SUCH JUDGMENT, PROVIDED THAT
SERVICE OF PROCESS IS EFFECTED UPON IT IN ONE OF THE MANNERS SPECIFIED HEREIN OR
AS OTHERWISE PERMITTED BY LAW.
(c)
EACH PRINCIPAL OBLIGOR HEREBY IRREVOCABLY DESIGNATES AND APPOINTS
CT CORPORATION SYSTEM, HAVING AN OFFICE ON THE DATE HEREOF AT 111 EIGHTH AVENUE,
NEW YORK, NEW YORK 10011 AS ITS AUTHORIZED AGENT, TO ACCEPT AND ACKNOWLEDGE ON
ITS BEHALF, SERVICE OF ANY AND ALL PROCESS WHICH MAY BE SERVED IN ANY SUIT,
ACTION OR PROCEEDING OF THE NATURE REFERRED TO IN SUBSECTION (b) ABOVE IN ANY
FEDERAL OR NEW YORK STATE COURT SITTING IN NEW YORK CITY. EACH PRINCIPAL OBLIGOR
REPRESENTS AND WARRANTS THAT SUCH AGENT HAS AGREED IN WRITING TO ACCEPT SUCH
APPOINTMENT AND THAT A TRUE COPY OF SUCH DESIGNATION AND ACCEPTANCE HAS BEEN
DELIVERED TO THE PAYING AGENT. IF SUCH AGENT SHALL CEASE SO TO ACT, EACH
PRINCIPAL OBLIGOR COVENANTS AND AGREES TO DESIGNATE IRREVOCABLY AND APPOINT
WITHOUT DELAY ANOTHER SUCH AGENT SATISFACTORY TO THE PAYING AGENT AND TO DELIVER
PROMPTLY TO THE PAYING AGENT EVIDENCE IN WRITING OF SUCH OTHER AGENT'S
ACCEPTANCE OF SUCH APPOINTMENT.
(d)
EACH PRINCIPAL OBLIGOR HEREBY CONSENTS TO PROCESS BEING SERVED IN
ANY SUIT, ACTION, OR PROCEEDING OF THE NATURE REFERRED TO IN SUBSECTION (b)
ABOVE IN ANY FEDERAL OR NEW YORK STATE COURT SITTING IN NEW YORK CITY BY SERVICE
OF PROCESS UPON THE AGENT OF SUCH PRINCIPAL OBLIGOR, AS THE CASE MAY BE, FOR
SERVICE OF PROCESS IN SUCH JURISDICTION APPOINTED AS PROVIDED IN SUBSECTION (c)
ABOVE; PROVIDED THAT, TO THE EXTENT
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LAWFUL AND POSSIBLE, WRITTEN NOTICE OF SAID SERVICE UPON SUCH AGENT SHALL BE
MAILED BY REGISTERED AIRMAIL, POSTAGE PREPAID, RETURN RECEIPT REQUESTED, TO SUCH
PRINCIPAL OBLIGOR AT ITS ADDRESS SPECIFIED ON THE SIGNATURE PAGES HEREOF OR TO
ANY OTHER ADDRESS OF WHICH SUCH OBLIGOR SHALL HAVE GIVEN WRITTEN NOTICE TO THE
PAYING AGENT. EACH PRINCIPAL OBLIGOR IRREVOCABLY WAIVES, TO THE FULLEST EXTENT
PERMITTED BY LAW, ALL CLAIM OF ERROR BY REASON OF ANY SUCH SERVICE AND AGREES
THAT SUCH SERVICE SHALL BE DEEMED IN EVERY RESPECT EFFECTIVE SERVICE OF PROCESS
UPON SUCH PRINCIPAL OBLIGOR IN ANY SUCH SUIT, ACTION OR PROCEEDING AND SHALL, TO
THE FULLEST EXTENT PERMITTED BY LAW, BE TAKEN AND HELD TO BE VALID AND PERSONAL
SERVICE UPON AND PERSONAL DELIVERY TO SUCH PRINCIPAL OBLIGOR.
(e)
NOTHING IN THIS SECTION SHALL AFFECT THE RIGHT OF THE PAYING AGENT
OR ANY LENDER TO SERVE PROCESS IN ANY OTHER MANNER PERMITTED BY LAW OR LIMIT THE
RIGHT OF THE PAYING AGENT OR ANY LENDER TO BRING PROCEEDINGS AGAINST EITHER
PRINCIPAL OBLIGOR IN THE COURTS OF ANY JURISDICTION OR JURISDICTIONS.
10.16
Judgment Currency.
If, under any applicable law and whether
pursuant to a judgment being made or registered against either Principal Obligor
or for any other reason, any payment under or in connection with this Agreement,
is made or satisfied in a currency (the "Other Currency") other than that in
which the relevant payment is due (the "Required Currency") then, to the