Common use of Currency Translation Clause in Contracts

Currency Translation. Notwithstanding the foregoing, for purposes of any determination under Article V, Article VI (other than Section 6.12) or Article VII or any determination under any other provision of this Agreement expressly requiring the use of a current exchange rate, all amounts incurred, outstanding or proposed to be incurred or outstanding in currencies other than dollars shall be translated into dollars at currency exchange rates in effect on the date of such determination; provided, however, that for purposes of determining compliance with Article VI with respect to the amount of any Indebtedness, Investment, Disposition or Restricted Payment in a currency other than dollars, no Default or Event of Default shall be deemed to have occurred solely as a result of changes in rates of exchange occurring after the time such Indebtedness or Investment is incurred or Disposition or Restricted Payment made; provided that, for the avoidance of doubt, the foregoing provisions of this Section 1.06 shall otherwise apply to such Sections, including with respect to determining whether any Indebtedness or Investment may be incurred or Disposition or Restricted Payment made at any time under such Sections. For purposes of Section 6.12 and Section 4.02, amounts in currencies other than dollars shall be translated into dollars at the currency exchange rates used in preparing the most recently delivered financial statements pursuant to Section 5.01(a) or (b).

Appears in 8 contracts

Samples: Collateral Agreement (SMART Global Holdings, Inc.), Collateral Agreement (SMART Global Holdings, Inc.), Collateral Agreement (SMART Global Holdings, Inc.)

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Currency Translation. Notwithstanding the foregoing, for For purposes of any determination under Article VVI, Article VI VII (other than Section 6.127.10) or Article VII VIII or any determination under any other provision of this Agreement expressly requiring the use of a current exchange rate, all amounts incurred, outstanding or proposed to be incurred or outstanding in currencies other than dollars Dollars shall be translated into dollars Dollars at currency exchange rates in effect on the date of such determination; provided, however, that for purposes of determining compliance with Article VI VII with respect to the amount of any Indebtedness, InvestmentAsset Disposition, Disposition Investment or Restricted Payment in a currency other than dollarsDollars, no Default or Event of Default shall be deemed to have occurred solely as a result of changes in rates of exchange occurring after the time such Indebtedness or Investment is incurred or Disposition Asset Disposition, Investment or Restricted Payment is made; provided that, for the avoidance of doubt, the foregoing provisions of this Section 1.06 1.08 shall otherwise apply to such Sections, including with respect to determining whether any Indebtedness or Investment may be incurred or Disposition Asset Disposition, Investment or Restricted Payment made at any time under such Sections. For purposes of Section 6.12 and Section 4.027.10, amounts in currencies other than dollars Dollars shall be translated into dollars Dollars at the currency exchange rates used in preparing the most recently delivered financial statements pursuant to Section 5.01(a6.01(a) or (b).

Appears in 7 contracts

Samples: Credit Agreement (Jazz Pharmaceuticals PLC), Credit Agreement (Jazz Pharmaceuticals PLC), Credit Agreement (Jazz Pharmaceuticals PLC)

Currency Translation. Notwithstanding the foregoing, for purposes of any determination under Article V5, Article VI 6 (other than Section 6.12the Financial Performance Covenants) or Article VII 7 or any determination under any other provision of this Agreement expressly requiring the use of a current exchange rate, all amounts incurred, outstanding or proposed to be incurred or outstanding in currencies other than dollars shall be translated into dollars at currency exchange rates in effect on the date of such determination; provided, however, that for purposes of determining compliance with Article VI 6 with respect to the amount of any Indebtedness, Investment, Disposition or Restricted Payment in a currency other than dollars, no Default or Event of Default shall be deemed to have occurred solely as a result of changes in rates of exchange occurring after the time such Indebtedness or Investment is incurred or Disposition or Restricted Payment made; provided that, for the avoidance of doubt, the foregoing provisions of this Section 1.06 shall otherwise apply to such Sections, including with respect to determining whether any Indebtedness or Investment may be incurred or Disposition or Restricted Payment made at any time under such Sections. For purposes of Section 6.12 and Section 4.02the Financial Performance Covenants, amounts in currencies other than dollars shall be translated into dollars at the currency exchange rates used in preparing the most recently delivered financial statements pursuant to Section 5.01(a) or (b).

