Calculation of Amounts. For the purpose of calculating any person’s share of any sum payable to or by it, the Security Agent shall be entitled to: (a) notionally convert the Liabilities owed to any person into a common base currency (decided in its discretion by the Security Agent), that notional conversion to be made at the spot rate at which the Security Agent is able to purchase the notional base currency with the actual currency of the Liabilities owed to that person at the time at which that calculation is to be made; and (b) assume that all moneys received or recovered as a result of the enforcement or realisation of the Security Property are applied in discharge of the Liabilities in accordance with the terms of the Debt Documents under which those Liabilities have arisen.
Appears in 12 contracts
Samples: Additional Facility S Accession Deed (Liberty Global PLC), Additional Facility T Accession Deed (Liberty Global PLC), Additional Facility Accession Deed (Liberty Global PLC)
Calculation of Amounts. For the purpose of calculating any person’s share of any sum amount payable to or by it, the Security Agent shall be entitled to:
(a) notionally convert the Liabilities owed to any person into a common base currency (decided in its discretion by the Security Agent), that notional conversion to be made at the spot rate at which the Security Agent is able to purchase the notional base currency with the actual currency of the Liabilities owed to that person at the time at which that calculation is to be made; and
(b) assume that all moneys amounts received or recovered as a result of the enforcement or realisation of the Security Property are applied in discharge of the Liabilities in accordance with the terms of the Debt Documents under which those Liabilities have arisen.
Appears in 5 contracts
Samples: Intercreditor Agreement (NAC Aviation Colorado 1 LLC), Intercreditor Agreement (LumiraDx LTD), Intercreditor Agreement (Ferroglobe PLC)
Calculation of Amounts. For the purpose of calculating any person’s 's share of any sum amount payable to or by it, the Security Agent shall be entitled to:
(a) notionally convert the Liabilities owed to any person into a common base currency (decided in its discretion by the Security Agent), that notional conversion to be made at the spot rate at which the Security Agent is able to purchase the notional base currency with the actual currency of the Liabilities owed to that person at the time at which that calculation is to be made; and
(b) assume that all moneys amounts received or recovered as a result of the enforcement or realisation of the Security Property are applied in discharge of the Liabilities in accordance with the terms of the Debt Documents under which those Liabilities have arisen.
Appears in 3 contracts
Samples: Intercreditor Agreement, Intercreditor Agreement (NAC Aviation 29 Designated Activity Co), Intercreditor Agreement (Tidewater Inc)
Calculation of Amounts. For the purpose of calculating any person’s 's share of any sum payable to or by it, the Security Agent shall be entitled to:
(a) notionally convert the Liabilities owed to any person into a common base currency (decided in its discretion by the Security Agent), that notional conversion to be made at the spot rate at which Security Agent's Spot Rate of Exchange in respect of the Security Agent is able to purchase the notional base currency with conversion of the actual currency of the Liabilities owed to that person at the time at which that calculation is to be mademade into the notional base currency; and
(b) assume that all moneys received or recovered as a result of the enforcement or realisation of the Security Property are applied in discharge of the Liabilities in accordance with the terms of the Debt Documents under which those Liabilities have arisen.
Appears in 2 contracts
Samples: Intercreditor Agreement (Paysafe LTD), Intercreditor Agreement (Paysafe LTD)
Calculation of Amounts. For the purpose of calculating any person’s share of any sum amount payable to or by it, the Security Collateral Agent shall be entitled to:
(a) notionally convert the Liabilities owed to any person into a common base currency (decided in its discretion by the Security Collateral Agent), that notional conversion to be made at the spot rate at which the Security Collateral Agent is able to purchase the notional base currency with the actual currency of the Liabilities owed to that person at the time at which that calculation is to be made; and
(b) assume that all moneys amounts received or recovered as a result of the enforcement or realisation of the Security Property are applied in discharge of the Liabilities in accordance with the terms of the Debt Documents under which those Liabilities have arisen.
