Judgment Currency. (a) The obligations hereunder of the Parent Borrower, the Subsidiary Term Borrowers and the Foreign Subsidiary Borrowers and under the other Loan Documents to make payments in dollars shall not be discharged or satisfied by any tender or recovery pursuant to any judgment expressed in or converted into any currency other than dollars, except to the extent that such tender or recovery results in the effective receipt by the Administrative Agent, the Collateral Agent or a Lender of the full amount of dollars expressed to be payable to the Administrative Agent, Collateral Agent or Lender under this Agreement or the other Loan Documents. If, for the purpose of obtaining or enforcing judgment against the Parent Borrower, any Subsidiary Term Borrower, any Foreign Subsidiary Borrower or any other Loan Party in any court or in any jurisdiction, it becomes necessary to convert into or from any currency other than dollars (such other currency being hereinafter referred to as the “Judgment Currency”) an amount due in 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, as of the date immediately preceding the day on which the judgment is given (such Business Day being hereinafter referred to as the “Judgment Currency Conversion Date”). (b) If there is a change in the rate of exchange prevailing between the Judgment Currency Conversion Date and the date of actual payment of the amount due, the Parent Borrower, each Subsidiary Term Borrower and each Foreign Subsidiary Borrower, as the case may be, covenants and agrees to pay, or cause to be paid, such additional amounts, if any (but in any event not a lesser amount), as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the rate of exchange prevailing on the date of payment, will produce the amount of dollars which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial award at the rate of exchange prevailing on the Judgment Currency Conversion Date. (c) For purposes of determining the dollar equivalent of the Judgment Currency, such amounts shall include any premium and costs payable in connection with the purchase of dollars.
Appears in 5 contracts
Samples: Replacement Facility Amendment (Trimas Corp), Incremental Facility Agreement (Trimas Corp), Credit Agreement (Trimas Corp)
Judgment Currency. (a) The obligations Borrower’s obligation hereunder of the Parent Borrower, the Subsidiary Term Borrowers and the Foreign Subsidiary Borrowers and under the other Loan Documents to make payments in dollars Dollars (pursuant to such obligation, the “Obligation Currency”) shall not be discharged or satisfied by any tender or recovery pursuant to any judgment expressed in or converted into any currency other than dollarsthe Obligation Currency, except to the extent that such tender or recovery results in the effective receipt by the Administrative Agent, the Collateral Agent or a the respective Lender of the full amount of dollars the Obligation Currency expressed to be payable to the Administrative Agent, Collateral Agent or such Lender under this Agreement or the other Loan Documents. If, for the purpose of obtaining or enforcing judgment against the Parent Borrower, any Subsidiary Term Borrower, any Foreign Subsidiary Borrower or any other Loan Party in any court or in any jurisdiction, it becomes necessary to convert into or from any currency other than dollars the Obligation Currency (such other currency being hereinafter referred to as the “Judgment Currency”) an amount due in dollarsthe Obligation Currency, each party hereto agreesthe conversion shall be made at the Dollar Equivalent, to and in the fullest extent that it may effectively do socase of other currencies, that the rate of exchange used shall be that at which(as quoted by the Administrative Agent or if the Administrative Agent does not quote a rate of exchange on such currency, by a known dealer in such currency designated by the Administrative Agent) determined, in accordance with normal banking procedures in the relevant jurisdiction, the first currency could be purchased with such other currencyeach case, as of the date Business Day immediately preceding the day on which the judgment is given (such Business Day being hereinafter referred to as the “Judgment Currency Conversion Date”).
(b) If there is a change in the rate of exchange prevailing between the Judgment Currency Conversion Date and the date of actual payment of the amount due, the Parent Borrower, each Subsidiary Term Borrower and each Foreign Subsidiary Borrower, as the case may be, covenants and agrees to pay, or cause to be paid, such additional amounts, if any (but in any event not a lesser amount), ) as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the rate of exchange prevailing on the date of payment, will produce the amount of dollars the Obligation Currency which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial award at the rate of exchange prevailing on the Judgment Currency Conversion Date.
(c) For purposes of determining the dollar equivalent Dollar Equivalent or any other rate of the Judgment Currencyexchange for this Section 11.16, such amounts shall include any premium and costs payable in connection with the purchase of dollarsthe Obligation Currency.
Appears in 5 contracts
Samples: Credit Agreement (General Cable Corp /De/), Credit Agreement (General Cable Corp /De/), Credit Agreement (General Cable Corp /De/)
Judgment Currency. (a) The Borrower's obligations hereunder and each of the Parent Borrower, the Subsidiary Term Borrowers 's and the Foreign Subsidiary Borrowers and other Loan Parties' obligations under the other Loan Documents to make payments in dollars Dollars (the "OBLIGATION CURRENCY") shall not be discharged or satisfied by any tender or recovery pursuant to any judgment expressed in or converted into any currency other than dollarsthe Obligation Currency, except to the extent that such tender or recovery results in the effective receipt by the Administrative Agent, the Collateral Agent or a Lender of the full amount of dollars the Obligation Currency expressed to be payable to the Administrative Agent, the Collateral Agent or such Lender under this Agreement or the other Loan Documents. If, for the purpose of obtaining or enforcing judgment against the Parent Borrower, any Subsidiary Term Borrower, any Foreign Subsidiary Borrower or any other Loan Party in any court or in any jurisdiction, it becomes necessary to convert into or from any currency other than dollars the Obligation Currency (such other currency being hereinafter referred to as the “Judgment Currency”"JUDGMENT CURRENCY") an amount due in dollarsthe Obligation Currency, each party hereto agreesthe conversion shall be made, to the fullest extent that it may effectively do so, that at the rate of exchange used shall at which such Judgment Currency can be that at whichconverted into the Obligation Currency (as quoted on the applicable Reuters World Spot Page) determined, in accordance with normal banking procedures in the relevant jurisdiction, the first currency could be purchased with such other currencyeach case, as of 11:00 a.m., New York City time, on the date immediately preceding the day on which the judgment is given (such Business Day being hereinafter referred to as the “Judgment Currency Conversion Date”"JUDGMENT CURRENCY CONVERSION DATE").
(b) If there is a change in the rate of exchange prevailing between the Judgment Currency Conversion Date and the date of actual payment of the amount due, the Parent Borrower, each Subsidiary Term Borrower and each Foreign Subsidiary Borrower, as the case may be, covenants and agrees to pay, or cause to be paid, such additional amounts, if any (but in any event not a lesser amount), as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the rate of exchange prevailing on the date of payment, will produce the amount of dollars which the Obligation Currency that could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial award at the rate of exchange prevailing on the Judgment Currency Conversion Date.
(c) For purposes of determining the dollar equivalent rate of the Judgment Currencyexchange for this Section, such amounts shall include any premium and costs payable in connection with the purchase of dollarsthe Obligation Currency.
Appears in 5 contracts
Samples: Credit Agreement (At&t Latin America Corp), Credit Agreement (At&t Latin America Corp), Credit Agreement (At&t Latin America Corp)
Judgment Currency. (a) The Loan Parties’ obligations hereunder of the Parent Borrower, the Subsidiary Term Borrowers and the Foreign Subsidiary Borrowers and under the other Loan Documents to make payments in dollars the Applicable Currency (the “Obligation Currency”) shall not be discharged or satisfied by any tender or recovery pursuant to any judgment expressed in or converted into any currency other than dollarsthe Obligation Currency, except to the extent that such tender or recovery results in the effective receipt by the Administrative Agent, the Collateral Agent or a the respective Lender of the full amount of dollars the Obligation Currency expressed to be payable to the Administrative Agent, the Collateral Agent or such Lender under this Agreement or the other Loan Documents. If, for the purpose of obtaining or enforcing judgment against the Parent Borrower, any Subsidiary Term Borrower, any Foreign Subsidiary Borrower or any other Loan Party in any court or in any jurisdiction, it becomes necessary to convert into or from any currency other than dollars the Obligation Currency (such other currency being hereinafter referred to as the “Judgment Currency”) an amount due in dollarsthe Obligation Currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used conversion shall be that made at whichthe US Dollar Equivalent thereof, determined, in accordance with normal banking procedures in the relevant jurisdiction, the first currency could be purchased with such other currencyeach case, as of the date Business Day immediately preceding the day on which the judgment is given (such Business Day being hereinafter referred to as the “Judgment Currency Conversion Date”).
(b) If there is a change in the rate of exchange prevailing between the Judgment Currency Conversion Date and the date of actual payment of the amount due, the Parent Borrower, each Subsidiary Term Borrower and each Foreign Subsidiary Borrower, as the case may be, applicable Loan Party covenants and agrees to pay, or cause to be paid, such additional amounts, if any (but in any event not a lesser amount), ) as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the rate of exchange prevailing on the date of payment, will produce the amount of dollars the Obligation Currency which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial award at the rate of exchange prevailing on the Judgment Currency Conversion Date.
(c) For purposes of determining the dollar equivalent US Dollar Equivalent or any other rate of the Judgment Currencyexchange for this Section, such amounts shall include any premium and costs payable in connection with the purchase of dollarsthe Obligation Currency.
Appears in 5 contracts
Samples: Credit Agreement (Ceridian HCM Holding Inc.), Credit Agreement (Ceridian HCM Holding Inc.), Credit Agreement (Ceridian HCM Holding Inc.)
Judgment Currency. (a) The obligations Each Credit Party’s obligation hereunder of the Parent Borrower, the Subsidiary Term Borrowers and the Foreign Subsidiary Borrowers and under the other Loan Credit Documents to make payments in dollars Dollars or in the case of an Alternate Currency Loan or Alternate Currency Unpaid Drawing, the applicable Alternate Currency (in any such case, the “Obligation Currency”) shall not be discharged or satisfied by any tender or recovery pursuant to any judgment expressed in or converted into any currency other than dollarsthe Obligation Currency, except to the extent that such tender or recovery results in the effective receipt by the Administrative Agent, the Collateral Agent Agent, the respective Issuing Lender or a the respective Lender of the full amount of dollars the Obligation Currency expressed to be payable to the Administrative Agent, the Collateral Agent Agent, such Issuing Lender or such Lender under this Agreement or the other Loan Credit Documents. If, If for the purpose of obtaining or enforcing judgment against the Parent Borrower, any Subsidiary Term Borrower, any Foreign Subsidiary Borrower or any other Loan Credit Party in any court or in any jurisdiction, it becomes necessary to convert into or from any currency other than dollars the Obligation Currency (such other currency being hereinafter referred to as the “Judgment Currency”) an amount due in dollarsthe Obligation Currency, each party hereto agreesthe conversion shall be made, to at the fullest extent that it may effectively do soRelevant Currency Equivalent thereof or, that in the case of a conversion into currencies other than Dollars, Canadian Dollars or a Primary Alternate Currency, at the rate of exchange used shall be that at whichquoted by the Administrative Agent (or, if the Administrative Agent does not quote a rate of exchange on such currency, by a known dealer in such currency designated by the Administrative Agent), determined, in accordance with normal banking procedures in the relevant jurisdiction, the first currency could be purchased with such other currencyeach case, as of the date immediately preceding the day on which the judgment is given (such Business Day being hereinafter referred to as the “Judgment Currency Conversion Date”).
(b) If there is a change in the rate of exchange prevailing between the Judgment Currency Conversion Date and the date of actual payment of the amount due, the Parent Borrower, each Subsidiary Term respective Borrower or Borrowers covenant and each Foreign Subsidiary Borrower, as the case may be, covenants and agrees agree to pay, or cause to be paid, pay such additional amounts, if any (but in any event not a lesser amount), ) as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the rate of exchange prevailing on the date of payment, will produce the amount of dollars the Obligation Currency which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial award at the rate of exchange prevailing on the Judgment Currency Conversion Date.
(c) For purposes of determining the dollar equivalent Relevant Currency Equivalent or any other rate of the Judgment Currencyexchange for this Section 12.18, such amounts shall include any premium and costs payable in connection with the purchase of dollarsthe Obligation Currency.
