Common use of Judgment Currency Clause in Contracts

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower and each other Loan Party in respect of any such sum due from it to the Administrative Agent or any Lender hereunder or under any other Loan Document shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent or such Lender, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent or such Lender, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent or any Lender from the Borrower or any other Loan Party in the Agreement Currency, the Borrower and each other Loan Party agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent or such Lender, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent or any Lender in such currency, the Administrative Agent or such Lender, as the case may be, agrees to return the amount of any excess to the Borrower or other Loan Party, as applicable (or to any other Person who may be entitled thereto under applicable law).

Appears in 44 contracts

Sources: Credit Agreement (Organogenesis Holdings Inc.), Senior Secured Revolving Credit Facility Credit Agreement (EverQuote, Inc.), Credit Agreement (Once Upon a Farm, PBC)

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the each Borrower and each other Loan Party in respect of any such sum due from it to the Administrative Agent or any Lender hereunder or under any other Loan Document shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent or such Lender, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent or such Lender, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent or any Lender from the any Borrower or any other Loan Party in the Agreement Currency, the such Borrower and each other Loan Party agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent or such Lender, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent or any Lender in such currency, the Administrative Agent or such Lender, as the case may be, agrees to return the amount of any excess to the such Borrower or other Loan Party, as applicable (or to any other Person who may be entitled thereto under applicable law).

Appears in 40 contracts

Sources: Credit Agreement (Pagaya Technologies Ltd.), Credit Agreement (Extreme Networks Inc), Credit Agreement (Extreme Networks Inc)

Judgment Currency. If, The Company agrees to indemnify the Underwriters against any loss incurred by the Underwriters as a result of any judgment or order being given or made against the Company for the purposes of obtaining judgment in any court, it is necessary to convert a sum amount due hereunder and such judgment or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower order being expressed and each other Loan Party in respect of any such sum due from it to the Administrative Agent or any Lender hereunder or under any other Loan Document shall, notwithstanding any judgment paid in a currency (the “Judgment Currency”) other than that United States dollars and as a result of any variation as between (i) the rate of exchange at which the United States dollar amount is converted into the Judgment Currency for the purpose of each judgment or order, and (ii) the rate of exchange in The City of New York at which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that an Underwriter on the Business Day following date of receipt by the Administrative Agent of payment of such judgment or such Lender, as the case may be, of any sum adjudged order is able to be so due in the Judgment Currency, the Administrative Agent or such Lender, as the case may be, may in accordance purchase United States dollars with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Judgment Currency actually received by such Underwriter if such Underwriter had utilized such amount of Judgment Currency to purchase United States dollars within two business days following such Underwriter’s receipt thereof. The foregoing indemnity shall constitute a separate and independent obligation of the Company and shall continue in full force and effect notwithstanding any such judgment or order as aforesaid. If the United States dollars so purchased is are less than the sum originally due to the Administrative Agent or any Lender from the Borrower or any other Loan Party in the Agreement Currencysuch Underwriter, the Borrower and each other Loan Party agrees, Company agrees as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent or such Lender, as the case may be, Underwriter against such loss. If the amount of the Agreement Currency United States dollars so purchased is are greater than the sum originally due to the Administrative Agent or any Lender in such currencyUnderwriters hereunder, the Administrative Agent or such Lender, as the case may be, agrees Underwriters agree to return the amount of any excess pay to the Borrower Company an amount equal to the excess of the dollars so purchased over the sum originally due to the Underwriters hereunder. The term “rate of exchange” shall include any premiums and costs of exchange payable in connection with the purchase of, or other Loan Partyconversion into, as applicable (or to any other Person who may be entitled thereto under applicable law)the relevant currency.

Appears in 26 contracts

Sources: Underwriting Agreement (APRINOIA Therapeutics Inc.), Underwriting Agreement (Papa Medical Inc.), Underwriting Agreement (TryHard Holdings LTD)

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower and each other Loan Party in respect of any such sum due from it to the Administrative Agent or any Lender hereunder or under any other Loan Document shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent or such Lender, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent or such Lender, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent or any Lender from the Borrower or any other Loan Party in the Agreement Currency, the Borrower and each other such Loan Party agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent or such Lender, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent or any Lender in such currency, the Administrative Agent or such Lender, as the case may be, agrees to return the amount of any excess to the Borrower or other Loan Party, as applicable (or to any other Person who may be entitled thereto under applicable law).

Appears in 9 contracts

Sources: Credit Agreement (Health Catalyst, Inc.), Credit Agreement (Ribbon Communications Inc.), Credit Agreement (Ribbon Communications Inc.)

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the each Borrower and each other Loan Party in respect of any such sum due from it to the Administrative Agent or any Lender hereunder or under any the other Loan Document Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent or such Lender, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent or such Lender, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent or any Lender from the any Borrower or any other Loan Party in the Agreement Currency, the such Borrower and each other Loan Party agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent or such Lender, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent or any Lender in such currency, the Administrative Agent or such Lender, as the case may be, agrees to return the amount of any excess to the such Borrower or other Loan Party, as applicable (or to any other Person who may be entitled thereto under applicable law).

Appears in 9 contracts

Sources: Credit Agreement (Ferroglobe PLC), Loan Agreement (Hexcel Corp /De/), Credit Agreement (Axiall Corp/De/)

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary for any Lender Party to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent such Lender Party could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the each Borrower and each other Loan Party in respect of any such sum due from it to the Administrative Agent or any such Lender Party hereunder or under any the other Loan Document Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent or such Lender, as the case may be, Lender Party of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent or such Lender, as the case may be, Lender Party may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent or such Lender Party from any Lender from the Borrower or any other Loan Party in the Agreement Currency, the such Borrower and each other Loan Party agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent or such Lender, as the case may be, Lender Party against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent or any such Lender Party in such currency, the Administrative Agent or such Lender, as the case may be, Lender Party agrees to return the amount of any excess to the such Borrower or other Loan Party, as applicable (or to any other Person who may be entitled thereto under applicable lawApplicable Law).

Appears in 7 contracts

Sources: Credit Agreement (Vontier Corp), Credit Agreement (Vontier Corp), Credit Agreement (Fortive Corp)

Judgment Currency. If, for the purposes of obtaining judgment in any courtcourt or in respect of any tender made by any Credit Party, it is necessary to convert a sum due hereunder or under any other Loan Credit Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is givengiven or such tender is made. The obligation of the Borrower and each other Loan any Credit Party in respect of any such sum due from it to the Administrative Agent or any Lender hereunder or under any the other Loan Document Credit Documents shall, notwithstanding any tender or judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent or such Lender, as the case may be, Lender of any sum received or adjudged to be so due in the Judgment Currency, the Administrative Agent or such Lender, as the case may be, Lender may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent or any such Lender from the Borrower or any other Loan Party in the Agreement Currency, the Borrower and each other Loan applicable Credit Party agrees, as a separate obligation and notwithstanding any such judgmentjudgment or tender, to indemnify the Administrative Agent or such Lender, as Lender or the case may be, Person to whom such obligation was owing against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent or any such Lender in such currency, the Administrative Agent or such Lender, as the case may be, Lender agrees to return the amount of any excess to the Borrower or other Loan Party, as applicable Credit Party (or to any other Person who may be entitled thereto under applicable law).

Appears in 6 contracts

Sources: Credit Agreement (Markel Corp), Credit Agreement (Platinum Underwriters Holdings LTD), Credit Agreement (Platinum Underwriters Holdings LTD)

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower and each other Loan Party Borrowers in respect of any such sum due from it to the Administrative Agent or any Lender the L/C Issuer hereunder or under any the other Loan Document Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent or such Lenderthe L/C Issuer, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent or such Lenderthe L/C Issuer, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent or any Lender the L/C Issuer from the Borrower or any other Loan Party Borrowers in the Agreement Currency, the each Borrower and each other Loan Party agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent or such Lenderthe L/C Issuer, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent or any Lender the L/C Issuer in such currency, the Administrative Agent or such Lenderthe L/C Issuer, as the case may be, agrees to return the amount of any excess to the Borrower or other Loan Party, as applicable Borrowers (or to any other Person who may be entitled thereto under applicable law).

Appears in 6 contracts

Sources: Limited Waiver and Amendment to Credit Agreement (Granite Construction Inc), Credit Agreement (Granite Construction Inc), Credit Agreement (Granite Construction Inc)

Judgment Currency. If, for the purposes of obtaining judgment in any courtcourt in any jurisdiction with respect to this Agreement or any other Loan Document, it is necessary to convert a sum due hereunder or under any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower and each other Loan Party in respect of any such sum due from it to the Administrative Agent or any Lender the Lenders hereunder or under any the other Loan Document Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent or such Lender, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent or such Lender, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent or any Lender from the Borrower or any other Loan Party in the Agreement Currency, the Borrower and each other Loan Party agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent or the Person to whom such Lender, as the case may be, obligation was owing against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent or any Lender in such currency, the Administrative Agent or such Lender, as the case may be, agrees to return the amount of any excess to the Borrower or other Loan Party, as applicable (or to any other Person who may be entitled thereto under applicable lawLaw).

Appears in 5 contracts

Sources: Credit Agreement (Mallinckrodt PLC), Term Loan Credit Agreement (Alvotech), Term Loan Credit Agreement (Alvotech)

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or under any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower and each other Loan Party in respect of any such sum due from it to the Administrative Agent or any Lender hereunder or under any the other Loan Document Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent or such Lender, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent or such Lender, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent or any Lender from the Borrower or any other Loan Party in the Agreement Currency, the Borrower and each other Loan Party agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent or such Lender, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent or any Lender in such currency, the Administrative Agent or such Lender, as the case may be, agrees to return the amount of any excess to the Borrower or such other Loan Party, as applicable Party (or to any other Person who may be entitled thereto under applicable law). All of the Borrower’s and each other Loan Party’s obligations under this Section 10.19 shall survive termination of the Aggregate Commitments and repayment of all other Obligations hereunder.

Appears in 5 contracts

Sources: Term Loan Agreement (Healthpeak Properties, Inc.), Term Loan Agreement (Healthpeak Properties, Inc.), Term Loan Agreement (Healthpeak Properties, Inc.)

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the each Borrower and each other Loan Party in respect of any such sum due from it to the Administrative Agent or any Lender hereunder or under any other Loan Document shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent or such Lender, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent or such Lender, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent or any Lender from the Borrower or any other Loan Party in the Agreement Currency, the Borrower and each other Loan Party agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent or such Lender, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent or any Lender in such currency, the Administrative Agent or such Lender, as the case may be, agrees to return the amount of any excess to the Borrower or other Loan Party, as applicable (or to any other Person who may be entitled thereto under applicable law).

Appears in 5 contracts

Sources: Revolving Credit Agreement (Digi International Inc), Credit Agreement (Digi International Inc), Credit Agreement (Digi International Inc)

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or under any other Loan Credit Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower and each other Loan Credit Party in respect of any such sum due from it to the Administrative Agent Agent, any L/C Issuer or any Lender hereunder or under any the other Loan Document Credit Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Credit Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent or such Lender, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent or such Lender, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent or any Lender from the Borrower or any other Loan such Credit Party in the Agreement Currency, the Borrower and each other Loan such Credit Party agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent Agent, such L/C Issuer or such Lender, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent Agent, such L/C Issuer or any such Lender in such currency, the Administrative Agent Agent, such L/C Issuer or such Lender, as the case may be, agrees to return the amount of any excess to the Borrower or other Loan Party, as applicable such Credit Party (or to any other Person who may be entitled thereto under applicable lawLaw).

Appears in 4 contracts

Sources: Credit Agreement (HSN, Inc.), Credit Agreement (Interval Leisure Group, Inc.), Credit Agreement (Interval Leisure Group, Inc.)

