counterclaim.
9.1.7
BUSINESS DAYS
(A)
ANY PAYMENT WHICH IS DUE TO BE MADE ON A DAY THAT IS NOT
A BUSINESS DAY SHALL BE MADE ON THE NEXT BUSINESS DAY IN THE SAME CALENDAR MONTH
(IF THERE IS ONE) OR THE PRECEDING BUSINESS DAY (IF THERE IS NOT).
(B)
DURING ANY EXTENSION OF THE DUE DATE FOR PAYMENT OF ANY
PRINCIPAL OR UNPAID SUM UNDER THIS AGREEMENT INTEREST IS PAYABLE ON THE
PRINCIPAL OR UNPAID SUM AT THE RATE PAYABLE ON THE ORIGINAL DUE DATE.
9.1.8
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 THE OBLIGOR
UNDER ANY FUNDAMENTAL DOCUMENT.
(B)
A REPAYMENT OF AN UNPAID SUM SHALL BE MADE IN THE
CURRENCY IN WHICH THAT 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.
9.1.9
CHANGE OF CURRENCY
(A)
UNLESS OTHERWISE PROHIBITED BY LAW, IF MORE THAN ONE
CURRENCY OR CURRENCY UNIT ARE AT THE SAME TIME RECOGNIZED BY THE CENTRAL BANK OF
ANY COUNTRY AS THE LAWFUL CURRENCY OF THAT COUNTRY, THEN:
64
(I)
ANY REFERENCE IN THE FUNDAMENTAL DOCUMENTS TO, AND ANY
OBLIGATIONS ARISING UNDER THE FUNDAMENTAL 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 AGENT (AFTER CONSULTATION WITH THE OBLIGOR); AND
(II)
ANY TRANSLATION FROM ONE CURRENCY OR CURRENCY UNIT TO
ANOTHER SHALL BE AT THE OFFICIAL RATE OF EXCHANGE RECOGNIZED BY THE CENTRAL BANK
FOR THE CONVERSION OF THAT CURRENCY OR CURRENCY UNIT INTO THE OTHER, ROUNDED UP
OR DOWN BY THE AGENT (ACTING REASONABLY).
(B)
IF A CHANGE IN ANY CURRENCY OF A COUNTRY OCCURS, THIS
AGREEMENT WILL, TO THE EXTENT THE AGENT (ACTING REASONABLY AND AFTER
CONSULTATION WITH THE OBLIGOR) 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.
9.1.10
DISRUPTION TO PAYMENT SYSTEMS ETC.
If either the Agent determines (in its reasonable discretion) that a Disruption
Event has occurred or the Agent is notified by the Obligor (in its reasonable
discretion) that a Disruption Event has occurred:
(A)
THE AGENT MAY, AND SHALL IF REQUESTED TO DO SO BY THE
OBLIGOR, CONSULT WITH THE OBLIGOR WITH A VIEW TO AGREEING WITH THE OBLIGOR SUCH
CHANGES TO THE OPERATION OR ADMINISTRATION OF THE FACILITY AS THE AGENT MAY DEEM
NECESSARY IN THE CIRCUMSTANCES;
(B)
THE AGENT SHALL NOT BE OBLIGED TO CONSULT