Appears in 4 contracts
Samples: Credit Agreement (Silgan Holdings Inc), Credit Agreement (Silgan Holdings Inc), Credit Agreement (Silgan Holdings Inc)
Judgment Currency. (a) The Each Loan Party’s obligations hereunder of the Parent Borrower, the Subsidiary Term Borrowers and the Foreign Subsidiary Borrowers and under the other Loan Documents to make payments in dollars the applicable Currency (the “Obligation Currency”) shall not be discharged or satisfied by any tender or recovery pursuant to any judgment expressed in or converted into any currency other than dollarsthe Obligation Currency, except to the extent that that, on the Business Day immediately following the date of such tender or recovery results in the effective receipt by recovery, the Administrative Agent, the Collateral Agent or a Lender of Swing Line Lender, the full amount of dollars expressed to be payable to the Administrative Agent, Collateral Agent or Lender under this Agreement Issuing Bank or the applicable Lender, as the case may be, may, in accordance with normal banking procedures, purchase the Obligation Currency with such other Loan Documentscurrency. If, If for the purpose of obtaining or enforcing judgment against the Parent Borrower, any Subsidiary Term Borrower, any Foreign Subsidiary Borrower or any other Loan Party in any court or in any jurisdiction, it becomes necessary to convert into or from any currency other than dollars the Obligation Currency (such other currency being hereinafter referred to as the “Judgment Currency”) an amount due in dollarsthe Obligation Currency, each party hereto agrees, to the fullest extent that it may effectively do so, that conversion shall be made at the rate of exchange used shall be that at which, in accordance with normal banking procedures in the relevant jurisdiction, the first currency Obligation Currency could be purchased with such other currency, the Judgment Currency as of the date day immediately preceding the day on which the judgment is given (such Business Day being hereinafter referred to as the “Judgment Currency Conversion Date”).
(b) If there the amount of Obligation Currency purchased pursuant to the last sentence of subsection (a) above is a change less than the sum originally due in the rate of exchange prevailing between the Judgment Currency Conversion Date and the date of actual payment of the amount dueObligation Currency, the Parent Borrower, each Subsidiary Term Borrower and each Foreign Subsidiary Borrower, as the case may be, applicable Loan Party covenants and agrees to payindemnify the applicable recipient against such loss, or cause and if the Obligation Currency so purchased exceeds the sum originally due to be paidsuch recipient, such additional amounts, if any (but in any event not a lesser amount), as may be necessary recipient agrees to ensure that remit to the amount paid in the Judgment Currency, when converted at the rate of exchange prevailing on the date of payment, will produce the amount of dollars which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial award at the rate of exchange prevailing on the Judgment Currency Conversion Dateapplicable Loan Party such excess.
(c) For purposes of determining the dollar equivalent of the Judgment Currency, such amounts shall include any premium and costs payable in connection with the purchase of dollars.
Appears in 4 contracts
Samples: Credit Agreement (Tiffany & Co), Credit Agreement (Tiffany & Co), Credit Agreement (Tiffany & Co)
Judgment Currency. (a) The Each Loan Party’s obligations hereunder of the Parent Borrower, the Subsidiary Term Borrowers and the Foreign Subsidiary Borrowers and under the other Loan Documents to make payments in dollars Dollars (the “Obligation Currency”) shall not be discharged or satisfied by any tender or recovery pursuant to any judgment expressed in or converted into any currency other than dollarsthe Obligation Currency, except to the extent that such tender or recovery results in the effective receipt by the Administrative Agent, the Collateral Agent or a the respective Lender of the full amount of dollars the Obligation Currency expressed to be payable to the Administrative Agent, Collateral Agent or such Lender under this Agreement or the other Loan Documents. If, for the purpose of obtaining or enforcing judgment against the Parent Borrower, any Subsidiary Term Borrower, any Foreign Subsidiary Borrower or any other Loan Party in any court or in any jurisdiction, it becomes necessary to convert into or from any currency other than dollars the Obligation Currency (such other currency being hereinafter referred to as the “Judgment Currency”) an amount due in dollarsthe Obligation Currency, each party hereto agrees, to the fullest extent that it may effectively do so, that conversion shall be made at the spot selling rate at which the Administrative Agent (or if the Administrative Agent does not quote a rate of exchange used shall be that at whichon such currency, by a known dealer in accordance with normal banking procedures such currency designated by the Administrative Agent) offers to sell such Judgment Currency for the Obligation Currency in the relevant jurisdiction, the first currency could be purchased with London foreign exchange market at approximately 11:00 a.m. London time on such other currency, as of the date immediately preceding the day on which the judgment is given for delivery two (2) Business Days later (such Business Day date of determination of such spot selling rate, being hereinafter referred to as the “Judgment Currency Conversion Date”).
(b) If there is a change in the rate of exchange prevailing between the Judgment Currency Conversion Date and the date of actual payment of the amount due, the Parent Borrower, each Subsidiary Term Borrower and each Foreign Subsidiary Borrower, as the case may be, covenants and agrees to pay, or cause to be paid, such additional amounts, if any (but in any event not a lesser amount), ) as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the rate of exchange prevailing on the date of payment, will produce the amount of dollars the Obligation Currency which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial award at the rate of exchange prevailing on the Judgment Currency Conversion Date.
(c) For purposes of determining the dollar equivalent any rate of the Judgment Currencyexchange for this Section 11.18, such amounts shall include any premium and costs payable in connection with the purchase of dollarsthe Obligation Currency.
Appears in 4 contracts
Samples: Refinancing Amendment Agreement (Novelis Inc.), Credit Agreement (Novelis Inc.), Credit Agreement (Novelis Inc.)
Judgment Currency. (a) The Each Loan Party’s obligations hereunder of the Parent Borrower, the Subsidiary Term Borrowers and the Foreign Subsidiary Borrowers and under the other Loan Documents to make payments in dollars the applicable Approved Currency (pursuant to such obligation, the “Obligation Currency”) shall not be discharged or satisfied by any tender or recovery pursuant to any judgment expressed in or converted into any currency other than dollarsthe Obligation Currency, except to the extent that such tender or recovery results in the effective receipt by the Administrative Agent, the Collateral Agent or a the respective Lender of the full amount of dollars the Obligation Currency expressed to be payable to the Administrative Agent, Collateral Agent or such Lender under this Agreement or the other Loan Documents. If, for the purpose of obtaining or enforcing judgment against the Parent Borrower, any Subsidiary Term Borrower, any Foreign Subsidiary Borrower or any other Loan Party in any court or in any jurisdiction, it becomes necessary to convert into or from any currency other than dollars the Obligation Currency (such other currency being hereinafter referred to as the “Judgment Currency”) an amount due in dollarsthe Obligation Currency, each party hereto agreesthe conversion shall be made at the Relevant Currency Equivalent, to and in the fullest extent that it may effectively do socase of other currencies, that the rate of exchange used shall be that at which(as quoted by the Administrative Agent or if the Administrative Agent does not quote a rate of exchange on such currency, by a known dealer in such currency designated by the Administrative Agent) determined, in accordance with normal banking procedures in the relevant jurisdiction, the first currency could be purchased with such other currencyeach case, as of the date Business Day immediately preceding the day on which the judgment is given (such Business Day being hereinafter referred to as the “Judgment Currency Conversion Date”).
(b) If there is a change in the rate of exchange prevailing between the Judgment Currency Conversion Date and the date of actual payment of the amount due, the Parent Borrower, each Subsidiary Term Borrower and each Foreign Subsidiary Borrower, as the case may be, covenants and agrees to pay, or cause to be paid, such additional amounts, if any (but in any event not a lesser amount), ) as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the rate of exchange prevailing on the date of payment, will produce the amount of dollars the Obligation Currency which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial award at the rate of exchange prevailing on the Judgment Currency Conversion Date.
(c) For purposes of determining the dollar equivalent Relevant Currency Equivalent or any other rate of the Judgment Currencyexchange for this Section 11.18, such amounts shall include any premium and costs payable in connection with the purchase of dollarsthe Obligation Currency.
Appears in 4 contracts
Samples: Credit Agreement (Novelis Inc.), Credit Agreement (Novelis Inc.), Credit Agreement (Novelis Inc.)
Judgment Currency. (a) The obligations Borrowers’ obligation hereunder of the Parent Borrower, the Subsidiary Term Borrowers and the Foreign Subsidiary Borrowers and under the other Loan Documents to make payments in dollars the applicable Approved Currency (pursuant to such obligation, the “Obligation Currency”) shall not be discharged or satisfied by any tender or recovery pursuant to any judgment expressed in or converted into any currency other than dollarsthe Obligation Currency, except to the extent that such tender or recovery results in the effective receipt by the Administrative Agent, the Collateral Agent or a the respective Lender of the full amount of dollars the Obligation Currency expressed to be payable to the Administrative Agent, Collateral Agent or such Lender under this Agreement or the other Loan Documents. If, for the purpose of obtaining or enforcing judgment against the Parent Borrower, any Subsidiary Term Borrower, any Foreign Subsidiary Borrower or any other Loan Party in any court or in any jurisdiction, it becomes necessary to convert into or from any currency other than dollars the Obligation Currency (such other currency being hereinafter referred to as the “Judgment Currency”) an amount due in dollarsthe Obligation Currency, each party hereto agreesthe conversion shall be made at the Relevant Currency Equivalent, to and in the fullest extent that it may effectively do socase of other currencies, that the rate of exchange used shall be that at which(as quoted by the Administrative Agent or if the Administrative Agent does not quote a rate of exchange on such currency, by a known dealer in such currency designated by the Administrative Agent) determined, in accordance with normal banking procedures in the relevant jurisdiction, the first currency could be purchased with such other currencyeach case, as of the date Business Day immediately preceding the day on which the judgment is given (such Business Day being hereinafter referred to as the “Judgment Currency Conversion Date”).
(b) If there is a change in the rate of exchange prevailing between the Judgment Currency Conversion Date and the date of actual payment of the amount due, the Parent BorrowerBorrowers, each Subsidiary Term Borrower jointly and each Foreign Subsidiary Borrowerseverally, as the case may be, covenants covenant and agrees agree to pay, or cause to be paid, such additional amounts, if any (but in any event not a lesser amount), ) as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the rate of exchange prevailing on the date of payment, will produce the amount of dollars the Obligation Currency which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial award at the rate of exchange prevailing on the Judgment Currency Conversion Date.
(c) For purposes of determining the dollar equivalent Relevant Currency Equivalent or any other rate of the Judgment Currencyexchange for this Section 10.18, such amounts shall include any premium and costs payable in connection with the purchase of dollarsthe Obligation Currency.
Appears in 4 contracts
Samples: Revolving Syndicated Facility Agreement (Tronox LTD), Revolving Syndicated Facility Agreement (Tronox LTD), Revolving Syndicated Facility Agreement (Tronox LTD)
Judgment Currency. (a) The obligations Each Borrower’s obligation hereunder of the Parent Borrower, the Subsidiary Term Borrowers and the Foreign Subsidiary Borrowers and under the other Loan Documents to make payments in dollars shall not be discharged or satisfied by any tender or recovery pursuant to any judgment expressed in or converted into any currency other than dollars, except to the extent that such tender or recovery results in the effective receipt by the Administrative Agent, the Collateral Agent or a the respective Lender of the full amount of dollars expressed to be payable to the Administrative Agent, Collateral Agent or such Lender under this Agreement or the other Loan Documents. If, for the purpose of obtaining or enforcing judgment against the Parent Borrower, any Subsidiary Term Borrower, any Foreign Subsidiary a Borrower or any other Loan Party in any court or in any jurisdiction, it becomes necessary to convert into or from any currency other than dollars (such other currency being hereinafter referred to as the “Judgment Currency”) an amount due in dollars, each party hereto agrees, to the fullest extent that it may effectively do so, that conversion shall be made at the rate of exchange used shall be that at which(as quoted by the Administrative Agent or if the Administrative Agent does not quote a rate of exchange on such currency, by a known dealer in such currency designated by the Administrative Agent) determined, in accordance with normal banking procedures in the relevant jurisdiction, the first currency could be purchased with such other currencyeach case, as of the date Business Day immediately preceding the day on which the judgment is given (such Business Day being hereinafter referred to as the “Judgment Currency Conversion Date”).