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower and each other Loan Party in respect of any such sum due from it to the Administrative any Agent or any Lender hereunder or under any the other Loan Document Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative such Agent or such Lender, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative such Agent or such Lender, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative any Agent or any Lender from the Borrower or any other Loan Party in the Agreement Currency, the Borrower and each other such Loan Party agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent or such Lender, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative any Agent or any Lender in such currency, the Administrative such Agent or such Lender, as the case may be, agrees to return the amount of any excess to the Borrower or other such Loan Party, as applicable Party (or to any other Person who may be entitled thereto under applicable lawLaw).

Appears in 4 contracts

Sources: Credit Agreement (Montrose Environmental Group, Inc.), Credit Agreement (Montrose Environmental Group, Inc.), Credit Agreement (Montrose Environmental Group, Inc.)

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary for any Guaranteed Party to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent such Guaranteed Party could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower and each other Loan Party Guarantor in respect of any such sum due from it to the Administrative Agent or any Lender such Guaranteed Party hereunder or under any the other Loan Document Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent or such Lender, as the case may be, Guaranteed Party of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent or such Lender, as the case may be, Guaranteed Party may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent or such Guaranteed Party from any Lender from the Borrower or any other Loan Party Guarantor in the Agreement Currency, the Borrower and each other Loan Party such Guarantor agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent or such Lender, as the case may be, Guaranteed Party against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent or any Lender such Guaranteed Party in such currency, the Administrative Agent or such Lender, as the case may be, Guaranteed Party agrees to return the amount of any excess to the Borrower or other Loan Party, as applicable such Guarantor (or to any other Person who may be entitled thereto under applicable lawApplicable Law).

Appears in 4 contracts

Sources: Credit Agreement (Envista Holdings Corp), Credit Agreement (Fortive Corp), Credit Agreement (Vontier Corp)

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent or the L/C Issuer could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower and each other Loan Party in respect of any such sum due from it to the Administrative Agent Agent, the L/C Issuer or any Lender hereunder or under any the other Loan Document Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent Agent, the L/C Issuer or such Lender, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent Agent, the L/C Issuer or such Lender, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent Agent, the L/C Issuer or any Lender from the Borrower or any other Loan Party in the Agreement Currency, the Borrower and each other Loan Party agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent Agent, the L/C Issuer or such Lender, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent Agent, the L/C Issuer or any Lender in such currency, the Administrative Agent Agent, the L/C Issuer or such Lender, as the case may be, agrees to return the amount of any excess to the Borrower or other Loan Party, as applicable (or to any other Person who may be entitled thereto under applicable lawLaw).

Appears in 4 contracts

Sources: First Amendment to Second Amended and Restated Credit Agreement (Louisiana-Pacific Corp), Credit Agreement (Louisiana-Pacific Corp), Credit Agreement (Louisiana-Pacific Corp)

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or under any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower and each other Loan Party in respect of any such sum due from it to the Administrative Agent or any Lender hereunder or under any the other Loan Document Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent or such Lender, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent or such Lender, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent or any Lender from the Borrower or any other Loan Party in the Agreement Currency, the Borrower and each other Loan Party agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent or such Lender, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent or any Lender in such currency, the Administrative Agent or such Lender, as the case may be, agrees to return the amount of any excess to the Borrower or such other Loan Party, as applicable Party (or to any other Person who may be entitled thereto under applicable law). All of the Borrower’s and each other Loan Party’s obligations under this Section 10.19 shall survive termination of the Aggregate Revolving Commitments and repayment of all other Obligations hereunder.

Appears in 4 contracts

Sources: Credit Agreement (Healthpeak Properties, Inc.), Credit Agreement (Healthpeak Properties, Inc.), Credit Agreement (Healthpeak Properties, Inc.)

Judgment Currency. If, (a) If for the purposes of obtaining judgment in any court, court of competent jurisdiction it is necessary to convert a sum due hereunder all or any part of the Guaranteed Obligations or any other Loan Document amount due to a Vendor or the Agent in one respect of the Guarantor’s obligations under this Guarantee in any currency (the “Original Currency”) into another currencycurrency (the “Other Currency”), the Guarantor, to the fullest extent that it may effectively do so, agrees that the rate of exchange used shall will be that at which which, in accordance with normal banking procedures procedures, the Administrative Agent Vendor or the Agent, as the case may be, could purchase the first currency Original Currency with such other currency the Other Currency on the Business Day business day preceding that on which final judgment is given. paid or satisfied. (b) The obligation obligations of the Borrower and each other Loan Party Guarantor in respect of any such sum due in the Original Currency from it to the Administrative Agent or any Lender hereunder or under any other Loan Document shallVendor will, notwithstanding any judgment in a currency (the “Judgment any Other Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day business day following receipt by the Administrative Agent or such Lender, as the case may be, a Vendor of any sum adjudged to be so due in such Other Currency the Judgment Currency, the Administrative Agent or such LenderVendor may, as the case may be, may in accordance with its normal banking procedures procedures, purchase the Agreement Original Currency with the Judgment such Other Currency. If the amount of the Agreement Original Currency so purchased is less than the sum originally due to the Administrative Agent or any Lender from the Borrower or any other Loan Party Vendor in the Agreement Original Currency, the Borrower and each other Loan Party Guarantor agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent or such Lender, as the case may be, Vendor against such loss. If , and if the amount of the Agreement Original Currency so purchased is greater than exceeds the sum originally due to the Administrative Agent or any Lender in such currency, the Administrative Agent or such LenderVendor in the Original Currency, the Agent or the Vendor, as the case may beapplicable, agrees to return the amount of any remit such excess to the Borrower or other Loan Party, as applicable (or to any other Person who may be entitled thereto under applicable law)Guarantor.

Appears in 3 contracts

Sources: Guarantee (E-World Usa Holding,inc), Guarantee (E-World Usa Holding,inc), Guarantee (E-World Usa Holding,inc)

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Credit Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower and each other Loan Party Company in respect of any such sum due from it to the Administrative Agent Agent, any Issuing Bank or any Lender hereunder or under any the other Loan Document Credit Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent Agent, such Issuing Bank or such Lender, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent Agent, such Issuing Bank or such Lender, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent Agent, any Issuing Bank or any Lender from the Borrower or any other Loan Party Company in the Agreement Currency, the Borrower and each other Loan Party Company agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent Agent, such Issuing Bank or such Lender, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent Agent, any Issuing Bank or any Lender in such currency, the Administrative Agent Agent, such Issuing Bank or such Lender, as the case may be, agrees to return the amount of any excess to the Borrower or other Loan Party, as applicable Company (or to any other Person who may be entitled thereto under applicable law).

Appears in 3 contracts

Sources: Credit Agreement (Covanta Holding Corp), Credit and Guaranty Agreement (Covanta Holding Corp), Credit and Guaranty Agreement (Covanta Holding Corp)

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the each Borrower and each other Loan Party in respect of any such sum due from it to the Administrative Agent or any Lender hereunder or under any the other Loan Document Documents in respect of its respective Obligations hereunder shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent or such Lender, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent or such Lender, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent or any Lender from the any Borrower or any other Loan Party in the Agreement Currency, the such Borrower and each other Loan Party agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent or such Lender, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent or any Lender in such currency, the Administrative Agent or such Lender, as the case may be, agrees to return the amount of any excess to the such Borrower or other Loan Party, as applicable (or to any other Person who may be entitled thereto under applicable law).

Appears in 3 contracts

Sources: Credit Agreement (Lululemon Athletica Inc.), 364 Day Credit Agreement (Lululemon Athletica Inc.), Credit Agreement (Lululemon Athletica Inc.)

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall will be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower and each other Ultimate Parent or any Loan Party in respect of any such sum due from it to the Administrative Agent or any Lender hereunder or under any the other Loan Document shallDocuments will, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent or such Lender, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent or such Lender, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent or any Lender from the Borrower Ultimate Parent or any other Loan Party in the Agreement Currency, the Borrower and each other Ultimate Parent or such Loan Party Party, as applicable, agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent or such Lender, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent or any Lender in such currency, the Administrative Agent or such Lender, as the case may be, agrees to return the amount of any excess to the Borrower Ultimate Parent or other such Loan Party, as applicable (or to any other Person who that may be entitled thereto under applicable lawLaw).

Appears in 3 contracts

Sources: Cash Bridge Loan Credit and Guaranty Agreement (Warner Chilcott LTD), Term Loan Credit and Guaranty Agreement (Warner Chilcott LTD), Bridge Loan Credit and Guaranty Agreement (Warner Chilcott LTD)

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum an amount due hereunder or any other Loan Document in one currency the First Currency into another currencya Second Currency, the rate of exchange used shall be that the Spot Rate at which in accordance with normal banking procedures the Administrative Agent could relevant time to purchase the first currency First Currency with the Second Currency and includes any premium and costs of exchange payable in connection with such other currency on purchase. Each Party’s (the Business Day preceding that on which final judgment is given. The “First Party”) obligation of the Borrower and each other Loan Party in respect of any such sum First Currency due from it to the Administrative Agent or any Lender another Party hereunder or under any other Loan Document shall, notwithstanding any judgment or payment in a currency (the “Judgment Second Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following the receipt by the Administrative Agent or such Lender, as the case may be, of any sum so paid or adjudged to be so due hereunder in the Judgment CurrencySecond Currency the other Party may, the Administrative Agent or such Lender, as the case may be, may in accordance with normal banking procedures procedures, purchase the Agreement First Currency with the Judgment Currency. If the amount of the Agreement Second Currency so paid or so adjudicated to be due; and if the amount of the First Currency so purchased is less than the sum amount originally due to the Administrative Agent or any Lender from the Borrower or any other Loan Party in the Agreement First Currency, the Borrower First Party agrees that the deficiency shall be a separate obligation of it, independent from its obligations under this Agreement, and each shall constitute in favour of the other Loan Party a cause of action which shall continue in full force and effect notwithstanding any such judgment or order to the contrary, and the First Party agrees, as a separate obligation and notwithstanding any such payment or judgment, to indemnify the Administrative Agent other Party against any such loss or such Lender, as the case may be, against such lossdeficiency. If the amount of the Agreement First Currency so purchased is greater more than the sum amount originally due in the First Currency, the other Party shall be obligated to pay to the Administrative Agent or any Lender in such currency, the Administrative Agent or such Lender, as the case may be, agrees to return First Party the amount of any excess to the Borrower or other Loan Party, as applicable (or to any other Person who may be entitled thereto under applicable law)such surplus.

Appears in 3 contracts

Sources: Syndicated Credit Agreement (Advantage Oil & Gas Ltd.), Syndicated Credit Agreement (Advantage Oil & Gas Ltd.), Syndicated Credit Agreement (Advantage Oil & Gas Ltd.)

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower and each other Loan Party in respect of any such sum due from it to the Administrative Agent or any Lender hereunder or under any the other Loan Document Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent or such Lender, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent or such Lender, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent or any Lender from the Borrower or any other Loan Party in the Agreement Currency, the Borrower and each other Loan Party agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent or such Lender, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent or any Lender in such currency, the Administrative Agent or such Lender, as the case may be, agrees to return the amount of any excess to the Borrower or other Loan Party, as applicable (or to any other Person who may be entitled thereto under applicable law).

Appears in 3 contracts

Sources: Credit Agreement (Reliance Steel & Aluminum Co), Credit Agreement (Reliance Steel & Aluminum Co), Credit Agreement (Reliance Steel & Aluminum Co)

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower and each other Loan Party Company in respect of any such sum due from it to the Administrative Agent or any Lender Bank hereunder or under any the other Loan Document Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent or such LenderBank, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent or such LenderBank, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent or any Lender Bank from the Borrower or any other Loan Party Company in the Agreement Currency, the Borrower and each other Loan Party Company agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent or such LenderBank, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent or any Lender Bank in such currency, the Administrative Agent or such LenderBank, as the case may be, agrees to return the amount of any excess to the Borrower or other Loan Party, as applicable Company (or to any other Person who may be entitled thereto under applicable law).

