Judgment Currency. (a) If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder in one currency into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.
Appears in 173 contracts
Samples: Credit Agreement (Koppers Holdings Inc.), Credit Agreement (Amc Entertainment Holdings, Inc.), First Lien Credit Agreement (Clarios International Inc.)
Judgment Currency. (a) If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder in one currency into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which which, in accordance with normal banking procedures in the relevant jurisdiction jurisdiction, the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.
Appears in 67 contracts
Samples: Revolving Credit Agreement (Bunge Global SA), Credit Agreement (Bunge Global SA), Guarantee Agreement (Synopsys Inc)
Judgment Currency. (a) If, for the purpose purposes of obtaining judgment in any court, it is necessary to convert a sum owing due hereunder in one currency Dollars into another currency, each party the parties hereto agreesagree, to the fullest extent that it may effectively do sopermitted by Law, that the rate of exchange used shall be that at which which, in accordance with normal banking procedures in procedures, the relevant jurisdiction the first currency Administrative Agent could be purchased purchase Dollars with such other currency at the buying spot rate of exchange in the New York foreign exchange market on the Business Day immediately preceding the day that on which final judgment any such judgment, or any relevant part thereof, is given.
Appears in 34 contracts
Samples: Credit Agreement and Guaranty (scPharmaceuticals Inc.), Credit Agreement and Guaranty (BioXcel Therapeutics, Inc.), Credit Agreement (Tpi Composites, Inc)
Judgment Currency. (a) If, If for the purpose of obtaining judgment in any court, court it is necessary to convert a sum owing due hereunder in one currency into another currency, each party the parties hereto agreesagree, to the fullest extent that it they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction Administrative Agent could purchase the first currency could be purchased with such other currency in the city in which it normally conducts its foreign exchange operation for the first currency on the Business Day immediately preceding the day on which final judgment is given.
Appears in 19 contracts
Samples: Day Revolving Credit Agreement (GE HealthCare Technologies Inc.), Term Loan Agreement (GE Healthcare Holding LLC), Credit Agreement (GE Healthcare Holding LLC)
Judgment Currency. (a) If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder in one currency dollars into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency dollars could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.
Appears in 16 contracts
Samples: Credit Agreement (NCR Corp), Credit Agreement (NCR Atleos, LLC), Credit Agreement (CDW Corp)
Judgment Currency. (a) If, If for the purpose of obtaining judgment in any court, court it is necessary to convert a sum owing due hereunder in one currency into another currency, each party the parties hereto agreesagree, to the fullest extent that it they may effectively do soso under applicable law, that the rate of exchange used shall be that the spot rate at which in accordance with normal banking procedures in the relevant jurisdiction the first currency could be purchased in New York City with such other currency by the person obtaining such judgment on the Business Day immediately preceding the day that on which final judgment is given.
Appears in 16 contracts
Samples: Restructuring Support Agreement (Washington Prime Group, L.P.), Credit and Term Loan Agreement (Washington Prime Group, L.P.), Term Loan Agreement (Washington Prime Group, L.P.)
Judgment Currency. (a) If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder in one currency USD into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency USD could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.
Appears in 14 contracts
Samples: Loan and Security Agreement (Goldman Sachs Private Middle Market Credit LLC), Loan and Security Agreement (Goldman Sachs Private Middle Market Credit LLC), Loan and Security Agreement (Goldman Sachs Private Middle Market Credit II LLC)
Judgment Currency. (a) If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder in one currency U.S. Dollars into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency U.S. Dollars could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.
Appears in 11 contracts
Samples: Restructuring Support Agreement (Starry Group Holdings, Inc.), Credit Agreement (Minerals Technologies Inc), Credit Agreement (Minerals Technologies Inc)
Judgment Currency. (a) If, If for the purpose purposes of obtaining judgment in any court, court it is necessary to convert a sum owing due hereunder in one currency Dollars into another currency, each party the parties hereto agreesagree, to the fullest extent that it they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency Agent could be purchased purchase Dollars with such other currency at the exchange rate on the Business Day immediately preceding the day that on which final judgment is given.