(b) If there is a change in the rate of exchange prevailing between the Judgment Currency Conversion Date and the date of actual payment of the amount due, the Parent Borrower, each Subsidiary Term Borrower and each Foreign Subsidiary Borrower, as the case may be, covenants and agrees to pay, or cause to be paid, such additional amounts, if any (but in any event not a lesser amount), ) as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the rate of exchange prevailing on the date of payment, will produce the amount of dollars which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial award at the rate of exchange prevailing on the Judgment Currency Conversion Date.
(c) For purposes of determining the dollar equivalent any rate of the Judgment Currencyexchange for this Section 11.16, such amounts shall include any premium and costs payable in connection with the purchase of dollars.
Appears in 4 contracts
Samples: Credit Agreement (Ply Gem Holdings Inc), Credit Agreement (Ply Gem Holdings Inc), Credit Agreement (Ply Gem Holdings Inc)
Judgment Currency. (a) The obligations hereunder of the Parent Borrower, the Subsidiary Term Borrowers and the Foreign Subsidiary Borrowers and or any Additional Borrower under the other Loan Documents to make payments in dollars Dollars or an Alternative Currency, as the case may be (the “Obligation Currency”), shall not be discharged or satisfied by any tender or recovery pursuant to any judgment expressed in or converted into any currency other than dollarsthe Obligation Currency, except to the extent that such tender or recovery results in the effective receipt by the Administrative Agent, the Collateral Agent or a Lender of the full amount of dollars the Obligation Currency expressed to be payable to the Administrative Agent, Collateral Agent or Lender under this Agreement or the other Loan Documents. If, for the purpose of obtaining or enforcing judgment against the Parent Borrower, any Subsidiary Term Borrower, any Foreign Subsidiary Borrower or any other Loan Party in any court or in any jurisdiction, it becomes necessary to convert into or from any currency other than dollars the Obligation Currency (such other currency being hereinafter referred to as the “Judgment Currency”) an amount due in dollarsthe Obligation Currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used conversion shall be that made, at whichthe Dollar Equivalent of such amount, in accordance with normal banking procedures in the relevant jurisdiction, the first currency could be purchased with such other currencyeach case, as of the date immediately preceding the day on which the judgment is given (such Business Day being hereinafter referred to as the “Judgment Currency Conversion Date”).
(b) If there is a change in the rate of exchange prevailing between the Judgment Currency Conversion Date and the date of actual payment of the amount due, the Parent Borrower, each Subsidiary Term Borrower Borrowers covenant and each Foreign Subsidiary Borrower, as the case may be, covenants and agrees agree to pay, or cause to be paid, such additional amounts, if any (but in any event not a lesser amount), as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the rate of exchange prevailing on the date of payment, will produce the amount of dollars the Obligation Currency which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial award at the rate of exchange prevailing on the Judgment Currency Conversion Date.
(c) . The Borrower shall indemnify and save the Administrative Agent and the Lenders harmless from and against all loss or damage arising as a result of such deficiency. This indemnity shall constitute an obligation separate and independent from the other obligations contained in this Agreement and the other Loan Documents, shall give rise to a separate and independent cause of action, shall apply irrespective of any indulgence granted by the Administrative Agent from time to time and shall continue in full force and effect notwithstanding any judgment or order for a liquidated sum in respect of an amount due under this Agreement or any other Loan Document or under any judgment or order. For purposes of determining the dollar equivalent of the Judgment CurrencyDollar Equivalent, such amounts shall include any premium and costs payable in connection with the purchase of dollarsthe Obligation Currency.
Appears in 4 contracts
Samples: Credit Agreement (APi Group Corp), Credit Agreement (APi Group Corp), Credit Agreement (APi Group Corp)
Judgment Currency. (a) The Loan Parties’ obligations hereunder of the Parent Borrower, the Subsidiary Term Borrowers and the Foreign Subsidiary Borrowers and under the other Loan Documents to make payments in dollars the applicable Loan Currency (pursuant to such obligation, the “Obligation Currency”) shall not be discharged or satisfied by any tender or recovery pursuant to any judgment expressed in or converted into any currency other than dollarsthe Obligation Currency, except to the extent that such tender or recovery results in the effective receipt by the Administrative Agent, the Collateral Agent or a the respective Lender of the full amount of dollars the Obligation Currency expressed to be payable to the Administrative Agent, Collateral Agent or such Lender under this Agreement or the other Loan Documents. If, for the purpose of obtaining or enforcing judgment against the Parent Borrower, any Subsidiary Term Borrower, any Foreign Subsidiary Borrower or any other Loan Party in any court or in any jurisdiction, it becomes necessary to convert into or from any currency other than dollars the Obligation Currency (such other currency being hereinafter referred to as the “Judgment Currency”) an amount due in dollarsthe Obligation Currency, each party hereto agreesthe conversion shall be made at the Relevant Currency Equivalent, to and in the fullest extent that it may effectively do socase of other currencies, that the rate of exchange used shall be that at which(as quoted by the Administrative Agent or if the Administrative Agent does not quote a rate of exchange on such currency, by a known dealer in such currency designated by the Administrative Agent) determined, in accordance with normal banking procedures in the relevant jurisdiction, the first currency could be purchased with such other currencyeach case, as of the date Business Day immediately preceding the day on which the judgment is given (such Business Day being hereinafter referred to as the “Judgment Currency Conversion Date”).
(b) If there is a change in the rate of exchange prevailing between the Judgment Currency Conversion Date and the date of actual payment of the amount due, the Parent Borrower, each Subsidiary Term Borrower Loan Parties covenant and each Foreign Subsidiary Borrower, as the case may be, covenants and agrees agree to pay, or cause to be paid, either (i) such additional amounts, if any (but in any event not a lesser amount), ) as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the rate of exchange prevailing on the date of payment, will produce the amount of dollars the Obligation Currency which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial award at the rate of exchange prevailing on the Judgment Currency Conversion Date, or (ii) such amount, in the Obligation Currency, equal to the amount of the applicable judgment denominated in Judgment currency, converted to the Obligation Currency in accordance with the Judgment Currency Conversion Date.
(c) For purposes of determining the dollar equivalent Relevant Currency Equivalent or any other rate of the Judgment Currencyexchange for this Section 11.19, such amounts shall include any premium and costs payable in connection with the purchase of dollarsthe Obligation Currency.
Appears in 4 contracts
Samples: Senior Unsecured Sustainability Linked Revolving Credit Agreement (Teva Pharmaceutical Industries LTD), Senior Unsecured Revolving Credit Agreement (Teva Pharmaceutical Industries LTD), Senior Unsecured Revolving Credit Agreement (Teva Pharmaceutical Industries LTD)
Judgment Currency. (a) The obligations Borrower’s obligation hereunder of the Parent Borrower, the Subsidiary Term Borrowers and the Foreign Subsidiary Borrowers and under the other Loan Documents to make payments in dollars the applicable Approved Currency (pursuant to such obligation, the “Obligation Currency”) shall not be discharged or satisfied by any tender or recovery pursuant to any judgment expressed in or converted into any currency other than dollarsthe Obligation Currency, except to the extent that such tender or recovery results in the effective receipt by the Administrative Agent, the Collateral Agent or a the respective Lender of the full amount of dollars the Obligation Currency expressed to be payable to the Administrative Agent, Collateral Agent or such Lender under this Agreement or the other Loan Documents. If, for the purpose of obtaining or enforcing judgment against the Parent Borrower, any Subsidiary Term Borrower, any Foreign Subsidiary Borrower or any other Loan Party in any court or in any jurisdiction, it becomes necessary to convert into or from any currency other than dollars the Obligation Currency (such other currency being hereinafter referred to as the “Judgment Currency”) an amount due in dollarsthe Obligation Currency, each party hereto agreesthe conversion shall be made at the Relevant Currency Equivalent, to and in the fullest extent that it may effectively do socase of other currencies, that the rate of exchange used shall be that at which(as quoted by the Administrative Agent or if the Administrative Agent does not quote a rate of exchange on such currency, by a known dealer in such currency designated by the Administrative Agent) determined, in accordance with normal banking procedures in the relevant jurisdiction, the first currency could be purchased with such other currencyeach case, as of the date Business Day immediately preceding the day on which the judgment is given (such Business Day being hereinafter referred to as the “Judgment Currency Conversion Date”).
(b) If there is a change in the rate of exchange prevailing between the Judgment Currency Conversion Date and the date of actual payment of the amount due, the Parent Borrower, each Subsidiary Term Borrower and each Foreign Subsidiary Borrower, as the case may be, covenants and agrees to pay, or cause to be paid, such additional amounts, if any (but in any event not a lesser amount), ) as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the rate of exchange prevailing on the date of payment, will produce the amount of dollars the Obligation Currency which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial award at the rate of exchange prevailing on the Judgment Currency Conversion Date.
(c) For purposes of determining the dollar equivalent Relevant Currency Equivalent or any other rate of the Judgment Currencyexchange for this Section 9.21, such amounts shall include any premium and costs payable in connection with the purchase of dollarsthe Obligation Currency.
Appears in 4 contracts
Samples: Revolving Credit Agreement (Nuance Communications, Inc.), Revolving Credit Agreement (Nuance Communications, Inc.), Revolving Credit Agreement (Nuance Communications, Inc.)
Judgment Currency. (a) The obligations Borrowers’ obligation hereunder of the Parent Borrower, the Subsidiary Term Borrowers and the Foreign Subsidiary Borrowers and under the other Loan Documents to make payments in dollars the applicable Approved Currency (pursuant to such obligation, the “Obligation Currency”) shall not be discharged or satisfied by any tender or recovery pursuant to any judgment expressed in or converted into any currency other than dollarsthe Obligation Currency, except to the extent that such tender or recovery results in the effective receipt by the applicable Administrative Agent, the Collateral Agent or a the respective Lender of the full amount of dollars the Obligation Currency expressed to be payable to the such Administrative Agent, Collateral Agent or such Lender under this Agreement or the other Loan Documents. If, for the purpose of obtaining or enforcing judgment against the Parent Borrower, any Subsidiary Term Borrower, any Foreign Subsidiary Borrower or any other Loan Party Borrowers in any court or in any jurisdiction, it becomes necessary to convert into or from any currency other than dollars the Obligation Currency (such other currency being hereinafter referred to as the “Judgment Currency”) an amount due in dollarsthe Obligation Currency, each party hereto agreesthe conversion shall be made at the Dollar Equivalent, to and in the fullest extent that it may effectively do socase of other currencies, that the rate of exchange used shall be that at which(as quoted by such Administrative Agent or if such Administrative Agent does not quote a rate of exchange on such currency, by a known dealer in such currency designated by such Administrative Agent) determined, in accordance with normal banking procedures in the relevant jurisdiction, the first currency could be purchased with such other currencyeach case, as of the date Business Day immediately preceding the day on which the judgment is given (such Business Day being hereinafter referred to as the “Judgment Currency Conversion Date”).
(b) If there is a change in the rate of exchange prevailing between the Judgment Currency Conversion Date and the date of actual payment of the amount due, the Parent Borrower, each Subsidiary Term Borrower Borrowers covenant and each Foreign Subsidiary Borrower, as the case may be, covenants and agrees agree to pay, or cause to be paid, such additional amounts, if any (but in any event not a lesser amount), ) as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the rate of exchange prevailing on the date of payment, will produce the amount of dollars the Obligation Currency which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial award at the rate of exchange prevailing on the Judgment Currency Conversion Date.
(c) For purposes of determining the dollar equivalent Dollar Equivalent or any other rate of the Judgment Currencyexchange for this Section 11.18, such amounts shall include any premium and costs payable in connection with the purchase of dollarsthe Obligation Currency.
