HAVE BEEN RECEIVED BY SUCH LENDER.
SECTION 11.15. CONVERSION OF CURRENCIES. (A)
IF, FOR THE PURPOSE OF OBTAINING
JUDGMENT IN ANY COURT, IT IS NECESSARY TO CONVERT A SUM OWING HEREUNDER IN ONE
CURRENCY INTO ANOTHER CURRENCY, EACH PARTY HERETO AGREES, TO THE FULLEST EXTENT
THAT IT MAY EFFECTIVELY DO SO, THAT THE RATE OF EXCHANGE USED SHALL BE THAT AT
WHICH IN ACCORDANCE WITH NORMAL BANKING PROCEDURES IN THE RELEVANT JURISDICTION
THE FIRST CURRENCY COULD BE PURCHASED WITH SUCH OTHER CURRENCY ON THE BUSINESS
DAY IMMEDIATELY PRECEDING THE DAY ON WHICH FINAL JUDGMENT IS GIVEN.
(B)
THE OBLIGATIONS OF EACH PARTY HERETO IN RESPECT OF ANY SUM DUE TO ANY OTHER
PARTY HERETO OR ANY HOLDER OF THE OBLIGATIONS OWING HEREUNDER (THE "APPLICABLE
CREDITOR") SHALL, NOTWITHSTANDING ANY JUDGMENT IN A CURRENCY (THE "JUDGMENT
CURRENCY") OTHER THAN THE CURRENCY IN WHICH SUCH SUM IS STATED TO BE DUE
HEREUNDER (THE "AGREEMENT CURRENCY"), BE DISCHARGED ONLY TO THE EXTENT THAT, ON
THE BUSINESS DAY FOLLOWING RECEIPT BY THE APPLICABLE CREDITOR OF ANY SUM
ADJUDGED TO BE SO DUE IN THE JUDGMENT CURRENCY, THE APPLICABLE CREDITOR MAY IN
ACCORDANCE WITH NORMAL BANKING PROCEDURES IN THE RELEVANT JURISDICTION 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
APPLICABLE CREDITOR IN THE AGREEMENT CURRENCY, THE COMPANY AGREES, AS A SEPARATE
OBLIGATION AND NOTWITHSTANDING ANY SUCH JUDGMENT, TO INDEMNIFY THE APPLICABLE
CREDITOR AGAINST SUCH LOSS. THE OBLIGATIONS OF EACH PARTY HERETO CONTAINED IN
THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT AND THE PAYMENT OF
ALL OTHER AMOUNTS OWING HEREUNDER.
SECTION 11.16. RELEASE OF SUBSIDIARY CREDIT PARTIES AND COLLATERAL. (A)
NOTWITHSTANDING ANY CONTRARY PROVISION HEREIN OR IN ANY OTHER LOAN DOCUMENT,
(I) UPON ANY SALE OR OTHER TRANSFER BY ANY CREDIT PARTY OF ANY COLLATERAL
CONSISTING OF INVENTORY OR USED, SURPLUS, OBSOLETE OR OUTMODED EQUIPMENT, THE
SECURITY INTEREST IN SUCH COLLATERAL SHALL AUTOMATICALLY BE RELEASED AND (II) IF
THE COMPANY SHALL REQUEST THE RELEASE UNDER ANY CREDIT SUPPORT DOCUMENT OF ANY
SUBSIDIARY CREDIT PARTY, OR ANY COLLATERAL, TO BE SOLD OR OTHERWISE DISPOSED OF
(INCLUDING THROUGH THE SALE OR DISPOSITION OF ANY SUBSIDIARY OWNING ANY SUCH
SUBSIDIARY CREDIT PARTY OR SUCH COLLATERAL) TO A PERSON OTHER THAN THE COMPANY
OR A SUBSIDIARY IN A TRANSACTION PERMITTED UNDER THE TERMS OF THIS AGREEMENT AND
SHALL DELIVER TO THE COLLATERAL AGENT A CERTIFICATE EXECUTED BY A FINANCIAL
OFFICER TO THE EFFECT THAT SUCH SALE OR OTHER DISPOSITION WILL COMPLY WITH THE
TERMS OF THIS AGREEMENT, THEN, IF
100
THE COLLATERAL AGENT IS SATISFIED THAT SUCH CERTIFICATE IS CORRECT, THE
COLLATERAL AGENT SHALL, WITHOUT THE CONSENT OF ANY LENDER, EXECUTE AND DELIVER
ALL SUCH RELEASES OR OTHER AGREEMENTS OR INSTRUMENTS, AND TAKE ALL SUCH FURTHER
ACTIONS, AS SHALL BE NECESSARY TO EFFECTUATE THE RELEASE OF SUCH SUBSIDIARY
CREDIT PARTY OR SUCH COLLATERAL SUBSTANTIALLY SIMULTANEOUSLY WITH OR AT ANY TIME
AFTER THE COMPLETION OF SUCH SALE OR OTHER DISPOSITION. IF