Appears in 10 contracts
Samples: Letter of Credit Facility Agreement (Eastman Kodak Co), Credit Agreement (Eastman Kodak Co), Credit Agreement (Eastman Kodak Co)
Judgment Currency. (a) If, If for the purpose purposes of obtaining judgment in any court, court it is necessary to convert a sum owing due hereunder in one any currency into (the “Original Currency”) to another currencycurrency (the “Other Currency”), each party the parties hereto agreesagree, to the fullest extent that it they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency could be purchased with such other currency Spot Rate on the second Business Day immediately preceding the day that on which final judgment is given.
Appears in 10 contracts
Samples: Receivables Financing Agreement (Herc Holdings Inc), Assignment and Assumption Agreement, Receivables Financing Agreement (Herc Holdings Inc)
Judgment Currency. (a) If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder in one currency into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency could be purchased by the Administrative Agent with such other currency on the Business Day immediately preceding the day on which final judgment is given.
Appears in 9 contracts
Samples: Abl Credit Agreement (Hayward Holdings, Inc.), Fourth Amendment Agreement (Ecovyst Inc.), Patent Security Agreement (PQ Group Holdings Inc.)
Judgment Currency. (a) If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder in one currency US Dollars into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency US Dollars could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.
Appears in 8 contracts
Samples: Revolving Credit Agreement (Victoria's Secret & Co.), Revolving Credit Agreement (Bath & Body Works, Inc.), Revolving Credit Agreement (Bath & Body Works, Inc.)
Judgment Currency. (a) If, If for the purpose purposes of obtaining judgment in any court, court it is necessary to convert a sum owing due hereunder in one currency Dollars into another currency, each party the parties hereto agreesagree, to the fullest extent that it they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency Agent could be purchased purchase Dollars with such other currency at the Exchange Rate on the Business Day immediately preceding the day that on which final judgment is given.
Appears in 7 contracts
Samples: Intercreditor Agreement (Eastman Kodak Co), Loan Agreement, Loan Agreement
Judgment Currency. (a) If, If for the purpose of obtaining judgment in any court, court it is necessary to convert a sum owing due hereunder in one currency into another currency, each party the parties hereto agreesagree, to the fullest extent that it they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction Administrative Agent could purchase the first currency could be purchased with such other currency in the city in which it normally conducts its foreign exchange operation for the first currency on the Business Day immediately preceding the day on which final judgment is given.
Appears in 7 contracts
Samples: Guarantee Agreement, Term Loan Credit Agreement, Credit Agreement (NBCUniversal Media, LLC)
Judgment Currency. (a) If, If for the purpose purposes of obtaining judgment in any court, court it is necessary to convert a sum owing due hereunder in one currency into another currency, each party the parties hereto agreesagree, to the fullest extent that it they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction Administrative Agent could purchase the first currency could be purchased with such other currency at Citibank N.A.’s principal office in London at 11:00 A.M. (London time) on the Business Day immediately preceding the day that on which final judgment is given.
Appears in 7 contracts
Samples: Term Loan Agreement (Digital Realty Trust, L.P.), Global Senior Credit Agreement (Digital Realty Trust, L.P.), Global Senior Credit Agreement (Digital Realty Trust, L.P.)
Judgment Currency. (a) If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder in one currency into another currency, each party hereto (and by its acceptance of its appointment in such capacity, each Lead Arranger) agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which which, in accordance with normal banking procedures in the relevant jurisdiction jurisdiction, the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.
Appears in 7 contracts
Samples: Credit Agreement (Allegro Microsystems, Inc.), Credit Agreement (Allegro Microsystems, Inc.), Term Loan Credit Agreement (Allegro Microsystems, Inc.)