Appears in 3 contracts
Samples: Senior Secured, Super Priority Debtor in Possession and Exit Option Credit Agreement (Linens N Things Inc), Credit Agreement (Linens N Things Inc), Credit Agreement (Linens N Things Inc)
Judgment Currency. (a) The Credit Parties’ obligations hereunder of the Parent Borrower, the Subsidiary Term Borrowers and the Foreign Subsidiary Borrowers and under the other Loan Credit Documents to make payments in dollars any currency (the “Obligation Currency”) shall not be discharged or satisfied by any tender or recovery pursuant to any judgment expressed in or converted into any currency other than dollarsthe Obligation Currency, except to the extent that such tender or recovery results in the effective receipt by the Administrative Agent, the Collateral any Agent or a the respective Lender of the full amount of dollars the Obligation Currency expressed to be payable to the Administrative Agent, Collateral such Agent or such Lender under this Agreement or the other Loan Credit Documents. If, If for the purpose of obtaining or enforcing judgment against the Parent Borrower, any Subsidiary Term Borrower, any Foreign Subsidiary Borrower or any other Loan Credit Party in any court or in any jurisdiction, it becomes necessary to convert into or from any currency other than dollars the Obligation Currency (such other currency being hereinafter referred to as the “Judgment Currency”) an amount due in dollarsthe Obligation Currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the conversion shall be made at rate of exchange used shall be that at which(as quoted by the Administrative Agent or if the Administrative Agent does not quote a rate of exchange on such currency, by a known dealer in such currency designated by the Administrative Agent) determined, in accordance with normal banking procedures in the relevant jurisdiction, the first currency could be purchased with such other currencyeach case, as of the date immediately preceding the day on which the judgment is given (such Business Day day being hereinafter referred to as the “Judgment Currency Conversion Date”).
(b) If there is a change in the rate of exchange prevailing between the Judgment Currency Conversion Date and the date of actual payment of the amount due, the Parent Borrower, each Subsidiary Term Borrower and each Foreign Subsidiary Borrower, as the case may be, covenants and agrees to pay, or cause to be paid, such additional amounts, if any (but in any event not a lesser amount), as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the rate of exchange prevailing on the date of payment, will produce the amount of dollars the Obligation Currency which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial award at the rate of or exchange prevailing on the Judgment Currency Conversion Date.
(c) For purposes of determining the dollar equivalent any rate of the Judgment Currencyexchange for this Section, such amounts shall include any premium and costs payable in connection with the purchase of dollarsthe Obligation Currency.
Appears in 3 contracts
Samples: Bridge Loan Credit Agreement (Aleris International, Inc.), Term Loan Agreement (Aleris International, Inc.), Credit Agreement (Aleris International, Inc.)
Judgment Currency. (a) The obligations Borrower's obligation hereunder of the Parent Borrower, the Subsidiary Term Borrowers and the Foreign Subsidiary Borrowers and under the other Loan Documents to make payments in dollars the applicable Approved Currency (pursuant to such obligation, the "Obligation Currency") shall not be discharged or satisfied by any tender or recovery pursuant to any judgment expressed in or converted into any currency other than dollarsthe Obligation Currency, except to the extent that such tender or recovery results in the effective receipt by the Administrative Agent, the Collateral Agent or a the respective Lender of the full amount of dollars the Obligation Currency expressed to be payable to the Administrative Agent, Collateral Agent or such Lender under this Agreement or the other Loan Documents. If, for the purpose of obtaining or enforcing judgment against the Parent Borrower, any Subsidiary Term Borrower, any Foreign Subsidiary Borrower or any other Loan Party in any court or in any jurisdiction, it becomes necessary to convert into or from any currency other than dollars the Obligation Currency (such other currency being hereinafter referred to as the “"Judgment Currency”") an amount due in dollarsthe Obligation Currency, each party hereto agreesthe conversion shall be made at the Relevant Currency Equivalent, to and in the fullest extent that it may effectively do socase of other currencies, that the rate of exchange used shall be that at which(as quoted by the Administrative Agent or if the Administrative Agent does not quote a rate of exchange on such currency, by a known dealer in such currency designated by the Administrative Agent) determined, in accordance with normal banking procedures in the relevant jurisdiction, the first currency could be purchased with such other currencyeach case, as of the date Business Day immediately preceding the day on which the judgment is given (such Business Day being hereinafter referred to as the “"Judgment Currency Conversion Date”").
(b) If there is a change in the rate of exchange prevailing between the Judgment Currency Conversion Date and the date of actual payment of the amount due, the Parent Borrower, each Subsidiary Term Borrower and each Foreign Subsidiary Borrower, as the case may be, covenants and agrees to pay, or cause to be paid, such additional amounts, if any (but in any event not a lesser amount), ) as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the rate of exchange prevailing on the date of payment, will produce the amount of dollars the Obligation Currency which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial award at the rate of exchange prevailing on the Judgment Currency Conversion Date.
(c) For purposes of determining the dollar equivalent Relevant Currency Equivalent or any other rate of the Judgment Currencyexchange for this Section 9.21, such amounts shall include any premium and costs payable in connection with the purchase of dollars.the Obligation Currency. [Signature Pages Follow]
Appears in 3 contracts
Samples: Credit Agreement (Nuance Communications, Inc.), Credit Agreement (Nuance Communications, Inc.), Credit Agreement (Nuance Communications, Inc.)
Judgment Currency. (a) The obligations Borrower’s obligation hereunder of the Parent Borrower, the Subsidiary Term Borrowers and the Foreign Subsidiary Borrowers and under the other Loan Documents to make payments in dollars the applicable Approved Currency (pursuant to such obligation, the “Obligation Currency”) shall not be discharged or satisfied by any tender or recovery pursuant to any judgment expressed in or converted into any currency other than dollarsthe Obligation Currency, except to the extent that such tender or recovery results in the effective receipt by the Administrative Agent, the Collateral Agent or a the respective Lender of the full amount of dollars the Obligation Currency expressed to be payable to the Administrative Agent, Collateral Agent or such Lender under this Agreement or the other Loan Documents. If, for the purpose of obtaining or enforcing judgment against the Parent Borrower, any Subsidiary Term Borrower, any Foreign Subsidiary Borrower or any other Loan Party in any court or in any jurisdiction, it becomes necessary to convert into or from any currency other than dollars the Obligation Currency (such other currency being hereinafter referred to as the “Judgment Currency”) an amount due in dollarsthe Obligation Currency, each party hereto agreesthe conversion shall be made at the Relevant Currency Equivalent, to and in the fullest extent that it may effectively do socase of other currencies, that the rate of exchange used shall be that at which(as quoted by the Administrative Agent or if the Administrative Agent does not quote a rate of exchange on such currency, by a known dealer in such currency designated by the Administrative Agent) determined, in accordance with normal banking procedures in the relevant jurisdiction, the first currency could be purchased with such other currencyeach case, as of the date Business Day immediately preceding the day on which the judgment is given (such Business Day being hereinafter referred to as the “Judgment Currency Conversion Date”).
(b) If there is a change in the rate of exchange prevailing between the Judgment Currency Conversion Date and the date of actual payment of the amount due, the Parent Borrower, each Subsidiary Term Borrower and each Foreign Subsidiary Borrower, as the case may be, covenants and agrees to pay, or cause to be paid, such additional amounts, if any (but in any event not a lesser amount), ) as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the rate of exchange prevailing on the date of payment, will produce the amount of dollars the Obligation Currency which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial award at the rate of exchange prevailing on the Judgment Currency Conversion Date.
(c) For purposes of determining the dollar equivalent Relevant Currency Equivalent or any other rate of the Judgment Currencyexchange for this Section 10.18, such amounts shall include any premium and costs payable in connection with the purchase of dollarsthe Obligation Currency.
Appears in 3 contracts
Samples: Credit Agreement (On Assignment Inc), Credit Agreement (Norcross Safety Products LLC), Credit Agreement (Itron Inc /Wa/)
Judgment Currency. (a) The Loan Parties’ obligations hereunder of the Parent Borrower, the Subsidiary Term Borrowers and the Foreign Subsidiary Borrowers and under the other Loan Documents to make payments in dollars Dollars or Euros, as applicable (the “Obligation Currency”) shall not be discharged or satisfied by any tender or recovery pursuant to any judgment expressed in or converted into any currency other than dollarsthe Obligation Currency, except to the extent that such tender or recovery results in the effective receipt by the Administrative Agent, the Collateral Agent or a the respective Lender of the full amount of dollars the Obligation Currency expressed to be payable to the Administrative Agent, Collateral Agent or such Lender under this Agreement or the other Loan Documents. If, If for the purpose of obtaining or enforcing judgment against the Parent Borrower, any Subsidiary Term Borrower, any Foreign Subsidiary Borrower or any other Loan Party in any court or in any jurisdiction, it becomes necessary to convert into or from any currency other than dollars the Obligation Currency (such other currency being hereinafter referred to as the “Judgment Currency”) an amount due in dollarsthe Obligation Currency, each party hereto agreesthe conversion shall be made, to at the fullest extent that it may effectively do soDollar Equivalent thereof, that and, in the case of other currencies, the rate of exchange used shall be that at which(as quoted by the Agent or if the Agent does not quote a rate of exchange on such currency, by a known dealer in such currency designated by the Agent) determined, in accordance with normal banking procedures in the relevant jurisdiction, the first currency could be purchased with such other currencyeach case, as of the date immediately preceding the day on which the judgment is given (such Business Day day being hereinafter referred to as the “Judgment Currency Conversion Date”).
(b) If there is a change in the rate of exchange prevailing between the Judgment Currency Conversion Date and the date of actual payment of the amount due, (i) Borrower or the Parent Borrower, each Subsidiary Term Borrower and each Foreign Subsidiary Borrower, as the case may be, appropriate Loan Party covenants and agrees to pay, or cause to be paid, such additional amounts, if any (but in any event not a lesser amount), as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the rate of exchange prevailing on the date of payment, will produce the amount of dollars the Obligation Currency which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial award at the rate of or exchange prevailing on the Judgment Currency Conversion Date.
Date and (cii) For purposes of determining if the dollar equivalent of amount actually paid by Borrower or the appropriate Loan Party is greater than the Obligation Currency sum due to the Agent and Lenders on the Judgment CurrencyCurrency Conversion Date in such currency, such amounts shall include the Agent and Lenders agree to return the amount of any premium and costs payable in connection with excess to the purchase of dollarsBorrower or the appropriate Loan Party.
Appears in 3 contracts
Samples: Loan and Security Agreement (WireCo WorldGroup Poland Holdings Sp. z.o.o.), Loan and Security Agreement (1295728 Alberta ULC), Loan and Security Agreement (1295728 Alberta ULC)
Judgment Currency. (a) The Credit Parties' obligations hereunder of the Parent Borrower, the Subsidiary Term Borrowers and the Foreign Subsidiary Borrowers and under the other Loan Credit Documents to make payments in dollars a particular currency as the case may be (the "Obligation Currency") shall not be discharged or satisfied by any tender or recovery pursuant to any judgment expressed in or converted into any currency other than dollarsthe Obligation Currency, except to the extent that such tender or recovery actually results in the effective receipt by the Administrative Agent, the Collateral Agent or a Lender of the full amount of dollars the Obligation Currency expressed to be payable to the Administrative Agent, Collateral Agent or such Lender under this Agreement or the other Loan Credit Documents. If, If for the purpose of obtaining or enforcing judgment against the Parent Borrower, any Subsidiary Term Borrower, any Foreign Subsidiary Borrower or any other Loan Credit Party in any court or in any jurisdiction, it becomes necessary to convert into or from any currency other than dollars the Obligation Currency (such other currency being hereinafter referred to as the “"Judgment Currency”") an amount due in dollarsthe Obligation Currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used conversion shall be that at whichmade, and the currency equivalent determined, in accordance with normal banking procedures in the relevant jurisdiction, the first currency could be purchased with such other currencyeach case, as of on the date day immediately preceding the day on which the judgment is given (such Business Day being hereinafter hereafter referred to as the “"Judgment Currency Conversion Date”").
(b) If there is a change in the rate of exchange prevailing between the Judgment Currency Conversion Date and the date of actual payment of the amount due, the Parent Borrower, each Subsidiary Term Borrower Credit Parties covenant and each Foreign Subsidiary Borrower, as the case may be, covenants and agrees agree to pay, or cause to be paid, such additional amounts, if any (but in any event not a lesser amount), as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the rate of exchange quoted by the Administrative Agent at its prevailing rate for such currency exchange on the date of payment, will produce the amount of dollars the Obligation Currency which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial award at the rate of exchange prevailing on the Judgment Currency Conversion Date.
(c) For purposes of determining the dollar currency equivalent of the Judgment Currencyfor this Section, such amounts shall include any premium and costs payable in connection with the purchase of dollarsthe Obligation Currency.
