EXPRESSED IN OR CONVERTED INTO ANY CURRENCY OTHER THAN THE OBLIGATION CURRENCY,
EXCEPT TO THE EXTENT THAT SUCH TENDER OR RECOVERY RESULTS IN THE EFFECTIVE
RECEIPT BY THE COLLATERAL AGENT OF THE FULL AMOUNT OF THE OBLIGATION CURRENCY
EXPRESSED TO BE PAYABLE TO THE COLLATERAL AGENT UNDER THE INDENTURE DOCUMENTS.
IF, FOR THE PURPOSE OF OBTAINING OR ENFORCING JUDGMENT AGAINST THE CHARGOR IN
ANY COURT OR IN ANY JURISDICTION, IT BECOMES NECESSARY TO CONVERT INTO OR FROM
ANY CURRENCY OTHER THAN THE OBLIGATION CURRENCY (SUCH OTHER CURRENCY BEING
HEREINAFTER REFERRED TO AS THE "JUDGMENT CURRENCY") AN AMOUNT DUE IN THE
OBLIGATION CURRENCY, THE CONVERSION SHALL BE MADE, AT THE RATE OF EXCHANGE (AS
QUOTED BY THE COLLATERAL AGENT OR, IF THE COLLATERAL AGENT DOES NOT QUOTE A RATE
OF EXCHANGE ON SUCH CURRENCY, BY A KNOWN DEALER IN SUCH CURRENCY DESIGNATED BY
THE COLLATERAL AGENT) DETERMINED, IN EACH CASE, AS OF THE DATE IMMEDIATELY
PRECEDING THE DAY ON WHICH THE JUDGMENT IS GIVEN (SUCH BUSINESS DAY BEING
HEREINAFTER REFERRED TO AS THE "JUDGMENT CURRENCY CONVERSION DATE").
19.1.2
IF THERE IS A CHANGE IN THE RATE OF EXCHANGE PREVAILING
BETWEEN THE JUDGMENT CURRENCY CONVERSION DATE AND THE DATE OF ACTUAL PAYMENT OF
THE AMOUNT DUE, THE CHARGOR COVENANTS AND AGREES TO PAY, OR CAUSE TO BE PAID,
SUCH ADDITIONAL AMOUNTS, IF ANY (BUT IN ANY EVENT NOT A LESSER AMOUNT), AS MAY
BE NECESSARY TO ENSURE THAT THE AMOUNT PAID IN THE JUDGMENT CURRENCY, WHEN
CONVERTED AT THE RATE OF EXCHANGE PREVAILING ON THE DATE OF PAYMENT, WILL
PRODUCE THE AMOUNT OF THE OBLIGATION CURRENCY THAT COULD HAVE BEEN PURCHASED
WITH THE AMOUNT OF JUDGMENT CURRENCY STIPULATED IN THE JUDGMENT OR JUDICIAL
AWARD AT THE RATE OF EXCHANGE PREVAILING ON THE JUDGMENT CURRENCY CONVERSION
DATE.
21
19.1.3
FOR PURPOSES OF DETERMINING THE RATE OF EXCHANGE FOR THIS
CLAUSE 19.1, SUCH AMOUNTS SHALL INCLUDE ANY PREMIUM AND COSTS PAYABLE IN
CONNECTION WITH THE PURCHASE OF THE OBLIGATION CURRENCY.
19.2
INDEMNITIES SEPARATE
The indemnity in this Deed shall:
19.2.1
NOT LIMIT ANY INDEMNIFICATION PROVISION IN ANY OTHER
INDENTURE DOCUMENT;
19.2.2
APPLY IRRESPECTIVE OF ANY INDULGENCE GRANTED BY ANY SECURED
PARTY;
19.2.3
CONTINUE IN FULL FORCE AND EFFECT DESPITE ANY JUDGMENT,
ORDER, CLAIM OR PROOF FOR A LIQUIDATED AMOUNT IN RESPECT OF ANY OBLIGATION OR
ANY OTHER JUDGMENT OR ORDER; AND
19.2.4
APPLY WHETHER OR NOT ANY CLAIM UNDER IT RELATES TO ANY
MATTER DISCLOSED BY THE CHARGOR OR OTHERWISE KNOWN TO ANY SECURED PARTY.
19.3
OTHER INDEMNITIES AND PROTECTIONS
EXCEPT IN THE CASE OF GROSS NEGLIGENCE OR WILFUL MISCONDUCT ON THE PART OF THE
COLLATERAL AGENT, ANY RECEIVER OR ANY DELEGATE, THE COLLATERAL AGENT SHALL BE
INDEMNIFIED BY THE CHARGOR FROM AND AGAINST ALL ACTIONS, LOSSES, CLAIMS,
PROCEEDINGS, COSTS, DEMANDS AND LIABILITIES WHICH MAY BE SUFFERED BY THE
COLLATERAL AGENT BY REASON OF ANY FAILURE OF THE CHARGOR TO PERFORM ANY OF ITS
OBLIGATIONS UNDER THIS DEED OR IN THE EXECUTION OF ANY OF THE RIGHTS, POWERS,
REMEDIES, AUTHORITIES OR DISCRETIONS VESTED