Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due from any Borrower hereunder in the currency expressed to be payable herein (the “specified currency”) into another currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the specified currency with such other currency at the Administrative Agent’s main New York City office on the Business Day preceding that on which final, non-appealable judgment is given. The obligations of each Borrower in respect of any sum due to any Lender or the Administrative Agent hereunder shall, notwithstanding any judgment in a currency other than the specified currency, be discharged only to the extent that on the Business Day following receipt by such Lender or the Administrative Agent (as the case may be) of any sum adjudged to be so due in such other currency such Lender or the Administrative Agent (as the case may be) may in accordance with normal, reasonable banking procedures purchase the specified currency with such other currency. If the amount of the specified currency so purchased is less than the sum originally due to such Lender or the Administrative Agent, as the case may be, in the specified currency, each Borrower agrees, to the fullest extent that it may effectively do so, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or the Administrative Agent, as the case may be, against such loss, and if the amount of the specified currency so purchased exceeds (a) the sum originally due to any Lender or the Administrative Agent, as the case may be, in the specified currency and (b) any amounts shared with other Lenders as a result of allocations of such excess as a disproportionate payment to such Lender under Section 2.18, such Lender or the Administrative Agent, as the case may be, agrees to remit such excess to such Borrower.
Appears in 98 contracts
Samples: Credit Agreement (Atmus Filtration Technologies Inc.), Credit Agreement (Atmus Filtration Technologies Inc.), Credit Agreement (Heidrick & Struggles International Inc)
Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due from any the Borrower hereunder in the currency expressed to be payable herein (the “specified currency”) into another currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the specified currency with such other currency at the Administrative Agent’s main New York City office on the Business Day preceding that on which final, non-appealable judgment is given. The obligations of each the Borrower in respect of any sum due to any Lender or the Administrative Agent hereunder shall, notwithstanding any judgment in a currency other than the specified currency, be discharged only to the extent that on the Business Day following receipt by such Lender or the Administrative Agent (as the case may be) of any sum adjudged to be so due in such other currency such Lender or the Administrative Agent (as the case may be) may in accordance with normal, reasonable banking procedures purchase the specified currency with such other currency. If the amount of the specified currency so purchased is less than the sum originally due to such Lender or the Administrative Agent, as the case may be, in the specified currency, each the Borrower agrees, to the fullest extent that it may effectively do so, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or the Administrative Agent, as the case may be, against such loss, and if the amount of the specified currency so purchased exceeds (a) the sum originally due to any Lender or the Administrative Agent, as the case may be, in the specified currency and (b) any amounts shared with other Lenders as a result of allocations of such excess as a disproportionate payment to such Lender under Section 2.18, such Lender or the Administrative Agent, as the case may be, agrees to remit such excess to such the Borrower.
Appears in 62 contracts
Samples: Credit Agreement (Grindr Inc.), Credit Agreement (TimkenSteel Corp), Credit Agreement (Myriad Genetics Inc)
Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due from any Borrower Guarantor hereunder in the currency expressed to be payable herein (the “specified currency”) into another currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the specified currency with such other currency at the Administrative Agent’s main New York City office on the Business Day preceding that on which final, non-appealable judgment is given. The obligations of each Borrower Guarantor in respect of any sum due to any Lender or the Administrative Agent hereunder shall, notwithstanding any judgment in a currency other than the specified currency, be discharged only to the extent that on the Business Day following receipt by such Lender or any Holder of Guaranteed Obligations (including the Administrative Agent (Agent), as the case may be) , of any sum adjudged to be so due in such other currency such Lender or Holder of Guaranteed Obligations (including the Administrative Agent (Agent), as the case may be) , may in accordance with normal, reasonable banking procedures purchase the specified currency with such other currency. If the amount of the specified currency so purchased is less than the sum originally due to such Lender or Holder of Guaranteed Obligations (including the Administrative Agent), as the case may be, in the specified currency, each Borrower Guarantor agrees, to the fullest extent that it may effectively do so, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or Holder of Guaranteed Obligations (including the Administrative Agent), as the case may be, against such loss, and if the amount of the specified currency so purchased exceeds (a) the sum originally due to any Lender or Holder of Guaranteed Obligations (including the Administrative Agent), as the case may be, in the specified currency and (b) any amounts shared with other Lenders Holders of Guaranteed Obligations as a result of allocations of such excess as a disproportionate payment to such Lender other Holder of Guaranteed Obligations under Section 2.182.18 of the Credit Agreement, such Lender or Holder of Guaranteed Obligations (including the Administrative Agent), as the case may be, agrees agrees, by accepting the benefits hereof, to remit such excess to such BorrowerGuarantor.
Appears in 60 contracts
Samples: Guaranty (Tredegar Corp), Credit Agreement (Regeneron Pharmaceuticals, Inc.), Credit Agreement (Microchip Technology Inc)
Judgment Currency. If If, for the purposes of obtaining judgment in any court court, it is necessary to convert a sum due from hereunder or any Borrower hereunder other Loan Document in the one currency expressed to be payable herein (the “specified currency”) into another currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the specified first currency with such other currency at the Administrative Agent’s main New York City office on the Business Day preceding that on which final, non-appealable final judgment is given. The obligations obligation of each Borrower and each other Loan Party in respect of any such sum due from it to any Lender or the Administrative Agent or any Lender hereunder or under any other Loan Document shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the specified currencyapplicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by such Lender or the Administrative Agent (or such Lender, as the case may be) , of any sum adjudged to be so due in such other currency such Lender or the Judgment Currency, the Administrative Agent (or such Lender, as the case may be) , may in accordance with normal, reasonable normal banking procedures purchase the specified currency Agreement Currency with such other currencythe Judgment Currency. If the amount of the specified currency Agreement Currency so purchased is less than the sum originally due to such Lender or the Administrative Agent, as the case may be, Agent or any Lender from any Borrower or any other Loan Party in the specified currencyAgreement Currency, such Borrower and each Borrower other Loan Party agrees, to the fullest extent that it may effectively do so, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or the Administrative AgentAgent or such Lender, as the case may be, against such loss, and if . If the amount of the specified currency Agreement Currency so purchased exceeds (a) is greater than the sum originally due to the Administrative Agent or any Lender or in such currency, the Administrative Agent, as the case may be, in the specified currency and (b) any amounts shared with other Lenders as a result of allocations of Agent or such excess as a disproportionate payment to such Lender under Section 2.18, such Lender or the Administrative AgentLender, as the case may be, agrees to remit such return the amount of any excess to such BorrowerBorrower or other Loan Party, as applicable (or to any other Person who may be entitled thereto under applicable law).
Appears in 39 contracts
Samples: Credit Agreement (Extreme Networks Inc), Credit Agreement (Extreme Networks Inc), Credit Agreement (Pagaya Technologies Ltd.)
Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due from any the Borrower hereunder in the currency expressed to be payable herein (the “specified currency”) into another currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Facility Agent could purchase the specified currency with such other currency at the Administrative Facility Agent’s main New York City Frankfurt office on the Business Day preceding that on which final, non-appealable final judgment is given. The obligations of each the Borrower in respect of any sum due to any Lender or the Administrative an Agent hereunder shall, notwithstanding any judgment in a currency other than the specified currency, be discharged only to the extent that on the Business Day following receipt by such Lender or the Administrative an Agent (as the case may be) of any sum adjudged to be so due in such other currency such Lender or the Administrative an Agent (as the case may be) may in accordance with normal, reasonable normal banking procedures purchase the specified currency with such other currency. If ; if the amount of the specified currency so purchased is less than the sum originally due to such Lender or the Administrative an Agent, as the case may be, in the specified currency, each the Borrower agrees, to the fullest extent that it may effectively do so, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or the Administrative an Agent, as the case may be, against such loss, and if the amount of the specified currency so purchased exceeds (a) the sum originally due to any Lender or the Administrative an Agent, as the case may be, in the specified currency and (b) any amounts shared with other Lenders as a result of allocations of such excess as a disproportionate payment to such Lender under Section 2.18currency, such Lender or the Administrative an Agent, as the case may be, agrees to remit such excess to such the Borrower.
Appears in 39 contracts
Samples: Loan Agreement (NCL CORP Ltd.), Loan Agreement (Norwegian Cruise Line Holdings Ltd.), Loan Agreement (Norwegian Cruise Line Holdings Ltd.)
Judgment Currency. If (a) If, for the purposes of obtaining judgment in any court court, it is necessary to convert a sum due from any Borrower hereunder in the currency expressed to be payable herein (the “specified currency”) Dollars into another currency, the parties hereto agree, to the fullest extent that they may effectively do sopermitted by Law, that the rate of exchange used shall be that at which which, in accordance with normal banking procedures procedures, the Administrative Agent could purchase the specified currency Dollars with such other currency at the Administrative Agent’s main buying spot rate of exchange in the New York City office foreign exchange market on the Business Day immediately preceding that on which finalany such judgment, non-appealable judgment or any relevant part thereof, is given. .
(b) The obligations of each Borrower the Obligors in respect of any sum due to any Lender or the Administrative Agent hereunder and under the other Loan Documents shall, notwithstanding any judgment in a currency other than the specified currencyDollars, be discharged only to the extent that on the Business Day following receipt by such Lender or the Administrative Agent (as the case may be) of any sum adjudged to be so due in such other currency such Lender or the Administrative Agent (as the case may be) may may, in accordance with normalnormal banking procedures, reasonable banking procedures purchase the specified currency Dollars with such other currency. If the amount of the specified currency Dollars so purchased is less than the sum originally due to such Lender or the Administrative AgentAgent in Dollars, as the case may be, in the specified currency, each Borrower agrees, to the fullest extent that it may effectively do so, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or the Administrative Agent, as the case may be, Agent against such loss, and if . If the amount of the specified currency Dollars so purchased exceeds (a) the sum originally due to any Lender or the Administrative AgentAgent in Dollars, as the case may be, in the specified currency and (b) any amounts shared with other Lenders as a result of allocations of such excess as a disproportionate payment to such Lender under Section 2.18, such Lender or the Administrative Agent, as the case may be, agrees to Agent shall remit such excess to such the Borrower.
Appears in 33 contracts
Samples: Credit Agreement (scPharmaceuticals Inc.), Credit Agreement (BioXcel Therapeutics, Inc.), Credit Agreement (Fractyl Health, Inc.)
Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due from any the Borrower hereunder or under any of the Notes in the currency expressed to be payable herein or under the Notes (the “specified currency”) into another currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the specified currency with such other currency at the Administrative Agent’s main New York City office on the Business Day preceding that on which final, non-appealable final judgment is given. The obligations of each the Borrower in respect of any sum due to any Lender or the Administrative Agent hereunder or under any Note shall, notwithstanding any judgment in a currency other than the specified currency, be discharged only to the extent that on the Business Day following receipt by such Lender or the Administrative Agent (as the case may be) of any sum adjudged to be so due in such other currency such Lender or the Administrative Agent (as the case may be) may in accordance with normal, reasonable normal banking procedures purchase the specified currency with such other currency. If ; if the amount of the specified currency so purchased is less than the sum originally due to such Lender or the Administrative Agent, as the case may be, in the specified currency, each the Borrower agrees, to the fullest extent that it may effectively do so, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or the Administrative Agent, as the case may be, against such loss, and if the amount of the specified currency so purchased exceeds (a) the sum originally due to any Lender or the Administrative Agent, as the case may be, in the specified currency and (b) any amounts shared with other Lenders as a result of allocations of such excess as a disproportionate payment to such Lender under Section 2.18currency, such Lender or the Administrative Agent, as the case may be, agrees to remit such excess to such the Borrower.
Appears in 22 contracts
Samples: Credit Agreement (Gener8 Maritime, Inc.), Credit Agreement (Gener8 Maritime, Inc.), Credit Agreement (Gener8 Maritime, Inc.)
Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due from any Borrower hereunder in the currency expressed to be payable herein (the “specified currency”) into another currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the specified currency with such other currency at the Administrative Agent’s main New York City office on the Business Day preceding that on which final, non-appealable non‑appealable judgment is given. The obligations of each Borrower in respect of any sum due to any Lender or the Administrative Agent hereunder shall, notwithstanding any judgment in a currency other than the specified currency, be discharged only to the extent that on the Business Day following receipt by such Lender or the Administrative Agent (as the case may be) of any sum adjudged to be so due in such other currency such Lender or the Administrative Agent (as the case may be) may in accordance with normal, reasonable banking procedures purchase the specified currency with such other currency. If the amount of the specified currency so purchased is less than the sum originally due to such Lender or the Administrative Agent, as the case may be, in the specified currency, each Borrower agrees, to the fullest extent that it may effectively do so, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or the Administrative Agent, as the case may be, against such loss, and if the amount of the specified currency so purchased exceeds (a) the sum originally due to any Lender or the Administrative Agent, as the case may be, in the specified currency and (b) any amounts shared with other Lenders as a result of allocations of such excess as a disproportionate payment to such Lender under Section 2.18, such Lender or the Administrative Agent, as the case may be, agrees to remit such excess to such Borrower.
Appears in 21 contracts
Samples: Credit Agreement (Scotts Miracle-Gro Co), Credit Agreement (Tapestry, Inc.), Credit Agreement (Scotts Miracle-Gro Co)
Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due from any the Borrower hereunder in the currency expressed to be payable herein (the “specified currency”) into another currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the specified currency with such other currency at the Administrative Agent’s main New York City office offices on the Business Day preceding that on which final, non-appealable judgment is given. The obligations of each the Borrower in respect of any sum due to any Lender or the Administrative Agent hereunder shall, notwithstanding any judgment in a currency other than the specified currency, be discharged only to the extent that on the Business Day following receipt by such Lender or the Administrative Agent (as the case may be) of any sum adjudged to be so due in such other currency such Lender or the Administrative Agent (as the case may be) may in accordance with normal, reasonable banking procedures purchase the specified currency with such other currency. If the amount of the specified currency so purchased is less than the sum originally due to such Lender or the Administrative Agent, as the case may be, in the specified currency, each the Borrower agrees, to the fullest extent that it may effectively do so, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or the Administrative Agent, as the case may be, against such loss, and if the amount of the specified currency so purchased exceeds (a) the sum originally due to any Lender or the Administrative Agent, as the case may be, in the specified currency and (b) any amounts shared with other Lenders as a result of allocations of such excess as a disproportionate payment to such Lender under Section 2.1811.2, such Lender or the Administrative Agent, as the case may be, agrees to remit such excess to such the Borrower.
Appears in 17 contracts
Samples: Term Loan Agreement (Jack Henry & Associates Inc), Credit Agreement (Jack Henry & Associates Inc), Credit Agreement (Universal Electronics Inc)
Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due from any the Borrower hereunder in the currency expressed to be payable herein (the “specified currency”) into another currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the specified currency with such other currency at the Administrative Agent’s main New York City office on the Business Day preceding that on which final, non-appealable non‑appealable judgment is given. The obligations of each the Borrower in respect of any sum due to any Lender or the Administrative Agent hereunder shall, notwithstanding any judgment in a currency other than the specified currency, be discharged only to the extent that on the Business Day following receipt by such Lender or the Administrative Agent (as the case may be) of any sum adjudged to be so due in such other currency such Lender or the Administrative Agent (as the case may be) may in accordance with normal, reasonable banking procedures purchase the specified currency with such other currency. If the amount of the specified currency so purchased is less than the sum originally due to such Lender or the Administrative Agent, as the case may be, in the specified currency, each the Borrower agrees, to the fullest extent that it may effectively do so, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or the Administrative Agent, as the case may be, against such loss, and if the amount of the specified currency so purchased exceeds (a) the sum originally due to any Lender or the Administrative Agent, as the case may be, in the specified currency and (b) any amounts shared with other Lenders as a result of allocations of such excess as a disproportionate payment to such Lender under Section 2.18, such Lender or the Administrative Agent, as the case may be, agrees to remit such excess to such the Borrower.
Appears in 13 contracts
Samples: Credit Agreement (Phinia Inc.), Credit Agreement (Phinia Inc.), Credit Agreement (Arcosa, Inc.)
Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due from any Borrower Guarantor hereunder in the currency expressed to be payable herein (the “specified currency”) into another currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the specified currency with such other currency at the Administrative Agent’s main New York City office on the Business Day preceding that on which final, non-appealable judgment is given. The obligations of each Borrower Guarantor in respect of any sum due to any Lender or the Administrative Agent hereunder shall, notwithstanding any judgment in a currency other than the specified currency, be discharged only to the extent that on the Business Day following receipt by such Lender or any Holder of Obligations (including the Administrative Agent (Agent), as the case may be) , of any sum adjudged to be so due in such other currency such Lender or Holder of Obligations (including the Administrative Agent (Agent), as the case may be) , may in accordance with normal, reasonable banking procedures purchase the specified currency with such other currency. If the amount of the specified currency so purchased is less than the sum originally due to such Lender or Holder of Obligations (including the Administrative Agent), as the case may be, in the specified currency, each Borrower Guarantor agrees, to the fullest extent that it may effectively do so, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or Holder of Obligations (including the Administrative Agent), as the case may be, against such loss, and if the amount of the specified currency so purchased exceeds (a) the sum originally due to any Lender or Holder of Obligations (including the Administrative Agent), as the case may be, in the specified currency and (b) any amounts shared with other Lenders Holders of Obligations as a result of allocations of such excess as a disproportionate payment to such Lender other Holder of Obligations under Section 2.182.18 of the Credit Agreement, such Lender or Holder of Obligations (including the Administrative Agent), as the case may be, agrees agrees, by accepting the benefits hereof, to remit such excess to such BorrowerGuarantor.
Appears in 11 contracts
Samples: Term Loan Credit Agreement (Fuller H B Co), Credit Agreement (Fuller H B Co), Guaranty (Fuller H B Co)
Judgment Currency. (a) If for the purposes purpose of obtaining judgment in any court it is necessary to convert a sum due from any Borrower hereunder in the one currency expressed to be payable herein (the “specified currency”) into another currency, the parties hereto agree, to the fullest extent that they may effectively do soso under applicable law, that the rate of exchange used shall be that the spot rate at which in accordance with normal banking procedures the Administrative Agent first currency could purchase the specified currency be purchased in New York City with such other currency at by the Administrative Agent’s main New York City office person obtaining such judgment on the Business Day preceding that on which final, non-appealable final judgment is given. .
(b) The obligations of each Borrower in respect of any sum due to any Lender or the Administrative Agent hereunder shall, notwithstanding any judgment in a currency other than the specified currency, be discharged only to the extent that on the Business Day following receipt by such Lender or the Administrative Agent (as the case may be) of any sum adjudged to be so due in such other currency such Lender or the Administrative Agent (as the case may be) may in accordance with normal, reasonable banking procedures purchase the specified currency with such other currency. If the amount of the specified currency so purchased is less than the sum originally due to such Lender or the Administrative Agent, as the case may be, in the specified currency, each Borrower agreesparties agree, to the fullest extent that it they may effectively do soso under applicable law, as a separate obligation that the obligations of the Borrower and notwithstanding Qualified Borrower to make payments in any such judgment, currency of the principal of and interest on the Loans of Borrower or any Qualified Borrower and any other amounts due from Borrower or any Qualified Borrower hereunder to indemnify such Lender or the Administrative AgentAgent as provided herein (i) shall not be discharged or satisfied by any tender, as or any recovery pursuant to any judgment (whether or not entered in accordance with Section 14.27(a)), in any currency other than the case may berelevant currency, against except to the extent that such loss, and if tender or recovery shall result in the actual receipt by the Administrative Agent at its relevant office on behalf of the Lenders of the full amount of the specified relevant currency expressed to be payable in respect of the principal of and interest on the Loans and all other amounts due hereunder (it being assumed for purposes of this clause (i) that the Administrative Agent will convert any amount tendered or recovered into the relevant currency on the date of such tender or recovery), (ii) shall be enforceable as an alternative or additional cause of action for the purpose of recovering in the relevant currency the amount, if any, by which such actual receipt shall fall short of the full amount of the relevant currency so purchased exceeds (a) the sum originally due expressed to any Lender or the Administrative Agent, as the case may be, in the specified currency be payable and (biii) shall not be affected by an unrelated judgment being obtained for any amounts shared with other Lenders as a result of allocations of such excess as a disproportionate payment to such Lender sum due under Section 2.18, such Lender or the Administrative Agent, as the case may be, agrees to remit such excess to such Borrowerthis Agreement.
Appears in 10 contracts
Samples: Revolving Credit and Term Loan Agreement (Washington Prime Group, L.P.), Credit Agreement (Simon Property Group L P /De/), Revolving Credit and Term Loan Agreement (Washington Prime Group, L.P.)
Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due from any the Borrower hereunder in the currency expressed to be payable herein (the “specified currency”) into another currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the specified currency with such other currency at the Administrative Agent’s main New York City office on the Business Day preceding that on which final, non-appealable judgment is given. The obligations of each the Borrower in respect of any sum due to any Lender or the Administrative Agent hereunder shall, notwithstanding any judgment in a currency other than the specified currency, be discharged only to the extent that on the Business Day following receipt by such Lender or the Administrative Agent (as the case may be) of any sum adjudged to be so due in such other currency such Lender or the Administrative Agent (as the case may be) may in accordance with normal, reasonable banking procedures purchase the specified currency with such other currency. If the amount of the specified currency so purchased is less than the sum originally due to such Lender or the Administrative Agent, as the case may be, in the specified currency, each the Borrower agrees, to the fullest extent that it may effectively do so, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or the Administrative Agent, as the case may be, against such loss, and if the amount of the specified currency so purchased exceeds (a) the sum originally due to any Lender or the Administrative Agent, as the case may be, in the specified currency and (b) any amounts shared with other Lenders as a result of allocations of such excess as a disproportionate payment to such Lender under Section 2.182.17, such Lender or the Administrative Agent, as the case may be, agrees to remit such excess to such the Borrower.
Appears in 10 contracts
Samples: Term Loan Credit Agreement (Viatris Inc), Revolving Credit Agreement (Mylan N.V.), Revolving Credit Agreement (Upjohn Inc)
Judgment Currency. If If, for the purposes purpose of obtaining judgment in any court court, it is necessary to convert a sum due from any Borrower hereunder in the currency expressed to be payable herein (the “specified currency”) into another currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the specified currency with such other currency at the Administrative Agent’s main New York City London office on the any Business Day preceding that on which final, non-appealable the final judgment is given. The obligations of each Borrower in respect of any sum due to any Lender or the Administrative Agent hereunder shall, notwithstanding any judgment in a currency other than the specified currency, be discharged only to the extent that on the Business Day following receipt by such Lender or the Administrative Agent (Agent, as the case may be) , of any sum adjudged to be so due in such other currency such Lender or the Administrative Agent (Agent, as the case may be) , may in accordance with normal, reasonable normal banking procedures purchase the specified currency with such other currency. If the amount of the specified currency so purchased is less than the sum originally due to such Lender or the Administrative Agent, as the case may be, in the specified currency, each the applicable Borrower agrees, to the fullest extent that it may effectively do so, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or the Administrative Agent, as the case may be, against such loss, and if the amount of the specified currency so purchased exceeds (ai) the sum originally due to any Lender or the Administrative Agent, as the case may be, in the specified currency and (bii) any amounts shared with other Lenders as a result of allocations of such excess as a disproportionate payment to such Lender under Section 2.18as compared to such Lender’s Total Facility Percentage, such Lender or the Administrative Agent, as the case may be, agrees to remit such excess to such the applicable Borrower.
Appears in 10 contracts
Samples: Credit Agreement (ViacomCBS Inc.), Credit Agreement (CBS Corp), Credit Agreement (CBS Corp)
Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due from any Borrower hereunder in the currency expressed to be payable herein (the “specified currency”) into another currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the specified currency with such other currency at the Administrative Agent’s main New York City office on the Business Day preceding that on which final, non-non appealable judgment is given. The obligations of each Borrower in respect of any sum due to any Lender or the Administrative Agent hereunder shall, notwithstanding any judgment in a currency other than the specified currency, be discharged only to the extent that on the Business Day following receipt by such Lender or the Administrative Agent (as the case may be) of any sum adjudged to be so due in such other currency such Lender or the Administrative Agent (as the case may be) may in accordance with normal, reasonable banking procedures purchase the specified currency with such other currency. If the amount of the specified currency so purchased is less than the sum originally due to such Lender or the Administrative Agent, as the case may be, in the specified currency, each Borrower agrees, to the fullest extent that it may effectively do so, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or the Administrative Agent, as the case may be, against such loss, and if the amount of the specified currency so purchased exceeds (a) the sum originally due to any Lender or the Administrative Agent, as the case may be, in the specified currency and (b) any amounts shared with other Lenders as a result of allocations of such excess as a disproportionate payment to such Lender under Section 2.18, such Lender or the Administrative Agent, as the case may be, agrees to remit such excess to such Borrower.
Appears in 9 contracts
Samples: Credit Agreement (Capri Holdings LTD), Credit Agreement (Capri Holdings LTD), Credit Agreement (Newmarket Corp)
Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due from any a Borrower hereunder in the currency expressed to be payable herein (the “specified currency”) into another currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the specified currency with such other currency at the Administrative Agent’s main New York City Chicago office on the Business Day preceding that on which final, non-appealable judgment is given. The obligations of each Borrower the Borrowers in respect of any sum due to any Lender or the Administrative Agent hereunder shall, notwithstanding any judgment in a currency other than the specified currency, be discharged only to the extent that on the Business Day following receipt by such Lender or the Administrative Agent (as the case may be) of any sum adjudged to be so due in such other currency such Lender or the Administrative Agent (as the case may be) may in accordance with normal, reasonable banking procedures purchase the specified currency with such other currency. If the amount of the specified currency so purchased is less than the sum originally due to such Lender or the Administrative Agent, as the case may be, in the specified currency, each Borrower agreesthe Borrowers jointly and severally agree, to the fullest extent that it they may effectively do so, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or the Administrative Agent, as the case may be, against such loss, and if the amount of the specified currency so purchased exceeds (a) the sum originally due to any Lender or the Administrative Agent, as the case may be, in the specified currency and (b) any amounts shared with other Lenders as a result of allocations of such excess as a disproportionate payment to such Lender under Section 2.1811.2, such Lender or the Administrative Agent, as the case may be, agrees to remit such excess to such Borrowerthe Borrowers.
Appears in 9 contracts
Samples: Credit Agreement (Bemis Co Inc), Credit Agreement (Bemis Co Inc), Long Term Credit Agreement (Bemis Co Inc)
Judgment Currency. If for For the purposes of obtaining judgment in any court it is necessary to convert a sum due from any Borrower Guarantor hereunder in the currency expressed to be payable herein (the “specified currencySpecified Currency”) into another currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the specified currency Specified Currency with such other currency at the Administrative Agent’s main New York City office on the Business Day preceding that on which final, non-appealable judgment is given. The obligations of each Borrower Guarantor in respect of any sum due to any Lender or the Administrative Agent hereunder shall, notwithstanding any judgment in a currency other than the specified currencySpecified Currency, be discharged only to the extent that on the Business Day following receipt by such Lender or any Secured Party (including the Administrative Agent (Agent), as the case may be) , of any sum adjudged to be so due in such other currency such Lender or Secured Party (including the Administrative Agent (Agent), as the case may be) , may in accordance with normal, reasonable banking procedures purchase the specified currency Specified Currency with such other currency. If the amount of the specified currency Specified Currency so purchased is less than the sum originally due to such Lender or Secured Party (including the Administrative Agent), as the case may be, in the specified currencySpecified Currency, each Borrower Guarantor agrees, to the fullest extent that it may effectively do so, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or Secured Party (including the Administrative Agent), as the case may be, against such loss, and if the amount of the specified currency Specified Currency so purchased exceeds (a) the sum originally due to any Lender or Secured Party (including the Administrative Agent), as the case may be, in the specified currency Specified Currency and (b) any amounts shared with other Lenders Secured Parties as a result of allocations of such excess as a disproportionate payment to such Lender other Secured Party under Section 2.182.18 of the Credit Agreement, such Lender or Secured Party (including the Administrative Agent), as the case may be, agrees agrees, by accepting the benefits hereof, to remit such excess to such BorrowerGuarantor.
Appears in 8 contracts
Samples: Guaranty (Harmony Biosciences Holdings, Inc.), Guaranty (Advisory Board Co), Guaranty (Advisory Board Co)
Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due from any Borrower hereunder in the currency expressed to be payable herein (the “specified currency”) into another currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the specified currency with such other currency at the Administrative Agent’s main New York City office , on behalf of the Business Day preceding that on which finalLenders, non-appealable obtains a judgment is given. The or judgments against the Borrower or any other Credit Party in a Designated Foreign Currency, the obligations of each the Borrower or such Credit Party in respect of any sum adjudged to be due to any Lender or the Administrative Agent or the Lenders hereunder shall, notwithstanding any judgment in a currency other than or under the specified currency, Notes (the “Judgment Amount”) shall be discharged only to the extent that that, on the Business Day following receipt by such Lender or the Administrative Agent (as of the case may be) of any sum adjudged to be so due Judgment Amount in such other currency such Lender or the Designated Foreign Currency, the Administrative Agent (as the case may be) may Agent, in accordance with normalnormal banking procedures, reasonable banking procedures may purchase Dollars with the specified currency with Judgment Amount in such other currencyDesignated Foreign Currency. If the amount of the specified currency Dollars so purchased is less than the amount of Dollars that could have been purchased with the Judgment Amount on the date or dates the Judgment Amount (excluding the portion of the Judgment Amount which has accrued as a result of the failure of the Borrower or any other Credit Party to pay the sum originally due hereunder or under the Notes when it was originally due hereunder or under the Notes) was originally due and owing (the “Original Due Date”) to such Lender the Administrative Agent or the Administrative AgentLenders hereunder or under the Notes (the “Loss”), as the case may be, in Borrower and the specified currency, other Credit Parties each Borrower agrees, to the fullest extent that it may effectively do so, agrees as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or the Administrative AgentAgent or such Lender, as the case may be, against such lossthe Loss, and if the amount of the specified currency Dollars so purchased exceeds (a) the sum originally due to any Lender or amount of Dollars that could have been purchased with the Judgment Amount on the Original Due Date, the Administrative Agent, as the case may be, in the specified currency and (b) any amounts shared with other Lenders as a result of allocations of such excess as a disproportionate payment to Agent or such Lender under Section 2.18, such Lender or the Administrative Agent, as the case may be, agrees to remit such excess to such the Borrower.
Appears in 8 contracts
Samples: Credit Agreement (Circor International Inc), Credit Agreement (Circor International Inc), Credit Agreement (Circor International Inc)
Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due from any Borrower hereunder in the currency expressed to be payable herein (the “specified currency”) into another currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the specified currency with such other currency at the Administrative Agent’s main New York City office on the Business Day preceding that on which final, non-appealable judgment is given. The obligations of each Borrower in respect of any sum due to any Lender or the Administrative Agent hereunder shall, notwithstanding any judgment in a currency other than the specified currency, be discharged only to the extent that on the Business Day following receipt by such Lender or the Administrative Agent (as the case may be) of any sum adjudged to be so due in such other currency such Lender or the Administrative Agent (as the case may be) may in accordance with normal, reasonable banking procedures purchase the specified currency with such other currency. If the amount of the specified currency so purchased is less than the sum originally due to such Lender or the Administrative Agent, as the case may be, in the specified currency, each Borrower agrees, to the fullest extent that it may effectively do so, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or the Administrative Agent, as the case may be, against such loss, and if the amount of the specified currency so purchased exceeds (a) the sum originally due to any Lender or the Administrative Agent, as the case may be, in the specified currency and (b) any amounts shared with other Lenders as a result of allocations of such excess as a disproportionate payment to such Lender under Section 2.182.19, such Lender or the Administrative Agent, as the case may be, agrees to remit such excess to such Borrower.
Appears in 8 contracts
Samples: Credit Agreement (Cooper Tire & Rubber Co), Credit Agreement (Signet Jewelers LTD), Credit Agreement (Ametek Inc/)
Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due from any Borrower Loan Party hereunder in the currency expressed to be payable herein (the “specified currency”) into another currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the specified currency with such other currency at the Administrative Agent’s main New York City office on the Business Day preceding that on which final, non-appealable judgment is given. The obligations of each Borrower a Loan Party in respect of any sum due to any Lender or the Administrative Agent hereunder shall, notwithstanding any judgment in a currency other than the specified currency, be discharged only to the extent that on the Business Day following receipt by such Lender or the Administrative Agent (as the case may be) of any sum adjudged to be so due in such other currency such Lender or the Administrative Agent (as the case may be) may in accordance with normal, reasonable banking procedures purchase the specified currency with such other currency. If the amount of the specified currency so purchased is less than the sum originally due to such Lender or the Administrative Agent, as the case may be, in the specified currency, each Borrower agreesthe Loan Parties agree, jointly and severally, to the fullest extent that it may effectively do so, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or the Administrative Agent, as the case may be, against such loss, and if the amount of the specified currency so purchased exceeds (a) the sum originally due to any Lender or the Administrative Agent, as the case may be, in the specified currency and (b) any amounts shared with other Lenders as a result of allocations of such excess as a disproportionate payment to such Lender under Section 2.18, such Lender or the Administrative Agent, as the case may be, agrees to remit such excess to such Borrowerthe applicable Loan Party.
Appears in 7 contracts
Samples: Term Loan Credit Agreement (Bed Bath & Beyond Inc), Credit Agreement (Bed Bath & Beyond Inc), Credit Agreement (Bed Bath & Beyond Inc)
Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due from any the Borrower hereunder in the currency expressed to be payable herein (the “specified currency”) into another currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the specified currency with such other currency at the Administrative Agent’s main New York City office on the Business Day preceding that on which final, non-non appealable judgment is given. The obligations of each the Borrower in respect of any sum due to any Lender or the Administrative Agent hereunder shall, notwithstanding any judgment in a currency other than the specified currency, be discharged only to the extent that on the Business Day following receipt by such Lender or the Administrative Agent (as the case may be) of any sum adjudged to be so due in such other currency such Lender or the Administrative Agent (as the case may be) may in accordance with normal, reasonable banking procedures purchase the specified currency with such other currency. If the amount of the specified currency so purchased is less than the sum originally due to such Lender or the Administrative Agent, as the case may be, in the specified currency, each the Borrower agrees, to the fullest extent that it may effectively do so, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or the Administrative Agent, as the case may be, against such loss, and if the amount of the specified currency so purchased exceeds (a) the sum originally due to any Lender or the Administrative Agent, as the case may be, in the specified currency and (b) any amounts shared with other Lenders as a result of allocations of such excess as a disproportionate payment to such Lender under Section 2.18, such Lender or the Administrative Agent, as the case may be, agrees to remit such excess to such the Borrower.
Appears in 7 contracts
Samples: Credit Agreement (Energizer Holdings Inc), Credit Agreement (TimkenSteel Corp), Credit Agreement (Advisory Board Co)
Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due from any the Borrower hereunder in the currency expressed to be payable herein (the “specified currency”) into another currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal usual and customary banking procedures the Administrative Agent could purchase the specified currency with such other currency at any of the Administrative Agent’s main New York City office offices in the United States of America on the Business Day preceding that on which final, non-appealable judgment is given. The obligations of each the Borrower in respect of any sum due to any Lender, any Issuing Lender or the Administrative Agent hereunder shall, notwithstanding any judgment in a currency other than the specified currency, be discharged only to the extent that on the Business Day following receipt by such Lender, such Issuing Lender or the Administrative Agent (as the case may be) of any sum adjudged to be so due in such other currency such Lender, such Issuing Lender or the Administrative Agent (as the case may be) may in accordance with normal, reasonable banking procedures purchase the specified currency with such other currency. If the amount of the specified currency so purchased is less than the sum originally due to such Lender, such Issuing Lender or the Administrative Agent, as the case may be, in the specified currency, each the Borrower agrees, to the fullest extent that it may effectively do so, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender, such Issuing Lender or the Administrative Agent, as the case may be, against such loss, and if the amount of the specified currency so purchased exceeds (a) the sum originally due to any Lender, such Issuing Lender or the Administrative Agent, as the case may be, in the specified currency and (b) any amounts shared with other Lenders as a result of allocations of such excess as a disproportionate payment to such Lender under Section 2.182.14, such each Lender, Issuing Lender or the Administrative Agent, as the case may be, agrees to promptly remit such excess to such the Borrower. All obligations of the Borrower provided in this Section 9.16 shall survive any termination of this Agreement and repayment in full of the Obligations.
Appears in 7 contracts
Samples: 5 Year Credit Agreement (NOV Inc.), 5 Year Credit Agreement (National Oilwell Varco Inc), Credit Agreement (National Oilwell Varco Inc)
Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due from any the Borrower hereunder in the currency expressed to be payable herein (the “specified currency”) into another currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the specified currency with such other currency at the Administrative Agent’s main New York City office on the Business Day preceding that on which final, non-appealable judgment is given. The obligations of each the Borrower in respect of any sum due to any Lender or the Administrative Agent hereunder shall, notwithstanding any judgment in a currency other than the specified currency, be discharged only to the extent that on the Business Day following receipt by such Lender or the Administrative Agent (as the case may be) of any sum adjudged to be so due in such other currency such Lender or the Administrative Agent (as the case may be) may in accordance with normal, reasonable banking procedures purchase the specified currency with such other currency. If the amount of the specified currency so purchased is less than the sum originally due to such Lender or the Administrative Agent, as the case may be, in the specified currency, each the Borrower agrees, to the fullest extent that it may effectively do so, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or the Administrative Agent, as the case may be, against such loss, and if the amount of the specified currency so purchased exceeds (a) the sum originally due to any Lender or the Administrative Agent, as the case may be, in the specified currency and (b) any amounts shared with other Lenders as a result of allocations of such excess as a disproportionate payment to such Lender under Section 2.1812.2, such Lender or the Administrative Agent, as the case may be, agrees to remit such excess to such the Borrower.
Appears in 6 contracts
Samples: Credit Agreement (Patterson Companies, Inc.), Credit Agreement (Patterson Companies, Inc.), Credit Agreement (Patterson Companies, Inc.)
Judgment Currency. If If, for the purposes purpose of obtaining judgment in any court or obtaining an order enforcing a judgment, it is becomes necessary to convert a sum any amount due from under this Agreement in Dollars or in any Borrower hereunder other currency (hereinafter in the currency expressed to be payable herein (this Section 10.19 called the “specified first currency”) into another any other currency (hereinafter in this Section 10.19 called the “second currency”), then the parties hereto agree, to the fullest extent that they may effectively do so, that conversion will be made at the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the specified first currency with such other second currency at the Administrative Agent’s main New York City office close of business on the Business Day next preceding that the day on which final, non-appealable the judgment is given. The obligations of each Borrower in respect of any sum due to any Lender given or the Administrative Agent hereunder shall, notwithstanding any judgment in a currency other than the specified currency, be discharged only to the extent that on the Business Day following receipt by such Lender or the Administrative Agent (as the case may be) of any sum adjudged the order is made. Any payment made to be so due in such other currency such Lender or the Administrative Agent (as or any Lending Party pursuant to this Agreement in the case may be) may second currency will constitute a discharge of the obligations of the Borrowers to pay to Administrative Agent and the Lending Parties any amount originally due to Administrative Agent and the Lending Parties in the first currency under this Agreement only to the extent of the amount of the first currency which Administrative Agent and each of the Lending Parties is able, on the date of the receipt by it of such payment in any second currency, to purchase, in accordance with normalAdministrative Agent’s and such Lending Party’s normal banking procedures, reasonable banking procedures purchase with the specified amount of such second currency with such other currencyso received. If the amount of the specified first currency so purchased is less than falls short of the sum amount originally due to Administrative Agent and the Lending Parties in the first currency under this Agreement, each Borrower hereby agrees that it will indemnify each of Administrative Agent and each of the Lending Parties against and save each of Administrative Agent and each of the Lending Parties harmless from any shortfall so arising. This indemnity will constitute an obligation of the Borrowers separate and independent from the other obligations contained in this Agreement, will give rise to a separate and independent cause of action and will continue in full force and effect notwithstanding any judgment or order for a liquidated sum or sums in respect of amounts due to Administrative Agent or any Lending Party under this Agreement or under any such Lender judgment or the order. Any such shortfall will be deemed to constitute a loss suffered by each of Administrative AgentAgent and each such Lending Party, as the case may be, and the Borrowers will not be entitled to require any proof or evidence of any actual loss. The covenant contained in this Section 10.19 will survive the specified currency, each Borrower agrees, to the fullest extent that it may effectively do so, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or the Administrative Agent, as the case may be, against such loss, and if the amount payment in full of all of the specified currency so purchased exceeds (a) other Obligations of the sum originally due to any Lender or Borrowers under this Agreement and the Administrative Agent, as the case may be, in the specified currency and (b) any amounts shared with other Lenders as a result of allocations of such excess as a disproportionate payment to such Lender under Section 2.18, such Lender or the Administrative Agent, as the case may be, agrees to remit such excess to such BorrowerLoan Documents.