Appears in 3 contracts
Samples: Revolving Credit and Term Loan Agreement (Catalina Lighting Inc), Revolving Credit and Term Loan Agreement (Catalina Lighting Inc), Revolving Credit and Term Loan Agreement (Catalina Lighting Inc)
Judgment Currency. (a) The Borrowers’ obligations hereunder of the Parent Borrower, the Subsidiary Term Borrowers and the Foreign Subsidiary Borrowers and under the other Loan Documents to make payments in dollars Dollars or in any Alternative Currency (the “Obligation Currency”) shall not be discharged or satisfied by any tender or recovery pursuant to any judgment expressed in or converted into any currency other than dollarsthe Obligation Currency, except to the extent that such tender or recovery results in the effective receipt by the Administrative Agent, the Collateral Agent or a Lender of the full amount of dollars the Obligation Currency expressed to be payable to the Administrative Agent, Collateral Agent or such Lender under this Agreement or the other Loan Documents. If, for the purpose of obtaining or enforcing judgment against the Parent Borrower, any Subsidiary Term Borrower, any Foreign Subsidiary Borrower or any other Loan Party in any court or in any jurisdiction, it becomes necessary to convert into or from any currency other than dollars the Obligation Currency (such other currency being hereinafter referred to as the “Judgment Currency”) an amount due in dollarsthe Obligation Currency, each party hereto agreesthe conversion shall be made at the Alternative Currency Equivalent or Dollar Equivalent, to in the fullest extent that it may effectively do socase of any Alternative Currency or Dollars, that and, in the case of other currencies, the rate of exchange used shall be that at which(as quoted by the Administrative Agent or if the Administrative Agent does not quote a rate of exchange on such currency, by a known dealer in such currency designated by the Administrative Agent) determined, in accordance with normal banking procedures in the relevant jurisdiction, the first currency could be purchased with such other currencyeach case, as of the date immediately preceding the day on which the judgment is given (such Business Day being hereinafter referred to as the “Judgment Currency Conversion Date”).
(b) If there is a change in the rate of exchange prevailing between the Judgment Currency Conversion Date and the date of actual payment of the amount due, the Parent Borrower, each Subsidiary Term Borrower and each Foreign Subsidiary Borrower, as the case may be, covenants and agrees to pay, or cause to be paid, as a separate obligation and notwithstanding any judgment, such additional amounts, if any (but in any event not a lesser amount), as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the rate of exchange prevailing on the date of payment, will produce the amount of dollars the Obligation Currency which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial award at the rate of exchange prevailing on the Judgment Currency Conversion Date.
(c) For purposes of determining the dollar equivalent Alternative Currency Equivalent or Dollar Equivalent or rate of the Judgment Currencyexchange for this Section, such amounts shall include any premium and costs payable in connection with the purchase of dollarsthe Obligation Currency.
Appears in 3 contracts
Samples: Credit Agreement (Harsco Corp), Credit Agreement (Harsco Corp), Credit Agreement (Harsco Corp)
Judgment Currency. (a) The Each Loan Party’s obligations hereunder of the Parent Borrower, the Subsidiary Term Borrowers and the Foreign Subsidiary Borrowers and under the other Loan Documents to make payments in dollars Dollars (the “Obligation Currency”) shall not be discharged or satisfied by any tender or recovery pursuant to any judgment expressed in or converted into any currency other than dollarsthe Obligation Currency, except to the extent that such tender or recovery results in the effective receipt by the Administrative Agent, the Collateral Agent or a the respective Lender of the full amount of dollars the Obligation Currency expressed to be payable to the Administrative Agent, the Collateral Agent or such Lender under this Agreement or the other Loan Documents. If, If for the purpose of obtaining or enforcing judgment against the Parent Borrower, any Subsidiary Term Borrower, any Foreign Subsidiary Borrower or any other Loan Party in any court or in any jurisdiction, it becomes necessary to convert into or from any currency other than dollars the Obligation Currency (such other currency being hereinafter referred to as the “Judgment Currency”) an amount due in dollarsthe Obligation Currency, each party hereto agreesthe conversion shall be made, to the fullest extent that it may effectively do so, that at the rate of exchange used shall be that at which(as quoted by a nationally known third party dealer in such currency designated by the Administrative Agent) determined, in accordance with normal banking procedures in the relevant jurisdiction, the first currency could be purchased with such other currencyeach case, as of the date immediately preceding the day on which the judgment is given (such Business Day day being hereinafter referred to as the “Judgment Currency Conversion Date”).
(b) If there is a change in the rate of exchange prevailing between the Judgment Currency Conversion Date and the date of actual payment of the amount due, the Parent Borrower, each Subsidiary Term Borrower and each Foreign Subsidiary Borrower, as the case may be, Loan Party covenants and agrees to pay, or cause to be paid, such additional amounts, if any (but in any event not a lesser amount), as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the rate of exchange prevailing on the date of payment, will produce the amount of dollars the Obligation Currency which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial award at the rate of exchange prevailing on the Judgment Currency Conversion Date.
(c) For purposes of determining the dollar equivalent any rate of the Judgment Currencyexchange for this Section 13.23, such amounts shall include any premium and costs payable in connection with the purchase of dollarsthe Obligation Currency.
Appears in 3 contracts
Samples: Abl Credit Agreement (Pyxus International, Inc.), Abl Credit Agreement (Pyxus International, Inc.), Abl Credit Agreement (Pyxus International, Inc.)
Judgment Currency. (a) The Credit Parties’ obligations hereunder of the Parent Borrower, the Subsidiary Term Borrowers and the Foreign Subsidiary Borrowers and under the other Loan Credit Documents to make payments in dollars the respective Available Currency (the “Obligation Currency”) shall not be discharged or satisfied by any tender or recovery pursuant to any judgment expressed in or converted into any currency other than dollarsthe Obligation Currency, except to the extent that such tender or recovery results in the effective receipt by the Administrative Agent, the Collateral Agent Agent, the respective Issuing Lender or a the respective Lender of the full amount of dollars the Obligation Currency expressed to be payable to the Administrative Agent, the Collateral Agent Agent, such Issuing Lender or such Lender under this Agreement or the other Loan Credit Documents. If, If for the purpose of obtaining or enforcing judgment against the Parent Borrower, any Subsidiary Term Borrower, any Foreign Subsidiary Borrower or any other Loan Credit Party in any court or in any jurisdiction, it becomes necessary to convert into or from any currency other than dollars the Obligation Currency (such other currency being hereinafter referred to as the “Judgment Currency”) an amount due in dollarsthe Obligation Currency, each party hereto agreesthe conversion shall be made, to the fullest extent that it may effectively do so, that at the rate of exchange used shall be that at which(as quoted by the Administrative Agent or if the Administrative Agent does not quote a rate of exchange on such currency, by a known dealer in such currency designated by the Administrative Agent) determined, in accordance with normal banking procedures in the relevant jurisdiction, the first currency could be purchased with such other currencyeach case, as of the date immediately preceding the day on which the judgment is given (such Business Day day being hereinafter referred to as the “Judgment Currency Conversion Date”).
(b) If there is a change in the rate of exchange prevailing between the Judgment Currency Conversion Date and the date of actual payment of the amount due, the Parent Borrower, each Subsidiary Term Borrower and each Foreign Subsidiary Borrower, as the case may be, covenants and agrees to pay, or cause to be paid, such additional amounts, if any (but in any event not a lesser amount), as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the rate of exchange prevailing on the date of payment, will produce the amount of dollars the Obligation Currency which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial award at the rate of or exchange prevailing on the Judgment Currency Conversion Date.
(c) For purposes of determining the dollar equivalent any rate of the Judgment Currencyexchange for this Section, such amounts shall include any premium and costs payable in connection with the purchase of dollarsthe Obligation Currency.
Appears in 3 contracts
Samples: Abl Credit Agreement (Affinia Group Holdings Inc.), Abl Credit Agreement (Affinia Group Intermediate Holdings Inc.), Syndicated Facility Agreement (Acco Brands Corp)
Judgment Currency. (a) The Borrowers’ obligations hereunder of the Parent Borrower, the Subsidiary Term Borrowers and the Foreign Subsidiary Borrowers and under the other Loan Credit Documents to make payments in dollars the applicable Approved Currency (pursuant to such Obligation, the “Obligation Currency”) shall not be discharged or satisfied by any tender or recovery pursuant to any judgment expressed in or converted into any currency other than dollarsthe Obligation Currency, except to the extent that such tender or recovery results in the effective receipt by the Administrative Agent, the Collateral Agent or a the respective Lender of the full amount of dollars the Obligation Currency expressed to be payable to the Administrative Agent, Collateral Agent or such Lender under this Agreement or the other Loan Credit Documents. If, for the purpose of obtaining or enforcing judgment against the Parent Borrower, any Subsidiary Term Borrower, any Foreign Subsidiary Borrower or any other Loan Party each Borrowers in any court or in any jurisdiction, it becomes necessary to convert into or from any currency other than dollars the Obligation Currency (such other currency being hereinafter referred to as the “Judgment Currency”) an amount due in dollarsthe Obligation Currency, each party hereto agreesthe conversion shall be made at the Relevant Currency Equivalent, to and, in the fullest extent that it may effectively do socase of other currencies, that the rate of exchange used shall be that at which(as quoted by the Administrative Agent or if the Administrative Agent does not quote a rate of exchange on such currency, by a known dealer in such currency designated by the Administrative Agent) determined, in accordance with normal banking procedures in the relevant jurisdiction, the first currency could be purchased with such other currencyeach case, as of the date Business Day immediately preceding the day on which the judgment is given (such Business Day being hereinafter referred to as the “Judgment Currency Conversion Date”).
(b) If there is a change in the rate of exchange prevailing between the Judgment Currency Conversion Date and the date of actual payment of the amount due, the Parent Borrower, each Subsidiary Term Borrower Borrowers covenant and each Foreign Subsidiary Borrower, as the case may be, covenants and agrees agree to pay, or cause to be paid, such additional amounts, if any (but in any event not a lesser amount), ) as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the rate of exchange prevailing on the date of payment, will produce the amount of dollars the Obligation Currency which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial award at the rate of exchange prevailing on the Judgment Currency Conversion Date.
(c) For purposes of determining the dollar equivalent Relevant Currency Equivalent or any other rate of the Judgment Currencyexchange for this Section, such amounts shall include any premium and costs payable in connection with the purchase of dollarsthe Obligation Currency.
Appears in 3 contracts
Samples: Credit Agreement (Partnerre LTD), Credit Agreement (Partnerre LTD), Credit Agreement (Partnerre LTD)
Judgment Currency. (a) The Borrowers’ obligations hereunder of the Parent Borrower, the Subsidiary Term Borrowers and the Foreign Subsidiary Borrowers and under the other Loan Documents this Agreement to make payments in dollars Dollars (the “Obligation Currency”) shall not be discharged or satisfied by any tender or recovery pursuant to any judgment expressed in or converted into any currency other than dollarsthe Obligation Currency, except to the extent that such tender or recovery results in the effective receipt by the Administrative Agent, the Collateral Agent or a Lender Lenders of the full amount of dollars the Obligation Currency expressed to be payable to the Administrative Agent, Collateral Agent or Lender Lenders under this Agreement or the other Loan DocumentsAgreement. If, If for the purpose of obtaining or enforcing judgment against the Parent Borrower, any Subsidiary Term Borrower, any Foreign Subsidiary Borrower or any other Loan Party Borrowers in any court or in any jurisdiction, it becomes necessary to convert into or from any currency other than dollars the Obligation Currency (such other currency being hereinafter referred to as the “Judgment Currency”) an amount due in dollarsthe Obligation Currency, each party hereto agrees, to the fullest extent that it may effectively do so, that conversion shall be made at the rate of exchange used shall be that at which(as quoted by the Administrative Agent or if the Administrative Agent does not quote a rate of exchange on such currency, by a known dealer in such currency designated by the Administrative Agent) determined, in accordance with normal banking procedures in the relevant jurisdiction, the first currency could be purchased with such other currencyeach case, as of the date day immediately preceding the day on which the judgment is given (such Business Day business day being hereinafter referred to as the “Judgment Currency Conversion Date”).