Judgment Currency. (a) If, for the purpose purposes of obtaining judgment in any court, it is necessary to convert a sum owing due hereunder in one currency Dollars into another currency, each party the parties hereto agreesagree, to the fullest extent that it may effectively do sopermitted by Law, that the rate of exchange used shall be that at which which, in accordance with normal banking procedures in procedures, the relevant jurisdiction the first currency Agent could be purchased purchase Dollars with such other currency at the buying spot rate of exchange in the New York foreign exchange market on the Business Day immediately preceding the day that on which final judgment any such judgment, or any relevant part thereof, is given.
Appears in 5 contracts
Samples: Credit Agreement and Guaranty (Nevro Corp), Credit Agreement and Guaranty (Allurion Technologies, Inc.), Credit Agreement and Guaranty (Allurion Technologies Holdings, Inc.)
Judgment Currency. (a) If, If for the purpose purposes of obtaining judgment in any court, court it is necessary to convert a sum owing due hereunder or under the Notes in one any currency (the "Original Currency") into another currency, each party currency (the "Other Currency") the parties hereto agreesagree, to the fullest extent that it they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction Administrative Agent could purchase the first currency could be purchased Original Currency with such other currency the Other Currency at 11:00 A.M. on the second Business Day immediately preceding the day that on which final judgment is given.
Appears in 4 contracts
Samples: Credit Agreement (Agco Corp /De), Credit Agreement (Fresh Del Monte Produce Inc), Credit Agreement (Agco Corp /De)
Judgment Currency. (a) If, If for the purpose of obtaining judgment in any court, court it is necessary to convert a sum owing due hereunder in one currency into another currency, each party the parties hereto agreesagree, to the fullest extent that it they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction Collateral Agent could purchase the first currency could be purchased with such other currency in the city in which it normally conducts its foreign exchange operation for the first currency on the Business Day immediately preceding the day on which final judgment is given.
Appears in 4 contracts
Samples: Guarantee and Collateral Agreement (Lucent Technologies Inc), Guarantee and Collateral Agreement (Lucent Technologies Inc), Guarantee and Collateral Agreement (Lucent Technologies Inc)
Judgment Currency. (a) If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder in one currency into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.. 109
Appears in 3 contracts
Samples: Credit Agreement (Knowles Electronics LLC), Credit Agreement (Knowles Electronics LLC), Credit Agreement (Knowles Electronics LLC)
Judgment Currency. (a) If, If for the purpose purposes of obtaining judgment in any court, court it is necessary to convert a sum owing due hereunder in one any currency into (the “Original Currency”) to another currencycurrency (the “Other Currency”), each party hereto of the Performance Guarantors agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency could be purchased with such other currency Spot Rate on the second Business Day immediately preceding the day that on which final judgment is given.
Appears in 3 contracts
Samples: Performance Undertaking Agreement, Performance Undertaking Agreement (Reynolds Group Holdings LTD), Performance Undertaking Agreement (Reynolds Group Holdings LTD)
Judgment Currency. (a) If, for the purpose purposes of obtaining judgment in any court, it is necessary to convert a sum owing due hereunder or any other Loan Document in one currency into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction Administrative Agent could purchase the first currency could be purchased with such other currency on the Business Day immediately preceding the day that on which final judgment is given.
Appears in 3 contracts
Samples: Revolving Credit and Guaranty Agreement (Coupang, Inc.), Revolving Credit and Guaranty Agreement (Coupang, Inc.), Revolving Credit and Guaranty Agreement (Coupang, Inc.)
Judgment Currency. (a) If, If for the purpose of obtaining judgment in any court, court it is necessary to convert a sum owing due hereunder in one currency into another currency, each party the parties hereto agreesagree, to the fullest extent that it they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction Administrative Agent could purchase the first currency could be purchased with such other currency in the city in which it normally conducts its foreign exchange operation for the first currency on the Business Day immediately preceding the day on which final judgment is given.
