Common use of Judgement Currency Clause in Contracts

Judgement Currency. (a) If, for the purpose of obtaining or enforcing judgment against the Obligors in any court in any jurisdiction, it becomes necessary to convert into a particular currency (such currency being hereinafter in this Section 24 referred to as the “Judgment Currency”) an amount due in another currency (such other currency being hereinafter in this Section 24 referred to as the “Indebtedness Currency”) under this Agreement, the conversion shall be made at the rate of exchange prevailing on the Business Day immediately preceding: (i) the date of actual payment of the amount due, in the case of any proceeding in the courts of the Province of Ontario or in the courts of any other jurisdiction that will give effect to such conversion being made on such date; or (ii) the date on which the judgment is given, in the case of any proceeding in the courts of any other jurisdiction (the date as of which such conversion is made pursuant to this Section 24(a)(ii) being hereinafter in this Section 24 referred to as the “Judgment Conversion Date”). (b) If, in the case of any proceeding in the court of any jurisdiction referred to in Section 24(a)(ii), there is a change in the rate of exchange prevailing between the Judgment Conversion Date and the date of actual payment of the amount due, the Obligors shall pay to the Lenders such additional amount (if any, but in any event not a lesser amount) as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the rate of exchange prevailing on the date of payment, will produce the amount of the Indebtedness Currency which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial order at the rate of exchange prevailing on the Judgment Conversion Date. (c) Any amount due from the Obligors under the provisions of Section 24(b) shall be due to the Lenders as a separate debt and shall not be affected by judgment being obtained for any other amounts due under or in respect of this Agreement.

Judgement Currency. (a) If, If for the purpose of obtaining or enforcing judgment against the Obligors Company in any court in any jurisdiction, jurisdiction it becomes necessary to convert into a particular any other currency (such other currency being hereinafter in this Section 24 28 referred to as the “Judgment Currency”) an amount due in another currency (such other currency being hereinafter in this Section 24 referred to as the “Indebtedness Currency”) U.S. dollars under this AgreementDebenture, the conversion shall be made at the rate of exchange Exchange Rate prevailing on the Business Trading Day immediately preceding: (i) the date of actual payment of the amount due, in the case of any proceeding in the courts of the Province of Ontario New York or in the courts of any other jurisdiction that will give effect to such conversion being made on such date; : or (ii) the date on which the judgment is givenforeign court determines, in the case of any proceeding in the courts of any other jurisdiction (the date as of which such conversion is made pursuant to this Section 24(a)(ii28(a)(ii) being hereinafter in this Section 24 referred to as the “Judgment Conversion Date”). (b) If, If in the case of any proceeding in the court of any jurisdiction referred to in Section 24(a)(ii)28(a)(ii) above, there is a change in the rate of exchange Exchange Rate prevailing between the Judgment Conversion Date and the date of actual payment of the amount due, the Obligors applicable party shall pay to the Lenders such additional adjusted amount (if any, but in any event not a lesser amount) as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the rate of exchange Exchange Rate prevailing on the date of payment, will produce the amount of the Indebtedness Currency US dollars which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial order at the rate of exchange Exchange Rate prevailing on the Judgment Conversion Date. (c) Any amount due from the Obligors Company under the provisions of Section 24(b) this provision shall be due to the Lenders as a separate debt and shall not be affected by judgment being obtained for any other amounts due under or in respect of this AgreementDebenture.

Judgement Currency. (a) If, for the purpose purposes of obtaining or enforcing judgment against the Obligors judgement in any court in any jurisdictionor obtaining an order enforcing a judgement, it becomes necessary to convert into a particular any amount due under this Agreement in Dollars or in any other currency (such currency being hereinafter referred to in this Section 24 as the "First Currency") into any other currency (hereinafter referred to as the “Judgment Currency”) an amount due in another currency (such other currency being hereinafter in this Section 24 referred to as the “Indebtedness "Second Currency”) under this Agreement"), then the conversion shall be made at the Administrative Agent's spot rate of exchange for buying the First Currency with the Second Currency prevailing at the Administrative Agent's close of business on the Business Day immediately preceding: (i) next preceding the date of actual payment of the amount due, in the case of any proceeding in the courts of the Province of Ontario or in the courts of any other jurisdiction that will give effect to such conversion being made on such date; or (ii) the date day on which the judgment judgement is given, in given or (as the case of any proceeding in may be) the courts of any other jurisdiction (order is made. In the date as of which such conversion is made pursuant to this Section 24(a)(ii) being hereinafter in this Section 24 referred to as the “Judgment Conversion Date”). (b) If, in the case of any proceeding in the court of any jurisdiction referred to in Section 24(a)(ii), event that there is a change in difference between the rate of exchange prevailing between on the Judgment Conversion Date and the date basis of actual payment of which the amount due, the Obligors shall pay to the Lenders of such additional amount (if any, but in any event not a lesser amount) as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at judgement order is determined and the rate of exchange prevailing on the date of payment, will produce the amount of the Indebtedness Currency which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial order at then the rate of exchange prevailing on the Judgment Conversion Date. (c) date of payment shall govern the amount owing hereunder, and each Borrower hereby agrees to pays such additional amount as may be necessary to ensure that the amount paid on such date in the Second Currency is the amount in said such Second Currency which, when converted at the Administrative Agent's spot rate of exchange for buying the First Currency with the Second Currency prevailing at the Administrative Agent's opening of business on the date of payment, as the amount which was due under this Agreement in the First Currency before such judgement was obtained or made. Any amount due from the Obligors under the provisions of Section 24(b) shall be due Borrowers to the Lenders under the second sentence of this Section will be due as a separate debt of the Company to the Lenders and shall not be affected by judgment judgement or order being obtained for any other amounts sum due under or in respect of this Agreement. The covenant contained in this Section shall survive the payment in full of all of the other Obligations.

