Currency Indemnity. (a) If any sum due from an Obligor under the Finance Documents (a “Sum”), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “First Currency”) in which that Sum is payable into another currency (the “Second Currency”) for the purpose of: (i) making or filing a claim or proof against that Obligor; (ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor shall as an independent obligation, within three Business Days of demand, indemnify each Finance Party to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum. (b) Each Obligor waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 43 contracts
Samples: Facility Agreement (Bristow Group Inc.), Facility Agreement (Bristow Group Inc.), Credit Facility Agreement (Amtrust Financial Services, Inc.)
Currency Indemnity. (a) If any sum due from an Obligor under the Finance Documents (a “Sum”), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “First Currency”) in which that Sum is payable into another currency (the “Second Currency”) for the purpose of:
(i) making or filing a claim or proof against that Obligor;; or
(ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor shall as an independent obligation, within three Business Days of demand, indemnify each Finance Party to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 25 contracts
Samples: Revolving Facilities Agreement (Molson Coors Brewing Co), Unsecured Uncommitted Revolving Facilities Agreement (Molson Coors Brewing Co), Revolving Facilities Agreement (Molson Coors Brewing Co)
Currency Indemnity. (a) If any sum due from an Obligor under the Finance Documents (a “"Sum”"), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “"First Currency”") in which that Sum is payable into another currency (the “"Second Currency”") for the purpose of:
(i) making or filing a claim or proof against that Obligor;
(ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor shall as an independent obligation, within three Business Days of demand, indemnify each Finance Party to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 17 contracts
Samples: Subscription Agreement, Facilities Agreement (Syngenta Ag), Facility Agreement (Synnex Corp)
Currency Indemnity. (a) If any sum due from an Obligor under the Finance Documents (a “Sum”), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “First Currency”) in which that Sum is payable into another currency (the “Second Currency”) for the purpose of:
(i) making or filing a claim or proof against that Obligor;
(ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor shall as an independent obligation, within three Business Days of demand, indemnify each Finance Party to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 12 contracts
Samples: Revolving Facility Agreement (Ferguson PLC), Supplemental Agreement (Innospec Inc.), Revolving Credit Facility (Sara Lee Corp)
Currency Indemnity. (aA) If any sum due from an Obligor under the Finance Documents (a “Sum”), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “First Currency”) in which that Sum is payable into another currency (the “Second Currency”) for the purpose of:
(i) making or filing a claim or proof against that Obligor;; or
(ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor shall as an independent obligation, within three five Business Days of demand, indemnify each Finance Party to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (Aa) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (Bb) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(bB) Each Obligor waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 11 contracts
Samples: Revolving Credit Facility Agreement (Kosmos Energy Ltd.), Facility Agreement (Vaalco Energy Inc /De/), Revolving Credit Facility Agreement (Kosmos Energy Ltd.)
Currency Indemnity. (a) If any sum due from an Obligor under the Finance Documents (a “Sum”), or any order, judgment judgement or award given or made in relation to a Sum, has to be converted from the currency (the “First Currency”) in which that Sum is payable into another currency (the “Second Currency”) for the purpose of:
(i) making or filing a claim or proof against that Obligor;the Borrower; or
(ii) obtaining or enforcing an order, judgment judgement or award in relation to any litigation or arbitration proceedings, that Obligor the Borrower shall as an independent obligation, within three (3) Business Days of demand, indemnify each Finance Party to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor of the Obligors waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 11 contracts
Samples: Senior Secured Credit Facility Agreement, Senior Secured Term Loan Facility Agreement, Senior Secured Credit Facility Agreement (Seadrill Partners LLC)
Currency Indemnity. (a) If any sum due from an Obligor under the Finance Documents (a “Sum”), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “First Currency”) in which that Sum is payable into another currency (the “Second Currency”) for the purpose of:
(i) making or filing a claim or proof against that Obligor;
(ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor shall as an independent obligation, within three five Business Days of demand, indemnify each Finance Party to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 10 contracts
Samples: Syndicated L/G Facility Agreement (Hillenbrand, Inc.), Amendment Agreement (Hillenbrand, Inc.), Syndicated Loan Agreement (Hillenbrand, Inc.)
Currency Indemnity. (a) If any sum due from an Obligor the Borrower under the Finance Documents (a “Sum”), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “First Currency”) in which that Sum is payable into another currency (the “Second Currency”) for the purpose of:
(i) making or filing a claim or proof against that Obligorthe Borrower;
(ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor the Borrower shall as an independent obligation, within three Business Days of demand, indemnify each Finance Party to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor The Borrower waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 9 contracts
Samples: Syndicated Multicurrency Term Loan Facility Agreement (Sap Aktiengesellschaft Systems Applications Products in Data), Credit Facility Agreement (Saturn Expansion Corp), Credit Facility Agreement (Sap Ag)
Currency Indemnity. (a) If any sum due from an Obligor under the Finance Documents (a “"Sum”"), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “"First Currency”") in which that Sum is payable into another currency (the “"Second Currency”") for the purpose of:
(i) making or filing a claim or proof against that Obligor;; or
(ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor shall as an independent obligation, within three Business Days of demand, indemnify each Finance Party to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 9 contracts
Samples: Bridge Facility Agreement, Facility Agreement, Debt Bridge Facility Agreement (Xstrata PLC)
Currency Indemnity. (a) If any sum due from an Obligor under the Finance Documents (a “Sum”), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “First Currency”) in which that Sum is payable into another currency (the “Second Currency”) for the purpose of:
(i) making or filing a claim or proof against that Obligor;
(ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor shall as an independent obligation, within three five (5) Business Days of demand, indemnify each Finance Party to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 9 contracts
Samples: Credit Facility Agreement, Credit Facilities Agreement (Gold Fields LTD), Credit Facility Agreement (Gold Fields LTD)
Currency Indemnity. (a) 14.1.1 If any sum due from an Obligor under the Finance Documents (a “Sum”), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “First Currency”) in which that Sum is payable into another currency (the “Second Currency”) for the purpose of:
(ia) making or filing a claim or proof against that Obligor;; and/or
(iib) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor shall shall, as an independent obligation, within three Business Days of demanddemand by a Finance Party, indemnify each Finance Party to whom that Sum is due against any cost, loss or liability Losses arising out of or as a result of the conversion including any discrepancy between (Ai) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (Bii) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) 14.1.2 Each Obligor waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 8 contracts
Samples: Supplemental Agreement (Navigator Holdings Ltd.), Facility Agreement (Quintana Shipping Ltd.), Facility Agreement (Navigator Holdings Ltd.)
Currency Indemnity. (a) If any sum due from an Obligor a Credit Party under the Finance Credit Documents (a “Sum”), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “First Currency”) in which that Sum is payable into another currency (the “Second Currency”) for the purpose of:
: (i) making or filing a claim or proof against that Obligor;
Credit Party; (ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, in either case that Obligor Credit Party shall as an independent obligation, within three Business Days of demand, indemnify each Finance Party Lender to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor Credit Party waives any right it may have in any jurisdiction to pay any amount under the Finance Credit Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 7 contracts
Samples: Revolving Credit Agreement (NXP Semiconductors N.V.), Revolving Credit Agreement (NXP Semiconductors N.V.), Credit Agreement (NXP Semiconductors N.V.)
