Common use of Judgment Clause in Contracts

Judgment. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of a Borrower in respect of any such sum due from it to the Administrative Agent hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than 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 of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent in the 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 obligation was owing against such loss. If the amount of the Agreement currency so purchased is greater than the sum originally due to the Administrative Agent in such currency, the Administrative Agent agrees to return the amount of any excess to the Applicable Borrower (or to any other Person who may be entitled thereto under applicable law).

Judgment. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of a Borrower New Guarantor in respect of any such sum due from it to the Administrative Agent hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than 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 of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent in the Agreement Currency, the Borrowers agreeeach New Guarantor agrees, as a separate obligation and notwithstanding any such judgment, jointly and severally, to indemnify the Administrative Agent or the Person to whom such obligation was owing against such loss. If the amount of the Agreement currency so purchased is greater than the sum originally due to the Administrative Agent in such currency, the Administrative Agent agrees to return the amount of any excess to the Applicable Borrower such New Guarantor (or to any other Person who may be entitled thereto under applicable law).

Judgment. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of a Borrower Guarantor in respect of any such sum due from it to the Administrative Agent hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than 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 of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent in the Agreement Currency, the Borrowers agreeeach Guarantor agrees, as a separate obligation and notwithstanding any such judgment, jointly and severally, to indemnify the Administrative Agent or the Person to whom such obligation was owing against such loss. If the amount of the Agreement currency so purchased is greater than the sum originally due to the Administrative Agent in such currency, the Administrative Agent agrees to return the amount of any excess to the Applicable Borrower such Guarantor (or to any other Person who may be entitled thereto under applicable law).

Judgment. If, If for the purposes of obtaining judgment in any court, court it is necessary to convert a sum due from any Borrower hereunder or any other Loan Document in one the currency expressed to be payable herein (the “specified currency”) into another 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 Administrative Agent could purchase the first 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. The obligation obligations of a each Borrower in respect of any such sum due from it to any Lender or the Administrative Agent hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”)specified currency, be discharged only to the extent that on the Business Day following receipt by such Lender or 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 or the Administrative Agent (as the case may be) may in accordance with normal normal, reasonable banking procedures purchase the Agreement Currency specified currency with the Judgment Currencysuch other currency. If the amount of the Agreement Currency specified currency so purchased is less than the sum originally due to such Lender or the Administrative Agent Agent, as the case may be, in the Agreement 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, jointly and severally, to indemnify such Lender or the Administrative Agent or Agent, as the Person to whom such obligation was owing case may be, against such loss. If , and if the amount of the Agreement specified currency so purchased is greater than exceeds (a) the sum originally due to any Lender or the Administrative Agent Agent, as the case may be, in the specified currency and (b) any amounts shared with other Lenders as a result of allocations of such currencyexcess as a disproportionate payment to such Lender under Section 2.18, such Lender or the Administrative Agent Agent, as the case may be, agrees to return the amount of any remit such excess to the Applicable Borrower (or to any other Person who may be entitled thereto under applicable law)such Borrower.

Judgment. If, for the purposes purpose of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of a Borrower each Credit Agreement Loan Party in respect of any such sum due from it to the Administrative Agent hereunder or under the any other Loan Documents Document shall, notwithstanding any judgment in a currency (the “"Judgment Currency”") other than 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 Applicable Agent of any sum adjudged to be so due in the Judgment Currency, the Administrative such Agent may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Applicable Agent in the Agreement Currency, the Borrowers agreeeach Credit Agreement Loan Party agrees, as a separate obligation and notwithstanding any such judgment, jointly and severally, to indemnify the Administrative such Agent or the Person to whom such obligation was owing against such loss. If the amount of the Agreement currency Currency so purchased is greater than the sum originally due to the Administrative Applicable Agent in such currency, the Administrative such Agent agrees to return the amount of any excess to the Applicable Borrower applicable Credit Agreement Loan Party (or to any other Person who may be entitled thereto under applicable law).

Judgment. If, for the purposes of filing a claim or obtaining judgment in any court, it is necessary to convert a sum due hereunder or under any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of a each Borrower in respect of any such sum due from it to the Administrative Agent or any Lender hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than 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 of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent or such Lender may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent or such Lender in the Agreement Currency, the Borrowers agreeeach Borrower agrees, as a separate obligation and notwithstanding any such judgment, jointly and severally, to indemnify the Administrative Agent or such Lender or the Person to whom such obligation was owing against such loss. If the amount of the Agreement currency Currency so purchased is greater than the sum originally due to the Administrative Agent or such Lender in such currency, the Administrative Agent or such Lender agrees to return the amount of any excess to the Applicable such Borrower (or to any other Person who may be entitled thereto under applicable law).

Judgment. If, for the purposes of filing a claim or obtaining judgment in any court, it is necessary to convert a sum due hereunder or under any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of a each Borrower in respect of any such sum due from it to the Administrative Agent or any Lender hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than 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 of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent or such Lender may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent or such Lender in the Agreement Currency, the Borrowers agreeeach Borrower agrees, as a separate obligation and notwithstanding any such judgment, jointly and severally, to indemnify the Administrative Agent or such Lender or the Person to whom such obligation was owing against such loss. If the amount of the Agreement currency Currency so purchased is greater than the sum originally due to the Administrative Agent or such Lender in such currency, the Administrative Agent or such Lender agrees to return the amount of any excess to the Applicable such Borrower (or to any other Person who may be entitled thereto under applicable law).

Judgment. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or under any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of a each Borrower in respect of any such sum due from it to the Administrative Agent or any Lender hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “"Judgment Currency”") other than 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 of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent or such Lender may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent or such Lender in the Agreement Currency, the Borrowers agreeeach Borrower agrees, as a separate obligation and notwithstanding any such judgment, jointly and severally, to indemnify the Administrative Agent or such Lender or the Person to whom such obligation was owing against such loss. If the amount of the Agreement currency Currency so purchased is greater than the sum originally due to the Administrative Agent or such Lender in such currency, the Administrative Agent or such Lender agrees to return the amount of any excess to the Applicable such Borrower (or to any other Person who may be entitled thereto under applicable law).

