If under any Applicable Law, any payment to the Lender under or in connection with this Agreement (whether pursuant to any judgment, court order or otherwise) is made or falls to be satisfied in a currency (the “Other Currency”), other than that in which the relevant payment is due (the “Required Currency”), then, to the extent that the payment (when converted into the Required Currency at the rate of exchange as conclusively determined by the Lender on the date of payment, or if it is not practicable for the Lender to purchase the Required Currency with the Other Currency on the date of payment, at the rate of exchange as soon afterwards as it is practicable for them to do so) falls short of the amount due under the relevant provisions of this Agreement, the Borrower shall, as a separate and independent obligation, indemnify and hold harmless the Lender against the amount of such shortfall and the Lender shall have a further separate cause of action against the Borrower to recover the amount of such shortfall. For the purpose of this Clause, “rate of exchange” means the rate at which the Lender is able on the date of payment or such other date to purchase the Required Currency with the Other Currency and shall take into account any premium and other costs of exchange.

Section # Judgment Currency. If, under any Applicable Law,applicable law and whether pursuant to a judgment being made or registered against the Company or for any other reason, any payment to the Lender under or in connection with this Agreement (whether pursuant to any judgment, court order or otherwise)Loan Document is made or falls to be satisfied in a currency (the “Other Currency”), other than that in which the relevant payment is due (the “Required Currency”), then, to the extent that the payment (when converted into the Required Currency at the rate of exchange as conclusively determined by the Lender on the date of payment, orpayment or, if it is not practicable for the Lenderparty entitled thereto (the “Payee”) to purchase the Required Currency with the Other Currency on the date of payment, at the rate of exchange as soon afterwardsthereafter as it is practicable for themit to do so) actually received by the Payee falls short of the amount due under the relevant provisionsterms of this Agreement,any Loan Document, the BorrowerCompany shall, to the extent permitted by law, as a separate and independent obligation, indemnify and hold harmless the LenderPayee against the amount of such shortfall and the Lender shall have a further separate cause of action against the Borrower to recover the amount of such shortfall.short-fall. For the purpose of this Clause,Section, “rate of exchange” means the rate at which the LenderPayee is able on the date of payment or such otherrelevant date to purchase the Required Currency with the Other Currency and shall take into account any premium and other costs of exchange.