Common use of Foreign Currency Adjustments Clause in Contracts

Foreign Currency Adjustments. In the event that any indemnification payment required to be made hereunder or under any Ancillary Agreement shall be denominated in a currency other than U.S. Dollars, the amount of such payment shall be translated into U.S. Dollars using the foreign exchange rate for such currency determined in accordance with the following rules: (i) With respect to any Indemnifiable Losses arising from the payment by a financial institution under a guarantee, comfort letter, letter of credit, foreign exchange contract or similar instrument, the foreign exchange rate for such currency shall be determined as of the date on which such financial institution shall have been reimbursed; (ii) With respect to any Indemnifiable Losses covered by insurance, the foreign exchange rate for such currency shall be the foreign exchange rate employed by the insurance company providing such insurance in settling such Indemnifiable Losses with the Indemnifying Party; and (iii) With respect to any Indemnifiable Losses not covered by either clause (i) or (ii) above, the foreign exchange rate for such currency shall be determined as of the date that notice of the claim with respect to such Indemnifiable Losses shall be given to the Indemnitee.

Appears in 4 contracts

Samples: Distribution Agreement (New Ceridian Corp), Distribution Agreement (New Ceridian Corp), Distribution Agreement (New Ceridian Corp)

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Foreign Currency Adjustments. In the event that any indemnification payment required to be made hereunder or under any Ancillary Agreement shall be denominated in a currency other than U.S. Dollars, the amount of such payment shall be translated into U.S. Dollars using the foreign exchange rate for such currency determined in accordance with the following rules: (i) With with respect to any Indemnifiable Losses arising from the payment by a financial institution under a guarantee, comfort letter, letter of credit, foreign exchange contract or similar instrument, the foreign exchange rate for such currency shall be determined as of the date on which such financial institution shall have been reimbursed; (ii) With with respect to any Indemnifiable Losses covered by insurance, the foreign exchange rate for such currency shall be the foreign exchange rate employed by the insurance company providing such insurance in settling such Indemnifiable Losses with the Indemnifying Party; and (iii) With with respect to any Indemnifiable Losses not covered by either clause (i) or (ii) above, the foreign exchange rate for such currency shall be determined as of the date that notice of the claim with respect to such Indemnifiable Losses shall be given to the IndemniteeIndemnified Party.

Appears in 4 contracts

Samples: Distribution Agreement (Ada-Es Inc), Distribution Agreement (Earth Sciences Inc), Distribution Agreement (Ada-Es Ing)

Foreign Currency Adjustments. In the event that any indemnification ---------------------------- payment required to be made hereunder or under any Ancillary Agreement shall be denominated in a currency other than U.S. Dollars, the amount of such payment shall be translated into U.S. Dollars using the foreign exchange rate for such currency determined in accordance with the following rulesas follows: (i) With with respect to any Indemnifiable Losses Loss arising from the payment by a financial institution under a guarantee, comfort letter, letter of credit, foreign exchange contract or similar instrument, the foreign exchange rate for such currency shall be determined as of the date on which such financial institution shall have been reimbursed; (ii) With with respect to any Indemnifiable Losses Loss covered by insurance, the foreign exchange rate for such currency shall be the foreign exchange rate employed by the insurance company providing such insurance insurer in settling such Indemnifiable Losses with the Indemnifying Party; and (iii) With with respect to any Indemnifiable Losses Loss not covered by either clause (i) or (ii) above, the foreign exchange rate for such currency shall be determined as of the date that notice of the claim with respect to such Indemnifiable Losses shall be Loss is given to the Indemnitee.

Appears in 3 contracts

Samples: Distribution Agreement (Varian Associates Inc /De/), Distribution Agreement (Varian Inc), Distribution Agreement (Varian Inc)

Foreign Currency Adjustments. In the event that any indemnification payment required to be made hereunder or under any Ancillary Agreement shall be denominated in a currency other than U.S. Dollars, the amount of such payment shall be translated into U.S. Dollars using the foreign exchange rate for such currency determined in accordance with the following rules: (i) With with respect to any Indemnifiable Losses arising from the payment by a financial institution under a guarantee, comfort letter, letter of credit, foreign exchange contract or similar instrument, the foreign exchange rate for such currency shall be determined as of the date on which such financial institution shall have been reimbursed; (ii) With with respect to any Indemnifiable Losses covered by insurance, the foreign exchange rate for such currency shall be the foreign exchange rate employed by the insurance company providing such insurance in settling such Indemnifiable Losses with the Indemnifying Party; and (iii) With with respect to any Indemnifiable Losses not covered by either clause (i) or (ii) above, the foreign exchange rate for such currency shall be determined as of the date that notice of the claim with respect to such Indemnifiable Losses shall be given to the Indemnitee.