Judgment. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of a Borrower in respect of any such sum due from it to the Administrative Agent hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than 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 of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent in the Agreement Currency, the Borrowers agreeapplicable Borrower agrees, as a separate obligation and notwithstanding any such judgment, jointly and severally, to indemnify the Administrative Agent or the Person to whom such obligation was owing against such loss. If the amount of the Agreement currency so purchased is greater than the sum originally due to the Administrative Agent in such currency, the Administrative Agent agrees to return the amount of any excess to the Applicable such Borrower (or to any other Person who may be entitled thereto under applicable law).

Judgment. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of a each Borrower in respect of any such sum due from it to the Administrative Agent or any Lender hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than 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, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent or such Lender, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent or any Lender from any Borrower in the Agreement Currency, the Borrowers agreesuch Borrower agrees, as a separate obligation and notwithstanding any such judgment, jointly and severally, to indemnify the Administrative Agent or such Lender, as the Person to whom such obligation was owing case may be, against such loss. If the amount of the Agreement currency Currency so purchased is greater than the sum originally due to the Administrative Agent or any Lender in such currency, the Administrative Agent or such Lender, as the case may be, agrees to return the amount of any excess to the Applicable such Borrower (or to any other Person who may be entitled thereto under applicable law).

Judgment. If, for the purposes purpose of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of a Borrower each of the Borrowers in respect of any such sum due from it to the Administrative Agent hereunder or under the any other Loan Documents Document shall, notwithstanding any judgment in a currency (the “"Judgment Currency”") other than 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 of any sum adjudged to be so due in the Judgment Currency, the such Administrative Agent may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent in the Agreement Currency, the Borrowers agreeeach Borrower agrees, as a separate obligation and notwithstanding any such judgment, jointly and severally, to indemnify the such Administrative Agent or the Person to whom such obligation was owing against such loss. If the amount of the Agreement currency Currency so purchased is greater than the sum originally due to the Administrative Agent in such currency, the such Administrative Agent agrees to return the amount of any excess to the Applicable applicable Borrower (or to any other Person who may be entitled thereto under applicable law).

Judgment. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or under any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of a Borrower the Company in respect of any such sum due from it to the Administrative Agent or any Lender hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “"Judgment Currency”") other than 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 of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent or such Lender may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent or such Lender in the Agreement Currency, the Borrowers agreeCompany agrees, as a separate obligation and notwithstanding any such judgment, jointly and severally, to indemnify the Administrative Agent or such Lender or the Person to whom such obligation was owing against such loss. If the amount of the Agreement currency Currency so purchased is greater than the sum originally due to the Administrative Agent or such Lender in such currency, the Administrative Agent or such Lender agrees to return the amount of any excess to the Applicable Borrower Company (or to any other Person who may be entitled thereto under applicable law).

Judgment. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or under any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal and customary banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of a each Borrower in respect of any such sum due from it to the Administrative either Agent or any Lender hereunder or under the any other Loan Documents Document shall, notwithstanding any judgment in a currency (the “"Judgment Currency”") other than 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 such Agent or such Lender of any sum adjudged to be so due in the Judgment Currency, the Administrative such Agent or such Lender may in accordance with normal and customary banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative such Agent or such Lender in the Agreement Currency, the Borrowers agreeapplicable Borrower agrees, as a separate obligation and notwithstanding any such judgment, jointly and severally, to indemnify the Administrative such Agent or the Person to whom such obligation was owing Lender against such loss. If the amount of the Agreement currency Currency so purchased is greater than the sum originally due to the Administrative such Agent or such Lender in such currency, the Administrative such Agent or such Lender agrees to return the amount of any excess to the Applicable applicable Borrower (or to any other Person who may be entitled thereto under applicable lawApplicable Law).

Judgment. If, for the purposes of obtaining judgment in any -------- court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of a Borrower any Loan Party in respect of any such sum due from it to the Administrative Agent hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “"Judgment -------- Currency”") other than 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 of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent in the Agreement Currency, the Borrowers agreeeach Loan Party agrees, as a separate obligation and notwithstanding any such judgment, jointly and severally, to indemnify the Administrative Agent or the Person to whom such obligation was owing against such loss. If the amount of the Agreement currency so purchased is greater than the sum originally due to the Administrative Agent in such currency, the Administrative Agent agrees to return the amount of any excess to the Applicable Borrower applicable Loan Party (or to any other Person who may be entitled thereto under applicable law).

Judgment. If, If for the purposes of obtaining judgment in any court, court it is necessary to convert a sum due from any Borrower hereunder or any other Loan Document in one the currency expressed to be payable herein (the “specified currency”) into another 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 Administrative Agent could purchase the first 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. The obligation obligations of a each Borrower in respect of any such sum due from it to any Lender or the Administrative Agent hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”)specified currency, be discharged only to the extent that on the Business Day following receipt by such Lender or 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 or the Administrative Agent (as the case may be) may in accordance with normal normal, reasonable banking procedures purchase the Agreement Currency specified currency with the Judgment Currencysuch other currency. If the amount of the Agreement Currency specified currency so purchased is less than the sum originally due to such Lender or the Administrative Agent Agent, as the case may be, in the Agreement Currencyspecified currency, each Borrower agrees, to the Borrowers agreefullest extent that it may effectively do so, as a separate 105 obligation and notwithstanding any such judgment, jointly and severally, to indemnify such Lender or the Administrative Agent or Agent, as the Person to whom such obligation was owing case may be, against such loss. If , and if the amount of the Agreement specified currency so purchased is greater than exceeds (a) the sum originally due to any Lender or the Administrative Agent Agent, as the case may be, in the specified currency and (b) any amounts shared with other Lenders as a result of allocations of such currencyexcess as a disproportionate payment to such Lender under Section 2.18, such Lender or the Administrative Agent Agent, as the case may be, agrees to return the amount of any remit such excess to the Applicable Borrower (or to any other Person who may be entitled thereto under applicable law)such Borrower.

