Common use of Indemnification of Judgment Currency Clause in Contracts

Indemnification of Judgment Currency. Each Foreign Guarantor shall indemnify the Trustee and any Holder of a Note against any loss incurred by the Trustee or such Holder, as the case may be, as a result of any judgment or order being given or made for any amount due under this Indenture or such Note and being expressed and paid in a currency (the “Judgment Currency”) other than U.S. dollars, and as a result of any variation between (i) the rate of exchange at which the U.S. dollar amount is converted into the Judgment Currency for the purpose of such judgment or order and (ii) the spot rate of exchange in New York City at which the Trustee or such Holder, as the case may be, on the date of payment of such judgment or order and is able to purchase U.S. dollars with the amount of the Judgment Currency actually received by the Trustee or such Holder. Notwithstanding the preceding sentence of this Section 10.09, in the event that the amount of U.S. dollars purchased by any Holder as a result of such indemnification exceeds the amount originally to be paid to such Holder, such Holder shall reimburse such excess to such Foreign Guarantor. The foregoing indemnity shall constitute a separate and independent obligation of the Foreign Guarantor and shall continue in full force and effect notwithstanding any such judgment or order as aforesaid. The term “spot rate of exchange” shall include any premiums and costs of exchange payable in connection with the purchase of, or conversion into, U.S. dollars.

Indemnification of Judgment Currency. Each Foreign Guarantor The Issuer and the Guarantors shall indemnify the Trustee and any Holder of a Note Security against any loss incurred by the Trustee or such Holder, as the case may be, as a result of any judgment or order being given or made for any amount due under this Indenture or such Note Security and being expressed and paid in a currency (the “Judgment Currency”) other than U.S. dollarsDollars, and as a result of any variation between (i) the rate of exchange at which the U.S. dollar Dollar amount is converted into the Judgment Currency for the purpose of such judgment or order and (ii) the spot rate of exchange in The City of New York City at which the Trustee or such Holder, as the case may be, on the date of payment of such judgment or order and is able to purchase U.S. dollars Dollars with the amount of the Judgment Currency actually received by the Trustee or such Holder. Notwithstanding the preceding sentence of this Section 10.091012, in the event that the amount of U.S. dollars Dollars purchased by any Holder as a result of such indemnification exceeds the amount originally to be paid to such Holder, such Holder shall reimburse such excess to such Foreign Guarantorthe Issuer or the Guarantors, as the case may be. The foregoing indemnity shall constitute a separate and independent obligation of the Foreign Guarantor Issuer and shall continue in full force and effect notwithstanding any such judgment or order as aforesaid. The term “spot rate of exchange” shall include any premiums and costs of exchange payable in connection with the purchase of, or conversion into, U.S. dollarsDollars.

Indemnification of Judgment Currency. Each Foreign The Company and the Guarantor shall indemnify the Trustee and any Holder of a Note Security against any loss incurred by the Trustee or such Holder, as the case may be, as a result of any judgment or order being given or made for any amount due under this Indenture or such Note Security and being expressed and paid in a currency (the “Judgment Currency”) other than U.S. dollarsDollars, and as a result of any variation between (i) the rate of exchange at which the U.S. dollar Dollar amount is converted into the Judgment Currency for the purpose of such judgment or order and (ii) the spot rate of exchange in New York City at which the Trustee or such Holder, as the case may be, on the date of payment of such judgment or order and is able to purchase U.S. dollars Dollars with the amount of the Judgment Currency actually received by the Trustee or such Holder. Notwithstanding the preceding sentence of this Section 10.091010, in the event that the amount of U.S. dollars Dollars purchased by any Holder as a result of such indemnification exceeds the amount originally to be paid to such Holder, such Holder shall reimburse such excess to such Foreign the Company or the Guarantor. , as the case may be.The foregoing indemnity shall constitute a separate and independent obligation of the Foreign Guarantor Company and shall continue in full force and effect notwithstanding any such judgment or order as aforesaid. The term “spot rate of exchange” shall include any premiums and costs of exchange payable in connection with the purchase of, or conversion into, U.S. dollarsDollars.

Indemnification of Judgment Currency. Each Foreign Guarantor The Issuer and the Company shall indemnify the Trustee and any Holder of a Note Security against any loss incurred by the Trustee or such Holder, as the case may be, as a result of any judgment or order being given or made for any amount due under this Indenture or such Note Security and being expressed and paid in a currency (the “Judgment Currency”) other than U.S. dollarsDollars, and as a result of any variation between (i) the rate of exchange at which the U.S. dollar Dollar amount is converted into the Judgment Currency for the purpose of such judgment or order and (ii) the spot rate of exchange in The City of New York City at which the Trustee or such Holder, as the case may be, on the date of payment of such judgment or order and is able to purchase U.S. dollars Dollars with the amount of the Judgment Currency actually received by the Trustee or such Holder. Notwithstanding the preceding sentence of this Section 10.091010, in the event that the amount of U.S. dollars Dollars purchased by any Holder as a result of such indemnification exceeds the amount originally to be paid to such Holder, such Holder shall reimburse such excess to such Foreign Guarantorthe Issuer or the Company, as the case may be. The foregoing indemnity shall constitute a separate and independent obligation of the Foreign Guarantor Issuer and shall continue in full force and effect notwithstanding any such judgment or order as aforesaid. The term “spot rate of exchange” shall include any premiums and costs of exchange payable in connection with the purchase of, or conversion into, U.S. dollarsDollars.