Appears in 3 contracts

Samples: Distribution Agreement (Tenneco Packaging Inc), Distribution Agreement (Tenneco Packaging Inc), Distribution Agreement (Pactiv Corp)

Foreign Currency Adjustments. In the event that any indemnification payment required to be made hereunder or under any Ancillary Agreement shall be denominated in a currency other than U.S. Dollars, the amount of such payment shall be translated into U.S. Dollars using the foreign exchange rate for such currency determined in accordance with the following rules: (i) With with respect to any Indemnifiable Losses arising from the payment by a financial institution under a guarantee, comfort letter, letter of credit, foreign exchange contract or similar instrument, the foreign exchange rate for such currency shall be determined as of the date on which such financial institution shall have been reimbursed; (ii) With with respect to any Indemnifiable Losses covered by insurance, the foreign exchange rate for such currency shall be the foreign exchange rate employed by the insurance company providing such insurance in settling such Indemnifiable Losses with the Indemnifying Party; andand TENNECO DISTRIBUTION AGREEMENT (iii) With with respect to any Indemnifiable Losses not covered by either clause (i) or (ii) above, the foreign exchange rate for such currency shall be determined as of the date that notice of the claim with respect to such Indemnifiable Losses shall be given to the Indemnitee.

Appears in 1 contract

Samples: Distribution Agreement (Tenneco Packaging Inc)

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Foreign Currency Adjustments. All indemnification payments hereunder shall be in U.S. Dollars. In the event that any indemnification payment required to be made hereunder or under any Ancillary Agreement Indemnifiable Loss shall be denominated in a currency other than U.S. Dollars, the amount of such payment shall be translated into U.S. Dollars using the foreign exchange rate for such currency determined in accordance with the following rules: (i) With with respect to any Indemnifiable Losses arising from the payment by a financial institution under a guarantee, comfort letter, letter of credit, foreign exchange contract or similar instrument, the foreign exchange rate for such currency shall be determined as of the date on which such financial institution shall have been reimbursed; (ii) With with respect to any Indemnifiable Losses covered by insurance, the foreign exchange rate for such currency shall be the foreign exchange rate employed by the insurance company providing such insurance in settling such Indemnifiable Losses with the Indemnifying Party; and (iii) With with respect to any Indemnifiable Losses not covered by either clause (i) or (ii) above, the foreign exchange rate for such currency shall be determined as of the date that notice of the claim payment with respect to such Indemnifiable Losses shall be given to made by the Indemnitee.

Appears in 1 contract

Samples: Distribution Agreement (Omi Corp)

Foreign Currency Adjustments. In the event that any indemnification payment required to be made hereunder or under any Ancillary Agreement shall be denominated in a currency cur- rency other than U.S. DollarsUnited States dollars, the amount of such payment pay- ment shall be translated into U.S. Dollars United States dollars using the foreign exchange rate Foreign Exchange Rate for such currency determined in accordance ac- cordance with the following rules: (i) With with respect to any an Indemnifiable Losses Loss arising from the payment by a financial institution under a guarantee, comfort letter, letter of credit, foreign exchange contract con- tract or similar instrument, the foreign exchange rate Foreign Exchange Rate for such currency shall be determined as of the date on which such financial institution shall have been reimbursed; (ii) With with respect to any an Indemnifiable Losses Loss covered by insurance, the foreign exchange rate Foreign Exchange Rate for such currency shall be the foreign exchange rate Foreign Exchange Rate employed by the insurance insur- ance company providing such insurance in settling such Indemnifiable Losses Loss with the Indemnifying Party; and (iii) With with respect to any an Indemnifiable Losses Loss not covered cov- ered by either clause (i) or (ii) above, the foreign exchange rate for such currency indemnification pay- ment shall be determined as of paid in the date that notice of the claim with respect to such Indemnifiable Losses shall be given to the Indemniteeapplicable local currency with- out any translation into United States dollars.

Appears in 1 contract

Samples: Distribution Agreement (New Morton International Inc)

Foreign Currency Adjustments. All indemnification payments hereunder shall be in U.S. Dollars. In the event that any indemnification payment required to be made hereunder or under any Ancillary Agreement Indemnifiable Loss shall be denominated in a currency other than U.S. Dollars, the amount of such payment shall be translated into U.S. Dollars using the foreign exchange rate for such currency determined in accordance with the following rules: (i) With with respect to any Indemnifiable Losses arising from the payment by a financial institution under a guarantee, comfort letter, letter of credit, foreign exchange contract or similar instrument, the foreign exchange rate for such currency shall be determined as of the date on which such financial institution shall have been reimbursed; (ii) With with respect to any Indemnifiable Losses covered by insurance, the foreign exchange rate for such currency shall be the foreign exchange rate employed by the insurance company providing such insurance in settling such Indemnifiable Losses with the Indemnifying Party; and (iii) With with respect to any Indemnifiable Losses not covered by either clause (i) or (ii) above, the foreign exchange rate for such currency shall be determined as of the date that notice of the claim payment with respect to such Indemnifiable Losses shall be given made to the Indemnitee.

Appears in 1 contract

Samples: Acquisition Agreement (Omi Corp)

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