OBLIGOR UNDER
THE FUNDAMENTAL DOCUMENTS IN THE FOLLOWING ORDER:
(I)
FIRST, IN OR TOWARDS PAYMENT PRO RATA OF ANY UNPAID FEES, COSTS AND
EXPENSES OF THE AGENT AND ISSUER UNDER THE FUNDAMENTAL DOCUMENTS;
(II)
SECONDLY, IN OR TOWARDS PAYMENT PRO RATA OF ANY ACCRUED INTEREST, FEE
OR COMMISSION DUE BUT UNPAID UNDER THIS AGREEMENT;
(III)
THIRDLY, IN OR TOWARDS PAYMENT PRO RATA OF ANY PRINCIPAL DUE BUT
UNPAID UNDER THIS AGREEMENT; AND
(IV)
FOURTHLY, IN OR TOWARDS PAYMENT PRO RATA OF ANY OTHER SUM DUE BUT
UNPAID UNDER THE FUNDAMENTAL DOCUMENTS.
(B)
THE AGENT SHALL, IF SO DIRECTED BY THE MAJORITY LENDERS, VARY THE
ORDER SET OUT IN PARAGRAPHS (A)(II) TO (IV) ABOVE.
(C)
PARAGRAPHS (A) AND (B) ABOVE WILL OVERRIDE ANY APPROPRIATION MADE BY
THE OBLIGOR.
9.1.6
NO SET-OFF BY OBLIGORS
All payments to be made by the Obligor under the Fundamental Documents shall be
calculated and be made without (and free and clear of any deduction for) set-off
or counterclaim.
9.1.7
BUSINESS DAYS
(A)
ANY PAYMENT WHICH IS DUE TO BE MADE ON A DAY THAT IS NOT A BUSINESS
DAY SHALL BE MADE ON THE NEXT BUSINESS DAY IN THE SAME CALENDAR MONTH (IF THERE
IS ONE) OR THE PRECEDING BUSINESS DAY (IF THERE IS NOT).
(B)
DURING ANY EXTENSION OF THE DUE DATE FOR PAYMENT OF ANY PRINCIPAL OR
UNPAID SUM UNDER THIS AGREEMENT INTEREST IS PAYABLE ON THE PRINCIPAL OR UNPAID
SUM AT THE RATE PAYABLE ON THE ORIGINAL DUE DATE.
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9.1.8
CURRENCY OF ACCOUNT
(A)
SUBJECT TO PARAGRAPHS (B) TO (E) BELOW, THE BASE CURRENCY IS THE
CURRENCY OF ACCOUNT AND PAYMENT FOR ANY SUM DUE FROM THE OBLIGOR UNDER ANY
FUNDAMENTAL DOCUMENT.
(B)
A REPAYMENT OF AN UNPAID SUM SHALL BE MADE IN THE CURRENCY IN WHICH
THAT UNPAID SUM IS DENOMINATED ON ITS DUE DATE.
(C)
EACH PAYMENT OF INTEREST SHALL BE MADE IN THE CURRENCY IN WHICH THE
SUM IN RESPECT OF WHICH THE INTEREST IS PAYABLE WAS DENOMINATED WHEN THAT
INTEREST ACCRUED.
(D)
EACH PAYMENT IN RESPECT OF COSTS, EXPENSES OR TAXES SHALL BE MADE IN
THE CURRENCY IN WHICH THE COSTS, EXPENSES OR TAXES ARE INCURRED.
(E)
ANY AMOUNT EXPRESSED TO BE PAYABLE IN A CURRENCY OTHER THAN THE BASE
CURRENCY SHALL BE PAID IN THAT OTHER CURRENCY.
9.1.9
CHANGE OF CURRENCY
(A)
UNLESS OTHERWISE PROHIBITED BY LAW, IF MORE THAN ONE CURRENCY OR
CURRENCY UNIT ARE AT THE SAME TIME RECOGNIZED BY THE CENTRAL BANK OF ANY COUNTRY
AS THE LAWFUL CURRENCY OF THAT COUNTRY, THEN:
(I)
ANY REFERENCE IN THE FUNDAMENTAL DOCUMENTS TO, AND ANY OBLIGATIONS
ARISING UNDER THE FUNDAMENTAL DOCUMENTS IN, THE CURRENCY OF THAT COUNTRY SHALL
BE TRANSLATED INTO, OR PAID IN, THE CURRENCY OR CURRENCY UNIT OF THAT COUNTRY
DESIGNATED BY THE AGENT (AFTER CONSULTATION WITH THE OBLIGOR); AND
(II)
ANY TRANSLATION FROM ONE CURRENCY OR CURRENCY UNIT TO ANOTHER SHALL
BE AT THE OFFICIAL RATE OF EXCHANGE RECOGNIZED BY THE CENTRAL BANK FOR THE
CONVERSION OF THAT CURRENCY OR CURRENCY UNIT