(b) If there is a change in the rate of exchange prevailing between the Judgment Currency Conversion Date and the date of actual payment of the amount due, the Parent Borrower, each Subsidiary Term Borrower Borrowers covenant and each Foreign Subsidiary Borrower, as the case may be, covenants and agrees agree to pay, or cause to be paid, such additional amounts, if any (but in any event not a lesser amount), as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the rate of exchange prevailing on the date of payment, will produce the amount of dollars the Obligation Currency which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial award at the rate of exchange prevailing on the Judgment Currency Conversion Date.
(c) For purposes of determining the dollar equivalent any rate of the Judgment Currencyexchange for this Section 13.25, such amounts shall include any premium and costs payable in connection with the purchase of dollarsthe Obligation Currency.
Appears in 3 contracts
Samples: Credit Agreement (Urban Outfitters Inc), Credit Agreement (Urban Outfitters Inc), Credit Agreement (Urban Outfitters Inc)
Judgment Currency. (a) The Credit Parties’ obligations hereunder of the Parent Borrower, the Subsidiary Term Borrowers and the Foreign Subsidiary Borrowers and under the other Loan Credit Documents to make payments in dollars the respective Applicable Currency (the “Obligation Currency”) shall not be discharged or satisfied by any tender or recovery pursuant to any judgment expressed in or converted into any currency other than dollarsthe Obligation Currency, except to the extent that such tender or recovery results in the effective receipt by the Administrative Agent, the Collateral Agent Agent, the respective Issuing Lender or a the respective Lender of the full amount of dollars the Obligation Currency expressed to be payable to the Administrative Agent, the Collateral Agent Agent, such Issuing Lender or such Lender under this Agreement or the other Loan Credit Documents. If, If for the purpose of obtaining or enforcing judgment against the Parent Borrower, any Subsidiary Term Borrower, any Foreign Subsidiary Borrower or any other Loan Credit Party in any court or in any jurisdiction, it becomes necessary to convert into or from any currency other than dollars the Obligation Currency (such other currency being hereinafter referred to as the “Judgment Currency”) an amount due in dollarsthe Obligation Currency, each party hereto agreesthe conversion shall be made, to at the fullest extent that it Canadian Dollar Equivalent or the U.S. Dollar Equivalent thereof, as the case may effectively do sobe, that and, in the case of other currencies, the rate of exchange used shall be that at which(as quoted by the Administrative Agent or if the Administrative Agent does not quote a rate of exchange on such currency, by a known dealer in such currency designated by the Administrative Agent) determined, in accordance with normal banking procedures in the relevant jurisdiction, the first currency could be purchased with such other currencyeach case, as of the date immediately preceding the day on which the judgment is given (such Business Day day being hereinafter referred to as the “Judgment Currency Conversion Date”).
(b) If there is a change in the rate of exchange prevailing between the Judgment Currency Conversion Date and the date of actual payment of the amount due, the Parent due by any Borrower, each Subsidiary Term such Borrower and each Foreign Subsidiary Borrower, as the case may be, covenants and agrees to pay, or cause to be paid, such additional amounts, if any (but in any event not a lesser amount), as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the rate of exchange prevailing on the date of payment, will produce the amount of dollars the Obligation Currency which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial award at the rate of or exchange prevailing on the Judgment Currency Conversion Date.
(c) For purposes of determining the dollar equivalent U.S. Dollar Equivalent or the Canadian Dollar Equivalent or any other rate of the Judgment Currencyexchange for this Section, such amounts shall include any premium and costs payable in connection with the purchase of dollarsthe Obligation Currency. If the amount of the Judgment Currency so purchased exceeds the sum originally due to the Lenders in the Judgment Currency, the Lenders shall, except during the occurrence and continuation of an Event of Default under Sections 11.01 or 11.05 (in which case such excess shall be applied by such Lender to any outstanding Obligations owed to such Lender by any Credit Party), remit such excess to the relevant Borrower.
Appears in 3 contracts
Samples: Credit Agreement (Bway Parent Company, Inc.), Credit Agreement (Phoenix Container, Inc.), Credit Agreement (BWAY Holding CO)
Judgment Currency. (a) The Credit Parties’ obligations hereunder of the Parent Borrower, the Subsidiary Term Borrowers and the Foreign Subsidiary Borrowers and under the other Loan Transaction Documents to make payments in dollars USD (each, for purposes herein, the “Obligation Currency”) shall not be discharged or satisfied by any tender or recovery pursuant to any judgment expressed in or converted into any currency other than dollarsthe Obligation Currency, except to the extent that such tender or recovery results in the effective receipt by the Administrative Agent, the Collateral Agent or a Lender Secured Party entitled thereto of the full amount of dollars the Obligation Currency expressed to be payable to the Administrative Agent, Collateral Agent or Lender it under this Agreement or the other Loan Transaction Documents. If, If for the purpose of obtaining or enforcing judgment against the Parent Borrower, any Subsidiary Term Borrower, any Foreign Subsidiary Borrower or any other Loan Credit Party in any court or in any jurisdiction, it becomes necessary to convert into or from any currency other than dollars the Obligation Currency (such other currency being hereinafter referred to as the “Judgment Currency”) an amount due in dollarsthe Obligation Currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used conversion shall be that made, at which, in accordance with normal banking procedures in the relevant jurisdiction, the first currency could be purchased with such other currency, applicable exchange rate thereof as of the date immediately preceding the day on which the judgment is given (such Business Day day being hereinafter referred to as the “Judgment Currency Conversion Date”).
(b) If there is a change in the rate of exchange prevailing between the Judgment Currency Conversion Date and the date of actual payment of the amount due, the Parent Borrower, each Subsidiary Term Borrower Credit Parties jointly and each Foreign Subsidiary Borrower, as the case may be, covenants severally covenant and agrees agree to pay, or cause to be paid, and each jointly and severally indemnifies the Secured Parties for such additional amounts, if any (but in any event not a lesser amount), as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the rate of exchange prevailing on the date of payment, will produce the amount of dollars which the Obligation Currency that could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial award at the rate of or exchange prevailing on the Judgment Currency Conversion Date. The foregoing indemnity shall constitute a separate and independent obligation of the Credit Parties and shall survive any termination of this Agreement and the other Transaction Documents, and shall continue in full force and effect notwithstanding any such judgment or order as aforesaid.
(c) For purposes of determining the dollar equivalent any rate of the Judgment Currencyexchange for this Section 11.22, such amounts shall include any premium and costs payable in connection with the purchase of dollarsthe Obligation Currency.
Appears in 3 contracts
Samples: Credit Agreement (Blue Owl Technology Finance Corp.), Credit Agreement and Margining Agreement (Blue Owl Technology Income Corp.), Credit Agreement (Owl Rock Technology Income Corp.)
Judgment Currency. (a) The obligations A Borrower’s obligation hereunder of the Parent Borrower, the Subsidiary Term Borrowers and the Foreign Subsidiary Borrowers and under the other Loan Documents to make payments in dollars the applicable Approved Currency (pursuant to such obligation, the “Obligation Currency”) shall not be discharged or satisfied by any tender or recovery pursuant to any judgment expressed in or converted into any currency other than dollarsthe Obligation Currency, except to the extent that such tender or recovery results in the effective receipt by the Administrative Agent, the Collateral Agent or a the respective Lender of the full amount of dollars the Obligation Currency expressed to be payable to the Administrative Agent, Collateral Agent or such Lender under this Agreement or the other Loan Documents. If, for the purpose of obtaining or enforcing judgment against the Parent Borrower, any Subsidiary Term Borrower, any Foreign Subsidiary a Borrower or any other Loan Party in any court or in any jurisdiction, it becomes necessary to convert into or from any currency other than dollars the Obligation Currency (such other currency being hereinafter referred to as the “Judgment Currency”) an amount due in dollarsthe Obligation Currency, each party hereto agreesthe conversion shall be made at the Relevant Currency Equivalent, to and in the fullest extent that it may effectively do socase of other currencies, that the rate of exchange used shall be that at which(as quoted by the Administrative Agent or if the Administrative Agent does not quote a rate of exchange on such currency, by a known dealer in such currency designated by the Administrative Agent) determined, in accordance with normal banking procedures in the relevant jurisdiction, the first currency could be purchased with such other currencyeach case, as of the date Business Day immediately preceding the day on which the judgment is given (such Business Day being hereinafter referred to as the “Judgment Currency Conversion Date”).
(b) If there is a change in the rate of exchange prevailing between the Judgment Currency Conversion Date and the date of actual payment of the amount due, the Parent Borrower, each Subsidiary Term Borrower and each Foreign Subsidiary Borrower, as the case may be, covenants and agrees to pay, or cause to be paid, such additional amounts, if any (but in any event not a lesser amount), ) as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the rate of exchange prevailing on the date of payment, will produce the amount of dollars the Obligation Currency which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial award at the rate of exchange prevailing on the Judgment Currency Conversion Date.
(c) For purposes of determining the dollar equivalent Relevant Currency Equivalent or any other rate of the Judgment Currencyexchange for this Section 10.18, such amounts shall include any premium and costs payable in connection with the purchase of dollarsthe Obligation Currency.
Appears in 3 contracts
Samples: Credit Agreement (KKR Financial Holdings LLC), Credit Agreement (KKR Financial Holdings LLC), Credit Agreement (KKR Financial Holdings LLC)
Judgment Currency. (a) The Each Loan Party’s obligations hereunder of the Parent Borrower, the Subsidiary Term Borrowers and the Foreign Subsidiary Borrowers and under the other Loan Documents to make payments in dollars the applicable Approved Currency (pursuant to such obligation, the “Obligation Currency”) shall not be discharged or satisfied by any tender or recovery pursuant to any judgment expressed in or converted into any currency other than dollarsthe Obligation Currency, except to the extent that such tender or recovery results in the effective receipt by the Administrative Agent, the Collateral Agent or a the respective Lender of the full amount of dollars the Obligation Currency expressed to be payable to the Administrative Agent, the Collateral Agent or such Lender under this Agreement or the other Loan Documents. If, for the purpose of obtaining or enforcing judgment against the Parent Borrower, any Subsidiary Term Borrower, any Foreign Subsidiary Borrower or any other Loan Party in any court or in any jurisdiction, it becomes necessary to convert into or from any currency other than dollars the Obligation Currency (such other currency being hereinafter referred to as the “Judgment Currency”) an amount due in dollarsthe Obligation Currency, each party hereto agreesthe conversion shall be made at the Relevant Currency Equivalent, to and in the fullest extent that it may effectively do socase of other currencies, that the rate of exchange used shall be that at which(as quoted by the Administrative Agent or if the Administrative Agent does not quote a rate of exchange on such currency, by a known dealer in such currency designated by the Administrative Agent) determined, in accordance with normal banking procedures in the relevant jurisdiction, the first currency could be purchased with such other currencyeach case, as of the date Business Day immediately preceding the day on which the judgment is given (such Business Day being hereinafter referred to as the “Judgment Currency Conversion Date”).
(b) If there is a change in the rate of exchange prevailing between the Judgment Currency Conversion Date and the date of actual payment of the amount due, the Parent Borrower, each Subsidiary Term Borrower and each Foreign Subsidiary Borrower, as the case may be, covenants and agrees to applicable Loan Party shall pay, or cause to be paid, the amount necessary such additional amounts, if any (but in any event not a lesser amount), as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the rate of exchange prevailing on the date of payment, will produce the amount of dollars the Obligation Currency which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial award at the rate of exchange prevailing on the Judgment Currency Conversion Date.
(c) For purposes of determining the dollar equivalent Relevant Currency Equivalent or any other rate of the Judgment Currencyexchange for this Section 10.17, such amounts shall include any premium and costs payable in connection with the purchase of dollarsthe Obligation Currency.
