Common use of Exchange Rates; Currency Equivalents Clause in Contracts

Exchange Rates; Currency Equivalents. (a) The Administrative Agent shall determine the Spot Rates as of each Revaluation Date to be used for calculating Dollar Equivalent amounts of Swedish Term Loans denominated in Swedish Kronor. Such Spot Rates shall become effective as of such Revaluation Date and shall be the Spot Rates employed in converting any amounts between Dollars and Swedish Kronor until the next Revaluation Date to occur. Except for purposes of financial statements delivered by the Borrower hereunder or calculating financial ratios hereunder or except as otherwise provided herein, the applicable amount of Swedish Kronor for purposes of the Loan Documents shall be such Dollar Equivalent amount as so determined by the Administrative Agent; provided that, for purposes of determining compliance with any Dollar-denominated restriction on (x) the incurrence of Indebtedness, the Dollar-equivalent principal amount of Indebtedness denominated in a currency other than Dollars shall be calculated based on the relevant currency exchange rate in effect on the date such Indebtedness is incurred, in the case of term debt, or first committed, in the case of revolving credit date; provided that, if indebtedness is incurred to extend, replace, refund, refinance, renew or defease other Indebtedness denominated in a currency other than Dollars, and such extension, replacement, refunding, refinancing, renewal or defeasance would cause the applicable Dollar-denominated restriction to be exceeded if calculated at the relevant currency exchange rate in effect on the date of such extension, replacement, refunding, refinancing, renewal or defeasance, such Dollar-denominated restriction shall be deemed not to have been exceeded so long as the principal amount of such refinancing Indebtedness does not exceed the principal amount of such Indebtedness being extended, replaced, refunded, refinanced, renewed or defeased; and (y) the making of any investment, the Dollar-equivalent amount of any investment denominated in a currency other than Dollars shall be calculated based on the relevant currency exchange rate in effect on the date such investment was made. (b) Wherever in this Agreement in connection with a Borrowing, conversion, continuation or prepayment of a Eurocurrency Loan, an amount, such as a required minimum or multiple amount, is expressed in Dollars, but such Borrowing or Eurocurrency Loan is denominated in Swedish Kronor, such amount shall be the Currency Equivalent of such Dollar amount (rounded to the nearest unit of Swedish Kronor, with 0.5 of a unit being rounded upward), as determined by the Administrative Agent.

Appears in 2 contracts

Samples: Credit Agreement (Nasdaq, Inc.), Credit Agreement (Nasdaq, Inc.)

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Exchange Rates; Currency Equivalents. (a) The Administrative Agent or the applicable L/C Issuer, as applicable, shall determine the Spot Rates as of each Revaluation Date to be used for calculating Dollar Equivalent amounts of Swedish Term Loans Credit Extensions and Outstanding Amounts denominated in Swedish KronorAlternative Currencies. Such Spot Rates shall become effective as of such Revaluation Date and shall be the Spot Rates employed in converting any amounts between Dollars and Swedish Kronor the applicable currencies until the next Revaluation Date to occur. Except for purposes of financial statements delivered by the Borrower Loan Parties hereunder or calculating financial ratios covenants, default thresholds or financial ratio tests hereunder or except as otherwise provided herein, the applicable amount of Swedish Kronor any currency (other than Dollars) for purposes of the Loan Documents shall be such Dollar Equivalent amount as so determined by the Administrative Agent; provided thatAgent or the applicable L/C Issuer, for purposes as applicable. If any basket in Article VIII is exceeded solely as a result of determining compliance with any Dollar-denominated restriction on (x) the incurrence of Indebtedness, the Dollar-equivalent principal amount of Indebtedness denominated in a currency other than Dollars shall be calculated based on the relevant currency exchange rate in effect on the date such Indebtedness is incurred, fluctuations in the case applicable Dollar Equivalent amount after the last time such basket was utilized, such basket will not be deemed to have been exceeded solely as a result of term debt, or first committed, such fluctuations in the case of revolving credit date; provided thatapplicable Dollar Equivalent amount. In addition, if indebtedness any Indebtedness is incurred to extend, replace, refund, refinance, renew or defease refinance other Indebtedness denominated in a currency other than Dollars, and such extension, replacement, refunding, refinancing, renewal or defeasance refinancing would cause the applicable Dollardollar-denominated restriction in Article VIII to be exceeded if calculated at the relevant currency exchange rate in effect applicable Dollar Equivalent amount on the date of such extension, replacement, refunding, refinancing, renewal or defeasance, such Dollardollar-denominated restriction restrictions shall be deemed not to have been exceeded so long as the principal amount of such refinancing Indebtedness does not exceed the sum of (i) the outstanding or committed principal amount amount, as applicable of such Indebtedness being extended, replaced, refunded, refinanced, renewed or defeased; and refinanced plus (yii) the making of any investment, the Dollar-equivalent aggregate amount of any investment denominated in a currency fees, underwriting discounts, premiums and other than Dollars shall be calculated based on the relevant currency exchange rate in effect on the date such investment was made. (b) Wherever in this Agreement costs and expenses incurred in connection with a Borrowing, conversion, continuation or prepayment of a Eurocurrency Loan, an amount, such as a required minimum or multiple amount, is expressed in Dollars, but such Borrowing or Eurocurrency Loan is denominated in Swedish Kronor, such amount shall be the Currency Equivalent of such Dollar amount (rounded to the nearest unit of Swedish Kronor, with 0.5 of a unit being rounded upward), as determined by the Administrative Agentrefinancing.

Appears in 1 contract

Samples: Credit Agreement (Lamb Weston Holdings, Inc.)

Exchange Rates; Currency Equivalents. (a) The Administrative Agent shall determine the Spot Rates as For purposes of each Revaluation Date to be used for calculating Dollar Equivalent amounts of Swedish Term Loans denominated in Swedish Kronor. Such Spot Rates shall become effective as of such Revaluation Date and shall be the Spot Rates employed in converting any amounts between Dollars and Swedish Kronor until the next Revaluation Date to occur. Except determination under Article V, Article VI (other than for purposes of financial statements delivered by calculating the Borrower hereunder Total Leverage Ratio) or calculating financial ratios hereunder Article VII or except as otherwise provided hereinany determination under any other provision of this Agreement requiring the use of a current exchange rate (other than those described in clauses (b) and (c) below), all amounts incurred or proposed to be incurred in currencies other than dollars shall be translated into dollars at the applicable amount exchange rate then in effect on the date of Swedish Kronor such determination; provided, however, that (x) for purposes of determining compliance with Article VI with respect to the Loan Documents 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 Dollar Equivalent amount as so determined by the Administrative Agent; provided thatIndebtedness or Investment is incurred or Disposition or Restricted Payment is made, (y) for purposes of determining compliance with any Dollar-denominated restriction on (x) the incurrence of Indebtedness, the Dollar-equivalent principal amount of Indebtedness denominated in a currency other than Dollars shall be calculated based on the relevant currency exchange rate in effect on the date if such Indebtedness is incurred, in the case of term debt, or first committed, in the case of revolving credit date; provided that, if indebtedness is incurred under a particular basket to extend, replace, refund, refinance, renew or defease Refinance other Indebtedness denominated in a foreign currency other than Dollarsthat was originally incurred under the same basket, and such extension, replacement, refunding, refinancing, renewal or defeasance Refinancing would cause the applicable Dollar-denominated restriction to be exceeded if calculated at the relevant currency exchange rate in effect on the date of such extension, replacement, refunding, refinancing, renewal or defeasanceRefinancing, such Dollar-denominated restriction shall be deemed not to have been exceeded so long as the principal amount of the Indebtedness that is incurred to Refinance such refinancing Indebtedness does not exceed the principal amount (or accreted amount) of such Indebtedness being extendedRefinanced, replacedexcept by an amount equal to the accrued interest, refundeddividends and premium (including tender premiums), refinancedif any, renewed or defeased; thereon plus defeasance costs, underwriting discounts and other amounts paid and fees and expenses (including OID, closing payments, upfront fees and similar fees) incurred in connection with such Refinancing plus an amount equal to any existing commitment unutilized and letters of credit undrawn thereunder and (yz) for the making avoidance of any investmentdoubt, the Dollar-equivalent amount foregoing provisions of this Section 1.07 shall otherwise apply to such Sections, including with respect to determining whether any investment denominated Indebtedness or Investment may be incurred or Disposition or Restricted Payment may be made at any time under such Sections. For purposes of calculating the Total Leverage Ratio, amounts in a currency currencies other than Dollars dollars shall be calculated based on translated into dollars at the relevant currency applicable exchange rate rates used in effect on preparing the date such investment was mademost recently delivered financial statements pursuant to Section 5.01(a) or Section 5.01(b) (or, prior to the Effective Date, the Latest Financial Statements). (b) The Administrative Agent or the Issuing Bank, as applicable, shall determine the Dollar Equivalent amounts of any Loans, Borrowings, Letters of Credit and LC Disbursements denominated in Alternative Currencies. Such Dollar Equivalent shall become effective as of such Revaluation Date and shall be the Dollar Equivalent of such amounts until the next Revaluation Date to occur. Except for purposes of financial statements delivered by Loan Parties hereunder or calculating financial covenants hereunder or except as otherwise provided herein, the applicable amount of any currency (other than Dollars) for purposes of the Loan Documents shall be such Dollar Equivalent amount as so determined by the Administrative Agent or the Issuing Bank, as applicable. (c) Wherever in this Agreement in connection with a Borrowing, conversion, continuation or prepayment of a Eurocurrency LoanLoan or the issuance, amendment or extension of a Letter of Credit, an amount, such as a required minimum or multiple amount, is expressed in Dollars, but such Borrowing or Borrowing, Eurocurrency Loan or Letter of Credit is denominated in Swedish Kronoran Alternative Currency, such amount shall be the relevant Alternative Currency Equivalent of such Dollar amount (rounded to the nearest unit of Swedish Kronorsuch Alternative Currency, with 0.5 of a unit being rounded upward), as determined by the Administrative AgentAgent or the Issuing Bank, as the case may be. (d) Each provision of this Agreement shall be subject to such reasonable changes of construction as the Administrative Agent may from time to time specify with the Borrower’s consent (such consent not to be unreasonably withheld) to appropriately reflect a change in currency of any country and any relevant market conventions or practices relating to such change in currency.

Appears in 1 contract

Samples: Credit Agreement (Costar Group, Inc.)

Exchange Rates; Currency Equivalents. (a) The Administrative Agent or the L/C Issuer, as applicable, shall determine the Spot Rates as of each Revaluation Date to be used for calculating Dollar Equivalent amounts of Swedish Term Loans Credit Extensions and Outstanding Amounts denominated in Swedish KronorAlternative Currencies. Such Spot Rates shall become effective as of such Revaluation Date and shall be the Spot Rates employed in converting any amounts between Dollars and Swedish Kronor the applicable currencies until the next Revaluation Date to occur. Except for purposes of financial statements delivered by the Borrower Loan Parties hereunder or calculating financial ratios covenants hereunder or except as otherwise provided herein, the applicable amount of Swedish Kronor any currency (other than Dollars) for purposes of the Loan Documents shall be such Dollar Equivalent amount as so determined by the Administrative Agent; provided thatAgent or the L/C Issuer, for as applicable. Wherever in Article VII of this Agreement the permissibility of a transaction depends upon compliance with, or is determined by reference to, amounts stated in Dollars, any amount stated in another currency shall be translated to Dollars at the applicable Spot Rate then in effect and the permissibility of such transaction under Article VII shall not be affected by subsequent fluctuations in the applicable Spot Rate. For purposes of determining compliance with any Dollar-denominated restriction on (x) the incurrence of Indebtedness, the Dollar-equivalent Dollar Equivalent of the principal amount of Indebtedness denominated in a foreign currency other than Dollars shall be calculated based on the relevant currency exchange rate Spot Rate in effect on the date such Indebtedness is was incurred, in the case of term debt, or first committed, in the case of revolving credit datedebt; provided that, that if indebtedness such Indebtedness is incurred to extend, replace, refund, refinance, renew or defease other Indebtedness denominated in a currency other than Dollarsforeign currency, and such extension, replacement, refunding, refinancing, renewal or defeasance would cause the applicable Dollar-denominated restriction to be exceeded if calculated at the relevant currency exchange rate in effect on the date of such extension, replacement, refunding, refinancing, renewal or defeasance, such Dollar-denominated restriction shall be deemed not to have been exceeded so long as the principal amount of such refinancing Indebtedness does not exceed the principal amount of such Indebtedness being extended, replaced, refunded, refinanced, renewed renewed, or defeased; and (y) the making . For purposes of any investmentSection 7.13, the Dollar-equivalent amount of any investment amounts denominated in a currency currencies other than Dollars shall be calculated based on translated to Dollars at the relevant currency exchange rate used in effect on preparing the date such investment was mademost recently delivered financial statements pursuant to Section 6.01. (b) Wherever in this Agreement in connection with a Committed Borrowing, conversion, continuation or prepayment of a Eurocurrency LoanRate Loan or the issuance, amendment or extension of a Letter of Credit, an amount, such as a required minimum or multiple amount, is expressed in Dollars, but such Borrowing Committed Borrowing, Eurocurrency Rate Loan or Eurocurrency Loan Letter of Credit is denominated in Swedish Kronoran Alternative Currency, such amount shall be the relevant Alternative Currency Equivalent of such Dollar amount (rounded to the nearest unit of Swedish Kronorsuch Alternative Currency, with 0.5 of a unit being rounded upward), as determined by the Administrative AgentAgent or the L/C Issuer, as the case may be.