Currency Indemnity. (a) If any sum due from an Obligor the Borrower under the Finance Documents (a “Sum”), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “First Currency”) in which that Sum is payable into another currency (the “Second Currency”) for the purpose of:
(i) making or filing a claim or proof against that Obligorthe Borrower;
(ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor the Borrower shall as an independent obligation, within three (3) Business Days of demand, indemnify each Finance Party to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor The Borrower waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 6 contracts
Samples: Bridge Facility Agreement (Himalaya Shipping Ltd.), Facility Agreement (Sesa Sterlite LTD), Amendment and Restatement Agreement (Sesa Sterlite LTD)
Currency Indemnity. (ai) If any sum due from an Obligor a Credit Party under the Finance Credit Documents (a “Sum”), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “First Currency”) in which that Sum is payable into another currency (the “Second Currency”) for the purpose of:
(iA) making or filing a claim or proof against that Obligor;Credit Party; or
(iiB) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor Credit Party shall as an independent obligation, within three Business Days of demand, indemnify the Agent and each Finance Party Bank to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (Ax) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (By) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(bii) Each Obligor Credit Party waives any right it may have in any jurisdiction to pay any amount under the Finance Credit Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 6 contracts
Samples: Credit and Guaranty Agreement (Xerium Technologies Inc), Credit and Guaranty Agreement (Xerium Technologies Inc), Credit and Guaranty Agreement (Xerium Technologies Inc)
Currency Indemnity. (a) If any sum due from an Obligor under the Finance Documents (a “Sum”), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “First Currency”) in which that Sum is payable into another currency (the “Second Currency”) for the purpose of:
(i) making or filing a claim or proof against that Obligor;
(ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor shall as an independent obligation, within three 5 Business Days of demand, indemnify each Finance Party to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 6 contracts
Samples: Syndicated Revolving Credit Agreement (Ibasis Inc), Syndicated Revolving Credit Agreement (Koninklijke KPN N V), Syndicated Revolving Credit Agreement (Koninklijke KPN N V)
Currency Indemnity. (a) If any sum due from an Obligor under the Finance Documents (a “"Sum”"), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “"First Currency”") in which that Sum is payable into another currency (the “"Second Currency”") for the purpose of:
(i) making or filing a claim or proof against that Obligor;
(ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor shall as an independent obligation, within three five Business Days of demand, indemnify each Finance Party to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 6 contracts
Samples: Syndicated Loan Agreement (Hillenbrand, Inc.), Syndicated L/G Facility Agreement (Hillenbrand, Inc.), Syndicated Loan Agreement (Hillenbrand, Inc.)
Currency Indemnity. (a) If any sum due from an Obligor under the Finance Documents (a “"Sum”"), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “"First Currency”") in which that Sum is payable into another currency (the “"Second Currency”") for the purpose of:
(i) making or filing a claim or proof against that Obligor;
(ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor shall as an independent obligation, within three (3) Business Days of demand, indemnify each Finance Party to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 5 contracts
Samples: Multicurrency Revolving Credit and Bank Guarantee Facilities (Elster Group SE), Multicurrency Revolving Facility Agreement (Anthracite Capital Inc), Multicurrency Revolving Facility Agreement (Anthracite Capital Inc)
Currency Indemnity. (a) If any sum due from an Obligor under the Finance Documents (a “Sum”), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “First Currency”) in which that Sum is payable into another currency (the “Second Currency”) for the purpose of:
(i) making or filing a claim or proof against that Obligor;
(ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor shall as an independent obligation, within three (3) Business Days of demand, indemnify each Finance Party to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 5 contracts
Samples: Facility Agreement (Bristow Group Inc.), Facility Agreement (Bristow Group Inc.), Facility Agreement (KNOT Offshore Partners LP)
Currency Indemnity. (a) If any sum due from an Obligor the Borrower under the Finance Documents (a “Sum”), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “First Currency”) in which that Sum is payable into another currency (the “Second Currency”) for the purpose of:
(i) making or filing a claim or proof against that Obligor;the Borrower; or
(ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor the Borrower shall as an independent obligation, within three Business Days of demand, indemnify each Finance Party to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor The Borrower waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 5 contracts
Samples: Facility Agreement (Madeleine Charging B.V.), Facilities Agreement (WEIBO Corp), Term Facility Agreement (Coeur D Alene Mines Corp)
Currency Indemnity. (a) If any sum due from an Obligor under the Finance Documents (a “Sum”), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “First Currency”) in which that Sum is payable into another currency (the “Second Currency”) for the purpose of:
(i) making or filing a claim or proof against that Obligor;
(ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor shall as an independent obligation, within three Business Days of demand, indemnify each Finance Secured Party and the Arranger to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 4 contracts
Samples: Facility Agreement (InterXion Holding N.V.), Facility Agreement (InterXion Holding N.V.), Facility Agreement (InterXion Holding N.V.)
Currency Indemnity. (a) If any sum due from an Obligor the Borrower under the Finance Documents (a “Sum”), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “First Currency”) in which that Sum is payable into another currency (the “Second Currency”) for the purpose of:
(i) making or filing a claim or proof against that Obligorthe Borrower;
(ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor the Borrower shall as an independent obligation, obligation within three 3 Business Days of demanddemand upon presentation of Supporting Documentation, indemnify to the extent permitted by law each Finance Party to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor The Borrower waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 4 contracts
Samples: Credit Facility Agreement (Lafarge), Credit Facility Agreement (Lafarge), Credit Facility Agreement (Lafarge)
Currency Indemnity. (a) 14.1.1 If any sum due from an Obligor the Borrower under the Finance Documents (a “"Sum”"), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “"First Currency”") in which that Sum is payable into another currency (the “"Second Currency”") for the purpose of:
(ia) making or filing a claim or proof against that Obligorthe Borrower;
(iib) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor the Borrower shall as an independent obligation, within three Business Days of demand, indemnify each Finance Party to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor 14.1.2 The Borrower waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 4 contracts
Samples: Facility Agreement, Facility Agreement, Facility Agreement (Hoegh LNG Partners LP)
Currency Indemnity. (a) If any sum due from an Obligor under the Finance Documents (a “"Sum”"), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “"First Currency”") in which that Sum is payable into another currency (the “"Second Currency”") for the purpose of:
(i) making or filing a claim or proof against that Obligor;; or
(ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor the Borrowers shall as an independent obligation, within three 3 Business Days of demand, indemnify each Finance Party to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 4 contracts
Samples: Facility Agreement (Seanergy Maritime Holdings Corp.), Facility Agreement (Seanergy Maritime Holdings Corp.), Facility Agreement (Seanergy Maritime Holdings Corp.)
Currency Indemnity. (a) If any sum due from an Obligor under the Finance Documents (a “Sum”), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “First Currency”) in which that Sum is payable into another currency (the “Second Currency”) for the purpose of:
(i) making or filing a claim or proof against that Obligor;; or
(ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor shall as an independent obligation, within three (3) Business Days of demand, indemnify each Finance Party to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit Vessel other than that in which it is expressed to be payable.
