DOCUMENTS.
IF, FOR THE PURPOSE OF OBTAINING OR ENFORCING JUDGMENT AGAINST ANY
LOAN PARTY IN ANY COURT
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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 ADMINISTRATIVE AGENT'S
QUOTED RATE OF EXCHANGE PREVAILING, 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").
(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, THE LOAN PARTIES EACH COVENANT AND AGREE 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.
ANY AMOUNT DUE FROM A LOAN PARTY UNDER THIS SECTION 9.15 SHALL BE DUE AS
A SEPARATE DEBT AND SHALL NOT BE AFFECTED BY JUDGMENT BEING OBTAINED FOR ANY
OTHER AMOUNTS DUE UNDER OR IN RESPECT OF ANY OF THE LOAN DOCUMENTS.
(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 OBLIGATION CURRENCY.
SECTION 9.16
Canadian Anti-Money Laundering Legislation.
(A)
THE BORROWER ACKNOWLEDGES THAT, PURSUANT TO THE PROCEEDS OF CRIME
(MONEY LAUNDERING) AND TERRORIST FINANCING ACT (CANADA) AND OTHER APPLICABLE
CANADIAN ANTI-MONEY LAUNDERING, ANTI-TERRORIST FINANCING, GOVERNMENT SANCTION
AND "KNOW YOUR CLIENT" LAWS (COLLECTIVELY, INCLUDING ANY GUIDELINES OR ORDERS
THEREUNDER, "AML LEGISLATION"), THE LENDERS, THE ISSUING BANK AND THE
ADMINISTRATIVE AGENT MAY BE REQUIRED TO OBTAIN, VERIFY AND RECORD INFORMATION
REGARDING THE BORROWER AND ITS DIRECTORS, AUTHORIZED SIGNING OFFICERS, DIRECT OR
INDIRECT SHAREHOLDERS OR OTHER PERSONS IN CONTROL OF THE BORROWER, AND THE
TRANSACTIONS CONTEMPLATED HEREBY AND IN THAT REGARD, WITHOUT LIMITING THE
GENERALITY OF THE FOREGOING, MAY REQUIRE THAT THE AUTHORIZED SIGNING OFFICERS OF
EACH OF THE RELEVANT LOAN PARTIES WHO WILL BE SIGNING THIS AGREEMENT, AND OTHER
LOAN DOCUMENTS (EACH, A "SIGNATORY") SHALL HAVE MADE THEMSELVES AVAILABLE TO THE
ADMINISTRATIVE AGENT IN PERSON, AND SHALL HAVE PRODUCED TO THE ADMINISTRATIVE
AGENT A MINIMUM OF TWO UNEXPIRED IDENTIFICATION DOCUMENTS (AT LEAST ONE OF WHICH
MUST BE A BIRTH CERTIFICATE, DRIVER'S LICENSE, PASSPORT, PROVINCIAL HEALTH
INSURANCE CARD, IF PERMITTED BY THE APPLICABLE PROVINCIAL LAW, OR OTHER
GOVERNMENT-ISSUED DOCUMENT) AND PERMITTED EXAMINATION AND THE MAKING OF COPIES
OF SAME WITH A VIEW TO THE ADMINISTRATIVE AGENT GATHERING THE FULL NAMES OF, AND
THE DATES OF