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EYE » Topics » 11.18 Judgment Currency .

This excerpt taken from the EYE 8-K filed Apr 3, 2007.

11.18 Judgment Currency.

The Obligations of the Borrower in respect of any sum due to any Lender, the L/C Issuer, the Swing Line Lender or the Administrative Agent hereunder shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than Dollars, be discharged only to the extent that on the Business Day following receipt by such Lender, the L/C Issuer, the Swing Line Lender or the Administrative Agent of any sum adjudged to be so due in the Judgment Currency, such Lender, the L/C Issuer, the Swing Line Lender or the Administrative Agent, in accordance with normal banking procedures, purchases Dollars with the Judgment Currency. If the amount of Dollars so purchased is less than the sum originally due to such Lender, the L/C Issuer, the Swing Line Lender or the Administrative Agent, the Borrower agrees as a separate obligation and notwithstanding any such judgment to indemnify each Lender, the L/C Issuer, the Swing Line Lender and the Administrative Agent, as the case may be, against such loss.

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