Appears in 3 contracts
Samples: Credit Agreement (CSG Systems International Inc), Credit Agreement (CSG Systems International Inc), Credit Agreement (CSG Systems International Inc)
Judgment Currency. (a) The obligations hereunder of the Parent Borrower, the Subsidiary Term Borrowers and the Foreign Subsidiary Borrowers and under the other Loan Documents to make payments in dollars shall not be discharged or satisfied by any tender or recovery pursuant to any judgment expressed in or converted into any currency other than dollars, except to the extent that such tender or recovery results in the effective receipt by the Administrative Agent, the Collateral Agent or a Lender of the full amount of dollars expressed to be payable to the Administrative Agent, Collateral Agent or Lender under this Agreement or the other Loan Documents. If, for the purpose of obtaining or enforcing judgment against the Parent Borrower, any Subsidiary Term Borrower, any Foreign Subsidiary Borrower or any other Loan Party in any court or in any jurisdiction, it becomes necessary to convert into or from any other currency other than dollars (such other currency being hereinafter in this subsection 11.8 referred to as the “Judgment Currency”) an amount due under any Loan Document in dollarsany currency (the “Obligation Currency”) other than the Judgment Currency, each party hereto agrees, to the fullest extent that it may effectively do so, that conversion shall be made at the rate of exchange used shall be that at which, in accordance with normal banking procedures in prevailing on the relevant jurisdiction, the first currency could be purchased with such other currency, as of the date Business Day immediately preceding the day date of actual payment of the amount due, in the case of any proceeding in the courts of the Province of Ontario or in the courts of any other jurisdiction that will give effect to such conversion being made on such date, or the date on which the judgment is given given, in the case of any proceeding in the courts of any other jurisdiction (the applicable date as of which such Business Day conversion is made pursuant to this subsection 11.8 being hereinafter in this subsection 11.8 referred to as the “Judgment Currency Conversion Date”).
(b) If If, in the case of any proceeding in the court of any jurisdiction referred to in subsection 11.8(a), there is a change in the rate of exchange prevailing between the Judgment Currency Conversion Date and the date of actual payment receipt for value of the amount due, the Parent Borrower, each Subsidiary Term Borrower and each Foreign Subsidiary Borrower, as the case may be, covenants and agrees to pay, or cause to be paid, applicable Loan Party shall pay such additional amountsamount (if any, if any (but in any event not a lesser amount), ) as may be necessary to ensure that the amount paid actually received in the Judgment Currency, when converted at the rate of exchange prevailing on the date of payment, will produce the amount of dollars the Obligation Currency which could have been purchased with the amount of the Judgment Currency stipulated in the judgment or judicial award order at the rate of exchange prevailing on the Judgment Currency Conversion Date. Any amount due from any Loan Party under this subsection 11.8(b) shall be due as a separate debt and shall not be affected by judgment being obtained for any other amounts due under or in respect of any of the Loan Documents.
(c) For purposes The term “rate of determining exchange” in this subsection 11.8 means the dollar equivalent rate of exchange at which the U.S. Administrative Agent, on the relevant date at or about 12:00 noon (New York time), would be prepared to sell, in accordance with its normal course foreign currency exchange practices, the Obligation Currency against the Judgment Currency, such amounts shall include any premium and costs payable in connection with the purchase of dollars.
Appears in 3 contracts
Samples: Credit Agreement (RSC Equipment Rental, Inc.), Credit Agreement (RSC Holdings Inc.), Credit Agreement (RSC Equipment Rental, Inc.)
Judgment Currency. (a) The Credit Parties’ obligations hereunder of the Parent Borrower, the Subsidiary Term Borrowers and the Foreign Subsidiary Borrowers and under the other Loan Transaction Documents to make payments in dollars each Specified Currency (each, for purposes herein, the “Obligation Currency”) shall not be discharged or satisfied by any tender or recovery pursuant to any judgment expressed in or converted into any currency other than dollarsthe Obligation Currency, except to the extent that such tender or recovery results in the effective receipt by the Administrative Agent, the Collateral Agent or a Lender Secured Party entitled thereto of the full amount of dollars the Obligation Currency expressed to be payable to the Administrative Agent, Collateral Agent or Lender it under this Agreement or the other Loan Transaction Documents. If, If for the purpose of obtaining or enforcing judgment against the Parent Borrower, any Subsidiary Term Borrower, any Foreign Subsidiary Borrower or any other Loan Credit Party in any court or in any jurisdiction, it becomes necessary to convert into or from any currency other than dollars the Obligation Currency (such other currency being hereinafter referred to as the “Judgment Currency”) an amount due in dollarsthe Obligation Currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used conversion shall be that made, at which, in accordance with normal banking procedures in the relevant jurisdiction, the first currency could be purchased with such other currency, applicable exchange rate thereof as of the date immediately preceding the day on which the judgment is given (such Business Day day being hereinafter referred to as the “Judgment Currency Conversion Date”).
(b) If there is a change in the rate of exchange prevailing between the Judgment Currency Conversion Date and the date of actual payment of the amount due, the Parent Borrower, each Subsidiary Term Borrower Credit Parties jointly and each Foreign Subsidiary Borrower, as the case may be, covenants severally covenant and agrees agree to pay, or cause to be paid, and each jointly and severally indemnifies the Secured Parties for such additional amounts, if any (but in any event not a lesser amount), as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the rate of exchange prevailing on the date of payment, will produce the amount of dollars which the Obligation Currency that could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial award at the rate of or exchange prevailing on the Judgment Currency Conversion Date. The foregoing indemnity shall constitute a separate and independent obligation of the Credit Parties and shall survive any termination of this Agreement and the other Transaction Documents, and shall continue in full force and effect notwithstanding any such judgment or order as aforesaid.
(c) For purposes of determining the dollar equivalent any rate of the Judgment Currencyexchange for this Section 11.22, such amounts shall include any premium and costs payable in connection with the purchase of dollarsthe Obligation Currency.
Appears in 3 contracts
Samples: Credit Agreement (Kennedy Lewis Capital Co), Credit Agreement (Kennedy Lewis Capital Co), Credit Agreement (Apollo Debt Solutions BDC)
Judgment Currency. (a) The obligations hereunder of the Parent Borrower, the Subsidiary Term Borrowers and the Foreign Subsidiary Borrowers Loan Parties hereunder and under the other Loan Documents to make payments in dollars a specified currency (the “Obligation Currency”) shall not be discharged or satisfied by any tender or recovery pursuant to any judgment expressed in or converted into any currency other than dollarsthe Obligation Currency, except to the extent that such tender or recovery results in the effective receipt by the Administrative Agent, the Collateral Agent a relevant L/C Issuer or a Lender of the full amount of dollars the Obligation Currency expressed to be payable to the Administrative Agent, Collateral Agent or Lender it under this Agreement or the other another Loan DocumentsDocument. If, for the purpose of obtaining or enforcing judgment against the Parent Borrower, any Subsidiary Term Borrower, any Foreign Subsidiary Borrower or any other Loan Party in any court or in any jurisdiction, it becomes necessary to convert into or from any currency other than dollars the Obligation Currency (such other currency being hereinafter referred to as the “Judgment Currency”) an amount due in dollarsthe Obligation Currency, each party hereto agreesthe conversion shall be made, to the fullest extent that it may effectively do so, that at the rate of exchange used shall be that at which(as quoted by the Administrative Agent or if the Administrative Agent does not quote a rate of exchange on such currency, by a known dealer in such currency designated by the Administrative Agent) determined, in accordance with normal banking procedures in the relevant jurisdiction, the first currency could be purchased with such other currencyeach case, as of the date Business Day immediately preceding the day date on which the judgment is given (such Business Day being hereinafter referred to as the “Judgment Currency Conversion Date”).
(b) If there is a change in the rate of exchange prevailing between the Judgment Currency Conversion Date and the date of actual payment of the amount due, the Parent Borrower, each Subsidiary Term Borrower and each Foreign Subsidiary Borrower, as the case may be, covenants and agrees to pay, or cause to be paid, or remit, or cause to be remitted, such additional amounts, if any (but in any event not a lesser amount), as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the rate of exchange prevailing on the date of payment, will produce the amount of dollars the Obligation Currency which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial award at the rate of exchange prevailing on the Judgment Currency Conversion Date.
(c) For purposes of determining the dollar any rate of exchange or currency equivalent of the Judgment Currencyfor this Section 13.30, such amounts shall include any premium and costs payable in connection with the purchase of dollarsthe Obligation Currency.
Appears in 3 contracts
Samples: Credit Agreement (Dave & Buster's Entertainment, Inc.), Credit Agreement (Dave & Buster's Entertainment, Inc.), Credit Agreement (Dave & Buster's Entertainment, Inc.)
Judgment Currency. (a) The Borrowers’ obligations hereunder of the Parent Borrower, the Subsidiary Term Borrowers and the Foreign Subsidiary Borrowers and under the other Loan Documents to make payments in dollars a specified currency (the “Obligation Currency”) shall not be discharged or satisfied by any tender or recovery pursuant to any judgment expressed in or converted into any currency other than dollarsthe Obligation Currency, except to the extent that such tender or recovery results in the effective receipt by the Administrative Agent, the Collateral Agent or a Lender or the Issuing Bank of the full amount of dollars the Obligation Currency expressed to be payable to the Administrative Agent, Collateral Agent or such Lender or the Issuing Bank under this Agreement or the other Loan Documents. If, for the purpose of obtaining or enforcing judgment against the Parent Borrower, any Subsidiary Term Borrower, any Foreign Subsidiary Borrower or any other Loan Credit Party in any court or in any jurisdiction, it becomes necessary to convert into or from any currency other than dollars the Obligation Currency (such other currency being hereinafter referred to as the “Judgment Currency”) an amount due in dollarsthe Obligation Currency, each party hereto agreesthe conversion shall be made, to the fullest extent that it may effectively do so, that at the rate of exchange used shall be that at which(as quoted by the Administrative Agent or if the Administrative Agent does not quote a rate of exchange on such currency, by a known dealer in such currency designated by the Administrative Agent) determined, in accordance with normal banking procedures in the relevant jurisdiction, the first currency could be purchased with such other currencyeach case, as of the date Business Day immediately preceding the day date on which the judgment is given (such Business Day being hereinafter referred to as the “Judgment Currency Conversion Date”).
(b) If there is a change in the rate of exchange prevailing between the Judgment Currency Conversion Date and the date of actual payment of the amount due, the Parent Borrower, each Subsidiary Term Borrower Borrowers covenant and each Foreign Subsidiary Borrower, as the case may be, covenants and agrees agree to pay, or cause to be paid, such additional amounts, if any (but in any event not a lesser amount), as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the rate of exchange prevailing on the date of payment, will produce the amount of dollars the Obligation Currency which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial award at the rate of exchange prevailing on the Judgment Currency Conversion Date.
(c) For purposes of determining the dollar any rate of exchange or currency equivalent of the Judgment Currencyfor this Section, such amounts shall include any premium and costs payable in connection with the purchase of dollarsthe Obligation Currency.
Appears in 3 contracts
Samples: Credit Agreement (KKR & Co. L.P.), Credit Agreement (KKR & Co. L.P.), Credit Agreement (KKR & Co. L.P.)
Judgment Currency. (a) The obligations Each Guarantor’s obligation hereunder of the Parent Borrower, the Subsidiary Term Borrowers and the Foreign Subsidiary Borrowers and under the other Loan Documents to make payments in dollars Dollars (pursuant to such obligation, the “Obligation Currency”) shall not be discharged or satisfied by any tender or recovery pursuant to any judgment expressed in or converted into any currency other than dollarsthe Obligation Currency, except to the extent that such tender or recovery results in the effective receipt by the Administrative Agent, the Collateral Agent or a the respective Lender of the full amount of dollars the Obligation Currency expressed to be payable to the Administrative Agent, Collateral Agent or such Lender under this Agreement Guaranty or the other Loan Documents. If, for the purpose of obtaining or enforcing judgment against the Parent Borrower, any Subsidiary Term Borrower, any Foreign Subsidiary Borrower or any other Loan Party a Guarantor in any court or in any jurisdiction, it becomes necessary to convert into or from any currency other than dollars the Obligation Currency (such other currency being hereinafter referred to as the “Judgment Currency”) an amount due in dollarsthe Obligation Currency, each party hereto agrees, to the fullest extent that it may effectively do so, that conversion shall be made at the rate of exchange used shall be that at which(as quoted by the Administrative Agent or if the Administrative Agent does not quote a rate of exchange on such currency, by a known dealer in such currency designated by the Administrative Agent) determined, in accordance with normal banking procedures in the relevant jurisdiction, the first currency could be purchased with such other currencyeach case, as of the date Business Day immediately preceding the day on which the judgment is given (such Business Day being hereinafter referred to as the “Judgment Currency Conversion Date”).