Judgment. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of a Borrower the Company in respect of any such sum due from it to the Administrative Agent hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than 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 of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent in the Agreement Currency, the Borrowers agreeCompany agrees, as a separate obligation and notwithstanding any such judgment, jointly and severally, to indemnify the Administrative Agent or the Person to whom such obligation was owing against such loss. If the amount of the Agreement currency so purchased is greater than the sum originally due to the Administrative Agent in such currency, the Administrative Agent agrees to return the amount of any excess to the Applicable Borrower Company (or to any other Person who may be entitled thereto under applicable law).

Judgment. If, for the purposes of filing a claim or obtaining judgment in any court, it is necessary to convert a sum due hereunder or under any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of a each Borrower in respect of any such sum due from it to the Administrative Agent Agent, any Lender or any Issuer hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than 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 Agent, such Lender or such Issuer of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent Agent, such Lender or such Issuer may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent Agent, such Lender or such Issuer in the Agreement Currency, the Borrowers agreeeach Borrower agrees, as a separate obligation and notwithstanding any such judgment, jointly and severally, to indemnify the Administrative Agent Agent, such Lender or such Issuer or the Person to whom such obligation was owing against such loss. If the amount of the Agreement currency Currency so purchased is greater than the sum originally due to the Administrative Agent Agent, such Lender or such Issuer in such currency, the Administrative Agent Agent, such Lender or such Issuer agrees to return the amount of any excess to the Applicable such Borrower (or to any other Person who may be entitled thereto under applicable law).

Judgment. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of a each Borrower in respect of any such sum due from it to the Administrative Agent hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than 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 of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent in the Agreement Currency, the Borrowers agreeCompany agrees, as a separate obligation and notwithstanding any such judgment, jointly and severally, to indemnify the Administrative Agent or the Person to whom such obligation was owing against such loss. If the amount of the Agreement currency so purchased is greater than the sum originally due to the Administrative Agent in such currency, the Administrative Agent agrees to return the amount of any excess to the Applicable applicable Borrower (or to any other Person who may be entitled thereto under applicable law).

Judgment. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of a the Borrower in respect of any such sum due from it to the Administrative Agent hereunder or under the any other Loan Documents Document shall, notwithstanding any judgment in a currency (the “Judgment Currency”"JUDGMENT CURRENCY") other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement Agreement, including SECTION 5.10 (the “Agreement Currency”"AGREEMENT CURRENCY"), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent in the Agreement Currency, the Borrowers agreeBorrower agrees, as a separate obligation and notwithstanding any such judgment, jointly and severally, to indemnify the Administrative Agent or the Person to whom such obligation was owing against such loss. If the amount of the Agreement currency Currency so purchased is greater than the sum originally due to the Administrative Agent in such currency, the Administrative Agent agrees to return the amount of any excess to the Applicable Borrower (or to any other Person who may be entitled thereto under applicable lawRequirements of Law).

Judgment. If, for the purposes of obtaining judgment in any court, -------- it is necessary to convert a sum due hereunder or under any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of a Borrower the Company in respect of any such sum due from it to the Administrative Agent or any Lender hereunder or under the any other Loan Documents Document shall, notwithstanding any judgment in a currency (the “"Judgment -------- Currency”") other than 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 of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent or such Lender may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent or such Lender in the Agreement Currency, the Borrowers agreeCompany agrees, as a separate obligation and notwithstanding any such judgment, jointly and severally, to indemnify the Administrative Agent or the Person to whom such obligation was owing Lender against such loss. If the amount of the Agreement currency Currency so purchased is greater than the sum originally due to the Administrative Agent or such Lender in such currency, the Administrative Agent or such Lender agrees to return the amount of any excess to the Applicable Borrower Company (or to any other Person who may be entitled thereto under applicable law).

Judgment. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent or with respect to a Financial Services Agreement the Bank a party thereto, could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of a Borrower Company in respect of any such sum due from it to the Administrative Agent or any Bank hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “"Judgment Currency”") other than 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 Business Day following receipt by the Administrative Agent or such Bank of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent or such Bank may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent or such Bank in the Agreement Currency, the Borrowers agreeeach Company agrees, as a separate obligation and notwithstanding any such judgment, jointly and severally, to indemnify the Administrative Agent Agent, Bank or the Person to whom such obligation was owing against such loss. If the amount of the Agreement currency so purchased is greater than the sum originally due to the Administrative Agent or any Bank in such currency, the Administrative Agent or such Bank agrees to return the amount of any excess to the Applicable Borrower such Company (or to any other Person who may be entitled thereto under applicable law).

Judgment. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Applicable Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of a each Borrower in respect of any such sum due from it to the Administrative Applicable Agent hereunder or under the any other Loan Documents Document shall, notwithstanding any judgment in a currency (the “"Judgment Currency”") other than 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 Applicable Agent of any sum adjudged to be so due in the Judgment Currency, the Administrative such Agent may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Applicable Agent in the Agreement Currency, the Borrowers agreeapplicable Borrower agrees, as a separate obligation and notwithstanding any such judgment, jointly and severally, to indemnify the Administrative such Agent or the Person to whom such obligation was owing against such loss. If the amount of the Agreement currency Currency so purchased is greater than the sum originally due to the Administrative Applicable Agent in such currency, the Administrative such Agent agrees to return the amount of any excess to the Applicable applicable Borrower (or to any other Person who may be entitled thereto under applicable law).

Judgment. If, for the purposes of filing a claim or obtaining judgment in any court, it is necessary to convert a sum due hereunder or under any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of a each Borrower in respect of any such sum due from it to the Administrative Agent or any Lender hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than 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 of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent or such Lender may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent or such Lender in the Agreement Currency, the Borrowers agreeeach Borrower agrees, as a separate obligation and notwithstanding any such judgment, jointly and severally, to indemnify the Administrative Agent or such Lender or the Person to whom such obligation was owing against such loss. If the amount of 106 the Agreement currency Currency so purchased is greater than the sum originally due to the Administrative Agent or such Lender in such currency, the Administrative Agent or such Lender agrees to return the amount of any excess to the Applicable such Borrower (or to any other Person who may be entitled thereto under applicable law).

