Execution Copy the Non-defaulting Party or the party that is not the Affected Party (in either case. 'X') may, without prior notice to any person, set off any sum or obligation (whether or not arising under this Agreement, whether matured or unmatured and irrespective of the currency, place of payment or booking office of the sum or obligation) owed by the Defaulting Party or Affected Party (in either case, "Y") to X or to any Affiliate of X, against any sum or obligation (whether or not arising under this Agreement, whether matured or unmatured and irrespective of the currency, place of payment or booking office of the sum or obligation) owed by X or any Affeate of X to Y. and, for this purpose, may convert one currency into another. If any sum or obligation is unascotained. X may in good faith estimate that sum or obligation and set off in respect of that estimate subject to X or V. as the case may be, accounting to the other party when such sum or obligation is ascertained. Nothing n this Agreement shall be effective or deemed to create any charge under English law. (h) Recording of Conversation. Each party to this Agreement acknowledges and agrees to the tape recording of conversations between the parties to this Agreement whether by one or other or both of the parties. (I) Investment Manager as Agent. Party B represents and warrants that Highbridge Capital Management, LLC (the Trading Manager") has the full power and authority to comma Party B to Transactions and conclude such Transactions on Party Ws behalf on such terms and conditions as the Trading Manager may determine in its absolute discretion. (bless previously notified in writing by Party B, Party A may rely on all representations and warranties of and actions by the Trading Manager in relation to any such Transactions. For these purposes, Party B agrees to fully and unconditionally indemnify Party A for any and al losses, damages. costs and expenses directly sustained by Party A