Currency and Related Provisions Sample Clauses

Currency and Related Provisions. (a) Obligation to Xxxx and Make Payments in Dollars. Payment in United States Dollars ("Dollars") of all amounts due under this Agreement and all other present and future documents, instruments and agreements relating hereto is of the essence, and Dollars shall be the currency of account in all events. The payment obligations of the Borrower under this Agreement shall not be discharged by an amount paid in another currency or in another place, whether pursuant to a judgment or otherwise, to the extent that the amount so paid on conversion to Dollars and transfer to Silicon under normal banking procedures (after premium and costs of exchange) does not yield the amount of Dollars due under this Agreement. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder in Dollars into another currency (the "Other Currency"), the rate of exchange used shall be that at which in accordance with normal banking procedures Silicon could purchase Dollars with the Other Currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower in respect of any such sum due from it to Silicon under this Agreement shall, notwithstanding any judgment in such Other Currency, be discharged only to the extent that on the Business Day following receipt by Silicon of any sum adjudged to be so due in the Other Currency, Silicon may in accordance with normal banking procedures purchase Dollars with the Other Currency; if the Dollars so purchased are less than the sum originally due Silicon in Dollars, the Borrower agrees, as a separate and independent obligation and notwithstanding any such judgment, to indemnify Silicon against such loss, and if the Dollars so purchased exceed the sum originally due to Silicon in Dollars, Silicon agrees to remit to the Borrower such excess.
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