Appears in 2 contracts
Samples: Intercreditor Agreement (Selina Hospitality PLC), Intercreditor Agreement (Selina Hospitality PLC)
Calculation of Amounts. For the purpose of calculating any person’s share of any sum amount payable to or by it, the Common Security Agent shall be entitled to:
(a) notionally convert the Liabilities owed to any person into a common base currency (decided in its discretion by the Common Security Agent), that notional conversion to be made at the spot rate at which the Common Security Agent is able to purchase the notional base currency with the actual currency of the Liabilities owed to that person at the time at which that calculation is to be made; and
(b) assume that all moneys amounts received or recovered as a result of the enforcement or realisation of the any Security Property are applied in discharge of the Liabilities in accordance with the terms of the Debt Documents under which those Liabilities have arisen.
Appears in 2 contracts
Samples: Intercreditor Agreement (Selina Hospitality PLC), Intercreditor Agreement (Oatly Group AB)
Calculation of Amounts. For the purpose of calculating any person’s share of any sum payable to or by it, the Security Agent shall be entitled to:
(aA) notionally convert the Liabilities owed to any person into a common base currency (decided in its discretion by the Security Agent), that notional conversion to be made at the spot rate at which the Security Agent is able to purchase the notional base currency with the actual currency of the Liabilities owed to that person at the time at which that calculation is to be made; and
(bB) assume that all moneys received or recovered as a result of the enforcement or realisation of the Security Property are applied in discharge of the Liabilities in accordance with the terms of the Debt Finance Documents under which those Liabilities have arisen.
Appears in 1 contract
Calculation of Amounts. For the purpose of calculating any person’s 's share of any sum amount payable to or by it, the Security Agent shall be entitled to:
(a) notionally convert the Liabilities owed to any person into a common base currency (decided in its discretion by the Security Agent), ; that notional conversion to be made at the spot rate at which the Security Agent is able to purchase the notional base currency with the actual currency of the Liabilities owed to that person at the time at which that calculation is to be made; and
(b) assume that all moneys amounts received or recovered as a result of the enforcement or realisation of the Security Property are applied in discharge of the Liabilities in accordance with the terms of the Debt Documents under which those Liabilities have arisen.
Appears in 1 contract
Samples: Intercreditor Agreement
Calculation of Amounts. For the purpose of calculating any person’s 's share of any sum amount payable to or by it, the Security Agent shall be entitled to:
(a) notionally convert the Liabilities owed to any person into a common base currency (decided in its discretion by the Security Agent), that notional conversion to be made at the spot rate at which the Security Agent is able to purchase the notional base currency with the actual currency of the Liabilities owed to that person at the time at which that calculation is to be made; and
(b) assume that all moneys amounts received or recovered as a result of the enforcement or realisation of the Security Property are applied in discharge of the Liabilities in accordance with the terms of the Debt Documents under which those Liabilities have arisen.
Appears in 1 contract
Samples: Intercreditor Agreement
Calculation of Amounts. For the purpose of calculating any person’s 's share of any sum amount payable to or by it, the Security Agent shall be entitled to:
(a) notionally convert the Liabilities owed to any person into a common base currency (decided in its discretion by the Security Agent), that notional conversion to be made at the spot rate at which Agent's Spot Rate of Exchange in respect of the Security Agent is able to purchase the notional base currency with conversion of the actual currency of the Liabilities owed to that person at the time at which that calculation is to be mademade into the notional base currency; and
(b) assume that all moneys amounts received or recovered as a result of the enforcement or realisation of the Security Property are applied in discharge of the Liabilities in accordance with the terms of the Debt Documents under which those Liabilities have arisen.
Appears in 1 contract
Samples: Intercreditor Agreement
Calculation of Amounts. For the purpose of calculating any person’s share of any sum amount payable to or by it, the Security Agent shall be entitled to:
(a) notionally convert the Liabilities owed to any person into a common base currency (decided in its discretion by the Security AgentAgent acting reasonably), that notional conversion to be made at the spot rate at which the Security Agent is able to purchase the notional base currency with the actual currency of the Liabilities owed to that person at the time at which that calculation is to be made; and
(b) assume that all moneys amounts received or recovered as a result of the enforcement or realisation of the Security Property are applied in discharge of the Liabilities in accordance with the terms of the Debt Documents under which those Liabilities have arisen.
Appears in 1 contract
Samples: Intercreditor Agreement