Appears in 4 contracts
Samples: Term Facility Agreement, Term Facility Agreement (KNOT Offshore Partners LP), Term and Revolving Facilities Agreement (KNOT Offshore Partners LP)
Currency Indemnity. (a) If any sum due from an Obligor under the Finance Documents (a “Sum”), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “First Currency”) in which that Sum is payable into another currency (the “Second Currency”) for the purpose of:
(i) making or filing a claim or proof against that Obligor;; or
(ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor shall as an independent obligation, within three 3 Business Days of demanddemand by the Agent, indemnify each Finance Party to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payablepayable (or in which it is otherwise determined to be payable pursuant to clause 34.10 (Change of currency).
Appears in 4 contracts
Samples: Senior Facilities Agreement (Luxfer Holdings PLC), Senior Facilities Agreement (Luxfer Holdings PLC), Senior Facilities Agreement (Luxfer Holdings PLC)
Currency Indemnity. (a) If any sum due from an Obligor under the Finance Documents (a “Sum”), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “First Currency”) in which that Sum is payable into another currency (the “Second Currency”) for the purpose of:
(i) making or filing a claim or proof against that Obligor;
(ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor shall as an independent obligation, within three Business Days of demand, indemnify each Finance Party to whom that Sum is due the Lender against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 3 contracts
Samples: Facility Agreement (Central European Distribution Corp), Facility Agreement (FreeSeas Inc.), Facility Agreement (FreeSeas Inc.)
Currency Indemnity. (a) If any sum due from an Obligor under the Finance Documents (a “"Sum”"), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “"First Currency”") in which that Sum is payable into another currency (the “"Second Currency”") for the purpose of:
(i) making or filing a claim or proof against that Obligor;
(ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor shall as an independent obligation, within three Business Days of demand, indemnify each Finance Party to whom that Sum is due the Lender against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 3 contracts
Samples: Rollover Loan Agreement (Freeseas Inc.), Facility Agreement (Far East Energy Corp), Working Capital Bridge Facility Agreement (Moscow Cablecom Corp)
Currency Indemnity. (a) If any sum due from an Obligor under the Finance Documents (a “Sum”), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “First Currency”) in which that Sum is payable into another currency (the “Second Currency”) for the purpose of:
(i) making or filing a claim or proof against that Obligor;; and/or
(ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor shall shall, as an independent obligation, within three Business Days of demanddemand by a Finance Party, indemnify each Finance Party to whom that Sum is due against any cost, loss or liability Losses arising out of or as a result of the conversion including any discrepancy between (Ai) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (Bii) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 3 contracts
Samples: Facility Agreement (Navigator Holdings Ltd.), Facility Agreement (Cool Co Ltd.), Facility Agreement (Cool Co Ltd.)
Currency Indemnity. (a) 16.1.1 If any sum due from an Obligor under the Finance Documents (a “Sum”), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “First Currency”) in which that Sum is payable into another currency (the “Second Currency”) for the purpose of:
(ia) making or filing a claim or proof against that Obligor;; or
(iib) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, ,
(c) that Obligor shall as an independent obligation, within three Business Days of demand, indemnify the Arrangers and each Finance other Secured Party to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A1) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B2) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) 16.1.2 Each Obligor waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 3 contracts
Samples: Term Facility Agreement (Enstar Group LTD), Revolving Credit Facility Agreement (Enstar Group LTD), Term Facility Agreement (Enstar Group LTD)
Currency Indemnity. (a) 15.1.1 If any sum due from an Obligor under the Finance Documents (a “Sum”), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “First Currency”) in which that Sum is payable into another currency (the “Second Currency”) for the purpose of:
(ia) making or filing a claim or proof against that Obligor;
(iib) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor shall as an independent obligation, within three Business Days of demand, indemnify each Finance Party to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (Ai) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (Bii) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) 15.1.2 Each Obligor waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 3 contracts
Samples: Committed Multicurrency Revolving Facility Agreement (Marconi Corp PLC), Committed Multicurrency Revolving Facility Agreement (Marconi Corp PLC), Distribution Agreement (Central European Distribution Corp)
Currency Indemnity. (a) If any sum due from an Obligor under the Finance Documents (a “Sum”), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “First Currency”) in which that Sum is payable into another currency (the “Second Currency”) for the purpose of:
(i) making or filing a claim or proof against that Obligor;
(ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor shall as an independent obligation, within three 3 Business Days of demand, indemnify each Finance Party to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 3 contracts
Samples: Senior Revolving Credit Facility Agreement, Senior Revolving Credit Facility Agreement (Logitech International Sa), Multicurrency Revolving Facility Agreement (Anthracite Capital Inc)
Currency Indemnity. (a) If any sum due from an Obligor under the Finance Documents (a “"Sum”"), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “"First Currency”") in which that Sum is payable into another currency (the “"Second Currency”") for the purpose of:
(i) making or filing a claim or proof against that Obligor;; or
(ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor shall as an independent obligation, within three 3 Business Days of demand, indemnify each Finance Party to whom which that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 3 contracts
Samples: Subordinated Facility Agreement (Diana Shipping Inc.), Subordinated Facility Agreement (Diana Containerships Inc.), Facility Agreement (Diana Containerships Inc.)
Currency Indemnity. (a) If any sum due from an Obligor under the Finance Documents (a “"Sum”"), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “"First Currency”") in which that Sum is payable into another currency (the “"Second Currency”") for the purpose of:
(i) making or filing a claim or proof against that Obligor;
(ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor shall as an independent obligation, within three Business Days of demand, indemnify each Finance Party to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each To the extent permitted by applicable law, each Obligor waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 3 contracts
Samples: Facility Agreement (Kronos Worldwide Inc), Facility Agreement (Nl Industries Inc), Second Amendment Agreement (Kronos International Inc)
Currency Indemnity. (a) If any sum due from an Obligor under the Finance Documents (a “Sum”), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “First Currency”) in which that Sum is payable into another currency (the “Second Currency”) for the purpose of:
(i) making or filing a claim or proof against that Obligor;; or
(ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor shall as an independent obligation, within three Business Days of demand, indemnify each Finance Party the Lender to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 3 contracts
Samples: Facility Agreement (McGraw-Hill Global Education Intermediate Holdings, LLC), Facility Agreement (Huang Julia), Facility Agreement (Cheng Zheng)
Currency Indemnity. (a) If any sum due from an Obligor under the Finance Documents (a “Sum”), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “First Currency”) in which that Sum is payable into another currency (the “Second Currency”) for the purpose of:
(i) making or filing a claim or proof against that Obligor;
(ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor shall as an independent obligation, within three (3) Business Days of demand, indemnify each Finance Party to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 3 contracts
Samples: Facility Agreement (Marine Harvest ASA), Term Loan Facility Agreement (DHT Holdings, Inc.), Term Loan Facility Agreement (DHT Holdings, Inc.)
Currency Indemnity. (a) If any sum due from an Obligor under the Finance Documents (a “"Sum”"), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “"First Currency”") in which that Sum is payable into another currency (the “"Second Currency”") for the purpose of:
(i) making or filing a claim or proof against that Obligor;
(ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor shall as an independent obligation, within three Business Days of demand, indemnify each Finance Secured Party and the Arranger to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 3 contracts
Samples: Multipurpose Facilities Agreement (SunOpta Inc.), Senior Facilities Agreement (Alliance Data Systems Corp), Multipurpose Facilities Agreement (SunOpta Inc.)