Appears in 3 contracts

Sources: Credit Agreement (General Mills Inc), Five Year Credit Agreement (General Mills Inc), Credit Agreement (General Mills Inc)

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Credit Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent or any L/C Issuer could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower and each other Loan Party any Co-Obligor in respect of any such sum due from it to the Administrative Agent Agent, the L/C Issuers or any Lender the Lenders hereunder or under any the other Loan Document Credit Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent or such Lender, as the case may be, any L/C Issuer of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent or such Lender, as the case may be, L/C Issuer may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent Agent, any L/C Issuer or any Lender from the Borrower or any other Loan Party Co-Obligors in the Agreement Currency, the Borrower Co-Obligors jointly and each other Loan Party agreesseverally agree, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent or the Person to whom such Lender, as the case may be, obligation was owing against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent Agent, any L/C Issuer or any Lender in such currency, the Administrative Agent Agent, such L/C Issuer or such Lender, as the case may beapplicable, agrees to return the amount of any excess to the Borrower or other Loan Party, as applicable Co-Obligors (or to any other Person who may be entitled thereto under applicable law).

Appears in 3 contracts

Sources: Letter of Credit and Term Loan Agreement (Chicago Bridge & Iron Co N V), Letter of Credit and Term Loan Agreement (Chicago Bridge & Iron Co N V), Letter of Credit and Term Loan Agreement (Chicago Bridge & Iron Co N V)

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Lead Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower and each other Loan Party in respect of any such sum due from it to the Administrative any Agent or any Lender hereunder or under any the other Loan Document Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative such Agent or such Lender, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative such Agent or such Lender, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative any Agent or any Lender from the Borrower or any other Loan Party in the Agreement Currency, the Borrower and each other Loan Party agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative such Agent or such Lender, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative any Agent or any Lender in such currency, the Administrative such Agent or such Lender, as the case may be, agrees to return the amount of any excess to the Borrower or other Loan Party, as applicable (or to any other Person who may be entitled thereto under applicable law).

Appears in 3 contracts

Sources: Credit Agreement (Church & Dwight Co Inc /De/), Credit Agreement (Church & Dwight Co Inc /De/), Credit Agreement (Church & Dwight Co Inc /De/)

Judgment Currency. If, for the purposes of obtaining judgment in any courtcourt or in respect of any tender made by any Credit Party, it is necessary to convert a sum due hereunder or under any other Loan Credit Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is givengiven or such tender is made. The obligation of the Borrower and each other Loan any Credit Party in respect of any such sum due from it to the Administrative Agent or any Lender hereunder or under any the other Loan Document Credit Documents shall, notwithstanding any tender or judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent or such Lender, as the case may be, Lender of any sum received or adjudged to be so due in the Judgment Currency, the Administrative Agent or such Lender, as the case may be, Lender may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent or any such Lender from the Borrower or any other Loan Party in the Agreement Currency, the Borrower and each other Loan such Credit Party agrees, as a separate obligation and notwithstanding any such judgmentjudgment or tender, to indemnify the Administrative Agent or such Lender, as Lender or the case may be, Person to whom such obligation was owing against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent or any such Lender in such currency, the Administrative Agent or such Lender, as the case may be, Lender agrees to return the amount of any excess to the Borrower or other Loan Party, as applicable such Credit Party (or to any other Person who may be entitled thereto under applicable law).

Appears in 3 contracts

Sources: Credit Agreement (Allied World Assurance Co Holdings, AG), Credit Agreement (Allied World Assurance Co Holdings, AG), Credit Agreement (Allied World Assurance Co Holdings LTD)

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower and each other Loan Party or any Foreign Borrower, as applicable, in respect of any such sum due from it to the Administrative Agent or any Lender the Lenders hereunder or under any the other Loan Document Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent or such Lender, as the case may be, relevant Lender of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent or such Lender, as the case may be, relevant Lender may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent or any Agent, such Lender from the Borrower or any other Loan Party Foreign Borrower, as applicable, in the Agreement Currency, each of the Borrower and each other Loan Party or any Foreign Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent Agent, or the Person to whom such Lender, as the case may be, obligation was owing against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent Agent, or any such Lender in such currency, the Administrative Agent Agent, or such Lender, as the case may be, Lender agrees to return the amount of any excess to the Borrower or other Loan Party, as applicable any Foreign Borrower (or to any other Person who may be entitled thereto under applicable lawLaw).

Appears in 3 contracts

Sources: Credit Agreement (Bucyrus International Inc), Credit Agreement (Bucyrus International Inc), Credit Agreement (Bucyrus International Inc)

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower and each other Loan Party in respect of any such sum due from it to the Administrative Agent or any Lender the L/C Issuer hereunder or under any the other Loan Document Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent or such Lenderthe L/C Issuer, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent or such Lenderthe L/C Issuer, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent or the L/C Issuer from any Lender from the Borrower or any other Loan Party in the Agreement Currency, the Borrower and each other Loan Party agreesParties agree, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent or such Lenderthe L/C Issuer, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent or any Lender the L/C Issuer in such currency, the Administrative Agent or such Lenderthe L/C Issuer, as the case may be, agrees to return the amount of any excess to the Borrower or other Loan Party, as applicable Parties (or to any other Person who may be entitled thereto under applicable lawLaw).

Appears in 2 contracts

Sources: Credit Agreement (TrueBlue, Inc.), Credit Agreement (TrueBlue, Inc.)

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower and each other Loan Party Guarantor in respect of any such sum due from it to the Administrative Agent or any Lender Guaranteed Party hereunder or under any the other Loan Document Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent or such LenderGuaranteed Party, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent or such LenderGuaranteed Party, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent or any Lender Guaranteed Party from the Borrower or any other Loan Party Guarantor in the Agreement Currency, the Borrower and each other Loan Party such Guarantor agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent or such LenderGuaranteed Party, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent or any Lender Guaranteed Party in such currency, the Administrative Agent or such LenderGuaranteed Party, as the case may be, agrees to return the amount of any excess to the Borrower or other Loan Party, as applicable such Guarantor (or to any other Person who may be entitled thereto under applicable lawApplicable Law).

Appears in 2 contracts

Sources: Term Loan Agreement (Jacobs Solutions Inc.), Credit Agreement (Jacobs Solutions Inc.)

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Thai Borrower and each other Loan Party in respect of any such sum due from it to the Administrative Agent or any Lender hereunder or under any the other Loan Document Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent or such Lender, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent or such Lender, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent or any Lender from the Thai Borrower or any other Loan Party in the Agreement Currency, the Thai Borrower and each other or such Loan Party agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent or such Lender, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent or any Lender in such currency, the Administrative Agent or such Lender, as the case may be, agrees to return the amount of any excess to the Thai Borrower or other such Loan Party, as applicable Party (or to any other Person who may be entitled thereto under applicable lawRequirement of Law).

Appears in 2 contracts

Sources: Revolving Facility Repricing Amendment (Alliance Laundry Holdings Inc.), Revolving Facility Repricing Amendment (Alliance Laundry Holdings Inc.)

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower and each other Loan Party in respect of any such sum due from it to the Administrative Agent or any Lender the L/C Issuer hereunder or under any the other Loan Document Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent or such Lenderthe L/C Issuer, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent or such Lenderthe L/C Issuer, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent or any Lender the L/C Issuer from the Borrower or any other Loan Party in the Agreement Currency, the Borrower and each other Loan Party agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent or such Lenderthe L/C Issuer, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent or any Lender the L/C Issuer in such currency, the Administrative Agent or such Lenderthe L/C Issuer, as the case may be, agrees to return the amount of any excess to the Borrower or other Loan Party, as applicable (or to any other Person who may be entitled thereto under applicable law).

Appears in 2 contracts

Sources: Credit Agreement (Granite Construction Inc), Credit Agreement (Granite Construction Inc)

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Financing Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower and each other Loan Credit Party in respect of any such sum due from it to the Administrative Agent Agent, Term Loan Servicer or any Lender hereunder or under any the other Loan Document Financing Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent Agent, Term Loan Servicer or such Lender, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent Agent, Term Loan Servicer or such Lender, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent Agent, Term Loan Servicer or any Lender from the Borrower or any other Loan Credit Party in the Agreement Currency, the Borrower and each other Loan such Credit Party agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent Agent, Term loan Servicer or such Lender, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent Agent, Term Loan Servicer or any Lender in such currency, the Administrative Agent Agent, Term Loan Servicer or such Lender, as the case may be, agrees to return the amount of any excess to the Borrower or other Loan Party, as applicable such Credit Party (or to any other Person who may be entitled thereto under applicable lawLaw).

Appears in 2 contracts

Sources: Credit, Security and Guaranty Agreement (Aspen Aerogels Inc), Amendment No. 1 and Joinder to Credit, Security and Guaranty Agreement (Aspen Aerogels Inc)

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower and each other Loan Party Guarantor in respect of any such sum due from it to the Administrative Agent or any Lender Guaranteed Party hereunder or under any the other Loan Document Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent or such LenderGuaranteed Party, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent or such LenderGuaranteed Party, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent or any Lender Guaranteed Party from the Borrower or any other Loan Party Guarantor in the Agreement Currency, the Borrower and each other Loan Party Guarantor agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent or such LenderGuaranteed Party, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent or any Lender Guaranteed Party in such currency, the Administrative Agent or such LenderGuaranteed Party, as the case may be, agrees to return the amount of any excess to the Borrower or other Loan Party, as applicable Guarantor (or to any other Person who may be entitled thereto under applicable lawApplicable Law).

Appears in 2 contracts

Sources: Term Loan Agreement (Jacobs Solutions Inc.), Term Loan Agreement (Jacobs Solutions Inc.)

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower and each other Loan Party in respect of any such sum due from it to the Administrative Agent or any the Canadian Lender hereunder or under any the other Loan Document Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent or such the Canadian Lender, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent or such the Canadian Lender, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent or any the Canadian Lender from the Borrower or any other Loan Party in the Agreement Currency, the Borrower and each other Loan Party agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent or such the Canadian Lender, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent or any the Canadian Lender in such currency, the Administrative Agent or such the Canadian Lender, as the case may be, agrees to return the amount of any excess to the Borrower or other Loan Party, as applicable (or to any other Person who may be entitled thereto under applicable law).

Appears in 2 contracts

Sources: Credit Agreement (Mistras Group, Inc.), Credit Agreement (Mistras Group, Inc.)

Judgment Currency. If, for the purposes of obtaining judgment in any courtcourt or in respect of any tender made by any Borrower, it is necessary to convert a sum due hereunder or under any other Loan Credit Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is givengiven or such tender is made. The obligation of the such Borrower and each other Loan Party in respect of any such sum due from it to the Administrative Agent or any Lender hereunder or under any the other Loan Document Credit Documents shall, notwithstanding any tender or judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent or such Lender, as the case may be, Lender of any sum received or adjudged to be so due in the Judgment Currency, the Administrative Agent or such Lender, as the case may be, Lender may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent or any such Lender from the Borrower or any other Loan Party in the Agreement Currency, the such Borrower and each other Loan Party agrees, as a separate obligation and notwithstanding any such judgmentjudgment or tender, to indemnify the Administrative Agent or such Lender, as Lender or the case may be, Person to whom such obligation was owing against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent or any such Lender in such currency, the Administrative Agent or such Lender, as the case may be, ▇▇▇▇▇▇ agrees to return the amount of any excess to the applicable Borrower or other Loan Party, as applicable (or to any other Person who may be entitled thereto under applicable law).

