THE PURPOSES OF THIS SECTION 6.10, THE "CANADIAN 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 CANADIAN OBLIGATION CURRENCY, EXCEPT TO THE EXTENT THAT SUCH TENDER OR
RECOVERY RESULTS IN THE EFFECTIVE RECEIPT BY THE CANADIAN AGENT OR A SECURED
PARTY OF THE FULL AMOUNT OF THE CANADIAN OBLIGATION CURRENCY EXPRESSED TO BE
PAYABLE TO THE CANADIAN AGENT OR A SECURED PARTY UNDER THIS AGREEMENT OR THE
OTHER LOAN DOCUMENTS. IF, FOR THE PURPOSE OF OBTAINING OR ENFORCING JUDGMENT
AGAINST ANY PARTY TO THIS AGREEMENT IN ANY COURT OR IN ANY JURISDICTION, IT
BECOMES NECESSARY TO CONVERT INTO OR FROM ANY CURRENCY OTHER THAN THE CANADIAN
OBLIGATION CURRENCY (FOR THE PURPOSES OF THIS SECTION 6.10, SUCH OTHER CURRENCY
BEING HEREINAFTER REFERRED TO AS THE "JUDGMENT CURRENCY") AN AMOUNT DUE IN THE
CANADIAN OBLIGATION CURRENCY, THE CONVERSION SHALL BE MADE, AT THE RATE OF
EXCHANGE PREVAILING, IN EACH CASE, AS OF THE DATE IMMEDIATELY PRECEDING THE DAY
ON WHICH THE JUDGMENT IS GIVEN (FOR THE PURPOSES OF THIS SECTION 6.10, SUCH
BUSINESS DAY BEING HEREINAFTER REFERRED TO AS THE "JUDGMENT CURRENCY CONVERSION
DATE").
19
(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 party to this Agreement 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 Canadian 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 the prevailing rate of exchange, such
amounts shall include any premium and costs payable in connection with the
purchase of the Canadian Obligation Currency.
SECTION 6.11.
WAIVER OF JURY TRIAL.EACH PARTY HERETO HEREBY WAIVES, TO THE
FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY
JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING
TO THIS AGREEMENT, ANY OTHER LOAN DOCUMENT OR THE TRANSACTIONS CONTEMPLATED
HEREBY (WHETHER BASED ON CONTRACT, TORT OR ANY OTHER THEORY). EACH PARTY HERETO
(A) CERTIFIES THAT NO REPRESENTATIVE, AGENT OR ATTORNEY OF ANY OTHER PARTY HAS
REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PARTY WOULD NOT, IN THE
EVENT OF LITIGATION, SEEK TO ENFORCE THE FOREGOING WAIVER AND (B) ACKNOWLEDGES
THAT IT AND THE OTHER PARTIES HERETO HAVE BEEN INDUCED TO ENTER INTO THIS
AGREEMENT BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS
SECTION.
SECTION 6.12.
HEADINGS.
ARTICLE AND SECTION HEADINGS AND THE TABLE OF CONTENTS
USED HEREIN ARE FOR CONVENIENCE OF