal or defeasance, such Dollar-dollar denominated restriction shall be deemed not to have been exceeded so long as the principal amount of such refinancing Indebtedness does not exceed the principal amount of such Indebtedness being extended, replaced, refunded, refinanced, renewed or defeased; and (y) the making of any investment, the Dollar-equivalent amount of any investment denominated in a currency other than Dollars shall be calculated based on the relevant currency exchange rate in effect on the date such investment was maderefinanced except as permitted hereunder.

Exchange Rates; Currency Equivalents. (a) The Administrative Agent or the applicable Issuing Bank, as applicable, shall determine the Spot Rates as of each Revaluation Date to be used for calculating Dollar Equivalent amounts of Revolving Exposure and Outstanding Amounts denominated in Alternative Currencies. Such Spot Rates shall become effective as of such Revaluation Date and shall be the Spot Rates employed in converting any amounts between the applicable currencies until the next Revaluation Date to occur. Except for purposes of financial statements delivered by the Borrower hereunder or calculating financial ratios hereunder or except as otherwise provided herein, the applicable amount of any currency (other than Dollars) for purposes of the Loan Documents shall be such Dollar Equivalent amount as so determined by the Administrative Agent or such the Issuing Bank, as applicable; provided that for purposes of determining compliance with any Dollar-denominated restriction on (x) the incurrence of Indebtedness, the Dollar-equivalent principal amount of Indebtedness denominated in a currency other than Dollars shall be calculated based on the relevant currency exchange rate in effect on the date such Indebtedness is incurred, in the case of term debt, or first committed, in the case of revolving credit date; provided that, if indebtedness is incurred to extend, replace, refund, refinance, renew or defease other Indebtedness denominated in a currency other than Dollars, and such extension, replacement, refunding, refinancing, renewal or defeasance would cause the applicable Dollar-denominated restriction to be exceeded if calculated at the relevant currency exchange rate in effect on the date of such extension, replacement, refunding, refinancing, renewal or defeasance, such Dollar-denominated restriction shall be deemed not to have been exceeded so long as the principal amount of such refinancing Indebtedness does not exceed the principal amount of such Indebtedness being extended, replaced, refunded, refinanced, renewed or defeased; and (y) the making of any investmentInvestment, the Dollar-equivalent amount of any investment Investment denominated in a currency other than Dollars shall be calculated based on the relevant currency exchange rate in effect on the date such investment Investment was made.

Exchange Rates; Currency Equivalents. (a) The Administrative Agent or the applicable Issuing Bank, as applicable, shall determine the Spot Rates as of each Revaluation Date to be used for calculating Dollar Equivalent amounts of Revolving Exposure and Outstanding Amounts denominated in Alternative Currencies. Such Spot Rates shall become effective as of such Revaluation Date and shall be the Spot Rates employed in converting any amounts between the applicable currencies until the next Revaluation Date to occur. Except for purposes of financial statements delivered by the Borrower hereunder or calculating financial ratios hereunder or except as otherwise provided herein, the applicable amount of any currency (other than Dollars) for purposes of the Loan Documents shall be such Dollar Equivalent amount as so determined by the Administrative Agent or such the Issuing Bank, as applicable; provided that for purposes of determining compliance with any Dollar-denominated restriction on (x) the incurrence of Indebtedness, the Dollar-equivalent principal amount of Indebtedness denominated in a currency other than Dollars shall be calculated based on the relevant currency exchange rate in effect on the date such Indebtedness is incurred, in the case of term debt, or first committed, in the case of revolving credit date; provided that, if indebtedness is incurred to extend, replace, refund, refinance, renew or defease other Indebtedness denominated in a currency other than Dollars, and such extension, replacement, refunding, refinancing, renewal or defeasance would cause the applicable Dollar-denominated restriction to be exceeded if calculated at the relevant currency exchange rate in effect on the date of such extension, replacement, refunding, refinancing, renewal or defeasance, such Dollar-denominated restriction shall be deemed not to have been exceeded so long as the principal amount of such refinancing Indebtedness does not exceed the principal amount of such Indebtedness being extended, replaced, refunded, refinanced, renewed or defeased; and (y) the making of any investment, the Dollar-equivalent amount of any investment denominated in a currency other than Dollars shall be calculated based on the relevant currency exchange rate in effect on the date such investment was made.