Appears in 3 contracts

Samples: Credit Agreement, Credit Agreement (Virtu Financial, Inc.), Credit Agreement (Virtu Financial, Inc.)

Currency Translation. Notwithstanding the foregoing, for For purposes of any determination under Article V, Article VI (other than Section 6.12) or Article VII or any determination under any other provision of this Agreement expressly requiring the use of a current exchange rate, all amounts incurred, outstanding or proposed to be incurred or outstanding in currencies other than dollars Dollars shall be translated into dollars Dollars at currency exchange rates in effect on the date of such determination; provided, however, that for purposes of determining compliance with Article VI with respect to the amount of any Indebtedness, InvestmentAsset Sale, Disposition Investment or Restricted Payment in a currency other than dollarsDollars, no Default or Event of Default shall be deemed to have occurred solely as a result of changes in rates of exchange occurring after the time such Indebtedness or Investment is incurred or Disposition Asset Sale, Investment or Restricted Payment is made; provided that, for the avoidance of doubt, the foregoing provisions of this Section 1.06 1.07 shall otherwise apply to such Sections, including with respect to determining whether any Indebtedness or Investment may be incurred or Disposition Asset Sale, Investment or Restricted Payment made at any time under such Sections. For purposes of Section 6.12 and Section 4.026.12, amounts in currencies other than dollars Dollars shall be translated into dollars Dollars at the currency exchange rates used in preparing the most recently delivered financial statements pursuant to Section 5.01(a5.04(a) or (b).

Appears in 3 contracts

Samples: Credit Agreement (Jazz Pharmaceuticals PLC), Credit Agreement (Jazz Pharmaceuticals PLC), Credit Agreement (Jazz Pharmaceuticals PLC)

Currency Translation. Notwithstanding the foregoing, for purposes of any determination under Article V5, Article VI 6 (other than Section 6.12Sections 6.12 and 6.13) or Article VII 7 or any determination under any other provision of this Agreement expressly requiring the use of a current exchange rate, all amounts incurred, outstanding or proposed to be incurred or outstanding in currencies other than dollars shall be translated into dollars at currency exchange rates in effect on the date of such determination; provided, however, that for purposes of determining compliance with Article VI 6 with respect to the amount of any Indebtedness, Investment, Disposition or Restricted Payment in a currency other than dollars, no Default or Event of Default shall be deemed to have occurred solely as a result of changes in rates of exchange occurring after the time such Indebtedness or Investment is incurred or Disposition or Restricted Payment made; provided that, for the avoidance of doubt, the foregoing provisions of this Section 1.06 shall otherwise apply to such Sections, including with respect to determining whether any Indebtedness or Investment may be incurred or Disposition or Restricted Payment made at any time under such Sections. For purposes of Section Sections 6.12 and Section 4.026.13, amounts in currencies other than dollars shall be translated into dollars at the currency exchange rates used in preparing the most recently delivered financial statements pursuant to Section 5.01(a) or (b).

Appears in 3 contracts

Samples: Junior Lien Intercreditor Agreement (Virtu Financial, Inc.), Restatement Agreement (Virtu Financial, Inc.), Collateral Agreement (Virtu Financial, Inc.)

