Judgment Currency Clause Sample Clauses

Judgment Currency Clause. (1) If, for the purpose of obtaining or enforcing judgment against any party in any court in any jurisdiction, it becomes necessary to convert into a particular currency (the “Judgment Currency”) an amount due in another currency (the “Indebtedness Currency”) under this Indenture, the conversion will be made at the Rate of Exchange prevailing on the Business Day immediately preceding: (a) the date of actual payment of the amount due, in the case of any proceeding in the courts of the Province of British Columbia or in the courts of any other jurisdiction that will give effect to the conversion being made on that date, or (b) the date on which the foreign court determines, in the case of any proceeding in the courts of any other jurisdiction (that date being the “Judgment Conversion Date”). (2) If, as a result of a change in the Rate of Exchange between the Judgment Conversion Date and the date of actual payment, the conversion of the Judgment Currency into Indebtedness Currency dollars results in a party (the “entitled party”) receiving less than the full amount of Indebtedness Currency dollars payable to such party, the other party (the “paying party”) agrees to pay any additional amount (and in any event not a lesser amount) as may be necessary to ensure that the amount received by the entitled party is not less than the full amount of Indebtedness Currency dollars payable by the paying party on the date of payment. Any additional amount due under this section will be due as a separate debt, gives rise to a separate cause of action, and will not be affected by judgment obtained for any other sums due under this Indenture.