Exchange Rates; Currency Equivalents. (a) The Administrative Agent or the applicable Issuing Bank, as applicable, shall determine the Spot Rates as of each Revaluation Date to be used for calculating Dollar Equivalent amounts of the face amount of Revolving Exposure and Outstanding Amounts Loans and/or Letters of Credit denominated in Alternative CurrenciesPermitted Foreign Currencies and of L/C Disbursements in respect of such Letters of Credit. Such Spot Rates shall become effective as of such Revaluation Date and shall be the Spot Rates employed in converting any amounts between the applicable currencies until the next Revaluation Date to occur. Except The Administrative Agent shall notify the applicable Issuing Lender and the Borrower on each Revaluation Date of the Spot Rates determined by it and the related Dollar Equivalent of Revolving Loans and L/C Obligations then outstanding. Solely for purposes of financial statements delivered by Sections 2 and 3 and related definitional provisions to the Borrower hereunder or calculating financial ratios hereunder or except as otherwise provided hereinextent used in such Sections, the applicable amount of any currency (other than Dollars) for purposes of the Loan Documents shall be such Dollar Equivalent amount as so determined by the Administrative Agent or and notified to the Borrower and the applicable Issuing Lender in accordance with this Section 1.4. If any basket is exceeded solely as a result of fluctuations in applicable currency exchange rates after the last time such Issuing Bankbasket was utilized, such basket will not be deemed to have been exceeded solely as applicable; provided that for a result of such fluctuations in currency exchange rates. For purposes of determining compliance with any Dollar-denominated restriction on (x) the incurrence of IndebtednessConsolidated Net First Lien Leverage Ratio, the Dollar-equivalent principal amount of Indebtedness Consolidated Net Secured Leverage Ratio, the Consolidated Net Total Leverage Ratio and the Fixed Charge Coverage Ratio, amounts denominated in a currency other than Dollars shall will be calculated based on converted to Dollars for the relevant currency exchange rate in effect on purposes of calculating any Consolidated Net Total Leverage Ratio, the Consolidated Net Secured Leverage Ratio, the Consolidated Net First Lien Leverage Ratio and the Fixed Charge Coverage Ratio, at the Spot Rate as of the date such Indebtedness is incurredof calculation, and will, in the case of term debtIndebtedness, or first committedreflect the currency translation effects, determined in the case accordance with GAAP, of revolving credit date; provided that, if indebtedness is incurred Hedge Agreements permitted hereunder for currency exchange risks with respect to extend, replace, refund, refinance, renew or defease other Indebtedness denominated in a currency other than Dollars, and such extension, replacement, refunding, refinancing, renewal or defeasance would cause the applicable Dollar-denominated restriction to be exceeded if calculated at the relevant currency exchange rate in effect on the date of such extension, replacement, refunding, refinancing, renewal or defeasance, such Dollar-denominated restriction shall be deemed not to have been exceeded so long as determination of the principal amount Dollar Equivalent of such refinancing Indebtedness does not exceed the principal amount of such Indebtedness being extended, replaced, refunded, refinanced, renewed or defeased; and (y) the making of any investment, the Dollar-equivalent amount of any investment denominated in a currency other than Dollars shall be calculated based on the relevant currency exchange rate in effect on the date such investment was madeIndebtedness.