Appears in 1 contract

Samples: Credit Agreement (Methode Electronics Inc)

Exchange Rates; Currency Equivalents. (a) The Administrative Agent shall determine the Spot Rates as For purposes of each Revaluation Date to be used for calculating Dollar Equivalent amounts of Swedish Term Loans denominated in Swedish Kronor. Such Spot Rates shall become effective as of such Revaluation Date and shall be the Spot Rates employed in converting any amounts between Dollars and Swedish Kronor until the next Revaluation Date to occur. Except determination under Article V, Article VI (other than for purposes of financial statements delivered by calculating the Borrower hereunder Total Leverage Ratio) or calculating financial ratios hereunder Article VII or except as otherwise provided hereinany determination under any other provision of this Agreement requiring the use of a current exchange rate (other than those described in clauses (b) and (c) below), all amounts incurred or proposed to be incurred in currencies other than dollars shall be translated into dollars at the applicable amount exchange rate then in effect on the date of Swedish Kronor such determination; provided, however, that (x) for purposes of determining compliance with Article VI with respect to the Loan Documents amount of any Indebtedness 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 Dollar Equivalent amount as so determined by the Administrative Agent; provided thatIndebtedness is incurred, (y) for purposes of determining compliance with any Dollar-denominated restriction on (x) the incurrence of Indebtedness, the Dollar-equivalent principal amount of Indebtedness denominated in a currency other than Dollars shall be calculated based on the relevant currency exchange rate in effect on the date if such Indebtedness is incurred, in the case of term debt, or first committed, in the case of revolving credit date; provided that, if indebtedness is incurred under a particular basket to extend, replace, refund, refinance, renew or defease Refinance other Indebtedness denominated in a foreign currency other than Dollarsthat was originally incurred under the same basket, and such extension, replacement, refunding, refinancing, renewal or defeasance Refinancing would cause the applicable Dollar-denominated restriction to be exceeded if calculated at the relevant currency exchange rate in effect on the date of such extension, replacement, refunding, refinancing, renewal or defeasanceRefinancing, such Dollar-denominated restriction shall be deemed not to have been exceeded so long as the principal amount of the Indebtedness that is incurred to Refinance such refinancing Indebtedness does not exceed the principal amount (or accreted amount) of such Indebtedness being extendedRefinanced, replacedexcept by an amount equal to the accrued interest, refundeddividends and premium (including tender premiums), refinancedif any, renewed or defeased; thereon plus defeasance costs, underwriting discounts and other amounts paid and fees and expenses (including OID, closing payments, upfront fees and similar fees) incurred in connection with such Refinancing plus an amount equal to any existing commitment unutilized and letters of credit undrawn thereunder and (yz) for the making avoidance of any investmentdoubt, the Dollar-equivalent amount foregoing provisions of this Section 1.07 shall otherwise apply to such Sections, including with respect to determining whether any investment denominated Indebtedness may be incurred at any time under such Section. For purposes of calculating the Total Leverage Ratio, amounts in a currency currencies other than Dollars dollars shall be calculated based on translated into dollars at the relevant currency applicable exchange rate rates used in effect on preparing the date such investment was mademost recently delivered financial statements pursuant to Section 5.01(a) or Section 5.01(b) (or, prior to the Effective Date, the Latest Financial Statements). (b) The Administrative Agent or the Issuing Bank, as applicable, shall determine the Dollar Equivalent amounts of any Loans, Borrowings, Letters of Credit and LC Disbursements denominated in Alternative Currencies. Such Dollar Equivalent shall become effective as of such Revaluation Date and shall be the Dollar Equivalent of such amounts until the next Revaluation Date to occur. Except for purposes of financial statements delivered by the Borrower hereunder or calculating financial covenants hereunder or except as otherwise provided herein, the applicable amount of any currency (other than Dollars) for purposes of the Loan Documents shall be such Dollar Equivalent amount as so determined by the Administrative Agent or the Issuing Bank, as applicable. (c) Wherever in this Agreement in connection with a Borrowing, conversion, continuation or prepayment of an Alternative Currency Loan or the issuance, amendment or extension of a Eurocurrency LoanLetter of Credit, an amount, such as a required minimum or multiple amount, is expressed in Dollars, but such Borrowing Borrowing, Loan or Eurocurrency Loan Letter of Credit is denominated in Swedish Kronoran Alternative Currency, such amount shall be the relevant Alternative Currency Equivalent of such Dollar amount (rounded to the nearest unit of Swedish Kronorsuch Alternative Currency, with 0.5 of a unit being rounded upward), as determined by the Administrative AgentAgent or the Issuing Bank, as the case may be. (d) Each provision of this Agreement shall be subject to such reasonable changes of construction as the Administrative Agent may from time to time specify with the Borrower’s consent (such consent not to be unreasonably withheld) to appropriately reflect a change in currency of any country and any relevant market conventions or practices relating to such change in currency.

Appears in 1 contract

Samples: Credit Agreement (Costar Group, Inc.)

Exchange Rates; Currency Equivalents. (a) The Not later than 1:00 p.m., New York City time, on each Calculation Date, the Administrative Agent shall (x) determine the Spot Rates Exchange Rate as of each Revaluation such Calculation Date with respect to be used for calculating Dollar Equivalent amounts of Swedish Term Loans denominated in Swedish Kronorthe applicable Designated Foreign Currency and (y) give notice thereof to the relevant Lenders and the Borrower. Such Spot The Exchange Rates so determined shall become effective as (i) in the case of the initial Calculation Date, on the Effective Date and (ii) in the case of each subsequent Calculation Date, on the first Business Day immediately following such Revaluation Calculation Date (a “Reset Date”), shall remain effective until the next succeeding Reset Date and shall for all purposes of this Agreement (other than any provision expressly requiring the use of a current exchange rate) be the Spot Exchange Rates employed in converting any amounts between Dollars and Swedish Kronor until the next Revaluation Date to occur. Except any Designated Foreign Currency. (b) Solely for purposes of financial statements delivered by Article II and related definitional provisions to the Borrower hereunder or calculating financial ratios hereunder or except as otherwise provided hereinextent used therein, the applicable amount of Swedish Kronor any currency (other than Dollars) for purposes of the Loan Documents shall be such Dollar Equivalent amount as so determined by the Administrative Agent; provided thatAgent and notified to the applicable Lender and the Borrower in accordance with this Section. If any basket is exceeded solely as a result of fluctuations in the applicable Exchange Rate after the last time such basket was utilized, for such basket will not be deemed to have been exceeded solely as a result of such fluctuations in the applicable Exchange Rate. For purposes of determining compliance with any Dollar-denominated restriction on Article VI hereof, amounts in currencies other than Dollars shall be translated into Dollars at the currency exchange rates used in preparing the Borrower’s annual and quarterly financial statements. (xc) the incurrence For purposes of IndebtednessSection 6.01, the Dollar-equivalent principal amount of any Indebtedness denominated in a any currency other than Dollars dollars shall be calculated based on the relevant currency exchange rate in effect on the date such Indebtedness is incurredapplicable Exchange Rate, in the case of term debt, such Indebtedness incurred or first committed, in on the case of revolving credit datedate that such Indebtedness was incurred or committed, as applicable; provided that, that if indebtedness such Indebtedness is incurred to extend, replace, refund, refinance, renew or defease refinance other Indebtedness denominated in a currency other than Dollarsdollars, and such extension, replacement, refunding, refinancing, renewal or defeasance refinancing would cause the applicable Dollardollar-denominated restriction to be exceeded if calculated at the relevant currency exchange rate in effect applicable Exchange Rate on the date of such extension, replacement, refunding, refinancing, renewal or defeasance, such Dollardollar-denominated restriction restrictions shall be deemed not to have been exceeded so long as the principal amount of such refinancing Refinancing Indebtedness does not exceed the sum of (i) the outstanding or committed principal amount amount, as applicable, of such Indebtedness being extended, replaced, refunded, refinanced, renewed or defeased; and refinanced plus (yii) the making aggregate amount of any investmentfees, underwriting discounts, premiums and other costs and expenses incurred in connection with such refinancing. (d) For purposes of Sections 6.02, 6.04, 6.05 and 6.08, the Dollar-equivalent amount of any investment Liens, investments, asset sales and Restricted Payments, as applicable, denominated in a any currency other than Dollars dollars shall be calculated based on the relevant currency exchange rate in effect applicable Exchange Rate on the date that such investment was Lien is incurred or such investment, asset sale or Restricted Payment is made. (b) Wherever in this Agreement in connection with a Borrowing, conversion, continuation or prepayment of a Eurocurrency Loan, an amount, such as a required minimum or multiple amount, is expressed in Dollars, but such Borrowing or Eurocurrency Loan is denominated in Swedish Kronor, such amount shall be the Currency Equivalent of such Dollar amount (rounded to the nearest unit of Swedish Kronor, with 0.5 of a unit being rounded upward), as determined by the Administrative Agentcase may be.

Appears in 1 contract

Samples: Credit Agreement (Netscout Systems Inc)

Exchange Rates; Currency Equivalents. (a) The Administrative Agent or the applicable Issuing Bank, as applicable, shall determine the Spot Rates as of each Revaluation Date to be used for calculating Dollar Equivalent amounts of Swedish Term Loans Revolving Exposure and Outstanding Amounts denominated in Swedish KronorAlternative Currencies. Such Spot Rates shall become effective as of such Revaluation Date and shall be the Spot Rates employed in converting any amounts between Dollars and Swedish Kronor the applicable currencies until the next Revaluation Date to occur. Except for purposes of financial statements delivered by the Borrower hereunder or calculating financial ratios hereunder or except as otherwise provided herein, the applicable amount of Swedish Kronor any currency (other than Dollars) for purposes of the Loan Documents shall be such Dollar Equivalent amount as so determined by the Administrative AgentAgent or such Issuing Bank, as applicable; provided that, that for purposes of determining compliance with any Dollar-denominated restriction on (x) the incurrence of Indebtedness, the Dollar-equivalent Dollar Equivalent principal amount of Indebtedness denominated in a currency other than Dollars shall be calculated based on the relevant currency exchange rate in effect on the date such Indebtedness is incurred, in the case of term debt, or first committed, in the case of revolving credit date; provided that, if indebtedness is incurred to extend, replace, refund, refinance, renew or defease other Indebtedness denominated in a currency other than Dollars, and such extension, replacement, refunding, refinancing, renewal or defeasance would cause the applicable Dollar-denominated restriction to be exceeded if calculated at the relevant currency exchange rate in effect on the date of such extension, replacement, refunding, refinancing, renewal or defeasance, such Dollar-denominated restriction shall be deemed not to have been exceeded so long as the principal amount of such refinancing Indebtedness does not exceed the principal amount of such Indebtedness being extended, replaced, refunded, refinanced, renewed or defeased; and (y) the making of any investment, the Dollar-equivalent amount of any investment denominated in a currency other than Dollars shall be calculated based on the relevant currency exchange rate in effect on the date such investment was made. (b) Wherever in this Agreement in connection with a Borrowing, conversion, continuation or prepayment of a Eurocurrency LoanBenchmark Loan or the issuance, amendment or extension of a Letter of Credit, an amount, such as a required minimum or multiple amount, is expressed in Dollars, but such Borrowing Borrowing, Benchmark Loan or Eurocurrency Loan Letter of Credit is denominated in Swedish Kronoran Alternative Currency, such amount shall be the relevant Alternative Currency Equivalent of such Dollar amount (rounded to the nearest unit of Swedish Kronorsuch Alternative Currency, with 0.5 of a unit being rounded upward), as determined by the Administrative AgentAgent or the applicable Issuing Bank, as the case may be.

Appears in 1 contract

Samples: Credit Agreement (Nasdaq, Inc.)

Exchange Rates; Currency Equivalents. (a) The Not later than 12:00 noon, Local Time, on each Determination Date, the Administrative Agent shall (x) determine the Spot Rates Exchange Rate as of each Revaluation such Determination Date with respect to Euro, which shall be used for calculating Dollar Equivalent amounts of Swedish Term Loans denominated in Swedish Kronorconclusive absent manifest error and (y) give notice thereof to the Lenders and the Borrower. Such Spot The Exchange Rates so determined shall become effective as (i) in the case of the initial Determination Date, on the Initial Funding Date and (ii) in the case of each subsequent Determination Date, on the first Business Day immediately following such Revaluation Determination Date (a “Reset Date”), shall remain effective until the next succeeding Reset Date and shall for all purposes of this Agreement (other than any provision expressly requiring the use of a current exchange rate) be the Spot Exchange Rates employed in converting any amounts between Dollars and Swedish Kronor until the next Revaluation Date to occur. Except Euro. (b) Solely for purposes of financial statements delivered by Article II and related definitional provisions to the Borrower hereunder or calculating financial ratios hereunder or except as otherwise provided hereinextent used therein, the applicable amount of Swedish Kronor any currency (other than Dollars) for purposes of the Loan Documents shall be such Dollar Equivalent amount as so determined by the Administrative Agent; provided thatAgent and notified to the applicable Lender and the Borrower in accordance with paragraph (a) of this Section. (c) Notwithstanding any other provision of this Agreement, amounts denominated in a currency other than Dollars will be converted to Dollars for the purposes of (A) calculating the financial maintenance covenants under Sections 6.12 and 6.13, and (B) calculating the Consolidated Cash Interest Expense and the Leverage Ratio (other than for purposes of determining compliance with any Dollar-denominated restriction on Sections 6.12 and 6.13) at the exchange rates then used by Holdings in its financial statements. (xd) the incurrence For purposes of IndebtednessSection 6.01, the Dollar-equivalent principal amount of any Indebtedness denominated in a any currency other than Dollars shall be calculated based on the relevant currency exchange rate in effect on the date such Indebtedness is incurredapplicable Exchange Rate, in the case of term debt, such Indebtedness incurred or first committed, in on the case of revolving credit datedate that such Indebtedness was incurred or committed, as applicable; provided that, that if indebtedness such Indebtedness is incurred to extend, replace, refund, refinance, renew or defease refinance other Indebtedness denominated in a currency other than Dollars, and such extension, replacement, refunding, refinancing, renewal or defeasance refinancing would cause the applicable Dollar-denominated restriction to be exceeded if calculated at the relevant currency exchange rate in effect applicable Exchange Rate on the date of such extension, replacement, refunding, refinancing, renewal or defeasance, such Dollar-denominated restriction restrictions shall be deemed not to have been exceeded so long as the principal amount of such refinancing Refinancing Indebtedness does not exceed the sum of (i) the outstanding or committed principal amount amount, as applicable, of such Indebtedness being extended, replaced, refunded, refinanced, renewed or defeased; and refinanced plus (yii) the making aggregate amount of any investmentfees, underwriting discounts, premiums and other costs and expenses incurred in connection with such refinancing. (e) For purposes of Article VI, the Dollar-equivalent amount of any investment Indebtedness, Liens, Investments, asset sales and Restricted Payments, as applicable, denominated in a any currency other than Dollars shall be calculated based on the relevant currency exchange rate applicable Exchange Rate. If any basket is exceeded solely as a result of fluctuations in effect on the date applicable Exchange Rate after the last time such investment basket was made. (b) Wherever in this Agreement in connection with a Borrowing, conversion, continuation or prepayment of a Eurocurrency Loan, an amountutilized, such basket will not be deemed to have been exceeded solely as a required minimum or multiple amount, is expressed in Dollars, but such Borrowing or Eurocurrency Loan is denominated in Swedish Kronor, such amount shall be the Currency Equivalent result of such Dollar amount (rounded to fluctuations in the nearest unit of Swedish Kronor, with 0.5 of a unit being rounded upward), as determined by the Administrative Agentapplicable Exchange Rate.

