Common use of Conversion of Agreed Currency into Judgment Currency Clause in Contracts

Conversion of Agreed Currency into Judgment Currency. If, for the purpose of obtaining or enforcing judgment in any court in any jurisdiction, it becomes necessary to convert into a particular currency (the “Judgment Currency”) any amount due in the Agreed Currency, then the conversion shall be made on the basis of the rate of exchange prevailing on the next Business Day following the date such judgment is given and in any event the Borrower shall be obligated to pay the Agents, Issuing Banks and the Lenders any deficiency in accordance with Section 2.20(c). For the foregoing purposes “rate of exchange” means the rate at which the relevant Lender, Issuing Bank or Agent, as applicable, in accordance with its normal banking procedures is able on the relevant date to purchase the Agreed Currency with the Judgment Currency after deducting costs and expenses of exchange.

Appears in 3 contracts

Samples: Credit Agreement (Quicksilver Resources Inc), Credit Agreement (Quicksilver Resources Inc), Credit Agreement (Quicksilver Resources Inc)

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Conversion of Agreed Currency into Judgment Currency. If, for the purpose of obtaining or enforcing judgment in any court in any jurisdiction, it becomes necessary to convert into a particular currency (the “Judgment Currency”) any amount due in the Agreed Currency, Currency then the conversion shall be made on the basis of the rate of exchange prevailing on the next Business Day following immediately preceding the date such judgment is given and in any event the Borrower or its Restricted Subsidiary shall be obligated to pay the Agents, Issuing Banks Agents and the Lenders any deficiency in accordance with Section 2.20(c2.07(c). For the foregoing purposes “rate of exchange” means the lowest rate at which the relevant Lender, Issuing Bank Lender or Agent, as applicable, in accordance with its normal banking procedures is able on the relevant date to purchase the Agreed Currency with the Judgment Currency after deducting any premium and costs and expenses of exchange.

Appears in 3 contracts

Samples: Second Lien Credit Agreement (Quicksilver Resources Inc), Second Lien Credit Agreement (Quicksilver Resources Inc), Second Lien Credit Agreement (Quicksilver Resources Inc)

Conversion of Agreed Currency into Judgment Currency. If, for the purpose of obtaining or enforcing judgment in any court in any jurisdiction, it becomes necessary to convert into a particular currency (the “Judgment Currency”) any amount due in the Agreed Currency, Currency then the conversion shall be made on the basis of the rate of exchange prevailing on the next Business Day following the date such judgment is given and in any event the Borrower or its Restricted Subsidiary shall be obligated to pay the Agents, Issuing Banks Agents and the Lenders any deficiency in accordance with Section 2.20(c2.12(c). For the foregoing purposes “rate of exchange” means the lowest rate at which the relevant Lender, Issuing Bank Lender or Agent, as applicable, in accordance with its normal banking procedures is able on the relevant date to purchase the Agreed Currency with the Judgment Currency after deducting any premium and costs and expenses of exchange.

Appears in 2 contracts

Samples: Credit Agreement (Quicksilver Resources Inc), Credit Agreement (Quicksilver Resources Inc)

Conversion of Agreed Currency into Judgment Currency. If, for the purpose of obtaining or enforcing judgment in any court in any jurisdiction, it becomes necessary to convert into a particular currency (the “Judgment Currency”) any amount due in the Agreed Currency, then the conversion shall be made on the basis of the rate of exchange prevailing on the next Business Day following the date such judgment is given and in any event the Borrower shall be obligated to pay the Agents, Issuing Banks and the Lenders any deficiency in accordance with Section 2.20(c2.21(c). For the foregoing purposes “rate of exchange” means the rate at which the relevant Lender, Issuing Bank or Agent, as applicable, in accordance with its normal banking procedures is able on the relevant date to purchase the Agreed Currency with the Judgment Currency after deducting costs and expenses of exchange.

Appears in 1 contract

Samples: Credit Agreement (Quicksilver Resources Inc)

Conversion of Agreed Currency into Judgment Currency. If, for the purpose of obtaining or enforcing judgment in any court in any jurisdiction, it becomes necessary to convert into a particular currency (the “Judgment Currency”) any amount due in the Agreed Currency, Currency then the conversion shall be made on the basis of the rate of exchange prevailing on the next Business Day following immediately preceding the date such judgment is given and in any event the Borrower or its Subsidiary shall be obligated to pay the Agents, Issuing Banks Agents and the Lenders any deficiency in accordance with Section 2.20(c2.07(c). For the foregoing purposes “rate of exchange” means the lowest rate at which the relevant Lender, Issuing Bank Lender or Agent, as applicable, in accordance with its normal banking procedures is able on the relevant date to purchase the Agreed Currency with the Judgment Currency after deducting any premium and costs and expenses of exchange.

Appears in 1 contract

Samples: Second Lien Credit Agreement (Callon Petroleum Co)

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Conversion of Agreed Currency into Judgment Currency. If, for the purpose of obtaining or enforcing judgment in any court in any jurisdiction, it becomes necessary to convert into a particular currency (the "Judgment Currency") any amount due in the Agreed Currency, Currency then the conversion shall be made on the basis of the rate of exchange prevailing on the next Business Day following next preceding the date such day on which judgment is given and in any event the Borrower shall be obligated to pay the AgentsIssuer, Issuing Banks the Agents and the Lenders any deficiency in accordance with Section 2.20(csubsection 3.7(i). For the foregoing purposes "rate of exchange" means the rate at which the relevant LenderIssuer, Issuing Bank Lender or Agent, as applicable, in accordance with its normal banking procedures is able on the relevant date to purchase the Agreed Currency with the Judgment Currency after deducting any premium and costs and expenses of exchange.

Appears in 1 contract

Samples: Credit Agreement (NGC Corp)

Conversion of Agreed Currency into Judgment Currency. If, for the purpose of obtaining or enforcing judgment in any court in any jurisdiction, it becomes necessary to convert into a particular currency (the "Judgment Currency") any amount due in the Agreed Currency, Currency then the conversion shall be made on the basis of the rate of exchange prevailing on the next Business Day following next preceding the date such day on which judgment is given and in any event the Borrower shall be obligated to pay the AgentsIssuer, Issuing Banks the Agents and the Lenders any deficiency in accordance with Section 2.20(csubsection 3.7(i). For the foregoing purposes "rate of exchange" means the rate at which the relevant LenderIssuer, Issuing Bank Lender or Administrative Agent, as applicable, in accordance with its normal banking procedures is able on the relevant date to purchase the Agreed Currency with the Judgment Currency after deducting any premium and costs and expenses of exchange.

Appears in 1 contract

Samples: 364 Day Revolving Credit Agreement (Dynegy Inc)

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