Currency Translation. Notwithstanding the foregoing, for purposes of any determination under Article V5, Article VI 6 (other than Section 6.12the Financial Performance Covenant) or Article VII 7 or any determination under any other provision of this Agreement expressly requiring the use of a current currency exchange rate, all amounts incurred, outstanding or proposed to be incurred or outstanding in currencies other than dollars shall be translated into dollars at currency exchange rates in effect on the date of such determination; provided, however, that for purposes of determining compliance with Article VI 6 with respect to the amount of any Indebtedness, Investment, Disposition or Restricted Payment in a currency other than dollars, no Default or Event of Default shall be deemed to have occurred solely as a result of changes in rates of exchange occurring after the time such Indebtedness or Investment is incurred or Disposition or Restricted Payment made; provided that, for the avoidance of doubt, the foregoing provisions of this Section 1.06 shall otherwise apply to such Sections, including with respect to determining whether any Indebtedness or Investment may be incurred or Disposition or Restricted Payment made at any time under such Sections. For purposes of Section 6.12 and Section 4.02the Financial Performance Covenant, amounts in currencies other than dollars shall be translated into dollars at the currency exchange rates used in preparing the most recently delivered financial statements pursuant to Section 5.01(a) or (b).

Appears in 2 contracts

Samples: Credit Agreement (Virtu Financial, Inc.), Credit Agreement (Virtu Financial, Inc.)

Currency Translation. Notwithstanding the foregoing, for purposes of any determination under Article V5, Article VI 6 (other than Section 6.12the Financial Performance Covenants) or Article VII 7 or any determination under any other provision of this Agreement expressly requiring the use of a current exchange rate, all amounts incurred, outstanding or proposed to be incurred or outstanding in currencies other than dollars shall be translated into dollars at currency exchange rates in effect on the date of such determination; provided, however, that for purposes of determining compliance with Article VI 6 with respect to the amount of any Indebtedness, Investment, Disposition or Restricted Payment in a currency other than dollars, no Default or Event of Default shall be deemed to have occurred solely as a result of changes in rates of exchange occurring after the time such Indebtedness or Investment is incurred or Disposition or Restricted Payment made; provided that, for the avoidance of doubt, the foregoing provisions of this Section 1.06 shall otherwise apply to such Sections, including with respect to determining whether any Indebtedness or Investment may be incurred or Disposition or Restricted 60 Payment made at any time under such Sections. For purposes of Section 6.12 and Section 4.02the Financial Performance Covenants, amounts in currencies other than dollars shall be translated into dollars at the currency exchange rates used in preparing the most recently delivered financial statements pursuant to Section 5.01(a) or (b).

Appears in 1 contract

Samples: Restatement Agreement (Virtu Financial, Inc.)

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Currency Translation. Notwithstanding the foregoing, for For purposes of any determination under Article VVI, Article VI VII (other than Section 6.127.13) or Article VII VIII or any determination under any other provision of this Agreement expressly requiring the use of a current exchange rate, all amounts incurred, outstanding or proposed to be incurred or outstanding in currencies other than dollars shall be translated into dollars at currency exchange rates in effect on the date of such determination; provided, however, that for purposes of determining compliance with Article VI VII with respect to the amount of any Indebtedness, InvestmentAsset Disposition, Disposition Investment or Restricted Payment in a currency other than dollars, no Default or Event of Default shall be deemed to have occurred solely as a result of changes in rates of exchange occurring after the time such Indebtedness or Investment is incurred or Disposition or Restricted Payment made; provided that, for the avoidance of doubt, the foregoing provisions of this Section 1.06 1.08 shall otherwise apply to such Sections, including with respect to determining whether any Indebtedness or Investment may be incurred or Asset Disposition or Restricted Payment made at any time under such Sections. For purposes of Section 6.12 and Section 4.027.13, amounts in currencies other than dollars shall be translated into dollars at the currency exchange rates used in preparing the most recently delivered financial statements pursuant to Section 5.01(a6.01(a) or (b).

