|
|
 | | | |
- close
- close
- close
- close
This excerpt taken from the FL 8-K filed May 21, 2008. dollars”)
into another currency, the parties hereto agree, to the fullest extent that
they may effectively do so, that the rate of exchange used shall be that at
which in accordance with normal banking procedures the Agent and the Banks could
purchase dollars with such currency at or about 11:00 A.M. (New York City time)
on the Domestic Business Day preceding that on which final judgment is given.
The obligations in respect of any sum due to the Agent and the Banks hereunder
shall, notwithstanding any adjudication expressed in a currency other than dollars,
be discharged only to the extent that on the Domestic Business Day following
receipt by the Agent and the Banks of any sum adjudged to be so due in such
other currency the Agent and the Banks may in accordance with normal banking
procedures purchase dollars with such other currency; if the amount of dollars
so purchased is less than the sum originally due to the Agent and the Banks
in dollars, each Borrower agrees, to the fullest extent that it may effectively
do so, as a separate obligation and notwithstanding any such adjudication, to
indemnify the Agent and the Banks against such loss, and if the amount of dollars
so purchased exceeds the sum originally due to the Agent and the Banks, it shall
remit such excess to such Borrower.
Section 9.12. USA PATRIOT Act Notice. Each Bank that is subject to the Act (as hereinafter defined) and the Administrative Agent (for itself and not on behalf of any Bank) hereby notifies the Borrower that pursuant to the requirements of the USA Patriot Act (Title III of Pub. L. 107-56 (signed into law October 26, 2001)) (the “ |
| |||||||