Exchange Rates; Currency Equivalents. (a) The Administrative Agent or the applicable Issuing BankL/C Issuer, as applicable, shall determine the Spot Rates as of each Revaluation Date to be used for calculating Dollar Equivalent amounts of Revolving Exposure Credit Extensions and Outstanding Amounts denominated in Alternative Currencies. Such Spot Rates shall become effective as of such Revaluation Date and shall be the Spot Rates employed in converting any amounts between the applicable currencies until the next Revaluation Date to occur. Except for purposes of financial statements delivered by the Borrower Loan Parties hereunder or calculating financial ratios covenants, default thresholds or financial ratio tests hereunder or except as otherwise provided herein, the applicable amount of any currency (other than Dollars) for purposes of the Loan Documents shall be such Dollar Equivalent amount as so determined by the Administrative Agent or such Issuing Bankthe applicable L/C Issuer, as applicable; provided that for purposes . If any basket in Article VIII is exceeded solely as a result of determining compliance with any Dollar-denominated restriction on (x) the incurrence of Indebtedness, the Dollar-equivalent principal amount of Indebtedness denominated in a currency other than Dollars shall be calculated based on the relevant currency exchange rate in effect on the date such Indebtedness is incurred, fluctuations in the case applicable Dollar Equivalent amount after the last time such basket was utilized, such basket will not be deemed to have been exceeded solely as a result of term debt, or first committed, such fluctuations in the case of revolving credit date; provided thatapplicable Dollar Equivalent amount. In addition, if indebtedness any Indebtedness is incurred to extend, replace, refund, refinance, renew or defease refinance other Indebtedness denominated in a currency other than Dollars, and such extension, replacement, refunding, refinancing, renewal or defeasance refinancing would cause the applicable Dollardollar-denominated restriction in Article VIII to be exceeded if calculated at the relevant currency exchange rate in effect applicable Dollar Equivalent amount on the date of such extension, replacement, refunding, refinancing, renewal or defeasance, such Dollardollar-denominated restriction restrictions shall be deemed not to have been exceeded so long as the principal amount of such refinancing Indebtedness does not exceed the sum of (i) the outstanding or committed principal amount amount, as applicable of such Indebtedness being extended, replaced, refunded, refinanced, renewed or defeased; and refinanced plus (yii) the making of any investment, the Dollar-equivalent aggregate amount of any investment fees, underwriting discounts, premiums and other costs and expenses incurred in connection with such refinancing. (b) Wherever in this Agreement in connection with a Borrowing, conversion, continuation or prepayment of an Alternative Currency Loan or the issuance, amendment or extension of a Letter of Credit, an amount, such as a required minimum or multiple amount, is expressed in Dollars, but such Borrowing, Loan or Letter of Credit is denominated in a currency other than Dollars an Alternative Currency, such amount shall be calculated based on the relevant currency exchange rate in effect on Alternative Currency Equivalent of such Dollar amount (rounded to the date nearest unit of such investment was made.Alternative Currency, with 0.5 of a unit being rounded upward), as determined by the Administrative Agent or the applicable L/C Issuer, as the case may be. 1.09

Exchange Rates; Currency Equivalents. (a) The Administrative Agent or the applicable Issuing Bank, as applicable, shall determine the Spot Rates as of each Revaluation Date to be used for calculating Dollar Equivalent amounts of Revolving Exposure and Outstanding Amounts denominated in Alternative Currencies. Such Spot Rates shall become effective as of such Revaluation Date and shall be the Spot Rates employed in converting any amounts between the applicable currencies until the next Revaluation Date to occur. Except for purposes of financial statements delivered by the Borrower hereunder or calculating financial ratios hereunder or except as otherwise provided herein, the applicable amount of any currency (other than Dollars) for purposes of the Loan Documents shall be such Dollar Equivalent amount as so determined by the Administrative Agent or such Issuing Bank, as applicable; provided that for purposes of determining compliance with any Dollar-denominated restriction on (x) the incurrence of Indebtedness, the Dollar-equivalent Dollar Equivalent principal amount of Indebtedness denominated in a currency other than Dollars shall be calculated based on the relevant currency exchange rate in effect on the date such Indebtedness is incurred, in the case of term debt, or first committed, in the case of revolving credit date; provided that, if indebtedness is incurred to extend, replace, refund, refinance, renew or defease other Indebtedness denominated in a currency other than Dollars, and such extension, replacement, refunding, refinancing, renewal or defeasance would cause the applicable Dollar-denominated restriction to be exceeded if calculated at the relevant currency exchange rate in effect on the date of such extension, replacement, refunding, refinancing, renewal or defeasance, such Dollar-denominated restriction shall be deemed not to have been exceeded so long as the principal amount of such refinancing Indebtedness does not exceed the principal amount of such Indebtedness being extended, replaced, refunded, refinanced, renewed or defeased; and (y) the making of any investment, the Dollar-equivalent amount of any investment denominated in a currency other than Dollars shall be calculated based on the relevant currency exchange rate in effect on the date such investment was made.

