Judgment Currency. (a) If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder in one currency into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given. (b) The obligations of the Borrower in respect of any sum due to any party hereto or any holder of any obligation owing hereunder (the “Applicable Creditor”) shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than the currency in which such sum is stated to be due hereunder (the “Agreement Currency”), be discharged only to the extent that, on the Business Day following receipt by the Applicable Creditor of any sum adjudged to be so due in the Judgment Currency, the Applicable Creditor may in accordance with normal banking procedures in the relevant jurisdiction 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 Creditor in the Agreement Currency, the Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Applicable Creditor against such loss. The obligations of the Borrower under this Section shall survive the termination of this Agreement and the payment of all other amounts owing hereunder.
Appears in 57 contracts
Samples: Credit Agreement (Vacasa, Inc.), Credit Agreement (Koppers Holdings Inc.), Credit Agreement (Vacasa, Inc.)
Judgment Currency. (a) If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder in one currency into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.
(b) The obligations of the Borrower Guarantor in respect of any sum due to the Administrative Agent or any party hereto Lender hereunder or any holder of any obligation the obligations owing hereunder (the “Applicable Creditor”) shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than the currency in which such sum is stated to be due hereunder (the “Agreement Currency”), be discharged only to the extent that, on the Business Day following receipt by the Applicable Creditor of any sum adjudged to be so due in the Judgment Currency, the Applicable Creditor may in accordance with normal banking procedures in the relevant jurisdiction 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 Creditor in the Agreement Currency, the Borrower agrees, Guarantor as a separate obligation and notwithstanding any such judgment, agrees to indemnify the Applicable Creditor against such loss. The obligations of the Borrower under Guarantor contained in this Section shall survive the termination of this Guaranty and the Credit Agreement and the payment of all other amounts owing hereunderhereunder and thereunder.
Appears in 22 contracts
Samples: Guaranty (Bunge Global SA), Guaranty (Bunge Global SA), Guaranty (Bungeltd)
Judgment Currency. (a) If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder in one currency into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.
(b) The obligations of the Borrower Borrowers in respect of any sum due to any party hereto or any holder of any obligation owing hereunder (the “Applicable Creditor”) shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than the currency in which such sum is stated to be due hereunder (the “Agreement Currency”), be discharged only to the extent that, on the Business Day following receipt by the Applicable Creditor of any sum adjudged to be so due in the Judgment Currency, the Applicable Creditor may in accordance with normal banking procedures in the relevant jurisdiction 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 Creditor in the Agreement Currency, the Borrower agreesBorrowers agree, as a separate obligation and notwithstanding any such judgment, to indemnify the Applicable Creditor against such loss. The obligations of the Borrower Borrowers under this Section shall survive the termination of this Agreement and the payment of all other amounts owing hereunder.
Appears in 18 contracts
Samples: Credit Agreement (Amc Entertainment Holdings, Inc.), Credit Agreement (SMART Global Holdings, Inc.), First Lien Credit Agreement (Endeavor Group Holdings, Inc.)
Judgment Currency. (a) If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder in one currency into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which which, in accordance with normal banking procedures in the relevant jurisdiction jurisdiction, the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.
(b) The obligations of the Borrower in respect of any sum due to any party hereto or any holder of any obligation the obligations owing hereunder (the “Applicable Creditor”) shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than the currency in which such sum is stated to be due hereunder (the “Agreement Currency”), be discharged only to the extent that, on the Business Day following receipt by the Applicable Creditor of any sum adjudged to be so due in the Judgment Currency, the Applicable Creditor may in accordance with normal banking procedures in the relevant jurisdiction 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 Creditor in the Agreement Currency, the Borrower agrees, as a separate obligation and notwithstanding any such judgment, agrees to indemnify the Applicable Creditor against such loss. The obligations of the Borrower under contained in this Section shall survive the termination of this Agreement and the payment of all other amounts owing hereunder.
Appears in 18 contracts
Samples: Revolving Credit Agreement (Bunge Global SA), Revolving Credit Agreement (Bunge Global SA), Revolving Credit Agreement (Bungeltd)
Judgment Currency. (a) If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder in one currency into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which which, in accordance with normal banking procedures in the relevant jurisdiction jurisdiction, the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.
(b) The obligations of the Borrower Borrowers in respect of any sum due to any party hereto or any holder of any obligation the obligations owing hereunder (the “Applicable Creditor”) shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than the currency in which such sum is stated to be due hereunder (the “Agreement Currency”), be discharged only to the extent that, on the Business Day following receipt by the Applicable Creditor of any sum adjudged to be so due in the Judgment Currency, the Applicable Creditor may in accordance with normal banking procedures in the relevant jurisdiction 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 Creditor in the Agreement Currency, the Borrower agrees, Borrowers as a separate obligation and notwithstanding any such judgment, agrees to indemnify the Applicable Creditor against such loss. The obligations of the Borrower under Borrowers contained in this Section subsection 2.24 shall survive the termination of this Agreement and the payment of all other amounts owing hereunder.
Appears in 12 contracts
Samples: Credit Agreement (Deere John Capital Corp), Credit Agreement (Deere & Co), Credit Agreement (Deere & Co)
Judgment Currency. (a) If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder in one currency into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.
(b) The obligations of the Borrower each Guarantor in respect of any sum due to any party hereto or any holder of any obligation the obligations owing hereunder (the “Applicable Creditor”) shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than the currency in which such sum is stated to be due hereunder (the “Agreement Currency”), be discharged only to the extent that, on the Business Day following receipt by the Applicable Creditor of any sum adjudged to be so due in the Judgment Currency, the Applicable Creditor may in accordance with normal banking procedures in the relevant jurisdiction 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 Creditor in the Agreement Currency, the Borrower such Guarantor agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Applicable Creditor against such loss, and if the amount of the Agreement Currency so purchased exceeds the sum originally due to the Applicable Creditor in the Agreement Currency, the Applicable Creditor shall refund the amount of such excess to the applicable Guarantor. The obligations of the Borrower under parties contained in this Section 23 shall survive the termination of this Agreement and the payment of all other amounts owing hereunder.
Appears in 9 contracts
Samples: Subsidiary Guarantee Agreement (Molson Coors Beverage Co), Subsidiary Guarantee Agreement, Credit Agreement (Molson Coors Brewing Co)
Judgment Currency. (a) If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder in one currency into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.
(b) The obligations of the Borrower in respect of any sum due to any party hereto or any holder of any obligation owing hereunder (the “Applicable Creditor”) shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than the currency in which such sum is stated to be due hereunder (the “Agreement Currency”), be discharged only to the extent that, on the Business Day following receipt by the Applicable Creditor of any sum adjudged to be so due in the Judgment Currency, the Applicable Creditor may in accordance with normal banking procedures in the relevant jurisdiction purchase the Agreement Currency with the Judgment Currency; if the amount of the Agreement Currency that may be so purchased is less than the sum originally due to the Applicable Creditor in the Agreement Currency, the Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Applicable Creditor against such loss. The obligations of the Borrower under this Section shall survive the termination of this Agreement and the payment of all other amounts owing hereunder.
Appears in 8 contracts
Samples: Credit Agreement (Blackstone Inc.), Credit Agreement (Blackstone Inc.), Credit Agreement (Blackstone Group Inc)
Judgment Currency. (a) If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder in one currency into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.
(b) The obligations of the Borrower Guarantor in respect of any sum due to the Agent or any party hereto Lender hereunder or any holder of any obligation the obligations owing hereunder (the “Applicable Creditor”) shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than the currency in which such sum is stated to be due hereunder (the “Agreement Currency”), be discharged only to the extent that, on the Business Day following receipt by the Applicable Creditor of any sum adjudged to be so due in the Judgment Currency, the Applicable Creditor may in accordance with normal banking procedures in the relevant jurisdiction 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 Creditor in the Agreement Currency, the Borrower agrees, Guarantor as a separate obligation and notwithstanding any such judgment, agrees to indemnify the Applicable Creditor against such loss. The obligations of the Borrower under Guarantor contained in this Section shall survive the termination of this Guaranty and the Facility Agreement and the payment of all other amounts owing hereunderhereunder and thereunder.
Appears in 8 contracts
Samples: Guaranty (Bunge Global SA), Guaranty (Bungeltd), Guaranty (Bunge LTD)
Judgment Currency. (a) If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder in one currency U.S. Dollars into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency U.S. Dollars could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.
(b) The obligations of the Borrower each party hereto in respect of any sum due to any other party hereto or any holder of any obligation the obligations owing hereunder (the “Applicable Creditor”) shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than the currency in which such sum is stated to be due hereunder (the “Agreement Currency”)U.S. Dollars, be discharged only to the extent that, on the Business Day following receipt by the Applicable Creditor of any sum adjudged to be so due in the Judgment Currency, the Applicable Creditor may in accordance with normal banking procedures in the relevant jurisdiction purchase the Agreement Currency U.S. Dollars with the Judgment Currency; if the amount of the Agreement Currency U.S. Dollars so purchased is less than the sum originally due to the Applicable Creditor in the Agreement CurrencyU.S. Dollars, the Borrower such party agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Applicable Creditor against such lossdeficiency. The obligations of the Borrower under parties contained in this Section 9.18 shall survive the termination of this Agreement and the payment of all other amounts owing hereunder.
Appears in 7 contracts
Samples: Credit Agreement (Diplomat Pharmacy, Inc.), Credit Agreement (Minerals Technologies Inc), Credit Agreement (NICE Ltd.)
Judgment Currency. (a) If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder in one currency into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.
(b) The obligations of Holdings and the Borrower in respect of any sum due to any party hereto or any holder of any obligation owing hereunder (the “Applicable Creditor”) shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than the currency in which such sum is stated to be due hereunder (the “Agreement Currency”), be discharged only to the extent that, on the Business Day following receipt by the Applicable Creditor of any sum adjudged to be so due in the Judgment Currency, the Applicable Creditor may in accordance with normal banking procedures in the relevant jurisdiction 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 Creditor in the Agreement Currency, Holdings and the Borrower agreesagree, as a separate obligation and notwithstanding any such judgment, to indemnify the Applicable Creditor against such loss. The obligations of the Borrower under this Section shall survive the termination of this Agreement and the payment of all other amounts owing hereunder.
Appears in 7 contracts
Samples: First Lien Credit Agreement (First Advantage Corp), First Lien Credit Agreement (First Advantage Corp), First Lien Credit Agreement (First Advantage Corp)
Judgment Currency. (a) If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder in one currency into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.
(b) The obligations of Holdings and the Borrower Borrowers in respect of any sum due to any party hereto or any holder of any obligation owing hereunder (the “Applicable Creditor”) shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than the currency in which such sum is stated to be due hereunder (the “Agreement Currency”), be discharged only to the extent that, on the Business Day following receipt by the Applicable Creditor of any sum adjudged to be so due in the Judgment Currency, the Applicable Creditor may in accordance with normal banking procedures in the relevant jurisdiction 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 Creditor in the Agreement Currency, Holdings and the Borrower agreesBorrowers agree, as a separate obligation and notwithstanding any such judgment, to indemnify the Applicable Creditor against such loss. The obligations of the Borrower Borrowers under this Section shall survive the termination of this Agreement and the payment of all other amounts owing hereunder.
Appears in 7 contracts
Samples: First Lien Credit Agreement (New Whale Inc.), Credit Agreement (Endeavor Group Holdings, Inc.), Revolving Credit Agreement (Endeavor Group Holdings, Inc.)
Judgment Currency. (a) If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder in one currency into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which which, in accordance with normal banking procedures in the relevant jurisdiction jurisdiction, the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.
(b) The obligations of the Borrower in respect of any sum due to any party hereto or any holder of any obligation the obligations owing hereunder (the “"Applicable Creditor”") shall, notwithstanding any judgment in a currency (the “"Judgment Currency”") other than the currency in which such sum is stated to be due hereunder (the “"Agreement Currency”"), be discharged only to the extent that, on the Business Day following receipt by the Applicable Creditor of any sum adjudged to be so due in the Judgment Currency, the Applicable Creditor may in accordance with normal banking procedures in the relevant jurisdiction 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 Creditor in the Agreement Currency, the Borrower agrees, as a separate obligation and notwithstanding any such judgment, agrees to indemnify the Applicable Creditor against such loss. The obligations of the Borrower under contained in this Section shall survive the termination of this Agreement and the payment of all other amounts owing hereunder.
Appears in 6 contracts
Samples: Term Loan Agreement (Bungeltd), Credit Agreement (Thermo Electron Corp), 364 Day Credit Agreement (Thermo Electron Corp)
Judgment Currency. (a) If, for the purpose purposes of obtaining judgment in any court, it is necessary to convert a sum owing due hereunder or any other Loan Document in one currency into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction Administrative Agent could purchase the first currency could be purchased with such other currency on the Business Day immediately preceding the day that on which final judgment is given.
