Conversion of Currencies. (a) If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum due hereunder in dollars into another currency, the parties hereto agree, to the fullest extent that they may legally and effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase dollars with such other currency in The City of New York, on the Business Day immediately preceding the day on which final judgment is given. (b) The obligation of each Borrower in respect of any sum due to any Lender hereunder in dollars shall, to the extent permitted by applicable law, notwithstanding any judgment in a currency other than dollars, be discharged only to the extent that on the Business Day following receipt of any sum adjudged to be so due in the judgment currency such Lender may in accordance with normal banking procedures purchase dollars in the amount originally due to such Lender with the judgment currency. If the amount of dollars so purchased is less than the sum originally due to such Lender, such Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender against the resulting loss.
Appears in 11 contracts
Samples: Revolving Credit Agreement (Alcoa Inc), Revolving Credit Agreement (Alcoa Inc), Revolving Credit Agreement (Alcoa Inc)
Conversion of Currencies. (a) If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum due hereunder in dollars into another currency, the parties hereto agree, to the fullest extent that they may legally and effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative applicable Agent could purchase dollars with such other currency in The City of New YorkYork or Sydney, as the case may be, on the Business Day immediately preceding the day on which final judgment is given.
(b) The obligation of each Borrower in respect of any sum due to any Lender hereunder in dollars shall, to the extent permitted by applicable law, notwithstanding any judgment in a currency other than dollars, be discharged only to the extent that on the Business Day following receipt of any sum adjudged to be so due in the judgment currency such Lender may in accordance with normal banking procedures purchase dollars in the amount originally due to such Lender with the judgment currency. If the amount of dollars so purchased is less than the sum originally due to such Lender, such Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender against the resulting loss.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Aluminum Co of America), Revolving Credit Agreement (Aluminum Co of America)
Conversion of Currencies. (a) If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum due hereunder under this Intercompany Note in dollars one currency into another currency, the parties hereto agreePayor agrees, to the fullest extent that they it may legally and effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent Company could purchase dollars such first currency with such other currency in The City of New York, New York, on the Business Day immediately preceding the day on which final judgment is given.
(b) The obligation obligations of each Borrower the Payor in respect of any sum due to any Lender hereunder under this Intercompany Note in dollars one currency shall, to the extent permitted by applicable law, notwithstanding any judgment in a currency other than dollarssecond currency, be discharged only to the extent that on the Business Day following receipt of any sum adjudged to be so due in the judgment currency such Lender currency, the Company may in accordance with normal banking procedures purchase dollars such first currency in the amount originally due to such Lender with the judgment currency. If the amount of dollars such first currency so purchased is less than the sum in such first currency originally due to such Lenderthe Company, such Borrower the Payor agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender the Company against the resulting loss.
Appears in 2 contracts
Samples: Intercompany Note (Symmetry Holdings Inc), Indenture (Novamerican Steel Inc.)
Conversion of Currencies. (a) If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum due hereunder in dollars into another currency, the parties hereto agree, to the fullest extent that they may legally and effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase dollars with such other currency in The City of New York, on the Business Day immediately preceding the day on which final judgment is given.
(b) The obligation of each Borrower Restricted Group Member in respect of any sum due to any Lender hereunder in dollars shall, to the extent permitted by applicable law, notwithstanding any judgment in a currency other than dollars, be discharged only to the extent that on the Business Day following receipt of any sum adjudged to be so due in the judgment currency such Lender may in accordance with normal banking procedures purchase dollars in the amount originally due to such Lender with the judgment currency. If the amount of dollars so purchased is less than the sum originally due to such Lender, such Borrower Restricted Group Member agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender against the resulting loss.
Appears in 1 contract
Samples: Term Credit Agreement (Alcoa Inc)