Appears in 5 contracts
Samples: Credit Agreement (Ch2m Hill Companies LTD), Credit Agreement (Ch2m Hill Companies LTD), Credit Agreement (Ch2m Hill Companies LTD)
Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due from any Borrower hereunder in the currency expressed to be payable herein (the “"specified currency”") into another currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the specified currency with such other currency at the Administrative Agent’s 's main New York City Chicago office on the Eurocurrency Business Day preceding that on which final, non-appealable judgment is given. The obligations of each such Borrower in respect of any sum due to any Lender Bank or the Administrative Agent hereunder shall, notwithstanding any judgment in a currency other than the specified currency, be discharged only to the extent that on the Eurocurrency Business Day following receipt by such Lender Bank or the Administrative Agent (as the case may be) of any sum adjudged to be so due in such other currency such Lender Bank or the Administrative Agent (as the case may be) may in accordance with normal, reasonable banking procedures purchase the specified currency with such other currency. If the amount of the specified currency so purchased is less than the sum originally due to such Lender Bank or the Administrative Agent, as the case may be, in the specified currency, each such Borrower agrees, to the fullest extent that it may effectively do so, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender Bank or the Administrative Agent, as the case may be, against such loss, and if the amount of the specified currency so purchased exceeds (a) the sum originally due to any Lender Bank or the Administrative Agent, as the case may be, in the specified currency and (b) any amounts shared with other Lenders Banks as a result of allocations of such excess as a disproportionate payment to such Lender Bank under Section 2.189.04, such Lender Bank or the Administrative Agent, as the case may be, agrees to remit such excess to such Borrower.
Appears in 5 contracts
Samples: Revolving Credit Agreement (Masco Corp /De/), 5 Year Revolving Credit Agreement (Masco Corp /De/), Revolving Credit Agreement (Masco Corp /De/)
Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due from any the Borrower hereunder or under any of the Notes in the currency expressed to be payable herein or under the Notes (the “specified currency”) into another currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the specified currency with such other currency at the Administrative Agent’s main New York City office on the Business Day preceding that on which final, non-appealable final judgment is given. The obligations of each the Borrower in respect of any sum due to any Lender or the Administrative Agent hereunder or under any Note shall, notwithstanding any judgment in a currency other than the specified currency, be discharged only to the extent that on the Business Day following receipt by such Lender or the Administrative Agent (as the case may be) of any sum adjudged to be so due in such other currency currency, such Lender or the Administrative Agent (as the case may be) may in accordance with normal, reasonable normal banking procedures purchase the specified currency with such other currency. If ; if the amount of the specified currency so purchased is less than the sum originally due to such Lender or the Administrative Agent, as the case may be, in the specified currency, each the Borrower agrees, to the fullest extent that it may effectively do so, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or the Administrative Agent, as the case may be, against such loss, and if the amount of the specified currency so purchased exceeds (a) the sum originally due to any Lender or the Administrative Agent, as the case may be, in the specified currency and (b) any amounts shared with other Lenders as a result of allocations of such excess as a disproportionate payment to such Lender under Section 2.18currency, such Lender or the Administrative Agent, as the case may be, agrees to remit such excess to such the Borrower.
Appears in 5 contracts
Samples: Credit Agreement (Athena Spinco Inc.), Credit Agreement (Athena Spinco Inc.), Credit Agreement (Scorpio Bulkers Inc.)
Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due from any an Applicable Borrower hereunder in the currency expressed to be payable herein (the “specified currency”) into another currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the specified currency with such other currency at the Administrative Agent’s main New York City office on the Business Day preceding that on which final, non-appealable judgment is given. The obligations of each the Borrower and any Additional Borrower in respect of any sum due to any Lender or the Administrative Agent hereunder shall, notwithstanding any judgment in a currency other than the specified currency, be discharged only to the extent that on the Business Day following receipt by such Lender or the Administrative Agent (as the case may be) of any sum adjudged to be so due in such other currency such Lender or the Administrative Agent (as the case may be) may in accordance with normal, reasonable banking procedures purchase the specified currency with such other currency. If the amount of the specified currency so purchased is less than the sum originally due to such Lender or the Administrative Agent, as the case may be, in the specified currency, each the Applicable Borrower agrees, to the fullest extent that it may effectively do so, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or the Administrative Agent, as the case may be, against such loss, and if the amount of the specified currency so purchased exceeds (a) the sum originally due to any Lender or the Administrative Agent, as the case may be, in the specified currency and (b) any amounts shared with other Lenders as a result of allocations of such excess as a disproportionate payment to such Lender under Section 2.182.15, such Lender or the Administrative Agent, as the case may be, agrees to remit such excess to such the Borrower.
Appears in 5 contracts
Samples: Credit Agreement (Horizon Pharma PLC), Credit Agreement (Horizon Pharma PLC), Credit Agreement (Horizon Pharma PLC)
Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due from any Borrower Guarantor hereunder in the currency expressed to be payable herein (the “specified currency”) into another currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the specified currency with such other currency at the Administrative Agent’s main New York City office on the Business Day preceding that on which final, non-appealable judgment is given. The obligations of each Borrower Guarantor in respect of any sum due to any Lender or the Administrative Agent hereunder shall, notwithstanding any judgment in a currency other than the specified currency, be discharged only to the extent that on the Business Day following receipt by such Lender or any Holder of Secured Obligations (including the Administrative Agent (Agent), as the case may be) , of any sum adjudged to be so due in such other currency such Lender or Holder of Secured Obligations (including the Administrative Agent (Agent), as the case may be) , may in accordance with normal, reasonable banking procedures purchase the specified currency with such other currency. If the amount of the specified currency so purchased is less than the sum originally due to such Lender or Holder of Secured Obligations (including the Administrative Agent), as the case may be, in the specified currency, each Borrower Guarantor agrees, to the fullest extent that it may effectively do so, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or Holder of Secured Obligations (including the Administrative Agent), as the case may be, against such loss, and if the amount of the specified currency so purchased exceeds (a) the sum originally due to any Lender or Holder of Secured Obligations (including the Administrative Agent), as the case may be, in the specified currency and (b) any amounts shared with other Lenders Holders of Secured Obligations as a result of allocations of such excess as a disproportionate payment to such Lender other Holder of Secured Obligations under Section 2.182.18 of the Credit Agreement, such Lender or Holder of Secured Obligations (including the Administrative Agent), as the case may be, agrees agrees, by accepting the benefits hereof, to remit such excess to such BorrowerGuarantor.
Appears in 5 contracts
Samples: Credit Agreement (Heidrick & Struggles International Inc), Amendment and Restatement Agreement (Heidrick & Struggles International Inc), Credit Agreement (Heidrick & Struggles International Inc)
Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due from any the Borrower hereunder in the currency expressed to be payable herein (the “specified currency”) into another currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the specified currency with such other currency at the Administrative Agent’s main New York City office on the Business Day preceding that on which final, non-appealable judgment is given. The obligations of each Borrower in respect of any sum due to any Lender or the Administrative Agent hereunder shall, notwithstanding any judgment in a currency other than the specified currency, be discharged only to the extent that on the Business Day following receipt by such Lender or the Administrative Agent (as the case may be) of any sum adjudged to be so due in such other currency such Lender or the Administrative Agent (as the case may be) may in accordance with normal, reasonable banking procedures purchase the specified currency with such other currency. If the amount of the specified currency so purchased is less than the sum originally due to such Lender or the Administrative Agent, as the case may be, in the specified currency, each the Borrower agrees, to the fullest extent that it may effectively do so, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or the Administrative Agent, as the case may be, against such loss, and if the amount of the specified currency so purchased exceeds (a) the sum originally due to any Lender or the Administrative Agent, as the case may be, in the specified currency and (b) any amounts shared with other Lenders as a result of allocations of such excess as a disproportionate payment to such Lender under Section 2.18, such Lender or the Administrative Agent, as the case may be, agrees to remit such excess to such the Borrower.
Appears in 5 contracts
Samples: Credit Agreement (Symmetry Medical Inc.), Credit Agreement (Symmetry Medical Inc.), Credit Agreement (Apollo Group Inc)
Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due from any the Borrower hereunder in the currency expressed to be payable herein (the “specified currency”) into another currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the specified currency with such other currency at the Administrative Agent’s main New York City office offices on the Business Day preceding that on which final, non-appealable judgment is given. The obligations of each the Borrower in respect of any sum due to any Lender or the Administrative Agent hereunder shall, notwithstanding any judgment in a currency other than the specified currency, be discharged only to the extent that on the Business Day following receipt by such Lender or the Administrative Agent (as the case may be) of any sum adjudged to be so due in such other currency such Lender or the Administrative Agent (as the case may be) may in accordance with normal, reasonable banking procedures purchase the specified currency with such other currency. If the amount of the specified currency so purchased is less than the sum originally due to such Lender or the Administrative Agent, as the case may be, in the specified currency, each the Borrower agrees, to the fullest extent that it may effectively do so, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or the Administrative Agent, as the case may be, against such loss, and if the amount of the specified currency so purchased exceeds (a) the sum originally due to any Lender or the Administrative Agent, as the case may be, in the specified currency and (b) any amounts shared with other Lenders as a result of allocations of such excess as a disproportionate payment to such Lender under Section 2.183.3, such Lender or the Administrative Agent, as the case may be, agrees to remit such excess to such the Borrower.
Appears in 5 contracts
Samples: Credit Agreement (Epr Properties), Credit Agreement (Epr Properties), Credit Agreement (Epr Properties)
Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due from any Borrower hereunder in the currency expressed to be payable herein (the “specified currency”) into another currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the specified currency with such other currency at the Administrative Agent’s main New York City office on the Business Day preceding that on which final, non-appealable nonappealable judgment is given. The obligations of each the applicable Borrower in respect of any sum due to any Lender or the Administrative Agent hereunder shall, notwithstanding any judgment in a currency other than the specified currency, be discharged only to the extent that on the Business Day following receipt by such Lender or the Administrative Agent (as the case may be) of any sum adjudged to be so due in such other currency such Lender or the Administrative Agent (as the case may be) may in accordance with normal, reasonable banking procedures purchase the specified currency with such other currency. If the amount of the specified currency so purchased is less than the sum originally due to such Lender or the Administrative Agent, as the case may be, in the specified currency, each such Borrower agrees, to the fullest extent that it may effectively do so, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or the Administrative Agent, as the case may be, against such loss, and if the amount of the specified currency so purchased exceeds (a) the sum originally due to any Lender or the Administrative Agent, as the case may be, in the specified currency and (b) any amounts shared with other Lenders as a result of allocations of such excess as a disproportionate payment to such Lender under Section 2.1812.2, such Lender or the Administrative Agent, as the case may be, agrees to remit such excess to such Borrower.
Appears in 5 contracts
Samples: Revolving Credit Agreement (Visa Inc.), Five Year Revolving Credit Agreement (Visa Inc.), Five Year Revolving Credit Agreement (Visa Inc.)
Judgment Currency. If If, for the purposes of obtaining judgment in any court court, it is necessary to convert a sum due from any Borrower hereunder in the currency expressed to be payable herein (the “specified currency”) into another currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the specified currency with such other currency at the Administrative Agent’s main New York City office in Charlotte, North Carolina on the Business Day preceding that on which the final, non-appealable judgment is given. The obligations of each Borrower in respect of any sum due to any Lender or the Administrative Agent hereunder shall, notwithstanding any judgment in a currency other than the specified currency, be discharged only to the extent that on the Business Day following receipt by such Lender or the Administrative Agent (as the case may be) of any sum adjudged to be so due in such other currency such Lender or the Administrative Agent (as the case may be) may in accordance with normal, reasonable banking procedures purchase the specified currency with such other currency. If the amount of the specified currency so purchased is less than the sum originally due to such Lender or the Administrative Agent, as the case may be, in the specified currency, each Borrower agrees, to the fullest extent that it may effectively do so, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or the Administrative Agent, as the case may be, against such loss, and if the amount of the specified currency so purchased exceeds (a) the sum originally due to any Lender or the Administrative Agent, as the case may be, in the specified currency and (b) any amounts shared with other Lenders as a result of allocations of such excess as a disproportionate payment to such Lender under Section 2.1812.2, such Lender or the Administrative Agent, as the case may be, agrees to remit such excess to such the applicable Borrower.
Appears in 5 contracts
Samples: Credit Agreement (Woodward, Inc.), Credit Agreement (Woodward, Inc.), Credit Agreement (Woodward, Inc.)
Judgment Currency. (a) If for the purposes of obtaining judgment in any court it is necessary to convert a sum due from any Borrower hereunder in the one currency expressed to be payable herein (the “specified currency”) into another currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the specified first currency with such other currency at the Administrative AgentCitibank N.A.’s main New York City principal office in London at 11:00 A.M. (London time) on the Business Day preceding that on which final, non-appealable final judgment is given. .
(b) The obligations obligation of each Borrower Loan Party in respect of any sum due from it in any currency (the “Relevant Currency”) to any Lender or the Administrative Agent hereunder shall, notwithstanding any judgment in a currency any other than the specified currency, be discharged only to the extent that on the Business Day following receipt by such Lender or the Administrative Agent (including by the Administrative Agent on behalf of such Lender, as the case may be) ), of any sum adjudged to be so due in such other currency currency, such Lender or the Administrative Agent (as the case may be) may in accordance with normal, reasonable normal banking procedures purchase the specified currency Relevant Currency with such other currency. If the amount of the specified currency Relevant Currency so purchased is less than the such sum originally due to such Lender or the Administrative Agent, Agent (as the case may be, ) in the specified currencyRelevant Currency, each Borrower Loan Party agrees, to the fullest extent that it may effectively do so, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or the Administrative Agent, Agent (as the case may be, ) against such loss, and if the amount of the specified currency Relevant Currency so purchased exceeds (a) the such sum originally due to any Lender or the Administrative Agent, Agent (as the case may be, ) in the specified currency and (b) any amounts shared with other Lenders as a result of allocations of such excess as a disproportionate payment to such Lender under Section 2.18Relevant Currency, such Lender or the Administrative Agent, Agent (as the case may be, ) agrees to promptly remit to the applicable Loan Party such excess to such Borrowerexcess.
Appears in 5 contracts
Samples: Term Loan Agreement (Digital Realty Trust, L.P.), Senior Credit Agreement (Digital Realty Trust, L.P.), Term Loan Agreement (Digital Realty Trust, L.P.)
Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due from any Borrower Loan Party hereunder in the currency expressed to be payable herein (the “specified currency”) into another currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the specified currency with such other currency at the Administrative Agent’s main New York City office on the Business Day preceding that on which final, non-non appealable judgment is given. The obligations of each the Borrower and any other Loan Party in respect of any sum due to any Lender or the Administrative Agent hereunder shall, notwithstanding any judgment in a currency other than the specified currency, be discharged only to the extent that on the Business Day following receipt by such Lender or the Administrative Agent (as the case may be) of any sum adjudged to be so due in such other currency such Lender or the Administrative Agent (as the case may be) may in accordance with normal, reasonable banking procedures purchase the specified currency with such other currency. If the amount of the specified currency so purchased is less than the sum originally due to such Lender or the Administrative Agent, as the case may be, in the specified currency, each Borrower Loan Party agrees, to the fullest extent that it may effectively do so, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or the Administrative Agent, as the case may be, against such loss, and if the amount of the specified currency so purchased exceeds (a) the sum originally due to any Lender or the Administrative Agent, as the case may be, in the specified currency and (b) any amounts shared with other Lenders as a result of allocations of such excess as a disproportionate payment to such Lender under Section 2.18, such Lender or the Administrative Agent, as the case may be, agrees to remit such excess to such Borrowerthe applicable Loan Party.
Appears in 5 contracts
Samples: Credit Agreement (Papa Johns International Inc), Credit Agreement (Papa Johns International Inc), Credit Agreement (Papa Johns International Inc)
Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due from any Borrower hereunder in the currency expressed to be payable herein (the “specified currency”) into another currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the specified currency with such other currency at the Administrative Agent’s main New York City office offices on the Business Day preceding that on which final, non-appealable judgment is given. The obligations of each Borrower in respect of any sum due to any Lender or the Administrative Agent hereunder shall, notwithstanding any judgment in a currency other than the specified currency, be discharged only to the extent that on the Business Day following receipt by such Lender or the Administrative Agent (as the case may be) of any sum adjudged to be so due in such other currency such Lender or the Administrative Agent (as the case may be) may in accordance with normal, reasonable banking procedures purchase the specified currency with such other currency. If the amount of the specified currency so purchased is less than the sum originally due to such Lender or the Administrative Agent, as the case may be, in the specified currency, each Borrower agrees, to the fullest extent that it may effectively do so, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or the Administrative Agent, as the case may be, against such loss, and if the amount of the specified currency so purchased exceeds (a) the sum originally due to any Lender or the Administrative Agent, as the case may be, in the specified currency and (b) any amounts shared with other Lenders as a result of allocations of such excess as a disproportionate payment to such Lender under Section 2.1811.2, such Lender or the Administrative Agent, as the case may be, agrees to remit such excess to such Borrower.
Appears in 5 contracts
Samples: Credit Agreement (Polaris Inc.), Credit Agreement (Polaris Inc.), Credit Agreement (Polaris Inc.)
Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due from any the Borrower hereunder in the currency expressed to be payable herein (the “specified currency”) into another currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the specified currency with such other currency at the Administrative Agent’s main New York City office offices on the Business Day preceding that on which final, non-appealable judgment is given. The obligations of each the Borrower in respect of any sum due to any Lender or the Administrative Agent hereunder shall, notwithstanding any judgment in a currency other than the specified currency, be discharged only to the extent that on the Business Day following receipt by such Lender or the Administrative Agent (as the case may be) of any sum adjudged to be so due in such other currency such Lender or the Administrative Agent (as the case may be) may in accordance with normal, reasonable banking procedures purchase the specified currency with such other currency. If the amount of the specified currency so purchased is less than the sum originally due to such Lender or the Administrative Agent, as the case may be, in the specified currency, each the Borrower agrees, to the fullest extent that it may effectively do so, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or the Administrative Agent, as the case may be, against such loss, and if the amount of the specified currency so purchased exceeds (a) the sum originally due to any Lender or the Administrative Agent, as the case may be, in the specified currency and (b) any amounts shared with other Lenders as a result of allocations of such excess as a disproportionate payment to such Lender under Section 2.18the requirements of this Agreement, such Lender or the Administrative Agent, as the case may be, agrees to remit such excess to such the Borrower.
Appears in 4 contracts
Samples: Credit and Security Agreement (Sleep Number Corp), Credit and Security Agreement (Sleep Number Corp), Credit and Security Agreement (Sleep Number Corp)
Judgment Currency. If for For the purposes of obtaining judgment in any court if it is necessary to convert a sum due from any the Borrower hereunder or under any other Loan Document in the currency one Currency expressed to be payable herein (the “specified currencySpecified Currency”) into another currencyCurrency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the specified currency Specified Currency with such other currency at the Administrative Agent’s main New York City Cleveland, Ohio office on the Business Day preceding that on which final, non-appealable judgment is given. The obligations of each the Borrower in respect of any sum due to any Lender or the Administrative Agent hereunder shall, notwithstanding any judgment in a currency Currency other than the specified currencySpecified Currency, be discharged only to the extent that on the Business Day following receipt by such any Lender or (including the Administrative Agent (Agent), as the case may be) , of any sum adjudged to be so due in such other currency Currency such Lender or (including the Administrative Agent (Agent), as the case may be) , may in accordance with normal, reasonable banking procedures purchase the specified currency Specified Currency with such other currencyCurrency. If the amount of the specified currency Specified Currency so purchased is less than the sum originally due to such Lender or (including the Administrative Agent), as the case may be, in the specified currencySpecified Currency, each the Borrower agrees, to the fullest extent that it may effectively do so, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or (including the Administrative Agent), as the case may be, against such loss, and if the amount to pay such additional amounts upon demand from Agent. All of the specified currency so purchased exceeds (a) the sum originally due to any Lender or the Administrative Agent, as the case may be, in the specified currency Borrower's obligations under this §36 shall survive termination of this Agreement and (b) any amounts shared with repayment of all other Lenders as a result of allocations of such excess as a disproportionate payment to such Lender under Section 2.18, such Lender or the Administrative Agent, as the case may be, agrees to remit such excess to such BorrowerObligations hereunder.
Appears in 4 contracts
Samples: Credit Agreement (Global Net Lease, Inc.), Credit Agreement (Global Net Lease, Inc.), Credit Agreement (Global Net Lease, Inc.)
Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due from any the Borrower hereunder in the currency expressed to be payable herein Dollars (the “specified currency”) into another currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the specified currency with such other currency at the Administrative Agent’s main New York City office on the Business Day preceding that on which final, non-appealable judgment is given. The obligations of each the Borrower in respect of any sum due to any Lender or the Administrative Agent hereunder shall, notwithstanding any judgment in a currency other than the specified currency, be discharged only to the extent that on the Business Day following receipt by such Lender or the Administrative Agent (as the case may be) of any sum adjudged to be so due in such other currency such Lender or the Administrative Agent (as the case may be) may in accordance with normal, reasonable banking procedures purchase the specified currency with such other currency. If the amount of the specified currency so purchased is less than the sum originally due to such Lender or the Administrative Agent, as the case may be, in the specified currency, each the Borrower agrees, to the fullest extent that it may effectively do so, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or the Administrative Agent, as the case may be, against such loss, and if the amount of the specified currency so purchased exceeds (a) the sum originally due to any Lender or the Administrative Agent, as the case may be, in the specified currency and (b) any amounts shared with other Lenders as a result of allocations of such excess as a disproportionate payment to such Lender under Section 2.182.17, such Lender or the Administrative Agent, as the case may be, agrees to remit such excess to such the Borrower.