Appears in 3 contracts
Samples: Credit Agreement (General Electric Co), Credit Agreement (General Electric Co), Credit Agreement (General Electric Co)
Judgment Currency. (a) If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder or under any other Loan Document in one currency into another currency, each party hereto and each Loan Party (and by its acceptance of its appointment in such capacity, each Lead Arranger) agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which which, in accordance with normal banking procedures in the relevant jurisdiction jurisdiction, the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.
Appears in 3 contracts
Samples: Abl Revolving Credit Agreement (Petco Health & Wellness Company, Inc.), First Lien Credit Agreement (Petco Health & Wellness Company, Inc.), Term Loan Credit Agreement (Domtar CORP)
Judgment Currency. (a) If, for the purpose purposes of obtaining judgment in any court, it is necessary to convert a sum owing due hereunder or any other Loan Document in one currency into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction Administrative Agent could purchase the first currency could be purchased with such other currency on the Business Day immediately preceding the day that on which final judgment is given.is
Appears in 3 contracts
Samples: Credit Agreement (Maravai Lifesciences Holdings, Inc.), Credit Agreement (Maravai Lifesciences Holdings, Inc.), Credit Agreement (RR Donnelley & Sons Co)
Judgment Currency. (a) IfTo the extent permitted by applicable law, if for the purpose purposes of obtaining judgment in any court, court it is necessary to convert a sum owing due hereunder in one currency United States Dollars into another currency, each party the parties hereto agreesagree, to the fullest extent that it they may effectively do so, that the rate of exchange used shall be that at which determined in accordance with normal banking procedures in the relevant jurisdiction the first currency could be purchased with such other currency Section 1.3 of this Agreement on the Business Day immediately preceding the day that on which final judgment is given.
Appears in 2 contracts
Samples: Credit Agreement (Aircastle LTD), Credit Agreement (Aircastle LTD)
Judgment Currency. (a) If, If for the purpose of obtaining judgment in any court, court it is necessary to convert a sum owing due hereunder in one currency into another currency, each party hereto the Guarantor agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which which, in accordance with normal banking procedures in procedures, the relevant jurisdiction Administrative Agent could purchase the first currency could be purchased with such other currency in the city in which is located the Administrative Agent account for the first currency on the Business Day immediately preceding following the day on which final judgment is given.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Case Corp), Revolving Credit Agreement (Case Credit Corp)
Judgment Currency. (a) If, for the purpose purposes of obtaining judgment in any court, it is necessary to convert a sum owing due hereunder in one or under the Revolving Note from a currency (the “Original Currency”) into another currencycurrency (the “Other Currency”), each party the parties hereto agreesagree, to the fullest extent that it they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency could be purchased with such other currency rate of exchange prevailing on the Business Day business day immediately preceding the day on which final judgment is given.
Appears in 2 contracts
Samples: Loan Agreement (Fossil Inc), Loan Agreement (Fossil Inc)
Judgment Currency. (a) If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder in one currency dollars into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency dollars could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.. 219
Appears in 2 contracts
Samples: Credit Agreement (Graftech International LTD), Credit Agreement (Graftech International LTD)
Judgment Currency. (a) IfTo the extent permitted by applicable law, if for the purpose purposes of obtaining judgment in any court, court it is necessary to convert a sum owing due hereunder in one currency US Dollars into another currency, each party the parties hereto agreesagree, to the fullest extent that it they may effectively do so, that the rate of exchange used shall be that at which determined in accordance with normal banking procedures in the relevant jurisdiction the first currency could be purchased with such other currency Section 1.04 of this Agreement on the Business Day immediately preceding the day that on which final judgment is given.
Appears in 2 contracts
Samples: Credit Agreement (Laidlaw International Inc), Credit Agreement (Laidlaw International Inc)
Judgment Currency. (a) If, If for the purpose of obtaining judgment in any court, court it is necessary to convert a sum owing due hereunder in one currency into another currency, each party the parties hereto agreesagree, to the fullest extent that it they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction Administrative Agent could purchase the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.