Appears in 1 contract

Samples: Credit Agreement (Medassets Inc)

Currency Translation. Notwithstanding the foregoing, for For purposes of any determination under Article VVI, Article VI VII, (other than Section 6.127.13) or Article VII VIII or any determination under any other provision of this Agreement expressly requiring the use of a current exchange rate, all amounts incurred, outstanding or proposed to be incurred or outstanding in currencies other than dollars shall be translated into dollars at currency exchange rates in effect on the date of such determination; provided, however, that for purposes of determining compliance with Article VI VII with respect to the amount of any Indebtedness, InvestmentAsset Disposition, Disposition Investment or Restricted Payment in a currency other than dollars, no Default or Event of Default shall be deemed to have occurred solely as a result of changes in rates of exchange occurring after the time such Indebtedness or Investment is incurred or Disposition or Restricted Payment made; provided that, for the avoidance of doubt, the foregoing provisions of this Section 1.06 1.08 shall otherwise apply to such Sections, including with respect to determining whether any Indebtedness or Investment may be incurred or Asset Disposition or Restricted Payment made at any time under such Sections. For purposes of Section 6.12 and Section 4.027.13, amounts in currencies other than dollars shall be translated into dollars at the currency exchange rates used in preparing the most recently delivered financial statements pursuant to Section 5.01(a6.01(a) or (b).

Appears in 1 contract

Samples: Credit Agreement (Medassets Inc)

Currency Translation. Notwithstanding the foregoing, for For purposes of any determination under Article V, Article VI (other than Section 6.126.10) or Article VII or any determination under any other provision of this Agreement expressly requiring the use of a current exchange rate, all amounts incurred, outstanding or proposed to be incurred or outstanding in currencies other than dollars shall be translated into dollars at the Exchange Rate (rounded to the nearest currency exchange rates in effect on the date unit, with 0.5 or more of such determinationa currency unit being rounded upward); provided, however, that for purposes of determining compliance with Article VI with respect to the amount of any Indebtedness, Investment, Disposition or Restricted Payment in a currency other than dollars, no Default or Event of Default shall be deemed to have occurred solely as a result of changes in rates of exchange occurring after the time such Indebtedness or Investment is incurred or Disposition or Restricted Payment made; provided that, for the avoidance of doubt, the foregoing provisions of this Section 1.06 shall otherwise apply to such Sections, including with respect to determining whether any Indebtedness or Investment may be incurred or Disposition or Restricted Payment made at any time under such Sections. For purposes of Section 6.12 and Section 4.02any determination of Consolidated Net Debt, amounts in currencies other than dollars shall be translated into dollars at the currency exchange rates used in preparing the most recently delivered financial statements pursuant to Section 5.01(a) or (b).

Appears in 1 contract

Samples: Intercreditor Agreement (SMART Global Holdings, Inc.)

Currency Translation. Notwithstanding the foregoing, for For purposes of any determination under Article VVI, Article VI VII (other than Section 6.127.10) or Article VII VIII or any determination under any other provision of this Agreement expressly requiring the use of a current exchange rate, all amounts incurred, outstanding or proposed to be incurred or outstanding in currencies other than dollars Dollars shall be translated into dollars Dollars at currency exchange rates in effect on the date of such determination; provided, however, that for purposes of determining compliance with Article VI VII with respect to the amount of any Indebtedness, InvestmentAsset Disposition, Disposition Investment or Restricted Payment in a currency other than dollarsDollars, no Default or Event of Default shall be deemed to have occurred solely as a result of changes in rates of - 62 - exchange occurring after the time such Indebtedness or Investment is incurred or Disposition Asset Disposition, Investment or Restricted Payment is made; provided that, for the avoidance of doubt, the foregoing provisions of this Section 1.06 1.08 shall otherwise apply to such Sections, including with respect to determining whether any Indebtedness or Investment may be incurred or Disposition Asset Disposition, Investment or Restricted Payment made at any time under such Sections. For purposes of Section 6.12 and Section 4.027.10, amounts in currencies other than dollars Dollars shall be translated into dollars Dollars at the currency exchange rates used in preparing the most recently delivered financial statements pursuant to Section 5.01(a6.01(a) or (b).

Appears in 1 contract

Samples: Credit Agreement (Jazz Pharmaceuticals PLC)

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