Appears in 4 contracts
Samples: Credit Agreement (Crown Media Holdings Inc), Credit Agreement (Crown Media Holdings Inc), Restatement Agreement (Delphi Automotive PLC)
Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due from any Borrower hereunder in the currency expressed to be payable herein (the “"specified currency”") into another currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the specified currency with such other currency at the Administrative Agent’s 's main New York City Chicago office on the Business Day preceding that on which final, non-appealable judgment is given. The obligations of each Borrower the Borrowers in respect of any sum due to any Lender or the Administrative Agent hereunder shall, notwithstanding any judgment in a currency other than the specified currency, be discharged only to the extent that on the Business Day following receipt by such Lender or the Administrative Agent (as the case may be) of any sum adjudged to be so due in such other currency such Lender or the Administrative Agent (as the case may be) may in accordance with normal, reasonable banking procedures purchase the specified currency with such other currency. If the amount of the specified currency so purchased is less than the sum originally due to such Lender or the Administrative Agent, as the case may be, in the specified currency, each Borrower agreesthe Borrowers agree, to the fullest extent that it they may effectively do so, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or the Administrative Agent, as the case may be, against such loss, and if the amount of the specified currency so purchased exceeds (a) the sum originally due to any Lender or the Administrative Agent, as the case may be, in the specified currency and (b) any amounts shared with other Lenders as a result of allocations of such excess as a disproportionate payment to such Lender under Section 2.1812.2, such Lender or the Administrative Agent, as the case may be, agrees to remit such excess to such the relevant Borrower.
Appears in 4 contracts
Samples: 364 Day Credit Agreement (Cardinal Health Inc), Five Year Credit Agreement (Cardinal Health Inc), Credit Agreement (Cardinal Health Inc)
Judgment Currency. If for the purposes purpose of obtaining judgment in any court court, it is necessary to convert a sum due from any Borrower hereunder or under any of the Notes in the currency expressed to be payable herein or under the Notes (the “"specified currency”") into another currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the specified currency with such other currency at the Administrative Agent’s main 's New York City office on the Business Day preceding that on which final, non-appealable final judgment is given. The obligations of each Borrower in respect of any sum due to any Lender Bank or the Administrative Agent hereunder or under any Note shall, notwithstanding any judgment in a currency other than the specified currency, be discharged only to the extent that on the Business Day following receipt by such Lender Bank or the Administrative Agent (as the case may be) of any sum adjudged to be so due in such other currency such Lender Bank or the Administrative Agent (as the case may be) may in accordance with normal, reasonable normal banking procedures purchase the specified currency with such other currency. If ; if the amount of the specified currency so purchased is less than the sum originally due to such Lender Bank or the Administrative Agent, as the case may be, in the specified currency, each Borrower agrees, to the fullest extent that it may effectively do so, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender Bank or the Administrative Agent, as the case may be, against such lossdifference, and if the amount of the specified currency so purchased exceeds exceeds:
(a) the sum originally due to any Lender Bank or the Administrative Agent, as the case may be, in the specified currency and and
(b) any amounts shared with other Lenders Banks as a result of allocations of such excess as a disproportionate payment to such Lender Bank under Section 2.18subsection 13.7, such Lender Bank or the Administrative Agent, as the case may be, agrees to remit such excess to such the applicable Borrower.
Appears in 4 contracts
Samples: 364 Day Credit Agreement (W R Grace & Co), Credit Agreement (Wr Grace & Co/De), 364 Day Credit Agreement (Wr Grace & Co/De)
Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due from any Borrower hereunder in the currency expressed to be payable herein (the “specified currency”) into another currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the specified currency with such other currency at the Administrative Agent’s main New York City office on the Business Day preceding that on which final, non-non appealable judgment is given. The obligations of each any Borrower in respect of any sum due to any Lender or the Administrative Agent hereunder shall, notwithstanding any judgment in a currency other than the specified currency, be discharged only to the extent that on the Business Day following receipt by such Lender or the Administrative Agent (as the case may be) of any sum adjudged to be so due in such other currency such Lender or the Administrative Agent (as the case may be) may in accordance with normal, reasonable banking procedures purchase the specified currency with such other currency. If the amount of the specified currency so purchased is less than the sum originally due to such Lender or the Administrative Agent, as the case may be, in the specified currency, each such Borrower agrees, to the fullest extent that it may effectively do so, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or the Administrative Agent, as the case may be, against such loss, and if the amount of the specified currency so purchased exceeds (a) the sum originally due to any Lender or the Administrative Agent, as the case may be, in the specified currency and (b) any amounts shared with other Lenders as a result of allocations of such excess as a disproportionate payment to such Lender under Section 2.183.1., such Lender or the Administrative Agent, as the case may be, agrees to remit such excess to such Borrower.
Appears in 4 contracts
Samples: Credit Agreement (Park Hotels & Resorts Inc.), Credit Agreement (Park Hotels & Resorts Inc.), Credit Agreement (Park Hotels & Resorts Inc.)
Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due from any the Borrower hereunder in the currency expressed to be payable herein (the “specified currency”) into another currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal usual and customary banking procedures the Administrative Agent could purchase the specified currency with such other currency at any of the Administrative Agent’s main New York City office offices in the United States of America on the Business Day preceding that on which final, non-appealable final judgment is given. The obligations of each the Borrower in respect of any sum due to any Lender or the Administrative Agent Lending Party hereunder shall, notwithstanding any judgment in a currency other than the specified currency, be discharged only to the extent that on the Business Day following receipt by such Lender, such Issuing Lender or the Administrative Agent (as the case may be) of any sum adjudged to be so due in such other currency such Lender, such Issuing Lender or the Administrative Agent (as the case may be) may in accordance with normal, reasonable banking procedures purchase the specified currency with such other currency. If the amount of the specified currency so purchased is less than the sum originally due to such Lender, such Issuing Lender or the Administrative Agent, as the case may be, in the specified currency, each the Borrower agrees, to the fullest extent that it may effectively do so, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender, such Issuing Lender or the Administrative Agent, as the case may be, against such loss, and if the amount of the specified currency so purchased exceeds (a) the sum originally due to any Lender, such Issuing Lender or the Administrative Agent, as the case may be, in the specified currency and (b) any amounts shared with other Lenders as a result of allocations of such excess as a disproportionate payment to such Lender under Section 2.182.12, such each Lender, each Issuing Lender or the Administrative Agent, as the case may be, agrees to promptly remit such excess to such the Borrower.
Appears in 4 contracts
Samples: Credit Agreement (Forum Energy Technologies, Inc.), Credit Agreement (Forum Energy Technologies, Inc.), Credit Agreement (Forum Energy Technologies, Inc.)
Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due from any a Borrower hereunder in the currency expressed to be payable herein (the “specified currency”) into another currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the specified currency with such other currency at the Administrative Agent’s main New York City office on the Business Day preceding that on which final, non-appealable judgment is given. The obligations of each Borrower the Borrowers in respect of any sum due to any Lender or the Administrative Agent hereunder shall, notwithstanding any judgment in a currency other than the specified currency, be discharged only to the extent that on the Business Day following receipt by such Lender or the Administrative Agent (as the case may be) of any sum adjudged to be so due in such other currency such Lender or the Administrative Agent (as the case may be) may in accordance with normal, reasonable banking procedures purchase the specified currency with such other currency. If the amount of the specified currency so purchased is less than the sum originally due to such Lender or the Administrative Agent, as the case may be, in the specified currency, each the applicable Borrower agrees, to the fullest extent that it may effectively do so, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or the Administrative Agent, as the case may be, against such loss, and if the amount of the specified currency so purchased exceeds (a) the sum originally due to any Lender or the Administrative Agent, as the case may be, in the specified currency and (b) any amounts shared with other Lenders as a result of allocations of such excess as a disproportionate payment to such Lender under Section 2.18, such Lender or the Administrative Agent, as the case may be, agrees to remit such excess to such Borrower.
Appears in 4 contracts
Samples: Amendment and Restatement Agreement (Endo International PLC), Credit Agreement (Endo International PLC), Credit Agreement (Endo International PLC)
Judgment Currency. (a) If for the purposes of obtaining judgment in any court it is necessary to convert a sum due from any Borrower hereunder or under the Notes in the Yen into another currency expressed to be payable herein (the “specified currency”"Other Currency") into another currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase Yen with the specified currency with such other currency Other Currency at the Administrative Agent’s main New York City office 11:00 A.M. (London time) on the first Business Day preceding that on which final, non-appealable final judgment is given. .
(b) The obligations obligation of each the Borrower in respect of any sum due in Yen from it to any Lender or the Administrative Agent hereunder or under the Note held by such Lender shall, notwithstanding any judgment in a currency other than the specified currencyany Other Currency, be discharged only to the extent that on the Business Day following receipt by such Lender or the Administrative Agent (as the case may be) of any sum adjudged to be so due in such other currency Other Currency, such Lender or the Administrative Agent (as the case may be) may in accordance with normal, reasonable normal banking procedures purchase the specified currency Yen with such other currencyOther Currency. If the amount of the specified currency Yen so purchased is less than the sum originally due under such judgment to such Lender or the Administrative Agent, Agent (as the case may be) in Yen, in the specified currency, each Borrower agrees, to the fullest extent that it may effectively do so, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or the Administrative Agent, Agent (as the case may be, ) against such loss, and if the amount of the specified currency Yen so purchased exceeds (a) the sum originally due under such judgment to any Lender or the Administrative Agent, Agent (as the case may be, ) in the specified currency and (b) any amounts shared with other Lenders as a result of allocations of such excess as a disproportionate payment to such Lender under Section 2.18Yen, such Lender or the Administrative Agent, Agent (as the case may be, ) agrees to remit to the Borrower such excess to such Borrowerexcess.
Appears in 4 contracts
Samples: Credit Agreement (Memc Electronic Materials Inc), Credit Agreement (Memc Electronic Materials Inc), Credit Agreement (Memc Electronic Materials Inc)
Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due from any Borrower hereunder in the currency expressed to be payable herein (the “specified currency”) into another currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the specified currency with such other currency at the Administrative Agent’s main New York City office Principal Office on the Business Day preceding that on which final, non-appealable non‑appealable judgment is given. The obligations of each Borrower in respect of any sum due to any Lender or the Administrative Agent hereunder shall, notwithstanding any judgment in a currency other than the specified currency, and whether pursuant to a judgment or otherwise, be discharged only to the extent that on the Business Day following receipt by such Lender or the Administrative Agent (as the case may be) of any sum adjudged to be so due in such other currency such Lender or the Administrative Agent (as the case may be) may in accordance with normal, reasonable banking procedures purchase the specified currency with such other currency. If the amount of the specified currency so purchased is less than the sum originally due to such Lender or the Administrative Agent, as the case may be, in the specified currency, each Borrower agrees, to the fullest extent that it may effectively do so, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or the Administrative Agent, as the case may be, against such loss, and if the amount of the specified currency so purchased exceeds (a) the sum originally due to any Lender or the Administrative Agent, as the case may be, in the specified currency and (b) any amounts shared with other Lenders as a result of allocations of such excess as a disproportionate payment to such Lender under Section 2.18, such Lender or the Administrative Agent, as the case may be, agrees to remit such excess to such Borrower.
Appears in 4 contracts
Samples: Credit Agreement (Worthington Industries Inc), Credit Agreement (Worthington Industries Inc), Credit Agreement (Worthington Industries Inc)
Judgment Currency. (a) If for the purposes purpose of obtaining or enforcing a judgment in any court it is necessary to convert a sum due from any Borrower Credit Party hereunder or under any of the Notes in the currency expressed to be payable herein (the “specified currency”) dollars or euros into another currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the specified currency dollars or euros, as applicable, with such other currency at the Administrative Agent’s main New York City office on the Business Day preceding that on which final, non-appealable final judgment is given. .
(b) The obligations of each Borrower Credit Party in respect of any sum due to any Lender Bank or the Administrative Agent hereunder or under any Note in any currency (the “Primary Currency”) shall, notwithstanding any judgment in a any other currency other than (the specified currency“Judgment Currency”), be discharged only to the extent that that, on the Business Day following receipt by such Lender Bank or the Administrative Agent (as the case may be) of any sum adjudged to be so due in the Judgment Currency, such other currency such Lender Bank or the Administrative Agent (as the case may be) may in accordance with normal, reasonable normal banking procedures purchase the specified currency applicable Primary Currency with such other currencythe Judgment Currency. If the amount of the specified currency applicable Primary Currency so purchased is less than the sum originally due to such Lender Bank or the Administrative Agent, as the case may be, in the specified currencyapplicable Primary Currency, each Borrower Credit Party agrees, to the fullest extent that it may effectively do so, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender Bank or the Administrative Agent, as the case may be, against such loss, and if the amount of the specified currency applicable Primary Currency so purchased exceeds the sum of (ai) the sum amount originally due to any Lender such Bank or the Administrative Agent, as the case may be, in the specified currency and (bii) any amounts shared with other Lenders Banks as a result of allocations of such excess as a disproportionate payment to such Lender Bank under Section 2.1811.05, such Lender Bank or the Administrative Agent, as the case may be, agrees to remit such excess to such Borrowerthe relevant Credit Party.
Appears in 4 contracts
Samples: 364 Day Revolving Credit Agreement (Eaton Corp PLC), 364 Day Revolving Credit Agreement (Eaton Corp PLC), Revolving Credit Agreement (Eaton Corp PLC)
Judgment Currency. If If, for the purposes of obtaining judgment in any court court, it is necessary to convert a sum due from any Borrower hereunder in the currency expressed to be payable herein (the “specified currency”) into another currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the specified currency with such other currency at the Administrative Agent’s main New York City office in Chicago, Illinois on the Business Day preceding that on which the final, non-appealable judgment is given. The obligations of each the applicable Borrower in respect of any sum due to any Lender or the Administrative Agent hereunder shall, notwithstanding any judgment in a currency other than the specified currency, be discharged only to the extent that on the Business Day following receipt by such Lender or the Administrative Agent (as the case may be) of any sum adjudged to be so due in such other currency such Lender or the Administrative Agent (as the case may be) may in accordance with normal, reasonable banking procedures purchase the specified currency with such other currency. If the amount of the specified currency so purchased is less than the sum originally due to such Lender or the Administrative Agent, as the case may be, in the specified currency, each such Borrower agrees, to the fullest extent that it may effectively do so, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or the Administrative Agent, as the case may be, against such loss, and if the amount of the specified currency so purchased exceeds (a) the sum originally due to any Lender or the Administrative Agent, as the case may be, in the specified currency and (b) any amounts shared with other Lenders as a result of allocations of such excess as a disproportionate payment to such Lender under Section 2.1811.2, such Lender or the Administrative Agent, as the case may be, agrees to remit such excess to such the applicable Borrower.
Appears in 4 contracts
Samples: Credit Agreement (Actuant Corp), Credit Agreement (Actuant Corp), Credit Agreement (Actuant Corp)
Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due from any Borrower the Borrowers hereunder in the currency expressed to be payable herein (the “"specified currency”") into another currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the specified currency with such other currency at the Administrative Agent’s 's main New York City office on the Business Day preceding that on which final, non-appealable appealable, judgment is given. The obligations of each Borrower the Borrowers in respect of any sum due to any Lender Lender, the L/C Issuer or the Administrative Agent hereunder shall, notwithstanding any judgment in a currency other than the specified currency, be discharged only to the extent that on the Business Day following receipt by such Lender Lender, the L/C Issuer or the Administrative Agent (as the case may be) of any sum adjudged to be so due in such other currency such Lender Lender, the L/C Issuer or the Administrative Agent (as the case may be) may in accordance with normal, reasonable banking procedures purchase the specified currency with such other currency. If the amount of the specified currency so purchased is less than the sum originally due to such Lender Lender, the L/C Issuer or the Administrative Agent, Agent (as the case may be, ) in the specified currency, each Borrower agreesthe Borrowers agree, to the fullest extent that it may effectively do so, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender Lender, the L/C Issuer or the Administrative Agent, as the case may be, against such loss, and if the amount of the specified currency so purchased exceeds (a) the sum originally due to any Lender Lender, the L/C Issuer or the Administrative Agent, Agent (as the case may be, ) in the specified currency and (b) any amounts shared with other Lenders as a result of allocations of such excess as a disproportionate payment to such Lender under Section 2.1810.06(d), such Lender Lender, the L/C Issuer or the Administrative Agent, as the case may be, agrees to remit such excess to such Borrowerthe Borrowers.
Appears in 4 contracts
Samples: Credit Agreement (Core Laboratories N V), Credit Agreement (Core Laboratories N V), Credit Agreement (Core Laboratories N V)
Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due from any the Borrower hereunder in the currency expressed to be payable herein (the “specified currencySpecified Currency”) into another currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the specified currency Specified Currency with such other currency at the Administrative Agent’s main New York City office on the Business Day preceding that on which final, non-appealable final judgment is given. The obligations of each the Borrower in respect of any sum due to any Lender Lender, the Issuing Bank or the Administrative Agent hereunder shall, notwithstanding any judgment in a currency other than the specified currencySpecified Currency, be discharged only to the extent that on the Business Day following receipt by such Lender Lender, the Issuing Bank or the Administrative Agent (as the case may be) of any sum adjudged to be so due in such other currency such Lender or the Administrative Agent (as the case may be) may in accordance with normal, reasonable normal banking procedures purchase the specified currency Specified Currency with such other currency. If ; if the amount of the specified currency Specified Currency so purchased is less than the sum originally due to such Lender Lender, the Issuing Bank or the Administrative Agent, as the case may be, in the specified currencySpecified Currency, each the Borrower agrees, to the fullest extent that it may effectively do so, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender Lender, the Issuing Bank or the Administrative Agent, as the case may be, against such loss, and if the amount of the specified currency so purchased exceeds (a) the sum originally due to any Lender or the Administrative Agent, as the case may be, in the specified currency and (b) any amounts shared with other Lenders as a result of allocations of such excess as a disproportionate payment to such Lender under Section 2.18, such Lender or the Administrative Agent, as the case may be, agrees to remit such excess to such Borrower.
Appears in 4 contracts
Samples: Credit Agreement (Masimo Corp), Loan Agreement (Cheesecake Factory Inc), Loan Agreement (Cheesecake Factory Inc)
Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due from any an Applicable Borrower hereunder in the currency expressed to be payable herein (the “specified currency”) into another currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the specified currency with such other currency at the Administrative Agent’s main New York City office on the Business Day preceding that on which final, non-appealable judgment is given. The obligations of each the Applicable Borrower and any Additional Borrower in respect of any sum due to any Lender or the Administrative Agent hereunder shall, notwithstanding any judgment in a currency other than the specified currency, be discharged only to the extent that on the Business Day following receipt by such Lender or the Administrative Agent (as the case may be) of any sum adjudged to be so due in such other currency such Lender or the Administrative Agent (as the case may be) may in accordance with normal, reasonable banking procedures purchase the specified currency with such other currency. If the amount of the specified currency so purchased is less than the sum originally due to such Lender or the Administrative Agent, as the case may be, in the specified currency, each the Applicable Borrower agrees, to the fullest extent that it may effectively do so, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or the Administrative Agent, as the case may be, against such loss, and if the amount of the specified currency so purchased exceeds (a) the sum originally due to any Lender or the Administrative Agent, as the case may be, in the specified currency and (b) any amounts shared with other Lenders as a result of allocations of such excess as a disproportionate payment to such Lender under Section 2.18, such Lender or the Administrative Agent, as the case may be, agrees to remit such excess to such Borrowerthe Borrowers.
Appears in 4 contracts
Samples: Credit Agreement (Icon PLC), Credit Agreement (Icon PLC), Credit Agreement (Icon PLC)
Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due from any the Borrower hereunder in the currency expressed to be payable herein (the “specified currency”) into another currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the specified currency with such other currency at the Administrative Agent’s main New York City office on the Business Day preceding that on which final, non-appealable nonappealable judgment is given. The obligations of each the Borrower in respect of any sum due to any Lender or the Administrative Agent hereunder shall, notwithstanding any judgment in a currency other than the specified currency, be discharged only to the extent that on the Business Day following receipt by such Lender or the Administrative Agent (as the case may be) of any sum adjudged to be so due in such other currency such Lender or the Administrative Agent (as the case may be) may in accordance with normal, reasonable banking procedures purchase the specified currency with such other currency. If the amount of the specified currency so purchased is less than the sum originally due to such Lender or the Administrative Agent, as the case may be, in the specified currency, each the Borrower agrees, to the fullest extent that it may effectively do so, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or the Administrative Agent, as the case may be, against such loss, and if the amount of the specified currency so purchased exceeds (a) the sum originally due to any Lender or the Administrative Agent, as the case may be, in the specified currency and (b) any amounts shared with other Lenders as a result of allocations of such excess as a disproportionate payment to such Lender under Section 2.18, such Lender or the Administrative Agent, as the case may be, agrees to remit such excess to such the Borrower.
