Common use of Judgement Currency Clause in Contracts

Judgement Currency. If for the purpose of obtaining judgment in any court or for the purpose of determining, pursuant to the obligations of the undersigned, the amounts owing hereunder it is necessary to convert an amount due hereunder in the currency in which it is due (the “Original Currency”) into another currency (the “Second Currency”), the rate of exchange applied shall be that at which, in accordance with normal banking procedures, the Agent could purchase, in the New York foreign exchange market, the Original Currency with the Second Currency on the next Business Day preceding that on which judgment is given or any other payment is due hereunder. Each of the Guarantors agrees that its obligation in respect of any Original Currency due from it to the Agent hereunder shall, notwithstanding any judgment or payment in such other currency, be discharged only to the extent that, on the Business Day following the date the Agent receives payment of any sum so adjudged or owing to be due hereunder in the Second Currency the Agent may, in accordance with normal banking procedures, purchase, in the New York foreign exchange market the Original Currency with the amount of the Second Currency so paid; and if the amount of the Original Currency so purchased or could have been so purchased is less than the amount originally due in the Original Currency, each Guarantor agrees as a separate obligation and notwithstanding any such payment or judgment to indemnify the Agent against such loss. The term “rate of exchange” in this Section 17 means the spot rate at which the Agent, in accordance with normal practices is able, on the relevant date, to purchase the Original Currency with the Second Currency and includes any premium and costs of exchange payable in connection with such purchase.

Judgement Currency. If for the purpose of obtaining judgment in any court or for the purpose of determining, pursuant to the obligations of the undersigned, the amounts owing hereunder it is necessary to convert an amount due hereunder in the currency in which it is due (the “Original Currency”) into another currency (the “Second Currency”), the rate of exchange applied shall be that at which, in accordance with normal banking procedures, the Agent Lenders could purchase, purchase in the New York foreign exchange market, the Original Currency with the Second Currency on the next date two (2) Business Day Days preceding that on which judgment is given or any other payment is due hereundergiven. Each of the Guarantors Borrower agrees that its obligation in respect of any Original Currency due from it to the Agent hereunder shall, notwithstanding any judgment or payment in such other currency, be discharged only to the extent that, on the Business Day following the date the Agent Lenders receives payment of any sum so adjudged or owing to be due hereunder in the Second Currency the Agent Currency, Lenders may, in accordance with normal banking procedures, purchase, in the New York foreign exchange market market, the Original Currency with the amount of the Second Currency so paid; and if the amount of the Original Currency so purchased or could have been so purchased is less than the amount originally due in the Original Currency, each Guarantor Borrower agrees as a separate obligation and notwithstanding any such payment or judgment to indemnify the Agent Lender against such loss. The term “rate of exchange” in this Section 17 12.27 means the spot rate at which the Agenta Lender, in accordance with normal practices practices, is able, able on the relevant date, date to purchase the Original Currency with the Second Currency Currency, and includes any premium and costs of exchange payable in connection with such purchase.

Judgement Currency. If for the purpose of obtaining judgment in any court or for the purpose of determining, pursuant to the obligations of the undersigned, the amounts owing hereunder it is necessary to convert an amount due hereunder in the currency in which it is due (the “Original Currency”) into another currency (the “Second Currency”), the rate of exchange applied shall be that at which, in accordance with normal banking procedures, the Agent Lenders could purchase, purchase in the New York foreign 101 exchange market, the Original Currency with the Second Currency on the next date two (2) Business Day Days preceding that on which judgment is given or any other payment is due hereundergiven. Each of the Guarantors Borrower agrees that its obligation in respect of any Original Currency due from it to the Agent hereunder shall, notwithstanding any judgment or payment in such other currency, be discharged only to the extent that, on the Business Day following the date the Agent Lenders receives payment of any sum so adjudged or owing to be due hereunder in the Second Currency the Agent Currency, Lenders may, in accordance with normal banking procedures, purchase, in the New York foreign exchange market market, the Original Currency with the amount of the Second Currency so paid; and if the amount of the Original Currency so purchased or could have been so purchased is less than the amount originally due in the Original Currency, each Guarantor Borrower agrees as a separate obligation and notwithstanding any such payment or judgment to indemnify the Agent Lender against such loss. The term “rate of exchange” in this Section 17 12.27 means the spot rate at which the Agenta Lender, in accordance with normal practices practices, is able, able on the relevant date, date to purchase the Original Currency with the Second Currency Currency, and includes any premium and costs of exchange payable in connection with such purchase.