Currency Indemnity. (a) If any sum due from an Obligor under the Finance Documents (a “Sum”), or any order, judgment or award given or made in relation to a Sum, has to must be converted from the currency (the “First Currency”) in which that Sum is payable into another currency (the “Second Currency”) for the purpose of:
(i) making or filing a claim or proof against that Obligor;; or
(ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor shall as an independent obligation, within three Business Days of demand, shall indemnify each Finance Secured Party to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person Person at the time of its receipt of that Sum.
(b) Each Obligor waives any right it may have in any jurisdiction to pay any amount under the any Finance Documents Document in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 3 contracts
Samples: Project Facilities Agreement and Intercreditor Agreement (Pacific Drilling S.A.), Project Facilities Agreement and Intercreditor Agreement (Pacific Drilling S.A.), Amendment and Restatement Agreement (Pacific Drilling S.A.)
Currency Indemnity. (a) If any sum due from an Obligor under the Finance Documents (a “Sum”), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “First Currency”) in which that Sum is payable into another currency (the “Second Currency”) for the purpose of:
(i) making or filing a claim or proof against that Obligor;; or
(ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor shall as an independent obligation, within three (3) Business Days of demand, indemnify the Arranger and each Finance other Secured Party to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 3 contracts
Samples: Amendment and Restatement Agreement (Aegean Marine Petroleum Network Inc.), Loan Agreement (Aegean Marine Petroleum Network Inc.), Borrowing Base Facility Agreement (Aegean Marine Petroleum Network Inc.)
Currency Indemnity. (a) If any sum due from an Obligor the Borrower under the Finance Documents (a “Sum”), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “First Currency”) in which that Sum is payable into another currency (the “Second Currency”) for the purpose of:
(i) making or filing a claim or proof against that Obligorthe Borrower;
(ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor the Borrower shall as an independent obligation, within three Business Days of demand, indemnify each Finance Party to whom that Sum is due the Lender against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor The Borrower waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 3 contracts
Samples: Facility Agreement (Mobile Telesystems Ojsc), Facility Agreement (Mobile Telesystems Ojsc), Facility Agreement (Mobile Telesystems Ojsc)
Currency Indemnity. (a) If any sum due from an Obligor under the Finance Documents (a “Sum”), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “First Currency”) in which that Sum is payable into another currency (the “Second Currency”) for the purpose of:
(i) making or filing a claim or proof against that Obligor;; or
(ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor shall as an independent obligation, within three Business Days of demand, indemnify the MLABs and each Finance other Secured Party to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 3 contracts
Samples: Facilities Agreement (StarTek, Inc.), Facilities Agreement (StarTek, Inc.), Facilities Agreement (StarTek, Inc.)
Currency Indemnity. (a) If any sum due from an Obligor the Borrower under the Finance Documents (a “"Sum”"), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “"First Currency”") in which that Sum is payable into another currency (the “"Second Currency”") for the purpose of:
(i) making or filing a claim or proof against that Obligorthe Borrower;
(ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor the Borrower shall as an independent obligation, within three Business Days of demand, indemnify each Finance Party to whom that Sum is due the Lender against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor The Borrower waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 2 contracts
Samples: Facility Agreement (CALGON CARBON Corp), Bridge Facility Agreement (SBS Broadcasting S A)
Currency Indemnity. (a) If any sum due from an Obligor the Obligors under the Finance Documents (a “"Sum”"), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “"First Currency”") in which that Sum is payable into another currency (the “"Second Currency”") for the purpose of:
(i) making or filing a claim or proof against that Obligor;
(ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor shall as an independent obligation, within three (3) Business Days of demand, indemnify each Finance Party to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 2 contracts
Samples: Amendment and Restatement Agreement (DHT Holdings, Inc.), Term Loan Facilities Agreement (DHT Holdings, Inc.)
Currency Indemnity. (a) If any sum due from an Obligor the Company under the Finance Documents (a “Sum”), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “First Currency”) in which that Sum is payable into another currency (the “Second Currency”) for the purpose of:
(i) making or filing a claim or proof against that Obligorthe Company;
(ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor the Company shall as an independent obligation, within three Business Days of demand, indemnify each Finance Party and the Arranger to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor The Company waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 2 contracts
Samples: Standby Letter of Credit Facility Agreement (Montpelier Re Holdings LTD), £110,000,000 Standby Letter of Credit Facility Agreement (Montpelier Re Holdings LTD)
Currency Indemnity. (a) 15.1.1 If any sum due from an Obligor under the Finance Documents (a “Sum”), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “First Currency”) in which that Sum is payable into another currency (the “Second Currency”) for the purpose of:
(ia) making or filing a claim or proof against that Obligor;; or
(iib) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor shall as an independent obligation, within three Business Days of demand, indemnify each Senior Finance Party to whom that Sum is due against any costcost reasonably incurred, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) 15.1.2 Each Obligor waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 2 contracts
Samples: Senior Facilities Agreement (Atlatsa Resources Corp), Senior Term Loan and Revolving Facilities Agreement (Atlatsa Resources Corp)
Currency Indemnity. (a) If any sum due from an Obligor the Borrower under the Finance Documents this Contract (a “"Sum”"), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “"First Currency”") in which that Sum is payable into another currency (the “"Second Currency”") for the purpose of:
(i) making or filing a claim or proof against that Obligor;the Borrower; or
(ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor the Borrower shall as an independent obligation, within three 3 (three) Business Days of demand, indemnify each Finance Party to whom that Sum is due the Bank against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person the Bank at the time of its receipt of that Sum.