Appears in 2 contracts
Samples: Credit Agreement (Jafra Worldwide Holdings Lux Sarl), Credit Agreement (Jafra Cosmetics International Sa De Cv)
Judgment Currency. (a) If, for the purpose purposes of obtaining judgment in any court, it is necessary to convert a sum owing due hereunder or any other Loan Document in one currency into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking 142 procedures in the relevant jurisdiction Administrative Agent could purchase the first currency could be purchased with such other currency on the Business Day immediately preceding the day that on which final judgment is given.
Appears in 2 contracts
Samples: Counterpart Agreement (Coupang, Inc.), Counterpart Agreement (Coupang, Inc.)
Judgment Currency. (a) If, If for the purpose of obtaining judgment in any court, court it is necessary to convert a sum owing due hereunder in one currency into another currency, each party the parties hereto agreesagree, to the fullest extent that it they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction each Holder could purchase the first currency could be purchased with such other currency in the City of New York, New York for the first currency on the Business Day immediately preceding the day on which final judgment is given.
Appears in 2 contracts
Samples: Investment Agreement (Acterna Corp), Investment Agreement (Acterna Corp)
Judgment Currency. (a) If, If for the purpose of obtaining judgment in any court, court it is necessary to convert a sum owing due hereunder in one currency into another currency, each party the parties hereto agreesagree, to the fullest extent that it they may effectively lawfully do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction Administrative Agent could purchase the first currency could be purchased with such other cur- rency in the city in which it normally conducts its foreign exchange operation for the first currency on the Business Day immediately preceding the day on which final judgment is given.
Appears in 2 contracts
Samples: Credit Agreement (Applied Power Inc), Credit Agreement (Actuant Corp)
Judgment Currency. (a) If, If for the purpose of obtaining judgment in any court, court it is necessary to convert a sum owing due hereunder in one currency Currency into another currencyCurrency, each party the parties hereto agreesagree, to the fullest extent that it they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction Administrative Agent could purchase the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.
Appears in 2 contracts
Samples: Pledge Agreement (Chartwell Leisure Inc), Credit Agreement (Chartwell Leisure Inc)
Judgment Currency. (a) If3.If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder in one currency dollars into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency dollars could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.
Appears in 2 contracts
Samples: Borrowing Subsidiary Joinder Agreement (Murphy USA Inc.), Credit Agreement (Murphy USA Inc.)
Judgment Currency. (a) If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder in one currency Dollars into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency Dollars could be 174 purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.
Appears in 1 contract
Judgment Currency. (a) SECTION 10.15.1 If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder in one currency Dollars into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency Dollars could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.
Appears in 1 contract
Samples: Credit Agreement (Noble Energy Inc)
Judgment Currency. (a) If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder in one (1) currency into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction jurisdiction, the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.
Appears in 1 contract
Judgment Currency. (a) If, If for the purpose of obtaining judgment in any court, court it is necessary to convert a sum owing due hereunder in one currency into another currency, each party the parties hereto agreesagree, to the fullest extent that it they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction Bank could purchase the first currency could be purchased with such other currency in the city in which it normally conducts its foreign exchange operation for the first currency on the Business Day immediately preceding the day on which final judgment is given.
Appears in 1 contract
Judgment Currency. (a) If, for the purpose purposes of obtaining judgment in any court, it is necessary to convert a sum owing due hereunder in one from a currency (the "ORIGINAL CURRENCY") into another currencycurrency (the "OTHER CURRENCY"), each party the parties hereto agreesagree, to the fullest extent that it they may effectively do so, that the rate of exchange used such conversion shall be that done at which in accordance with normal banking procedures in the relevant jurisdiction the first currency could be purchased with such other currency Exchange Rate used on the second Business Day immediately preceding the that day on which final judgment is given.
