DOLLARS OR IN THE
APPLICABLE ALTERNATE CURRENCY AS PROVIDED FOR HEREIN, (IN ANY SUCH CASE, THE
"OBLIGATION CURRENCY") SHALL NOT BE DISCHARGED OR SATISFIED BY ANY TENDER OR
RECOVERY PURSUANT TO ANY JUDGMENT 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 ADMINISTRATIVE AGENT, THE
ISSUING AGENT, THE RESPECTIVE FRONTING LENDER OR THE RESPECTIVE LENDER OF THE
FULL AMOUNT OF THE OBLIGATION CURRENCY EXPRESSED TO BE PAYABLE TO THE
ADMINISTRATIVE AGENT, THE ISSUING AGENT, SUCH FRONTING LENDER OR SUCH LENDER
UNDER THIS AGREEMENT OR THE OTHER CREDIT DOCUMENTS.
IF, FOR THE PURPOSE OF
OBTAINING OR ENFORCING JUDGMENT AGAINST ANY CREDIT PARTY 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 BASED ON THE RESPECTIVE SPOT EXCHANGE RATE AS QUOTED BY
THE ADMINISTRATIVE AGENT AS OF 11:00 A.M. (LONDON TIME) ON THE BUSINESS DAY
IMMEDIATELY PRECEDING THE DAY ON WHICH THE JUDGMENT IS GIVEN (SUCH BUSINESS DAY
BEING HEREINAFTER REFERRED TO AS THE "JUDGMENT CURRENCY CONVERSION DATE").
(b)
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, each Credit Party 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 which 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.
(c)
For purposes of determining any rate of
exchange for this Section, such amounts shall include any premium and costs
payable in connection with the purchase of the Obligation Currency.
SECTION 10.15.
CALCULATIONS.
FOR PURPOSES OF THIS AGREEMENT, THE DOLLAR
EQUIVALENT OF EACH ALTERNATE CURRENCY LOAN AND THE DOLLAR EQUIVALENT OF THE
STATED AMOUNT OF EACH ALTERNATE CURRENCY LETTER OF CREDIT SHALL BE CALCULATED ON
THE DATE WHEN ANY SUCH LOAN IS MADE, SUCH LETTER OF CREDIT IS ISSUED, ON THE
FIRST BUSINESS DAY OF EACH MONTH THEREAFTER AND, UPON AT LEAST TWO BUSINESS DAYS
PRIOR NOTICE TO THE BORROWERS, AT SUCH OTHER TIMES AS REASONABLY DESIGNATED BY
THE ADMINISTRATIVE AGENT.
SUCH DOLLAR EQUIVALENT SHALL REMAIN IN EFFECT UNTIL
THE SAME IS RECALCULATED BY THE ADMINISTRATIVE AGENT AS PROVIDED ABOVE AND
NOTICE OF SUCH RECALCULATION IS RECEIVED BY THE BORROWERS, IT BEING UNDERSTOOD
THAT UNTIL SUCH NOTICE OF SUCH RECALCULATION IS RECEIVED, THE DOLLAR EQUIVALENT
SHALL BE THAT DOLLAR EQUIVALENT AS LAST REPORTED TO THE BORROWERS BY THE
ADMINISTRATIVE AGENT.