(b) Each Obligor The Borrower waives any right it may have in any jurisdiction to pay any amount under the Finance Documents this Contract in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 2 contracts
Samples: Finance Contract (Pacificorp /Or/), Finance Contract (Midamerican Energy Holdings Co /New/)
Currency Indemnity. (a) If any sum due from an Obligor the Borrower under the Finance Documents (a “Sum”), or any order, judgment judgement or award given or made in relation to a Sum, has to be converted from the currency (the “First Currency”) in which that Sum is payable into another currency (the “Second Currency”) for the purpose of:
(ia) making or filing a claim or proof against that Obligorthe Borrower;
(iib) obtaining or enforcing an order, judgment judgement or award in relation to any litigation or arbitration proceedings, that Obligor the Borrower shall as an independent obligation, within three (3) Business Days of demand, indemnify each Finance Party to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor . The Borrower waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 2 contracts
Samples: Multi Currency Revolving Credit Facility Agreement (Gulfmark Offshore Inc), Long Term Facility Agreement (General Geophysics Co)
Currency Indemnity. (a) 16.1.1 If any sum due from an Obligor under the Finance Documents (a “Sum”), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “First Currency”) in which that Sum is payable into another currency (the “Second Currency”) for the purpose of:
(ia) making or filing a claim or proof against that Obligor;; or
(iib) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, ,
(c) that Obligor shall as an independent obligation, within three Business Days of demand, indemnify the Arranger and each Finance other Secured Party to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A1) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B2) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) 16.1.2 Each Obligor waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 2 contracts
Samples: Term Facility Agreement (Enstar Group LTD), Term Facility Agreement (Enstar Group LTD)
Currency Indemnity. (a) If any sum due from an Obligor under the Finance Documents (a “"Sum”"), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “"First Currency”") in which that Sum is payable into another currency (the “"Second Currency”") for the purpose of:
(i) making or filing a claim or proof against that Obligor;; or
(ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor shall as an independent obligation, within three Business Days of demand, indemnify each Finance Party to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.. LD943539/9
(b) Each Obligor waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 2 contracts
Samples: Multicurrency Term and Revolving Facilities Agreement (Xstrata PLC), Multicurrency Term and Revolving Facilities Agreement (Xstrata PLC)
Currency Indemnity. (a) 13.1.1. If any sum due from an Obligor the Borrower under the Finance Documents (a “Sum”), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “First Currency”) in which that Sum is payable into another currency (the “Second Currency”) for the purpose of:
(i) 13.1.1.1. making or filing a claim or proof against that Obligor;the Borrower; or
(ii) 13.1.1.2. obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor shall the Borrower shall, as an independent obligation, within three Business Days of demand, indemnify each Finance Party to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency Currency; and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor 13.1.2. The Borrower waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 2 contracts
Samples: Term Loan Facility Agreement, Term Loan Facility Agreement (Sibanye Gold LTD)
Currency Indemnity. (a) If any sum due from an Obligor under the Finance Documents (a “Sum”), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “First Currency”) in which that Sum is payable into another currency (the “Second Currency”) for the purpose of:
(i) making or filing a claim or proof against that Obligor;
(ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor shall as an independent obligation, within three 3 Business Days of demand, indemnify each Finance Party to whom which that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 2 contracts
Samples: Debtor in Possession Credit Agreement (Eagle Bulk Shipping Inc.), Credit Agreement (Eagle Bulk Shipping Inc.)
Currency Indemnity. (a) If any sum due from an Obligor the Obligors under the Finance Documents (a “"Sum”"), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “"First Currency”") in which that Sum is payable into another currency (the “"Second Currency”") for the purpose of:
(i) making or filing a claim or proof against that Obligor;
(ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor shall as an independent obligation, within three (3) Business Days of demand, indemnify each Finance Party to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor Obigor waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 2 contracts
Samples: Term Loan Facility Agreement (DHT Holdings, Inc.), Term Loan Facility Agreement (DHT Holdings, Inc.)
Currency Indemnity. (a) If any sum due from an Obligor a Loan Party under the Finance Documents (a “Sum”), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “First Currency”) in which that Sum is payable into another currency (the “Second Currency”) for the purpose of:
(i) making or filing a claim or proof against that Obligor;Loan Party; or
(ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor Loan Party shall as an independent obligation, within three Business Days of demand, indemnify the Arrangers and each Finance other Secured Party to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor Loan Party waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 2 contracts
Samples: Syndication and Amendment Agreement (Igate Corp), Facilities Agreement (Igate Corp)
Currency Indemnity. (a) If any sum due from an Obligor under the Finance Documents (a “Sum”), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “First Currency”) in which that Sum is payable into another currency (the “Second Currency”) for the purpose of:
(i) making or filing a claim or proof against that Obligor;
(ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor shall as an independent obligation, within three Business Days of demand, indemnify each Finance Party the Lender to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 2 contracts
Samples: Facility Agreement (WABCO Holdings Inc.), Facility Agreement (WABCO Holdings Inc.)
Currency Indemnity. (a) If any sum due from an Obligor under the Finance Documents (a “Sum”"SUM"), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “First Currency”"FIRST CURRENCY") in which that Sum is payable into another currency (the “Second Currency”"SECOND CURRENCY") for the purpose of:
(i) making or filing a claim or proof against that Obligor;
(ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor shall as an independent obligation, within three Business Days of demand, indemnify each Finance Party to whom that Sum is due the Lender against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 2 contracts
Samples: Facility Agreement (Harsco Corp), Facility Agreement (Harsco Corp)
Currency Indemnity. (a) If any sum due from an Obligor under the Finance Documents (a “"Sum”"), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “"First Currency”") in which that Sum is payable into another currency (the “"Second Currency”") for the purpose of:
(i) making or filing a claim or proof against that Obligor;
(ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor shall as an independent obligation, within three Business Days of demand, indemnify each Finance Party to whom that Sum is due against any cost, expense, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 2 contracts
Samples: Syndicated Facility Agreement (Metals Acquisition LTD), Syndicated Facility Agreement (Metals Acquisition Corp)
Currency Indemnity. (a) If any sum due from an Obligor a Borrower under the Finance Documents (a “Sum”), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “First Currency”) in which that Sum is payable into another currency (the “Second Currency”) for the purpose of:
(i) making or filing a claim or proof against that Obligorthe Borrower;
(ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor Borrower shall as an independent obligation, obligation within three Business Days of demand, indemnify to the extent permitted by law each Finance Party to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor Borrower waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 2 contracts
Samples: Facility Agreement (Legrand Holding Sa), Multicurrency Revolving Facility Agreement (Tercica Inc)
Currency Indemnity. (a) If any sum due from an Obligor a Borrower under the Finance Documents (a “Sum”), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “First Currency”) in which that Sum is payable into another currency (the “Second Currency”) for the purpose of:
(i) making or filing a claim or proof against that Obligorthe Borrower;
(ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor Borrower shall as an independent obligation, obligation within three Business Days of demand, indemnify to the extent permitted by law each Finance Party to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor Borrower waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 2 contracts
Samples: Multicurrency Term and Revolving Facilities Agreement (Tenedor CORP), Revolving Credit Facility Agreement (General Geophysics Co)
Currency Indemnity. (a) If any sum due from an Obligor the Borrower under the Finance Documents (a “Sum”), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “First Currency”) in which that Sum is payable into another currency (the “Second Currency”) for the purpose of:
(i) making or filing a claim or proof against that Obligorthe Borrower;
(ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor the Borrower shall as an independent obligation, within three (3) Business Days of demand, indemnify each Finance Party to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (Aa) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (Bb) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor The Borrower waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 2 contracts
Samples: Facility Agreement (Nordic American Offshore Ltd.), Facility Agreement (Nordic American Offshore Ltd.)