Appears in 1 contract

Samples: Revolving Credit Agreement (Alcoa Corp)

Exchange Rates; Currency Equivalents. (a) The Administrative Agent or the Issuing Bank, as applicable, shall determine the Spot Rates as of each Revaluation Date to be used for calculating Dollar Equivalent amounts of Swedish Term Loans Revolving Exposure and Outstanding Amounts denominated in Swedish KronorAlternative Currencies. Such Spot Rates shall become effective as of such Revaluation Date and shall be the Spot Rates employed in converting any amounts between Dollars and Swedish Kronor the applicable currencies until the next Revaluation Date to occur. Except for purposes of financial statements delivered by the Borrower Loan Parties hereunder or calculating financial ratios hereunder or except as otherwise provided herein, the applicable amount of Swedish Kronor any currency (other than Dollars) for purposes of the Loan Documents shall be such Dollar Equivalent amount as so determined by the Administrative AgentAgent or the Issuing Bank, as applicable; provided that, that for purposes of determining compliance with any Dollar-denominated restriction on (x) the incurrence of Indebtedness, the Dollar-equivalent principal amount of Indebtedness denominated in a currency other than Dollars shall be calculated based on the relevant currency exchange rate in effect on the date such Indebtedness is incurred, in the case of term debt, or first committed, in the case of revolving credit date; provided that, if indebtedness is incurred to extend, replace, refund, refinance, renew or defease other Indebtedness denominated in a currency other than Dollars, and such extension, replacement, refunding, refinancing, renewal or defeasance would cause the applicable Dollar-denominated restriction to be exceeded if calculated at the relevant currency exchange rate in effect on the date of such extension, replacement, refunding, refinancing, renewal or defeasance, such Dollar-denominated restriction shall be deemed not to have been exceeded so long as the principal amount of such refinancing Indebtedness does not exceed the principal amount of such Indebtedness being extended, replaced, refunded, refinanced, renewed or defeased; and (y) the making of any investment, the Dollar-equivalent amount of any investment denominated in a currency other than Dollars shall be calculated based on the relevant currency exchange rate in effect on the date such investment was made. (b) Wherever in this Agreement in connection with a Borrowing, conversion, continuation or prepayment of a Eurocurrency LoanLoan or the issuance, amendment or extension of a Letter of Credit, an amount, such as a required minimum or multiple amount, is expressed in Dollars, but such Borrowing or Borrowing, Eurocurrency Loan or Letter of Credit is denominated in Swedish Kronoran Alternative Currency, such amount shall be the relevant Alternative Currency Equivalent of such Dollar amount (rounded to the nearest unit of Swedish Kronorsuch Alternative Currency, with 0.5 of a unit being rounded upward), as determined by the Administrative AgentAgent or the Issuing Bank, as the case may be.

Appears in 1 contract

Samples: Credit Agreement (Nasdaq Omx Group, Inc.)

Exchange Rates; Currency Equivalents. (a) The Administrative Agent or the Issuing Bank, as applicable, shall determine the Spot Rates as of each Revaluation Date to be used for calculating Dollar Equivalent amounts of Swedish Term Loans Revolving Exposure and Outstanding Amounts denominated in Swedish KronorAlternative Currencies. Such Spot Rates shall become effective as of such Revaluation Date and shall be the Spot Rates employed in converting any amounts between Dollars and Swedish Kronor the applicable currencies until the next Revaluation Date to occur. Except for purposes of financial statements delivered by the Borrower hereunder or calculating financial ratios hereunder or except as otherwise provided herein, the applicable amount of Swedish Kronor any currency (other than Dollars) for purposes of the Loan Documents shall be such Dollar Equivalent amount as so determined by the Administrative AgentAgent or the Issuing Bank, as applicable; provided that, that for purposes of determining compliance with any Dollar-denominated restriction on (x) the incurrence of Indebtedness, the Dollar-equivalent principal amount of Indebtedness denominated in a currency other than Dollars shall be calculated based on the relevant currency exchange rate in effect on the date such Indebtedness is incurred, in the case of term debt, or first committed, in the case of revolving credit date; provided that, if indebtedness is incurred to extend, replace, refund, refinance, renew or defease other Indebtedness denominated in a currency other than Dollars, and such extension, replacement, refunding, refinancing, renewal or defeasance would cause the applicable Dollar-denominated restriction to be exceeded if calculated at the relevant currency exchange rate in effect on the date of such extension, replacement, refunding, refinancing, renewal or defeasance, such Dollar-denominated restriction shall be deemed not to have been exceeded so long as the principal amount of such refinancing Indebtedness does not exceed the principal amount of such Indebtedness being extended, replaced, refunded, refinanced, renewed or defeased; and (y) the making of any investment, the Dollar-equivalent amount of any investment denominated in a currency other than Dollars shall be calculated based on the relevant currency exchange rate in effect on the date such investment was made. (b) Wherever in this Agreement in connection with a Borrowing, conversion, continuation or prepayment of a Eurocurrency LoanLoan or the issuance, amendment or extension of a Letter of Credit, an amount, such as a required minimum or multiple amount, is expressed in Dollars, but such Borrowing or Borrowing, Eurocurrency Loan or Letter of Credit is denominated in Swedish Kronoran Alternative Currency, such amount shall be the relevant Alternative Currency Equivalent of such Dollar amount (rounded to the nearest unit of Swedish Kronorsuch Alternative Currency, with 0.5 of a unit being rounded upward), as determined by the Administrative AgentAgent or the Issuing Bank, as the case may be.

Appears in 1 contract

Samples: Credit Agreement (Nasdaq Omx Group, Inc.)

Exchange Rates; Currency Equivalents. (a) The Administrative Agent or the applicable Issuing Bank, as applicable, shall determine the Spot Rates as of each Revaluation Date to be used for calculating Dollar Equivalent amounts of Swedish Term Loans Credit Events and Revolving Credit Exposure (or components thereof) denominated in Swedish KronorAlternative Currencies. Such Spot Rates shall become effective as of such Revaluation Date and shall be the Spot Rates employed in converting any amounts between Dollars and Swedish Kronor the applicable currencies until the next Revaluation Date to occur. Except for purposes of financial statements delivered by the Borrower Loan Parties hereunder or calculating financial ratios covenants hereunder or except as otherwise provided herein, the applicable amount of Swedish Kronor any currency (other than dollars) for purposes of the Loan Documents shall be such Dollar Equivalent amount as so determined by the Administrative Agent; provided thatAgent or the applicable Issuing Bank, as applicable, in accordance with the first sentence of this clause (a). The Lead Borrower and the Lenders will be promptly informed of the results of such calculations. Notwithstanding the foregoing, for purposes of determining this Agreement and the other Loan Documents, where the permissibility of a transaction or determinations of required actions or circumstances (excluding for the avoidance of doubt in connection with Credit Events or Revolving Credit Exposure or components thereof or the matters referred to in paragraph (b) below) depend upon compliance with any Dollar-denominated restriction on (x) the incurrence of Indebtednesswith, the Dollar-equivalent principal amount of Indebtedness denominated or are determined by reference to, amounts stated in a currency other than Dollars dollars, such amounts shall be calculated deemed to refer to dollars or Dollar Equivalents and any requisite currency translation shall be based on the relevant currency exchange rate Spot Rate in effect on the Business Day immediately preceding the date of such Indebtedness is incurred, transaction or determination and the permissibility of actions taken under Article VI shall not be affected by subsequent fluctuations in the case of term debt, or first committed, in the case of revolving credit dateexchange rates; provided that, that if indebtedness Indebtedness is incurred to extend, replace, refund, refinance, renew or defease refinance other Indebtedness denominated in a currency other than DollarsIndebtedness, and such extension, replacement, refunding, refinancing, renewal or defeasance refinancing would cause the applicable Dollar-dollar denominated restriction limitation to be exceeded if calculated at the relevant currency exchange rate Spot Rate in effect on the Business Day immediately preceding the date of such extension, replacement, refunding, refinancing, renewal or defeasance, such Dollar-dollar denominated restriction shall be deemed not to have been exceeded so long as the principal amount of such refinancing Indebtedness does not exceed the principal amount of such Indebtedness being extended, replaced, refunded, refinanced, renewed or defeased; and (y) the making of any investment, the Dollar-equivalent amount of any investment denominated in a currency other than Dollars shall be calculated based on the relevant currency exchange rate in effect on the date such investment was maderefinanced except as permitted hereunder. (b) Wherever in this Agreement in connection with a Borrowing, conversion, continuation or prepayment of a Eurocurrency LoanLoan or a XXXXX Loan or the issuance, amendment or extension of a Letter of Credit, an amount, such as a required minimum or multiple amount, is expressed in Dollarsdollars, but such Borrowing or Borrowing, Eurocurrency Loan or Letter of Credit is denominated in Swedish Kronoran Alternative Currency, such amount shall be the relevant Alternative Currency Equivalent of such Dollar dollar amount (rounded to the nearest unit of Swedish Kronorsuch Alternative Currency, with 0.5 of a unit being rounded upward), as determined by the Administrative AgentAgent or the applicable Issuing Bank, as the case may be.

Appears in 1 contract

Samples: Revolving Credit Agreement (CF Industries Holdings, Inc.)

Exchange Rates; Currency Equivalents. (a) The Not later than 1:00 p.m., New York time, on each Calculation Date, the Administrative Agent shall (x) determine the Spot Rates Exchange Rate as of each Revaluation such Calculation Date with respect to be used for calculating Dollar Equivalent amounts of Swedish Term Loans denominated in Swedish Kronorthe applicable Permitted Foreign Currency and (y) give notice thereof to the applicable Issuing Lender and the Borrower. Such Spot The Exchange Rates so determined shall become effective as (i) in the case of such Revaluation the initial Calculation Date, on the Effective Date and (ii) in the case of each subsequent Calculation Date, on the first Business Day immediately following such Calculation Date (a “Reset Date”), shall remain effective until the next succeeding Reset Date, and shall for all purposes of this Agreement (other than any provision expressly requiring the use of a current exchange rate) be the Spot Exchange Rates employed in converting any amounts between Dollars dollars and Swedish Kronor until the next Revaluation Date to occur. Except any Permitted Foreign Currency. (b) Solely for purposes of financial statements delivered by Article II and related definitional provisions to the Borrower hereunder or calculating financial ratios hereunder or except as otherwise provided hereinextent used therein, the applicable amount of Swedish Kronor any currency (other than dollars) for purposes of the Loan Documents shall be such Dollar Equivalent amount as so determined by the Administrative Agent; provided thatAgent and notified to the applicable Issuing Lender and the Borrower in accordance with Section 1.06(a). If any basket is exceeded solely as a result of fluctuations in the applicable Exchange Rate after the last time such basket was utilized, such basket will not be deemed to have been exceeded solely as a result of such fluctuations in the applicable Exchange Rate. Amounts denominated in a Permitted Foreign Currency will be converted to dollars for the purposes of (A) testing the financial covenants under Sections 6.12 and 6.13, at the Exchange Rate as of the last day of the fiscal quarter for which such measurement is being made, and (B) calculating the Interest Expense Coverage Ratio and the Total Leverage Ratio (other than for purposes of determining compliance with any Dollar-denominated restriction on (x) Sections 6.12 and 6.13), at the incurrence Exchange Rate as of the date of calculation, and will, in the case of Indebtedness, reflect the Dollar-equivalent principal currency translation effects, determined in accordance with GAAP, of Hedging Agreements permitted hereunder for currency exchange risks with respect to the applicable currency in effect on the date of determination of the Dollar Equivalent of such Indebtedness. (c) For purposes of Section 6.01, the amount of any Indebtedness denominated in a any currency other than Dollars dollars shall be calculated based on the relevant currency exchange rate in effect on the date such Indebtedness is incurredapplicable Exchange Rate, in the case of term debt, such Indebtedness incurred or first committed, in on the case of revolving credit datedate that such Indebtedness was incurred or committed, as applicable; provided that, that if indebtedness such Indebtedness is incurred to extend, replace, refund, refinance, renew or defease refinance other Indebtedness denominated in a currency other than Dollarsdollars, and such extension, replacement, refunding, refinancing, renewal or defeasance refinancing would cause the applicable Dollardollar-denominated restriction to be exceeded if calculated at the relevant currency exchange rate in effect applicable Exchange Rate on the date of such extension, replacement, refunding, refinancing, renewal or defeasance, such Dollardollar-denominated restriction restrictions shall be deemed not to have been exceeded so long as the principal amount of such refinancing Refinancing Indebtedness does not exceed the sum of (i) the outstanding or committed principal amount amount, as applicable, of such Indebtedness being extended, replaced, refunded, refinanced, renewed or defeased; and refinanced plus (yii) the making aggregate amount of any investmentfees, underwriting discounts, premiums and other costs and expenses incurred in connection with such refinancing. (d) For purposes of Sections 6.02, 6.04, 6.05 and 6.08, the Dollar-equivalent amount of any investment Liens, investments, asset sales and Restricted Payments, as applicable, denominated in a any currency other than Dollars dollars shall be calculated based on the relevant currency exchange rate in effect on the date such investment was madeapplicable Exchange Rate. (b) Wherever in this Agreement in connection with a Borrowing, conversion, continuation or prepayment of a Eurocurrency Loan, an amount, such as a required minimum or multiple amount, is expressed in Dollars, but such Borrowing or Eurocurrency Loan is denominated in Swedish Kronor, such amount shall be the Currency Equivalent of such Dollar amount (rounded to the nearest unit of Swedish Kronor, with 0.5 of a unit being rounded upward), as determined by the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Allegion PLC)