Appears in 1 contract
Samples: Credit and Reimbursement Agreement (Flowserve Corp)
Judgment Currency. (a) If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder in one currency into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.. 178
Appears in 1 contract
Samples: Credit Agreement (Amc Entertainment Holdings, Inc.)
Judgment Currency. (a) If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder in one currency into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.the
Appears in 1 contract
Samples: Credit Agreement (GoHealth, Inc.)
Judgment Currency. (a) If, If for the purpose of obtaining ------------------ judgment in any court, court it is necessary to convert a sum owing due hereunder in one currency Currency into another currencyCurrency, each party the parties hereto agreesagree, to the fullest extent that it they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction Administrative Agent could purchase the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.
Appears in 1 contract
Judgment Currency. (a) If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder or under any other Loan Document in one currency into another currency, each party hereto and each Loan Party (and by its acceptance of its appointment in such capacity, each Lead Arranger) agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which which, in accordance with normal banking procedures in the relevant jurisdiction jurisdiction, the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.. 135
Appears in 1 contract
Samples: Abl Revolving Credit Agreement (Petco Health & Wellness Company, Inc.)
Judgment Currency. (a12.(w) If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder in one currency into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.
Appears in 1 contract
Samples: Credit Agreement (Movado Group Inc)
Judgment Currency. (a) If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder in one currency into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.. 158
Appears in 1 contract
Samples: Credit Agreement (Lindblad Expeditions Holdings, Inc.)
Judgment Currency. (a) If, for the purpose purposes of obtaining judgment in any court, it is necessary to convert a sum owing due hereunder in one or under the Revolving Note from a currency (the `Original Currency') into another currencycurrency (the `Other Currency'), each party the parties hereto agreesagree, to the fullest extent that it they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency could be purchased with such other currency rate of exchange prevailing on the Business Day business day immediately preceding the day on which final judgment is given.
Appears in 1 contract
Samples: Fourth Amended And (Fossil Inc)
Judgment Currency. (a1) If, for the purpose purposes of obtaining judgment in any court, it is necessary to convert a sum owing hereunder due to a Lender in one any currency (the “Original Currency”) into another currencycurrency (the “Other Currency”), each party hereto agreesthe parties agree, to the fullest extent that it they may effectively do so, that the rate of exchange used shall be that at which which, in accordance with normal banking procedures in the relevant jurisdiction the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.procedures, such
Appears in 1 contract
Samples: Credit Agreement (Open Text Corp)
Judgment Currency. (a) 9.24.1. If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder in one currency into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency could be purchased by the Administrative Agent with such other currency on the Business Day immediately preceding the day on which final judgment is given.. -241- |US-DOCS\151264018.5||
Appears in 1 contract
Judgment Currency. (a) If, for the purpose of obtaining or enforcing any judgment or judicial award or order in any court, or in any jurisdiction, it is necessary to convert a sum owing hereunder in one Dollars into or from any currency into another currencyother than Dollars, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final the judgment or judicial award or order is given.
Appears in 1 contract
Judgment Currency. (a) If, If for the purpose purposes of obtaining judgment in any court, court it is necessary to convert a sum owing due hereunder in one currency into another currency, each party the parties hereto agreesagree, to the fullest extent that it they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction Administrative Agent could purchase the first mentioned currency could be purchased with such other currency at the Administrative Agent’s principal office on the Business Day immediately preceding the day date on which final judgment is given.
Appears in 1 contract
Samples: Credit Agreement (Celadon Group Inc)
Judgment Currency. (a) If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder in one currency into another currency, < 29 > each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which which, in accordance with normal banking procedures in the relevant jurisdiction jurisdiction, the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.