Appears in 4 contracts
Samples: Credit Agreement (Hill-Rom Holdings, Inc.), Credit Agreement (Hill-Rom Holdings, Inc.), Credit Agreement (Hill-Rom Holdings, Inc.)
Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due from any an Applicable Borrower hereunder in the currency expressed to be payable herein (the “specified currency”) into another currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the specified currency with such other currency at the Administrative Agent’s main New York City office on the Business Day preceding that on which final, non-appealable judgment is given. The obligations of each the Borrower and any Additional Borrower in respect of any sum due to any Lender or the Administrative Agent hereunder shall, notwithstanding any judgment in a currency other than the specified currency, be discharged only to the extent that on the Business Day following receipt by such Lender or the Administrative Agent (as the case may be) of any sum adjudged to be so due in such other currency such Lender or the Administrative Agent (as the case may be) may in accordance with normal, reasonable banking procedures purchase the specified currency with such other currency. If the amount of the specified currency so purchased is less than the sum originally due to such Lender or the Administrative Agent, as the case may be, in the specified currency, each the Applicable Borrower agrees, to the fullest extent that it may effectively do so, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or the Administrative Agent, as the case may be, against such loss, and if the amount of the specified currency so purchased exceeds (a) the sum originally due to any Lender or the Administrative Agent, as the case may be, in the specified currency and (b) any amounts shared with other Lenders as a result of allocations of such excess as a disproportionate payment to such Lender under Section 2.18, such Lender or the Administrative Agent, as the case may be, agrees to remit such excess to such the Borrower.
Appears in 4 contracts
Samples: Credit Agreement (Horizon Therapeutics Public LTD Co), Credit Agreement (Horizon Therapeutics Public LTD Co), Credit Agreement (Horizon Therapeutics Public LTD Co)
Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due from any Borrower hereunder in the currency expressed to be payable herein (the “specified currency”) into another currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the specified currency with such other currency at the Administrative Agent’s main New York City office on the Business Day preceding that on which final, non-appealable judgment is given. The obligations of each Borrower in respect of any sum due to any Lender Lender, the Issuing Bank or the Administrative Agent hereunder shall, notwithstanding any judgment in a currency other than the specified currencycurrency and to the fullest extent permitted by law, be discharged only to the extent that on the Business Day following receipt by such Lender Lender, Issuing Bank or the Administrative Agent (as the case may be) of any sum adjudged to be so due in such other currency such Lender or the Administrative Agent (as the case may be) may in accordance with normal, reasonable banking procedures purchase the specified currency with such other currency. If the amount of the specified currency so purchased is less than the sum originally due to such Lender Lender, Issuing Bank or the Administrative Agent, as the case may be, in the specified currency, each Borrower agrees, to the fullest extent that it may effectively do so, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender Lender, Issuing Bank or the Administrative Agent, as the case may be, against such loss, and if the amount of the specified currency so purchased exceeds (a) the sum originally due to any Lender or the Administrative Agent, as the case may be, in the specified currency and (b) any amounts shared with other Lenders as a result of allocations of such excess as a disproportionate payment to such a Lender under Section 2.18, such Lender or the Administrative Agent, as the case may be, agrees to remit such excess to such Borrower.
Appears in 3 contracts
Samples: Credit Agreement (Masco Corp /De/), Credit Agreement (Masco Corp /De/), Credit Agreement (Masco Corp /De/)
Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due from any Borrower the Company hereunder in the currency expressed to be payable herein (the “specified currency”) into another currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the specified currency with such other currency at the Administrative Agent’s main New York City office on the Business Day preceding that on which final, non-appealable judgment is given. The obligations of each Borrower the Company in respect of any sum due to any Lender or the Administrative Agent hereunder shall, notwithstanding any judgment in a currency other than the specified currency, be discharged only to the extent that on the Business Day following receipt by such Lender or the Administrative Agent (as the case may be) of any sum adjudged to be so due in such other currency such Lender or the Administrative Agent (as the case may be) may in accordance with normal, reasonable banking procedures purchase the specified currency with such other currency. If the amount of the specified currency so purchased is less than the sum originally due to such Lender or the Administrative Agent, as the case may be, in the specified currency, each Borrower the Company agrees, to the fullest extent that it may effectively do so, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or the Administrative Agent, as the case may be, against such loss, and if the amount of the specified currency so purchased exceeds (a) the sum originally due to any Lender or the Administrative Agent, as the case may be, in the specified currency and (b) any amounts shared with other Lenders as a result of allocations of such excess as a disproportionate payment to such Lender under Section 2.18terms of this Agreement, such Lender or the Administrative Agent, as the case may be, agrees to remit such excess to such Borrowerthe Company.
Appears in 3 contracts
Samples: Credit Agreement (Osi Systems Inc), Credit Agreement (Osi Systems Inc), Credit Agreement (Osi Systems Inc)
Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due from any the Borrower hereunder in the currency expressed to be payable herein (the “specified currency”) into another currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the specified currency with such other currency at the Administrative Agent’s main New York City Chicago office on the Business Day preceding that on which final, non-appealable judgment is given. The obligations of each the Borrower in respect of any sum due to any Lender or the Administrative Agent hereunder shall, notwithstanding any judgment in a currency other than the specified currency, be discharged only to the extent that on the Business Day following receipt by such Lender or the Administrative Agent (as the case may be) of any sum adjudged to be so due in such other currency such Lender or the Administrative Agent (as the case may be) may in accordance with normal, reasonable banking procedures purchase the specified currency with such other currency. If the amount of the specified currency so purchased is less than the sum originally due to such Lender or the Administrative Agent, as the case may be, in the specified currency, each the Borrower agrees, to the fullest extent that it may effectively do so, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or the Administrative Agent, as the case may be, against such loss, and if the amount of the specified currency so purchased exceeds (a) the sum originally due to any Lender or the Administrative Agent, as the case may be, in the specified currency and (b) any amounts shared with other Lenders as a result of allocations of such excess as a disproportionate payment to such Lender under Section 2.1811.2, such Lender or the Administrative Agent, as the case may be, agrees to remit such excess to such the Borrower.
Appears in 3 contracts
Samples: Credit Agreement (Bio Rad Laboratories Inc), Credit Agreement (Bio Rad Laboratories Inc), Credit Agreement (Bio Rad Laboratories Inc)
Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due from any the Borrower hereunder in the currency expressed to be payable herein (the “specified currency”) into another currency, the parties hereto agree, to the fullest extent that they may effectively do soso under applicable law, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the specified currency with such other currency at the Administrative Agent’s main New York City office on the Business Day preceding that on which final, non-appealable judgment is given. The obligations of each the Borrower in respect of any sum due to any Lender or the Administrative Agent hereunder shall, notwithstanding any judgment in a currency other than the specified currency, be discharged only to the extent that on the Business Day following receipt by such Lender or the Administrative Agent (as the case may be) of any sum adjudged to be so due in such other currency such Lender or the Administrative Agent (as the case may be) may in accordance with normal, reasonable banking procedures purchase the specified currency with such other currency. If the amount of the specified currency so purchased is less than the sum originally due to such Lender or the Administrative Agent, as the case may be, in the specified currency, each the Borrower agrees, to the fullest extent that it may effectively do soso under applicable law, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or the Administrative Agent, as the case may be, against such loss, and if the amount of the specified currency so purchased exceeds (a) the sum originally due to any Lender or the Administrative Agent, as the case may be, in the specified currency and (b) any amounts shared with other Lenders as a result of allocations of such excess as a disproportionate payment to such Lender under Section 2.18, such Lender or the Administrative Agent, as the case may be, agrees to remit such excess to such the Borrower.
Appears in 3 contracts
Samples: Credit Agreement (On Semiconductor Corp), Credit Agreement (On Semiconductor Corp), Credit Agreement (On Semiconductor Corp)
Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due from any the Borrower hereunder in the currency expressed to be payable herein (the “"specified currency”") into another currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the specified currency with such other currency at the Administrative Agent’s 's main New York City Chicago office on the Business Day preceding that on which final, non-appealable judgment is given. The obligations of each the Borrower in respect of any sum due to any Lender or the Administrative Agent hereunder shall, notwithstanding any judgment in a currency other than the specified currency, be discharged only to the extent that on the Business Day following receipt by such Lender or the Administrative Agent (as the case may be) of any sum adjudged to be so due in such other currency such Lender or the Administrative Agent (as the case may be) may in accordance with normal, reasonable banking procedures purchase the specified currency with such other currency. If the amount of the specified currency so purchased is less than the sum originally due to such Lender or the Administrative Agent, as the case may be, in the specified currency, each the Borrower agrees, to the fullest extent that it may effectively do so, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or the Administrative Agent, as the case may be, against such loss, and if the amount of the specified currency so purchased exceeds (a) the sum originally due to any Lender or the Administrative Agent, as the case may be, in the specified currency and (b) any amounts shared with other Lenders as a result of allocations of such excess as a disproportionate payment to such Lender under Section 2.1812.2, such Lender or the Administrative Agent, as the case may be, agrees to remit such excess to such the Borrower.
Appears in 3 contracts
Samples: Credit Agreement (Covansys Corp), Credit Agreement (Covansys Corp), Credit Agreement (Littelfuse Inc /De)
Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due from any Borrower hereunder in the currency expressed to be payable herein (the “specified currency”) into another currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the specified currency with such other currency at the Administrative Agent’s main New York City office on the Business Day preceding that on which final, non-appealable judgment is givengiven (which exchange rate may be the Exchange Rate). The obligations of each Borrower in respect of any sum due to any Lender or the Administrative Agent hereunder shall, notwithstanding any judgment in a currency other than the specified currency, be discharged only to the extent that on the Business Day following receipt by such Lender or the Administrative Agent (as the case may be) of any sum adjudged to be so due in such other currency such Lender or the Administrative Agent (as the case may be) may in accordance with normal, reasonable banking procedures purchase the specified currency with such other currency. If the amount of the specified currency so purchased is less than the sum originally due to such Lender or the Administrative Agent, as the case may be, in the specified currency, each Borrower agrees, to the fullest extent that it may effectively do so, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or the Administrative Agent, as the case may be, against such loss, and if the amount of the specified currency so purchased exceeds (a) the sum originally due to any Lender or the Administrative Agent, as the case may be, in the specified currency and (b) any amounts shared with other Lenders as a result of allocations of such excess as a disproportionate payment to such Lender under Section 2.18, such Lender or the Administrative Agent, as the case may be, agrees to remit such excess to such Borrower.
Appears in 3 contracts
Samples: Credit Agreement (John Bean Technologies CORP), Credit Agreement (John Bean Technologies CORP), Credit Agreement (John Bean Technologies CORP)
Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due from any Borrower Guarantor hereunder in the currency expressed to be payable herein (the “specified currency”) into another currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the specified currency with such other currency at the Administrative Agent’s main New York City Charlotte, North Carolina office on the Business Day preceding that on which final, non-appealable judgment is given. The obligations of each Borrower Guarantor in respect of any sum due to any Lender or the Administrative Agent hereunder shall, notwithstanding any judgment in a currency other than the specified currency, be discharged only to the extent that on the Business Day following receipt by such Lender or the Administrative Agent (as the case may be) of any sum adjudged to be so due in such other currency such Lender or the Administrative Agent (as the case may be) may in accordance with normal, reasonable banking procedures purchase the specified currency with such other currency. If the amount of the specified currency so purchased is less than the sum originally due to such Lender or the Administrative Agent, as the case may be, in the specified currency, each Borrower Guarantor agrees, to the fullest extent that it may effectively do so, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or the Administrative Agent, as the case may be, against such loss, and if the amount of the specified currency so purchased exceeds (a) the sum originally due to any Lender or the Administrative Agent, as the case may be, in the specified currency and (b) any amounts shared with other Lenders as a result of allocations of such excess as a disproportionate payment to such Lender under Section 2.182.10 of the Credit Agreement, such Lender or the Administrative Agent, as the case may be, agrees to remit such excess to such BorrowerGuarantor.
Appears in 3 contracts
Samples: Guaranty Agreement (Renaissancere Holdings LTD), Guaranty Agreement (Renaissancere Holdings LTD), Guaranty Agreement (Renaissancere Holdings LTD)
Judgment Currency. If If, for the purposes of obtaining judgment in any court court, it is necessary to convert a sum due from any the Borrower hereunder in the currency expressed to be payable herein (the “specified currency”) into another currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the specified currency with such other currency at the Administrative Agent’s main New York City office on the Business Day preceding that on which final, non-appealable judgment is given. The obligations of each the Borrower in respect of any sum due to any Lender or the Administrative Agent hereunder shall, notwithstanding any judgment in a currency other than the specified currency, be discharged only to the extent that on the Business Day following receipt by such Lender or the Administrative Agent (as the case may be) of any sum adjudged to be so due in such other currency such Lender or the Administrative Agent (as the case may be) may in accordance with normal, reasonable banking procedures purchase the specified currency with such other currency. If the amount of the specified currency so purchased is less than the sum originally due to such Lender or the Administrative Agent, as the case may be, in the specified currency, each the Borrower agrees, to the fullest extent that it may effectively do so, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or the Administrative Agent, as the case may be, against such loss, and if the amount of the specified currency so purchased exceeds (a) the sum originally due to any Lender or the Administrative Agent, as the case may be, in the specified currency and (b) any amounts shared with other Lenders as a result of allocations of such excess as a disproportionate payment to such Lender under Section 2.18, such Lender or the Administrative Agent, as the case may be, agrees to remit such excess to such the Borrower.
Appears in 3 contracts
Samples: Credit Agreement (Virtusa Corp), Credit Agreement (Progress Software Corp /Ma), Credit Agreement (Progress Software Corp /Ma)
Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due from any Borrower hereunder in the currency expressed to be payable herein (the “specified currency”) into another currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the specified currency with such other currency at the Administrative Agent’s main principal New York City office on the Business Day preceding that on which final, non-appealable judgment is given. The obligations of each Borrower in respect of any sum due to any Lender or the Administrative Agent hereunder shall, notwithstanding any judgment in a currency other than the specified currency, be discharged only to the extent that on the Business Day following receipt by such Lender or the Administrative Agent (as the case may be) of any sum adjudged to be so due in such other currency such Lender or the Administrative Agent (as the case may be) may in accordance with normal, reasonable banking procedures purchase the specified currency with such other currency. If the amount of the specified currency so purchased is less than the sum originally due to such Lender or the Administrative Agent, as the case may be, in the specified currency, each Borrower agrees, to the fullest extent that it may effectively do so, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or the Administrative Agent, as the case may be, against such loss, and if the amount of the specified currency so purchased exceeds (a) the sum originally due to any Lender Lender, any Issuing Bank or the Administrative Agent, as the case may be, in the specified currency and (b) any amounts shared with other Lenders as a result of allocations of such excess as a disproportionate payment to such Lender under Section 2.185.13, such Lender or the Administrative Agent, as the case may be, agrees to remit such excess to such Borrowerthe relevant Borrowers.
Appears in 3 contracts
Samples: Revolving Credit Agreement (Group 1 Automotive Inc), Revolving Credit Agreement (Group 1 Automotive Inc), Revolving Credit Agreement (Group 1 Automotive Inc)
Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due from any the Borrower hereunder in the currency expressed to be payable herein (the “specified currency”) into another currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the specified currency with such other currency at the Administrative Agent’s main New York City Chicago office on the Business Day preceding that on which final, non-appealable judgment is given. The obligations of each the Borrower in respect of any sum due to any Lender or the Administrative Agent hereunder shall, notwithstanding any judgment in a currency other than the specified currency, be discharged only to the extent that on the Business Day following receipt by such Lender or the Administrative Agent (as the case may be) of any sum adjudged to be so due in such other currency such Lender or the Administrative Agent (as the case may be) may in accordance with normal, reasonable banking procedures purchase the specified currency with such other currency. If the amount of the specified currency so purchased is less than the sum originally due to such Lender or the Administrative Agent, as the case may be, in the specified currency, each the Borrower agrees, to the fullest extent that it may effectively do so, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or the Administrative Agent, as the case may be, against such loss, and if the amount of the specified currency so purchased exceeds (a) the sum originally due to any Lender or the Administrative Agent, as the case may be, in the specified currency and (b) any amounts shared with other Lenders as a result of allocations of such excess as a disproportionate payment to such Lender under Section 2.1812.2, such Lender or the Administrative Agent, as the case may be, agrees to remit such excess to such the Borrower.
Appears in 3 contracts
Samples: 364 Day Credit Agreement (General Dynamics Corp), Amendment and Restatement Agreement (General Dynamics Corp), Five Year Credit Agreement (General Dynamics Corp)
Judgment Currency. (a) If for the purposes of obtaining judgment in any court it is necessary to convert a sum due from any Borrower hereunder in the currency expressed to be payable herein (the “specified currency”) Dollars into another currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the specified currency Dollars with such other currency at the Administrative AgentCitibank N.A.’s main New York City principal office in London at 11:00 A.M. (London time) on the Business Day preceding that on which final, non-appealable final judgment is given. .
(b) If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder in a Committed Foreign Currency into Dollars, the parties agree to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase such Committed Foreign Currency with Dollars at Citibank N.A.’s principal office in London at 11:00 A.M. (London time) on the Business Day preceding that on which final judgment is given.
(c) The obligations obligation of each the Borrower in respect of any sum due from it in any currency (the “Primary Currency”) to any Lender or the Administrative Agent hereunder shall, notwithstanding any judgment in a currency any other than the specified currency, be discharged only to the extent that on the Business Day following receipt by such Lender or the Administrative Agent (including by the Administrative Agent on behalf of such Lender, as the case may be) ), of any sum adjudged to be so due in such other currency currency, such Lender or the Administrative Agent (as the case may be) may in accordance with normal, reasonable normal banking procedures purchase the specified currency applicable Primary Currency with such other currency. If the amount of the specified currency applicable Primary Currency so purchased is less than the such sum originally due to such Lender or the Administrative Agent, Agent (as the case may be, ) in the specified currencyapplicable Primary Currency, each the Borrower agrees, to the fullest extent that it may effectively do so, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or the Administrative Agent, Agent (as the case may be, ) against such loss, and if the amount of the specified currency applicable Primary Currency so purchased exceeds (a) the such sum originally due to any Lender or the Administrative Agent, Agent (as the case may be, ) in the specified currency and (b) any amounts shared with other Lenders as a result of allocations of such excess as a disproportionate payment to such Lender under Section 2.18applicable Primary Currency, such Lender or the Administrative Agent, Agent (as the case may be, ) agrees to promptly remit to the Borrower such excess to such Borrowerexcess.
Appears in 3 contracts
Samples: Revolving Credit Agreement (Digital Realty Trust, L.P.), Revolving Credit Agreement (Digital Realty Trust, L.P.), Revolving Credit Agreement (Digital Realty Trust, Inc.)
Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due from any the Borrower hereunder in the currency expressed to be payable herein (the ““ specified currencycurrency ”) into another currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the specified currency with such other currency at the Administrative Agent’s main New York City office on the Business Day preceding that on which final, non-appealable judgment is given. The obligations of each the Borrower in respect of any sum due to any Lender or the Administrative Agent hereunder shall, notwithstanding any judgment in a currency other than the specified currency, be discharged only to the extent that on the Business Day following receipt by such Lender or the Administrative Agent (as the case may be) of any sum adjudged to be so due in such other currency such Lender or the Administrative Agent (as the case may be) may in accordance with normal, reasonable banking procedures purchase the specified currency with such other currency. If the amount of the specified currency so purchased is less than the sum originally due to such Lender or the Administrative Agent, as the case may be, in the specified currency, each the Borrower agrees, to the fullest extent that it may effectively do so, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or the Administrative Agent, as the case may be, against such loss, and if the amount of the specified currency so purchased exceeds (a) the sum originally due to any Lender or the Administrative Agent, as the case may be, in the specified currency and (b) any amounts shared with other Lenders as a result of allocations of such excess as a disproportionate payment to such Lender under Section 2.182.19, such Lender or the Administrative Agent, as the case may be, agrees to remit such excess to such Borrower.
Appears in 3 contracts
Samples: Credit Agreement (Kimball International Inc), Credit Agreement (Kimball Electronics, Inc.), Credit Agreement (Kimball Electronics, Inc.)