Exchange Rates; Currency Equivalents. (a) The Not later than 1:00 p.m., New York time, on each Calculation Date, the Administrative Agent shall (x) determine the Spot Rates Exchange Rate as of each Revaluation such Calculation Date with respect to be used for calculating Dollar Equivalent amounts of Swedish Term Loans denominated in Swedish Kronorthe applicable Permitted Foreign Currency and (y) give notice thereof to the applicable Issuing Lender and the Borrower. Such Spot The Exchange Rates so determined shall become effective as (i) in the case of such Revaluation the initial Calculation Date, on the Effective Date and (ii) in the case of each subsequent Calculation Date, on the first Business Day immediately following such Calculation Date (a “Reset Date”), shall remain effective until the next succeeding Reset Date, and shall for all purposes of this Agreement (other than any provision expressly requiring the use of a current exchange rate) be the Spot Exchange Rates employed in converting any amounts between Dollars dollars and Swedish Kronor until the next Revaluation Date to occur. Except any Permitted Foreign Currency. (b) Solely for purposes of financial statements delivered by Article II and related definitional provisions to the Borrower hereunder or calculating financial ratios hereunder or except as otherwise provided hereinextent used therein, the applicable amount of Swedish Kronor any currency (other than dollars) for purposes of the Loan Documents shall be such Dollar Equivalent amount as so determined by the Administrative Agent; provided thatAgent and notified to the applicable Issuing Lender and the Borrower in accordance with Section 1.06(a). If any basket is exceeded solely as a result of fluctuations in the applicable Exchange Rate after the last time such basket was utilized, such basket will not be deemed to have been exceeded solely as a result of such fluctuations in the applicable Exchange Rate. Amounts denominated in a Permitted Foreign Currency will be converted to dollars for the purposes of (A) testing the financial covenants under Sections 6.12 and 6.13, at the Exchange Rate as of the last day of the fiscal quarter for which such measurement is being made, and (B) calculating the Interest Expense Coverage Ratio and the Total Leverage Ratio (other than for purposes of determining compliance with any Dollar-denominated restriction on (x) Sections 6.12 and 6.13), at the incurrence Exchange Rate as of the date of calculation, and will, in the case of Indebtedness, reflect the Dollar-equivalent principal currency translation effects, determined in accordance with GAAP, of Hedging Agreements permitted hereunder for currency exchange risks with respect to the applicable currency in effect on the date of determination of the Dollar Equivalent of such Indebtedness. (c) For purposes of Section 6.01, the amount of any Indebtedness denominated in a any currency other than Dollars dollars shall be calculated based on the relevant currency exchange rate in effect on the date such Indebtedness is incurredapplicable Exchange Rate, in the case of term debt, such Indebtedness incurred or first committed, in on the case of revolving credit datedate that such Indebtedness was incurred or committed, as applicable; provided that, that if indebtedness such Indebtedness is incurred to extend, replace, refund, refinance, renew or defease refinance other Indebtedness denominated in a currency other than Dollarsdollars, and such extension, replacement, refunding, refinancing, renewal or defeasance refinancing would cause the applicable Dollardollar-denominated restriction to be exceeded if calculated at the relevant currency exchange rate in effect applicable Exchange Rate on the date of such extension, replacement, refunding, refinancing, renewal or defeasance, such Dollar-dollar- denominated restriction restrictions shall be deemed not to have been exceeded so long as the principal amount of such refinancing Refinancing Indebtedness does not exceed the sum of (i) the outstanding or committed principal amount amount, as applicable, of such Indebtedness being extended, replaced, refunded, refinanced, renewed or defeased; and refinanced plus (yii) the making aggregate amount of any investmentfees, underwriting discounts, premiums and other costs and expenses incurred in connection with such refinancing. (d) For purposes of Sections 6.02, 6.04, 6.05 and 6.08, the Dollar-equivalent amount of any investment Liens, investments, asset sales and Restricted Payments, as applicable, denominated in a any currency other than Dollars dollars shall be calculated based on the relevant currency exchange rate in effect on the date such investment was madeapplicable Exchange Rate. (b) Wherever in this Agreement in connection with a Borrowing, conversion, continuation or prepayment of a Eurocurrency Loan, an amount, such as a required minimum or multiple amount, is expressed in Dollars, but such Borrowing or Eurocurrency Loan is denominated in Swedish Kronor, such amount shall be the Currency Equivalent of such Dollar amount (rounded to the nearest unit of Swedish Kronor, with 0.5 of a unit being rounded upward), as determined by the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Allegion PLC)

Exchange Rates; Currency Equivalents. (a) The Administrative Agent or the applicable Issuing Bank, as applicable, shall determine the Spot Rates as of each Revaluation Date to be used for calculating Dollar Equivalent amounts of Swedish Term Loans Credit Events and Multicurrency Revolving Credit Exposure (or components thereof) denominated in Swedish KronorAlternative Currencies. Such Spot Rates shall become effective as of such Revaluation Date and shall be the Spot Rates employed in converting any amounts between Dollars and Swedish Kronor the applicable currencies until the next Revaluation Date to occur. Except for purposes of financial statements delivered by the Borrower Loan Parties hereunder or calculating financial ratios covenants hereunder or except as otherwise provided herein, the applicable amount of Swedish Kronor any currency (other than dollars) for purposes of the Loan Documents shall be such Dollar Equivalent amount as so determined by the Administrative Agent; provided thatAgent or the applicable Issuing Bank, as applicable, in accordance with the first sentence of this clause (a). The Lead Borrower and the Lenders will be promptly informed of the results of such calculations. Notwithstanding the foregoing, for purposes of determining this Agreement and the other Loan Documents, where the permissibility of a transaction or determinations of required actions or circumstances (excluding for the avoidance of doubt in connection with Credit Events or Multicurrency Revolving Credit Exposure or components thereof or the matters referred to in paragraph (b) below) depend upon compliance with any Dollar-denominated restriction on (x) the incurrence of Indebtednesswith, the Dollar-equivalent principal amount of Indebtedness denominated or are determined by reference to, amounts stated in a currency other than Dollars dollars, such amounts shall be calculated deemed to refer to dollars or Dollar Equivalents and any requisite currency translation shall be based on the relevant currency exchange rate Spot Rate in effect on the Business Day immediately preceding the date of such Indebtedness is incurred, transaction or determination and the permissibility of actions taken under Article VI shall not be affected by subsequent fluctuations in the case of term debt, or first committed, in the case of revolving credit dateexchange rates; provided that, that if indebtedness Indebtedness is incurred to extend, replace, refund, refinance, renew or defease refinance other Indebtedness denominated in a currency other than DollarsIndebtedness, and such extension, replacement, refunding, refinancing, renewal or defeasance refinancing would cause the applicable Dollar-dollar denominated restriction limitation to be exceeded if calculated at the relevant currency exchange rate Spot Rate in effect on the Business Day immediately preceding the date of such extension, replacement, refunding, refinancing, renewal or defeasance, such Dollar-dollar denominated restriction shall be deemed not to have been exceeded so long as the principal amount of such refinancing Indebtedness does not exceed the principal amount of such Indebtedness being extended, replaced, refunded, refinanced, renewed or defeased; and (y) the making of any investment, the Dollar-equivalent amount of any investment denominated in a currency other than Dollars shall be calculated based on the relevant currency exchange rate in effect on the date such investment was maderefinanced except as permitted hereunder. (b) Wherever in this Agreement in connection with a Borrowing, conversion, continuation or prepayment of a Eurocurrency LoanTerm Benchmark Loan or SXXXX Loan or the issuance, amendment or extension of a Letter of Credit, an amount, such as a required minimum or multiple amount, is expressed in Dollarsdollars, but such Borrowing Borrowing, Term Benchmark Loan or Eurocurrency Loan Letter of Credit is denominated in Swedish Kronoran Alternative Currency, such amount shall be the relevant Alternative Currency Equivalent of such Dollar dollar amount (rounded to the nearest unit of Swedish Kronorsuch Alternative Currency, with 0.5 of a unit being rounded upward), as determined by the Administrative AgentAgent or the applicable Issuing Bank, as the case may be.

Appears in 1 contract

Samples: Revolving Credit Agreement (CF Industries Holdings, Inc.)

Exchange Rates; Currency Equivalents. (a) The Administrative Agent or the applicable L/C Issuer, as applicable, shall determine the Spot Rates as of each Revaluation Date to be used for calculating Dollar Equivalent amounts of Swedish Term Loans Credit Extensions and Outstanding Amounts denominated in Swedish KronorAlternative Currencies. Such Spot Rates Dollar Equivalent shall become effective as of such Revaluation Date and shall be the Spot Rates employed in converting any Dollar Equivalent of such amounts between Dollars and Swedish Kronor until the next Revaluation Date to occur. Except for purposes of financial statements delivered by the Borrower Loan Parties hereunder or calculating financial ratios covenants hereunder or except as otherwise provided herein, the applicable amount of Swedish Kronor any currency (other than Dollars) for purposes of the Loan Documents shall be such Dollar Equivalent amount as so determined by the Administrative Agent; provided thatAgent or the L/C Issuer, for purposes of determining compliance with any Dollar-denominated restriction on (x) the incurrence of Indebtedness, the Dollar-equivalent principal amount of Indebtedness denominated in a currency other than Dollars shall be calculated based on the relevant currency exchange rate in effect on the date such Indebtedness is incurred, in the case of term debt, or first committed, in the case of revolving credit date; provided that, if indebtedness is incurred to extend, replace, refund, refinance, renew or defease other Indebtedness denominated in a currency other than Dollars, and such extension, replacement, refunding, refinancing, renewal or defeasance would cause the applicable Dollar-denominated restriction to be exceeded if calculated at the relevant currency exchange rate in effect on the date of such extension, replacement, refunding, refinancing, renewal or defeasance, such Dollar-denominated restriction shall be deemed not to have been exceeded so long as the principal amount of such refinancing Indebtedness does not exceed the principal amount of such Indebtedness being extended, replaced, refunded, refinanced, renewed or defeased; and (y) the making of any investment, the Dollar-equivalent amount of any investment denominated in a currency other than Dollars shall be calculated based on the relevant currency exchange rate in effect on the date such investment was madeapplicable. (b) Wherever in this Agreement in connection with a Committed Borrowing, conversion, continuation or prepayment of a Eurocurrency LoanTerm SOFR Loan or the issuance, amendment or extension of a Letter of Credit, an amount, such as a required minimum or multiple amount, is expressed in Dollars, but such Borrowing Committed Borrowing, Term SOFR Loan or Eurocurrency Loan Letter of Credit is denominated in Swedish Kronoran Alternative Currency, such amount shall be the relevant Alternative Currency Equivalent of such Dollar amount (rounded to the nearest unit of Swedish Kronorsuch Alternative Currency, with 0.5 of a unit being rounded upward), as determined by the Administrative AgentAgent or the applicable L/C Issuer, as the case may be. (c) If any Indebtedness or Liens is incurred to refinance other Indebtedness denominated in a foreign currency (or in a different currency from such Indebtedness so being incurred), and any such refinancing would cause any threshold based on a dollar amount to be exceeded if calculated at the relevant currency exchange rate in effect on the date of such refinancing, such threshold shall be deemed not have been exceeded so long as the principal amount of such refinancing Indebtedness or Liens do not exceed (i) the outstanding or committed principal amount (whichever is higher) of such Indebtedness being refinanced plus (ii) the aggregate amount of fees, underwriting discounts, premiums and other costs and expenses (including accrued and unpaid interest) incurred or payable in connection with such refinancing.

Appears in 1 contract

Samples: Credit Agreement (Warner Bros. Discovery, Inc.)

Exchange Rates; Currency Equivalents. (a) The Not later than 1:00 p.m., New York City time, on each Calculation Date, the Administrative Agent shall (x) determine the Spot Rates Exchange Rate as of each Revaluation such Calculation Date with respect to be used for calculating Dollar Equivalent amounts of Swedish Term Loans denominated in Swedish Kronorthe applicable Permitted Foreign Currency and (y) give notice thereof to the applicable Lender and the Borrower. Such Spot The Exchange Rates so determined shall become effective as (i) in the case of the initial Calculation Date, on the Effective Date and (ii) in the case of each subsequent Calculation Date, on the first Business Day immediately following such Revaluation Calculation Date (a “Reset Date”), shall remain effective until the next succeeding Reset Date and shall for all purposes of this Agreement (other than any provision expressly requiring the use of a current exchange rate) be the Spot Exchange Rates employed in converting any amounts between Dollars dollars and Swedish Kronor until the next Revaluation Date to occur. Except any Permitted Foreign Currency. (b) Solely for purposes of financial statements delivered by Article II and related definitional provisions to the Borrower hereunder or calculating financial ratios hereunder or except as otherwise provided hereinextent used therein, the applicable amount of Swedish Kronor any currency (other than dollars) for purposes of the Loan Documents shall be such Dollar Equivalent amount as so determined by the Administrative Agent; provided thatAgent and notified to the applicable Lender and the Borrower in accordance with Section 1.06(a). If any basket is exceeded solely as a result of fluctuations in the applicable Exchange Rate after the last time such basket was utilized, such basket will not be deemed to have been exceeded solely as a result of such fluctuations in the applicable Exchange Rate. Amounts denominated in a Permitted Foreign Currency will be converted to dollars for the purposes of (A) testing the financial maintenance covenant under Section 6.13 and for calculating the Total Net Leverage Ratio in each of the definition of “Permitted Acquisition”, [[6121596]] Section 2.21(a), Section 5.13 and clauses (g) and (p) of Section 6.01 (but not for any calculation of the Total Net Leverage Ratio in the definition of “Permitted Acquisition” or clause (g) or (p) of Section 6.01 referenced in the parenthetical statement therein following the termination of the Revolving Commitments and the reduction of the Revolving Exposure to zero), at the Exchange Rate as of the last day of the fiscal quarter for which such measurement is being made, and (B) calculating the Senior Secured Net Leverage Ratio and the Total Net Leverage Ratio (other than for purposes of determining compliance with any Dollar-denominated restriction on Section 6.13 and for purposes of the other calculations expressly referenced in the immediately preceding clause (x) A)), at the incurrence Exchange Rate as of the date of calculation, and will, in the case of Indebtedness, reflect the Dollar-equivalent principal currency translation effects, determined in accordance with GAAP, of Hedging Agreements permitted hereunder for currency exchange risks with respect to the applicable currency in effect on the date of determination of the Dollar Equivalent of such Indebtedness. (c) For purposes of Section 6.01, the amount of any Indebtedness denominated in a any currency other than Dollars dollars shall be calculated based on the relevant currency exchange rate in effect on the date such Indebtedness is incurredapplicable Exchange Rate, in the case of term debt, such Indebtedness incurred or first committed, in on the case of revolving credit datedate that such Indebtedness was incurred or committed, as applicable; provided that, that if indebtedness such Indebtedness is incurred to extend, replace, refund, refinance, renew or defease refinance other Indebtedness denominated in a currency other than Dollarsdollars, and such extension, replacement, refunding, refinancing, renewal or defeasance refinancing would cause the applicable Dollardollar-denominated restriction to be exceeded if calculated at the relevant currency exchange rate in effect applicable Exchange Rate on the date of such extension, replacement, refunding, refinancing, renewal or defeasance, such Dollar-dollar- denominated restriction restrictions shall be deemed not to have been exceeded so long as the principal amount of such refinancing Refinancing Indebtedness does not exceed the sum of (i) the outstanding or committed principal amount amount, as applicable, of such Indebtedness being extended, replaced, refunded, refinanced, renewed or defeased; and refinanced plus (yii) the making aggregate amount of any investmentfees, underwriting discounts, premiums and other costs and expenses incurred in connection with such refinancing. (d) For purposes of Sections 6.02, 6.04, 6.05 and 6.08, the Dollar-equivalent amount of any investment Liens, Investments, asset sales and Restricted Payments, as applicable, denominated in a any currency other than Dollars dollars shall be calculated based on the relevant currency exchange rate in effect applicable Exchange Rate on the date that such investment was Lien is incurred or such Investment, asset sale or Restricted Payment is made. (b) Wherever in this Agreement in connection with a Borrowing, conversion, continuation or prepayment of a Eurocurrency Loan, an amount, such as a required minimum or multiple amount, is expressed in Dollars, but such Borrowing or Eurocurrency Loan is denominated in Swedish Kronor, such amount shall be the Currency Equivalent of such Dollar amount (rounded to the nearest unit of Swedish Kronor, with 0.5 of a unit being rounded upward), as determined by the Administrative Agentcase may be.