Appears in 2 contracts

Sources: Credit Agreement (Unum Group), Credit Agreement (Unum Group)

Judgment Currency. If, If it is necessary for the purposes of obtaining judgment in any court, it is necessary court to convert a sum due hereunder under this Agreement or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase (in accordance with customary banking procedures) the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the each Borrower and each other Loan Party in respect of any such sum due from and owing by it to the Administrative Agent or any Lender hereunder or under any the other Loan Document Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Credit Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent or such Lender, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent or such Lender, as the case may be, may in accordance with normal customary banking procedures procedures, purchase the Credit Agreement Currency with the Judgment Currency. If the amount of the Credit Agreement Currency so purchased is less than the sum originally due to the Administrative Agent or any Lender from the any Borrower or any other Loan Party in the Credit Agreement Currency, the such Borrower and each other Loan Party agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent or such Lender, as the case may be, against such loss. If the amount of the Credit Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent or any Lender in such currency, the Administrative Agent or such Lender, as the case may be, agrees to return the amount of any excess to the such Borrower or other Loan Party, as applicable (or to any other Person who may be entitled thereto under applicable lawLaw).

Appears in 2 contracts

Sources: Credit Agreement (Cra International, Inc.), Credit Agreement (Cra International, Inc.)

Judgment Currency. (a) If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or in any other Loan Document in one currency (the “Original Currency”) into another currencycurrency (the “Other Currency”) the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency Original Currency with such other currency the Other Currency at 11:00 a.m. (Brussels Time) on the second Business Day preceding that on which final judgment is given. . (b) The obligation of the Borrower and each other Loan Party in respect of any such sum due in the Original Currency from it to any Lender or the Administrative Agent or any Lender hereunder or under any other Loan Document shall, notwithstanding any judgment in a currency (the “Judgment any Other Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by such Lender or the Administrative Agent or such Lender, (as the case may be, ) of any sum adjudged to be so due in the Judgment Currency, such Other Currency such Lender or the Administrative Agent or such Lender, (as the case may be, ) may in accordance with normal banking procedures purchase the Agreement Original Currency with the Judgment such Other Currency. If ; if the amount of the Agreement Original Currency so purchased is less than the sum originally due to such Lender or the Administrative Agent or any Lender from (as the Borrower or any other Loan Party case may be) in the Agreement Original Currency, the Borrower and each other Loan Party agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or the Administrative Agent or such Lender, (as the case may be, ) against such loss. If , and if the amount of the Agreement Original Currency so purchased is greater than exceeds the sum originally due to any Lender or the Administrative Agent or any Lender in such currency, the Administrative Agent or such Lender, (as the case may be) in the Original Currency, such Lender or the Administrative Agent (as the case may be) agrees to return the amount of any excess remit to the Borrower or other Loan Party, as applicable (or to any other Person who may be entitled thereto under applicable law)such excess.

Appears in 2 contracts

Sources: Credit Agreement (Agco Corp /De), Credit Agreement (Agco Corp /De)

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower and each other Loan Party in respect of any such sum due from it to the Administrative Agent or any Lender hereunder or under any other Loan Document shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent or such Lender, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent or such Lender, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent or any Lender from the Borrower or any other Loan Party in the Agreement Currency, the Borrower and each other Loan Party agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent or such Lender, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent or any Lender in such currency, the Administrative Agent or such Lender, as the case may be, agrees to return the amount of any excess to the Borrower or other Loan Party, as applicable (or to any other Person who may be entitled thereto under applicable law).

Appears in 2 contracts

Sources: Senior Secured Revolving Credit Facility Credit Agreement (FTC Solar, Inc.), Credit Agreement (Silver Spring Networks Inc)

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower and each the other Loan Party Parties in respect of any such sum due from it to the Administrative Agent or any Lender hereunder or under any the other Loan Document Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent or such Lender, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent or such Lender, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent or any Lender from the Borrower or any other Loan Party in the Agreement Currency, the Borrower and each other Loan Party agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent or such Lender, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent or any Lender in such currency, the Administrative Agent or such Lender, as the case may be, agrees to return the amount of any excess to the Borrower or other Loan Party, as applicable (or to any other Person who may be entitled thereto under applicable lawLaw).

Appears in 2 contracts

Sources: Credit Agreement (Broadcom Inc.), Credit Agreement (Broadcom Inc.)

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of Holdings, the Borrower and each other Loan Party in respect of any such sum due from it to the Administrative Agent or any Lender hereunder or under any other Loan Document shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent or such Lender, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent or such Lender, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent or any Lender from the Borrower or any other Loan Party in the Agreement Currency, the Borrower and each other Loan Party agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent or such Lender, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent or any Lender in such currency, the Administrative Agent or such Lender, as the case may be, agrees to return the amount of any excess to the Borrower or other Loan Party, as applicable (or to any other Person who may be entitled thereto under applicable law).

Appears in 2 contracts

Sources: Credit Agreement (AdTheorent Holding Company, Inc.), Credit Agreement (Tenable Holdings, Inc.)

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower and each other Loan Credit Party in respect of any such sum due from it to the Administrative Agent or any Lender hereunder or under any the other Loan Document Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent or such Lender, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent or such Lender, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent or any Lender from the Borrower or any other Loan Credit Party in the Agreement Currency, the Borrower and each other Loan such Credit Party agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent or such Lender, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent or any Lender in such currency, the Administrative Agent or such Lender, as the case may be, agrees to return the amount of any excess to the Borrower or other Loan Party, as applicable such Credit Party (or to any other Person who may be entitled thereto under applicable lawApplicable Law).

Appears in 2 contracts

Sources: Credit Agreement (Omega Healthcare Investors Inc), Credit Agreement (Omega Healthcare Investors Inc)

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the each Borrower and each other Loan Party in respect of any such sum due from it to the Administrative Agent or any Lender hereunder or under any other Loan Document shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent or such Lender, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent or such Lender, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent or any Lender from the any Borrower or any other Loan Party in the Agreement Currency, the such Borrower and each other Loan Party agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent or such Lender, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent or any Lender in such currency, the Administrative Agent or such Lender, as the case may be, agrees to return the amount of any excess to the such Borrower or other Loan Party, as applicable (or to any other Person who may be entitled thereto under applicable lawApplicable Law).

Appears in 2 contracts

Sources: Credit Agreement (Sprinklr, Inc.), Credit Agreement (Sprinklr, Inc.)

Judgment Currency. If, for the purposes purpose of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any under any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower and each other Loan Party in respect of any such sum due from it to the Administrative Agent or any Lender Bank hereunder or under any other Loan Document shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent or such LenderBank, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent or such LenderBank, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent or any Lender Bank from the Borrower or any other Loan Party in the Agreement Currency, the Borrower and each other such Loan Party agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent or such LenderBank, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent or any Lender Bank in such currency, the Administrative Agent or such LenderBank, as the case may be, agrees to return the amount of any excess to the Borrower or other such Loan Party, as applicable Party (or to any other Person who that may be entitled thereto under applicable lawLaws).

Appears in 2 contracts

Sources: Term Loan Agreement (Parsons Corp), Credit Agreement (Parsons Corp)

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower and each other Loan Party in respect of any such sum due from it to the Administrative Agent or any Lender hereunder or under any other Loan Document shall, notwithstanding any judgment in a currency (the "Judgment Currency") other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the "Agreement Currency), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent or such Lender, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent or such Lender, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent or any Lender from the Borrower or any other Loan Party in the Agreement Currency, the Borrower and each other Loan Party agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent or such Lender, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent or any Lender in such currency, the Administrative Agent or such Lender, as the case may be, agrees to return the amount of any excess to the Borrower or other Loan Party, as applicable (or to any other Person who may be entitled thereto under applicable lawApplicable Law).

Appears in 1 contract

Sources: Credit Agreement (Remitly Global, Inc.)

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative applicable Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the each Borrower and each other Loan Party in respect of any such sum due from it to the Administrative applicable Agent or any Lender hereunder or under any the other Loan Document Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative applicable Agent or such Lender, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative applicable Agent or such Lender, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative applicable Agent or any Lender from the any Borrower or any other Loan Party in the Agreement Currency, the such Borrower and each other Loan Party agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative applicable Agent or such Lender, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative applicable Agent or any Lender in such currency, the Administrative applicable Agent or such Lender, as the case may be, agrees to return the amount of any excess to the such Borrower or other Loan Party, as applicable (or to any other Person who may be entitled thereto under applicable lawLaw).

Appears in 1 contract

Sources: Credit Agreement (MULTI COLOR Corp)

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the each Borrower and each other Loan Party in respect of any such sum due from it to the Administrative Agent or any Lender hereunder or under any other Loan Document shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent or such Lender, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent or such Lender, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent or any Lender from the any Borrower or any other Loan Party in the Agreement Currency, the such Borrower and each other such Loan Party agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent or such Lender, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent or any Lender in such currency, the Administrative Agent or such Lender, as the case may be, agrees to return the amount of any excess to the such Borrower or other Loan Party, as applicable (or to any other Person who may be entitled thereto under applicable law).

Appears in 1 contract

Sources: Credit Agreement (Teladoc, Inc.)

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower and each other Loan Account Party in respect of any such sum due from it to the Administrative Agent Agent, the Issuer or any Lender hereunder or under any the other Loan Document Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent Agent, the Issuer or such Lender, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent or such Lender, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent Agent, the Issuer or any Lender from the Borrower or any other Loan Account Party in the Agreement Currency, the Borrower and each other Loan Account Party agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent Agent, the Issuer or such Lender, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent Agent, the Issuer or any Lender in such currency, the Administrative Agent Agent, the Issuer or such Lender, as the case may be, agrees to return the amount of any excess to the Borrower or other Loan Party, as applicable Account Party (or to any other Person who may be entitled thereto under applicable law).

Appears in 1 contract

Sources: Reimbursement Agreement (PPL Corp)

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or under any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower and each other Loan Party in respect of any such sum due from it to the Administrative Agent or any Lender hereunder or under any the other Loan Document Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent or such Lender, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent or such Lender, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the USActive 57710049.13-117- amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent or any Lender from the Borrower or any other Loan Party in the Agreement Currency, the Borrower and each other Loan Party agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent or such Lender, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent or any Lender in such currency, the Administrative Agent or such Lender, as the case may be, agrees to return the amount of any excess to the Borrower or other Loan Party, as applicable (or to any other Person who may be entitled thereto under applicable lawApplicable Law).

Appears in 1 contract

Sources: Credit Agreement (Nuveen Churchill Private Capital Income Fund)

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower and each other Loan BorrowerCredit Party in respect of any such sum due from it to the Administrative Agent or any Lender hereunder or under any the other Loan Document Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent or such Lender, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent or such Lender, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent or any Lender from the Borrower or any other Loan BorrowerCredit Party in the Agreement Currency, the Borrower and each other Loan such BorrowerCredit Party agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent or such Lender, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent or any Lender in such currency, the Administrative Agent or such Lender, as the case may be, agrees to return the amount of any excess to the Borrower or other Loan Party, as applicable such BorrowerCredit Party (or to any other Person who may be entitled thereto under applicable law).