(b) . The obligations obligation of the Borrower in respect of any such sum due from it to any party hereto the Administrative Agent or any holder of any obligation owing Lender hereunder (or under the “Applicable Creditor”) other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than the currency that in which such sum is stated to be due hereunder denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that, that on the Business Day following receipt by the Applicable Creditor Administrative Agent or such Lender, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Applicable Creditor Administrative Agent or such Lender, as the case may be, may in accordance with normal banking procedures in the relevant jurisdiction purchase the Agreement Currency with the Judgment Currency; if . If the amount of the Agreement Currency so purchased is less than the sum originally due to the Applicable Creditor Administrative Agent or any Lender from the Borrower in the Agreement Currency, the Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Applicable Creditor Administrative Agent or such Lender, as the case may be, against such loss. The obligations provisions of this Section 10.20 shall survive the payment in full of the Borrower under this Section shall survive Obligations, the termination of the Commitments and the termination of this Agreement and the payment of all other amounts owing hereunderAgreement.
Appears in 6 contracts
Samples: Credit Agreement (Turning Point Brands, Inc.), Credit Agreement (Post Holdings, Inc.), Credit Agreement (Turning Point Brands, Inc.)
Judgment Currency. (a) If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder in one currency into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.
(b) The obligations of the Borrower Issuer in respect of any sum due to any party hereto or any holder of any obligation the Obligations owing hereunder (the “Applicable Creditor”) shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than the currency in which such sum is stated to be due hereunder (the “Agreement Currency”), be discharged only to the extent that, on the Business Day following receipt by the Applicable Creditor of any sum adjudged to be so due in the Judgment Currency, the Applicable Creditor may in accordance with normal banking procedures in the relevant jurisdiction 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 Creditor in the Agreement Currency, the Borrower Issuer agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Applicable Creditor against such loss. The obligations of the Borrower under Issuer contained in this Section 12.15 shall survive the termination of this Agreement and the payment of all other amounts owing hereunder.
Appears in 6 contracts
Samples: Note Purchase Agreement (Terran Orbital Corp), Note Purchase Agreement (Terran Orbital Corp), Note Purchase Agreement (Terran Orbital Corp)
Judgment Currency. (a) If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder in one currency US Dollars into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency US Dollars could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.
(b) The obligations of the Borrower each party hereto in respect of any sum due to any other party hereto or any holder of any obligation the obligations owing hereunder (the “Applicable Creditor”) shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than the currency in which such sum is stated to be due hereunder (the “Agreement Currency”)US Dollars, be discharged only to the extent that, on the Business Day following receipt by the Applicable Creditor of any sum adjudged to be so due in the Judgment Currency, the Applicable Creditor may in accordance with normal banking procedures in the relevant jurisdiction purchase the Agreement Currency US Dollars with the Judgment Currency; if the amount of the Agreement Currency US Dollars so purchased is less than the sum originally due to the Applicable Creditor in the Agreement CurrencyUS Dollars, the Borrower such party agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Applicable Creditor against such lossdeficiency. The obligations of the Borrower under parties contained in this Section shall survive the termination of this Agreement and the payment of all other amounts owing hereunder.
Appears in 6 contracts
Samples: Amended and Restated Revolving Credit Agreement (Bath & Body Works, Inc.), Revolving Credit Agreement (Bath & Body Works, Inc.), Revolving Credit Agreement (Victoria's Secret & Co.)
Judgment Currency. (a) If, for the purpose purposes of obtaining judgment in any court, it is necessary to convert a sum owing due hereunder or any other Guarantor Document in one currency into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction Administrative Agent could purchase the first currency could be purchased with such other currency on the Business Day immediately preceding the day that on which final judgment is given.
(b) . The obligations obligation of the Borrower any Guarantor in respect of any such sum due from it to any party hereto Guaranteed Party hereunder or any holder of any obligation owing hereunder (under the “Applicable Creditor”) other Guarantor Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than the currency that in which such sum is stated to be due hereunder denominated in accordance with the applicable provisions of the Credit Agreement (the “Agreement Currency”), be discharged only to the extent that, that on the Business Day following receipt by the Applicable Creditor Administrative Agent of any sum adjudged to be so due in the Judgment Currency, the Applicable Creditor Administrative Agent may in accordance with normal banking procedures in the relevant jurisdiction purchase the Agreement Currency with the Judgment Currency; if . If the amount of the Agreement Currency so purchased is less than the sum originally due to the Applicable Creditor Administrative Agent from such Guarantor in the Agreement Currency, the Borrower such Guarantor agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Applicable Creditor Administrative Agent or the Person to whom such obligation was owing against such loss. The obligations If the amount of the Borrower Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent in such currency, the Administrative Agent (by its acceptance hereof) agrees to return the amount of any excess to such Guarantor (or to any other Person who may be entitled thereto under applicable law). The agreements in this Section 25 shall survive the termination of this Agreement the Commitments and the payment repayment of all other amounts owing hereunderGuaranteed Obligations.
Appears in 5 contracts
Samples: Credit Agreement (Imation Corp), Credit Agreement (Imation Corp), Credit Agreement (Imation Corp)
Judgment Currency. (a) If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder in one currency into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which which, in accordance with normal banking procedures in the relevant jurisdiction jurisdiction, the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.
(b) The obligations of the any Borrower in respect of any sum due to any party hereto or any holder of any obligation the obligations owing hereunder (the “Applicable Creditor”) shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than the currency in which such sum is stated to be due hereunder (the “Agreement Currency”), be discharged only to the extent that, on the Business Day following receipt by the Applicable Creditor of any sum adjudged to be so due in the Judgment Currency, the Applicable Creditor may in accordance with normal banking procedures in the relevant jurisdiction 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 Creditor in the Agreement Currency, the Borrower agrees, applicable Borrowers as a separate obligation and notwithstanding any such judgment, agrees to indemnify the Applicable Creditor against such loss. The obligations of the each Borrower under contained in this Section 2.29 shall survive the termination of this Agreement and the payment of all other amounts owing hereunder.
Appears in 5 contracts
Samples: Credit Agreement (Kennametal Inc), Credit Agreement, Credit Agreement (Kennametal Inc)
Judgment Currency. (a) If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder in one currency into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.
(b) The obligations of the Borrower in respect of any sum due to any party hereto or any holder of any obligation the obligations owing hereunder (the “Applicable Creditor”) shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than the currency in which such sum is stated to be due hereunder (the “Agreement Currency”), be discharged only to the extent that, on the Business Day following receipt by the Applicable Creditor of any sum adjudged to be so due in the Judgment Currency, the Applicable Creditor may in accordance with normal banking procedures in the relevant jurisdiction 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 Creditor in the Agreement Currency, the such Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Applicable Creditor against such loss, and if the amount of the Agreement Currency so purchased exceeds the sum originally due to the Applicable Creditor in the Agreement Currency, the Applicable Creditor shall refund the amount of such excess to the applicable Borrower. The obligations of the Borrower under parties contained in this Section 10.22 shall survive the termination of this Agreement and the payment of all other amounts owing hereunder.
Appears in 4 contracts
Samples: Credit Agreement (Meredith Corp), Credit Agreement (Time Inc.), Credit Agreement (Time Inc.)
Judgment Currency. (a) If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder in one currency into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.
(b) The obligations of the Borrower Guarantor in respect of any sum due to any party hereto the Administrative Agent, the Letter of Credit Agent, the Collateral Agent and the Trustee hereunder or any holder of any obligation the obligations owing hereunder (the “Applicable Creditor”) shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than the currency in which such sum is stated to be due hereunder (the “Agreement Currency”), be discharged only to the extent that, on the Business Day following receipt by the Applicable Creditor of any sum adjudged to be so due in the Judgment Currency, the Applicable Creditor may in accordance with normal banking procedures in the relevant jurisdiction 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 Creditor in the Agreement Currency, the Borrower agrees, Guarantor as a separate obligation and notwithstanding any such judgment, agrees to indemnify the Applicable Creditor against such loss. The obligations of the Borrower under Guarantor contained in this Section shall survive the termination of this Agreement Guaranty and the Transaction Documents and the payment of all other amounts owing hereunderhereunder and thereunder.
Appears in 4 contracts
Samples: Guaranty (Bungeltd), Guaranty (Bunge LTD), Guaranty (Bunge LTD)
Judgment Currency. (a) If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder in one currency into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.
(b) The obligations of the Borrower in respect of any sum due to any party hereto or any holder of any obligation the obligations owing hereunder (the “Applicable Creditor”) shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than the currency in which such sum is stated to be due hereunder (the “Agreement Currency”), be discharged only to the extent that, on the Business Day following receipt by the Applicable Creditor of any sum adjudged to be so due in the Judgment Currency, the Applicable Creditor may in accordance with normal banking procedures in the relevant jurisdiction 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 Creditor in the Agreement Currency, the Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Applicable Creditor against such loss. The obligations of the Borrower under contained in this Section 9.14 shall survive the termination of this Agreement and the payment of all other amounts owing hereunder.
Appears in 4 contracts
Samples: Revolving Credit Agreement (Teradata Corp /De/), Revolving Credit Agreement (Teradata Corp /De/), Revolving Credit Agreement (Teradata Corp /De/)
Judgment Currency. (a) If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder in one currency into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.
(b) The obligations of the Borrower Guarantor in respect of any sum due to the Agent or any party hereto Lender hereunder or any holder of any obligation the obligations owing hereunder (the “"Applicable Creditor”") shall, notwithstanding any judgment in a currency (the “"Judgment Currency”") other than the currency in which such sum is stated to be due hereunder (the “"Agreement Currency”"), be discharged only to the extent that, on the Business Day following receipt by the Applicable Creditor of any sum adjudged to be so due in the Judgment Currency, the Applicable Creditor may in accordance with normal banking procedures in the relevant jurisdiction 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 Creditor in the Agreement Currency, the Borrower agrees, Guarantor as a separate obligation and notwithstanding any such judgment, agrees to indemnify the Applicable Creditor against such loss. The obligations of the Borrower under Guarantor contained in this Section shall survive the termination of this Guaranty and the Facility Agreement and the payment of all other amounts owing hereunderhereunder and thereunder.
Appears in 4 contracts
Samples: Guaranty (Bungeltd), Guaranty (Bunge LTD), Guaranty (Bunge LTD)
Judgment Currency. (a) If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder in one currency into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.
(b) The obligations of the Borrower any Note Party in respect of any sum due to any party hereto or any holder of any obligation the Obligations owing hereunder (the “Applicable Creditor”) shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than the currency in which such sum is stated to be due hereunder (the “Agreement Currency”), be discharged only to the extent that, on the Business Day following receipt by the Applicable Creditor of any sum adjudged to be so due in the Judgment Currency, the Applicable Creditor may in accordance with normal banking procedures in the relevant jurisdiction 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 Creditor in the Agreement Currency, the Borrower each Note Party agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Applicable Creditor against such loss. The obligations of the Borrower under Note Parties contained in this Section 12.16 shall survive the termination of this Agreement and the payment of all other amounts owing hereunder.
Appears in 4 contracts
Samples: Note Purchase Agreement (OptiNose, Inc.), Note Purchase Agreement (OptiNose, Inc.), Note Purchase Agreement
Judgment Currency. (a) If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder in one currency into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.
(b) The obligations of the Borrower Parties in respect of any sum due to any party hereto or any holder of any obligation owing hereunder (the “Applicable Creditor”) shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than the currency in which such sum is stated to be due hereunder (the “Agreement Currency”), be discharged only to the extent that, on the Business Day following receipt by the Applicable Creditor of any sum adjudged to be so due in the Judgment Currency, the Applicable Creditor may in accordance with normal banking procedures in the relevant jurisdiction 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 Creditor in the Agreement Currency, the Borrower agreesParties agree, as a separate obligation and notwithstanding any such judgment, to indemnify the Applicable Creditor against such loss. The obligations of the Borrower Parties under this Section shall survive the termination of this Agreement and the payment of all other amounts owing hereunder.
Appears in 4 contracts
Samples: Third Amendment (Broadcom LTD), Second Amendment (Broadcom Cayman L.P.), Credit Agreement (Avago Technologies LTD)
Judgment Currency. (a) If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder in one currency into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.
(b) The obligations of the Borrower Loan Parties in respect of any sum due to any party hereto or any holder of any obligation owing hereunder (the “Applicable Creditor”) shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than the currency in which such sum is stated to be due hereunder (the “Agreement Currency”), be discharged only to the extent that, on the Business Day following receipt by the Applicable Creditor of any sum adjudged to be so due in the Judgment Currency, the Applicable Creditor may in accordance with normal banking procedures in the relevant jurisdiction 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 Creditor in the Agreement Currency, the Borrower agreesapplicable Loan Parties agree, as a separate obligation and notwithstanding any such judgment, to indemnify the Applicable Creditor against such loss. The obligations of the Borrower under this Section shall survive the termination of this Agreement and the payment of all other amounts owing hereunder.
Appears in 4 contracts
Samples: Senior Secured Debtor in Possession Credit Agreement (Cyxtera Technologies, Inc.), Abl Credit Agreement (Chewy, Inc.), Abl Credit Agreement (Chewy, Inc.)