Appears in 1 contract

Samples: Amendment and Restatement Agreement (Chemours Co)

Exchange Rates; Currency Equivalents. (a) The Administrative Agent or the applicable Issuing Bank, as applicable, shall determine the Spot Rates as of each Revaluation Date to be used for calculating Dollar Equivalent amounts of Swedish Term Loans Credit Events and Revolving Credit Exposure (or components thereof) denominated in Swedish KronorAlternative Currencies. Such Spot Rates shall become effective as of such Revaluation Date and shall be the Spot Rates employed in converting any amounts between Dollars and Swedish Kronor the applicable currencies until the next Revaluation Date to occur. Except for purposes of financial statements delivered by the Borrower Loan Parties hereunder or calculating financial ratios covenants hereunder or except as otherwise provided herein, the applicable amount of Swedish Kronor any currency (other than dollars) for purposes of the Loan Documents shall be such Dollar Equivalent amount as so determined by the Administrative Agent; provided thatAgent or the applicable Issuing Bank, as applicable, in accordance with the first sentence of this clause (a). The Lead Borrower and the Lenders will be promptly informed of the results of such calculations. Notwithstanding the foregoing, for purposes of determining this Agreement and the other Loan Documents, where the permissibility of a transaction or determinations of required actions or circumstances (excluding for the avoidance of doubt in connection with Credit Events or Revolving Credit Exposure or components thereof or the matters referred to in paragraph (b) below) depend upon compliance with any Dollar-denominated restriction on (x) the incurrence of Indebtednesswith, the Dollar-equivalent principal amount of Indebtedness denominated or are determined by reference to, amounts stated in a currency other than Dollars dollars, such amounts shall be calculated deemed to refer to dollars or Dollar Equivalents and any requisite currency translation shall be based on the relevant currency exchange rate Spot Rate in effect on the Business Day immediately preceding the date of such Indebtedness is incurred, transaction or determination and the permissibility of actions taken under Article VI shall not be affected by subsequent fluctuations in the case of term debt, or first committed, in the case of revolving credit dateexchange rates; provided that, that if indebtedness Indebtedness is incurred to extend, replace, refund, refinance, renew or defease refinance other Indebtedness denominated in a currency other than DollarsIndebtedness, and such extension, replacement, refunding, refinancing, renewal or defeasance refinancing would cause the applicable Dollar-dollar denominated restriction limitation to be exceeded if calculated at the relevant currency exchange rate Spot Rate in effect on the Business Day immediately preceding the date of such extension, replacement, refunding, refinancing, renewal or defeasance, such Dollar-dollar denominated restriction shall be deemed not to have been exceeded so long as the principal amount of such refinancing Indebtedness does not exceed the principal amount of such Indebtedness being extended, replaced, refunded, refinanced, renewed or defeased; and (y) the making of any investment, the Dollar-equivalent amount of any investment denominated in a currency other than Dollars shall be calculated based on the relevant currency exchange rate in effect on the date such investment was maderefinanced except as permitted hereunder. (b) Wherever in this Agreement in connection with a Borrowing, conversion, continuation or prepayment of a Eurocurrency LoanEurocurrencyTerm Benchmark Loan or XXXXX Loan or the issuance, amendment or extension of a Letter of Credit, an amount, such as a required minimum or multiple amount, is expressed in Dollarsdollars, but such Borrowing Borrowing, EurocurrencyTerm Benchmark Loan or Eurocurrency Loan Letter of Credit is denominated in Swedish Kronoran Alternative Currency, such amount shall be the relevant Alternative Currency Equivalent of such Dollar dollar amount (rounded to the nearest unit of Swedish Kronorsuch Alternative Currency, with 0.5 of a unit being rounded upward), as determined by the Administrative AgentAgent or the applicable Issuing Bank, as the case may be.

Appears in 1 contract

Samples: Revolving Credit Agreement (CF Industries Holdings, Inc.)

Exchange Rates; Currency Equivalents. (a) The Administrative Agent or the applicable Issuing Bank, as applicable, shall determine the Spot Rates as of each Revaluation Date to be used for calculating Dollar Equivalent amounts of Swedish Term Loans Revolving Exposure and Outstanding Amounts denominated in Swedish KronorAlternative Currencies. Such Spot Rates shall become effective as of such Revaluation Date and shall be the Spot Rates employed in converting any amounts between Dollars and Swedish Kronor the applicable currencies until the next Revaluation Date to occur. Except for purposes of financial statements delivered by the Borrower hereunder or calculating financial ratios hereunder or except as otherwise provided herein, the applicable amount of Swedish Kronor any currency (other than Dollars) for purposes of the Loan Documents shall be such Dollar Equivalent amount as so determined by the Administrative AgentAgent or such Issuing Bank, as applicable; provided that, that for purposes of determining compliance with any Dollar-denominated restriction on (x) the incurrence of Indebtedness, the Dollar-equivalent principal amount of Indebtedness denominated in a currency other than Dollars shall be calculated based on the relevant currency exchange rate in effect on the date such Indebtedness is incurred, in the case of term debt, or first committed, in the case of revolving credit date; provided that, if indebtedness is incurred to extend, replace, refund, refinance, renew or defease other Indebtedness denominated in a currency other than Dollars, and such extension, replacement, refunding, refinancing, renewal or defeasance would cause the applicable Dollar-denominated restriction to be exceeded if calculated at the relevant currency exchange rate in effect on the date of such extension, replacement, refunding, refinancing, renewal or defeasance, such Dollar-denominated restriction shall be deemed not to have been exceeded so long as the principal amount of such refinancing Indebtedness does not exceed the principal amount of such Indebtedness being extended, replaced, refunded, refinanced, renewed or defeased; and (y) the making of any investment, the Dollar-equivalent amount of any investment denominated in a currency other than Dollars shall be calculated based on the relevant currency exchange rate in effect on the date such investment was made. (b) Wherever in this Agreement in connection with a Borrowing, conversion, continuation or prepayment of an RFR Loan or EURIBOR Rate Loan or the issuance, amendment or extension of a Eurocurrency LoanLetter of Credit, an amount, such as a required minimum or multiple amount, is expressed in Dollars, but such Borrowing Borrowing, RFR Loan or Eurocurrency EURIBOR Rate Loan or Letter of Credit is denominated in Swedish Kronoran Alternative Currency, such amount shall be the relevant Alternative Currency Equivalent of such Dollar amount (rounded to the nearest unit of Swedish Kronorsuch Alternative Currency, with 0.5 of a unit being rounded upward), as determined by the Administrative AgentAgent or the applicable Issuing Bank, as the case may be.

Appears in 1 contract

Samples: Credit Agreement (Tradeweb Markets Inc.)

Exchange Rates; Currency Equivalents. (a) The Administrative Agent or the Issuing Bank, as applicable, shall determine the Spot Rates as of each Revaluation Date to be used for calculating Dollar Equivalent amounts of Swedish Term Loans Revolving Exposure and Outstanding Amounts denominated in Swedish KronorAlternative Currencies. Such Spot Rates shall become effective as of such Revaluation Date and shall be the Spot Rates employed in converting any amounts between Dollars and Swedish Kronor the applicable currencies until the next Revaluation Date to occur. Except for purposes of financial statements delivered by the Borrower hereunder or calculating financial ratios hereunder or except as otherwise provided herein, the applicable amount of Swedish Kronor any currency (other than Dollars) for purposes of the Loan Documents shall be such Dollar Equivalent amount as so determined by the Administrative AgentAgent or the Issuing Bank, as applicable; provided that, that for purposes of determining compliance with any Dollar-denominated restriction on (x) the incurrence of Indebtedness, the Dollar-equivalent principal amount of Indebtedness denominated in a currency other than Dollars shall be calculated based on the relevant currency exchange rate in effect on the date such Indebtedness is incurred, in the case of term debt, or first committed, in the case of revolving credit date; provided that, if indebtedness is incurred to extend, replace, refund, refinance, renew or defease other Indebtedness denominated in a currency other than Dollars, and such extension, replacement, refunding, refinancing, renewal or defeasance would cause the applicable Dollar-denominated restriction to be exceeded if calculated at the relevant currency exchange rate in effect on the date of such extension, replacement, refunding, refinancing, renewal or defeasance, such Dollar-denominated restriction shall be deemed not to have been exceeded so long as the principal amount of such refinancing Indebtedness does not exceed the principal amount of such Indebtedness being extended, replaced, refunded, refinanced, renewed or defeased; and (y) the making of any investmentInvestment, the Dollar-equivalent amount of any investment Investment denominated in a currency other than Dollars shall be calculated based on the relevant currency exchange rate in effect on the date such investment Investment was made. (b) Wherever in this Agreement in connection with a Borrowing, conversion, continuation or prepayment of a Eurocurrency LoanLoan or the issuance, amendment or extension of a Letter of Credit, an amount, such as a required minimum or multiple amount, is expressed in Dollars, but such Borrowing or Borrowing, Eurocurrency Loan or Letter of Credit is denominated in Swedish Kronoran Alternative Currency, such amount shall be the relevant Alternative Currency Equivalent of such Dollar amount (rounded to the nearest unit of Swedish Kronorsuch Alternative Currency, with 0.5 of a unit being rounded upward), as determined by the Administrative AgentAgent or the Issuing Bank, as the case may be.

Appears in 1 contract

Samples: Credit Agreement (Nasdaq Omx Group, Inc.)

Exchange Rates; Currency Equivalents. (a) The Not later than 1:00 p.m., New York City time, on each Calculation Date, the Administrative Agent shall (x) determine the Spot Rates Exchange Rate as of each Revaluation such Calculation Date with respect to be used for calculating Dollar Equivalent amounts of Swedish Term Loans denominated in Swedish Kronorthe applicable Designated Foreign Currency and (y) give notice thereof to the relevant Lenders and the Borrower. Such Spot The Exchange Rates so determined shall become effective as (i) in the case of the initial Calculation Date, on the Restatement Effective Date and (ii) in the case of each subsequent Calculation Date, on the first Business Day immediately following such Revaluation Calculation Date (a “Reset Date”), shall remain effective until the next succeeding Reset Date and shall for all purposes of this Agreement (other than any provision expressly requiring the use of a current exchange rate) be the Spot Exchange Rates employed in converting any amounts between Dollars and Swedish Kronor until the next Revaluation Date to occur. Except any Designated Foreign Currency. (b) Solely for purposes of financial statements delivered by Article II and related definitional provisions to the Borrower hereunder or calculating financial ratios hereunder or except as otherwise provided hereinextent used therein, the applicable amount of Swedish Kronor any currency (other than Dollars) for purposes of the Loan Documents shall be such Dollar Equivalent amount as so determined by the Administrative Agent; provided thatAgent and notified to the applicable Lender and the Borrower in accordance with this Section. If any basket is exceeded solely as a result of fluctuations in the applicable Exchange Rate after the last time such basket was utilized, for such basket will not be deemed to have been exceeded solely as a result of such fluctuations in the applicable Exchange Rate. For purposes of determining compliance with any Dollar-denominated restriction on Article VI hereof, amounts in currencies other than Dollars shall be translated into Dollars at the currency exchange rates used in preparing the Borrower’s annual and quarterly financial statements. (xc) the incurrence For purposes of IndebtednessSection 6.01, the Dollar-equivalent principal amount of any Indebtedness denominated in a any currency other than Dollars dollars shall be calculated based on the relevant currency exchange rate in effect on the date such Indebtedness is incurredapplicable Exchange Rate, in the case of term debt, such Indebtedness incurred or first committed, in on the case of revolving credit datedate that such Indebtedness was incurred or committed, as applicable; provided that, that if indebtedness such Indebtedness is incurred to extend, replace, refund, refinance, renew or defease refinance other Indebtedness denominated in a currency other than Dollarsdollars, and such extension, replacement, refunding, refinancing, renewal or defeasance refinancing would cause the applicable Dollardollar-denominated restriction to be exceeded if calculated at the relevant currency exchange rate in effect applicable Exchange Rate on the date of such extension, replacement, refunding, refinancing, renewal or defeasance, such Dollardollar-denominated restriction restrictions shall be deemed not to have been exceeded so long as the principal amount of such refinancing Refinancing Indebtedness does not exceed the sum of (i) the outstanding or committed principal amount amount, as applicable, of such Indebtedness being extended, replaced, refunded, refinanced, renewed or defeased; and refinanced plus (yii) the making aggregate amount of any investmentfees, underwriting discounts, premiums and other costs and expenses incurred in connection with such refinancing. (d) For purposes of Sections 6.02, 6.04, 6.05 and 6.08, the Dollar-equivalent amount of any investment Liens, investments, asset sales and Restricted Payments, as applicable, denominated in a any currency other than Dollars dollars shall be calculated based on the relevant currency exchange rate in effect applicable Exchange Rate on the date that such investment was Lien is incurred or such investment, asset sale or Restricted Payment is made. (b) Wherever in this Agreement in connection with a Borrowing, conversion, continuation or prepayment of a Eurocurrency Loan, an amount, such as a required minimum or multiple amount, is expressed in Dollars, but such Borrowing or Eurocurrency Loan is denominated in Swedish Kronor, such amount shall be the Currency Equivalent of such Dollar amount (rounded to the nearest unit of Swedish Kronor, with 0.5 of a unit being rounded upward), as determined by the Administrative Agentcase may be.