Currency Indemnity. (a) 16.1.1 If any sum due from an Obligor the Borrower under the Finance Documents (a “Sum”), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “First Currency”) in which that Sum is payable into another currency (the “Second Currency”) for the purpose of:
(ia) making or filing a claim or proof against that Obligorthe Borrower;
(iib) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor shall the Borrower shall, as an independent obligation, within three Business Days of demand, indemnify each Finance Party to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor 16.1.2 The Borrower waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 2 contracts
Samples: Borrowing Base Facility Agreement (MIE Holdings Corp), Shares Purchase Agreement (MIE Holdings Corp)
Currency Indemnity. (a) 14.1.1 If any sum due from an Obligor the Borrower under the Finance Documents (a “Sum”), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “First Currency”) in which that Sum is payable into another currency (the “Second Currency”) for the purpose of:
(ia) making or filing a claim or proof against that Obligorthe Borrower;
(iib) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor the Borrower shall as an independent obligation, within three Business Days of demand, indemnify each Finance Party to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor 14.1.2 The Borrower waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 2 contracts
Samples: Facility Agreement (Hoegh LNG Partners LP), Facility Agreement (Hoegh LNG Partners LP)
Currency Indemnity. (a) If any sum due from an Obligor under the Finance Documents (a “"Sum”"), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “"First Currency”") in which that Sum is payable into another currency (the “"Second Currency”") for the purpose of:
(i) making or filing a claim or proof against that Obligorany of the Obligors;
(ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor the Obligors shall as an independent obligation, within three (3) Business Days of demand, indemnify each Finance Party to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (Aa) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (Bb) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor Obligors waives any right it any of them may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 2 contracts
Samples: Facility Agreement (DHT Holdings, Inc.), Facility Agreement (DHT Holdings, Inc.)
Currency Indemnity. (aA) If any sum due from an Obligor the Borrower under the Finance Documents (a “Sum”), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “First Currency”) in which that Sum is payable into another currency (the “Second Currency”) for the purpose of:
(i1) making or filing a claim or proof against that Obligorthe Borrower;
(ii2) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor the Borrower shall as an independent obligation, within three Business Days of demand, indemnify each Finance Party to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (Ai) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (Bii) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(bB) Each Obligor The Borrower waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 2 contracts
Samples: Bridge and Term Facilities Agreement (Rentokil Initial PLC /Fi), Bridge and Term Facilities Agreement (Rentokil Initial PLC /Fi)
Currency Indemnity. (a) If any sum due from an Obligor the Borrower under the Finance Documents (a “Sum”), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “First Currency”) in which that Sum is payable into another currency (the “Second Currency”) for the purpose of:
(ia) making or filing a claim or proof against that Obligor;the Borrower, or
(iib) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor the Borrower shall as an independent obligation, within three Business Days of demand, indemnify each Finance Party to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (Aa) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (Bb) the rate or rates of exchange available to that person Finance Party at the time of its receipt of that Sum.
(b) Each Obligor . The Borrower waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 2 contracts
Samples: Loan Agreement (Safe Bulkers, Inc.), Amending and Restating Agreement (Safe Bulkers, Inc.)
Currency Indemnity. (a) 16.1.1 If any sum due from an Obligor under the Finance Transaction Documents (a “Sum”), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “First Currency”) in which that Sum is payable into another currency (the “Second Currency”) for the purpose of:
(ia) making or filing a claim or proof against that such Obligor;
(iib) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor the Borrower shall as an independent obligation, obligation within three (3) Business Days of demand, demand indemnify each Finance Party to whom that Sum is due against any cost, loss or liability Loss arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum, in each case such rate of exchange to be the prevailing rate of exchange for such amount then available to the Finance Party.
(b) Each Obligor 16.1.2 The Borrower waives any right it may have in any jurisdiction to pay any amount under the Finance Transaction Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 2 contracts
Samples: Facility Agreement (Avolon Holdings LTD), Facility Agreement (Avolon Holdings LTD)
Currency Indemnity. (a) If any sum due from an Obligor a Borrower under the Finance Documents (a “Sum”), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “First Currency”) in which that Sum is payable into another currency (the “Second Currency”) for the purpose of:
(i) making or filing a claim or proof against that ObligorBorrower;
(ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor Borrower shall as an independent obligation, within three Business Days of demand, indemnify each Finance Party to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor Borrower waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 1 contract
Samples: Revolving Facility Agreement (Alpha Beta Netherlands Holding N.V.)
Currency Indemnity. (a) If any sum due from an Obligor under the Finance Documents (a “"Sum”"), or any order, judgment judgement or award given or made in relation to a Sum, has to be converted from the currency (the “"First Currency”") in which that Sum is payable into another currency (the “"Second Currency”") for the purpose of:
: (i) making or filing a claim or proof against that Obligor;
; (ii) obtaining or enforcing an order, judgment judgement or award in relation to any litigation or arbitration proceedings, that Obligor shall as an independent obligation, within three (3) Business Days of demand, indemnify each Finance Party to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 1 contract
Samples: Term Loan Facility (Flex LNG Ltd.)
Currency Indemnity. (a) 16.1.1 If any sum due from an Obligor under the Finance Documents (a “Sum”), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “First Currency”) in which that Sum is payable into another currency (the “Second Currency”) for the purpose of:
(ia) making or filing a claim or proof against that Obligor;
(iib) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor shall as an independent obligation, within three Business Banking Days of demand, indemnify each Finance Party to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) 16.1.2 Each Obligor waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 1 contract
Samples: Facility Agreement (British Sky Broadcasting Group PLC)
Currency Indemnity. (a) 15.1.1 If any sum due from an Obligor under the Finance Documents (a “Sum”), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “First Currency”) in which that Sum is payable into another currency (the “Second Currency”) for the purpose of:
(i) 15.1.1.1 making or filing a claim or proof against that Obligor;
(ii) 15.1.1.2 obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor shall as an independent obligation, within three 3 Business Days of demand, indemnify each Finance Party to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) 15.1.2 Each Obligor waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 1 contract
Samples: Term Loan and Multicurrency Revolving Facilities Agreement (AVG Technologies N.V.)
Currency Indemnity. (a) If any sum due from an Obligor a Debtor under the Finance Debt Documents (a “Sum”), or any order, judgment or award given or made in relation to a Sum, Sum has to be converted from the currency (the “First Currency”) in which that Sum is payable into another currency (the “Second Currency”) for the purpose of:
(i) making or filing a claim or proof against that Obligor;Xxxxxx; or
(ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor Debtor shall as an independent obligation, within three ten (10) Business Days of demand, indemnify each Finance Secured Party to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor Debtor waives any right it may have in any jurisdiction to pay any amount under the Finance Debt Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 1 contract
Samples: Intercreditor Agreement
Currency Indemnity. (a) If any sum due from an Obligor under the Finance Documents (a “Sum”), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “First Currency”) in which that Sum is payable into another currency (the “Second Currency”) for the purpose of:
(i) making or filing a claim or proof against that Obligor;
(ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor shall as an independent obligation, within three five Business Days of demand, indemnify each Finance Party Holder to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 1 contract
Samples: Subscription Agreement (Radius Global Infrastructure, Inc.)
