Failure to Pay in Foreign Currency Clause Samples

Failure to Pay in Foreign Currency. If the Guarantor is unable for any reason to effect payment in a relevant Foreign Currency as required by this Guaranty or if the Guarantor shall default in the Foreign Currency, each Bank may, through the Administrative Agent, require such payment to be made in Dollars in the Dollar Equivalent amount of such payment. In any case in which the Guarantor shall make such payment in Dollars, the Guarantor agrees to hold the Banks harmless from any loss incurred by the Banks arising from any change in the value of Dollars in relation to such Foreign Currency between the date such payment became due and the date of payment thereof.

Failure to Pay in Foreign Currency. If any Co-Borrower is unable for any reason to effect payment of a Foreign Currency Loan in the Alternative Currency in which borrowed as required by this Agreement or if any Co-Borrower shall default in any Foreign Currency Loan, each Bank may, through the Administrative Agent, require such payment to be made in Dollars in the Dollar Equivalent amount of such payment. In any case in which any Co-Borrower shall make such payment in Dollars, such Co-Borrower agrees to hold the Lenders harmless from any loss incurred by the Lenders arising from any change in the value of Dollars in relation to such Alternative Currency between the date such payment became due and the date of payment thereof. Without limiting the generality of the foregoing, if any Co-Borrower is unable for any reason to effect payment of a Foreign Currency Loan in the Alternative Currency in which borrowed as required by this Agreement or if any Co-Borrower shall default in any Foreign Currency Loan, then Agent shall be authorized, without notice to either of the Co-Borrowers or the other Lenders, to extend Base Rate Loans under the Revolver Facility in an amount sufficient to purchase an amount of the Alternative Currency sufficient to repay the Foreign Currency Loan in full.

Failure to Pay in Foreign Currency. If the Borrower is unable for any reason to effect payment of a Foreign Currency Loan in the Foreign Currency as required by this Agreement or if the Borrower shall default in the payment of a Foreign Currency Loan, each Bank may, through the Agent, require such payment to be made in Dollars in the Dollar Equivalent amount of such payment; provided, however, with respect to any Borrowing of any Foreign Currency which during the Interest Period therefor has been replaced entirely by the Euro, such Foreign Currency Borrowing may be repaid in Euros. In any case in which the Borrower shall make such payment in Dollars, the Borrower agrees to hold the Banks harmless from any loss incurred by the Banks arising from any change in the value of Dollars in relation to the relevant Foreign Currency between the date such payment became due and the date of payment thereof.

Failure to Pay in Foreign Currency. If any Guarantor is unable for any reason to effect payment in a Foreign Currency as required by the Credit Agreement or if any Guarantor shall default in a Foreign Currency, the Agent may require such payment to be made in Dollars in the Dollar Equivalent amount of such payment. Upon receipt by any Guarantor of notice of such election from the Agent, the obligations of such Guarantor specified in such notice shall immediately be deemed to be obligations due and owing in Dollars, and shall accrue interest at the Default Rate. In any case in which any Guarantor shall make such payment in Dollars, such Guarantor agrees to hold the Agent and each Bank harmless from any loss incurred by the Agent or such Bank arising from any change in value of Dollars in relation to such Foreign Currency between the date such payment became due and the date of payment thereof.