Judgment Currency. (a) If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder in one currency into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.. 109
(b) The obligations of the each Borrower in respect of any sum due to any party hereto or any holder of any obligation the obligations owing hereunder (the “"Applicable Creditor”") shall, notwithstanding any judgment in a currency (the “"Judgment Currency”") other than the currency in which such sum is stated to be due hereunder (the “"Agreement Currency”"), be discharged only to the extent that, on the Business Day following receipt by the Applicable Creditor of any sum adjudged to be so due in the Judgment Currency, the Applicable Creditor may in accordance with normal banking procedures in the relevant jurisdiction 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 Creditor in the Agreement Currency, the applicable Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Applicable Creditor against such loss. The obligations of the Borrower under Borrowers contained in this Section 9.14 shall survive the termination of this Agreement and the payment of all other amounts owing hereunder.. 110 104
Appears in 3 contracts
Samples: Credit Agreement (Knowles Electronics LLC), Credit Agreement (Knowles Electronics LLC), Credit Agreement (Knowles Electronics LLC)
Judgment Currency. (a) If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder in one currency dollars into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency dollars could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.
(b) The obligations of the Borrower each party hereto in respect of any sum due to any other party hereto or any holder of any obligation the obligations owing hereunder (the “Applicable Creditor”) shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than the currency in which such sum is stated to be due hereunder (the “Agreement Currency”), be discharged only to the extent that, on the Business Day following receipt by the Applicable Creditor of any sum adjudged to be so due in the Judgment Currency, the Applicable Creditor may in accordance with normal banking procedures in the relevant jurisdiction 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 Creditor in the Agreement Currency, the Borrower such party agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Applicable Creditor against such lossdeficiency. The obligations of the Borrower under parties contained in this Section shall survive the termination of this Agreement and the payment occurrence of all other amounts owing hereunderthe Termination Date.
Appears in 3 contracts
Samples: Credit Agreement (NCR Atleos Corp), Credit Agreement (NCR Corp), Credit Agreement (NCR Atleos, LLC)
Judgment Currency. (a) If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder in one currency into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.
(b) The obligations obligation of the Borrower under this Agreement to make payments in respect of any sum due to any party hereto or any holder of any obligation owing hereunder (the “Applicable Creditor”) shall, notwithstanding any judgment each Reimbursement Obligation in a currency (the “Judgment Currency”) other than the currency in which such sum it is stated to be due hereunder outstanding (the “"Agreement Currency”), ") shall not be discharged only or satisfied by any tender or recovery pursuant to any judgment expressed in or converted into any other currency (the "Judgment Currency") except to the extent that, on that such tender or recovery of the Business Day following Judgment Currency results in the effective receipt by the Applicable Creditor of any sum adjudged to be so due in the Judgment Currency, the Applicable Creditor may in accordance with normal banking procedures in Lenders or the relevant jurisdiction purchase Issuing Banks, as the Agreement Currency with case may be, of the Judgment Currency; if the full amount of the Agreement Currency so purchased payable under this Agreement and the Borrower agrees to indemnify the Lenders or the relevant Issuing Banks, as the case may be (and the Lenders or the relevant Issuing Banks, as the case may be, shall have an additional legal claim) for any difference between such full amount and the amount effectively received by such Lenders or such Issuing Banks, as the case may be, pursuant to any such tender or recovery. Each Lender's or Issuing Bank's determination of amounts effectively received by such Lender or Issuing Bank shall be presumed correct absent manifest error. If a judgment in respect of the obligations of the Borrower hereunder is less rendered in a currency other than the sum originally due to Agreement Currency and if, upon receipt of the Applicable Creditor full amount of such judgment in such currency and the conversion into, and receipt of such amount in the Agreement Currency, such amount of the Agreement Currency exceeds the obligations of the Borrower agreeshereunder, such excess amount shall be remitted to the Borrower by the Lenders or the relevant Issuing Banks, as a separate obligation and notwithstanding any such judgment, to indemnify the Applicable Creditor against such losscase may be. The obligations of the Borrower under this Section subsection shall survive the termination of this Agreement and the payment repayment of the Loans and all other amounts owing payable hereunder.
Appears in 3 contracts
Samples: Credit Agreement (Service Merchandise Co Inc), Credit Agreement (Service Merchandise Co Inc), Post Petition Credit Agreement (Service Merchandise Co Inc)
Judgment Currency. (a) If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder in one currency into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.
(b) The obligations of the Borrower Loan Parties in respect of any sum due to any party hereto or any holder of any obligation the Obligations owing hereunder (the “Applicable Creditor”) shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than the currency in which such sum is stated to be due hereunder (the “Agreement Currency”), be discharged only to the extent that, on the Business Day following receipt by the Applicable Creditor of any sum adjudged to be so due in the Judgment Currency, the Applicable Creditor may in accordance with normal banking procedures in the relevant jurisdiction 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 Creditor in the Agreement Currency, the Borrower agreesLoan Parties agree, as a separate obligation and notwithstanding any such judgment, to jointly and severally indemnify the Applicable Creditor against such loss. The obligations of the Borrower under contained in this Section 12.16 shall survive the termination of this Agreement Agreement, the termination of the Commitments and the payment of all other amounts owing hereunder.
Appears in 3 contracts
Samples: Credit Agreement (Biocryst Pharmaceuticals Inc), Credit Agreement (Biocryst Pharmaceuticals Inc), Credit Agreement (Cti Biopharma Corp)
Judgment Currency. (a) If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder in one currency into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.
(b) The obligations of the Borrower Company and the Borrowers in respect of any sum due to any party hereto or any holder of any obligation owing hereunder (the “Applicable Creditor”) shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than the currency in which such sum is stated to be due hereunder (the “Agreement Currency”), be discharged only to the extent that, on the Business Day following receipt by the Applicable Creditor of any sum adjudged to be so due in the Judgment Currency, the Applicable Creditor may in accordance with normal banking procedures in the relevant jurisdiction 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 Creditor in the Agreement Currency, the Borrower agreesCompany and the Borrowers agree, as a separate obligation and notwithstanding any such judgment, to indemnify the Applicable Creditor against such loss. The obligations of the Borrower Borrowers under this Section shall survive the termination of this Agreement and the payment of all other amounts owing hereunder.
Appears in 3 contracts
Samples: Credit Agreement, Credit Agreement (Dell Technologies Inc), Credit Agreement (Dell Technologies Inc)
Judgment Currency. (a) If, for the purpose purposes of obtaining judgment in any court, it is necessary to convert a sum owing due hereunder or any other Loan Document in one currency into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction Administrative Agent could purchase the first currency could be purchased with such other currency on the Business Day immediately preceding the day that on which final judgment is given.
(b) . The obligations obligation of the Borrower in respect of any such sum due from it to any party hereto the Administrative Agent or any holder of any obligation owing Lender hereunder (or under the “Applicable Creditor”) other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than the currency that in which such sum is stated to be due hereunder denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that, that on the Business Day following receipt by the Applicable Creditor Administrative Agent or such Lender, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Applicable Creditor Administrative Agent or such Lender, as the case may be, may in accordance with normal banking procedures in the relevant jurisdiction purchase the Agreement Currency with the Judgment Currency; if . If the amount of the Agreement Currency so purchased is less than the sum originally due to the Applicable Creditor Administrative Agent or any Lender from the Borrower in the Agreement Currency, the Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Applicable Creditor Administrative Agent or such Lender, as the case may be, against such loss. The obligations provisions of this Section 11.20 shall survive the payment in full of Obligations, the termination of the Borrower under this Section shall survive Commitments and the termination of this Agreement and the payment of all other amounts owing hereunderAgreement.
Appears in 3 contracts
Samples: Bridge Facility Agreement (Bellring Brands, Inc.), Bridge Facility Agreement (Post Holdings, Inc.), Bridge Facility Agreement (Post Holdings, Inc.)
Judgment Currency. (a) If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder in one currency into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which which, in accordance with normal banking procedures in the relevant jurisdiction jurisdiction, the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.
(b) The obligations of the each Borrower in respect of any sum due to any party hereto or any holder of any obligation the obligations owing hereunder (the “"Applicable Creditor”") shall, notwithstanding any judgment in a currency (the “"Judgment Currency”") other than the currency in which such sum is stated to be due hereunder (the “"Agreement Currency”"), be discharged only to the extent that, on the Business Day following receipt by the Applicable Creditor of any sum adjudged to be so due in the Judgment Currency, the Applicable Creditor may in accordance with normal banking procedures in the relevant jurisdiction 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 Creditor in the Agreement Currency, the relevant Borrower agrees, as a separate obligation and notwithstanding any such judgment, agrees to indemnify the Applicable Creditor against such loss. The obligations of the each Borrower under contained in this Section shall survive the termination of this Agreement and the payment of all other amounts owing hereunder.
Appears in 2 contracts
Samples: Five Year Credit Agreement (Thermo Electron Corp), Credit Agreement (V F Corp)
Judgment Currency. (a) If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder in one currency into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.
(b) The obligations obligation of the Borrower under this Agreement to make payments in respect of any sum due to any party hereto or any holder of any obligation owing hereunder (the “Applicable Creditor”) shall, notwithstanding any judgment each Reimbursement Obligation in a currency (the “Judgment Currency”) other than the currency in which such sum it is stated to be due hereunder outstanding (the “"Agreement Currency”), ") shall not be discharged only or satisfied by any tender or recovery pursuant to any judgment expressed in or converted into any other currency (the "Judgment Currency") except to the extent that, on that such tender or recovery of the Business Day following Judgment Currency results in the effective receipt by the Applicable Creditor of any sum adjudged to be so due in the Judgment Currency, the Applicable Creditor may in accordance with normal banking procedures in Lenders or the relevant jurisdiction purchase Issuing Banks, as the Agreement Currency with case may be, of the Judgment Currency; if the full amount of the Agreement Currency so purchased payable under this Agreement and the Borrower agrees to indemnify the Lenders or the relevant Issuing Banks, as the case may be (and the Lenders or the relevant Issuing Banks, as the case may be, shall have an additional legal claim) for any difference between such full amount and the amount effectively received by such Lenders or such Issuing Banks, as the case may be, pursuant to any such tender or recovery. Each Lender's or Issuing Bank's determination of amounts effectively received by such Lender or Issuing Bank shall be conclusive absent manifest error. If a judgment in respect of the obligations of the Borrower hereunder is less rendered in a currency other than the sum originally due to Agreement Currency and if, upon receipt of the Applicable Creditor full amount of such judgment in such currency and the conversion into, and receipt of such amount in the Agreement Currency, such amount of the Agreement Currency exceeds the obligations of the Borrower agreeshereunder, such excess amount shall be remitted to the Borrower by the Lenders or the relevant Issuing Banks, as a separate obligation and notwithstanding any such judgment, to indemnify the Applicable Creditor against such losscase may be. The obligations of the Borrower under this Section subsection shall survive the termination of this Agreement and the payment repayment of the Loans and all other amounts owing payable hereunder.
Appears in 2 contracts
Samples: Credit Agreement (Kmart Corp), Credit Agreement (Kmart Corp)
Judgment Currency. (a) If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder in one currency into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which which, in accordance with normal banking procedures in the relevant jurisdiction jurisdiction, the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.
(b) The obligations of the Borrower in respect of any sum due to any party hereto or any holder of any obligation the obligations owing hereunder (the “"Applicable Creditor”") shall, notwithstanding any judgment in a currency (the “"Judgment Currency”") other than the currency in which such sum is stated to be due hereunder (the “"Agreement Currency”"), be discharged only to the extent that, on the Business Day following receipt by the Applicable Creditor of any sum adjudged to be so due in the Judgment Currency, the Applicable Creditor may in accordance with normal banking procedures in the relevant jurisdiction 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 Creditor in the Agreement Currency, the Borrower agrees, as a separate obligation and notwithstanding any such judgment, agrees to indemnify the Applicable Creditor against such loss. The obligations of the Borrower under contained in this Section 2.29 shall survive the termination of this Agreement and the payment of all other amounts owing hereunder.
Appears in 2 contracts
Samples: Credit Agreement (Kennametal Inc), Credit Agreement (Kennametal Inc)
Judgment Currency. (a) If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder in one currency into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.
(b) The obligations of the Borrower in respect of any sum due to any party hereto or any holder of any obligation owing hereunder (the “"Applicable Creditor”") shall, notwithstanding any judgment in a currency (the “"Judgment Currency”") other than the currency in which such sum is stated to be due hereunder (the “Agreement Currency”), US Dollars be discharged only to the extent that, on the Business Day following receipt by the Applicable Creditor of any sum adjudged to be so due in the Judgment Currency, the Applicable Creditor may in accordance with normal banking procedures in the official currency market in the relevant jurisdiction purchase the Agreement Currency US Dollars with the Judgment Currency; if the amount of the Agreement Currency US Dollars so purchased is less than the sum originally due to the Applicable Creditor in the Agreement CurrencyUS Dollars, the Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Applicable Creditor against such loss. The obligations of the Borrower under contained in this Section 9.13 shall survive the termination of this Agreement and the payment of all other amounts owing hereunder.