Judgment. If, for the purposes of obtaining judgment in any court, -------- it is necessary to convert a sum due hereunder or under any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative U.S. Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of a each Borrower in respect of any such sum due from it to the Administrative either Agent or any Bank hereunder or under the any other Loan Documents Document shall, notwithstanding any judgment in a currency (the “"Judgment Currency”") other than 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 such Agent or such Bank of any sum adjudged to be so due in the Judgment Currency, the Administrative such Agent or such Bank may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative such Agent or such Bank in the Agreement Currency, the Borrowers agreeapplicable Borrower agrees, as a separate obligation and notwithstanding any such judgment, jointly and severally, to indemnify the Administrative such Agent or the Person to whom such obligation was owing Bank against such loss. If the amount of the Agreement currency Currency so purchased is greater than the sum originally due to the Administrative such Agent or such Bank in such currency, the Administrative such Agent or such Bank agrees to return the amount of any excess to the Applicable applicable Borrower (or to any other Person who may be entitled thereto under applicable law).

Judgment. If, for the purposes of filing a claim or obtaining judgment in any court, it is necessary to convert a sum due hereunder or under any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of a each Borrower in respect of any such sum due from it to the Administrative Agent or any Lender hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than 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 of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent or such Lender may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent or such Lender in the Agreement Currency, the Borrowers agreeeach Borrower agrees, as a separate obligation and notwithstanding any such judgment, jointly and severally, to indemnify the Administrative Agent or such Lender or the Person to whom such obligation was owing against such loss. If the amount of the Agreement currency Currency so purchased is greater than the sum originally due to the Administrative Agent or such Lender in such currency, the Administrative Agent or such Xxxxxx agrees to return the amount of any excess to the Applicable such Borrower (or to any other Person who may be entitled thereto under applicable law).. 101

Judgment. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or under any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Co-Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of a Borrower the Company in respect of any such sum due from it to the Agent, the Co-Administrative Agent or any Lender hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than 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 of any sum adjudged to be so due in the Judgment Currency, the Agent, the Co-Administrative Agent or such Lender may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Agent, the Co-Administrative Agent or such Lender in the Agreement Currency, the Borrowers agreeCompany agrees, as a separate obligation and notwithstanding any such judgment, jointly and severally, to indemnify the Agent, the Co-Administrative Agent or such Lender or the Person to whom such obligation was owing against such loss. If the amount of the Agreement currency Currency so purchased is greater than the sum originally due to the Agent, the Co-Administrative Agent or such Lender in such currency, the Agent, the Co-Administrative Agent or such Lender agrees to return the amount of any excess to the Applicable Borrower Company (or to any other Person who may be entitled thereto under applicable law).

Judgment. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of a each Borrower in respect of any such sum due from it to the Administrative Agent or any Lender hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than 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, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent or such Lender, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally 170 Sealed Air – 4th A&R Syndicated Facility Agt due to the Administrative Agent or any Lender from any Borrower in the Agreement Currency, the Borrowers agreesuch Borrower agrees, as a separate obligation and notwithstanding any such judgment, jointly and severally, to indemnify the Administrative Agent or such Lender, as the Person to whom such obligation was owing case may be, against such loss. If the amount of the Agreement currency Currency so purchased is greater than the sum originally due to the Administrative Agent or any Lender in such currency, the Administrative Agent or such Lender, as the case may be, agrees to return the amount of any excess to the Applicable such Borrower (or to any other Person who may be entitled thereto under applicable law).

Judgment. If, for the purposes purpose of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Credit Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of a each of U.S. Borrower and Foreign Holdco in respect of any such sum due from it to the Administrative any Agent or Lender hereunder or under the any other Loan Documents Credit Document shall, notwithstanding any judgment in a currency (the “"Judgment Currency”") other than 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 applicable Agent or Lender of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent such Person may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative applicable Agent in the Agreement Currency, the Borrowers agreeeach Borrower agrees, as a separate obligation and notwithstanding any such judgment, jointly and severally, to indemnify the Administrative Agent or the such Person to whom such obligation was owing against such loss. If the amount of the Agreement currency Currency so purchased is greater than the sum originally due to the Administrative applicable Agent or Lender in such currency, the Administrative Agent such Person agrees to return the amount of any excess to the Applicable Borrower applicable Loan Party (or to any other Person who may be entitled thereto under applicable law).

Judgment. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or under any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of a Borrower the Company in respect of any such sum due from it to the Administrative Agent or any Lender hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”"JUDGMENT CURRENCY") other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”"AGREEMENT CURRENCY"), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent or such Lender of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent or such Lender may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent or such Lender in the Agreement Currency, the Borrowers agreeCompany agrees, as a separate obligation and notwithstanding any such judgment, jointly and severally, to indemnify the Administrative Agent or such Lender or the Person to whom such obligation was owing against such loss. If the amount of the Agreement currency Currency so purchased is greater than the sum originally due to the Administrative Agent or such Lender in such currency, the Administrative Agent or such Lender agrees to return the amount of any excess to the Applicable Borrower Company (or to any other Person who may be entitled thereto under applicable law).

Judgment. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of a Borrower in respect of any such sum due from it to the Administrative Agent hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “"Judgment Currency”") other than 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 of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent in the 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 obligation was owing against such loss. If the amount of the Agreement currency so purchased is greater than the sum originally due to the Administrative Agent in such currency, the Administrative Agent agrees to return the amount of any excess to the Applicable Borrower (or to any other Person who may be entitled thereto under applicable law).