Judgment Currency. If If, for the purposes of obtaining judgment in any court court, it is necessary to convert a sum due from any a Borrower or a Lender, the Swing Line Bank or the Issuing Bank hereunder in the currency expressed to be payable herein (the “specified currency”) into another currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the specified currency with such other currency at the Administrative Agent’s main office in New York, New York City office on the Business Day preceding that on which the final, non-appealable judgment is given. The obligations of each Borrower in respect of any sum due to any Lender or the Administrative Agent hereunder shall, notwithstanding any judgment in a currency other than the specified currency, be discharged only to the extent that on the Business Day following receipt by such Lender or the Administrative Agent (as the case may be) of any sum adjudged to be so due in such other currency by the party to whom such Lender or the Administrative Agent (as the case may be) sum is owed, such party may in accordance with normal, reasonable banking procedures purchase the specified currency with such other currency. If the amount of the specified currency so purchased is less than the sum originally due to such Lender or the Administrative Agent, as the case may be, in the specified currency, each Borrower agreesparty hereto obligated to pay any such sum shall, to the fullest extent that it may effectively do so, as a separate obligation and notwithstanding any such judgment, indemnify the party to indemnify whom such Lender or the Administrative Agent, as the case may be, sum is owed against such loss, and if the amount of the specified currency so purchased exceeds (a) the sum originally due to any Lender or the Administrative Agent, as the case may be, in the specified currency (and (b) in the case of any Lender, any amounts shared with other Lenders as a result of allocations of such excess as a disproportionate payment to such Lender under Section 2.1812.2), the party to whom such Lender or the Administrative Agent, as the case may be, agrees to sum was owed shall remit such excess to such Borrowerthe paying party.
Appears in 3 contracts
Samples: Amendment and Restatement Agreement (Meritor Inc), Credit Agreement (Meritor Inc), Credit Agreement (Arvinmeritor Inc)
Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due from any the Borrower hereunder in the currency expressed to be payable herein (the “"specified currency”") into another currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the specified currency with such other currency at the Administrative Agent’s 's main New York City Chicago office on the Business Day preceding that on which final, non-appealable judgment is given. The obligations of each the Borrower in respect of any sum due to any Lender or the Administrative Agent hereunder shall, notwithstanding any judgment in a currency other than the specified currency, be discharged only to the extent that on the Business Day following receipt by such Lender or the Administrative Agent (as the case may be) of any sum adjudged to be so due in such other currency such Lender or the Administrative Agent (as the case may be) may in accordance with normal, reasonable banking procedures purchase the specified currency with such other currency. If the amount of the specified currency so purchased is less than the sum originally due to such Lender or the Administrative Agent, as the case may be, in the specified currency, each the Borrower agrees, to the fullest extent that it may effectively do so, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or the Administrative Agent, as the case may be, against such loss, and if the amount of the specified currency so purchased exceeds (a) the sum originally due to any Lender or the Administrative Agent, as the case may be, in the specified currency and (b) any amounts shared with other Lenders as a result of allocations of such excess as a disproportionate payment to such Lender under Section 2.1811.2, such Lender or the Administrative Agent, as the case may be, agrees to remit such excess to such the Borrower.
Appears in 3 contracts
Samples: Credit Agreement (Bio Rad Laboratories Inc), Credit Agreement (Ipc Holdings LTD), Credit Agreement (Bio Rad Laboratories Inc)
Judgment Currency. (a) If for the purposes of obtaining judgment in any court it is necessary to convert a sum due from hereunder or under any Borrower hereunder of the Notes in the any currency expressed to be payable herein (the “specified currencyOriginal Currency”) into another currencycurrency (the “Other Currency”), the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Domestic Administrative Agent (in the case where the Original Currency is U.S. Dollars) or the Canadian Administrative Agent (in the case where the Original Currency is Canadian Dollars) could purchase the specified currency Original Currency with such other currency the Other Currency at the Payment Office of such Administrative Agent’s main New York City office Agent on the second Business Day preceding that on which final, non-appealable final judgment is given. .
(b) The obligations obligation of each a Borrower in respect of any sum due in the Original Currency from it to any Lender or the either Administrative Agent hereunder shall, notwithstanding any judgment in a currency other than the specified currencyany Other Currency, be discharged only to the extent that on the Business Day following receipt by such Lender or the such Administrative Agent (as the case may be) of any sum adjudged to be so due in such other currency Other Currency, such Lender or the such Administrative Agent (as the case may be) may in accordance with normal, reasonable normal banking procedures purchase the specified currency U.S. Dollars or Canadian Dollars, as applicable, with such other currency. If Other Currency; if the amount of the specified currency Original Currency so purchased is less than the sum originally due to such Lender or the such Administrative Agent, Agent (as the case may be, ) in the specified currencyOriginal Currency, each Borrower agrees, to the fullest extent that it may effectively do soBorrowers agree, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or the such Administrative Agent, Agent (as the case may be, ) against such loss, and if the amount of the specified currency Original Currency so purchased exceeds (a) the sum originally due to any Lender or the such Administrative Agent, Agent (as the case may be, ) in the specified currency and (b) any amounts shared with other Lenders as a result of allocations of such excess as a disproportionate payment to such Lender under Section 2.18Original Currency, such Lender or the such Administrative Agent, Agent (as the case may be, ) agrees to remit to the applicable Borrower such excess to such Borrowerexcess.
Appears in 3 contracts
Samples: Credit Agreement (Genlyte Group Inc), Credit Agreement (Genlyte Group Inc), Credit Agreement (Genlyte Group Inc)
Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due from any the Borrower hereunder or under any of the Notes in the currency expressed to be payable herein or under the Notes (the “specified currency”) into another currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Facility Agent could purchase the specified currency with such other currency at the Administrative Facility Agent’s main New York City office on the Business Day preceding that on which final, non-appealable final judgment is given. The obligations of each the Borrower in respect of any sum due to any Lender or the Administrative Facility Agent hereunder or under any Note shall, notwithstanding any judgment in a currency other than the specified currency, be discharged only to the extent that on the Business Day following receipt by such Lender or the Administrative Facility Agent (as the case may be) of any sum adjudged to be so due in such other currency such Lender or the Administrative Facility Agent (as the case may be) may in accordance with normal, reasonable normal banking procedures purchase the specified currency with such other currency. If ; if the amount of the specified currency so purchased is less than the sum originally due to such Lender or the Administrative Facility Agent, as the case may be, in the specified currency, each the Borrower agrees, to the fullest extent that it may effectively do so, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or the Administrative Facility Agent, as the case may be, against such loss, and if the amount of the specified currency so purchased exceeds (a) the sum originally due to any Lender or the Administrative Facility Agent, as the case may be, in the specified currency and (b) any amounts shared with other Lenders as a result of allocations of such excess as a disproportionate payment to such Lender under Section 2.18currency, such Lender or the Administrative Facility Agent, as the case may be, agrees to remit such excess to such the Borrower.
Appears in 3 contracts
Samples: Credit Agreement, Credit Agreement (Gener8 Maritime, Inc.), Credit Agreement (Gener8 Maritime, Inc.)
Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due from any Borrower hereunder in the currency expressed to be payable herein (the “specified currency”) into another currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the specified currency with such other currency at the Administrative Agent’s main New York City office on the Business Day preceding that on which final, non-appealable nonappealable judgment is given. The obligations of each Borrower in respect of any sum due to any Lender or the Administrative Agent hereunder shall, notwithstanding any judgment in a currency other than the specified currency, be discharged only to the extent that on the Business Day following receipt by such Lender or the Administrative Agent (as the case may be) of any sum adjudged to be so due in such other currency such Lender or the Administrative Agent (as the case may be) may in accordance with normal, reasonable banking procedures purchase the specified currency with such other currency. If the amount of the specified currency so purchased is less than the sum originally due to such Lender or the Administrative Agent, as the case may be, in the specified currency, each Borrower agrees, to the fullest extent that it may effectively do so, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or the Administrative Agent, as the case may be, against such loss, and if the amount of the specified currency so purchased exceeds (a) the sum originally due to any Lender or the Administrative Agent, as the case may be, in the specified currency and (b) any amounts shared with other Lenders as a result of allocations of such excess as a disproportionate payment to such Lender under Section 2.18, such Lender or the Administrative Agent, as the case may be, agrees to remit such excess to such Borrower.
Appears in 3 contracts
Samples: Credit Agreement (LKQ Corp), Credit Agreement (LKQ Corp), Credit Agreement (Newmarket Corp)
Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due from any Borrower Loan Party hereunder in the currency expressed to be payable herein (the “specified currencySpecified Currency”) into another currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the specified currency Specified Currency with such other currency at the Administrative Agent’s main New York City office on the Business Day preceding that on which final, non-appealable judgment is given. The obligations of each Borrower Loan Party in respect of any sum due to any Lender or the Administrative Agent hereunder shall, notwithstanding any judgment in a currency other than the specified currencySpecified Currency, be discharged only to the extent that on the Business Day following receipt by such any Lender or (including the Administrative Agent (Agent), as the case may be) , of any sum adjudged to be so due in such other currency such Lender or (including the Administrative Agent (Agent), as the case may be) , may in accordance with normal, reasonable banking procedures purchase the specified currency Specified Currency with such other currency. If the amount of the specified currency Specified Currency so purchased is less than the sum originally due to such Lender or (including the Administrative Agent), as the case may be, in the specified currencySpecified Currency, each Borrower Guarantor agrees, to the fullest extent that it may effectively do so, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or (including the Administrative Agent), as the case may be, against such loss, and if the amount of the specified currency so purchased exceeds (a) the sum originally due to any Lender or the Administrative Agent, as the case may be, in the specified currency and (b) any amounts shared with other Lenders as a result of allocations of such excess as a disproportionate payment to such Lender under Section 2.18, such Lender or the Administrative Agent, as the case may be, agrees to remit such excess to such Borrower.
Appears in 3 contracts
Samples: Senior Secured Term Loan Agreement (Cresco Labs Inc.), Senior Secured Term Loan Agreement (Cresco Labs Inc.), Senior Secured Term Loan Agreement (Cresco Labs Inc.)
Judgment Currency. If If, for the purposes of obtaining judgment in any court court, it is necessary to convert a sum due from any Borrower hereunder in the currency expressed to be payable herein (the “"specified currency”") into another currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the specified currency with such other currency at the Administrative Agent’s main 's office in New York, New York City office on the Business Day preceding that on which the final, non-appealable judgment is given. The obligations of each Borrower in respect of any sum due to any Lender or the Administrative Agent hereunder shall, notwithstanding any judgment in a currency other than the specified currency, be discharged only to the extent that on the Business Day following receipt by such Lender or the Administrative Agent (as the case may be) of any sum adjudged to be so due in such other currency such Lender or the Administrative Agent (as the case may be) may in accordance with normal, reasonable banking procedures purchase the specified currency with such other currency. If the amount of the specified currency so purchased is less than the sum originally due to such Lender or the Administrative Agent, as the case may be, in the specified currency, each Borrower agrees, to the fullest extent that it may effectively do so, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or the Administrative Agent, as the case may be, against such loss, and if the amount of the specified currency so purchased exceeds (a) the sum originally due to any Lender or the Administrative Agent, as the case may be, in the specified currency and (b) any amounts shared with other Lenders as a result of allocations of such excess as a disproportionate payment to such Lender under Section 2.1813.2, such Lender or the Administrative Agent, as the case may be, agrees to remit such excess to such Borrower.
Appears in 3 contracts
Samples: Credit Agreement (Trimble Navigation LTD /Ca/), Credit Agreement (Trimble Navigation LTD /Ca/), Credit Agreement (Trimble Navigation LTD /Ca/)
Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due from any Borrower hereunder in the currency expressed to be payable herein (the “specified currency”) into another currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal usual and customary banking procedures the US Administrative Agent could purchase the specified currency with such other currency at any of the US Administrative Agent’s main New York City office offices in the United States of America on the Business Day preceding that on which final, non-appealable final judgment is given. The obligations of each Borrower the Borrowers in respect of any sum due to any Lender or the Administrative Agent Party hereunder shall, notwithstanding any judgment in a currency other than the specified currency, be discharged only to the extent that on the Business Day following receipt by such Lender, such Issuing Lender or the such Administrative Agent (as the case may be) of any sum adjudged to be so due in such other currency such Lender, such Issuing Lender or the such Administrative Agent (as the case may be) may in accordance with normal, reasonable banking procedures purchase the specified currency with such other currency. If the amount of the specified currency so purchased is less than the sum originally due to such Lender, such Issuing Lender or the such Administrative Agent, as the case may be, in the specified currency, each the applicable Borrower agrees, to the fullest extent that it may effectively do so, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender, such Issuing Lender or the such Administrative Agent, as the case may be, against such loss, and if the amount of the specified currency so purchased exceeds (a) the sum originally due to any Lender, such Issuing Lender or the such Administrative Agent, as the case may be, in the specified currency and (b) any amounts shared with other Lenders as a result of allocations of such excess as a disproportionate payment to such Lender under Section 2.182.14, such each Lender, Issuing Lender or the each Administrative Agent, as the case may be, agrees to promptly remit such excess to such the Applicable Borrower.
Appears in 3 contracts
Samples: Credit Agreement (Complete Production Services, Inc.), Credit Agreement (Complete Production Services, Inc.), Credit Agreement (Complete Production Services, Inc.)
Judgment Currency. If If, for the purposes of obtaining judgment in any court court, it is necessary to convert a sum due from any a Borrower hereunder in the currency expressed to be payable herein (the “specified currency”) into another currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the specified currency with such other currency at the Administrative Agent’s main New York City office in Chicago, Illinois on the Business Day preceding that on which the final, non-appealable judgment is given. The obligations of each Borrower the Borrowers in respect of any sum due to any Lender or the Administrative Agent hereunder shall, notwithstanding any judgment in a currency other than the specified currency, be discharged only to the extent that on the Business Day following receipt by such Lender or the Administrative Agent (as the case may be) of any sum adjudged to be so due in such other currency currency, such Lender or the Administrative Agent (as the case may be) may in accordance with normal, reasonable banking procedures purchase the specified currency with such other currency. If the amount of the specified currency so purchased is less than the sum originally due to such Lender or the Administrative Agent, as the case may be, in the specified currency, each Borrower agrees, to the fullest extent that it may effectively do so, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or the Administrative Agent, as the case may be, against such loss, and if the amount of the specified currency so purchased exceeds (a) the sum originally due to any Lender or the Administrative Agent, as the case may be, in the specified currency and (b) any amounts shared with other Lenders as a result of allocations of such excess as a disproportionate payment to such Lender under Section 2.1812.2, such Lender or the Administrative Agent, as the case may be, agrees to remit such excess to such Borrowerthe Borrowers.
Appears in 3 contracts
Samples: Credit Agreement (Steelcase Inc), Credit Agreement (Steelcase Inc), Credit Agreement (Steelcase Inc)
Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due from any Borrower hereunder in the currency expressed to be payable herein (the “"specified currency”") into another currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the specified currency with such other currency at the Administrative Agent’s 's main New York City office on the Business Day preceding that on which final, non-appealable judgment is given. The obligations of each Borrower the Borrowers in respect of any sum due to any Lender Lender, the Administrative Agent, the European Administrative Agent, or the Canadian Administrative Agent hereunder shall, notwithstanding any judgment in a currency other than the specified currency, be discharged only to the extent that on the Business Day following receipt by such Lender Lender, the Administrative Agent, the European Administrative Agent, or the Canadian Administrative Agent (as the case may be) of any sum adjudged to be so due in such other currency such Lender Lender, the Administrative Agent, the European Administrative Agent, or the Canadian Administrative Agent (as the case may be) may in accordance with normal, reasonable banking procedures purchase the specified currency with such other currency. If the amount of the specified currency so purchased is less than the sum originally due to such Lender Lender, the Administrative Agent, the European Administrative Agent, or the Canadian Administrative Agent, as the case may be, in the specified currency, each Borrower of the Borrowers agrees, to the fullest extent that it may effectively do so, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender Lender, the Administrative Agent, the European Administrative Agent, or the Canadian Administrative Agent, as the case may be, against such loss, and if the amount of the specified currency so purchased exceeds (a) the sum originally due to any Lender Lender, the Administrative Agent, the European Administrative Agent, or the Canadian Administrative Agent, as the case may be, in the specified currency and (b) any amounts shared with other Lenders as a result of allocations of such excess as a disproportionate payment to such Lender under Section 2.1812.2, such Lender Lender, the Administrative Agent, the European Administrative Agent, or the Canadian Administrative Agent, as the case may be, agrees to remit such excess to such Borrowerthe Borrowers.
Appears in 3 contracts
Samples: Credit Agreement (Cameron International Corp), Credit Agreement (Cameron International Corp), Credit Agreement (Cameron International Corp)
Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due from any Borrower the Borrowers hereunder in the currency expressed to be payable herein (the “specified currency”) into another currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the specified currency with such other currency at the Administrative Agent’s main New York City office on the Business Day preceding that on which final, non-appealable judgment is given. The obligations of each Borrower the Borrowers in respect of any sum due to any Lender or the Administrative Agent hereunder shall, notwithstanding any judgment in a currency other than the specified currency, be discharged only to the extent that on the Business Day following receipt by such Lender or the Administrative Agent (as the case may be) of any sum adjudged to be so due in such other currency such Lender or the Administrative Agent (as the case may be) may in accordance with normal, reasonable banking procedures purchase the specified currency with such other currency. If the amount of the specified currency so purchased is less than the sum originally due to such Lender or the Administrative Agent, as the case may be, in the specified currency, each Borrower agreesthe Borrowers agree, to the fullest extent that it they may effectively do so, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or the Administrative Agent, as the case may be, against such loss, and if the amount of the specified currency so purchased exceeds (a) the sum originally due to any Lender or the Administrative Agent, as the case may be, in the specified currency and (b) any amounts shared with other Lenders as a result of allocations of such excess as a disproportionate payment to such Lender under Section 2.182.17, such Lender or the Administrative Agent, as the case may be, agrees to remit such excess to such Borrowerthe Borrowers.
Appears in 3 contracts
Samples: Credit Agreement (Dole PLC), Credit Agreement (Dole PLC), Credit Agreement (Dole Food Co Inc)
Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due from any the Borrower hereunder in the currency expressed to be payable herein (the “specified currency”) into another currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the specified currency with such other currency at the Administrative Agent’s main New York City office on the Business Day preceding that on which final, non-appealable judgment is given. The obligations of each the Borrower in respect of any sum due to any Lender Lender, any Issuing Bank or the Administrative Agent hereunder shall, notwithstanding any judgment in a currency other than the specified currency, be discharged only to the extent that on the Business Day following receipt by such Lender Lender, such Issuing Bank or the Administrative Agent (as the case may be) of any sum adjudged to be so due in such other currency such Lender Lender, such Issuing Bank or the Administrative Agent (as the case may be) may in accordance with normal, reasonable banking procedures purchase the specified currency with such other currency. If the amount of the specified currency so purchased is less than the sum originally due to such Lender Lender, such Issuing Bank or the Administrative Agent, as the case may be, in the specified currency, each the Borrower agrees, to the fullest extent that it may effectively do so, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender Lender, such Issuing Bank or the Administrative Agent, as the case may be, against such loss, and if the amount of the specified currency so purchased exceeds (a) the sum originally due to any Lender or the Administrative Agent, as the case may be, in the specified currency and (b) any amounts shared with other Lenders as a result of allocations of such excess as a disproportionate payment to such Lender under Section 2.182.17, such Lender or the Administrative Agent, as the case may be, agrees to remit such excess to such the Borrower.