Appears in 2 contracts
Samples: Credit Agreement (Grupo Iusacell Sa De Cv), Credit Agreement (Grupo Iusacell Celular Sa De Cv)
Judgment Currency. (a) If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder in one currency into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.
(b) The obligations of the Borrower in respect of any sum due to any party hereto or any holder of any obligation owing hereunder (the “Applicable Creditor”) shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than the currency in which such sum is stated to be due hereunder (the “Agreement Currency”), be discharged only to the extent that, on the Business Day following receipt by the Applicable Creditor of any sum adjudged to be so due in the Judgment Currency, the Applicable Creditor may in accordance with normal banking procedures in the relevant jurisdiction 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 Creditor in the Agreement Currency, the Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Applicable Creditor against such loss. The obligations of the Borrower under this Section 9.14 shall survive the termination of this Agreement and the payment of all other amounts owing hereunder.
Appears in 2 contracts
Samples: Credit Agreement (Pathfinder Acquisition Corp), Credit Agreement (EverCommerce Inc.)
Judgment Currency. (a) If, If for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder in one currency into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.
(b) The obligations of the Borrower in respect of any sum due to any party hereto or any holder of any obligation owing hereunder (the “Applicable CreditorCredited”) shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than the currency in which such sum is stated to be due hereunder (the “Agreement Currency”), be discharged only to the extent that, on the Business Day following receipt by the Applicable Creditor of any sum adjudged to be so due in the Judgment Currency, the Applicable Creditor may in accordance with normal banking procedures in the relevant jurisdiction 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 Creditor in the Agreement Currency, the Borrower Company agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Applicable Creditor against such loss. The obligations of the Borrower under this Section shall survive the termination of this Agreement and the payment of all other amounts owing hereunder.
Appears in 2 contracts
Samples: Credit Agreement (Altera Infrastructure L.P.), Credit Agreement (Altera Infrastructure L.P.)
Judgment Currency. (a) If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder in one currency into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.
(b) The obligations of the Borrower in respect of any sum due to any party hereto or any holder of any obligation the obligations owing hereunder (the “"Applicable Creditor”") shall, notwithstanding any judgment in a currency (the “"Judgment Currency”") other than the currency in which such sum is stated to be due hereunder (the “"Agreement Currency”"), be discharged only to the extent that, on the Business Day following receipt by the Applicable Creditor of any sum adjudged to be so due in the Judgment Currency, the Applicable Creditor may in accordance with normal banking procedures in the relevant jurisdiction 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 Creditor in the Agreement Currency, the Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Applicable Creditor against such loss. The obligations of the Borrower under Borrowers contained in this Section 11.17 shall survive the termination of this Agreement and the payment of all other amounts owing hereunder.
Appears in 2 contracts
Samples: Receivables Loan Agreement (TRW Automotive Inc), Receivables Loan Agreement (TRW Automotive Inc)
Judgment Currency. (a) If, for the purpose purposes of obtaining judgment in any court, it is necessary to convert a sum owing due hereunder or any other Guarantor Document in one currency into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction Administrative Agent could purchase the first currency could be purchased with such other currency on the Business Day immediately preceding the day that on which final judgment is given.
(b) . The obligations obligation of the Borrower each Guarantor in respect of any such sum due from it to any party hereto Guaranteed Party hereunder or any holder of any obligation owing hereunder (under the “Applicable Creditor”) other Guarantor Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than the currency that in which such sum is stated to be due hereunder denominated in accordance with the applicable provisions of the Term Loan Agreement (the “Agreement Currency”), be discharged only to the extent that, that on the Business Day following receipt by the Applicable Creditor Administrative Agent of any sum adjudged to be so due in the Judgment Currency, the Applicable Creditor Administrative Agent may in accordance with normal banking procedures in the relevant jurisdiction purchase the Agreement Currency with the Judgment Currency; if . If the amount of the Agreement Currency so purchased is less than the sum originally due to the Applicable Creditor Administrative Agent from the Guarantor in the Agreement Currency, the Borrower Guarantor agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Applicable Creditor Administrative Agent or the Person to whom such obligation was owing against such loss. The obligations If the amount of the Borrower Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent in such currency, the Administrative Agent (by its acceptance hereof) agrees to return the amount of any excess to the Guarantor (or to any other Person who may be entitled thereto under applicable law). The agreements in this Section 24 shall survive the termination of this Agreement the Commitments and the payment repayment of all other amounts owing hereunderGuaranteed Obligations.
Appears in 2 contracts
Samples: Term Loan Agreement (Flex Ltd.), Term Loan Agreement (Flextronics International Ltd.)
Judgment Currency. (a) If, for the purpose purposes of obtaining judgment in any court, it is necessary to convert a sum owing due hereunder or any other Guarantor Document in one currency into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction Administrative Agent could purchase the first currency could be purchased with such other currency on the Business Day immediately preceding the day that on which final judgment is given.
(b) . The obligations obligation of the Borrower Guarantor in respect of any such sum due from it to any party hereto Guaranteed Party hereunder or any holder of any obligation owing hereunder (under the “Applicable Creditor”) other Guarantor Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than the currency that in which such sum is stated to be due hereunder denominated in accordance with the applicable provisions of the Credit Agreement (the “Agreement Currency”), be discharged only to the extent that, that on the Business Day following receipt by the Applicable Creditor Administrative Agent of any sum adjudged to be so due in the Judgment Currency, the Applicable Creditor Administrative Agent may in accordance with normal banking procedures in the relevant jurisdiction purchase the Agreement Currency with the Judgment Currency; if . If the amount of the Agreement Currency so purchased is less than the sum originally due to the Applicable Creditor Administrative Agent from the Guarantor in the Agreement Currency, the Borrower Guarantor agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Applicable Creditor Administrative Agent or the Person to whom such obligation was owing against such loss. The obligations If the amount of the Borrower Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent in such currency, the Administrative Agent (by its acceptance hereof) agrees to return the amount of any excess to the Guarantor (or to any other Person who may be entitled thereto under applicable law). The agreements in this Section 23 shall survive the termination of this Agreement the Commitments and the payment repayment of all other amounts owing hereunderGuaranteed Obligations.
Appears in 2 contracts
Samples: Credit Agreement (Flex Ltd.), Credit Agreement (Flextronics International Ltd.)
Judgment Currency. (a) If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder in one currency into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.
(b) The obligations of the Borrower in respect of any sum due to any party hereto or any holder of any obligation owing hereunder (the “Applicable Creditor”) shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than the currency in which such sum is stated to be due hereunder (the “Agreement Currency”), be discharged only to the extent that, on the Business Day following receipt by the Applicable Creditor of any sum adjudged to be so due in the Judgment Currency, the Applicable Creditor may in accordance with normal banking procedures in the relevant jurisdiction 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 Creditor in the Agreement Currency, the Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Applicable Creditor against such loss. The obligations of the Borrower under this Section shall survive the termination of this Agreement Agreement, the resignation or removal of any Agent and the payment of all other amounts owing hereunder.
Appears in 2 contracts
Samples: Credit Agreement (INVACARE HOLDINGS Corp), Credit Agreement (Invacare Corp)
Judgment Currency. (a) If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder in one currency into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.
(b) The obligations of the each Borrower in respect of any sum due to any party hereto or any holder of any obligation owing hereunder (the “Applicable Creditor”) shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than the currency in which such sum is stated to be due hereunder (the “Agreement Currency”), be discharged only to the extent that, on the Business Day following receipt by the Applicable Creditor of any sum adjudged to be so due in the Judgment Currency, the Applicable Creditor may in accordance with normal banking procedures in the relevant jurisdiction 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 Creditor in the Agreement Currency, the Dutch Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Applicable Creditor against such loss. The obligations of the Dutch Borrower under this Section shall survive the termination of this Agreement and the payment of all other amounts owing hereunder.
Appears in 2 contracts
Samples: Credit Agreement (Constellium Holdco B.V.), Credit Agreement (Constellium Holdco B.V.)
Judgment Currency. (a) If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder in one currency into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which which, in accordance with normal banking procedures in the relevant jurisdiction jurisdiction, the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.
(b) The obligations of the Borrower Borrowers in respect of any sum due to any party hereto or any holder of any obligation the obligations owing hereunder (the “Applicable Creditor”) shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than the currency in which such sum is stated to be due hereunder (the “Agreement Currency”), be discharged only to the extent that, on the Business Day following receipt by the Applicable Creditor of any sum adjudged to be so due in the Judgment Currency, the Applicable Creditor may in accordance with normal banking procedures in the relevant jurisdiction 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 Creditor in the Agreement Currency, the Borrower agrees, Borrowers as a separate obligation and notwithstanding any such judgment, agrees to indemnify the Applicable Creditor against such loss. The obligations of the Borrower under Borrowers contained in this Section subsection 2.21 shall survive the termination of this Agreement and the payment of all other amounts owing hereunder.
Appears in 2 contracts
Samples: Credit Agreement (Deere & Co), Credit Agreement (Deere & Co)
Judgment Currency. (a) If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder in one currency into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which which, in accordance with normal banking procedures in the relevant jurisdiction jurisdiction, the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.
(b) The obligations of the each Borrower in respect of any sum due to any party hereto or any holder of any obligation the obligations owing hereunder (the “Applicable Creditor”) shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than the currency in which such sum is stated to be due hereunder (the “Agreement Currency”), be discharged only to the extent that, on the Business Day following receipt by the Applicable Creditor of any sum adjudged to be so due in the Judgment Currency, the Applicable Creditor may in accordance with normal banking procedures in the relevant jurisdiction 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 Creditor in the Agreement Currency, the relevant Borrower agrees, as a separate obligation and notwithstanding any such judgment, agrees to indemnify the Applicable Creditor against such loss. The obligations of the each Borrower under contained in this Section shall survive the termination of this Agreement and the payment of all other amounts owing hereunder.
Appears in 2 contracts
Samples: Credit Agreement (V F Corp), Credit Agreement (V F Corp)
Judgment Currency. (a) If, for the purpose of obtaining judgment in any courtanycourt, it is necessary to convert a sum owing hereunder in one currency dollarsDollars into another currency, each party hereto partyhereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at thatat which in accordance with normal banking procedures in the relevant jurisdiction the first currency could be dollarsDollars couldbe purchased with such other currency on the Business Day immediately preceding the day on which final judgment finaljudgment is given.
(b) The obligations of the Borrower each party hereto in respect of any sum due to any other party hereto or any holder anyholder of any obligation the obligations owing hereunder (the “Applicable Creditor”) shall, notwithstanding any judgment anyjudgment in a currency (the “Judgment Currency”) other than the currency in which such sum is stated to be due hereunder (the “Agreement Currency”)dollarsDollars, be discharged only to the extent theextent that, on the Business Day following receipt by the Applicable Creditor of any sum adjudged to be so beso due in the Judgment Currency, the Applicable Creditor may in accordance with normal banking procedures bankingprocedures in the relevant jurisdiction purchase the Agreement Currency dollarsDollars with the Judgment Currency; if the amount of the Agreement Currency amountof dollarsDollars so purchased is less than the sum originally due to the Applicable Creditor in the Agreement CurrencyindollarsDollars, the Borrower such party agrees, as a separate obligation and notwithstanding any such judgment, to indemnify toindemnify the Applicable Creditor against such lossdeficiency. The obligations of the Borrower under this Section parties contained in thisSection shall survive the termination of this Agreement and the payment of all other amounts owing hereunder.owinghereunder. 106
Appears in 1 contract
Judgment Currency. (a) If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder in one currency dollars into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency dollars could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.
(b) The obligations of the Borrower each party hereto in respect of any sum due to any other party hereto or any holder of any obligation the obligations owing hereunder (the “Applicable Creditor”) shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than the currency in which such sum is stated to be due hereunder (the “Agreement Currency”), be discharged only to the extent that, on the Business Day following receipt by the Applicable Creditor of any sum adjudged to be so due in the Judgment Currency, the Applicable Creditor may in accordance with normal banking procedures in the relevant jurisdiction 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 Creditor in the Agreement Currency, the Borrower such party agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Applicable Creditor against such lossdeficiency. The obligations of the Borrower under parties contained in this Section shall survive the termination of this Agreement and the payment of all other amounts owing hereunder.
Appears in 1 contract
Samples: Credit Agreement (NCR Corp)
Judgment Currency. (a) If, for the purpose purposes of obtaining judgment in any court, it is necessary to convert a sum owing due hereunder or any Loan Document in one currency into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in practices of the relevant jurisdiction Agent or any of the other Secured Parties could purchase the first currency could be purchased with such other currency on the Business Day immediately preceding the day that on which final judgment is given.
