OF OTHER LOANS OR PERIODS SHALL BE INCREASED (BUT NOT ABOVE THE
MAXIMUM RATE THEREFOR) UNTIL SUCH CUMULATED AMOUNT, TOGETHER WITH INTEREST
THEREON AT THE FEDERAL FUNDS EFFECTIVE RATE TO THE DATE OF REPAYMENT, SHALL HAVE
BEEN RECEIVED BY SUCH LENDER.
SECTION 10.14.
JUDGMENT CURRENCY.
(A)
EACH BORROWER'S OBLIGATIONS HEREUNDER
AND UNDER THE OTHER CREDIT DOCUMENTS TO MAKE PAYMENTS IN DOLLARS (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 OR THE
RESPECTIVE LENDER OF THE FULL AMOUNT OF THE OBLIGATION CURRENCY EXPRESSED TO BE
PAYABLE TO THE ADMINISTRATIVE AGENT OR SUCH LENDER UNDER THIS AGREEMENT OR THE
OTHER CREDIT DOCUMENTS.
IF, FOR THE PURPOSE OF OBTAINING OR ENFORCING JUDGMENT
AGAINST ANY BORROWER 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 Borrower 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.
USA PATRIOT ACT.
EACH LENDER HEREBY NOTIFIES EACH BORROWER
THAT, PURSUANT TO THE REQUIREMENTS OF THE USA PATRIOT ACT (TITLE III OF PUB. L.
107-56 (SIGNED INTO LAW OCTOBER 26, 2001)) (THE "PATRIOT ACT"), IT IS REQUIRED
TO OBTAIN, VERIFY AND RECORD INFORMATION THAT IDENTIFIES EACH BORROWER, WHICH
INFORMATION INCLUDES THE NAME AND ADDRESS OF EACH BORROWER AND OTHER INFORMATION
THAT WILL ALLOW SUCH LENDER TO IDENTIFY EACH BORROWER IN ACCORDANCE WITH THE
PATRIOT ACT.
104
ARTICLE XI
INTERMEDIATE HOLDINGS GUARANTY
SECTION 11.01.
THE GUARANTY.
IN ORDER TO INDUCE THE LENDERS TO ENTER INTO THIS
AGREEMENT AND TO EXTEND CREDIT HEREUNDER AND IN RECOGNITION OF THE