Appears in 1 contract
Judgment Currency. (a) If, If for the purpose of obtaining judgment in any court, court it is necessary to convert a sum owing due hereunder in one currency into another currency, each party the parties hereto agreesagree, to the fullest extent that it they may effectively do soso under applicable law, that the rate of exchange used shall be that the spot rate at which in accordance with normal banking procedures in the relevant jurisdiction the first currency could be purchased in New York City with such other currency by the person obtaining such judgment on the Business Day immediately preceding the day that on which final judgment is given.
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Judgment Currency. (as) If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder in one currency into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency could be purchased by the Administrative Agent with such other currency on the Business Day immediately preceding the day on which final judgment is given.
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Judgment Currency. (a) IfTo the extent permitted by applicable law, if for the purpose purposes of obtaining judgment in any court, court it is necessary to convert a sum owing due hereunder in one currency United States Dollars into another currency, each party the parties hereto agreesagree, to the fullest extent that it they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction Agent could purchase the first currency could be purchased with such other currency on the Business Day immediately preceding the day that on which final judgment is given.
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Samples: Credit Agreement (Aircastle LTD)
Judgment Currency. (a) If, for the purpose purposes of obtaining judgment or filing a claim in any court, it is necessary to convert a sum owing due hereunder or claim in one currency into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction Administrative Agent could purchase the first currency could be purchased with such other currency on the Business Day immediately preceding the day that on which final judgment is given.is
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Judgment Currency. (a) If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder in one currency Dollars into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency Dollars could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.
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Judgment Currency. (a%3) If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder in one currency US Dollars into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency US Dollars could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.
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Judgment Currency. (a) If, If for the purpose of obtaining judgment in any court, court it is necessary to convert a sum owing due hereunder in one currency into another currency, each party the parties hereto agreesagree, to the fullest extent that it they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction Administrative Agent could purchase the first currency could be purchased with such other currency in the city in which it normally conducts its foreign exchanges operation for the first currency on the Business Day immediately preceding the day on which final judgment is given.
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Samples: Guarantee and Collateral Agreement (Innophos Investment Holdings, Inc.)
Judgment Currency. (a) If, for For the purpose purposes of obtaining judgment in any court, court it is necessary to convert a sum owing due hereunder in one currency Dollars, in Euro or in Sterling into another currency, each party the parties hereto agreesagree, to the fullest extent that it they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.which
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Samples: Credit Agreement (Cross a T Co)
Judgment Currency. (a) 14.1 If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder under this Deed in one currency into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.
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Samples: Dana Corp
Judgment Currency. (a) If, If for the purpose of obtaining judgment in any court, court it is necessary to convert a sum owing due hereunder in one currency into another currency, each party the parties hereto agreesagree, to the fullest extent that it they may effectively do so, under applicable law that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction Trustee could purchase the first currency could be purchased with such other currency in the city in which it normally conducts its foreign exchange operation for the first currency on the Business Day immediately preceding the day on which final judgment is given.
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Judgment Currency. (a) If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder in one currency dollars into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency U.S. dollars could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.
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Samples: Global Intercompany Consent Agreement (GoPro, Inc.)
Judgment Currency. (a) If, If for the purpose of obtaining judgment in any court, court it is necessary to convert a sum owing due hereunder in one currency into another currency, each party the parties hereto agreesagree, to the fullest extent that it they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction Paying Agent could purchase the first currency could be purchased with such other currency in the city in which it normally conducts its foreign exchange operations for the first currency on the Business Day immediately preceding the day on which final judgment is given.
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Samples: Five Year Credit Agreement (Genworth Financial Inc)
Judgment Currency. (a) If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder in one currency into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.. 210
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Samples: Credit Agreement (Tronox LTD)
Judgment Currency. (a) If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder in one currency into another currency, the Company and, by its acceptance hereof, the Holder each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.
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Samples: Letter Agreement (Mexican Cellular Investments Inc)
Judgment Currency. (a) If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder in one currency into another currency, each party hereto (and by its acceptance of its appointment in such capacity, the Lead Arranger) agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which which, in accordance with normal banking procedures in the relevant jurisdiction jurisdiction, the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.