Appears in 1 contract

Sources: Credit Agreement (EnerSys)

Judgment Currency. (a) If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or in any other Loan Document in one currency (the “Original Currency”) into another currencycurrency (the “Other Currency”), the parties hereto agree, to the fullest extent permitted by law, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency Original Currency with such other currency the Other Currency at Citibank’s principal office in London at 11:00 A.M. (London Time) on the Business Day immediately preceding that the day on which final judgment any such judgment, or any relevant part thereof, is given. paid or otherwise satisfied. (b) The obligation obligations of the Borrower and each other any Loan Party in respect of any such sum due from it such Loan Party to the Administrative Agent or any Lender hereunder or under any other Loan Document shall, notwithstanding any judgment in a currency (the “Judgment such Other Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent or such Lender (including by the Administrative Agent on behalf of such Lender), as the case may beapplicable, of any sum adjudged to be so due in the Judgment Currency, Other Currency the Administrative Agent or such Lender, as the case may be, Lender may in accordance with normal banking procedures purchase the Agreement Original Currency with the Judgment Other Currency. If the amount of the Agreement Original Currency so purchased is less than the sum originally due to the Administrative Agent or any such Lender from the Borrower or any other Loan Party in the Agreement Original Currency, the Borrower and each other Loan Party agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent or and/or such Lender, as the case may be, Lender against such loss. If , and if the amount of the Agreement Original Currency so purchased is greater than exceeds the sum originally due to the Administrative Agent or any such Lender in such currencythe Original Currency, the Administrative Agent or such Lender, as the case may be, agrees to return the amount of any Lender shall remit such excess to the Borrower or other Loan Party, as applicable (or Party entitled to any other Person who may be entitled thereto under applicable law)such amount.

Appears in 1 contract

Sources: Credit Agreement (Sun Communities Inc)

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the each Borrower and each other Loan Party in respect of any such sum due from it to the Administrative Agent or any Lender hereunder or under any other Loan Document shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent or such Lender, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent or such Lender, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent or any Lender from the any Borrower or any other Loan Party in the Agreement Currency, the such Borrower and each other Loan Party agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent or such Lender, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent or any Lender in such currency, the Administrative Agent or such Lender, as the case may be, agrees to return the amount of any excess to the such Borrower or other Loan Party, as applicable (or to any other Person who may be entitled thereto under applicable law).. 2125320.12125320.11

Appears in 1 contract

Sources: Credit Agreement (Fitbit Inc)

Judgment Currency. (a) If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or in any other Loan Document in one currency (the “Original Currency”) into another currencycurrency (the “Other Currency”), the parties hereto agree, to the fullest extent permitted by law, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency Original Currency with such other currency the Other Currency at Citibank’s principal office in London at 11:00 a.m. (London Time) on the Business Day immediately preceding that the day on which final judgment any such judgment, or any relevant part thereof, is given. paid or otherwise satisfied. (b) The obligation obligations of the Borrower and each other any Loan Party in respect of any such sum due from it such Loan Party to the Administrative Agent or any Lender hereunder or under any other Loan Document shall, notwithstanding any judgment in a currency (the “Judgment such Other Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent or such Lender (including by the Administrative Agent on behalf of such Lender), as the case may beapplicable, of any sum adjudged to be so due in the Judgment Currency, Other Currency the Administrative Agent or such Lender, as the case may be, Lender may in accordance with normal banking procedures purchase the Agreement Original Currency with the Judgment Other Currency. If the amount of the Agreement Original Currency so purchased is less than the sum originally due to the Administrative Agent or any such Lender from the Borrower or any other Loan Party in the Agreement Original Currency, the Borrower and each other Loan Party agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent or and/or such Lender, as the case may be, Lender against such loss. If , and if the amount of the Agreement Original Currency so purchased is greater than exceeds the sum originally due to the Administrative Agent or any such Lender in such currencythe Original Currency, the Administrative Agent or such Lender, as the case may be, agrees to return the amount of any Lender shall remit such excess to the Borrower or other Loan Party, as applicable (or Party entitled to any other Person who may be entitled thereto under applicable law)such amount.

Appears in 1 contract

Sources: Credit Agreement (Sun Communities Inc)

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower and each other Loan Party in respect of any such sum due from it to the Administrative Agent or any Lender hereunder or under any other Loan Document shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent or such Lender, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent or such Lender, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent or any Lender from the Borrower or any other Loan Party in the Agreement Currency, the Borrower and each other Loan Party agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent or such Lender, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent or any Lender in such currency, the Administrative Agent or such Lender, as the case may be, agrees to return the amount of any excess to the Borrower or other Loan Party, as applicable (or to any other Person who may be entitled thereto under applicable law).

Appears in 1 contract

Sources: Credit Agreement (Ultra Clean Holdings Inc)

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary for any Guaranteed Party to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent such Guaranteed Party could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower and each other Loan Party Guarantor in respect of any such sum due from it to the Administrative Agent or any Lender such Guaranteed Party hereunder or under any the other Loan Document Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent or such Lender, as the case may be, Guaranteed Party of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent or such Lender, as the case may be, Guaranteed Party may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent or such Guaranteed Party from any Lender from the Borrower or any other Loan Party Guarantor in the Agreement Currency, the Borrower and each other Loan Party such Guarantor agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent or such Lender, as the case may be, Guaranteed Party against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent or any Lender such Guaranteed Party in such currency, the Administrative Agent or such Lender, as the case may be, Guaranteed Party agrees to return the amount of any excess to the Borrower or other Loan Party, as applicable such Guarantor (or to any other Person who may be entitled thereto under applicable lawApplicable Law).. 145543382_3

Appears in 1 contract

Sources: Credit Agreement (Envista Holdings Corp)

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower and each other Loan Party in respect of any such sum due from it to the Administrative Agent or any Lender hereunder or under any the other Loan Document Documents shall, notwithstanding any judgment in a currency (the "Judgment Currency") other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the "Agreement Currency"), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent or such Lender, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent or such Lender, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the LEGAL_US_W # 82509300.31 Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent or any Lender from the Borrower or any other Loan Party in the Agreement Currency, the Borrower and each other such Loan Party agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent or such Lender, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent or any Lender in such currency, the Administrative Agent or such Lender, as the case may be, agrees to return the amount of any excess to the Borrower or other such Loan Party, as applicable Party (or to any other Person who may be entitled thereto under applicable law).

Appears in 1 contract

Sources: Credit Agreement (Liberty Energy Inc.)

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the each Borrower and each other Loan Party in respect of any such sum due from it to the Administrative Agent or any Lender hereunder or under any other Loan Document shall, notwithstanding any judgment in a currency (the "Judgment Currency") other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the "Agreement Currency"), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent or such Lender, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent or such Lender, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent or any Lender from the any Borrower or any other Loan Party in the Agreement Currency, the such Borrower and each other Loan Party agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent or such Lender, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent or any Lender in such currency, the Administrative Agent or such Lender, as the case may be, agrees to return the amount of any excess to the such Borrower or other Loan Party, as applicable (or to any other Person who may be entitled thereto under applicable law).

Appears in 1 contract

Sources: Senior Secured Credit Facility (Perficient Inc)

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower and each other Loan Party Guarantor in respect of any such sum due from it to the Administrative Agent or any Lender Holder of Guaranteed Obligations hereunder or under any other Loan Document shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent or such LenderHolder of Guaranteed Obligation, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent or such LenderHolder of Guaranteed Obligation, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent or any Lender Holder of Guaranteed Obligations from the Borrower or any other Loan Party in the Agreement Currency, the Borrower and each other such Loan Party agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent or such Lender, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent or any Lender Holder of Guaranteed Obligations in such currency, the Administrative Agent or such LenderHolder of Guaranteed Obligations, as the case may be, agrees to return the amount of any excess to the Borrower or other such Loan Party, as applicable Party (or to any other Person who may be entitled thereto under applicable lawApplicable Law).

Appears in 1 contract

Sources: Guaranty (Robert Half Inc.)

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency Currency into another currencyCurrency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Domestic Administrative Agent could purchase the first currency Currency with such other currency Currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower and each other Loan Party Guarantor in respect of any such sum due from it to the Domestic Administrative Agent or any Lender the Lenders hereunder or under any the other Loan Document Documents shall, notwithstanding any judgment in a currency Table of Contents Currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement Guaranty (the “Agreement Currency”), to the extent permitted by law, be discharged only to the extent that on the Business Day following receipt by the Domestic Administrative Agent or such Lender, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Domestic Administrative Agent or such Lender, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Domestic Administrative Agent or from any Lender from the Borrower or any other Loan Party Guarantor in the Agreement Currency, the Borrower and each other Loan Party such Guarantor agrees, as a separate obligation and notwithstanding any such judgment, and, to the extent permitted by law, to indemnify the Domestic Administrative Agent or the Person to whom such Lender, as the case may be, obligation was owing against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Domestic Administrative Agent or any Lender in such currencyCurrency, the Domestic Administrative Agent or such Lender, as the case may be, agrees to return the amount of any excess to the Borrower or other Loan Party, as applicable such Guarantor (or to any other Person who may be entitled thereto under applicable law).

Appears in 1 contract

Sources: Credit Agreement (Mirion Technologies, Inc.)

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower and each other Loan Party in respect of any such sum due from it to the Administrative Agent or any Lender hereunder or under any the other Loan Document Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent or such Lender, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent or such Lender, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent or any Lender from the Borrower or any other Loan Party in the Agreement Currency, the Borrower and each other Loan Party agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent or such Lender, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent or any Lender in such currency, the Administrative Agent or such Lender, as the case may be, agrees to return the amount of any excess to the Borrower or other Loan Party, as applicable (or to any other Person who may be entitled thereto under applicable lawApplicable Law).

Appears in 1 contract

Sources: Credit Agreement (Reliance, Inc.)

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower and each other Loan Party in respect of any such sum due from it to the Administrative Agent or any Lender hereunder or under any the other Loan Document Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent or such Lender, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent or such Lender, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent or any Lender from the Borrower or any other Loan Party in the Agreement Currency, the Borrower and each other Loan Party agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent or such Lender, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent or any Lender in such currency, the Administrative Agent or such Lender, as the case may be, agrees to return the amount of any excess to the Borrower or other Loan Party, as applicable (or to any other Person who may be entitled thereto under applicable law).such

Appears in 1 contract

Sources: Credit Agreement (Team Inc)

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Credit Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower and each other Loan Party in respect of any such sum due from it to the Administrative Agent or any Lender Issuing Bank hereunder or under any the other Loan Document Credit Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent or such LenderIssuing Bank, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent or such LenderIssuing Bank, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent or any Lender Issuing Bank from the Borrower or any other Loan Party in the Agreement Currency, the such Borrower and each other Loan Party agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent or such LenderIssuing Bank, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent or any Lender Issuing Bank in such currencyCurrency, the Administrative Agent or such LenderIssuing Bank, as the case may be, agrees to return the amount of any excess to the applicable Borrower or other Loan Party, as applicable (or to any other Person who may be entitled thereto under applicable lawApplicable Law).

Appears in 1 contract

Sources: Standby Letter of Credit and Bank Guarantee Agreement (GE Vernova Inc.)

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower and each other Loan Party in respect of any such sum due from it to the Administrative Agent or any Lender hereunder or under any the other Loan Document Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent or such Lender, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent or such Lender, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent or any Lender from the Borrower or any other Loan Party in the Agreement Currency, the 56339040-2 108 49684497_9 Borrower and each other Loan Party agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent or such Lender, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent or any Lender in such currency, the Administrative Agent or such Lender, as the case may be, agrees to return the amount of any excess to the Borrower or other Loan Party, as applicable (or to any other Person who may be entitled thereto under applicable law).

Appears in 1 contract

Sources: Term Loan Agreement (Flextronics International Ltd.)

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower and each other Loan Party in respect of any such sum due from it to the Administrative Agent or any Lender hereunder or under any other Loan Document shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent or such Lender, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent or such Lender, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent or any Lender from the Borrower or any other Loan Party in the Agreement Currency, the Borrower and each other Loan Party agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent or such Lender, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent or any Lender in such currency, the Administrative Agent or sf-5589619 such Lender, as the case may be, agrees to return the amount of any excess to the Borrower or other Loan Party, as applicable (or to any other Person who may be entitled thereto under applicable law).