Failure to Pay in Foreign Currency. If any of the Borrowers is unable for any reason to effect payment of a Loan or to reimburse a drawing under the Letter of Credit in the Alternative Currency as required by this Agreement, the Administrative Agent, any Lender, or the European Swingline Lender may require such payment to be made in Dollars in the Assigned Dollar Value of such payment. In any case in which each of the Borrowers shall make such payment in Dollars, such Borrower agrees to hold the Administrative Agent, any Lender, or the European Swingline Lender harmless from any loss incurred by the Administrative Agent, any Lender, or the European Swingline Lender arising from any change in the value of Dollars in relation to such Alternative Currency between the date such payment became due and the date of payment thereof. Without limiting the generality of the foregoing, if any of the Borrowers is unable for any reason to effect payment of a Swingline Lender may require such payment to be made in Dollars in the Assigned Dollar Value of such payment. In any case in which each of the Borrowers shall make such payment in Dollars, such Borrower agrees to hold the Administrative Agent, any Lender, or the European Swingline Lender harmless from any loss incurred by the Administrative Agent, any Lender, or the European Swingline Lender arising from any change in the value of Dollars in relation to such Alternative Currency between the date such payment became due and the date of payment thereof. Without limiting the generality of the foregoing, if any of the Borrowers is unable for any reason to effect payment of a Loan in the Alternative Currency as required by this Agreement or if any of the Borrowers shall default in the payment of any Foreign Currency Loan under the Revolving Facility, then, if the Required Lenders shall so agree, the Borrowers shall be deemed to have requested, and Lenders shall be deemed to have extended, a Base Rate Loan under the Revolving Facility in an amount sufficient to purchase an amount of the Alternative Currency sufficient to repay such Foreign Currency Loan in full.

Failure to Pay in Foreign Currency. With respect to any of ---------------------------------- the Guaranteed Obligations which were advanced under the Credit Agreement in a Foreign Currency, the Guarantor agrees to make any payments required by it hereunder in connection therewith in such Foreign Currency. If the Guarantor is unable for any reason to effect payment in a relevant Foreign Currency as required by this Guaranty or if the Guarantor shall default in the Foreign Currency, each Bank may, through the Agent, require such payment to be made in Dollars in the Dollar Equivalent amount of such payment. In any case in which the Guarantor shall make such payment in Dollars, the Guarantor agrees to hold the Banks harmless from any loss incurred by the Banks arising from any change in the value of Dollars in relation to such Foreign Currency between the date such payment became due and the date of payment thereof.

Failure to Pay in Foreign Currency. If any Borrower is unable for any reason to effect payment in a foreign currency as required to repay a draw under an Existing Letter of Credit or a call under any of the Special Foreign Guarantees or if any Borrower shall default in the foreign currency, Wachovia may require such payment to be made in Dollars in the Dollar Equivalent amount of such payment. In any case in which any Borrower shall make such payment in Dollars, such Borrower agrees to hold Wachovia harmless from any loss incurred by Wachovia arising from any change in the value of Dollars in relation to such foreign currency between the date such payment became due and the date of payment thereof.

Failure to Pay in Foreign Currency. If the Sellers are unable for any reason to effect payment in a foreign currency as required by this Receivables Purchase Agreement or if the Sellers shall default in their obligations with respect to Foreign Currency Denominated Receivables, each Purchaser may, through the Agent, require such payment to be made in Dollars in the Dollar Equivalent amount of such payment. In any case in which the Sellers shall make such payment in Dollars, the Sellers agree to hold the Purchasers harmless from any loss incurred by the Purchasers arising from any change in the value of Dollars in relation to such foreign currency between the date such payment became due and the date of payment thereof.

Failure to Pay in Foreign Currency. (a) If the German Borrower is unable for any reason to effect payment of principal or interest on the Advances under the German Line of Credit in DM as required by this Agreement or if the German Borrower shall default in the payment when due of any payment of principal or interest in DM, Lender may, at its option, require such payment to be made in the Dollar Equivalent. In any case in which the German Borrower shall make such payment of principal or interest in Dollars, the German Borrower agrees to hold Lender harmless from any loss incurred by Lender arising from any change in the value of Dollars in relation to DM between the date such payment became due and the date of payment thereof. (b) If the Canadian Borrower is unable for any reason to effect payment of principal or interest on Advances under the Canadian Line of Credit in CAD or to effect payment of principal or interest on the CAD Term Loan in CAD as required by this Agreement or if the Canadian Borrower shall default in the payment when due of principal or interest in CAD, Lender may, at its option, require such payment to be made in the Dollar Equivalent. In any case in which the Canadian Borrower shall make such payment of principal or interest in Dollars, the Canadian Borrower agrees to hold Lender harmless from any loss incurred by Lender arising from any change in the value of dollars in relation to CAD between the date such payment became due and the date of payment thereof.