AVAILABLE TO, OR A DISCHARGE OF, THE LOAN PARTIES.
SECTION 11.17. Dollar Equivalent Calculations.
For purposes of this Agreement,
the Dollar Equivalent of each Loan that is an Approved Currency Revolving Loan
and the Dollar Equivalent of the stated amount of each Letter of Credit that is
an Approved Currency Letter of Credit shall be calculated on the date when any
such Loan is made, such Letter of Credit is issued, on the first Business Day of
each month and at such other times as designated by the applicable
Administrative Agent. Such Dollar Equivalent shall remain in effect until the
same is recalculated by such Administrative Agent as provided above and notice
of such recalculation is received by the Borrowers, it being understood that
until such notice of such recalculation is received, the Dollar Equivalent shall
be that Dollar Equivalent as last reported to the Borrowers by such
Administrative Agent. Such Administrative Agent shall promptly notify the
Borrowers and the Lenders of each such determination of the Dollar Equivalent.
SECTION 11.18. Judgment Currency.
(A)
THE BORROWERS' OBLIGATION HEREUNDER AND UNDER THE OTHER LOAN
DOCUMENTS TO MAKE PAYMENTS IN THE APPLICABLE APPROVED CURRENCY (PURSUANT TO SUCH
OBLIGATION, 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 APPLICABLE
ADMINISTRATIVE AGENT OR THE RESPECTIVE LENDER OF THE FULL AMOUNT OF THE
OBLIGATION CURRENCY EXPRESSED TO BE PAYABLE TO SUCH ADMINISTRATIVE AGENT OR SUCH
LENDER UNDER THIS AGREEMENT OR THE OTHER LOAN DOCUMENTS. IF, FOR THE PURPOSE OF
OBTAINING OR ENFORCING JUDGMENT AGAINST THE BORROWERS 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 AT THE DOLLAR EQUIVALENT, AND IN THE CASE OF OTHER
CURRENCIES, THE RATE OF EXCHANGE (AS QUOTED BY SUCH ADMINISTRATIVE AGENT OR IF
SUCH ADMINISTRATIVE AGENT DOES NOT QUOTE A RATE OF EXCHANGE ON SUCH CURRENCY, BY
A KNOWN DEALER IN SUCH CURRENCY DESIGNATED BY SUCH ADMINISTRATIVE AGENT)
DETERMINED, IN EACH CASE, AS OF 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").
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(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 BORROWERS 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