THE PRINCIPAL AT THE RATE PAYABLE ON THE ORIGINAL DUE DATE.
33.8
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 AN
OBLIGOR UNDER ANY FINANCE DOCUMENT.
(B)
A REPAYMENT OF A UTILISATION OR UNPAID
SUM OR A PART OF A UTILISATION OR UNPAID SUM SHALL BE MADE IN THE CURRENCY IN
WHICH THAT UTILISATION OR 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.
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33.9
CHANGE OF CURRENCY
(A)
UNLESS OTHERWISE PROHIBITED BY LAW, IF
MORE THAN ONE CURRENCY OR CURRENCY UNIT ARE AT THE SAME TIME RECOGNISED BY THE
CENTRAL BANK OF ANY COUNTRY AS THE LAWFUL CURRENCY OF THAT COUNTRY, THEN:
(I)
ANY REFERENCE IN THE FINANCE DOCUMENTS TO, AND ANY
OBLIGATIONS ARISING UNDER THE FINANCE 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 FACILITY AGENT (AFTER CONSULTATION WITH THE PARENT);
AND
(II)
ANY TRANSLATION FROM ONE CURRENCY OR CURRENCY UNIT TO
ANOTHER SHALL BE AT THE OFFICIAL RATE OF EXCHANGE RECOGNISED BY THE CENTRAL BANK
FOR THE CONVERSION OF THAT CURRENCY OR CURRENCY UNIT INTO THE OTHER, ROUNDED UP
OR DOWN BY THE FACILITY AGENT (ACTING REASONABLY).
(B)
IF A CHANGE IN ANY CURRENCY OF A COUNTRY
OCCURS, THIS AGREEMENT WILL, TO THE EXTENT THE FACILITY AGENT (ACTING REASONABLY
AND AFTER CONSULTATION WITH THE PARENT) SPECIFIES TO BE NECESSARY, BE AMENDED TO
COMPLY WITH ANY GENERALLY ACCEPTED CONVENTIONS AND MARKET PRACTICE IN THE
RELEVANT INTERBANK MARKET AND OTHERWISE TO REFLECT THE CHANGE IN CURRENCY.
34.
SET-OFF
A Finance Party may set off any matured obligation due from an Obligor under the
Finance Documents (to the extent beneficially owned by that Finance Party)
against any matured obligation owed by that Finance Party to that Obligor,
regardless of the place of payment, booking branch or currency of either
obligation.
If the obligations are in different currencies, the Finance Party
may convert either obligation at a market rate of exchange in its usual course
of business for the purpose of the set-off.
35.
APPLICATION OF PROCEEDS
35.1
ORDER OF APPLICATION
All monies from time to time received or recovered by the Security Trustee under
Clause 30.2 (Parallel Debt (Covenant to pay the Security Trustee)) and/or in
connection with the realisation or enforcement of all or any part of the
Transaction Security shall be held by the Security Trustee on trust to apply
them, to the extent permitted by