(b) . The obligations obligation of the Borrower Debtor in respect of any such sum due from it to any party hereto the Agent or any holder of any obligation owing the other Secured Parties hereunder (or under the “Applicable Creditor”) other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than the currency that in which such sum is stated to be due hereunder denominated in accordance with the applicable provisions of the Loan Documents or other relevant document (the “Agreement Currency”), be discharged only to the extent that, that on the Business Day following receipt by the Applicable Creditor Agent of any sum adjudged to be so due in the Judgment Currency, the Applicable Creditor may Agent or any of the Lender may, in accordance with normal banking procedures in the relevant jurisdiction practices, purchase the Agreement Currency with the Judgment Currency; if . If the amount of the Agreement Currency so purchased is less than the sum originally due to the Applicable Creditor Agent from the Debtor in the Agreement Currency, the Borrower Debtor agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Applicable Creditor Agent and the other Secured Parties against such loss. The obligations If the amount of the Borrower Agreement Currency so purchased is greater than the sum originally due to the Agent and the other Secured Parties in such currency, the Agent and the other Secured Parties agrees to return the amount of any excess to the Debtor (or to any other Person who may be entitled thereto under applicable law). The agreements in this Section 10.10 shall survive the termination of this Agreement and the payment repayment of all other amounts owing hereunderSecured Obligations.
Appears in 1 contract
Samples: Credit Agreement (Gsi Group Inc)
Judgment Currency. (a) If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder in one currency Dollars into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency Dollars could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.
(b) The obligations of the Borrower each party hereto in respect of any sum due to any other party hereto or any holder of any obligation the obligations owing hereunder (the “Applicable Creditor”) shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than the currency in which such sum is stated to be due hereunder (the “Agreement Currency”)Dollars, be discharged only to the extent that, on the Business Day following receipt by the Applicable Creditor of any sum adjudged to be so due in the Judgment Currency, the Applicable Creditor may in accordance with normal banking procedures in the relevant jurisdiction purchase the Agreement Currency Dollars with the Judgment Currency; if the amount of the Agreement Currency Dollars so purchased is less than the sum originally due to the Applicable Creditor in the Agreement CurrencyDollars, the Borrower such party agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Applicable Creditor against such lossdeficiency. The obligations of the Borrower under parties contained in this Section 9.18 shall survive the termination of this Agreement and the payment of all other amounts owing hereunder.
Appears in 1 contract
Judgment Currency. (a) If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder or under any other Loan Document in one currency into another currency, each party hereto and each Loan Party (and by its acceptance of its appointment in such capacity, each Lead Arranger) agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which which, in accordance with normal banking procedures in the relevant jurisdiction jurisdiction, the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.
(b) The obligations of the Borrower Loan Parties in respect of any sum due to any party hereto or under any other Loan Document or any holder of any obligation the obligations owing hereunder or under any other Loan Document (the “Applicable Creditor”) shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than the currency in which such sum is stated to be due hereunder (the “Agreement Currency”), be discharged only to the extent that, on the Business Day following receipt by the Applicable Creditor of any sum adjudged to be so due in the Judgment Currency, the Applicable Creditor may in accordance with normal banking procedures in the relevant jurisdiction 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 Creditor in the Agreement Currency, the Borrower agreesBorrowers and each other Loan Party, as a separate obligation and notwithstanding any such judgment, agrees to indemnify the Applicable Creditor against such loss. The obligations of the Borrower under Loan Parties contained in this Section shall survive the termination of this Agreement and the payment of all other amounts owing hereunder.
Appears in 1 contract
Judgment Currency. (a) If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder in one currency into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.
(b) The obligations of the Borrower in respect of any sum due to any party hereto or any holder of any obligation owing hereunder (the “Applicable Creditor”) shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than the currency in which such sum is stated to be due hereunder (the “Agreement Currency”), be discharged only to the extent that, on the Business Day following receipt by the Applicable Creditor of any sum adjudged to be so due in the Judgment Currency, the Applicable Creditor may in accordance with normal banking procedures in the relevant jurisdiction 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 Creditor in the Agreement Currency, the Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Applicable Creditor against such loss. The obligations of the Borrower under this Section shall survive the termination of this Agreement Agreement, the resignation or removal of any Agent and the payment of all other amounts owing hereunder.. 141
Appears in 1 contract
Samples: Amendment Agreement and Joinder to Foreign Guarantee Agreement (Invacare Corp)
Judgment Currency. (a) If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder in one currency US Dollars into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency US Dollars could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.
(ba) The obligations of the Borrower each party hereto in respect of any sum due to any other party hereto or any holder of any obligation the obligations owing hereunder (the “Applicable Creditor”) shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than the currency in which such sum is stated to be due hereunder (the “Agreement Currency”)US Dollars, be discharged only to the extent that, on the Business Day following receipt by the Applicable Creditor of any sum adjudged to be so due in the Judgment Currency, the Applicable Creditor may in accordance with normal banking procedures in the relevant jurisdiction purchase the Agreement Currency US Dollars with the Judgment Currency; if the amount of the Agreement Currency US Dollars so purchased is less than the sum originally due to the Applicable Creditor in the Agreement CurrencyUS Dollars, the Borrower such party agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Applicable Creditor against such lossdeficiency. The obligations of the Borrower under parties contained in this Section shall survive the termination of this Agreement and the payment of all other amounts owing hereunder.
Appears in 1 contract
Samples: Amendment and Restatement Agreement (L Brands, Inc.)
Judgment Currency. (a) If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder in one currency into another currency, < 29 > each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which which, in accordance with normal banking procedures in the relevant jurisdiction jurisdiction, the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.
(b) The obligations of the Borrower in respect of any sum due to any party hereto or any holder of any obligation the obligations owing hereunder (the “"Applicable Creditor”") shall, notwithstanding any judgment in a currency (the “"Judgment Currency”") other than the currency in which such sum is stated to be due hereunder (the “"Agreement Currency”"), be discharged only to the extent that, on the Business Day following receipt by the Applicable Creditor of any sum adjudged to be so due in the Judgment Currency, the Applicable Creditor may in accordance with normal banking procedures in the relevant jurisdiction 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 Creditor in the Agreement Currency, the Borrower agrees, as a separate obligation and notwithstanding any such judgment, agrees to indemnify the Applicable Creditor against such loss. The obligations of the Borrower under contained in this Section shall survive the termination of this Agreement and the payment of all other amounts owing hereunder.
Appears in 1 contract
Judgment Currency. (a) If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder in one currency into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.
(b) The obligations of the Borrower in respect of any sum due to any party hereto or any holder of any obligation owing hereunder (the “Applicable Creditor”) shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than the currency in which such sum is stated to be due hereunder (the “Agreement Currency”), be discharged only to the extent that, on the Business Day following receipt by the Applicable Creditor Judgment Currency Agreement Currency of any sum adjudged to be so due in the Judgment Currency, the Applicable Creditor may in accordance with normal banking procedures in the relevant jurisdiction 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 Creditor in the Agreement Currency, Currency and the Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Applicable Creditor against such loss. The obligations of the Borrower under this Section shall survive the termination of this Agreement and the payment of all other amounts owing hereunder.
Appears in 1 contract
Judgment Currency. (a) Ifa)If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder in one currency into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.
(b) The obligations of the Borrower Issuer in respect of any sum due to any party hereto or any holder of any obligation the Obligations owing hereunder (the “Applicable Creditor”) shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than the currency in which such sum is stated to be due hereunder (the “Agreement Currency”), be discharged only to the extent that, on the Business Day following receipt by the Applicable Creditor of any sum adjudged to be so due in the Judgment Currency, the Applicable Creditor may in accordance with normal banking procedures in the relevant jurisdiction 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 Creditor in the Agreement Currency, the Borrower Issuer agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Applicable Creditor against such loss. The obligations of the Borrower under Issuer contained in this Section 12.15 shall survive the termination of this Agreement and the payment of all other amounts owing hereunder.
Appears in 1 contract
Samples: Note Purchase Agreement (Tailwind Two Acquisition Corp.)
Judgment Currency. (a) If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder in one currency Dollars into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency Dollars could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.
(b) The obligations of the Borrower each party hereto in respect of any sum due to any other party hereto or any holder of any obligation the obligations owing hereunder (the “Applicable Creditor”’) shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than the currency in which such sum is stated to be due hereunder (the “Agreement Currency”)Dollars, be discharged only to the extent that, on the Business Day following receipt by the Applicable Creditor of any sum adjudged to be so due in the Judgment Currency, the Applicable Creditor may in accordance with normal banking procedures in the relevant jurisdiction purchase the Agreement Currency Dollars with the Judgment Currency; if the amount of the Agreement Currency Dollars so purchased is less than the sum originally due to the Applicable Creditor in the Agreement CurrencyDollars, the Borrower such party agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Applicable Creditor against such lossdeficiency. The obligations of the Borrower under parties contained in this Section 9.15 shall survive survives the termination of this Agreement and the payment of all other amounts owing hereunder.
Appears in 1 contract
Judgment Currency. (a) If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder in one currency into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.
(b) The obligations of the Borrower in respect of any sum due to any party hereto or any holder of any obligation the Obligations owing hereunder (the “Applicable Creditor”) shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than the currency in which such sum is stated to be due hereunder (the “Agreement Currency”), be discharged only to the extent that, on the Business Day following receipt by the Applicable Creditor of any sum adjudged to be so due in the Judgment Currency, the Applicable Creditor may in accordance with normal banking procedures in the relevant jurisdiction purchase the Agreement Currency with the Judgment Currency; if the amount of the Agreement Currency so purchased is in less than the sum originally due to the Applicable Creditor in the Agreement Currency, the Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Applicable Creditor against such loss. The obligations of the Borrower under contained in this Section 9.18 shall constitute part of the Obligations, be secured by the Collateral and survive the termination of this Agreement and the payment of all other amounts Obligations owing hereunder.
Appears in 1 contract
Samples: Credit Agreement (Dana Holding Corp)
Judgment Currency. (a) If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder in one currency into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.
(b) The obligations of the Borrower in respect of any sum due to any party hereto or any holder of any obligation owing hereunder (the “Applicable Creditor”) shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than the currency in which such sum is stated to be due hereunder (the “Agreement Currency”), be discharged only to the extent that, on the Business Day following receipt by the Applicable Creditor of any sum adjudged to be so due in the Judgment Currency, the Applicable Creditor may in accordance with normal banking procedures in the relevant jurisdiction purchase the Agreement Currency with the Judgment Currency; if the amount of the Agreement Currency so purchased is less than 140 the sum originally due to the Applicable Creditor in the Agreement Currency, the Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Applicable Creditor against such loss. The obligations of the Borrower under this Section shall survive the termination of this Agreement Agreement, the resignation or removal of any Agent and the payment of all other amounts owing hereunder.
Appears in 1 contract
Samples: Superpriority Secured Debtor in Possession Credit Agreement (Invacare Corp)
Judgment Currency. (a) If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder in one currency into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which which, in accordance with normal banking procedures in the relevant jurisdiction jurisdiction, the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.
(b) The obligations of the each Borrower in respect of any sum due to any party hereto or any holder of any obligation the obligations owing hereunder (the “Applicable Creditor”) shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than the currency in which such sum is stated to be due hereunder (the “Agreement Currency”), be discharged only to the extent that, on the Business Day following receipt by the Applicable Creditor of any sum adjudged to be so due in the Judgment Currency, the Applicable Creditor may in accordance with normal banking procedures in the relevant jurisdiction 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 Creditor in the Agreement Currency, the relevant Borrower agrees, as a separate obligation and notwithstanding any such judgment, agrees to indemnify the Applicable Creditor against such loss. The obligations of the Borrower under Borrowers contained in this Section 2.21 shall survive the termination of this Agreement and the payment of all other amounts owing hereunder.
Appears in 1 contract
Samples: Credit Agreement (Genzyme Corp)
Judgment Currency. (a) If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder in one currency U.S. Dollars into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency U.S. Dollars could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.
(b) The obligations of the Borrower each party hereto in respect of any sum due to any other party hereto or any holder of any obligation the obligations owing hereunder (the “"Applicable Creditor”") shall, notwithstanding any judgment in a currency (the “"Judgment Currency”") other than the currency in which such sum is stated to be due hereunder (the “Agreement Currency”)U.S. Dollars, be discharged only to the extent that, on the Business Day following receipt by the Applicable Creditor of any sum adjudged to be so due in the Judgment Currency, the Applicable Creditor may in accordance with normal banking procedures in the relevant jurisdiction purchase the Agreement Currency U.S. Dollars with the Judgment Currency; if the amount of the Agreement Currency U.S. Dollars so purchased is less than the sum originally due to the Applicable Creditor in the Agreement CurrencyU.S. Dollars, the Borrower such party agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Applicable Creditor against such lossdeficiency. The obligations of the Borrower under parties contained in this Section 9.18 shall survive the termination of this Agreement and the payment of all other amounts owing hereunder.
Appears in 1 contract
Samples: Refinancing Facility Agreement (Minerals Technologies Inc)
Judgment Currency. (a) If, for the purpose purposes of obtaining judgment in any court, it is necessary to convert a sum owing due hereunder or any other Loan Document in one currency into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction Administrative Agent could purchase the first currency could be purchased with such other currency on the Business Day immediately preceding the day that on which final judgment is given.