Appears in 1 contract

Sources: Credit Agreement (Sprout Social, Inc.)

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or under any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower and each other Loan Party in respect of any such sum due from it to the Administrative Agent or any Lender hereunder or under any the other Loan Document Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent or such Lender, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent or such Lender, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent or any Lender from the Borrower or any other Loan Party in the Agreement Currency, the Borrower and each other Loan Party agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent or such Lender, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent or any Lender in such currency, the Administrative Agent or such Lender, as the case may be, agrees to return the amount of any excess to the Borrower or such other Loan Party, as applicable Party (or to any other Person who may be entitled thereto under applicable law).. All of the Borrower’s and each other Loan Party’s obligations under this Section 10.19 shall survive termination of the Aggregate Revolving Commitments and repayment of all other Obligations hereunder. 10.20

Appears in 1 contract

Sources: Credit Agreement (Healthpeak Properties, Inc.)

Judgment Currency. (a) If, for the purposes of obtaining judgment in any court, it is necessary to convert a any sum due hereunder due, or owing under any Loan Document to the Administrative Agent or any other Loan Document one or more of the Lenders in one any currency (the "Original Currency") into another currencycurrency (the "Other Currency"), the parties signatory hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which which, in accordance with normal banking procedures procedures, the Administrative Agent could purchase the first currency Original Currency with such other currency the Other Currency on the Business Day preceding that on which the final judgment is given. granted. (b) The obligation Obligations of the Borrower and each other Loan Party any Affiliate Guarantor in respect of any such sum due in the Original Currency from it to the Administrative Agent or any Lender hereunder one or more of the Lenders under any other of the Loan Document Documents shall, notwithstanding any judgment in a currency (the “Judgment any Other Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent or such Lender, as the case may be, of any sum such adjudged to be so due or owing in the Judgment such Other Currency, the Administrative Agent or such Lender, as the case may be, may in accordance with normal banking procedures purchase the Agreement Original Currency with the Judgment such Other Currency. If the amount of the Agreement Original Currency so purchased is less than the sum originally due or owing to the Administrative 8 Agent or any Lender from one or more of the Borrower or any other Loan Party Lenders in the Agreement Original Currency, the Borrower and each other Loan Party agreessuch Affiliate Guarantor shall, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent or such Lender, as the case may be, Lender(s) against such loss. If , and if the amount of the Agreement Original Currency so purchased is greater than exceeds the sum originally due or owing to the Administrative Agent or any Lender such Lender(s) in such currencythe Original Currency, the Administrative Agent or such Lender, as the case may be, agrees to return the amount of any Lender(s) shall remit such excess to the Borrower or other Loan Party, as applicable (or to any other Person who may be entitled thereto under applicable law)such Affiliate Guarantor.

Appears in 1 contract

Sources: Affiliate Guaranty (Pci Carolina Inc)

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one (1) currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower and each other Loan Party in respect of any such sum due from it to the Administrative Agent or any Lender hereunder or under any the other Loan Document Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Credit Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent or such Lender, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent or such Lender, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent or any Lender from the Borrower or any other Loan Party in the Agreement Currency, the Borrower and each other such Loan Party agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent or such Lender, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent or any Lender in such currency, the Administrative Agent or such Lender, as the case may be, agrees to return the amount of any excess to the Borrower or other such Loan Party, as applicable Party (or to any other Person who may be entitled thereto under applicable lawLaw).

Appears in 1 contract

Sources: Restatement Agreement (Innovative Industrial Properties Inc)

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the each Borrower and each other Loan Party in respect of any such sum due from it to the Administrative Agent or any Lender Party hereunder or under any the other Loan Document Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent or such LenderLender Party, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent or such LenderLender Party, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent or any Lender Party from the any Borrower or any other Loan Party in the Agreement Currency, the such Borrower and each other Loan Party agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent or such LenderLender Party, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent or any Lender Party in such currency, the Administrative Agent or such LenderLender Party, as the case may be, agrees to return the amount of any excess to the such Borrower or other Loan Party, as applicable Party (or to any other Person who may be entitled thereto under applicable lawApplicable Law).

Appears in 1 contract

Sources: Credit Agreement (KMG Chemicals Inc)

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or pursuant to any of the other Loan Document Credit Documents in one currency into another currency, the rate of exchange used shall be that the rate at which which, in accordance with normal banking procedures procedures, the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower and each other Loan Credit Party in respect of any such sum due from it to the Administrative Agent or any Lender Lenders hereunder or under any of the other Loan Document Credit Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement or the other Credit Document (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent or such Lenderthe Lenders, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent or such Lenderthe Lenders, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to Administrative or the Administrative Agent or Lenders, as the case may be, from any Lender from the Borrower or any other Loan Credit Party in the Agreement Currency, the Borrower and each other such Loan Party agreesagrees and shall be required, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent or such Lender, as and the case may be, Lenders against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent or any Lender in such currency, the Administrative Agent or such Lender, as the case may be, agrees to return the amount of any excess to the Borrower or other Loan Party, as applicable (or to any other Person who may be entitled thereto under applicable law).

Appears in 1 contract

Sources: Credit and Guaranty Agreement (Electra Battery Materials Corp)

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower and each other Loan Party or the Parent in respect of any such sum due from it to the Administrative Agent, the Collateral Agent or any Lender hereunder or under any the other Loan Document Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, the Collateral Agent or such Lender, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent, the Collateral Agent or such Lender, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative relevant Agent or any Lender from the Borrower or any other each Loan Party or the Parent in the Agreement Currency, the Borrower and each other Loan Party and the Parent agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative such Agent or such Lender, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent or any Lender in such currency, the Administrative Agent or such Lender, as the case may be, agrees to return the amount of any excess to the Borrower or other Loan Party, as applicable (or to any other Person who may be entitled thereto under applicable law).

Appears in 1 contract

Sources: Credit and Guaranty Agreement (Gran Tierra Energy Inc.)

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate sf-3193689 of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the each Borrower and each other Loan Party in respect of any such sum due from it to the Administrative Agent or any Lender hereunder or under any other Loan Document shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent or such Lender, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent or such Lender, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent or any Lender from the any Borrower or any other Loan Party in the Agreement Currency, the such Borrower and each other Loan Party agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent or such Lender, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent or any Lender in such currency, the Administrative Agent or such Lender, as the case may be, agrees to return the amount of any excess to the such Borrower or other Loan Party, as applicable (or to any other Person who may be entitled thereto under applicable law).

Appears in 1 contract

Sources: Credit Agreement (Mattson Technology Inc)

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Applicable Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the any Borrower and each other Loan Party in respect of any such sum due from it to the Applicable Administrative Agent or any Lender hereunder or under any the other Loan Document Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Applicable Administrative Agent or such Lender, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Applicable Administrative Agent or such Lender, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Applicable Administrative Agent or any Lender from the any Borrower or any other Loan Party in the Agreement Currency, the each Borrower and each other Loan Party agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Applicable Administrative Agent or such Lender, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent or any Lender in such currency, the Administrative Agent or such Lender, as the case may be, agrees to return the amount of any excess to the Borrower or other Loan Party, as applicable (or to any other Person who may be entitled thereto under applicable law).

Appears in 1 contract

Sources: Credit Agreement (Acco Brands Corp)

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Multicurrency Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the each Borrower and each other Loan Party in respect of any such sum due from it to the Multicurrency Administrative Agent or any Lender the Lenders hereunder or under any the other Loan Document Documents shall, notwithstanding any judgment 213 [Published CUSIP Number: ___] in a currency (the "Judgment Currency") other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the "Agreement Currency"), be discharged only to the extent that on the Business Day following receipt by the Multicurrency Administrative Agent or such Lender, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Multicurrency Administrative Agent or such Lender, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Multicurrency Administrative Agent or from any Lender from the Borrower or any other Loan Party in the Agreement Currency, the such Borrower and each other Loan Party agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Multicurrency Administrative Agent or the Person to whom such Lender, as the case may be, obligation was owing against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Multicurrency Administrative Agent or any Lender in such currency, the Multicurrency Administrative Agent or such Lender, as the case may be, agrees to return the amount of any excess to the such Borrower or other Loan Party, as applicable (or to any other Person who may be entitled thereto under applicable law).

Appears in 1 contract

Sources: Credit Agreement (Invacare Corp)

Judgment Currency. If, for the purposes of obtaining judgment in any courtcourt or in respect of any tender made by any Credit Party, it is necessary to convert a sum due hereunder or under any other Loan Credit Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is givengiven or such tender is made. The obligation of the Borrower and each other Loan any Credit Party in respect of any such sum due from it to the Administrative Agent or any Lender hereunder or under any the other Loan Document Credit Documents shall, notwithstanding any tender or judgment in a currency (the "Judgment Currency") other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the "Agreement Currency"), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent or such Lender, as the case may be, Lender of any sum received or adjudged to be so due in the Judgment Currency, the Administrative Agent or such Lender, as the case may be, Lender may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent or any such Lender from the Borrower or any other Loan Party in the Agreement Currency, the Borrower and each other Loan applicable Credit Party agrees, as a separate obligation and notwithstanding any such judgmentjudgment or tender, to indemnify the Administrative Agent or such Lender, as Lender or the case may be, Person to whom such obligation was owing against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent or any such Lender in such currency, the Administrative Agent or such Lender, as the case may be, Lender agrees to return the amount of any excess to the Borrower or other Loan Party, as applicable Credit Party (or to any other Person who may be entitled thereto under applicable law).

Appears in 1 contract

Sources: Credit Agreement (Ipc Holdings LTD)

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or under any other Loan Guarantor Document to which Guarantor is a party, in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent Lender could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower and each other Loan Party Guarantor in respect of any such sum due from it to the Administrative Agent or any Lender hereunder or under any the other Loan Document Guarantor Documents to which Guarantor is a party shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement Guaranty (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent or such Lender, as the case may be, Lender of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent or such Lender, as the case may be, Lender may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent or any Lender Lender, as applicable, from the Borrower or any other Loan Party Guarantor in the Agreement Currency, the Borrower and each other Loan Party Guarantor agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent or such Lender, as applicable, or the case may be, Person to whom such obligation was owing against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent or any Lender Lender, as applicable, in such currency, the Administrative Agent or such Lender, as the case may be, Lender agrees to return the amount of any excess to the Borrower or other Loan Party, as applicable Guarantor (or to any other Person who may be entitled thereto under applicable lawlaws).

Appears in 1 contract

Sources: Continuing Guaranty (Elandia International Inc.)

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or under any other Loan Credit Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower and each other Loan Credit Party in respect of any such sum due from it to the Administrative Agent any Agent, any Issuing Lender or any Lender hereunder or under any the other Loan Document Credit Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent such Agent, such Issuing Lender or such Lender, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent such Agent, such Issuing Lender or such Lender, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent such Agent, such Issuing Lender or any such Lender from the Borrower or any other Loan Credit Party in the Agreement Currency, the Borrower and each other Loan such Credit Party agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent or Person to whom such Lender, as the case may be, obligation was owing against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent such Agent, such Issuing Lender or any such Lender in such currency, the Administrative Agent such Agent, such Issuing Lender or such Lender, as the case may be, agrees to return the amount of any excess to the Borrower or other Loan Party, as applicable such Credit Party (or to any other Person who may be entitled thereto under applicable law).

Appears in 1 contract

Sources: Abl Credit Agreement (Mobile Mini Inc)

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent Lender could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower and each other Loan Party Company in respect of any such sum due from it to the Administrative Agent or any Lender hereunder or under any the other Loan Document Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent or such Lender, as the case may be, Lender of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent or such Lender, as the case may be, Lender may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent or any Lender from the Borrower or any other Loan Party Company in the Agreement Currency, the Borrower and each other Loan Party Company agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent or such Lender, as the case may be, Lender against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent or any Lender in such currency, the Administrative Agent or such Lender, as the case may be, Lender agrees to return the amount of any excess to the Borrower or other Loan Party, as applicable Company (or to any other Person who may be entitled thereto under applicable law).. 1945963.02-NYCSR07A - MSW

Appears in 1 contract

Sources: Credit Agreement (Blue Capital Reinsurance Holdings Ltd.)