Exchange Rates; Currency Equivalents. (a) The Administrative Agent or the applicable Issuing Bank, as applicable, shall determine the Spot Rates as of each Revaluation Date to be used for calculating Dollar Equivalent amounts of Revolving Exposure and Outstanding Amounts denominated in Alternative Currencies. Such Spot Rates shall become effective as of such Revaluation Date and shall be the Spot Rates employed in converting any amounts between the applicable currencies until the next Revaluation Date to occur. Except for purposes of financial statements delivered by the Borrower Loan Parties hereunder or calculating financial ratios hereunder or except as otherwise provided herein, the applicable amount of any currency (other than Dollars) for purposes of the Loan Documents shall be such Dollar Equivalent amount as so determined by the Administrative Agent or such the Issuing Bank, as applicable; provided that for purposes of determining compliance with any Dollar-denominated restriction on (x) the incurrence of Indebtedness, the Dollar-equivalent principal amount of Indebtedness denominated in a currency other than Dollars shall be calculated based on the relevant currency exchange rate in effect on the date such Indebtedness is incurred, in the case of term debt, or first committed, in the case of revolving credit date; provided that, if indebtedness is incurred to extend, replace, refund, refinance, renew or defease other Indebtedness denominated in a currency other than Dollars, and such extension, replacement, refunding, refinancing, renewal or defeasance would cause the applicable Dollar-denominated restriction to be exceeded if calculated at the relevant currency exchange rate in effect on the date of such extension, replacement, refunding, refinancing, renewal or defeasance, such Dollar-denominated restriction shall be deemed not to have been exceeded so long as the principal amount of such refinancing Indebtedness does not exceed the principal amount of such Indebtedness being extended, replaced, refunded, refinanced, renewed or defeased; and (y) the making of any investment, the Dollar-equivalent amount of any investment denominated in a currency other than Dollars shall be calculated based on the relevant currency exchange rate in effect on the date such investment was made.

Exchange Rates; Currency Equivalents. (a) The Administrative Agent or the applicable Issuing BankL/C Issuer, as applicable, shall determine the Spot Rates as of each Revaluation Date to be used for calculating Dollar Equivalent amounts of Revolving Exposure Credit Extensions and Outstanding Amounts denominated in Alternative Currencies. Such Spot Rates shall become effective as of such Revaluation Date and shall be the Spot Rates employed in converting any amounts between the applicable currencies until the next Revaluation Date to occur. Except for purposes of financial statements delivered by the Borrower Loan Parties hereunder or calculating financial ratios covenants hereunder or except as otherwise provided herein, the applicable amount of any currency (other than Dollars) for purposes of the Loan Documents shall be such Dollar Equivalent amount as so determined by the Administrative Agent or such Issuing Bankthe L/C Issuer, as applicable; provided however, that for purposes (i) if the Dollar Equivalent of determining compliance with any Dollar-denominated restriction on (x) the incurrence amounts of Indebtedness, the Dollar-equivalent principal amount of Indebtedness Credit Extensions and Outstanding Amounts denominated in Alternate Currencies has increased as a currency other than Dollars shall be calculated based on result of fluctuations in the exchange rate applicable to the relevant currency exchange rate Alternate Currencies such that the aggregate Outstanding Amount of the outstanding Multicurrency Revolving Loans, L/C Obligations and Swing Line Loans exceeds the aggregate Multicurrency Revolving Commitments as then in effect on effect, then the date such Indebtedness is incurred, in the case Company shall not be obligated to make a prepayment pursuant to Section 2.05(b)(iv) of term debt, or first committed, in the case of revolving credit date; provided that, if indebtedness is incurred to extend, replace, refund, refinance, renew or defease other Indebtedness denominated in a