(b) . The obligations obligation of the Borrower in respect of any such sum due from it to any party hereto the Administrative Agent or any holder of any obligation owing Lender hereunder (or under the “Applicable Creditor”) other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than the currency that in which such sum is stated to be due hereunder denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that, that on the Business Day following receipt by the Applicable Creditor Administrative Agent or such Lender, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Applicable Creditor Administrative Agent or such Lender, as the case may be, may in accordance with normal banking procedures in the relevant jurisdiction purchase the Agreement Currency with the Judgment Currency; if . If the amount of the Agreement Currency so purchased is less than the sum originally due to the Applicable Creditor Administrative Agent or any Lender from the Borrower in the Agreement Currency, the Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Applicable Creditor Administrative Agent or such Lender, as the case may be, against such loss. The obligations provisions of this Section 10.20 shall survive the payment in full of Obligations, the termination of the Borrower under this Section shall survive Commitments and the termination of this Agreement and the payment of all other amounts owing hereunderAgreement.
Appears in 1 contract
Judgment Currency. (a) If, for the purpose purposes of obtaining judgment in any court, it is necessary to convert a sum owing due hereunder or any other Guarantor Document in one currency into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction Administrative Agent could purchase the first currency could be purchased with such other currency on the Business Day immediately preceding the day that on which final judgment is given.
(b) . The obligations obligation of the Borrower any Guarantor in respect of any such sum due from it to any party hereto Guaranteed Party hereunder or any holder of any obligation owing hereunder (under the “Applicable Creditor”) other Guarantor Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than the currency that in which such sum is stated to be due hereunder denominated in accordance with the applicable provisions of the Credit Agreement (the “Agreement Currency”), be discharged only to the extent that, that on the Business Day following receipt by the Applicable Creditor Administrative Agent of any sum adjudged to be so due in the Judgment Currency, the Applicable Creditor Administrative Agent may in accordance with normal banking procedures in the relevant jurisdiction purchase the Agreement Currency with the Judgment Currency; if . If the amount of the Agreement Currency so purchased is less than the sum originally due to the Applicable Creditor Administrative Agent from such Guarantor in the Agreement Currency, the Borrower such Guarantor agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Applicable Creditor Administrative Agent or the Person to whom such obligation was owing against such loss. The obligations If the amount of the Borrower Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent in such currency, the Administrative Agent (by its acceptance hereof) agrees to return the amount of any excess to such Guarantor (or to any other Person who may be entitled thereto under applicable law). The agreements in this Section 26 shall survive the termination of this Agreement the Commitments and the payment repayment of all other amounts owing hereunderGuaranteed Obligations.
Appears in 1 contract
Judgment Currency. (a) If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder in one currency into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.
(b) The obligations of the Borrower in respect of any sum due to any party hereto or any holder of any obligation owing hereunder (the “Applicable Creditor”) shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than the currency in which such sum is stated to be due hereunder (the “Agreement Currency”), be discharged only to the extent that, on the Business Day following receipt by the Applicable Creditor of any sum adjudged to be so due in the Judgment Currency, the Applicable Creditor may in accordance with normal banking procedures in the relevant jurisdiction 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 Creditor in the Agreement Currency, the Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Applicable Creditor against such loss. The obligations of the Borrower under this Section shall survive the termination of this Agreement and the payment of all other amounts owing hereunder.. SECTION
Appears in 1 contract
Samples: Credit Agreement (GoHealth, Inc.)
Judgment Currency. (a) If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder in one currency into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.
(b) The obligations of the Borrower in respect of any sum due to any party hereto or any holder of any obligation owing hereunder (the “Applicable Creditor”) shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than the currency in which such sum is stated to be due hereunder (the “Agreement Currency”), be discharged only to the extent that, on the Business Day following receipt by the Applicable Creditor of any sum adjudged to be so due in the Judgment Currency, the Applicable Creditor may in accordance with normal banking procedures in the relevant jurisdiction 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 Creditor in the Agreement Currency, the Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Applicable Creditor against such loss. The obligations of the Borrower under this Section 10.23 shall survive the termination of this Agreement and the payment of all other amounts owing hereunder.
Appears in 1 contract
Samples: Senior Secured Term Loan Facility Agreement (Home Loan Servicing Solutions, Ltd.)
Judgment Currency. (a) If, for the purpose purposes of obtaining judgment in any court, it is necessary to convert a sum owing due hereunder or any other Guarantor Document in one currency into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction Administrative Agent could purchase the first currency could be purchased with such other currency on the Business Day immediately preceding the day that on which final judgment is given.
(b) . The obligations obligation of the Borrower each Guarantor in respect of any such sum due from it to any party hereto Guaranteed Party hereunder or any holder of any obligation owing hereunder (under the “Applicable Creditor”) other Guarantor Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than the currency that in which such sum is stated to be due hereunder denominated in accordance with the applicable provisions of the Credit Agreement (the “Agreement Currency”), be discharged only to the extent that, that on the Business Day following receipt by the Applicable Creditor Administrative Agent of any sum adjudged to be so due in the Judgment Currency, the Applicable Creditor Administrative Agent may in accordance with normal banking procedures in the relevant jurisdiction purchase the Agreement Currency with the Judgment Currency; if . If the amount of the Agreement Currency so purchased is less than the sum originally due to the Applicable Creditor Administrative Agent from the Guarantor in the Agreement Currency, the Borrower Guarantor agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Applicable Creditor Administrative Agent or the Person to whom such obligation was owing against such loss. The obligations If the amount of the Borrower Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent in such currency, the Administrative Agent (by its acceptance hereof) agrees to return the amount of any excess to the Guarantor (or to any other Person who may be entitled thereto under applicable law). The agreements in this Section 24 shall survive the termination of this Agreement the Commitments and the payment repayment of all other amounts owing hereunderGuaranteed Obligations.
Appears in 1 contract
Judgment Currency. (a) If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder in one currency into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.
(b) The obligations of the Borrower in respect of any sum due to any party hereto or any holder of any obligation owing hereunder (the “Applicable Creditor”) shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than the currency in which such sum is stated to be due hereunder (the “Agreement Currency”), be discharged only to the extent that, on the Business Day following receipt by the Applicable Creditor of any sum adjudged to be so due in the Judgment Currency, the Applicable Creditor may in accordance with normal banking procedures in the relevant jurisdiction 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 Creditor in the Agreement Currency, Currency and the Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Applicable Creditor against such loss. The obligations of the Borrower under this Section shall survive the termination of this Agreement and the payment of all other amounts owing hereunder.
Appears in 1 contract
Judgment Currency. (a) If, for the purpose purposes of obtaining judgment in any court, it is necessary to convert a sum owing due hereunder or any other Guarantor Document in one currency into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction Administrative Agent could purchase the first currency could be purchased with such other currency on the Business Day immediately preceding the day that on which final judgment is given.
(b) . The obligations obligation of the Borrower each Guarantor in respect of any such sum due from it to any party hereto Guaranteed Party hereunder or any holder of any obligation owing hereunder (under the “Applicable Creditor”) other Guarantor Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than the currency that in which such sum is stated to be due hereunder denominated in accordance with the applicable provisions of the Credit Agreement (the “Agreement Currency”), be discharged only to the extent that, that on the Business Day following receipt by the Applicable Creditor Administrative Agent of any sum adjudged to be so due in the Judgment Currency, the Applicable Creditor Administrative Agent may in accordance with normal banking procedures in the relevant jurisdiction purchase the Agreement Currency with the Judgment Currency; if . If the amount of the Agreement Currency so purchased is less than the sum originally due to the Applicable Creditor Administrative Agent from any Guarantor in the Agreement Currency, the Borrower such Guarantor agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Applicable Creditor Administrative Agent or the Person to whom such obligation was owing against such loss. The obligations If the amount of the Borrower Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent in such currency, the Administrative Agent (by its acceptance hereof) agrees to return the amount of any excess to such Guarantor (or to any other Person who may be entitled thereto under applicable law). The agreements in this Section 25 shall survive the termination of this Agreement the Commitments and the payment repayment of all other amounts owing hereunderGuaranteed Obligations.
Appears in 1 contract
Samples: Credit Agreement (Flex Ltd.)
Judgment Currency. (a) If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder in one currency into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.
(b) The obligations of the Borrower any Note Party in respect of any sum due to any party hereto or any holder of any obligation the Obligations owing hereunder (the “Applicable Creditor”) shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than the currency in which such sum is stated to be due hereunder (the “Agreement Currency”), be discharged only to the extent that, on the Business Day following receipt by the Applicable Creditor of any sum adjudged to be so due in the Judgment Currency, the Applicable Creditor may in accordance with normal banking procedures in the relevant jurisdiction 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 Creditor in the Agreement Currency, the Borrower each Note Party agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Applicable Creditor against such loss. The obligations of the Borrower under Note Parties contained in this Section 12.16 shall survive the termination of this Agreement and the payment of all other amounts owing hereunder.. \DC - 031561/000013 - 10875187 v5 \DC - 031561/000013 - 10875187 v7 \DC - 031561/000013 - 10875187 v9
Appears in 1 contract
Judgment Currency. (a) If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder in one currency U.S. Dollars into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency U.S. Dollars could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.
(b) The obligations of the Borrower each party hereto in respect of any sum due to any other party hereto or any holder of any obligation the obligations owing hereunder (the “Applicable Creditor”) shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than the currency in which such sum is stated to be due hereunder (the “Agreement Currency”)U.S. Dollars, be discharged only to the extent that, on the Business Day following receipt by the Applicable Creditor of any sum adjudged to be so due in the Judgment Currency, the Applicable Creditor may in accordance with normal banking procedures in the relevant jurisdiction purchase the Agreement Currency U.S. Dollars with the Judgment Currency; if the amount of the Agreement Currency U.S. Dollars so purchased is less than the sum originally due to the Applicable Creditor in the Agreement CurrencyU.S. Dollars, the Borrower such party agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Applicable Creditor against such lossdeficiency. The obligations of the Borrower under parties contained in this Section shall survive the termination of this Agreement and the payment of all other amounts owing hereunder.
Appears in 1 contract
Samples: Restructuring Support Agreement (Starry Group Holdings, Inc.)
Judgment Currency. (a) If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder in one currency into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which which, in accordance with normal banking procedures in the relevant jurisdiction jurisdiction, the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.
(b) The obligations of the Borrower in respect of any sum due to any party hereto or any holder of any obligation the obligations owing hereunder (the “Applicable Creditor”) shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than the currency in which such sum is stated to be due hereunder (the “Agreement Currency”), be discharged only to the extent that, on the Business Day following receipt by the Applicable Creditor of any sum adjudged to be so due in the Judgment Currency, the Applicable Creditor may in accordance with normal banking procedures in the relevant jurisdiction 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 Creditor in the Agreement Currency, the Borrower agreesBorrower, as a separate obligation and notwithstanding any such judgment, agrees to indemnify the Applicable Creditor against such loss. The obligations of the Borrower under contained in this Section shall survive the termination of this Agreement and the payment of all other amounts owing hereunder.
Appears in 1 contract
Samples: Credit Agreement (Lam Research Corp)
Judgment Currency. (a) If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder or under any other Loan Document in one currency into another currency, each party hereto and each Loan Party (and by its acceptance of its appointment in such capacity, each Lead Arranger) agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which which, in accordance with normal banking procedures in the relevant jurisdiction jurisdiction, the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.
(b) The obligations of the Borrower Loan Parties in respect of any sum due to any party hereto or under any other Loan Document or any holder of any obligation the obligations owing hereunder or under any other Loan Document (the “Applicable Creditor”) shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than the currency in which such sum is stated to be due hereunder (the “Agreement Currency”), be discharged only to the extent that, on the Business Day following receipt by the Applicable Creditor of any sum adjudged to be so due in the Judgment Currency, the Applicable Creditor may in accordance with normal banking procedures in the relevant jurisdiction 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 Creditor in the Agreement Currency, the Borrower agreesand each other Loan Party, as a separate obligation and notwithstanding any such judgment, agrees to indemnify the Applicable Creditor against such loss. The obligations of the Borrower under Loan Parties contained in this Section shall survive the termination of this Agreement and the payment of all other amounts owing hereunder.
Appears in 1 contract
Samples: First Lien Credit Agreement (Petco Health & Wellness Company, Inc.)
Judgment Currency. (a) If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder in one currency into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.
(b) The obligations of the any Borrower in respect of any sum due to any party hereto or any holder of any obligation the obligations owing hereunder (the “"Applicable Creditor”") shall, notwithstanding any judgment in a currency (the “"Judgment Currency”") other than the currency in which such sum is stated to be due hereunder (the “"Agreement Currency”"), be discharged only to the extent that, on the Business Day following receipt by the Applicable Creditor of any sum adjudged to be so due in the Judgment Currency, the Applicable Creditor may in accordance with normal banking procedures in the relevant jurisdiction 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 Creditor in the Agreement Currency, the such Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Applicable Creditor against such loss. The obligations of the Borrower under Borrowers contained in this Section 9.14 shall survive the termination of this Agreement and the payment of all other amounts owing hereunder.
Appears in 1 contract
Samples: Credit Agreement (Gleason Corp /De/)
Judgment Currency. (a) If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder in one currency into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.