Currency Indemnity. (a) 16.1.1 If any sum due from an Obligor under the Finance Documents (a “"Sum”"), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “"First Currency”") in which that Sum is payable into another currency (the “"Second Currency”") for the purpose of:
(iA) making or filing a claim or proof against that Obligor;
(iiB) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor shall as an independent obligation, within three (3) Business Days of demand, indemnify each Finance Party to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A1) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B2) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor 16.1.2 The Borrower waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 1 contract
Samples: Term Loan and Standby Letter of Credit Facilities (PCCW LTD)
Currency Indemnity. (a) If any sum due from an Obligor the Borrower under the Finance Documents (a “"Sum”"), or any order, judgment judgement or award given or made in relation to a Sum, has to be converted from the currency (the “"First Currency”") in which that Sum is payable into another currency (the “"Second Currency”") for the purpose of:
(ia) making or filing a claim or proof against that Obligorthe Borrower;
(iib) obtaining or enforcing an order, judgment judgement or award in relation to any litigation or arbitration proceedings, that Obligor the Borrower shall as an independent obligation, within three (3) Business Days of demand, indemnify each Finance Party to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor . The Borrower waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 1 contract
Samples: Multi Currency Revolving Credit Facility Agreement (Gulfmark Offshore Inc)
Currency Indemnity. (a) If any sum due from an Obligor under the Finance Documents (a “Sum”), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “First Currency”) in which that Sum is payable into another currency (the “Second Currency”) for the purpose of:
(i) making or filing a claim or proof against that an Obligor;; or
(ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that each Obligor shall as an independent obligation, within three (3) Business Days of demand, indemnify each the Finance Party to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 1 contract
Samples: Term Loan Facility Agreement (KNOT Offshore Partners LP)
Currency Indemnity. (a) If any sum due from an Obligor under the Finance Documents (a “Sum”), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “First Currency”) in which that Sum is payable into another currency (the “Second Currency”) for the purpose of:
(i) making or filing a claim or proof against that Obligor;; or
(ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor shall as an independent obligation, within three Business Days of demand, indemnify the Arranger and each Finance other Secured Party to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 1 contract
Samples: Facility Agreement (Cascal N.V.)
Currency Indemnity. (a) If any sum due from an Obligor the Borrower under the Finance Documents (a “Sum”), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “First Currency”) in which that Sum is payable into another currency (the “Second Currency”) for the purpose of:
(i) making or filing a claim or proof against that Obligor;the Borrower; and/or
(ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor the Borrower shall as an independent obligation, within three 3 Business Days of demand, indemnify each Finance Party to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor The Borrower waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 1 contract
Samples: Facility Agreement
Currency Indemnity. (a) If any sum due from an Obligor under the Finance Documents (a “"Sum”"), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “"First Currency”") in which that Sum is payable into another currency (the “"Second Currency”") for the purpose of:
(i) making or filing a claim or proof against that Obligor;
(ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor shall as an independent obligation, within three ten Business Days of demand, indemnify each Finance Party to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 1 contract
Samples: Senior Secured Credit Facility (United Pan Europe Communications Nv)
Currency Indemnity. (a) If any sum due from an Obligor under the Finance Documents (a “Sum”), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “First Currency”) in which that Sum is payable into another currency (the “Second Currency”) for the purpose of:
(i) making or filing a claim or proof against that Obligor;
(ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor the Obligors shall as an independent obligation, within three Business Days of demand, jointly and severally indemnify each Finance Party to whom that Sum is due the Lender against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 1 contract
Currency Indemnity. (a) 16.1.1 If any sum due from an Obligor under the Finance Documents (a “Sum”), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “First Currency”) in which that Sum is payable into another currency (the “Second Currency”) for the purpose of:
(ia) making or filing a claim or proof against that Obligor;
(iib) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor shall as an independent obligation, within three Business Days of demand, indemnify each Finance Party to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (Ai) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (Bii) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) 16.1.2 Each Obligor waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 1 contract
Samples: Facility Agreement (Central European Distribution Corp)
Currency Indemnity. (a) If any sum due from an Obligor the Borrower under the Finance Documents (a “"Sum”"), or any order, judgment judgement or award given or made in relation to a Sum, has to be converted from the currency (the “"First Currency”") in which that Sum is payable into another currency (the “"Second Currency”") for the purpose of:
(ia) making or filing a claim or proof against that Obligor;the Borrower,
(iib) obtaining or enforcing an order, judgment judgement or award in relation to any litigation or arbitration proceedings, that Obligor the Borrower shall as an independent obligation, within three (3) Business Days of demand, indemnify each Finance Party to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor Sum The Borrower waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 1 contract
Samples: Revolving Credit Facility Agreement (Nordic American Tanker Shipping LTD)
Currency Indemnity. (a) If any sum due from an Obligor under the Finance Documents (a “Sum”), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “First Currency”) in which that such Sum is payable into another currency (the “Second Currency”) for the purpose of:
(i) making or filing a claim or proof against that Obligor;
(ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that such Obligor shall shall, as an independent obligation, within three Business Days of demand, indemnify each Finance Party to whom that such Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that such Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that such Sum.
(b) Each Obligor waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 1 contract
Currency Indemnity. (aA) If any sum due from an Obligor under the Finance Documents (a “Sum”), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “First Currency”) in which that Sum is payable into another currency (the “Second Currency”) for the purpose of:
(i1) making or filing a claim or proof against that Obligor;; or
(ii2) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor shall as an independent obligation, within three Business Days of demand, indemnify each Finance Party to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(bB) Each Obligor waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 1 contract
Samples: Multicurrency Revolving Facility Agreement (Endava PLC)
Currency Indemnity. (a) If any sum due from an Obligor under the Finance Documents (a “"Sum”"), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “"First Currency”") in which that Sum is payable into another currency (the “"Second Currency”") for the purpose of:
(i) making or filing a claim or proof against that Obligor;
(ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor shall as an independent obligation, within three Business Days of demand, indemnify each Finance Party to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.. Back to Contents
Appears in 1 contract
Samples: Multicurrency Revolving Facility Agreement (Wolseley PLC)
Currency Indemnity. (a) If any sum due from an Obligor under the Finance Documents (a “Sum”), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “First Currency”) in which that Sum is payable into another currency (the “Second Currency”) for the purpose of:
(i) making or filing a claim or proof against that Obligor;
(ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor the Parent shall as an independent obligation, within three Business Banking Days of demand, indemnify each Finance Party to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 1 contract
Currency Indemnity. (a) If any sum due from an Obligor under the Finance Documents (a “Sum”), ) or any order, judgment or award given or made in relation to a Sum, Sum has to be converted from the currency (the “First Currency”) in which that Sum is payable into another currency (the “Second Currency”) for the purpose of:
(i) making or filing a claim or proof against that Obligor;
(ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor shall as an independent obligation, within three Business Days of demand, indemnify each Finance Secured Party to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (Aa) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (Bb) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor The Borrower waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 1 contract
Samples: Amendment and Restatement Agreement (Hamilton Insurance Group, Ltd.)
Currency Indemnity. (a) 19.1.1 If any sum due from an Obligor under the Finance Documents (a “Sum”"), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “First Currency”") in which that Sum is payable into another currency (the “Second Currency”") for the purpose of:
(iA) making or filing a claim or proof against that Obligor;; or
(iiB) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor shall as an independent obligation, within three Business Days of demand, indemnify each Finance Party to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (Ai) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (Bii) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 1 contract
Samples: Junior Credit Agreement (Endeavour International Corp)
Currency Indemnity. (a) If any sum due from an Obligor under the Finance Documents (a “Sum”), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “First Currency”) in which that Sum is payable into another currency (the “Second Currency”) for the purpose of:
(i) making or filing a claim or proof against that Obligor;; and/or
(ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor shall shall, as an independent obligation, within three Business Days of demanddemand by the Lender, indemnify each Finance Party to whom that Sum is due the Lender against any cost, loss or liability Losses arising out of or as a result of the conversion including any discrepancy between (Ai) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (Bii) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable. For the purpose of this clause 15.1 rate of exchange means the rate at which the Lender is able on the relevant date to purchase the Second Currency with the First Currency and shall take into account any commission, premium and other costs of exchange and Taxes payable in connection with such purchase.