Judgment. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document Documents in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of a Borrower in respect of any such sum due from it to the Administrative Agent or any Bank hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “"Judgment Currency”") other than 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 of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent or any Bank in the Agreement Currency, the Borrowers agreeBorrower agrees, as a separate obligation and notwithstanding any such judgment, jointly and severally, to indemnify the Administrative Agent or the Person Bank to whom such obligation was owing against such loss. If the amount of the Agreement currency Currency so purchased is greater than the sum originally due to the Administrative Agent or any Bank in such currency, the Administrative Agent agrees to return the amount of any excess to the Applicable Borrower (or to any other Person who may be entitled thereto under applicable law).. (Credit Agreement) 76 83

Judgment. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of a Borrower the Company in respect of any such sum due from it to the Administrative Agent hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “"Judgment Currency”") other than 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 of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent in the Agreement Currency, the Borrowers agreeCompany agrees, as a separate obligation and notwithstanding any such judgment, jointly and severally, to indemnify the Administrative Agent or the Person to whom such obligation was owing against such loss. If the amount of the Agreement currency so purchased is greater than the sum originally due to the Administrative Agent in such currency, the Administrative Agent agrees to return the amount of any excess to the Applicable Borrower Company (or to any other Person who may be entitled thereto under applicable law).

Judgment. If, for the purposes of obtaining judgment in any court, it is -------- necessary to convert a sum due hereunder or under any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of a Borrower the Company in respect of any such sum due from it to the Administrative Agent or any Lender hereunder or under the any other Loan Documents Document shall, notwithstanding any judgment in a currency (the “"Judgment -------- Currency”") other than 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 of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent or such Lender may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent or such Lender in the Agreement Currency, the Borrowers agreeCompany agrees, as a separate obligation and notwithstanding any such judgment, jointly and severally, to indemnify the Administrative Agent or the Person to whom such obligation was owing Lender against such loss. If the amount of the Agreement currency Currency so purchased is greater than the sum originally due to the Administrative Agent or such Lender in such currency, the Administrative Agent or such Lender agrees to return the amount of any excess to the Applicable Borrower Company (or to any other Person who may be entitled thereto under applicable law).

Judgment. If, for the purposes of obtaining judgment in any court, -------- it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of a the Borrower in respect of any such sum due from it to the Administrative Agent hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “"Judgment Currency”") other than 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 of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent in the Agreement Currency, the Borrowers agreeBorrower agrees, as a separate obligation and notwithstanding any such judgment, jointly and severally, to indemnify the Administrative Agent or the Person to whom such obligation was owing against such loss. If the amount of the Agreement currency Currency so purchased is greater than the sum originally due to the Administrative Agent in such currency, the Administrative Agent agrees to return the amount of any excess to the Applicable Borrower (or to any other Person who may be entitled thereto under applicable law).

Judgment. If, for the purposes of obtaining judgment in any court, -------- it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of a Borrower the Borrowers in respect of any such sum due from it to the Administrative Agent hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “"Judgment Currency”") other than 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 of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent in the Agreement Currency, the Borrowers agreeCompany agrees, as a separate obligation and notwithstanding any such judgment, jointly and severally, to indemnify the Administrative Agent or the Person to whom such obligation was owing against such loss. If the amount of the Agreement currency so purchased is greater than the sum originally due to the Administrative Agent in such currency, the Administrative Agent agrees to return the amount of any excess to the Applicable Borrower Company (or to any other Person who may be entitled thereto under applicable law).

Judgment. If, for the purposes of obtaining judgment in any court, -------- it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of a Borrower the Borrowers in respect of any such sum due from it to the Administrative Agent hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “"Judgment Currency”") other than 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 of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent in the 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 obligation was owing against such loss. If the amount of the Agreement currency Currency so purchased is greater than the sum originally due to the Administrative Agent in such currency, the Administrative Agent agrees to return the amount of any excess to the Applicable Borrower Borrowers (or to any other Person who may be entitled thereto under applicable law).

Judgment. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of a Borrower Guarantor in respect of any such sum due from it to the Administrative Agent hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than 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 Exhibit I-11 following receipt by the Administrative Agent of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent in the Agreement Currency, the Borrowers agreeeach Guarantor agrees, as a separate obligation and notwithstanding any such judgment, jointly and severally, to indemnify the Administrative Agent or the Person to whom such obligation was owing against such loss. If the amount of the Agreement currency so purchased is greater than the sum originally due to the Administrative Agent in such currency, the Administrative Agent agrees to return the amount of any excess to the Applicable Borrower such Guarantor (or to any other Person who may be entitled thereto under applicable law).

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

Judgment. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or under any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Co-Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of a Borrower the Company in respect of any such sum due from it to the Agent, the Co-Administrative Agent or any Lender hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”"JUDGMENT CURRENCY") other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”"AGREEMENT CURRENCY"), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent or such Lender of any sum adjudged to be so due in the Judgment Currency, the Agent, the Co-Administrative Agent or such Lender may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Agent, the Co-Administrative Agent or such Lender in the Agreement Currency, the Borrowers agreeCompany agrees, as a separate obligation and notwithstanding any such judgment, jointly and severally, to indemnify the Agent, the Co-Administrative Agent or such Lender or the Person to whom such obligation was owing against such loss. If the amount of the Agreement currency Currency so purchased is greater than the sum originally due to the Agent, the Co-Administrative Agent or such Lender in such currency, the Agent, the Co-Administrative Agent or such Lender agrees to return the amount of any excess to the Applicable Borrower Company (or to any other Person who may be entitled thereto under applicable law).

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

Judgment. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of a Borrower in respect of any such sum due from it to the Administrative Agent hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than 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 of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent in the Agreement Currency, the Borrowers agreeBorrower agrees, as a separate obligation and notwithstanding any such judgment, jointly and severally, to indemnify the Administrative Agent or the Person to whom such obligation was owing against such loss. If the amount of the Agreement currency so purchased is greater than the sum originally due to the Administrative Agent in such currency, the Administrative Agent agrees to return the amount of any excess to the Applicable Borrower (or to any other Person who may be entitled thereto under applicable law).