currency other than Dollars, and such extension, replacement, refunding, refinancing, renewal or defeasance would cause the applicable Dollar-denominated restriction to be exceeded if calculated at the relevant currency exchange rate in effect on the date of such extension, replacement, refunding, refinancing, renewal or defeasance, such Dollar-denominated restriction shall be deemed not to have been exceeded this Agreement so long as the principal amount aggregate Outstanding Amount of such refinancing Indebtedness the Multicurrency Revolving Loans, L/C Obligations and Swing Line Loans does not exceed an amount equal to 105% of the principal amount of such Indebtedness being extendedaggregate Multicurrency Revolving Commitment, replaced, refunded, refinanced, renewed or defeased; and (yii) the making no violation, Default or Event of any investment, the Dollar-equivalent amount of any investment denominated in a currency other than Dollars Default shall be calculated based on deemed to have occurred or exist to the relevant currency extent that any basket or threshold set forth in Articles V, VI, VII or VIII is exceeded solely as a result of fluctuations in the exchange rate in effect on applicable to the date such investment was madeAlternative Currency or other relevant currency.

Exchange Rates; Currency Equivalents. (a) The Administrative Agent or the applicable Issuing BankL/C Issuer, as applicable, shall determine the Spot Rates as of each Revaluation Date to be used for calculating Dollar Equivalent amounts of Revolving Exposure Credit Extensions and Outstanding Amounts denominated in Alternative Currencies. Such Spot Rates shall become effective as of such Revaluation Date and shall be the Spot Rates employed in converting any amounts between the applicable currencies until the next Revaluation Date to occur. Except for purposes of financial statements delivered by the Borrower Loan Parties hereunder or calculating financial ratios covenants hereunder or except as otherwise provided herein, the applicable amount of any currency (other than Dollars) for purposes of the Loan Documents shall be such Dollar Equivalent amount as so determined by the Administrative Agent or such Issuing Bankthe L/C Issuer, as applicable; provided that for . Wherever in Article VII of this Agreement the permissibility of a transaction depends upon compliance with, or is determined by reference to, amounts stated in Dollars, any amount stated in another currency shall be translated to Dollars at the applicable Spot Rate then in effect and the permissibility of such transaction under Article VII shall not be affected by subsequent fluctuations in the applicable Spot Rate. For purposes of determining compliance with any Dollar-denominated restriction on (x) the incurrence of Indebtedness, the Dollar-equivalent Dollar Equivalent of the principal amount of Indebtedness denominated in a foreign currency other than Dollars shall be calculated based on the relevant currency exchange rate Spot Rate in effect on the date such Indebtedness is was incurred, in the case of term debt, or first committed, in the case of revolving credit datedebt; provided that, that if indebtedness such Indebtedness is incurred to extend, replace, refund, refinance, renew or defease other Indebtedness denominated in a currency other than Dollarsforeign currency, and such extension, replacement, refunding, refinancing, renewal or defeasance would cause the applicable Dollar-denominated restriction to be exceeded if calculated at the relevant currency exchange rate in effect on the date of such extension, replacement, refunding, refinancing, renewal or defeasance, such Dollar-denominated restriction shall be deemed not to have been exceeded so long as the principal amount of such refinancing Indebtedness does not exceed the principal amount of such Indebtedness being extended, replaced, refunded, refinanced, renewed renewed, or defeased; and (y) the making . For purposes of any investmentSection 7.13, the Dollar-equivalent amount of any investment amounts denominated in a currency currencies other than Dollars shall be calculated based on translated to Dollars at the relevant currency exchange rate used in effect on preparing the date such investment was mademost recently delivered financial statements pursuant to Section 6.01.