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower and each other Loan Party Guarantor in respect of any such sum due from it to the Administrative Agent or any Lender hereunder or under any the other Loan Document Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent or such Lender, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent or such Lender, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent or any Lender from the Borrower or any other Loan Party Guarantor in the Agreement Currency, the Borrower and each other Loan Party Guarantor agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent or such Lender, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent or any Lender in such currency, the Administrative Agent or such Lender, as the case may be, agrees to return the amount of any excess to such the Borrower or other Loan Party, as applicable such Guarantor (or to any other Person who may be entitled thereto under applicable law). This Agreement is entered into between us for the uses and purposes hereinabove set forth as of the date first above written. CTS CORPORATION, an Indiana corporation By /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Title: Chief Financial Office and Vice President CTS CORPORATION, a Delaware corporation By /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Title: Vice President and Treasurer CTS ELECTRONICS COMPONENTS, INC. By /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Title Treasurer CTS AUTOMOTIVE HOLDINGS, L.L.C. By /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Title Treasurer BMO ▇▇▇▇▇▇ BANK N.A., in its individual capacity as a Lender, as L/C Issuer, and as Administrative Agent By /s/ ▇.▇. Junior Del ▇▇▇▇▇▇ Name: ▇.▇. Junior Del ▇▇▇▇▇▇ Title Director BANK OF AMERICA, N.A. By /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇ Title: AVP PNC BANK, NATIONAL ASSOCIATION By /s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Title Senior Vice President ▇▇▇▇▇ FARGO, N.A. By /s/ ▇▇▇▇▇ ▇’▇▇▇▇ Name: ▇▇▇▇▇ ▇’▇▇▇▇ Title Senior Vice President THE NORTHERN TRUST COMPANY By /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Title Vice President [Name of Lender] [Address] Attention: Reference is made to the Credit Agreement, dated as of August 10, 2015, among CTS Corporation, the Guarantors party thereto, the Lenders party thereto, and BMO ▇▇▇▇▇▇ Bank N.A., as Administrative Agent (as extended, renewed, amended or restated from time to time, the “Credit Agreement”). Capitalized terms used herein and not defined herein have the meanings assigned to them in the Credit Agreement. [The Borrower has failed to pay its Reimbursement Obligation in the amount of $ . Your Revolver Percentage multiplied by the unpaid Reimbursement Obligation is $ ] or [ has been required to return a payment by the Borrower of a Reimbursement Obligation in the amount of $ . Your Revolver Percentage multiplied by the returned Reimbursement Obligation is $ .] Very truly yours, , as L/C Issuer By Name Title To: BMO ▇▇▇▇▇▇ Bank N.A., as Administrative Agent for the Lenders parties to the Credit Agreement dated as of August 10, 2015 (as extended, renewed, amended or restated from time to time, the “Credit Agreement”), among CTS Corporation, certain signatories which are Guarantors thereto, certain Lenders which are signatories thereto, and BMO ▇▇▇▇▇▇ Bank N.A., as Administrative Agent Ladies and Gentlemen: The undersigned, CTS Corporation (the “Borrower”), refers to the Credit Agreement, the terms defined therein being used herein as therein defined, and hereby gives you notice irrevocably, pursuant to Section 1.5 of the Credit Agreement, of the Borrowing specified below: 1. The Business Day of the proposed Borrowing is , . 2. The aggregate amount of the proposed Borrowing is $ . 3. The Borrowing is to be comprised of $ of [Base Rate] [Eurocurrency] Loans. 4. The currency of such Loan is: . 5. [If applicable:] The duration of the Interest Period for the Eurocurrency Loans included in the Borrowing shall be months. The undersigned hereby certifies that the following statements are true on the date hereof, and will be true on the date of the proposed Borrowing, before and after giving effect thereto and to the application of the proceeds therefrom: (a) the representations and warranties of the Borrower contained in Section 6 of the Credit Agreement are true and correct as though made on and as of such date (except to the extent such representations and warranties relate to an earlier date, in which case they are true and correct as of such date); and (b) no Default or Event of Default has occurred and is continuing or would result from such proposed Borrowing. CTS CORPORATION By Name Title To: BMO ▇▇▇▇▇▇ Bank N.A., as Administrative Agent for the Lenders parties to the Credit Agreement dated as of August 10, 2015 (as extended, renewed, amended or restated from time to time, the “Credit Agreement”) among CTS Corporation, certain Guarantors which are signatories thereto, certain Lenders which are signatories thereto, and ▇▇▇▇▇▇ ▇.▇., as Administrative Agent Ladies and Gentlemen: The undersigned, CTS Corporation (the “Borrower”), refers to the Credit Agreement, the terms defined therein being used herein as therein defined, and hereby gives you notice irrevocably, pursuant to Section 1.5 of the Credit Agreement, of the [conversion] [continuation] of the Loans specified herein, that: 1. The conversion/continuation Date is , . 2. The aggregate amount of the Loans to be [converted] [continued] is $ . 3. The Loans are to be [converted into] [continued as] [Eurocurrency] [Base Rate] Loans. 4. [If applicable:] The duration of the Interest Period for the Loans included in the [conversion] [continuation] shall be months. The undersigned hereby certifies that the following statements are true on the date hereof, and will be true on the proposed conversion/continuation date, before and after giving effect to the proposed conversion/continuation and to the application of the proceeds therefrom: (a) the representations and warranties of the Borrower contained in Section 6 of the Credit Agreement are true and correct as though made on and as of such date (except to the extent such representations and warranties relate to an earlier date, in which case they are true and correct as of such date); provided, however, that this condition shall not apply to the conversion of an outstanding Eurocurrency Loan to a Base Rate Loan; and (b) no Default or Event of Default has occurred and is continuing, or would result from such proposed [conversion] [continuation]. CTS CORPORATION By Name Title FOR VALUE RECEIVED, the undersigned, CTS Corporation, an Indiana corporation (the “Borrower”), hereby promises to pay to the order of (the “Lender”) or its registered assigns on the Revolving Credit Termination Date of the hereinafter defined Credit Agreement, at the principal office of BMO ▇▇▇▇▇▇ Bank N.A., as Administrative Agent, in Chicago, Illinois, in immediately available funds, the aggregate unpaid principal amount of all Revolving Loans made by the Lender to the Borrower pursuant to the Credit Agreement, together with interest on the principal amount of each Revolving Loan from time to time outstanding hereunder at the rates, and payable in the manner and on the dates, specified in the Credit Agreement. This Note is one of the Revolving Notes referred to in the Credit Agreement dated as of August 10, 2015, among the Borrower, the Guarantors party thereto, BMO ▇▇▇▇▇▇ Bank N.A., as Administrative Agent and the Lenders party thereto (as extended, renewed, amended or restated from time to time, the “Credit Agreement”), and this Note and the holder hereof are entitled to all the benefits and security provided for thereby to which Credit Agreement reference is hereby made for a statement thereof. All defined terms used in this Note, except terms otherwise defined herein, shall have the same meaning as in the Credit Agreement. This Note shall be governed by and construed in accordance with the internal laws of the State of Illinois. Voluntary prepayments may be made hereon, certain prepayments are required to be made hereon, and this Note may be declared due prior to the expressed maturity hereof, all in the events, on the terms and in the manner as provided for in the Credit Agreement. The Borrower hereby waives demand, presentment, protest or notice of any kind hereunder. CTS CORPORATION By Name Title FOR VALUE RECEIVED, the undersigned, CTS Corporation, a Indiana corporation (the “Borrower”), hereby promises to pay to the order of (the “Lender”) or its registered assigns on the Revolving Credit Termination Date of the hereinafter defined Credit Agreement, at the principal office of BMO ▇▇▇▇▇▇ Bank N.A., as Administrative Agent, in Chicago, Illinois, in immediately available funds, the aggregate unpaid principal amount of all Swing Loans made by the Lender to the Borrower pursuant to the Credit Agreement, together with interest on the principal amount of each Swing Loan from time to time outstanding hereunder at the rates, and payable in the manner and on the dates, specified in the Credit Agreement. This Note is the Swing Note referred to in the Credit Agreement dated as of August 10, 2015, among the Borrower, the Guarantors party thereto, the Lenders party thereto, and BMO ▇▇▇▇▇▇ Bank N.A., as Administrative Agent for the Lenders (as extended, renewed, amended or restated from time to time, the “Credit Agreement”), and this Note and the holder hereof are entitled to all the benefits and security provided for thereby or referred to therein, to which Credit Agreement reference is hereby made for a statement thereof. All defined terms used in this Note, except terms otherwise defined herein, shall have the same meaning as in the Credit Agreement. This Note shall be governed by and construed in accordance with the internal laws of the State of Illinois. Voluntary prepayments may be made hereon, certain prepayments are required to be made hereon, and this Note may be declared due prior to the expressed maturity hereof, all in the events, on the terms and in the manner as provided for in the Credit Agreement. The Borrower hereby waives demand, presentment, protest or notice of any kind hereunder. CTS CORPORATION By Name Title BMO ▇▇▇▇▇▇ Bank N.A., as Administrative Agent (the “Administrative Agent”) for the Banks referred to below ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: Agency Services Re: Credit Agreement dated as of August 10, 2015 (as extended, renewed, amended or restated from time to time, the “Credit Agreement”) among CTS Corporation, the Guarantors party thereto, the Lenders party thereto and the Administrative Agent Ladies and Gentlemen: In accordance with the Credit Agreement, the Borrower hereby requests that the Administrative Agent consent to an increase in the aggregate Revolving Credit Commitments (the “Commitment Amount Increase”), in accordance with Section 1.15 of the Credit Agreement, to be effected by [an increase in the Revolving Credit Commitment of [name of existing Lender] [the addition of [name of new Lender] (the “New Lender”) as a Lender under the terms of the Credit Agreement]. Capitalized terms used herein without definition shall have the same meanings herein as such terms have in the Credit Agreement. After giving effect to such Commitment Amount Increase, the Revolving Credit Commitment of the [Lender] [New Lender] shall be $ . 1. The New Lender hereby confirms that it has received a copy of the Loan Documents and the exhibits related thereto, together with copies of the documents which were required to be delivered under the Credit Agreement as a condition to the making of the Loans and other extensions of credit thereunder. The New Lender acknowledges and agrees that it has made and will continue to make, independently and without reliance upon the Administrative Agent or any other Lender and based on such documents and information as it has deemed appropriate, its own credit analysis and decisions relating to the Credit Agreement. The New Lender further acknowledges and agrees that the Administrative Agent has not made any representations or warranties about the credit worthiness of the Borrower or any other party to the Credit Agreement or any other Loan Document or with respect to the legality, validity, sufficiency or enforceability of the Credit Agreement or any other Loan Document or the value of any security therefor. 2. Except as otherwise provided in the Credit Agreement, effective as of the date of acceptance hereof by the Administrative Agent, the New Lender (i) shall be deemed automatically to have become a party to the Credit Agreement and have all the rights and obligations of a “Lender” under the Credit Agreement as if it were an original signatory thereto and (ii) agrees to be bound by the terms and conditions set forth in the Credit Agreement as if it were an original signatory thereto. 3. The New Lender hereby advises you of the following administrative details with respect to its Loans and Revolving Credit Commitments: (A) Notices: Institution Name: Address: Telephone: Facsimile: (B) Payment Instructions:

Appears in 1 contract

Sources: Credit Agreement (CTS Corp)

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the each Borrower and each other Loan Party in respect of any such sum due from it to the Administrative Agent or any Lender hereunder or under any the other Loan Document Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to 4857-0343-40294880-4767-9669 v.93 the extent that on the Business Day following receipt by the Administrative Agent or such Lender, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent or such Lender, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent or any Lender from the any Borrower or any other Loan Party in the Agreement Currency, the such Borrower and each other Loan Party agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent or such Lender, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent or any Lender in such currency, the Administrative Agent or such Lender, as the case may be, agrees to return the amount of any excess to the such Borrower or other Loan Party, as applicable (or to any other Person who may be entitled thereto under applicable law).