Judgment. If, (a) If for the purposes purpose of obtaining judgment in any court, court it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another 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 Administrative Agent could purchase the first currency with such other currency in the city in which it normally conducts its foreign exchange operation for the first currency on the Business Day preceding that the day on which final judgment is given. (b) The obligation of a the Borrower in respect of any such sum due from it to the Administrative Agent any Lender hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than 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 such Lender of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent Currency such Lender may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If ; if the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent such Lender in the Agreement Currency, the Borrowers agree, as a separate obligation and Borrower agrees notwithstanding any such judgment, jointly and severally, judgment to indemnify the Administrative Agent or the Person to whom such obligation was owing Lender against such loss. If , and if the amount of the Agreement currency Currency so purchased is greater than exceeds the sum originally due to the Administrative Agent in any Lender, such currency, the Administrative Agent Lender agrees to return the amount of any excess remit to the Applicable Borrower (or to any other Person who may be entitled thereto under applicable law)such excess. 11.17.

Judgment. If, for the purposes of obtaining judgment in any court, it -------- is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase at the Spot Rate the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of a Borrower any Loan Party in respect of any such sum due from it to the Administrative Agent hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “"Judgment Currency”") other than 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 of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent may in accordance with normal banking procedures purchase the Agreement Currency 72 with the Judgment CurrencyCurrency at the Spot Rate. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent in the Agreement Currency, the Borrowers agreeeach Loan Party agrees, as a separate obligation and notwithstanding any such judgment, jointly and severally, to indemnify the Administrative Agent or the Person to whom such obligation was owing against such loss. If the amount of the Agreement currency so purchased is greater than the sum originally due to the Administrative Agent in such currency, the Administrative Agent agrees to return the amount of any excess to the Applicable Borrower applicable Loan Party (or to any other Person who may be entitled thereto under applicable law).

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

Judgment. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or under any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Co-Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of a Borrower the Company in respect of any such sum due from it to the Agent, the Co-Administrative Agent or any Lender hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than 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 of any sum adjudged to be so due in the Judgment Currency, the Agent, the Co-Administrative Agent or such Lender may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Agent, the Co-Administrative Agent or such Lender in the Agreement Currency, the Borrowers agreeCompany agrees, as a separate obligation and notwithstanding any such judgment, jointly and severally, to indemnify the Agent, the Co-Administrative Agent or - 83 - such Lender or the Person to whom such obligation was owing against such loss. If the amount of the Agreement currency Currency so purchased is greater than the sum originally due to the Agent, the Co-Administrative Agent or such Lender in such currency, the Agent, the Co-Administrative Agent or such Lender agrees to return the amount of any excess to the Applicable Borrower Company (or to any other Person who may be entitled thereto under applicable law).

Judgment. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of a each Borrower in respect of any such sum due from it to the Administrative Agent hereunder or under the any other Loan Documents Document shall, notwithstanding any judgment in a currency (the “"Judgment Currency”") other than 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 of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent in the Agreement Currency, the Borrowers agreeapplicable Borrower agrees, as a separate obligation and notwithstanding any such judgment, jointly and severally, to indemnify the Administrative Agent or the Person to whom such obligation was owing against such loss. If the amount of the Agreement currency Currency so purchased is greater than the sum originally due to the Administrative Agent in such currency, the Administrative Agent agrees to return the amount of any excess to the Applicable applicable Borrower (or to any other Person who may be entitled thereto under applicable law).

Judgment. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or under any other Loan Document Related Agreement in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent Agent, could purchase the first currency with such other currency on the Business Banking Day preceding that on which final judgment is given. The obligation of a Borrower in respect of any such sum due from it to the Administrative Agent or any Lender hereunder or under the other Loan Documents Related Agreements shall, notwithstanding any judgment in a currency (the “"Judgment Currency”") other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement or the other Related Agreements (the “"Agreement Currency”"), be discharged only to the extent that on the Business Banking Day following receipt by the Administrative Agent or such Lender of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent or such Lender may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent or such Lender in the Agreement Currencysuch currency, the Borrowers agreeBorrower agrees, as a separate obligation and notwithstanding any such judgment, jointly and severally, to indemnify the Administrative Agent Agent, Lender or the Person to whom such obligation was owing against such loss. If the amount of the Agreement currency Currency so purchased is greater than the sum originally due to the Administrative Agent or any Lender in such currency, the Administrative Agent or such Lender agrees to return the amount of any excess to the Applicable Borrower (or to any other Person who may be entitled thereto under applicable law).

Judgment. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or under any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of a Borrower BHI or any Subsidiary in respect of any such sum due from it to the Administrative Agent, the Collateral Agent or any Lender hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “"Judgment Currency”") other than 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 of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent or such Lender may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent or such Lender in the Agreement Currency, the Borrowers agreeeach Loan Party, as a separate obligation and notwithstanding any such judgment, jointly and severally, to indemnify the Administrative Agent or such Lender or the Person to whom such obligation was owing against such loss. If the amount of the Agreement currency Currency so purchased is greater than the sum originally due to the Administrative Agent or such Lender in such currency, the Administrative Agent or such Lender agrees to return the amount of any excess to the Applicable Borrower applicable Loan Party (or to any other Person who may be entitled thereto under applicable law).

Judgment. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or under any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal and customary banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of a the Borrower in respect of any such sum due from it to the Administrative Agent or any Lender hereunder or under the any other Loan Documents Document shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than 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 of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent or such Lender may in accordance with normal and customary banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent or such Lender in the Agreement Currency, the Borrowers agreeBorrower agrees, as a separate obligation and notwithstanding any such judgment, jointly and severally, to indemnify the Administrative Agent or the Person to whom such obligation was owing Lender against such loss. If the amount of the Agreement currency Currency so purchased is greater than the sum originally due to the Administrative Agent or such Lender in such currency, the Administrative Agent or such Lender agrees to return the amount of any excess to the Applicable Borrower (or to any other Person who may be entitled thereto under applicable lawApplicable Law).