Judgement Currency. (a) If, for the purpose of obtaining or enforcing judgment against the Obligors Debtor in any court in any jurisdiction, it becomes necessary to convert into a particular currency (such currency being hereinafter in this Section 24 referred to as the “Judgment Currency”) an amount due in another currency (such other currency being hereinafter in this Section 24 referred to as the “Indebtedness Currency”) under this Agreementagreement, the conversion shall be made at the rate of exchange prevailing on the Business Day immediately preceding: (i) the date of actual payment of the amount due, in the case of any proceeding in the courts of the Province of Ontario British Columbia or in the courts of any other jurisdiction that will give effect to such conversion being made on such date; or (ii) the date on which the judgment is given, in the case of any proceeding in the courts of any other jurisdiction (the date as of which such conversion is made pursuant to this Section 24(a)(ii) being hereinafter in this Section 24 referred to as the “Judgment Conversion Date”). (b) If, in the case of any proceeding in the court of any jurisdiction referred to in Section 24(a)(ii), there is a change in the rate of exchange prevailing between the Judgment Conversion Date and the date of actual payment of the amount due, the Obligors Debtor shall pay to the Lenders Debentureholder such additional amount (if any, but in any event not a lesser amount) as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the rate of exchange prevailing on the date of payment, will produce the amount of the Indebtedness Currency which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial order at the rate of exchange prevailing on the Judgment Conversion Date. (c) Any amount due from the Obligors Debtor under the provisions of Section 24(b) shall be due to the Lenders Debentureholder as a separate debt and shall not be affected by judgment being obtained for any other amounts due under or in respect of this AgreementDebenture.

Judgement Currency. (a1) If, If for the purpose of obtaining or enforcing judgment against the Obligors Borrower in any court in any jurisdiction, it becomes necessary to convert into a particular any other currency (such other currency being hereinafter in this Section 24 referred to as the “Judgment Currency”) an amount due in another currency (such other currency being hereinafter in this Section 24 referred to as the “Indebtedness Currency”) Canadian Dollars or United States Dollars under this Agreement, the conversion shall be made at the rate of exchange prevailing on the Business Banking Day immediately preceding: (ia) the date of actual payment of the amount due, in the case of any proceeding in the courts of the Province of Ontario or in the courts of any other jurisdiction that will give effect to such conversion being made on such date; or (iib) the date on which the judgment is given, in the case of any proceeding in the courts of any other jurisdiction (the date as of which such conversion is made pursuant to this Section 24(a)(ii) being hereinafter in this Section 24 referred to as the “Judgment Conversion Date”). (b2) If, in the case of any proceeding in the court of any jurisdiction referred to in Section 24(a)(ii14.4(1)(b), there is a change in the rate of exchange prevailing between the Judgment Conversion Date and the date of actual payment of the amount due, the Obligors Borrower shall pay to the Lenders such additional amount (if any, but in any event not a lesser amount) as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the rate of exchange prevailing on the date of payment, will produce the amount of Canadian Dollars or United States Dollars, as the Indebtedness Currency case may be, which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial order at the rate of exchange prevailing on the Judgment Conversion Date. (c3) Any amount due from the Obligors Borrower under the provisions of Section 24(b14.4(2) shall be due to the Lenders as a separate debt and shall not be affected by judgment being obtained for any other amounts due under or in respect of this Agreement. (4) The term “rate of exchange” in this Section 14.4 means the noon rate of exchange for Canadian interbank transactions in Canadian Dollars or United States Dollars, as the case may be, in the Judgment Currency published by the Bank of Canada for the day in question, or if such rate is not so published by the Bank of Canada, such term shall mean the Equivalent Amount of the Judgment Currency.