Appears in 3 contracts
Samples: Revolving Credit Agreement (Viatris Inc), Revolving Credit Agreement (Viatris Inc), Revolving Credit Agreement (Viatris Inc)
Judgment Currency. If If, for the purposes purpose of obtaining judgment in any court or obtaining an order enforcing a judgment, it is becomes necessary to convert a sum any amount due from under this Agreement in Dollars or in any Borrower hereunder other currency (hereinafter in the currency expressed to be payable herein (this Section 11.6 called the “specified first currency”) into another any other currency (hereinafter in this Section 11.6 called the “second currency”), then the parties hereto agree, to conversion shall be made at the fullest extent that they may effectively do so, that the Applicable Agent’s spot rate of exchange used shall be that at which in accordance with normal banking procedures for buying the Administrative Agent could purchase the specified first currency with such other the second currency prevailing at the Administrative Applicable Agent’s main New York City office close of business on the Business Day next preceding that the day on which final, non-appealable the judgment is given. The obligations of each Borrower in respect of any sum due to any Lender given or the Administrative Agent hereunder shall, notwithstanding any judgment in a currency other than the specified currency, be discharged only to the extent that on the Business Day following receipt by such Lender or the Administrative Agent (as the case may be) the order is made. Any payment made to any Agent or any Lender pursuant to this Agreement in the second currency shall constitute a discharge of the obligations of the Borrowers to pay to the Agents and the Lenders any sum adjudged amount originally due to be so due the Agents and the Lenders in the first currency under this Agreement only to the extent of the amount of the first currency which each Agent and each of the Lenders is able, on the date of the receipt by it of such other currency such Lender or the Administrative Agent (as the case may be) may payment in any second currency, to purchase, in accordance with normalsuch Agent’s and such Lender’s normal banking procedures, reasonable banking procedures purchase with the specified amount of such second currency with such other currencyso received. If the amount of the specified first currency so purchased is less than falls short of the sum amount originally due to the Agents and the Lenders in the first currency under this Agreement, each of the Borrowers, with respect to itself and its Subsidiaries, agrees that it will indemnify each Agent and each of the Lenders against and save each Agent and each of the Lenders harmless from any shortfall so arising. This indemnity shall constitute an obligation of each such Borrower separate and independent from the other obligations contained in this Agreement, shall give rise to a separate and independent cause of action and shall continue in full force and effect notwithstanding any judgment or order for a liquidated sum or sums in respect of amounts due to any Agent or any Lender under this Agreement or the Administrative Agentunder any such judgment or order. Any such shortfall shall be deemed to constitute a loss suffered by each Agent and each such Lender, as the case may be, and the Borrowers shall not be entitled to require any proof or evidence of any actual loss. The covenant contained in this Section 11.6 shall survive the specified currency, each Borrower agrees, to the fullest extent that it may effectively do so, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or the Administrative Agent, as the case may be, against such loss, and if the amount Full Payment of the specified currency so purchased exceeds (a) the sum originally due to any Lender or the Administrative Agent, as the case may be, in the specified currency and (b) any amounts shared with other Lenders as a result of allocations of such excess as a disproportionate payment to such Lender under Section 2.18, such Lender or the Administrative Agent, as the case may be, agrees to remit such excess to such BorrowerObligations.
Appears in 3 contracts
Samples: Revolving Credit and Security Agreement (Birks Group Inc.), Revolving Credit and Security Agreement (Birks Group Inc.), Revolving Credit and Security Agreement (Birks & Mayors Inc.)
Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due from any Borrower Subsidiary Guarantor hereunder in the currency expressed to be payable herein (the “specified currency”) into another currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the specified currency with such other currency at the Administrative Agent’s main New York City office on the Business Day preceding that on which final, non-appealable judgment is given. The obligations of each Borrower Subsidiary Guarantor in respect of any sum due to any Lender or the Administrative Agent hereunder shall, notwithstanding any judgment in a currency other than the specified currency, be discharged only to the extent that on the Business Day following receipt by such Lender or any holder of Obligations (including the Administrative Agent (and the Issuing Lender), as the case may be) , of any sum adjudged to be so due in such other currency such Lender or holder of Obligations (including the Administrative Agent (and the Issuing Lender), as the case may be) , may in accordance with normal, reasonable banking procedures purchase the specified currency with such other currency. If the amount of the specified currency so purchased is less than the sum originally due to such Lender or holder of Obligations (including the Administrative AgentAgent and the Issuing Lender), as the case may be, in the specified currency, each Borrower agrees, Subsidiary Guarantor agrees to the fullest extent that it may effectively do so, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or holder of Obligations (including the Administrative AgentAgent and the Issuing Lender), as the case may be, against such loss, and if the amount of the specified currency so purchased exceeds (a) the sum originally due to any Lender or holder of Obligations (including the Administrative AgentAgent and the Issuing Lender), as the case may be, in the specified currency and (b) any amounts shared with other Lenders holders of Obligations as a result of allocations of such excess as a disproportionate payment to such Lender other holder of Obligations under Section 2.182.12 of the Credit Agreement, such Lender or holder of Obligations (including the Administrative AgentAgent and the Issuing Lender), as the case may be, agrees agrees, by accepting the benefits hereof, to remit such excess to such BorrowerSubsidiary Guarantor.
Appears in 3 contracts
Samples: Credit Agreement (Landstar System Inc), Credit Agreement (Landstar System Inc), Credit Agreement (Landstar System Inc)
Judgment Currency. (a) If for the purposes of obtaining judgment in any court it is necessary to convert a sum due from any Borrower hereunder in the any currency expressed to be payable herein (the “specified currencyOriginal Currency”) into to another currencycurrency (the “Other Currency”), the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the specified currency with such other currency at the Administrative Agent’s main New York City office Spot Rate on the second Business Day preceding that on which final, non-appealable judgment is given. .
(b) The obligations obligation of each the Borrower in respect of any sum due in the Original Currency from it to any Lender or the Administrative Agent hereunder shall, notwithstanding any judgment in a currency other than the specified currencyany Other Currency, be discharged only to the extent that on the Business Day following receipt by such Lender or the Administrative Agent (as the case may be) of any sum adjudged to be so due in such other currency Other Currency, such Lender or the Administrative Agent (as the case may be) may in accordance with normal, reasonable normal banking procedures purchase the specified currency Original Currency with such other currency. If Other Currency; if the amount of the specified currency Original Currency so purchased is less than the sum originally due to such Lender or the Administrative Agent, Agent (as the case may be, ) in the specified currencyOriginal Currency, each the Borrower agrees, to the fullest extent that it may effectively do so, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or the Administrative Agent, Agent (as the case may be, ) in accordance with the Priority of Payments against any loss resulting from such losspurchase or from the inability to effect such purchase, and if the amount of the specified currency Original Currency so purchased exceeds (a) the sum originally due to any Lender or the Administrative Agent, Agent (as the case may be, ) in the specified currency and (b) any amounts shared with other Lenders as a result of allocations of such excess as a disproportionate payment to such Lender under Section 2.18Original Currency, such Lender or the Administrative Agent, Agent (as the case may be, ) agrees to remit to the Borrower such excess to such Borrowerexcess.
Appears in 3 contracts
Samples: Receivables Loan and Security Agreement, Receivables Loan and Security Agreement (Reynolds Group Holdings LTD), Receivables Loan and Security Agreement (Reynolds Group Holdings LTD)
Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due from any the Borrower hereunder in the currency expressed to be payable herein (the “specified currency”) into another currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the specified currency with such other currency at the Administrative Agent’s main New York City Chicago office on the Business Day preceding that on which final, non-appealable judgment is given. The obligations of each the Borrower in respect of any sum due to any Lender or the Administrative Agent hereunder shall, notwithstanding any judgment in a currency other than the specified currency, be discharged only to the extent that on the Business Day following receipt by such Lender or the Administrative Agent (as the case may be) of any sum adjudged to be so due in such other currency such Lender or the Administrative Agent (as the case may be) may in accordance with normal, reasonable banking procedures purchase the specified currency with such other currency. If the amount of the specified currency so purchased is less than the sum originally due to such Lender or the Administrative Agent, as the case may be, in the specified currency, each the Borrower agrees, to the fullest extent that it may effectively do so, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or the Administrative Agent, as the case may be, against such loss, and if the amount of the specified currency so purchased exceeds (a) the sum originally due to any Lender or the Administrative Agent, as the case may be, in the specified currency and (b) any amounts shared with other Lenders as a result of allocations of such excess as a disproportionate payment to such Lender under Section 2.18currency, such Lender or the Administrative Agent, as the case may be, agrees to remit such excess to such the Borrower.
Appears in 3 contracts
Samples: Long Term Credit Agreement (Emerson Electric Co), Long Term Credit Agreement (Emerson Electric Co), Long Term Credit Agreement (Emerson Electric Co)
Judgment Currency. If If, for the purposes purpose of obtaining judgment in any court court, it is necessary to convert a sum due from any the Borrower hereunder in the currency expressed to be payable herein (the “"specified currency”") into another currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the specified currency with such other currency at the Administrative Agent’s main New York City office on the any Business Day preceding that on which final, non-appealable the final judgment is given. The obligations of each Borrower the Borrower, as applicable, in respect of any sum due to any Lender Lender, or the Administrative Agent hereunder shall, notwithstanding any judgment in a currency other than the specified currency, be discharged only to the extent that on the Business Day Day, following receipt by such Lender or the Administrative Agent (Agent, as the case may be) , of any sum adjudged to be so due in such other currency such Lender or the Administrative Agent (Agent, as the case may be) , may in accordance with normal, reasonable normal banking procedures purchase the specified currency with such other currency. If the amount of the specified currency so purchased is less than the sum originally due to such Lender or the Administrative Agent, as the case may be, in the specified currency, each Borrower the Borrower, agrees, to the fullest extent that it may effectively do so, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or the Administrative Agent, as the case may be, against such loss, and if the amount of the specified currency so purchased exceeds (a) the sum originally due to any Lender or the Administrative Agent, as the case may be, in the specified currency and (b) any amounts shared with other Lenders as a result of allocations of such excess as a disproportionate payment to such Lender under Section 2.18currency, such Lender or the Administrative Agent, as the case may be, agrees to remit such excess to such the Borrower.
Appears in 3 contracts
Samples: Credit Agreement (Claiborne Liz Inc), 364 Day Credit Agreement (Claiborne Liz Inc), Credit Agreement (Claiborne Liz Inc)
Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due from any Borrower hereunder or under any of the Notes in the currency expressed to be payable herein or under the Notes (the “specified currency”) into another currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the specified currency with such other currency at the Administrative Agent’s main New York City office on the Business Day preceding that on which final, non-appealable final judgment is given. The obligations of each Borrower in respect of any sum due to any Lender or the Administrative Agent hereunder or under any Note shall, notwithstanding any judgment in a currency other than the specified currency, be discharged only to the extent that on the Business Day following receipt by such Lender or the Administrative Agent (as the case may be) of any sum adjudged to be so due in such other currency such Lender or the Administrative Agent (as the case may be) may in accordance with normal, reasonable normal banking procedures purchase the specified currency with such other currency. If ; if the amount of the specified currency so purchased is less than the sum originally due to such Lender or the Administrative Agent, as the case may be, in the specified currency, each Borrower agrees, to the fullest extent that it may effectively do so, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or the Administrative Agent, as the case may be, against such loss, and if the amount of the specified currency so purchased exceeds (a) the sum originally due to any Lender or the Administrative Agent, as the case may be, in the specified currency and (b) any amounts shared with other Lenders as a result of allocations of such excess as a disproportionate payment to such Lender under Section 2.18currency, such Lender or the Administrative Agent, as the case may be, agrees to remit such excess to such Borrower.
Appears in 3 contracts
Samples: Credit Agreement (Oaktree Capital Management Lp), Credit Agreement (General Maritime Corp / MI), Credit Agreement (General Maritime Corp / MI)
Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due from any the Borrower hereunder in the currency expressed to be payable herein (the “specified currency”) into another currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the specified currency with such other currency at the Administrative Agent’s main New York City office on the Business Day preceding that on which final, non-appealable judgment is given. The obligations of each the Borrower in respect of any sum due to any Lender Lender, any Issuer or the Administrative Agent hereunder shall, notwithstanding any judgment in a currency other than the specified currency, be discharged only to the extent that on the Business Day following receipt by such Lender Lender, such Issuer or the Administrative Agent (as the case may be) of any sum adjudged to be so due in such other currency such Lender Lender, such Issuer or the Administrative Agent (as the case may be) may in accordance with normal, reasonable banking procedures purchase the specified currency with such other currency. If the amount of the specified currency so purchased is less than the sum originally due to such Lender Lender, such Issuer or the Administrative Agent, as the case may be, in the specified currency, each the Borrower agrees, to the fullest extent that it may effectively do so, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender Lender, such Issuer or the Administrative Agent, as the case may be, against such loss, and if the amount of the specified currency so purchased exceeds (a) the sum originally due to any Lender Lender, any Issuer or the Administrative Agent, as the case may be, in the specified currency and (b) any amounts shared with other Lenders as a result of allocations of such excess as a disproportionate payment to such Lender under Section 2.1811.2, such Lender Lender, such Issuer or the Administrative Agent, as the case may be, agrees to remit such excess to such the Borrower.
Appears in 3 contracts
Samples: Credit Agreement (Shaw Group Inc), Credit Agreement (Shaw Group Inc), Credit Agreement (Shaw Group Inc)
Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due from any a Borrower hereunder in the currency expressed to be payable herein (the “"specified currency”") into another currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the specified currency with such other currency at the Administrative Agent’s 's main New York City Chicago office on the Business Day preceding that on which final, non-appealable judgment is given. The obligations of each a Borrower in respect of any sum due to any Lender or the Administrative Agent hereunder shall, notwithstanding any judgment in a currency other than the specified currency, be discharged only to the extent that on the Business Day following receipt by such Lender or the Administrative Agent (as the case may be) of any sum adjudged to be so due in such other currency such Lender or the Administrative Agent (as the case may be) may in accordance with normal, reasonable banking procedures purchase the specified currency with such other currency. If the amount of the specified currency so purchased is less than the sum originally due to such Lender or the Administrative Agent, as the case may be, in the specified currency, each such Borrower agrees, to the fullest extent that it may effectively do so, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or the Administrative Agent, as the case may be, against such loss, and if the amount of the specified currency so purchased exceeds (a) the sum originally due to any Lender or the Administrative Agent, as the case may be, in the specified currency and (b) any amounts shared with other Lenders as a result of allocations of such excess as a disproportionate payment to such Lender under Section 2.182.12, such Lender or the Administrative Agent, as the case may be, agrees to remit such excess to such Borrowerthe Borrowers.
Appears in 3 contracts
Samples: Credit Agreement (Global Industries LTD), Credit Agreement (Global Industries LTD), Credit Agreement (Global Industries LTD)
Judgment Currency. If (a) If, for the purposes of obtaining judgment in any court court, it is necessary to convert a sum due from any Borrower hereunder in the any currency expressed to be payable herein (the “specified currency”"Original Currency") into another currencycurrency (the "Other Currency"), the parties hereto agree, to the fullest extent that they may effectively do sopermitted by law, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent or a Lender could purchase the specified currency Original Currency with such other currency at the Administrative Agent’s main Other Currency in New York, New York City office on the Business Day immediately preceding that the day on which finalany such judgment, non-appealable judgment or any relevant part thereof, is given. .
(b) The obligations of each the Borrower in respect of any sum due from it to any Lender or the Administrative Agent or any Lender hereunder shall, notwithstanding any judgment in a currency other than the specified currencysuch Other Currency, be discharged only to the extent that on the Business Day following receipt by such Lender or the Administrative Agent (as the case may be) or any Lender of any sum adjudged to be so due in such other currency such Lender or Other Currency, the Administrative Agent (as the case may be) or any such Lender may in accordance with normal, reasonable normal banking procedures purchase the specified currency Original Currency with such other currency. If Other Currency; if the amount of the specified currency Original Currency so purchased is less than the sum originally due to the Administrative Agent or any such Lender or the Administrative Agent, as the case may be, in the specified currencyOriginal Currency, each the Borrower agrees, to the fullest extent that it may effectively do so, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent or any such Lender or the Administrative Agent, as the case may be, against such loss, and if the amount of the specified currency Original Currency so purchased exceeds (a) the sum originally due to any Lender or the Administrative Agent, as the case may be, Agent or any such Lender in the specified currency and (b) any amounts shared with other Lenders as a result of allocations of such excess as a disproportionate payment to such Lender under Section 2.18Original Currency, such Lender or the Administrative Agent, as the case may be, agrees to shall remit such excess to such the Borrower.
Appears in 3 contracts
Samples: Credit Agreement (Special Value Expansion Fund, LLC), Credit Agreement (Special Value Continuation Partners, LP), Credit Agreement (Special Value Opportunities Fund LLC)
Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due from any Borrower Borrower(s) hereunder in the currency expressed to be payable herein (the “specified currency”) into another currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the specified currency with such other currency at the Administrative Agent’s main New York City office on the Business Day preceding that on which final, non-appealable nonappealable judgment is given. The obligations of each Borrower such Borrower(s) in respect of any sum due to any Lender or the Administrative Agent hereunder shall, notwithstanding any judgment in a currency other than the specified currency, be discharged only to the extent that on the Business Day following receipt by such Lender or the Administrative Agent (as the case may be) of any sum adjudged to be so due in such other currency such Lender or the Administrative Agent (as the case may be) may in accordance with normal, reasonable banking procedures purchase the specified currency with such other currency. If the amount of the specified currency so purchased is less than the sum originally due to such Lender or the Administrative Agent, as the case may be, in the specified currency, each Borrower agreessuch Borrower(s) agree, to the fullest extent that it each may effectively do so, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or the Administrative Agent, as the case may be, against such loss, and if the amount of the specified currency so purchased exceeds (a) the sum originally due to any Lender or the Administrative Agent, as the case may be, in the specified currency and (b) any amounts shared with other Lenders as a result of allocations of such excess as a disproportionate payment to such Lender under Section 2.18, such Lender or the Administrative Agent, as the case may be, agrees to remit such excess to such the Lead Borrower.
Appears in 2 contracts
Samples: Credit Agreement, Credit Agreement (Hill-Rom Holdings, Inc.)
Judgment Currency. If If, for the purposes of obtaining judgment in any court court, it is necessary to convert a sum due from any Borrower hereunder in the currency expressed to be payable herein (the “specified currency”"SPECIFIED CURRENCY") into another currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the specified currency with such other currency at the Administrative Agent’s 's main New York City office in Chicago, Illinois on the Business Day preceding that on which the final, non-appealable judgment is given. The obligations of each Borrower in respect of any sum due to any Lender or the Administrative Agent hereunder shall, notwithstanding any judgment in a currency other than the specified currency, be discharged only to the extent that on the Business Day following receipt by such Lender or the Administrative Agent (as the case may be) of any sum adjudged to be so due in such other currency such Lender or the Administrative Agent (as the case may be) may in accordance with normal, reasonable banking procedures purchase the specified currency with such other currency. If the amount of the specified currency so purchased is less than the sum originally due to such Lender or the Administrative Agent, as the case may be, in the specified currency, each Borrower agrees, to the fullest extent that it may effectively do so, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or the Administrative Agent, as the case may be, against such loss, and if the amount of the specified currency so purchased exceeds (a) the sum originally due to any Lender or the Administrative Agent, as the case may be, in the specified currency and (b) any amounts shared with other Lenders as a result of allocations of such excess as a disproportionate payment to such Lender under Section 2.1812.2, such Lender or the Administrative Agent, as the case may be, agrees to remit such excess to such Borrower.
Appears in 2 contracts
Samples: Credit Agreement (Kaydon Corp), Credit Agreement (Kaydon Corp)
Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due from any Borrower Guarantor hereunder in the currency expressed to be payable herein (the “specified currency”) into another currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the specified currency with such other currency at the Administrative Agent’s main New York City office on the Business Day preceding that on which final, non-appealable judgment is given. The obligations of each Borrower Guarantor in respect of any sum due to any Lender or the Administrative Agent hereunder shall, notwithstanding any judgment in a currency other than the specified currency, be discharged only to the extent that on the Business Day following receipt by such Lender or any Holder of Guaranteed Obligations (including the Administrative Agent (Agent), as the case may be) , of any sum adjudged to be so due in such other currency such Lender or Holder of Guaranteed Obligations (including the Administrative Agent (Agent), as the case may be) , may in accordance with normal, reasonable banking procedures purchase the specified currency with such other currency. If the amount of the specified currency so purchased is less than the sum originally due to such Lender or Holder of Guaranteed Obligations (including the Administrative Agent), as the case may be, in the specified currency, each Borrower Guarantor agrees, to the fullest extent that it may effectively do so, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or Holder of Guaranteed Obligations (including the Administrative Agent), as the case may be, against such loss, and if the amount of the specified currency so purchased exceeds (a) the sum originally due to any Lender or Holder of Guaranteed Obligations (including the Administrative Agent), as the case may be, in the specified currency and (b) any amounts shared with other Lenders Holders of Guaranteed Obligations as a result of allocations of such excess as a disproportionate payment to such Lender other Holder of Guaranteed Obligations under Section 2.182.18 of the Loan Agreement, such Lender or Holder of Guaranteed Obligations (including the Administrative Agent), as the case may be, agrees agrees, by accepting the benefits hereof, to remit such excess to such BorrowerGuarantor.
Appears in 2 contracts
Samples: Loan Agreement (NetApp, Inc.), Loan Agreement (Universal Corp /Va/)
Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due from any the Borrower hereunder or under any of the Notes in the currency expressed to be payable herein or under the Notes (the “specified currencycurrency”) into another currency, the parties hereto agree, to the fullest extent that they may effectively effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking banking procedures the Administrative Agent could purchase the specified currency with such other currency at the Administrative Agent’s main New York City office on the Business Day preceding that on which final, non-appealable judgment final judgment is given. The obligations of each the Borrower in respect of any sum due to any Lender or the Administrative Agent hereunder or under any Note shall, notwithstanding any judgment in a currency other than the specified currency, be discharged only to the extent that on the Business Day following receipt by such Lender or the Administrative Agent (as the case may be) of any sum adjudged to be so due in such other currency such Lender or the Administrative Agent (as the case may be) may in accordance with normal, reasonable normal banking procedures purchase the specified currency with such other currency. If ; if the amount of the specified currency so purchased is less than the sum originally due to such Lender or the Administrative Agent, as the case may be, in the specified currency, each the Borrower agrees, to the fullest extent that it may effectively do so, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or the Administrative Agent, as the case may be, against such loss, and if the amount of the specified currency so purchased exceeds (a) the sum originally due to any Lender or the Administrative Agent, as the case may be, in the specified currency and (b) any amounts shared with other Lenders as a result of allocations of such excess as a disproportionate payment to such Lender under Section 2.18currency, such Lender or the Administrative Agent, as the case may be, agrees to remit such excess to such the Borrower.