Judgment. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of a Borrower in respect of any such sum due from it to the Administrative Agent hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than 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 of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent in the Agreement Currency, the Borrowers agreeapplicable Borrower agrees, as a separate obligation and notwithstanding any such judgment, jointly and severally, to indemnify the Administrative Agent or the Person to whom such obligation was owing against such loss. If the amount of the Agreement currency so purchased is greater than the sum originally due to the Administrative Agent in such currency, the Administrative Agent agrees to return the amount of any excess to the Applicable such Borrower (or to any other Person who may be entitled thereto under applicable law).. 115

Judgment. If, for the purposes purpose of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Credit Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Paying Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of a each of U.S. Borrower and Subsidiary Borrower in respect of any such sum due from it to the Administrative any Co-Agent or Lender hereunder or under the any other Loan Documents Credit Document shall, notwithstanding any judgment in a currency (the “"Judgment Currency”") other than 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 applicable Co-Agent or Lender of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent such Person may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative applicable Co-Agent in the Agreement Currency, the Borrowers agreeeach Borrower agrees, as a separate obligation and notwithstanding any such judgment, jointly and severally, to indemnify the Administrative Agent or the such Person to whom such obligation was owing against such loss. If the amount of the Agreement currency Currency so purchased is greater than the sum originally due to the Administrative applicable Co-Agent or Lender in such currency, the Administrative Agent such Person agrees to return the amount of any excess to the Applicable Borrower applicable Loan Party (or to any other Person who may be entitled thereto under applicable law).

Judgment. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of a the Borrower in respect of any such sum due from it to the Administrative Agent hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “"Judgment Currency”") other than 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 of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent in the Agreement Currency, the Borrowers agreeBorrower agrees, as a separate obligation and notwithstanding any such judgment, jointly and severally, to indemnify the Administrative Agent or the Person to whom such obligation was owing against such loss. If the amount of the Agreement currency Currency so purchased is greater than the sum originally due to the Administrative Agent in such currency, the Administrative Agent agrees to return the amount of any excess to the Applicable Borrower (or to any other Person who may be entitled thereto under applicable law).

Judgment. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or under any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal and customary banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of a each Borrower in respect of any such sum due from it to the Administrative either Agent or any Lender hereunder or under the any other Loan Documents Document shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than 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 such Agent or such Lender of any sum adjudged to be so due in the Judgment Currency, the Administrative such Agent or such Lender may in accordance with normal and customary banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative such Agent or such Lender in the Agreement Currency, the Borrowers agreeapplicable Borrower agrees, as a separate obligation and notwithstanding any such judgment, jointly and severally, to indemnify the Administrative such Agent or the Person to whom such obligation was owing Lender against such loss. If the amount of the Agreement currency Currency so purchased is greater than the sum originally due to the Administrative such Agent or such Lender in such currency, the Administrative such Agent or such Lender agrees to return the amount of any excess to the Applicable applicable Borrower (or to any other Person who may be entitled thereto under applicable lawApplicable Law).

Judgment. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of a Borrower in respect of any such sum due from it to the Administrative Agent hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than 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 of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent in the Agreement Currency, the Borrowers agreeapplicable Borrower agrees, as a separate obligation and notwithstanding any such judgment, jointly and severally, to indemnify the Administrative Agent or the Person to whom such obligation was owing against such loss. If the amount of the Agreement currency so purchased is greater than the sum originally due to the Administrative Agent in such currency, the Administrative Agent agrees to return the amount of any excess to the Applicable such Borrower (or to any other Person who may be entitled thereto under applicable law).. 118

Judgment. If, for the purposes of obtaining judgment in any court, it -------- is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase at the Spot Rate the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of a Borrower any Loan Party in respect of any such sum due from it to the Administrative Agent hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “"Judgment Currency”") other than 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 of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment CurrencyCurrency at the Spot Rate. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent in the Agreement Currency, the Borrowers agreeeach Loan Party agrees, as a separate obligation and notwithstanding any such judgment, jointly and severally, to indemnify the Administrative Agent or the Person to whom such obligation was owing against such loss. If the amount of the Agreement currency so purchased is greater than the sum originally due to the Administrative Agent in such currency, the Administrative Agent agrees to return the amount of any excess to the Applicable Borrower applicable Loan Party (or to any other Person who may be entitled thereto under applicable law).

Judgment. If, for the purposes of obtaining judgment in any court, it -------- is necessary to convert a sum due hereunder or under any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of a Borrower the Company in respect of any such sum due from it to the Administrative Agent or any Lender hereunder or under the any other Loan Documents Document shall, notwithstanding any judgment in a currency (the “"Judgment -------- Currency”") other than 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 of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent or such Lender may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent or such Lender in the Agreement Currency, the Borrowers agreeCompany agrees, as a separate obligation and notwithstanding any such judgment, jointly and severally, to indemnify the Administrative Agent or the Person to whom such obligation was owing Lender against such loss. If the amount of the Agreement currency Currency so purchased is greater than the sum originally due to the Administrative Agent or such Lender in such currency, the Administrative Agent or such Lender agrees to return the amount of any excess to the Applicable Borrower Company (or to any other Person who may be entitled thereto under applicable law).

Judgment. If, for the purposes of obtaining judgment in any court, -------- it is necessary to convert a sum due hereunder or under any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of a Borrower the Borrowers in respect of any such sum due from it to the Administrative Agent hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “"Judgment Currency”") other than 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 of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent in the 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 obligation was owing against such loss. If the amount of the Agreement currency so purchased is greater than the sum originally due to the Administrative Agent in such currency, the Administrative Agent agrees to return the amount of any excess to the Applicable Borrower Borrowers (or to any other Person who may be entitled thereto under applicable law).

Judgment. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or under any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of a each Borrower in respect of any such sum due from it to the Administrative Agent, Canadian Agent or any Lender hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “"Judgment Currency”") other than 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, Canadian Agent or such Lender of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent or such Lender may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent, Canadian Agent or such Lender in the Agreement Currency, the Borrowers agreeeach Borrower agrees, as a separate obligation and notwithstanding any such judgment, jointly and severally, to indemnify the Administrative Agent, Canadian Agent or such Lender or the Person to whom such obligation was owing against such loss. If the amount of the Agreement currency Currency so purchased is greater than the sum originally due to the Administrative Agent, Canadian Agent or such Lender in such currency, the Administrative Agent, Canadian Agent or such Lender agrees to return the amount of any excess to the Applicable applicable Borrower (or to any other Person who may be entitled thereto under applicable law).