(b) The obligations of the Borrower in respect of any sum due to any party hereto or any holder of any obligation owing hereunder (the “Applicable Creditor”) shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than the currency in which such sum is stated to be due hereunder (the “Agreement Currency”), be discharged only to the extent that, on the Business Day following receipt by the Applicable Creditor of any sum adjudged to be so due in the Judgment Currency, the Applicable Creditor may in accordance with normal banking procedures in the relevant jurisdiction 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 Creditor in the Agreement Currency, the Borrower Company agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Applicable Creditor against such loss. The obligations of the Borrower under this Section shall survive the termination of this Agreement and the payment of all other amounts owing hereunder.
Appears in 1 contract
Judgment Currency. (a) If, for the purpose of obtaining or enforcing any judgment or judicial award or order in any court, or in any jurisdiction, it is necessary to convert a sum owing hereunder in one Dollars into or from any currency into another currencyother than Dollars, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final the judgment or judicial award or order is given.
(b) The obligations of the each Borrower in respect of any sum due to any party hereto or any holder of any obligation the Obligations owing hereunder (the “"Applicable Creditor”") shall, notwithstanding any judgment or judicial award or order in a currency (the “"Judgment Currency”") other than the currency in which such sum is stated to be due hereunder (the “Agreement Currency”)Dollars, be discharged only to the extent that, that on the Business Day following receipt by the Applicable Creditor of any sum adjudged to be so due in the Judgment Currency, the Applicable Creditor may in accordance with normal banking procedures in the relevant jurisdiction purchase the Agreement Currency Dollars with the Judgment Currency; if the amount of the Agreement Currency Dollars so purchased is less than the sum originally due to the Applicable Creditor in the Agreement CurrencyDollars, the such Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Applicable Creditor against such loss. The obligations of the Borrower under Borrowers contained in this Section 2.17 shall survive the termination of this Agreement and the payment of all other amounts owing hereunder.
Appears in 1 contract
Judgment Currency. (a) If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder in one currency into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.
(b) The obligations of the Borrower in respect of any sum due to any party hereto or any holder of any obligation the obligations owing hereunder (the “Applicable Creditor”) shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than the currency in which such sum is stated to be due hereunder (the “Agreement Currency”), be discharged only to the extent that, on the Business Day following receipt by the Applicable Creditor of any sum adjudged to be so due in the Judgment Currency, the Applicable Creditor may in accordance with normal banking procedures in the relevant jurisdiction 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 Creditor in the Agreement Currency, the Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Applicable Creditor against such loss. The obligations of the Borrower under Borrowers contained in this Section Clause 10.13 shall survive the termination of this Agreement and the payment of all other amounts owing hereunder.
Appears in 1 contract
Judgment Currency. (a) If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder in one currency into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which which, in accordance with normal banking procedures in the relevant jurisdiction jurisdiction, the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.
(b) The obligations of the Borrower in respect of any sum due to any party hereto or any holder of any obligation the obligations owing hereunder (the “Applicable Creditor”) shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than the currency in which such sum is stated to be due hereunder (the “Agreement Currency”), be discharged only to the extent that, on the Business Day following receipt by the Applicable Creditor of any sum adjudged to be so due in the Judgment Currency, the Applicable Creditor may in accordance with normal banking procedures in the relevant jurisdiction 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 Creditor in the Agreement Currency, the Borrower agrees, as a separate obligation and notwithstanding any such judgment, agrees to indemnify the Applicable Creditor against such loss. The obligations of the Borrower under contained in this Section 2.24 shall survive the termination of this Agreement and the payment of all other amounts owing hereunder.
Appears in 1 contract
Samples: Term Loan Facility (Synopsys Inc)
Judgment Currency. (a) If, for the purpose purposes of obtaining judgment in any court, it is necessary to convert a sum owing due hereunder or any other Loan Document in one currency into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction Administrative Agent could purchase the first currency could be purchased with such other currency on the Business Day immediately preceding the day that on which final judgment is given.
(b) . The obligations obligation of the Borrower in respect of any such sum due from it to any party hereto the Administrative Agent or any holder of any obligation owing Lender hereunder (or under the “Applicable Creditor”) other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than the currency that in which such sum is stated to be due hereunder denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that, that on the Business Day following receipt by the Applicable Creditor Administrative Agent or such Lender, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Applicable Creditor Administrative Agent or such Lender, as the case may be, may in accordance with normal banking procedures in the relevant jurisdiction purchase the Agreement Currency with the Judgment Currency; if . If the amount of the Agreement Currency so purchased is less than the sum originally due to the Applicable Creditor Administrative Agent or any Lender from the Borrower in the Agreement Currency, the Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Applicable Creditor Administrative Agent or such Lender, as the case may be, against such loss. The obligations provisions of this Section 10.22 shall survive the payment in full of the Borrower under this Section shall survive Obligations, the termination of the Commitments and the termination of this Agreement and the payment of all other amounts owing hereunderAgreement.
Appears in 1 contract
Judgment Currency. (a) i. If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder in one currency into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.
(b) ii. The obligations of the Borrower in respect of any sum due to any party hereto or any holder of any obligation owing hereunder (the “Applicable Creditor”) shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than the currency in which such sum is stated to be due hereunder (the “Agreement Currency”), be discharged only to the extent that, on the Business Day following receipt by the Applicable Creditor of any sum adjudged to be so due in the Judgment Currency, the Applicable Creditor may in accordance with normal banking procedures in the relevant jurisdiction 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 Creditor in the Agreement Currency, the Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Applicable Creditor against such loss. The obligations of the Borrower under this Section shall survive the termination of this Agreement and the payment of all other amounts owing hereunder.
Appears in 1 contract
Judgment Currency. (a) If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder in one currency into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.
(b) . The obligations of the Borrower each Subsidiary Guarantor in respect of any sum due to any party hereto or any holder of any obligation the obligations owing hereunder (the “Applicable Creditor”) shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than the currency in which such sum is stated to be due hereunder (the “Agreement Currency”), be discharged only to the extent that, on the Business Day following receipt by the Applicable Creditor of any sum adjudged to be so due in the Judgment Currency, the Applicable Creditor may in accordance with normal banking procedures in the relevant jurisdiction 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 Creditor in the Agreement Currency, the Borrower such Subsidiary Guarantor agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Applicable Creditor against such loss. The obligations of the Borrower under Subsidiary Guarantors contained in this Section 22 shall survive the termination of this Agreement Guaranty and the payment of all other amounts owing hereunder.
Appears in 1 contract
Samples: Credit Agreement (Schulman a Inc)
Judgment Currency. (a) If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder in one currency into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.
(b) The obligations of the Borrower each Guarantor in respect of any sum due to any party hereto or any holder of any obligation the obligations owing hereunder (the “Applicable Creditor”) shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than the currency in which such sum is stated to be due hereunder (the “Agreement Currency”), be discharged only to the extent that, on the Business Day following receipt by the Applicable Creditor of any sum adjudged to be so due in the Judgment Currency, the Applicable Creditor may in accordance with normal banking procedures in the relevant jurisdiction 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 Creditor in the Agreement Currency, the Borrower such Guarantor agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Applicable Creditor against such loss, and if the amount of the Agreement Currency so purchased exceeds the sum originally due to the Applicable Creditor in the Agreement Currency, the Applicable Creditor shall refund the amount of such excess to the applicable Guarantor. The obligations of the Borrower under parties contained in this Section 23 shall survive the termination of this Agreement and the payment of all other amounts owing hereunder.hereunder.¶
Appears in 1 contract
Judgment Currency. (a) If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder in one currency into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.
(b) The obligations of the Borrower each Loan Party in respect of any sum due to any party hereto or any holder of any obligation the obligations owing hereunder (the “Applicable Creditor”) shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than the currency in which such sum is stated to be due hereunder (the “Agreement Currency”), be discharged only to the extent that, on the Business Day following receipt by the Applicable Creditor of any sum adjudged to be so due in the Judgment Currency, the Applicable Creditor may in accordance with normal banking procedures in the relevant jurisdiction 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 Creditor in the Agreement Currency, the Borrower each Loan Party agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Applicable Creditor against such loss, and if the amount of the Agreement Currency so purchased exceeds the sum originally due to the Applicable Creditor in the Agreement Currency, the Applicable Creditor shall refund the amount of such excess to the applicable Loan Party. The obligations of the Borrower under parties contained in this Section 10.14 shall survive the termination of this Agreement and the payment of all other amounts owing hereunder.
Appears in 1 contract
Judgment Currency. (a) If, If for the purpose of obtaining judgment in any court, court it is necessary to convert a sum owing due hereunder in one currency into another currency, each party the parties hereto agreesagree, to the fullest extent that it they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction Administrative Agent could purchase the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.. 105
(b) The obligations of Parent and the Borrower Borrowers in respect of this Agreement, the other Loan Documents and any sum Note due to any party hereto or any holder of any obligation owing hereunder (the “Applicable Creditor”) shall, notwithstanding any judgment in a currency (the “Judgment Currency”"judgment currency") other than the currency in which the sum originally due to such sum party is stated to be due hereunder denominated (the “Agreement Currency”"original currency"), be discharged only to the extent that, that on the Business Day following receipt by the Applicable Creditor such party of any sum adjudged to be so due in the Judgment Currency, the Applicable Creditor judgment currency such party may in accordance with normal banking procedures in the relevant jurisdiction purchase the Agreement Currency original currency with the Judgment Currencyjudgment currency; if the amount of the Agreement Currency original currency so purchased is less than the sum originally due to the Applicable Creditor such party in the Agreement Currencyoriginal currency, the Parent or such Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Applicable Creditor such party against such loss. The obligations , and if the amount of the Borrower under original currency so purchased exceeds the sum originally due to any party to this Section Agreement, such party, agrees to remit to Parent or such Borrower, as applicable, such excess. This covenant shall survive the termination of this Agreement and the payment of the Loans and all other amounts owing payable hereunder.
Appears in 1 contract
Samples: Credit Agreement (Dirsamex Sa De Cv)
Judgment Currency. (a) If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder in one currency into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.
(ba) The obligations of the Borrower Borrowers in respect of any sum due to any party hereto or any holder of any obligation owing hereunder (the “Applicable Creditor”) shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than the currency in which such sum is stated to be due hereunder (the “Agreement Currency”), be discharged only to the extent that, on the Business Day following receipt by the Applicable Creditor of any sum adjudged to be so due in the Judgment Currency, the Applicable Creditor may in accordance with normal banking procedures in the relevant jurisdiction 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 Creditor in the Agreement Currency, the Borrower agreesBorrowers agree, as a separate obligation and notwithstanding any such judgment, to indemnify the Applicable Creditor against such loss. The obligations of the Borrower Borrowers under this Section shall survive the termination of this Agreement and the payment of all other amounts owing hereunder.
Appears in 1 contract
Samples: Credit Agreement (Lindblad Expeditions Holdings, Inc.)
Judgment Currency. (a) If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder in one currency into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.
(ba) The obligations of the any Borrower in respect of any sum due to any party hereto or any holder of any obligation the obligations owing hereunder (the “Applicable Creditor”"APPLICABLE CREDITOR") shall, notwithstanding any judgment in a currency (the “Judgment Currency”"JUDGMENT CURRENCY") other than the currency in which such sum is stated to be due hereunder (the “Agreement Currency”"AGREEMENT CURRENCY"), be discharged only to the extent that, on the Business Day following receipt by the Applicable Creditor of any sum adjudged to be so due in the Judgment Currency, the Applicable Creditor may in accordance with normal banking procedures in the relevant jurisdiction 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 Creditor in the Agreement Currency, the Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Applicable Creditor against such loss. The obligations of the each Borrower under contained in this Section 9.15 shall survive the termination of this Agreement and the payment of all other amounts owing hereunder.
Appears in 1 contract
Samples: Credit Agreement (Solectron Corp)
Judgment Currency. (a) If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder in one currency into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.
(b) The obligations of the Borrower Seller in respect of any sum due to any party hereto or any holder of any obligation the obligations owing hereunder (the “Applicable Creditor”) shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than the currency in which such sum is stated to be due hereunder (the “Agreement Currency”), be discharged only to the extent that, on the Business Day following receipt by the Applicable Creditor of any sum adjudged to be so due in the Judgment Currency, the Applicable Creditor may in accordance with normal banking procedures in the relevant jurisdiction 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 Creditor in the Agreement Currency, the Borrower Seller agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Applicable Creditor against such lossloss and if the amount of the Agreement Currency so purchased is more than the sum originally due to the Applicable Creditor in the Agreement Currency, such Applicable Creditor agrees to return any such excess to the Seller. The obligations of the Borrower under Seller contained in this Section 11.15 shall survive the termination of this Agreement and the payment of all other amounts owing hereunder.
Appears in 1 contract
Samples: Securitization Agreement (Bunge LTD)
Judgment Currency. (a) If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder in one currency into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.