Appears in 1 contract

Samples: Credit Agreement (Netscout Systems Inc)

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Exchange Rates; Currency Equivalents. #97249008v1998375113v7 (a) The Administrative Agent or the applicable Issuing Bank, as applicable, shall determine the Spot Rates as of each Revaluation Date to be used for calculating Dollar Equivalent amounts of Swedish Term Loans Credit Events and Multicurrency Revolving Credit Exposure (or components thereof) denominated in Swedish KronorAlternative Currencies. Such Spot Rates shall become effective as of such Revaluation Date and shall be the Spot Rates employed in converting any amounts between Dollars and Swedish Kronor the applicable currencies until the next Revaluation Date to occur. Except for purposes of financial statements delivered by the Borrower Loan Parties hereunder or calculating financial ratios covenants hereunder or except as otherwise provided herein, the applicable amount of Swedish Kronor any currency (other than dollars) for purposes of the Loan Documents shall be such Dollar Equivalent amount as so determined by the Administrative Agent; provided thatAgent or the applicable Issuing Bank, as applicable, in accordance with the first sentence of this clause (a). The Lead Borrower and the Lenders will be promptly informed of the results of such calculations. Notwithstanding the foregoing, for purposes of determining this Agreement and the other Loan Documents, where the permissibility of a transaction or determinations of required actions or circumstances (excluding for the avoidance of doubt in connection with Credit Events or Multicurrency Revolving Credit Exposure or components thereof or the matters referred to in paragraph (b) below) depend upon compliance with any Dollar-denominated restriction on (x) the incurrence of Indebtednesswith, the Dollar-equivalent principal amount of Indebtedness denominated or are determined by reference to, amounts stated in a currency other than Dollars dollars, such amounts shall be calculated deemed to refer to dollars or Dollar Equivalents and any requisite currency translation shall be based on the relevant currency exchange rate Spot Rate in effect on the Business Day immediately preceding the date of such Indebtedness is incurred, transaction or determination and the permissibility of actions taken under Article VI shall not be affected by subsequent fluctuations in the case of term debt, or first committed, in the case of revolving credit dateexchange rates; provided that, that if indebtedness Indebtedness is incurred to extend, replace, refund, refinance, renew or defease refinance other Indebtedness denominated in a currency other than DollarsIndebtedness, and such extension, replacement, refunding, refinancing, renewal or defeasance refinancing would cause the applicable Dollar-dollar denominated restriction limitation to be exceeded if calculated at the relevant currency exchange rate Spot Rate in effect on the Business Day immediately preceding the date of such extension, replacement, refunding, refinancing, renewal or defeasance, such Dollar-dollar denominated restriction shall be deemed not to have been exceeded so long as the principal amount of such refinancing Indebtedness does not exceed the principal amount of such Indebtedness being extended, replaced, refunded, refinanced, renewed or defeased; and (y) the making of any investment, the Dollar-equivalent amount of any investment denominated in a currency other than Dollars shall be calculated based on the relevant currency exchange rate in effect on the date such investment was maderefinanced except as permitted hereunder. (b) Wherever in this Agreement in connection with a Borrowing, conversion, continuation or prepayment of a Eurocurrency LoanTerm Benchmark Loan or XXXXX Loan or the issuance, amendment or extension of a Letter of Credit, an amount, such as a required minimum or multiple amount, is expressed in Dollarsdollars, but such Borrowing Borrowing, Term Benchmark Loan or Eurocurrency Loan Letter of Credit is denominated in Swedish Kronoran Alternative Currency, such amount shall be the relevant Alternative Currency Equivalent of such Dollar dollar amount (rounded to the nearest unit of Swedish Kronorsuch Alternative Currency, with 0.5 of a unit being rounded upward), as determined by the Administrative AgentAgent or the applicable Issuing Bank, as the case may be.

Appears in 1 contract

Samples: Revolving Credit Agreement (CF Industries Holdings, Inc.)

Exchange Rates; Currency Equivalents. (a) The Administrative Agent shall determine the Spot Rates as of each Revaluation Date to be used for calculating Dollar Equivalent amounts of Swedish Term the face amount of Revolving Loans and/or Letters of Credit denominated in Swedish KronorPermitted Foreign Currencies and of L/C Disbursements in #93138577v21 US-DOCS\115367111.15 LEGAL_US_E # 147442669.29 respect of such Letters of Credit. Such Spot Rates shall become effective as of such Revaluation Date and shall be the Spot Rates employed in converting any amounts between Dollars and Swedish Kronor the applicable currencies until the next Revaluation Date to occur. Except The Administrative Agent shall notify the applicable Issuing Lender and the Borrower on each Revaluation Date of the Spot Rates determined by it and the related Dollar Equivalent of Revolving Loans and L/C Obligations then outstanding. Solely for purposes of financial statements delivered by Sections 2 and 3 and related definitional provisions to the Borrower hereunder or calculating financial ratios hereunder or except as otherwise provided hereinextent used in such Sections, the applicable amount of Swedish Kronor any currency (other than Dollars) for purposes of the Loan Documents shall be such Dollar Equivalent amount as so determined by the Administrative Agent; provided thatAgent and notified to the Borrower and the applicable Issuing Lender in accordance with this Section 1.4. If any basket is exceeded solely as a result of fluctuations in applicable currency exchange rates after the last time such basket was utilized, for such basket will not be deemed to have been exceeded solely as a result of such fluctuations in currency exchange rates. For purposes of determining compliance with any Dollar-denominated restriction on (x) the incurrence of IndebtednessConsolidated Net First Lien Leverage Ratio, the Dollar-equivalent principal amount of Indebtedness Consolidated Net Secured Leverage Ratio, the Consolidated Net Total Leverage Ratio and the Fixed Charge Coverage Ratio, amounts denominated in a currency other than Dollars shall will be calculated based on converted to Dollars for the relevant currency exchange purposes of calculating any Consolidated Net Total Leverage Ratio, the Consolidated Net Secured Leverage Ratio, the Consolidated Net First Lien Leverage Ratio and the Fixed Charge Coverage Ratio, at the Spot Rateexchange rate in effect on as of the date such Indebtedness is incurredof calculation, and will, in the case of term debtIndebtedness, or first committedreflect the currency translation effects, determined in the case accordance with GAAP, of revolving credit date; provided that, if indebtedness is incurred Hedge Agreements permitted hereunder for currency exchange risks with respect to extend, replace, refund, refinance, renew or defease other Indebtedness denominated in a currency other than Dollars, and such extension, replacement, refunding, refinancing, renewal or defeasance would cause the applicable Dollar-denominated restriction to be exceeded if calculated at the relevant currency exchange rate in effect on the date of such extension, replacement, refunding, refinancing, renewal or defeasance, such Dollar-denominated restriction shall be deemed not to have been exceeded so long as determination of the principal amount Dollar Equivalentequivalent of such refinancing Indebtedness does not exceed the principal amount of such Indebtedness being extended, replaced, refunded, refinanced, renewed or defeased; and (y) the making of any investment, the Dollar-equivalent amount of any investment denominated in a currency other than Dollars shall be calculated based on the relevant currency exchange rate in effect on the date such investment was madeIndebtedness. (b) Wherever in this Agreement in connection with a Borrowing, conversion, continuation or prepayment of a Eurocurrency Loan, an amount, such as a required minimum or multiple amount, is expressed in Dollars, but such Borrowing or Eurocurrency Loan is denominated in Swedish Kronor, such amount shall be the Currency Equivalent of such Dollar amount (rounded to the nearest unit of Swedish Kronor, with 0.5 of a unit being rounded upward), as determined by the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Revlon Inc /De/)

Exchange Rates; Currency Equivalents. (a) The Administrative Agent applicable Issuing Lender shall determine the Spot Rates as of each Revaluation Date to be used for calculating Dollar Equivalent amounts of Swedish Term Loans the face amount of Letters of Credit denominated in Swedish KronorPermitted Foreign Currencies and of L/C Disbursements in respect thereof. Such Spot Rates shall become effective as of such Revaluation Date and shall be the Spot Rates employed in converting any amounts between Dollars and Swedish Kronor the applicable currencies until the next Revaluation Date to occur. Except Each applicable Issuing Lender shall notify the Administrative Agent and the Borrower on each Revaluation Date of the Spot Rates determined by it and the related Dollar Equivalent of L/C Obligations then outstanding. Solely for purposes of financial statements delivered by Sections 2 and 3 and related definitional provisions to the Borrower hereunder or calculating financial ratios hereunder or except as otherwise provided hereinextent used in such Sections in respect of Letters of Credit, the applicable amount of Swedish Kronor any currency (other than Dollars) for purposes of the Loan Documents in respect of Letters of Credit and L/C Disbursements in respect thereof shall be such Dollar Equivalent amount as so determined by the applicable L/C Issuer and notified to the Borrower and the Administrative Agent in accordance with this Section 1.4. (b) The Administrative Agent shall determine the Spot Rates as of each Revaluation Date to be used for calculating Dollar Equivalent amounts of Revolving Loans denominated in Permitted Foreign Currencies. Such Spot Rates shall become effective as of such Revaluation Date and shall be the Spot Rates employed in converting any amounts between the applicable currencies until the next Revaluation Date to occur. The Administrative Agent shall notify the Borrower on each Revaluation Date of the Spot Rates determined by it and the related Dollar Equivalent of Revolving Loans denominated in Permitted Foreign Currencies then outstanding. Solely for purposes of Sections 2 and 3 and related definitional provisions to the extent used in such Sections in respect of Revolving Loans, the applicable amount of any currency (other than Dollars) for purposes of the Loan Documents in respect of Revolving Loans shall be such Dollar Equivalent amount as so determined by the Administrative Agent; provided that, for purposes of determining compliance with any Dollar-denominated restriction on (x) the incurrence of Indebtedness, the Dollar-equivalent principal amount of Indebtedness denominated in a currency other than Dollars shall be calculated based on the relevant currency exchange rate in effect on the date such Indebtedness is incurred, in the case of term debt, or first committed, in the case of revolving credit date; provided that, if indebtedness is incurred to extend, replace, refund, refinance, renew or defease other Indebtedness denominated in a currency other than Dollars, Agent and such extension, replacement, refunding, refinancing, renewal or defeasance would cause the applicable Dollar-denominated restriction to be exceeded if calculated at the relevant currency exchange rate in effect on the date of such extension, replacement, refunding, refinancing, renewal or defeasance, such Dollar-denominated restriction shall be deemed not to have been exceeded so long as the principal amount of such refinancing Indebtedness does not exceed the principal amount of such Indebtedness being extended, replaced, refunded, refinanced, renewed or defeased; and (y) the making of any investment, the Dollar-equivalent amount of any investment denominated in a currency other than Dollars shall be calculated based on the relevant currency exchange rate in effect on the date such investment was made. (b) Wherever in this Agreement in connection with a Borrowing, conversion, continuation or prepayment of a Eurocurrency Loan, an amount, such as a required minimum or multiple amount, is expressed in Dollars, but such Borrowing or Eurocurrency Loan is denominated in Swedish Kronor, such amount shall be the Currency Equivalent of such Dollar amount (rounded notified to the nearest unit of Swedish Kronor, Borrower in accordance with 0.5 of a unit being rounded upward), as determined by the Administrative Agentthis Section 1.4.

Appears in 1 contract

Samples: Credit Agreement (Covetrus, Inc.)

Exchange Rates; Currency Equivalents. (a) The Administrative Agent or the applicable Issuing Bank, as applicable, shall determine the Spot Rates as of each Revaluation Date to be used for calculating Dollar Equivalent amounts of Swedish Term Loans Revolving Exposure and Outstanding Amounts denominated in Swedish KronorAlternative Currencies. Such Spot Rates shall become effective as of such Revaluation Date and shall be the Spot Rates employed in converting any amounts between Dollars and Swedish Kronor the applicable currencies until the next Revaluation Date to occur. Except for purposes of financial statements delivered by the Borrower hereunder or calculating financial ratios hereunder or except as otherwise provided herein, the applicable amount of Swedish Kronor any currency (other than Dollars) for purposes of the Loan Documents shall be such Dollar Equivalent amount as so determined by the Administrative AgentAgent or such Issuing Bank, as applicable; provided that, that for purposes of determining compliance with any Dollar-denominated restriction on (x) the incurrence of Indebtedness, the Dollar-equivalent principal amount of Indebtedness denominated in a currency other than Dollars shall be calculated based on the relevant currency exchange rate in effect on the date such Indebtedness is incurred, in the case of term debt, or first committed, in the case of revolving credit date; provided that, if indebtedness is incurred to extend, replace, refund, refinance, renew or defease other Indebtedness denominated in a currency other than Dollars, and such extension, replacement, refunding, refinancing, renewal or defeasance would cause the applicable Dollar-denominated restriction to be exceeded if calculated at the relevant currency exchange rate in effect on the date of such extension, replacement, refunding, refinancing, renewal or defeasance, such Dollar-denominated restriction shall be deemed not to have been exceeded so long as the principal amount of such refinancing Indebtedness does not exceed the principal amount of such Indebtedness being extended, replaced, refunded, refinanced, renewed or defeased; and (y) the making of any investment, the Dollar-equivalent amount of any investment denominated in a currency other than Dollars shall be calculated based on the relevant currency exchange rate in effect on the date such investment was made. (b) Wherever in this Agreement in connection with a Borrowing, conversion, continuation or prepayment of a Eurocurrency LoanEurocurrencyRFR Loan or EURIBOR Rate Loan or the issuance, amendment or extension of a Letter of Credit, an amount, such as a required minimum or multiple amount, is expressed in Dollars, but such Borrowing Borrowing, EurocurrencyRFR Loan or Eurocurrency EURIBOR Rate Loan or Letter of Credit is denominated in Swedish Kronoran Alternative Currency, such amount shall be the relevant Alternative Currency Equivalent of such Dollar amount (rounded to the nearest unit of Swedish Kronorsuch Alternative Currency, with 0.5 of a unit being rounded upward), as determined by the Administrative AgentAgent or the applicable Issuing Bank, as the case may be.

Appears in 1 contract

Samples: Credit Agreement (Tradeweb Markets Inc.)