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Samples: Second Lien Credit Agreement (Mister Car Wash, Inc.)
Judgment Currency. (a) If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder in one currency Dollars into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency Dollars could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.. 163
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Judgment Currency. (a) If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder in one currency into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.in
Appears in 1 contract
Samples: Credit Agreement (Virtus Investment Partners, Inc.)
Judgment Currency. (akk) If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder in one currency U.S. Dollars into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency U.S. Dollars could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.
Appears in 1 contract
Samples: Credit Agreement (NICE Ltd.)
Judgment Currency. (a) If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder in one currency into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.. 139
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Judgment Currency. (a) If, for the purpose purposes of obtaining judgment in any court, it is necessary to convert a sum owing due hereunder in one or under the Revolving Note from a currency (the 'Original Currency') into another currencycurrency (the 'Other Currency'), each party the parties hereto agreesagree, to the fullest extent that it they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency could be purchased with such other currency rate of exchange prevailing on the Business Day business day immediately preceding the day on which final judgment is given.
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Samples: Loan Agreement (Fossil Inc)
Judgment Currency. (a) If, a. If for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder in one currency into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.
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Samples: Possession credit Agreement (SmileDirectClub, Inc.)
Judgment Currency. (a) If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder in one currency into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.. 102
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Samples: European Receivables Loan Agreement
Judgment Currency. (a) If, for the purpose purposes of obtaining judgment in any court, it is necessary to convert a sum owing due from any Borrower hereunder in one the currency expressed to be payable herein (the "SPECIFIED CURRENCY") into another currency, each party the parties hereto agreesagree, to the fullest extent that it they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction Agent could purchase the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.specified currency
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Samples: Credit Agreement (Schawk Inc)
Judgment Currency. (a) If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder in one currency into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.. 175
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Judgment Currency. (a) i. If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder in one currency into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.
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Judgment Currency. (a) If, If for the purpose of obtaining judgment in any court, court it is necessary to convert a sum owing due hereunder in one currency into another currency, each party the parties hereto agreesagree, to the fullest extent #96393093v27 that it they may effectively do so, under applicable law that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction Trustee could purchase the first currency could be purchased with such other currency in the city in which it normally conducts its foreign exchange operation for the first currency on the Business Day immediately preceding the day on which final judgment is given.
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Judgment Currency. (a) If, If for the purpose of obtaining judgment in any court, court it is necessary to convert a sum owing due hereunder in one currency into another currency, each party the parties hereto agreesagree, to the fullest extent that it they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction Administrative Agent could purchase the 100 first currency could be purchased with such other currency in the city in which it normally conducts its foreign exchange operation for the first currency on the Business Day immediately preceding the day on which final judgment is given.
Appears in 1 contract
Samples: Credit Agreement (Libbey Inc)
Judgment Currency. (a) If, If for the purpose of obtaining judgment in any court, court it is necessary to convert a sum owing due hereunder in one currency into another currency, each party the parties hereto agreesagree, to the fullest extent that it they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction Administrative Agent could purchase the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.. 105
Appears in 1 contract
Samples: Credit Agreement (Dirsamex Sa De Cv)
Judgment Currency. (a) 14.1 If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder under this Agreement in one currency into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.
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Judgment Currency. (a) If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder in one currency Dollars into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency Dollars could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.
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Judgment Currency. (a) 33. If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder in one currency into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency could be purchased by the Administrative Agent with such other currency on the Business Day immediately preceding the day on which final judgment is given.
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Judgment Currency. (a) If, If for the purpose of obtaining judgment in any court, court it is necessary to convert a sum owing due hereunder in one currency into another currency, each party the parties hereto agreesagree, to the fullest extent that it they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction Lender could purchase the first currency could be purchased with such other currency in the city in which it normally conducts its foreign exchange operation for the first currency on the Business Day immediately preceding the day on which final judgment is given.
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