Appears in 2 contracts
Samples: Credit Agreement (General Maritime Corp / MI), Credit Agreement (General Maritime Corp / MI)
Judgment Currency. If for the purposes purpose of obtaining judgment in any court it is necessary to convert a sum due from any Borrower hereunder or under any Note in the currency expressed to be payable herein (the “"specified currency”") into another currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the specified currency with such other currency at the Administrative Agent’s main New York City office its Toronto Office on the Business Day preceding that on which final, non-appealable final judgment is given. The obligations of each Borrower in respect of any sum due to any Lender, the Issuing Lender or the Administrative Agent hereunder or under any Note shall, notwithstanding any judgment in a currency other than the specified currency, be discharged only to the extent that that, on the Business Day following receipt by such Lender, the Issuing Lender or the Administrative Agent (as the case may be) of any sum adjudged to be so due in such other currency currency, such Lender, the Issuing Lender or the Administrative Agent (as the case may be) may in accordance with normal, reasonable normal banking procedures purchase the specified currency with such other currency. If the amount of the specified currency so purchased is less than the sum originally due to such Lender, the Issuing Lender or the Administrative Agent, as the case may be, in the specified currency, each Borrower agreesthe Borrowers agree, to the fullest extent that it they may effectively do so, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender, the Issuing Lender or the Administrative Agent, as the case may be, against such loss, and if the amount of the specified currency so purchased exceeds (a) the sum originally due to any Lender or the Administrative Agent, as the case may be, in the specified currency and (b) any amounts shared with other Lenders as a result of allocations of such excess as a disproportionate payment to such Lender under Section 2.18, such Lender or the Administrative Agent, as the case may be, agrees to remit such excess to such Borrower.
Appears in 2 contracts
Samples: Credit Agreement (Kimco Realty Corp), Credit Agreement (Kimco Realty Corp)
Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due from any Borrower hereunder in the currency expressed to be payable herein (the “specified currency”) into another currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the specified currency with such other currency at the Administrative Agent’s main New York City office on the Business Day preceding that on which final, non-appealable judgment is given. The obligations of each Borrower the Borrowers in respect of any sum due to any Lender or the Administrative Agent hereunder shall, notwithstanding any judgment in a currency other than the specified currency, be discharged only to the extent that on the Business Day following receipt by such Lender or the Administrative Agent (as the case may be) of any sum adjudged to be so due in such other currency such Lender or the Administrative Agent (as the case may be) may in accordance with normal, reasonable banking procedures purchase the specified currency with such other currency. If the amount of the specified currency so purchased is less than the sum originally due to such Lender or the Administrative Agent, as the case may be, in the specified currency, each Borrower agrees, to the fullest extent that it may effectively do so, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or the Administrative Agent, as the case may be, against such loss, and if the amount of the specified currency so purchased exceeds (a) the sum originally due to any Lender or the Administrative Agent, as the case may be, in the specified currency and (b) any amounts shared with other Lenders as a result of allocations of such excess as a disproportionate payment to such Lender under Section 2.182.17, such Lender or the Administrative Agent, as the case may be, agrees to remit such excess to such the Borrower.
Appears in 2 contracts
Samples: Term Credit Agreement (Mylan N.V.), Revolving Credit Agreement (Mylan Inc.)
Judgment Currency. If If, for the purposes of obtaining judgment in any court court, it is necessary to convert a sum due from any Borrower hereunder in the currency expressed to be payable herein (the “specified currency”) into another currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the specified currency with such other currency at the Administrative Agent’s main office in New York, New York City office on the Business Day preceding that on which the final, non-appealable judgment is given. The obligations of each Borrower in respect of any sum due to any Lender or the Administrative Agent hereunder shall, notwithstanding any judgment in a currency other than the specified currency, be discharged only to the extent that on the Business Day following receipt by such Lender or the Administrative Agent (as the case may be) of any sum adjudged to be so due in such other currency such Lender or the Administrative Agent (as the case may be) may in accordance with normal, reasonable banking procedures purchase the specified currency with such other currency. If the amount of the specified currency so purchased is less than the sum originally due to such Lender or the Administrative Agent, as the case may be, in the specified currency, each Borrower agrees, to the fullest extent that it may effectively do so, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or the Administrative Agent, as the case may be, against such loss, and if the amount of the specified currency so purchased exceeds (a) the sum originally due to any Lender or the Administrative Agent, as the case may be, in the specified currency and (b) any amounts shared with other Lenders as a result of allocations of such excess as a disproportionate payment to such Lender under Section 2.1813.2, such Lender or the Administrative Agent, as the case may be, agrees to remit such excess to such Borrower.
Appears in 2 contracts
Samples: Credit Agreement (Trimble Navigation LTD /Ca/), Credit Agreement (Trimble Navigation LTD /Ca/)
Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due from any a Borrower hereunder in the currency expressed to be payable herein (the “specified currency”) into another currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the specified currency with such other currency at the Administrative Agent’s main New York City office on the Business Day preceding that on which final, non-appealable judgment is given. The obligations of each the Borrower in respect of any sum due to any Lender or the Administrative Agent hereunder shall, notwithstanding any judgment in a currency other than the specified currency, be discharged only to the extent that on the Business Day following receipt by such Lender or the Administrative Agent (as the case may be) of any sum adjudged to be so due in such other currency such Lender or the Administrative Agent (as the case may be) may in accordance with normal, reasonable banking procedures purchase the specified currency with such other currency. If the amount of the specified currency so purchased is less than the sum originally due to such Lender or the Administrative Agent, as the case may be, in the specified currency, each the applicable Borrower agrees, to the fullest extent that it may effectively do so, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or the Administrative Agent, as the case may be, against such loss, and if the amount of the specified currency so purchased exceeds (a) the sum originally due to any Lender or the Administrative Agent, as the case may be, in the specified currency and (b) any amounts shared with other Lenders as a result of allocations of such excess as a disproportionate payment to such Lender under Section 2.18, such Lender or the Administrative Agent, as the case may be, agrees to remit such excess to such Borrower.
Appears in 2 contracts
Samples: Credit Agreement (Endo, Inc.), Credit Agreement (Endo, Inc.)
Judgment Currency. If Except to the extent otherwise stated, U.S. Dollars are the sole currency of account and payment for the purposes of obtaining judgment all sums payable under or in any court it is necessary to convert connection with this Agreement, including damages. Any amount received or recovered in a sum due from any Borrower hereunder currency other than this applicable currency (whether as a result of, or in the currency enforcement of, a judgment or order to a court of any jurisdiction, in the winding-up or dissolution of any Issuer or otherwise) by any person in respect of any sums expressed to be payable herein due to it shall only constitute a discharge by the payor thereof of its obligations to the extent the amount of the applicable currency that such payee evidences that it is able to purchase with the amount so received or recovered in such other currency on the date of receipt or recovery (or, if it is not practicable to make such purchase on such date, on the “specified currency”) into another currencyfirst date in which it is practicable to do so). If the amount of applicable currency is less than the amount expressed to be due to such person, the parties hereto agree, then such payor shall indemnify it against any loss sustained by it as a result. In any event and to the fullest extent that they may effectively do sopermitted by law, that such payor shall indemnify such payee against the rate cost of exchange used making any such purchase. For the purposes of this paragraph, it shall be sufficient for such payee to certify in a reasonable manner (indicating the sources of information used) that at which it would have suffered a loss had an actual purchase of the applicable currency been made with the amount so received in accordance with normal banking procedures the Administrative Agent could purchase the specified currency with such other currency at the Administrative Agent’s main New York City office on the Business Day preceding that date of receipt or recovery (or, if a purchase of the applicable currency on such date had not been practicable, on the first date on which finalit would have been practicable, non-appealable judgment is givenit being required that the need for a change of the date be certified in the manner mentioned above). The obligations These indemnities constitute a separate and independent cause of each Borrower action, shall apply irrespective of any indulgence granted by such payee and shall continue in full force and effect despite any other judgment, order, claim or proof for a liquidated amount in respect of any sum due to any Lender or the Administrative Agent hereunder shall, notwithstanding any judgment in a currency other than the specified currency, be discharged only to the extent that on the Business Day following receipt by such Lender or the Administrative Agent (as the case may be) of any sum adjudged to be so due in such other currency such Lender or the Administrative Agent (as the case may be) may in accordance with normal, reasonable banking procedures purchase the specified currency with such other currency. If the amount of the specified currency so purchased is less than the sum originally due to such Lender or the Administrative Agent, as the case may be, in the specified currency, each Borrower agrees, to the fullest extent that it may effectively do so, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or the Administrative Agent, as the case may be, against such loss, and if the amount of the specified currency so purchased exceeds (a) the sum originally due to any Lender or the Administrative Agent, as the case may be, in the specified currency and (b) any amounts shared with other Lenders as a result of allocations of such excess as a disproportionate payment to such Lender under Section 2.18, such Lender or the Administrative Agent, as the case may be, agrees to remit such excess to such Borrowerhereunder.
Appears in 2 contracts
Samples: Registration Rights Agreement (Intelsat S.A.), Registration Rights Agreement (Intelsat S.A.)
Judgment Currency. If for the purposes purpose of obtaining judgment in any court it is necessary to convert a sum due from any Borrower hereunder under any Financing Document or Bankers’ Acceptance in the currency expressed to be payable herein in any Financing Document or Bankers’ Acceptance (the “specified currency”) into another currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the applicable Administrative Agent could purchase the specified currency with such other currency at (i) where the specified currency is Dollars, the General Administrative Agent’s main New York City office and (ii) where the specified currency is Canadian Dollars, the Canadian Administrative Agent’s Toronto office, in each case at 11:00 A.M. (Eastern time) on the Business Day preceding that on which final, non-appealable final judgment is given. The obligations of each Borrower in respect of any sum due to any Lender or the either Administrative Agent hereunder under any Financing Document or Bankers’ Acceptance shall, notwithstanding any judgment in a currency other than the specified currency, be discharged only to the extent that on the Business Day following receipt by such Lender or the such Administrative Agent (as the case may be) of any sum adjudged to be so due in such other currency such Lender or the such Administrative Agent (as the case may be) may in accordance with normal, reasonable normal banking procedures purchase the specified currency with such other currency. If the amount of the specified currency so purchased is less than the sum originally due to such Lender or the such Administrative Agent, as the case may be, in the specified currency, each Borrower agrees, to the fullest extent that it may effectively do so, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or the such Administrative Agent, as the case may be, against such loss, and if the amount of the specified currency so purchased exceeds (a) the sum originally due to any Lender or the Administrative Agent, as the case may be, in the specified currency and (b) any amounts shared with other Lenders as a result of allocations of such excess as a disproportionate payment to such Lender under Section 2.189.04, such Lender or the such Administrative Agent, as the case may be, agrees to remit promptly such excess to such Borrower.
Appears in 2 contracts
Samples: Credit Agreement (Ryerson Inc.), Credit Agreement (Ryerson Tull Inc /De/)
Judgment Currency. If If, for the purposes of obtaining judgment in any court court, it is necessary to convert a sum due from any Borrower hereunder in the currency expressed to be payable herein (the “specified currency”"SPECIFIED CURRENCY") into another currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the specified currency with such other currency at the Administrative Agent’s 's main New York City office in Chicago, Illinois on the Business Day preceding that on which the final, non-appealable judgment is given. The obligations of each Borrower in respect of any sum due to any Lender or the Administrative Agent hereunder shall, notwithstanding any judgment in a currency other than the specified currency, be discharged only to the extent that on the Business Day following receipt by such Lender or the Administrative Agent (as the case may be) of any sum adjudged to be so due in such other currency such Lender or the Administrative Agent (as the case may be) may in accordance with normal, reasonable banking procedures purchase the specified currency with such other currency. If the amount of the specified currency so purchased is less than the sum originally due to such Lender or the Administrative Agent, as the case may be, in the specified currency, each Borrower agrees, to the fullest extent that it may effectively do so, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or the Administrative Agent, as the case may be, against such loss, and if the amount of the specified currency so purchased exceeds (a) the sum originally due to any Lender or the Administrative Agent, as the case may be, in the specified currency and (b) any amounts shared with other Lenders as a result of allocations of such excess as a disproportionate payment to such Lender under Section 2.1812.2, such Lender or the Administrative Agent, as the case may be, agrees to remit such excess to such Borrower.
Appears in 2 contracts
Samples: Credit Agreement (Schawk Inc), Credit Agreement (Schawk Inc)
Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due from any Borrower a Loan Party hereunder in the currency expressed to be payable herein (the “specified currencySpecified Currency”) into another currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal usual and customary banking procedures the Administrative Agent could purchase the specified currency Specified Currency with such other currency at any of the Administrative Agent’s main New York City office offices in the United States of America on the Business Day preceding that on which final, non-appealable final judgment is given. The obligations of each Borrower the Loan Parties in respect of any sum due to any member of the Lender or the Administrative Agent Group hereunder shall, notwithstanding any judgment in a currency other than the specified currencySpecified Currency, be discharged only to the extent that on the Business Day following receipt by such Lender or the Administrative Agent (as the case may be) of any sum adjudged to be so due in such other currency such Lender or the Administrative Agent (as the case may be) may in accordance with normal, reasonable banking procedures purchase the specified currency Specified Currency with such other currency. If the amount of the specified currency Specified Currency so purchased is less than the sum originally due to such Lender or the Administrative Agent, as the case may be, in the specified currencySpecified Currency, each Borrower Loan Party agrees, to the fullest extent that it may effectively do so, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or and the Administrative Agent, as the case may be, against such loss, and if the amount of the specified currency Specified Currency so purchased exceeds (a) the sum originally due to any Lender or the Administrative Agent, as the case may be, in the specified currency Specified Currency and (b) any amounts shared with other Lenders as a result of allocations of such excess as a disproportionate payment to such Lender under Section 2.1815.12, such each Lender or the Administrative Agent, as the case may be, agrees to promptly remit such excess to such the Borrower.
Appears in 2 contracts
Samples: Second Lien Seller Term Loan Credit Agreement (Forum Energy Technologies, Inc.), Second Lien Seller Term Loan Credit Agreement (Forum Energy Technologies, Inc.)
Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due from any Borrower hereunder in the currency expressed to be payable herein (the “specified currency”) Dollars into another currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the specified currency Dollars with such other currency at the Administrative Agent’s main New York City principal office in London at 11:00 a.m. (London time) on the Business Day preceding that on which finalfinal judgment is given. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder in a foreign currency into Dollars, non-appealable the parties agree to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase such foreign currency with Dollars at the Administrative Agent’s principal office in London at 11:00 a.m. (London time) on the Business Day preceding that on which final judgment is given. The obligations obligation of each the Borrower in respect of any sum due from it in any currency (the “Primary Currency”) to any Lender Lender, any L/C Issuer or the Administrative Agent hereunder shall, notwithstanding any judgment in a currency any other than the specified currency, be discharged only to the extent that on the Business Day following receipt by such Lender Lender, such L/C Issuer or the Administrative Agent (Agent, as the case may be) , of any sum adjudged to be so due in such other currency currency, such Lender Lender, such L/C Issuer or the Administrative Agent (Agent, as the case may be) , may in accordance with normal, reasonable normal banking procedures purchase the specified currency applicable Primary Currency with such other currency. If ; if the amount of the specified currency applicable Primary Currency so purchased is less than the such sum originally due to such Lender Lender, such L/C Issuer or the Administrative Agent, as the case may be, in the specified currencyapplicable Primary Currency, each the Borrower agrees, to the fullest extent that it may effectively do so, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender Lender, such L/C Issuer or the Administrative Agent, as the case may be, against such loss, and if the amount of the specified currency applicable Primary Currency so purchased exceeds (a) the such sum originally due to any Lender Lender, any L/C Issuer or the Administrative Agent, Agent (as the case may be, ) in the specified currency and (b) any amounts shared with other Lenders as a result of allocations of such excess as a disproportionate payment to such Lender under Section 2.18applicable Primary Currency, such Lender Lender, such L/C Issuer or the Administrative Agent, as the case may be, agrees to remit to the Borrower such excess to such Borrowerexcess.
Appears in 2 contracts
Samples: Omnibus Incremental Term Loan and Seventh Amendment to Credit Agreement (Global Eagle Entertainment Inc.), Credit Agreement (Global Eagle Entertainment Inc.)
Judgment Currency. If If, for the purposes of obtaining judgment in any court court, it is necessary to convert a sum due from any the Borrower hereunder in the currency expressed to be payable herein (the “"specified currency”") into another currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the specified currency with such other currency at the Administrative Agent’s 's main New York City office in the applicable local jurisdiction on the Business Day preceding that on which the final, non-appealable judgment is given. The obligations of each the Borrower in respect of any sum due to any Lender or the Administrative Agent hereunder shall, notwithstanding any judgment in a currency other than the specified currency, be discharged only to the extent that on the Business Day following receipt by such Lender or the Administrative Agent (as the case may be) of any sum adjudged to be so due in such other currency such Lender or the Administrative Agent (as the case may be) may in accordance with normal, reasonable banking procedures purchase the specified currency with such other currency. If the amount of the specified currency so purchased is less than the sum originally due to such Lender or the Administrative Agent, as the case may be, in the specified currency, each the Borrower agrees, to the fullest extent that it may effectively do so, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or the Administrative Agent, as the case may be, against such loss, and if the amount of the specified currency so purchased exceeds (a) the sum originally due to any Lender or the Administrative Agent, as the case may be, in the specified currency and (b) any amounts shared with other Lenders as a result of allocations of such excess as a disproportionate payment to such Lender under Section 2.1814.2, such Lender or the Administrative Agent, as the case may be, agrees to remit such excess to such the Borrower.
Appears in 2 contracts
Samples: Credit Agreement (Steiner Leisure LTD), Credit Agreement (Steiner Leisure LTD)
Judgment Currency. If for any Administrative Agent, on behalf of the purposes of obtaining Lenders, obtains a judgment or judgments against the Borrower or any other Credit Party in any court it is necessary to convert a sum due from any Borrower hereunder in the currency expressed to be payable herein (the “specified currency”) into another currencyDesignated Foreign Currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the specified currency with such other currency at the Administrative Agent’s main New York City office on the Business Day preceding that on which final, non-appealable judgment is given. The obligations of each the Borrower or such Credit Party in respect of any sum adjudged to be due to any Lender the Administrative Agents or the Administrative Agent Lenders hereunder shall, notwithstanding any judgment in a currency other than or under the specified currency, Notes (the “Judgment Amount”) shall be discharged only to the extent that that, on the Business Day following receipt by such Lender or the Administrative Agent (as of the case may be) of any sum adjudged to be so due Judgment Amount in the Designated Foreign Currency, such other currency such Lender or the Administrative Agent (as the case may be) may Agent, in accordance with normalnormal banking procedures, reasonable banking procedures may purchase Dollars with the specified currency with Judgment Amount in such other currencyDesignated Foreign Currency. If the amount of the specified currency Dollars so purchased is less than the amount of Dollars that could have been purchased with the Judgment Amount on the date or dates the Judgment Amount (excluding the portion of the Judgment Amount which has accrued as a result of the failure of the Borrower or any other Credit Party to pay the sum originally due hereunder or under the Notes when it was originally due hereunder or under the Notes) was originally due and owing (the “Original Due Date”) to such Lender the Administrative Agents or the Administrative AgentLenders hereunder or under the Notes (the “Loss”), as the case may be, in Borrower and the specified currency, other Credit Parties each Borrower agrees, to the fullest extent that it may effectively do so, agrees as a separate obligation and notwithstanding any such judgment, to indemnify such Lender Administrative Agents or the Administrative Agentsuch Lender, as the case may be, against such lossthe Loss, and if the amount of the specified currency Dollars so purchased exceeds (a) the sum originally due to any Lender amount of Dollars that could have been purchased with the Judgment Amount on the Original Due Date, such Administrative Agent or the Administrative Agent, as the case may be, in the specified currency and (b) any amounts shared with other Lenders as a result of allocations of such excess as a disproportionate payment to such Lender under Section 2.18, such Lender or the Administrative Agent, as the case may be, agrees to remit such excess to such the Borrower.
Appears in 2 contracts
Samples: Credit Agreement (Circor International Inc), Credit Agreement (Circor International Inc)