Appears in 1 contract
Samples: Facility Agreement (Danaos Corp)
Currency Indemnity. (a) If any sum due from an Obligor under the Finance Documents (a “"Sum”"), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “"First Currency”") in which that Sum is payable into another currency (the “"Second Currency”") for the purpose of:
(i) making or filing a claim or proof against that Obligor;
(ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor shall as an independent obligation, within three five Business Days of demand, indemnify each Finance Party Holder to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 1 contract
Samples: Subscription Agreement (Radius Global Infrastructure, Inc.)
Currency Indemnity. (a) If any sum due from an Obligor under the Finance Documents (a “Sum”), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “First Currency”) in which that Sum is payable into another currency (the “Second Currency”) for the purpose of:
(i) making or filing a claim or proof against that Obligor;; or
(ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, ,
(iii) that Obligor shall as an independent obligation, within three Business Days of demand, indemnify the Mandated Lead Arrangers and each other Finance Party to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A1) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B2) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 1 contract
Samples: Revolving Credit Facility Agreement (Enstar Group LTD)
Currency Indemnity. (a) If any sum due from an Obligor under the Finance Documents (a “Sum”), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “First Currency”) in which that Sum is payable into another currency (the “Second Currency”) for the purpose of:
(i) making or filing a claim or proof against that Obligor;; and/or
(ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor shall shall, as an independent obligation, within three Business Days of demanddemand by a Finance Party, indemnify each Finance Party to whom that Sum is due against any cost, loss or liability Losses arising out of or as a result of the conversion including any discrepancy between (Ai) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (Bii) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(ba) Each Obligor waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 1 contract
Currency Indemnity. (a) If any sum due from an Obligor under the Finance Documents (a “Sum”), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “First Currency”) in which that Sum is payable into another currency (the “Second Currency”) for the purpose of:
(i) making or filing a claim or proof against that Obligor;; or
(ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, the Borrower shall on behalf of that Obligor shall as an independent obligation, within three Business Days of demand, indemnify each Finance Party to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor of the Borrower and the Guarantor on behalf of itself and each other Obligors waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 1 contract
Currency Indemnity. (a) If any sum due from an Obligor under the Finance Documents (a “Sum”), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “First Currency”) in which that Sum is payable into another currency (the “Second Currency”) for the purpose of:
(i) making or filing a claim or proof against that Obligor;
(ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor shall as an independent obligation, within three Business Days of demand, indemnify each Finance Party to whom that Sum is due the Lenders against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 1 contract
Currency Indemnity. (a) If any sum due from an Obligor under the Finance Documents (a “Sum”), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “First Currency”) in which that Sum is payable into another currency (the “Second Currency”) for the purpose of:
(i) making or filing a claim or proof against that Obligor;
(ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor shall as an independent obligation, within three Business Days of demand, indemnify each Finance Party to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 1 contract
Samples: Term Loan Facility Agreement (KNOT Offshore Partners LP)
Currency Indemnity. (a) If any sum due from an Obligor under the Finance Documents (a “"Sum”"), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “"First Currency”") in which that Sum is payable into another currency (the “"Second Currency”") for the purpose of:
(i) making or filing a claim or proof against that Obligor;
(ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor shall as an independent obligation, within three Business Days of a written demand, indemnify each Finance Party to whom that Sum is due against any duly documented cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 1 contract
Currency Indemnity. (a) If any sum due from an Obligor under the Finance Documents (a “Sum”), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “First Currency”) in which that Sum is payable into another currency (the “Second Currency”) for the purpose of:
(i) making or filing a claim or proof against that Obligor;; or
(ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, ,
(iii) that Obligor shall as an independent obligation, within three Business Days of demand, indemnify the Arrangers and each Finance other Secured Party to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A1) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B2) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 1 contract
Currency Indemnity. (a) If any sum due from an Obligor under the Finance Documents (a “"Sum”"), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “"First Currency”") in which that Sum is payable into another currency (the “"Second Currency”") for the purpose of:
(i) making or filing a claim or proof against that Obligor;
(ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor shall as an independent obligation, within three ten (10) Business Days of demand, indemnify each Finance Party to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 1 contract
Samples: Facility Agreement (Synnex Corp)
Currency Indemnity. (a) If any sum due from an Obligor the Obligors under the Finance Documents (a “Sum”), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “First Currency”) in which that Sum is payable into another currency (the “Second Currency”) for the purpose of:
(i) making or filing a claim or proof against that Obligor;
(ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor shall as an independent obligation, within three (3) Business Days of demand, indemnify each Finance Party to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 1 contract
Currency Indemnity. (a) 20.3.1 If any sum due from an Obligor the Borrower under the Finance Financing Documents (a “Sum”), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “First Currency”) in which that Sum is payable into another currency (the “Second Currency”) for the purpose of:
(ia) making or filing a claim or proof against that Obligor;the Borrower; or
(iib) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor shall the Borrower shall, as an independent obligation, within three Business Days of demand, indemnify each Finance Financing Party to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (Ai) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (Bii) the rate or rates of exchange available to that person or entity at the time of its receipt of that Sum.
(b) Each Obligor 20.3.2 The Borrower waives any right it may have in any jurisdiction to pay any amount under the Finance Financing Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 1 contract
Samples: Credit Agreement (New Gold Inc. /FI)
Currency Indemnity. (a) If any sum due from an Obligor under the Finance Documents (a “Sum”), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “First Currency”) in which that Sum is payable into another currency (the “Second Currency”) for the purpose of:
(i) making or filing a claim or proof against that Obligor;
(ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor shall as an independent obligation, within three Business Days of demand, indemnify each Finance Party to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.. Back to Contents
(b) Each Obligor waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 1 contract
Samples: Multicurrency Revolving Facility Agreement (Wolseley PLC)
Currency Indemnity. (a) If any sum due from an Obligor under the Finance Documents (a “Sum”), ) or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “First Currency”) in which that Sum is payable into another currency (the “Second Currency”) for the purpose of:
(i) making or filing a claim or proof against that Obligor;; or
(ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor shall as an independent obligation, within three (3) Business Days of demand, indemnify the Arranger and each Finance other Secured Party to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 1 contract
Samples: Amendment and Restatement Agreement (Aegean Marine Petroleum Network Inc.)
Currency Indemnity. (a) 12.1.1 If any sum due from an Obligor under the Finance Transaction Documents (a “Sum”), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “First Currency”) in which that Sum is payable into another currency (the “Second Currency”) for the purpose of:
(ia) making or filing a claim or proof against that Obligor;; or
(iib) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor shall shall, as an independent obligation, within three Business Days of demand, indemnify each Finance Secured Party to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (Ai) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (Bii) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) 12.1.2 Each Obligor waives any right it may have in any jurisdiction to pay any amount under the Finance Transaction Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 1 contract