Exchange Rates; Currency Equivalents. (a) The Not later than 12:00 noon, Local Time, on each Determination Date, the Administrative Agent shall (x) determine the Spot Rates Exchange Rate as of each Revaluation such Determination Date with respect to Euro, which shall be used for calculating Dollar Equivalent amounts of Swedish Term Loans denominated in Swedish Kronorconclusive absent manifest error and (y) give notice thereof to the Lenders and the Borrower. Such Spot The Exchange Rates so determined shall become effective as (i) in the case of the initial Determination Date, on the Initial Funding Date and (ii) in the case of each subsequent Determination Date, on the first Business Day immediately following such Revaluation Determination Date (a “Reset Date”), shall remain effective until the next succeeding Reset Date and shall for all purposes of this Agreement (other than any provision expressly requiring the use of a current exchange rate) be the Spot Exchange Rates employed in converting any amounts between Dollars and Swedish Kronor until the next Revaluation Date to occur. Except Euro. (b) Solely for purposes of financial statements delivered by Article II and related definitional provisions to the Borrower hereunder or calculating financial ratios hereunder or except as otherwise provided hereinextent used therein, the applicable amount of Swedish Kronor any currency (other than Dollars) for purposes of the Loan Documents shall be such Dollar Equivalent amount as so determined by the Administrative Agent; provided thatAgent and notified to the applicable Lender and the Borrower in accordance with paragraph (a) of this Section 1.03(b). (c) Notwithstanding any other provision of this Agreement, amounts denominated in a currency other than Dollars will be converted to Dollars for the purposes of (A) calculating the financial maintenance covenants under Sections 6.12 (Interest Expense Coverage Ratio) and 6.13 (Leverage Ratio), and (B) calculating the Consolidated Cash Interest Expense and the Leverage Ratio (other than for purposes of determining compliance with any Dollar-denominated restriction on Sections 6.12 and 6.13) at the exchange rates then used by Holdings in its financial statements. (xd) the incurrence For purposes of Section 6.01 (Indebtedness; Certain Equity Securities), the Dollar-equivalent principal amount of any Indebtedness denominated in a any currency other than Dollars shall be calculated based on the relevant currency exchange rate in effect on the date such Indebtedness is incurredapplicable Exchange Rate, in the case of term debt, such Indebtedness incurred or first committed, in on the case of revolving credit datedate that such Indebtedness was incurred or committed, as applicable; provided that, that if indebtedness such Indebtedness is incurred to extend, replace, refund, refinance, renew or defease refinance other Indebtedness denominated in a currency other than Dollars, and such extension, replacement, refunding, refinancing, renewal or defeasance refinancing would cause the applicable Dollar-denominated restriction to be exceeded if calculated at the relevant currency exchange rate in effect applicable Exchange Rate on the date of such extension, replacement, refunding, refinancing, renewal or defeasance, such Dollar-denominated restriction restrictions shall be deemed not to have been exceeded so long as the principal amount of such refinancing Refinancing Indebtedness does not exceed the sum of (i) the outstanding or committed principal amount amount, as applicable, of such Indebtedness being extended, replaced, refunded, refinanced, renewed or defeased; and refinanced plus (yii) the making aggregate amount of any investmentfees, underwriting discounts, premiums and other costs and expenses incurred in connection with such refinancing. (e) For purposes of Article VI, the Dollar-equivalent amount of any investment Indebtedness, Liens, Investments, asset sales and Restricted Payments, as applicable, denominated in a any currency other than Dollars shall be calculated based on the relevant currency exchange rate applicable Exchange Rate. If any basket is exceeded solely as a result of fluctuations in effect on the date applicable Exchange Rate after the last time such investment basket was made. (b) Wherever in this Agreement in connection with a Borrowing, conversion, continuation or prepayment of a Eurocurrency Loan, an amountutilized, such basket will not be deemed to have been exceeded solely as a required minimum or multiple amount, is expressed in Dollars, but such Borrowing or Eurocurrency Loan is denominated in Swedish Kronor, such amount shall be the Currency Equivalent result of such Dollar amount (rounded to fluctuations in the nearest unit of Swedish Kronor, with 0.5 of a unit being rounded upward), as determined by the Administrative Agentapplicable Exchange Rate.

Appears in 1 contract

Samples: Revolving Credit Agreement (Alcoa Corp)

Exchange Rates; Currency Equivalents. (a) The Not later than 1:00 p.m., New York City time, on each Calculation Date, the Administrative Agent shall (x) determine the Spot Rates Exchange Rate as of each Revaluation such Calculation Date with respect to be used for calculating Dollar Equivalent amounts of Swedish Term Loans denominated in Swedish Kronorthe applicable Permitted Foreign Currency and (y) give notice thereof to the applicable Lender and the Borrower. Such Spot The Exchange Rates so determined shall become effective as (i) in the case of the initial Calculation Date, on the Effective Date and (ii) in the case of each subsequent Calculation Date, on the first Business Day immediately following such Revaluation Calculation Date (a “Reset Date”), shall remain effective until the next succeeding Reset Date and shall for all purposes of this Agreement (other than any provision expressly requiring the use of a current exchange rate) be the Spot Exchange Rates employed in converting any amounts between Dollars dollars and Swedish Kronor until the next Revaluation Date to occur. Except any Permitted Foreign Currency. (b) Solely for purposes of financial statements delivered by Article II and related definitional provisions to the Borrower hereunder or calculating financial ratios hereunder or except as otherwise provided hereinextent used therein, the applicable amount of Swedish Kronor any currency (other than dollars) for purposes of the Loan Documents shall be such Dollar Equivalent amount as so determined by the Administrative Agent; provided thatAgent and notified to the applicable Lender and the Borrower in accordance with Section 1.06(a). If any basket is exceeded solely as a result of fluctuations in the applicable Exchange Rate after the last time such basket was utilized, such basket will not be deemed to have been exceeded solely as a result of such fluctuations in the applicable Exchange Rate. Amounts denominated in a Permitted Foreign Currency will be converted to dollars for the purposes of (A) testing the financial maintenance covenant under Section 6.13 and for calculating the Total Net Leverage Ratio in each of the definition of “Permitted Acquisition”, Section 2.21(a), Section 5.13 and clauses (g) and (p) of Section 6.01 (but not for any calculation of the Total Net Leverage Ratio in the definition of “Permitted Acquisition” or clause (g) or (p) of Section 6.01 referenced in the parenthetical statement therein following the termination of the Revolving Commitments and the reduction of the Revolving Exposure to zero), at the Exchange Rate as of the last day of the fiscal quarter for which such measurement is being made, and (B) calculating the Senior Secured Net Leverage Ratio and the Total Net Leverage Ratio (other than for purposes of determining compliance with any Dollar-denominated restriction on Section 6.13 and for purposes of the other calculations expressly referenced in the immediately preceding clause (x) A)), at the incurrence Exchange Rate as of the date of calculation, and will, in the case of Indebtedness, reflect the Dollar-equivalent principal currency translation effects, determined in accordance with GAAP, of Hedging Agreements permitted hereunder for currency exchange risks with respect to the applicable currency in effect on the date of determination of the Dollar Equivalent of such Indebtedness. (c) For purposes of Section 6.01, the amount of any Indebtedness denominated in a any currency other than Dollars dollars shall be calculated based on the relevant currency exchange rate in effect on the date such Indebtedness is incurredapplicable Exchange Rate, in the case of term debt, such Indebtedness incurred or first committed, in on the case of revolving credit datedate that such Indebtedness was incurred or committed, as applicable; provided that, that if indebtedness such Indebtedness is incurred to extend, replace, refund, refinance, renew or defease refinance other Indebtedness denominated in a currency other than Dollarsdollars, and such extension, replacement, refunding, refinancing, renewal or defeasance refinancing would cause the applicable Dollardollar-denominated restriction to be exceeded if calculated at the relevant currency exchange rate in effect applicable Exchange Rate on the date of such extension, replacement, refunding, refinancing, renewal or defeasance, such Dollardollar-denominated restriction restrictions shall be deemed not to have been exceeded so long as the principal amount of such refinancing Refinancing Indebtedness does not exceed the sum of (i) the outstanding or committed principal amount amount, as applicable, of such Indebtedness being extended, replaced, refunded, refinanced, renewed or defeased; and refinanced plus (yii) the making aggregate amount of any investmentfees, underwriting discounts, premiums and other costs and expenses incurred in connection with such refinancing. (d) For purposes of Sections 6.02, 6.04, 6.05 and 6.08, the Dollar-equivalent amount of any investment Liens, Investments, asset sales and Restricted Payments, as applicable, denominated in a any currency other than Dollars dollars shall be calculated based on the relevant currency exchange rate in effect applicable Exchange Rate on the date that such investment was Lien is incurred or such Investment, asset sale or Restricted Payment is made. (b) Wherever in this Agreement in connection with a Borrowing, conversion, continuation or prepayment of a Eurocurrency Loan, an amount, such as a required minimum or multiple amount, is expressed in Dollars, but such Borrowing or Eurocurrency Loan is denominated in Swedish Kronor, such amount shall be the Currency Equivalent of such Dollar amount (rounded to the nearest unit of Swedish Kronor, with 0.5 of a unit being rounded upward), as determined by the Administrative Agentcase may be.

Appears in 1 contract

Samples: Credit Agreement (Chemours Co)

Exchange Rates; Currency Equivalents. (a) The Administrative Agent or the applicable L/C Issuer, as applicable, shall determine the Spot Rates as of each Revaluation Date to be used for calculating Dollar Equivalent amounts of Swedish Term Loans Credit Extensions and Outstanding Amounts denominated in Swedish KronorAlternative Currencies. Such Spot Rates Dollar Equivalent shall become effective as of such Revaluation Date and shall be the Spot Rates employed in converting any Dollar Equivalent of such amounts between Dollars and Swedish Kronor until the next Revaluation Date to occur. Except for purposes of financial statements delivered by the Borrower Loan Parties hereunder or calculating financial ratios covenants hereunder or except as otherwise provided herein, the applicable amount of Swedish Kronor any currency (other than Dollars) for purposes of the Loan Documents shall be such Dollar Equivalent amount as so determined by the Administrative Agent; provided thatAgent or the L/C Issuer, for purposes of determining compliance with any Dollar-denominated restriction on (x) the incurrence of Indebtedness, the Dollar-equivalent principal amount of Indebtedness denominated in a currency other than Dollars shall be calculated based on the relevant currency exchange rate in effect on the date such Indebtedness is incurred, in the case of term debt, or first committed, in the case of revolving credit date; provided that, if indebtedness is incurred to extend, replace, refund, refinance, renew or defease other Indebtedness denominated in a currency other than Dollars, and such extension, replacement, refunding, refinancing, renewal or defeasance would cause the applicable Dollar-denominated restriction to be exceeded if calculated at the relevant currency exchange rate in effect on the date of such extension, replacement, refunding, refinancing, renewal or defeasance, such Dollar-denominated restriction shall be deemed not to have been exceeded so long as the principal amount of such refinancing Indebtedness does not exceed the principal amount of such Indebtedness being extended, replaced, refunded, refinanced, renewed or defeased; and (y) the making of any investment, the Dollar-equivalent amount of any investment denominated in a currency other than Dollars shall be calculated based on the relevant currency exchange rate in effect on the date such investment was madeapplicable. (b) Wherever in this Agreement in connection with a Committed Borrowing, conversion, continuation or prepayment of a Eurocurrency LoanRate Loan or the issuance, amendment or extension of a Letter of Credit, an amount, such as a required minimum or multiple amount, is expressed in Dollars, but such Borrowing Committed Borrowing, Eurocurrency Rate Loan or Eurocurrency Loan Letter of Credit is denominated in Swedish Kronoran Alternative Currency, such amount shall be the relevant Alternative Currency Equivalent of such Dollar amount (rounded to the nearest unit of Swedish Kronorsuch Alternative Currency, with 0.5 of a unit being rounded upward), as determined by the Administrative AgentAgent or the applicable L/C Issuer, as the case may be. (c) If any Indebtedness or Liens is incurred to refinance other Indebtedness denominated in a foreign currency (or in a different currency from such Indebtedness so being incurred), and any such refinancing would cause any threshold based on a dollar amount to be exceeded if calculated at the relevant currency exchange rate in effect on the date of such refinancing, such threshold shall be deemed not have been exceeded so long as the principal amount of such refinancing Indebtedness or Liens do not exceed (i) the outstanding or committed principal amount (whichever is higher) of such Indebtedness being refinanced plus (ii) the aggregate amount of fees, underwriting discounts, premiums and other costs and expenses (including accrued and unpaid interest) incurred or payable in connection with such refinancing.

Appears in 1 contract

Samples: Credit Agreement (Discovery, Inc.)

Exchange Rates; Currency Equivalents. (a) The Administrative Agent or the applicable L/C Issuer, as applicable, shall determine the Spot Rates as of each Revaluation Date to be used for calculating Dollar Equivalent amounts of Swedish Term Loans Credit Extensions and Outstanding Amounts denominated in Swedish KronorAlternative Currencies. Such Spot Rates shall become effective as of such Revaluation Date and shall be the Spot Rates employed in converting any amounts between Dollars and Swedish Kronor the applicable currencies until the next Revaluation Date to occur. Except for purposes of financial statements delivered by the Borrower Loan Parties hereunder or calculating financial ratios covenants, default thresholds or financial ratio tests hereunder or except as otherwise provided herein, the applicable amount of Swedish Kronor any currency (other than Dollars) for purposes of the Loan Documents shall be such Dollar Equivalent amount as so determined by the Administrative Agent; provided thatAgent or the applicable L/C Issuer, for purposes as applicable. If any basket in Article VIII is exceeded solely as a result of determining compliance with any Dollar-denominated restriction on (x) the incurrence of Indebtedness, the Dollar-equivalent principal amount of Indebtedness denominated in a currency other than Dollars shall be calculated based on the relevant currency exchange rate in effect on the date such Indebtedness is incurred, fluctuations in the case applicable Dollar Equivalent amount after the last time such basket was utilized, such basket will not be deemed to have been exceeded solely as a result of term debt, or first committed, such fluctuations in the case of revolving credit date; provided thatapplicable Dollar Equivalent amount. In addition, if indebtedness any Indebtedness is incurred to extend, replace, refund, refinance, renew or defease refinance other Indebtedness denominated in a currency other than Dollars, and such extension, replacement, refunding, refinancing, renewal or defeasance refinancing would cause the applicable Dollardollar-denominated restriction in Article VIII to be exceeded if calculated at the relevant currency exchange rate in effect applicable Dollar Equivalent amount on the date of such extension, replacement, refunding, refinancing, renewal or defeasance, such Dollardollar-denominated restriction restrictions shall be deemed not to have been exceeded so long as the principal amount of such refinancing Indebtedness does not exceed the sum of (i) the outstanding or committed principal amount amount, as applicable of such Indebtedness being extended, replaced, refunded, refinanced, renewed or defeased; and refinanced plus (yii) the making of any investment, the Dollar-equivalent aggregate amount of any investment denominated fees, underwriting discounts, premiums and other costs and expenses incurred in a currency other than Dollars shall be calculated based on the relevant currency exchange rate in effect on the date connection with such investment was maderefinancing. (b) Wherever in this Agreement in connection with a Borrowing, conversion, continuation or prepayment of an Alternative Currency Loan or the issuance, amendment or extension of a Eurocurrency LoanLetter of Credit, an amount, such as a required minimum or multiple amount, is expressed in Dollars, but such Borrowing Borrowing, Loan or Eurocurrency Loan Letter of Credit is denominated in Swedish Kronoran Alternative Currency, such amount shall be the relevant Alternative Currency Equivalent of such Dollar amount (rounded to the nearest unit of Swedish Kronorsuch Alternative Currency, with 0.5 of a unit being rounded upward), as determined by the Administrative AgentAgent or the applicable L/C Issuer, as the case may be.

Appears in 1 contract

Samples: Credit Agreement (Lamb Weston Holdings, Inc.)