(b) The obligations of the Borrower in respect of any sum due to any party hereto or any holder of any obligation the obligations owing hereunder (the “"Applicable Creditor”") shall, notwithstanding any judgment in a currency (the “"Judgment Currency”") other than the currency in which such sum is stated to be due hereunder (the “"Agreement Currency”"), be discharged only to the extent that, on the Business Day following receipt by the Applicable Creditor of any sum adjudged to be so due in the Judgment Currency, the Applicable Creditor may in accordance with normal banking procedures in the relevant jurisdiction 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 Creditor in the Agreement Currency, the Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Applicable Creditor against such loss. The obligations of the Borrower under contained in this Section 9.14 shall survive the termination of this Agreement and the payment of all other amounts owing hereunder.
Appears in 1 contract
Samples: Credit Agreement (NCR Corp)
Judgment Currency. (a) If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder in one (1) currency into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction jurisdiction, the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.
(b) The obligations obligation of the any Borrower in respect of any sum due to any party hereto or any holder of any obligation the obligations owing hereunder (the “Applicable Creditor”"APPLICABLE CREDITOR") shall, notwithstanding any judgment in a currency (the “Judgment Currency”"JUDGMENT CURRENCY") other than the currency in which such sum is stated to be due hereunder (the “Agreement Currency”"AGREEMENT CURRENCY"), be discharged only to the extent that, on the Business Day following receipt by the Applicable Creditor of any sum adjudged to be so due in the Judgment Currency, the Applicable Creditor may in accordance with normal banking procedures in the relevant jurisdiction 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 Creditor in the Agreement Currency, the such Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Applicable Creditor against such loss. The obligations of the Borrower under Borrowers contained in this Section shall survive the termination of this Agreement and the payment of all other amounts owing hereunder.
Appears in 1 contract
Judgment Currency. (a) If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder in one currency into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.
(b) The obligations of the Borrower in respect of any sum due to any party hereto or any holder of any obligation the obligations owing hereunder (the “Applicable Creditor”) shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than the currency in which such sum is stated to be due hereunder (the “Agreement Currency”), be discharged only to the extent that, on the Business Day following receipt by the Applicable Creditor of any sum adjudged to be so due in the Judgment Currency, the Applicable Creditor may in accordance with normal banking procedures in the relevant jurisdiction 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 Creditor in the Agreement Currency, the Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Applicable Creditor against such loss. The obligations of the Borrower under contained in this Section 8.14 shall survive the termination of this Agreement and the payment of all other amounts owing hereunder.
Appears in 1 contract
Samples: Credit Agreement (Knowles Electronics Holdings Inc)
Judgment Currency. (a) If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder in one currency dollars into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency U.S. dollars could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.
(b) The obligations of the Borrower each party hereto in respect of any sum due to any other party hereto or any holder of any obligation the obligations owing hereunder (the “Applicable Creditor”) shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than the currency in which such sum is stated to be due hereunder (the “Agreement Currency”)U.S. dollars, be discharged only to the extent that, on the Business Day following receipt by the Applicable Creditor of any sum adjudged to be so due in the Judgment Currency, the Applicable Creditor may in accordance with normal banking procedures in the relevant jurisdiction purchase the Agreement Currency U.S. dollars with the Judgment Currency; if the amount of the Agreement Currency U.S. dollars so purchased is less than the sum originally due to the Applicable Creditor in the Agreement CurrencyU.S. dollars, the Borrower such party agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Applicable Creditor against such lossdeficiency. The obligations of the Borrower under parties contained in this Section shall survive the termination of this Agreement and the payment of all other amounts owing hereunder.
Appears in 1 contract
Samples: Credit Agreement (GoPro, Inc.)
Judgment Currency. (a) If, If for the purpose of obtaining judgment in any court, court it is necessary to convert a sum owing due hereunder in one currency into another currency, each party the parties hereto agreesagree, to the fullest extent that it they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction Administrative Agent could purchase the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.
(b) The obligations of Parent and the Borrower Borrowers in respect of this Agreement, the other Loan Documents and any sum Note due to any party hereto or any holder of any obligation owing hereunder (the “Applicable Creditor”) shall, notwithstanding any judgment in a currency (the “Judgment Currency”"judgment currency") other than the currency in which the sum originally due to such sum party is stated to be due hereunder denominated (the “Agreement Currency”"original currency"), be discharged only to the extent that, that on the Business Day following receipt by the Applicable Creditor such party of any sum adjudged to be so 104 due in the Judgment Currency, the Applicable Creditor judgment currency such party may in accordance with normal banking procedures in the relevant jurisdiction purchase the Agreement Currency original currency with the Judgment Currencyjudgment currency; if the amount of the Agreement Currency original currency so purchased is less than the sum originally due to the Applicable Creditor such party in the Agreement Currencyoriginal currency, the Parent or such Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Applicable Creditor such party against such loss. The obligations , and if the amount of the Borrower under original currency so purchased exceeds the sum originally due to any party to this Section Agreement, such party, agrees to remit to Parent or such Borrower, as applicable, such excess. This covenant shall survive the termination of this Agreement and the payment of the Loans and all other amounts owing payable hereunder.
Appears in 1 contract
Samples: Credit Agreement (Jafra Worldwide Holdings Lux Sarl)
Judgment Currency. (a) If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder in one currency into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.
(b) The obligations obligation of the any Borrower in respect of any sum due to any party hereto or any holder of any obligation the obligations owing hereunder (the “Applicable Creditor”"APPLICABLE CREDITOR") shall, notwithstanding any judgment in a currency (the “Judgment Currency”"JUDGMENT CURRENCY") other than the currency in which such sum is stated to be due hereunder (the “Agreement Currency”"AGREEMENT CURRENCY"), be discharged only to the extent that, on the Business Day following receipt by the Applicable Creditor of any sum adjudged to be so due in the Judgment Currency, the Applicable Creditor may in accordance with normal banking procedures in the relevant jurisdiction 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 Creditor in the Agreement Currency, the such Borrower agrees, as a separate obligation and notwithstanding any such judgmentjudgement, to indemnify the Applicable Creditor against such loss. The obligations of the Borrower under Borrowers contained in this Section shall survive the termination of this Agreement and the payment of all other amounts owing hereunder.
Appears in 1 contract
Judgment Currency. (a) If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder or under any other Loan Document in one currency into another currency, each party hereto and each Loan Party (and by its acceptance of its appointment in such capacity, each Lead Arranger) agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which which, in accordance with normal banking procedures in the relevant jurisdiction jurisdiction, the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.
(b) The obligations of the Borrower Loan Parties in respect of any sum due to any party hereto or under any other Loan Document or any holder of any obligation the obligations owing hereunder or under any other Loan Document (the “Applicable Creditor”) shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than the currency in which such sum is stated to be due hereunder (the “Agreement Currency”), be discharged only to the extent that, on the Business Day following receipt by the Applicable Creditor of any sum adjudged to be so due in the Judgment Currency, the Applicable Creditor may in accordance with normal banking procedures in the relevant jurisdiction 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 Creditor in the Agreement Currency, the Borrower agrees, and each other Loan Party as a separate obligation and notwithstanding any such judgment, agrees to indemnify the Applicable Creditor against such loss. The obligations of the Borrower under Loan Parties contained in this Section shall survive the termination of this Agreement and the payment of all other amounts owing hereunder.
Appears in 1 contract
Samples: Abl Revolving Credit Agreement (Petco Health & Wellness Company, Inc.)
Judgment Currency. (a) If, If for the purpose of obtaining judgment in any court, court it is necessary to convert a sum owing due hereunder in one currency into another currency, each party the parties hereto agreesagree, to the fullest extent that it they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction Administrative Agent could purchase the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.
(b) The obligations of Parent and the Borrower Borrowers in respect of this Agreement, the other Loan Documents and any sum Note due to any party hereto or any holder of any obligation owing hereunder (the “Applicable Creditor”) shall, notwithstanding any judgment in a currency (the “Judgment Currency”"judgment currency") other than the currency in which the sum originally due to such sum party is stated to be due hereunder denominated (the “Agreement Currency”"original currency"), be discharged only to the extent that, that on the Business Day following receipt by the Applicable Creditor such party of any sum adjudged to be so due in the Judgment Currency, the Applicable Creditor judgment currency such party may in accordance with normal banking procedures in the relevant jurisdiction purchase the Agreement Currency original currency with the Judgment Currencyjudgment currency; if the amount of the Agreement Currency original currency so purchased is less than the sum originally due to the Applicable Creditor such party in the Agreement Currencyoriginal currency, the Parent or such Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Applicable Creditor such party against such loss. The obligations , and if the amount of the Borrower under original currency so purchased exceeds the sum originally due to any party to this Section Agreement, such party, agrees to remit to Parent or such Borrower, as applicable, such excess. This covenant shall survive the termination of this Agreement and the payment of the Loans and all other amounts owing payable hereunder.
Appears in 1 contract
Samples: Credit Agreement (Jafra Cosmetics International Sa De Cv)
Judgment Currency. (a%3) If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder in one currency US Dollars into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency US Dollars could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.
(ba) The obligations of the Borrower each party hereto in respect of any sum due to any other party hereto or any holder of any obligation the obligations owing hereunder (the “Applicable Creditor”) shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than the currency in which such sum is stated to be due hereunder (the “Agreement Currency”)US Dollars, be discharged only to the extent that, on the Business Day following receipt by the Applicable Creditor of any sum adjudged to be so due in the Judgment Currency, the Applicable Creditor may in accordance with normal banking procedures in the relevant jurisdiction purchase the Agreement Currency US Dollars with the Judgment Currency; if the amount of the Agreement Currency US Dollars so purchased is less than the sum originally due to the Applicable Creditor in the Agreement CurrencyUS Dollars, the Borrower such party agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Applicable Creditor against such lossdeficiency. The obligations of the Borrower under parties contained in this Section shall survive the termination of this Agreement and the payment of all other amounts owing hereunder.
Appears in 1 contract
Samples: Amendment and Restatement Agreement (L Brands, Inc.)
Judgment Currency. (a) If, for the purpose purposes of obtaining judgment in any court, it is necessary to convert a sum owing due hereunder or any other Guarantor Document in one currency into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction Administrative Agent could purchase the first currency could be purchased with such other currency on the Business Day immediately preceding the day that on which final judgment is given.
(b) . The obligations obligation of the Borrower Guarantor in respect of any such sum due from it to any party hereto Guaranteed Party hereunder or any holder of any obligation owing hereunder (under the “Applicable Creditor”) other Guarantor Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than the currency that in which such sum is stated to be due hereunder denominated in accordance with the applicable provisions of the Credit Agreement (the “Agreement Currency”), be discharged only to the extent that, that on the Business Day following receipt by the Applicable Creditor Administrative Agent of any sum adjudged to be so due in the Judgment Currency, the Applicable Creditor Administrative Agent may in accordance with normal banking procedures in the relevant jurisdiction purchase the Agreement Currency with the Judgment Currency; if . If the amount of the Agreement Currency so purchased is less than the sum originally due to the Applicable Creditor Administrative Agent from the Guarantor in the Agreement Currency, the Borrower Guarantor agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Applicable Creditor Administrative Agent or the Person to whom such obligation was owing against such loss. The obligations If the amount of the Borrower Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent in such currency, the Administrative Agent (by its acceptance hereof) agrees to return the amount of any excess to the Guarantor (or to any other Person who may be entitled thereto under applicable law). The agreements in this Section 22 shall survive the termination of this Agreement the Commitments and the payment repayment of all other amounts owing hereunderGuaranteed Obligations.
Appears in 1 contract
Judgment Currency. (a) If, for the purpose purposes of obtaining judgment in any court, it is necessary to convert a sum owing due hereunder or any other Guarantor Document in one currency into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction Administrative Agent could purchase the first currency could be purchased with such other currency on the Business Day immediately preceding the day that on which final judgment is given.
(b) . The obligations obligation of the Borrower each Guarantor in respect of any such sum due from it to any party hereto Guaranteed Party hereunder or any holder of any obligation owing hereunder (under the “Applicable Creditor”) other Guarantor Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than the currency that in which such sum is stated to be due hereunder denominated in accordance with the applicable provisions of the Credit Agreement (the “Agreement Currency”), be discharged only to the extent that, that on the Business Day following receipt by the Applicable Creditor Administrative Agent of any sum adjudged to be so due in the Judgment Currency, the Applicable Creditor Administrative Agent may in accordance with normal banking procedures in the relevant jurisdiction purchase the Agreement Currency with the Judgment Currency; if . If the amount of the Agreement Currency so purchased is less than the sum originally due to the Applicable Creditor Administrative Agent from the Guarantor in the Agreement Currency, the Borrower Guarantor agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Applicable Creditor Administrative Agent or the Person to whom such obligation was owing against such loss. The obligations If the amount of the Borrower Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent in such currency, the Administrative Agent (by its acceptance hereof) agrees to return the amount of any excess to the Guarantor (or to any other Person who may be entitled thereto under applicable law). The agreements in this Section 25 shall survive the termination of this Agreement the Commitments and the payment repayment of all other amounts owing hereunderGuaranteed Obligations.
Appears in 1 contract