Appears in 1 contract

Sources: Corra Transition Amendment (Global Payments Inc)

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent Lender could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower and each other Loan Party in respect of any such sum due from it to the Administrative Agent or any Lender hereunder or under any the other Loan Document Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent or such Lender, as the case may be, Lender of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent or such Lender, as the case may be, Lender may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent or any Lender from the Borrower or any other applicable Loan Party in the Agreement Currency, the Borrower and each other such Loan Party agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent or such Lender, as the case may be, Lender against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent or any Lender in such currency, the Administrative Agent or such Lender, as the case may be, Lender agrees to return the amount of any excess to the Borrower or other applicable Loan Party, as applicable Party (or to any other Person who may be entitled thereto under applicable law). None. I. Company: Endurance Specialty Holdings Ltd. ▇▇▇ ▇▇▇▇▇ ▇▇▇ Road Pembroke, Bermuda HM 08 Fax No.: (▇▇▇) ▇▇▇-▇▇▇▇ Telephone No.: (▇▇▇) ▇▇▇-▇▇▇▇ II. Barclays Bank PLC III. Lender:

Appears in 1 contract

Sources: Credit Agreement (Montpelier Re Holdings LTD)

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower and each other Loan Party in respect of any such sum 153 due from it to the Administrative Agent or any Lender hereunder or under any other Loan Document shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent or such Lender, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent or such Lender, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent or any Lender from the Borrower or any other Loan Party in the Agreement Currency, the Borrower and each other Loan Party agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent or such Lender, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent or any Lender in such currency, the Administrative Agent or such Lender, as the case may be, agrees to return the amount of any excess to the Borrower or other Loan Party, as applicable (or to any other Person who may be entitled thereto under applicable law).

Appears in 1 contract

Sources: Credit Agreement (Accuray Inc)

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary for any Lender Party to convert a sum due hereunder or under any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent such Lender Party could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the each Borrower and each other Loan Party in respect of any such sum due from it to the Administrative Agent or any such Lender Party hereunder or under any the other Loan Document Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent or such Lender, as the case may be, Lender Party of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent or such Lender, as the case may be, Lender Party may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent or such Lender Party from any Lender from the Borrower or any other Loan Party in the Agreement Currency, the such Borrower and each other Loan Party agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent or such Lender, as the case may be, Lender Party against such loss. If the amount of the Agreement Currency so purchased is greater than (a) the sum originally due to the Administrative Agent or any such Lender Party in such currencycurrency and (b) any amounts shared with other Lender Parties as a result of allocations of such excess as a disproportionate payment to such Lender Party under Section 2.12, the Administrative Agent or such Lender, as the case may be, Lender Party agrees to return the amount of any excess to the such Borrower or other Loan Party, as applicable (or to any other Person who may be entitled thereto under applicable law).

Appears in 1 contract

Sources: Credit Agreement (Grainger W W Inc)

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the each Borrower and each other Loan Party in respect of any such sum due from it to the Administrative Agent or any Lender hereunder or under any other Loan Document shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent or such Lender, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent or such Lender, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent or any Lender from the any Borrower or any other Loan Party in the Agreement Currency, the such Borrower and each other Loan Party agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent or such Lender, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent or any Lender in such currency, the Administrative Agent or such Lender, as the case may be, agrees to return the amount of any excess to the Borrower or other Loan Party, as applicable (or to any other Person who may be entitled thereto under applicable law).113

Appears in 1 contract

Sources: Eighth Amendment Agreement (Benefitfocus,Inc.)

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower and each other Loan Party Borrowers in respect of any such sum due from it to the Administrative Agent or any Lender the L/C Issuer hereunder or under any the other Loan Document Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent or such Lenderthe L/C Issuer, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent or such Lenderthe L/C Issuer, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative 70290124_9 Agent or any Lender the L/C Issuer from the Borrower or any other Loan Party Borrowers in the Agreement Currency, the each Borrower and each other Loan Party agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent or such Lenderthe L/C Issuer, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent or any Lender the L/C Issuer in such currency, the Administrative Agent or such Lenderthe L/C Issuer, as the case may be, agrees to return the amount of any excess to the Borrower or other Loan Party, as applicable Borrowers (or to any other Person who may be entitled thereto under applicable law).

Appears in 1 contract

Sources: Credit Agreement (Granite Construction Inc)

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower and each other Loan Party BorrowerBorrowers in respect of any such sum due from it to the Administrative Agent or any Lender hereunder or under any the other Loan Document Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent or such Lender, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent or such Lender, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent or any Lender from the Borrower or any other Loan Party BorrowerBorrowers in the Agreement Currency, the Borrower and each other Loan Party agreesagreesBorrowers agree, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent or such Lender, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent or any Lender in such currencyCurrency, the Administrative Agent or such Lender, as the case may be, agrees to return the amount of any excess to the Borrower or other Loan Party, as applicable BorrowerBorrowers (or to any other Person who may be entitled thereto under applicable Applicable law).

Appears in 1 contract

Sources: Credit Agreement (FrontView REIT, Inc.)

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day CHAR1\1982698v3 preceding that on which final judgment is given. The obligation of the Borrower and each other Loan Party in respect of any such sum due from it to the Administrative Agent or any Lender hereunder or under any the other Loan Document Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent or such Lender, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent or such Lender, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent or any Lender from the Borrower or any other Loan Party in the Agreement Currency, the Borrower and each other such Loan Party agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent or such Lender, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent or any Lender in such currency, the Administrative Agent or such Lender, as the case may be, agrees to return the amount of any excess to the Borrower or other such Loan Party, as applicable Party (or to any other Person who may be entitled thereto under applicable law).

Appears in 1 contract

Sources: Credit Agreement (Celestica Inc)

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the each Borrower and each other Loan Party Guarantor in respect of any such sum due from it to the Administrative Agent or any Lender hereunder or under any the other Loan Document Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent or such Lender, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent or such Lender, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent or any Lender from the a Borrower or any other Loan Party Guarantor in the Agreement Currency, the each Borrower and each other Loan Party Guarantor agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent or such Lender, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent or any Lender in such currency, the Administrative Agent or such Lender, as the case may be, agrees to return the amount of any excess to the such Borrower or other Loan Party, as applicable such Guarantor (or to any other Person who may be entitled thereto under applicable law).

Appears in 1 contract

Sources: Credit Agreement (CTS Corp)

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent Administrator could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower and each other Loan Party in respect of any such sum due from it to the Administrative Agent Administrator or any Lender hereunder or under any the other Loan Document Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent Administrator or such Lender, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent Administrator or such Lender, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent Administrator or any Lender from the Borrower or any other Loan Party in the Agreement Currency, the Borrower and each other Loan Party agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent Administrator or such Lender, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent Administrator or any Lender in such currency, the Administrative Agent Administrator or such Lender, as the case may be, agrees to return the amount of any excess to the Borrower or other Loan Party, as applicable (or to any other Person who may be entitled thereto under applicable law).

Appears in 1 contract

Sources: Term Loan Credit Agreement (Kaman Corp)

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary for any Lender Party to convert a sum due hereunder or under any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent such Lender Party could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the each Borrower and each other Loan Party in respect of any such sum due from it to the Administrative Agent or any such Lender Party hereunder or under any the other Loan Document Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent or such Lender, as the case may be, Lender Party of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent or such Lender, as the case may be, Lender Party may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent or such Lender Party from any Lender from the Borrower or any other Loan Party in the Agreement Currency, the such Borrower and each other Loan Party agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent or such Lender, as the case may be, Lender Party against such loss. If the amount of the Agreement Currency so purchased is greater than (a) the sum originally due to the Administrative Agent or any such Lender Party in such currencycurrency and (b) any amounts shared with other Lender Parties as a result of allocations of such excess as a disproportionate payment to such Lender Party under Section 2.12, the Administrative Agent or such Lender, as the case may be, Lender Party agrees to return the amount of any excess to the such Borrower or other Loan Party, as applicable (or to any other Person who may be entitled thereto under applicable lawLaw).

Appears in 1 contract

Sources: Credit Agreement (W.W. Grainger, Inc.)

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or under any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the any Borrower and each other Loan Party in respect of any such sum due from it to the Administrative Agent or any Lender hereunder or under any the 103 other Loan Document Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”"JUDGMENT CURRENCY") other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”"AGREEMENT CURRENCY"), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent or such Lender, as the case may be, Lender of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent or such Lender, as the case may be, Lender may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent or any such Lender from the Borrower or any other Loan Party in the Agreement Currency, the Borrower Borrowers jointly and each other Loan Party agreesseverally agree, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent or such Lender, as Lender or the case may be, Person to whom such obligation was owing against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent or any such Lender in such currency, the Administrative Agent or such Lender, as the case may be, Lender agrees to return the amount of any excess to the Borrower or other Loan Party, as applicable Borrowers (or to any other Person who may be entitled thereto under applicable law).

Appears in 1 contract

Sources: Credit Agreement (Equifax Inc)

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of each of the Borrower and each other Loan Party the Guarantor in respect of any such sum due from it to the Administrative Agent or any Lender Party hereunder or under any the other Loan Document Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent or such Lender, as the case may be, Lender Party of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent or such Lender, as the case may be, Lender Party may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent or any Lender Party from the Borrower or any other a Loan Party in the Agreement Currency, the Borrower and each other such Loan Party agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent or such Lender, as the case may be, Lender Party against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent or any Lender Party in such currency, the Administrative Agent or such Lender, as the case may be, Lender Party agrees to return the amount of any excess to the Borrower or other Loan Party, as applicable (or to any other Person who may be entitled thereto under applicable law).

Appears in 1 contract

Sources: Credit Agreement (Discovery Communications, Inc.)

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent Bank could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower and each other Loan Party in respect of any such sum due from it to the Administrative Agent or any Lender Bank hereunder or under any the other Loan Document Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent or such Lender, as the case may be, Bank of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent or such Lender, as the case may be, Bank may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent or any Lender Bank from the Borrower or any other Loan Party in the Agreement Currency, the Borrower and each other Loan Party agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent or such Lender, as the case may be, bank against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent or any Lender Bank in such currency, the Administrative Agent or such Lender, as the case may be, Bank agrees to return the amount of any excess to the Borrower or other Loan Party, as applicable (or to any other Person who may be entitled thereto under applicable law). g. “Schedule 1.1” attached to this Amendment is hereby added to and incorporated in the Loan Agreement as a Schedule thereto.

Appears in 1 contract

Sources: Loan Agreement (Neogen Corp)

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent Administrator could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the each Borrower and each other Loan Party in respect of any such sum due from it to the Administrative Agent Administrator or any Lender hereunder or under any the other Loan Document Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent Administrator or such Lender, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent Administrator or such Lender, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent Administrator or any Lender from the any Borrower or any other Loan Party in the Agreement Currency, the such Borrower and each other Loan Party agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent Administrator or such Lender, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent Administrator or any Lender in such currency, the Administrative Agent Administrator or such Lender, as the case may be, agrees to return the amount of any excess to the such Borrower or other Loan Party, as applicable (or to any other Person who may be entitled thereto under applicable law).

Appears in 1 contract

Sources: Revolving Credit Agreement (Kaman Corp)