Exchange Rates; Currency Equivalents. (a) The Administrative Agent or the applicable L/C Issuer, as applicable, shall determine the Spot Rates as of each Revaluation Date to be used for calculating Dollar Equivalent amounts of Swedish Term Loans Credit Extensions and Outstanding Amounts denominated in Swedish KronorAlternative Currencies. Such Spot Rates Dollar Equivalent shall become effective as of such Revaluation Date and shall be the Spot Rates employed in converting any Dollar Equivalent of such amounts between Dollars and Swedish Kronor until the next Revaluation Date to occur. Except for purposes of financial statements delivered by the Borrower Loan Parties hereunder or calculating financial ratios covenants hereunder or except as otherwise provided herein, the applicable amount of Swedish Kronor any currency (other than Dollars) for purposes of the Loan Documents shall be such Dollar Equivalent amount as so determined by the Administrative Agent; provided thatAgent or the L/C Issuer, for purposes of determining compliance with any Dollar-denominated restriction on (x) the incurrence of Indebtedness, the Dollar-equivalent principal amount of Indebtedness denominated in a currency other than Dollars shall be calculated based on the relevant currency exchange rate in effect on the date such Indebtedness is incurred, in the case of term debt, or first committed, in the case of revolving credit date; provided that, if indebtedness is incurred to extend, replace, refund, refinance, renew or defease other Indebtedness denominated in a currency other than Dollars, and such extension, replacement, refunding, refinancing, renewal or defeasance would cause the applicable Dollar-denominated restriction to be exceeded if calculated at the relevant currency exchange rate in effect on the date of such extension, replacement, refunding, refinancing, renewal or defeasance, such Dollar-denominated restriction shall be deemed not to have been exceeded so long as the principal amount of such refinancing Indebtedness does not exceed the principal amount of such Indebtedness being extended, replaced, refunded, refinanced, renewed or defeased; and (y) the making of any investment, the Dollar-equivalent amount of any investment denominated in a currency other than Dollars shall be calculated based on the relevant currency exchange rate in effect on the date such investment was madeapplicable. (b) Wherever in this Agreement in connection with a Committed Borrowing, conversion, continuation or prepayment of a Eurocurrency LoanRateTerm SOFR Loan or the issuance, amendment or extension of a Letter of Credit, an amount, such as a required minimum or multiple amount, is expressed in Dollars, but such Borrowing Committed Borrowing, Eurocurrency RateTerm SOFR Loan or Eurocurrency Loan Letter of Credit is 49 (c) If any Indebtedness or Liens is incurred to refinance other Indebtedness denominated in Swedish Kronora foreign currency (or in a different currency from such Indebtedness so being incurred), and any such refinancing would cause any threshold based on a dollar amount to be exceeded if calculated at the relevant currency exchange rate in effect on the date of such refinancing, such amount threshold shall be deemed not have been exceeded so long as the Currency Equivalent principal amount of such Dollar refinancing Indebtedness or Liens do not exceed (i) the outstanding or committed principal amount (rounded to whichever is higher) of such Indebtedness being refinanced plus (ii) the nearest unit aggregate amount of Swedish Kronorfees, underwriting discounts, premiums and other costs and expenses (including accrued and unpaid interest) incurred or payable in connection with 0.5 of a unit being rounded upward), as determined by the Administrative Agentsuch refinancing.

Appears in 1 contract

Samples: Credit Agreement (Warner Bros. Discovery, Inc.)

Exchange Rates; Currency Equivalents. (a) The Administrative Agent shall determine the Spot Rates as For purposes of each Revaluation Date to be used for calculating Dollar Equivalent amounts of Swedish Term Loans denominated in Swedish Kronor. Such Spot Rates shall become effective as of such Revaluation Date and shall be the Spot Rates employed in converting any amounts between Dollars and Swedish Kronor until the next Revaluation Date to occur. Except determination under Article V, Article VI (other than for purposes of financial statements delivered by calculating the Borrower hereunder Total Leverage Ratio) or calculating financial ratios hereunder Article VII or except as otherwise provided hereinany determination under any other provision of this Agreement requiring the use of a current exchange rate (other than those described in clauses (b) and (c) below), all amounts incurred or proposed to be incurred in currencies other than dollars shall be translated into dollars at the applicable amount exchange rate then in effect on the date of Swedish Kronor such determination; provided, however, that (x) for purposes of determining compliance with Article VI with respect to the Loan Documents 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 Dollar Equivalent amount as so determined by the Administrative Agent; provided thatIndebtedness or Investment is incurred or Disposition or Restricted Payment is made, (y) for purposes of determining compliance with any Dollar-denominated restriction on (x) the incurrence of Indebtedness, the Dollar-equivalent principal amount of Indebtedness denominated in a currency other than Dollars shall be calculated based on the relevant currency exchange rate in effect on the date if such Indebtedness is incurred, in the case of term debt, or first committed, in the case of revolving credit date; provided that, if indebtedness is incurred under a particular basket to extend, replace, refund, refinance, renew or defease Refinance other Indebtedness denominated in a foreign currency other than Dollarsthat was originally incurred under the same basket, and such extension, replacement, refunding, refinancing, renewal or defeasance Refinancing would cause the applicable Dollar-denominated restriction to be exceeded if calculated at the relevant currency exchange rate in effect on the date of such extension, replacement, refunding, refinancing, renewal or defeasanceRefinancing, such Dollar-denominated restriction shall be deemed not to have been exceeded so long as the principal amount of the Indebtedness that is incurred to Refinance such refinancing Indebtedness does not exceed the principal amount (or accreted amount) of such Indebtedness being extendedRefinanced, replacedexcept by an amount equal to the accrued interest, refundeddividends and premium (including tender premiums), refinancedif any, renewed or defeased; thereon plus defeasance costs, underwriting discounts and other amounts paid and fees and expenses (including OID, closing payments, upfront fees and similar fees) incurred in connection with such Refinancing plus an amount equal to any existing commitment unutilized and letters of credit undrawn thereunder and (yz) for the making avoidance of any investmentdoubt, the Dollar-equivalent amount foregoing provisions of this Section 1.07 shall otherwise apply to such Sections, including with respect to determining whether any investment denominated Indebtedness or Investment may be incurred or Disposition or Restricted Payment may be made at any time under such Sections. For purposes of calculating the Total Leverage Ratio, amounts in a currency currencies other than Dollars dollars shall be calculated based on translated into dollars at the relevant currency applicable exchange rate rates used in effect on preparing the date such investment was mademost recently delivered financial statements pursuant to Section 5.01(a) or Section 5.01(b) (or, prior to the Effective Date, the Latest Financial Statements). (b) The Administrative Agent or the Issuing Bank, as applicable, shall determine the Dollar Equivalent amounts of any Loans, Borrowings, Letters of Credit and LC Disbursements denominated in Alternative Currencies. Such Dollar Equivalent shall become effective as of such Revaluation Date and shall be the Dollar Equivalent of such amounts until the next Revaluation Date to occur. Except for purposes of financial statements delivered by Loan Parties hereunder or calculating financial covenants hereunder or except as otherwise provided herein, the applicable amount of any currency (other than Dollars) for purposes of the Loan Documents shall be such Dollar Equivalent amount as so determined by the Administrative Agent or the Issuing Bank, as applicable. (c) Wherever in this Agreement in connection with a Borrowing, conversion, continuation or prepayment of a Eurocurrency LoanEurocurrencyan Alternative Currency Loan or the issuance, amendment or extension of a Letter of Credit, an amount, such as a required minimum or multiple amount, is expressed in Dollars, but such Borrowing or Borrowing, Eurocurrency Loan or Letter of Credit is denominated in Swedish Kronoran Alternative Currency, such amount shall be the relevant Alternative Currency Equivalent of such Dollar amount (rounded to the nearest unit of Swedish Kronorsuch Alternative Currency, with 0.5 of a unit being rounded upward), as determined by the Administrative AgentAgent or the Issuing Bank, as the case may be. (d) Each provision of this Agreement shall be subject to such reasonable changes of construction as the Administrative Agent may from time to time specify with the Borrower’s consent (such consent not to be unreasonably withheld) to appropriately reflect a change in currency of any country and any relevant market conventions or practices relating to such change in currency.

Appears in 1 contract

Samples: First Amendment (Costar Group, Inc.)

Exchange Rates; Currency Equivalents. (a) The Administrative Agent or the applicable L/C Issuer, as applicable, shall determine the Spot Rates as of each Revaluation Date to be used for calculating Dollar Equivalent amounts of Swedish Term Loans Credit Extensions and Outstanding Amounts denominated in Swedish KronorAlternative Currencies. Such Spot Rates shall become effective as of such Revaluation Date and shall be the Spot Rates employed in converting any amounts between Dollars and Swedish Kronor the applicable currencies until the next Revaluation Date to occur. Except for purposes of financial statements delivered by the Borrower Loan Parties hereunder or calculating financial ratios covenants, default thresholds or financial ratio tests hereunder or except as otherwise provided herein, the applicable amount of Swedish Kronor any currency (other than Dollars) for purposes of the Loan Documents shall be such Dollar Equivalent amount as so determined by the Administrative Agent; provided thatAgent or the applicable L/C Issuer, for purposes as applicable. If any basket in Article VIII is exceeded solely as a result of determining compliance with any Dollar-denominated restriction on (x) the incurrence of Indebtedness, the Dollar-equivalent principal amount of Indebtedness denominated in a currency other than Dollars shall be calculated based on the relevant currency exchange rate in effect on the date such Indebtedness is incurred, fluctuations in the case applicable Dollar Equivalent amount after the last time such basket was utilized, such basket will not be deemed to have been exceeded solely as a result of term debt, or first committed, such fluctuations in the case of revolving credit date; provided thatapplicable Dollar Equivalent amount. In addition, if indebtedness any Indebtedness is incurred to extend, replace, refund, refinance, renew or defease refinance other Indebtedness denominated in a currency other than Dollars, and such extension, replacement, refunding, refinancing, renewal or defeasance refinancing would cause the applicable Dollardollar-denominated restriction in Article VIII to be exceeded if calculated at the relevant currency exchange rate in effect applicable Dollar Equivalent amount on the date of such extension, replacement, refunding, refinancing, renewal or defeasance, such Dollardollar-denominated restriction restrictions shall be deemed not to have been exceeded so long as the principal amount of such refinancing Indebtedness does not exceed the sum of (i) the outstanding or committed principal amount amount, as applicable of such Indebtedness being extended, replaced, refunded, refinanced, renewed or defeased; and refinanced plus (yii) the making of any investment, the Dollar-equivalent aggregate amount of any investment denominated fees, underwriting discounts, premiums and other costs and expenses incurred in a currency other than Dollars shall be calculated based on the relevant currency exchange rate in effect on the date connection with such investment was maderefinancing. (b) Wherever in this Agreement in connection with a Borrowing, conversion, continuation or prepayment of a Eurocurrency LoanLIBOR Rate Loan or the issuance, amendment or extension of a Letter of Credit, an amount, such as a required minimum or multiple amount, is expressed in Dollars, but such Borrowing Borrowing, LIBOR Rate Loan or Eurocurrency Loan Letter of Credit is denominated in Swedish Kronoran Alternative Currency, such amount shall be the relevant Alternative Currency Equivalent of such Dollar amount (rounded to the nearest unit of Swedish Kronorsuch Alternative Currency, with 0.5 of a unit being rounded upward), as determined by the Administrative AgentAgent or the applicable L/C Issuer, as the case may be.

Appears in 1 contract

Samples: Credit Agreement (WHITEWAVE FOODS Co)

Exchange Rates; Currency Equivalents. (a) The Administrative Agent shall determine the Spot Rates as of each Revaluation Date to be used for calculating Dollar Equivalent amounts of Swedish Term the face amount of Letters of Credit, L/C Disbursements in respect of such Letters of Credit, Local Loans and/or Acceptances denominated in Swedish KronorPermitted Foreign Currencies. Such Spot Rates shall become effective as of such Revaluation Date and shall be the Spot Rates employed in converting any amounts between Dollars and Swedish Kronor the applicable currencies until the next Revaluation Date to occur. Except The Administrative Agent shall notify the applicable Issuing Lender and the Borrower on each Revaluation Date of the Spot Rates determined by it and the related Dollar Equivalent of Local Loans and Acceptances then outstanding. Solely for purposes of financial statements delivered by Sections 2 and 3 and related definitional provisions to the Borrower hereunder or calculating financial ratios hereunder or except as otherwise provided hereinextent used in such Sections, the applicable amount of Swedish Kronor any currency (other than Dollars) for purposes of the Loan Documents shall be such Dollar Equivalent amount as so determined by the Administrative Agent; provided thatAgent and notified to the Borrower and the applicable Issuing Lender in accordance with this Section 1.4. If any basket is exceeded solely as a result of fluctuations in applicable currency exchange rates after the last time such basket was utilized, for such basket will not be deemed to have been exceeded solely as a result of such fluctuations in currency exchange rates. For purposes of determining compliance with any Dollar-denominated restriction on (x) the incurrence of IndebtednessConsolidated Net First Lien Leverage Ratio, the Dollar-equivalent principal amount of Indebtedness Consolidated Net Secured Leverage Ratio, the Consolidated Net Total Leverage Ratio, the Financial Covenant Fixed Charge Coverage Ratio and the Fixed Charge Coverage Ratio, amounts denominated in a currency other than Dollars shall will be calculated based on converted to Dollars for the relevant currency exchange rate in effect on purposes of calculating any Consolidated Net Total Leverage Ratio, the Consolidated Net Secured Leverage Ratio, the Consolidated Net First Lien Leverage Ratio, the Financial Covenant Fixed Charge Coverage Ratio and the Fixed Charge Coverage Ratio, at the Spot Rate as of the date such Indebtedness is incurredof calculation, and will, in the case of term debtIndebtedness, or first committedreflect the currency translation effects, determined in the case accordance with GAAP, of revolving credit date; provided that, if indebtedness is incurred Hedge Agreements permitted hereunder for currency exchange risks with respect to extend, replace, refund, refinance, renew or defease other Indebtedness denominated in a currency other than Dollars, and such extension, replacement, refunding, refinancing, renewal or defeasance would cause the applicable Dollar-denominated restriction to be exceeded if calculated at the relevant currency exchange rate in effect on the date of such extension, replacement, refunding, refinancing, renewal or defeasance, such Dollar-denominated restriction shall be deemed not to have been exceeded so long as determination of the principal amount of such refinancing Indebtedness does not exceed the principal amount of such Indebtedness being extended, replaced, refunded, refinanced, renewed or defeased; and (y) the making of any investment, the Dollar-equivalent amount of any investment denominated in a currency other than Dollars shall be calculated based on the relevant currency exchange rate in effect on the date such investment was made. (b) Wherever in this Agreement in connection with a Borrowing, conversion, continuation or prepayment of a Eurocurrency Loan, an amount, such as a required minimum or multiple amount, is expressed in Dollars, but such Borrowing or Eurocurrency Loan is denominated in Swedish Kronor, such amount shall be the Currency Dollar Equivalent of such Dollar amount (rounded to the nearest unit of Swedish Kronor, with 0.5 of a unit being rounded upward), as determined by the Administrative AgentIndebtedness.

Appears in 1 contract

Samples: Credit Agreement (Revlon Consumer Products Corp)

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