Judgment. If, for the purposes of obtaining judgment in any -------- court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with its normal banking procedures the Administrative Post-Petition Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of a Borrower each Guarantor in respect of any such sum due from it to the Administrative Post-Petition Agent hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “"Judgment Currency”") other than that ----------------- in which such sum is denominated in accordance with the applicable provisions of this Agreement Guaranty (the “"Agreement Currency”"), be discharged ------------------ only to the extent that on the Business Day following receipt by the Administrative Post-Petition Agent of any sum adjudged to be so due in the Judgment Currency, the Administrative Post-Petition Agent may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Post-Petition Agent in the Agreement Currency, the Borrowers agreeeach Guarantor agrees, as a separate obligation and notwithstanding any such judgment, jointly and severally, to indemnify the Administrative Post-Petition Agent or the Person to whom such obligation was owing against such loss. If the amount of the Agreement currency so purchased is greater than the sum originally due to the Administrative Agent in such currency, the Administrative Agent agrees to return the amount of any excess to the Applicable Borrower (or to any other Person who may be entitled thereto under applicable law).

Judgment. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of a Borrower in respect of any such sum due from it to the Administrative Agent hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than 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 of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent in the Agreement Currency, the Borrowers agreeapplicable Borrower agrees, as a separate obligation and notwithstanding any such judgment, jointly and severally, to indemnify the Administrative Agent or the Person to whom such obligation was owing against such loss. If the amount of the Agreement currency so purchased is greater than the sum originally due to the Administrative Agent in such currency, the Administrative Agent agrees to return the amount of any excess to the Applicable such Borrower (or to any other Person who may be entitled thereto under applicable law).. 100

Judgment. If, for the purposes of obtaining judgment in any court, -------- it is necessary to convert a sum due hereunder or under any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of a each Borrower in respect of any such sum due from it to the Administrative Agent or any Lender hereunder or under the any other Loan Documents Document shall, notwithstanding any judgment in a currency (the “"Judgment Currency”") other than 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 of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent or such Lender may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent or such Lender in the Agreement Currency, the Borrowers agreeapplicable Borrower agrees, as a separate obligation and notwithstanding any such judgment, jointly and severally, to indemnify the Administrative Agent Agent, such Lender or the Person to whom such obligation was owing against such loss. If the amount of the Agreement currency Currency so purchased is greater than the sum originally due to the Administrative Agent or such Lender in such currency, the Administrative Agent or such Lender agrees to return the amount of any excess to the Applicable applicable Borrower (or to any other Person who may be entitled thereto under applicable law).

Judgment. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of a the Borrower in respect of any such sum due from it to the Administrative Agent and the Lenders hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “"Judgment Currency”") other than 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 of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent and the Lenders in the Agreement Currency, the Borrowers agreeBorrower agrees, as a separate obligation and notwithstanding any such judgment, jointly and severally, to indemnify the Administrative Agent or the Person to whom such obligation was owing against such loss. If the amount of the Agreement currency Currency so purchased is greater than the sum originally due to the Administrative Agent and the Lenders in such currency, the Administrative Agent agrees to return the amount of any excess to the Applicable Borrower (or to any other Person who may be entitled thereto under applicable law).

Judgment. If, for the purposes of obtaining judgment in any -------- court, it is necessary to convert a sum due hereunder or under any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of a Borrower the Company in respect of any such sum due from it to the Administrative Agent or any Lender hereunder or under the any other Loan Documents Document shall, notwithstanding any judgment in a currency (the “"Judgment Currency”") other than 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 of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent or such Lender may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent or such Lender in the Agreement Currency, the Borrowers agreeCompany agrees, as a separate obligation and notwithstanding any such judgment, jointly and severally, to indemnify the Administrative Agent or the Person to whom such obligation was owing Lender against such loss. If the amount of the Agreement currency Currency so purchased is greater than the sum originally due to the Administrative Agent or such Lender in such currency, the Administrative Agent or such Lender agrees to return the amount of any excess to the Applicable Borrower Company (or to any other Person who may be entitled thereto under applicable law).

Judgment. If, for the purposes of obtaining judgment in any court, it -------- is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of a Borrower the Borrowers in respect of any such sum due from it to the Administrative Agent hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “"Judgment Currency”") other than 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 of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent in the Agreement Currency, the Borrowers agreeCompany agrees, as a separate obligation and notwithstanding any such judgment, jointly and severally, to indemnify the Administrative Agent or the Person to whom such obligation was owing against such loss. If the amount of the Agreement currency so purchased is greater than the sum originally due to the Administrative Agent in such currency, the Administrative Agent agrees to return the amount of any excess to the Applicable Borrower Company (or to any other Person who may be entitled thereto under applicable law).

Judgment. If, for the purposes of obtaining judgment in any court, it -------- is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Post-Petition Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of a the Borrower in respect of any such sum due from it to the Administrative Post-Petition Agent and the Lenders hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “"Judgment Currency”") other than 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 Post-Petition Agent of any sum adjudged to be so due in the Judgment Currency, the Administrative Post-Petition Agent may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Post-Petition Agent and the Lenders in the Agreement Currency, the Borrowers agreeBorrower agrees, as a separate obligation and notwithstanding any such judgment, jointly and severally, to indemnify the Administrative Post-Petition Agent or the Person to whom such obligation was owing against such loss. If the amount of the Agreement currency Currency so purchased is greater than the sum originally due to the Administrative Post-Petition Agent and the Lenders in such currency, the Administrative Post-Petition Agent agrees to return the amount of any excess to the Applicable Borrower (or to any other Person who may be entitled thereto under applicable law).