(b) If there is a change in the rate of exchange prevailing between the Judgment Currency Conversion Date and the date of actual payment of the amount due, the Parent Borrower, each Subsidiary Term Borrower and each Foreign Subsidiary Borrower, as the case may be, Guarantor covenants and agrees to pay, or cause to be paid, such additional amounts, if any (but in any event not a lesser amount), ) as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the rate of exchange prevailing on the date of payment, will produce the amount of dollars the Obligation Currency which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial award at the rate of exchange prevailing on the Judgment Currency Conversion Date.
(c) For purposes of determining the dollar equivalent rate of the Judgment Currencyexchange for this Section, such amounts shall include any premium and costs payable in connection with the purchase of dollarsthe Obligation Currency.
Appears in 2 contracts
Samples: Guaranty Agreement (Gentiva Health Services Inc), Guaranty Agreement (Gentiva Health Services Inc)
Judgment Currency. (a) The obligations hereunder of the Parent Borrower, the Subsidiary Term Borrowers and the Foreign Subsidiary Borrowers and under the other Loan Documents to make payments in dollars or in the Foreign Currencies, as the case may be, (the “Obligation Currency”) shall not be discharged or satisfied by any tender or recovery pursuant to any judgment expressed in or converted into any currency other than dollarsthe Obligation Currency, except to the extent that such tender or recovery results in the effective receipt by the Administrative Agent, the Collateral Agent or a Lender of the full amount of dollars the Obligation Currency expressed to be payable to the Administrative Agent, Collateral Agent or Lender under this Agreement or the other Loan Documents. If, for the purpose of obtaining or enforcing judgment against the Parent Borrower, any Subsidiary Term Borrower, any Foreign Subsidiary Borrower or any other Loan Party in any court or in any jurisdiction, it becomes necessary to convert into or from any currency other than dollars the Obligation Currency (such other currency being hereinafter referred to as the “Judgment Currency”) an amount due in dollarsthe Obligation Currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used conversion shall be that made, at whichthe Dollar Equivalent of such amount, in accordance with normal banking procedures in the relevant jurisdiction, the first currency could be purchased with such other currencyeach case, as of the date immediately preceding the day on which the judgment is given (such Business Day being hereinafter referred to as the “Judgment Currency Conversion Date”).
(b) If there is a change in the rate of exchange prevailing between the Judgment Currency Conversion Date and the date of actual payment of the amount due, the Parent Borrower, each Subsidiary Term Borrower and each Foreign Subsidiary Borrower, as the case may be, covenants and agrees to pay, or cause to be paid, such additional amounts, if any (but in any event not a lesser amount), as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the rate of exchange prevailing on the date of payment, will produce the amount of dollars the Obligation Currency which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial award at the rate of exchange prevailing on the Judgment Currency Conversion Date.
(c) For purposes of determining the dollar equivalent of the Judgment CurrencyDollar Equivalent, such amounts shall include any premium and costs payable in connection with the purchase of dollarsthe Obligation Currency.
Appears in 2 contracts
Samples: Credit Agreement (Trimas Corp), Credit Agreement (Trimas Corp)
Judgment Currency. (a) The obligations Each Borrower’s obligation hereunder of the Parent Borrower, the Subsidiary Term Borrowers and the Foreign Subsidiary Borrowers and under the other Loan Documents to make payments in dollars the applicable Approved Currency (pursuant to such obligation, the “Obligation Currency”) shall not be discharged or satisfied by any tender or recovery pursuant to any judgment expressed in or converted into any currency other than dollarsthe Obligation Currency, except to the extent that such tender or recovery results in the effective receipt by the Administrative Agent, the Collateral Facility Agent or a the respective Lender of the full amount of dollars the Obligation Currency expressed to be payable to the Administrative Agent, Collateral Facility Agent or such Lender under this Agreement or the other Loan Documents. If, for the purpose of obtaining or enforcing judgment against the Parent Borrower, any Subsidiary Term Borrower, any Foreign Subsidiary Borrower or any other Loan Party in any court or in any jurisdiction, it becomes necessary to convert into or from any currency other than dollars the Obligation Currency (such other currency being hereinafter referred to as the “Judgment Currency”) an amount due in dollarsthe Obligation Currency, each party hereto agrees, to the fullest extent that it may effectively do so, that conversion shall be made at the rate of exchange used shall be that at which(as quoted by the Facility Agent or if the Facility Agent does not quote a rate of exchange on such currency, by a known dealer in such currency designated by the Facility Agent) determined, in accordance with normal banking procedures in the relevant jurisdiction, the first currency could be purchased with such other currencyeach case, as of the date Business Day immediately preceding the day on which the judgment is given (such Business Day being hereinafter referred to as the “Judgment Currency Conversion Date”).
(b) If there is a change in the rate of exchange prevailing between the Judgment Currency Conversion Date and the date of actual payment of the amount due, the Parent Borrower, each Subsidiary Term Borrower Borrowers covenant and each Foreign Subsidiary Borrower, as the case may be, covenants and agrees agree to pay, or cause to be paid, such additional amounts, if any (but in any event not a lesser amount), ) as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the rate of exchange prevailing on the date of payment, will produce the amount of dollars the Obligation Currency which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial award at the rate of exchange prevailing on the Judgment Currency Conversion Date.
(c) For purposes of determining the dollar equivalent rate of the Judgment Currencyexchange for this Section 10.16, such amounts shall include any premium and costs payable in connection with the purchase of dollarsthe Obligation Currency.
Appears in 2 contracts
Samples: Facility Agreement, Facility Agreement (Equinix Inc)
Judgment Currency. (a) The obligations hereunder of the Parent Borrower, the Subsidiary Term Borrowers and the Foreign Subsidiary Borrowers and under the other Loan Documents of the Borrower to make payments in dollars Dollars (the “Obligation Currency”), shall not be discharged or satisfied by any tender or recovery pursuant to any judgment expressed in or converted into any currency other than dollarsthe Obligation Currency, except to the extent that such tender or recovery results in the effective receipt by the Administrative Agent, the Collateral Agent or a Lender of the full amount of dollars the Obligation Currency expressed to be payable to the Administrative Agent, Collateral Agent or such Lender under this Agreement or the other Loan Documents. If, for the purpose of obtaining or enforcing judgment against the Parent Borrower, any Subsidiary Term Borrower, any Foreign Subsidiary Borrower or any other Loan Party in any court or in any jurisdiction, it becomes necessary to convert into or from any currency other than dollars the Obligation Currency (such other currency being hereinafter referred to as the “Judgment Currency”) an amount due in dollarsthe Obligation Currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used conversion shall be that made, at whichthe Dollar Equivalent of such amount, in accordance with normal banking procedures in the relevant jurisdiction, the first currency could be purchased with such other currencyeach case, as of the date immediately preceding the day on which the judgment is given (such Business Day being hereinafter referred to as the “Judgment Currency Conversion Date”).
(b) If there is a change in the rate of exchange prevailing between the Judgment Currency Conversion Date and the date of actual payment of the amount due, the Parent Borrower, each Subsidiary Term Borrower and each Foreign Subsidiary Borrower, as the case may be, obligated in respect thereof covenants and agrees to pay, or cause to be paid, such additional amounts, if any (but in any event not a lesser amount), as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the rate of exchange prevailing on the date of payment, will produce the amount of dollars the Obligation Currency which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial award at the rate of exchange prevailing on the Judgment Currency Conversion Date.
(c) For purposes of determining the dollar equivalent of the Judgment CurrencyDollar Equivalent under this Section, such amounts shall include any premium and costs payable in connection with the purchase of dollarsthe Obligation Currency.
Appears in 2 contracts
Samples: Credit Agreement (Kimco Realty Corp), Credit Agreement (Kimco Realty Corp)
Judgment Currency. (a) The Credit Parties’ obligations hereunder of the Parent Borrower, the Subsidiary Term Borrowers and the Foreign Subsidiary Borrowers and under the other Loan Credit Documents to make payments in dollars the respective Applicable Currency (the “Obligation Currency”) shall not be discharged or satisfied by any tender or recovery pursuant to any judgment expressed in or converted into any currency other than dollarsthe Obligation Currency, except to the extent that such tender or recovery results in the effective receipt by the Administrative Agent, the Collateral Agent or a the respective Lender of the full amount of dollars the Obligation Currency expressed to be payable to the Administrative Agent, Collateral Agent or such Lender under this Agreement or the other Loan Credit Documents. If, If for the purpose of obtaining or enforcing judgment against the Parent Borrower, any Subsidiary Term Borrower, any Foreign Subsidiary Borrower or any other Loan Credit Party in any court or in any jurisdiction, it becomes necessary to convert into or from any currency other than dollars the Obligation Currency (such other currency being hereinafter referred to as the “Judgment Currency”) an amount due in dollarsthe Obligation Currency, each party hereto agreesthe conversion shall be made, to at the fullest extent that it Alternate Currency Equivalent or the Dollar Equivalent thereof, as the case may effectively do sobe, that and, in the case of other currencies, the rate of exchange used shall be that at which(as quoted by the Person acting as the Administrative Agent or if the Person acting as the Administrative Agent does not quote a rate of exchange on such currency, by a known dealer in such currency designated by the Administrative Agent) determined, in accordance with normal banking procedures in the relevant jurisdiction, the first currency could be purchased with such other currencyeach case, as of the date immediately preceding the day on which the judgment is given (such Business Day being hereinafter referred to as the “Judgment Currency Conversion Date”).
(b) If there is a change in the rate of exchange prevailing between the Judgment Currency Conversion Date and the date of actual payment of the amount due, the Parent Borrower, each Subsidiary Term Borrower Borrowers covenant and each Foreign Subsidiary Borrower, as the case may be, covenants and agrees agree to pay, or cause to be paid, such additional amounts, if any (but in any event not a lesser amount), ) as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the rate of exchange prevailing on the date of payment, will produce the amount of dollars the Obligation Currency which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial award at the rate of or exchange prevailing on the Judgment Currency Conversion Date.
(c) For purposes of determining the dollar equivalent Alternate Currency Equivalent or the Dollar Equivalent or any other rate of the Judgment Currencyexchange for this Section, such amounts shall include any premium and costs payable in connection with the purchase of dollarsthe Obligation Currency.
Appears in 2 contracts
Samples: Credit Agreement (Starwood Hotel & Resorts Worldwide, Inc), Credit Agreement (Starwood Hotel & Resorts Worldwide, Inc)
Judgment Currency. (a) The Borrower’s obligations hereunder of the Parent Borrower, the Subsidiary Term Borrowers and the Foreign Subsidiary Borrowers Borrower’s and Intermediate Holdings’s obligations under the other Loan Documents to make payments in dollars (the “Obligation Currency”) shall not be discharged or satisfied by any tender or recovery pursuant to any judgment expressed in or converted into any currency other than dollarsthe Obligation Currency, except to the extent that such tender or recovery results in the effective receipt by the Administrative Agent, the Collateral Agent or a Lender of the full amount of dollars the Obligation Currency expressed to be payable to the Administrative Agent, Collateral Agent or such Lender under this Agreement or the other Loan Documents. If, for the purpose of obtaining or enforcing judgment against the Parent Borrower, any Subsidiary Term Borrower, any Foreign Subsidiary Borrower or any other Loan Party Intermediate Holdings in any court or in any jurisdiction, it becomes necessary to convert into or from any currency other than dollars the Obligation Currency (such other currency being hereinafter referred to as the “Judgment Currency”) an amount due in dollarsthe Obligation Currency, each party hereto agreesthe conversion shall be made, to the fullest extent that it may effectively do so, that at the rate of exchange used shall be that at which(as quoted by the Administrative Agent or, if the Administrative Agent does not quote a rate of exchange on such currency, by a known dealer in such currency designated by the Administrative Agent) determined, in accordance with normal banking procedures in the relevant jurisdiction, the first currency could be purchased with such other currencyeach case, as of the date immediately preceding the day on which the judgment is given (such Business Day being hereinafter referred to as the “Judgment Currency Conversion Date”).
(b) If there is a change in the rate of exchange prevailing between the Judgment Currency Conversion Date and the date of actual payment of the amount due, the Parent Borrower, each Subsidiary Term Borrower and each Foreign Subsidiary Borrower, as the case may be, covenants and agrees to pay, or cause to be paid, such additional amounts, if any (but in any event not a lesser amount), as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the rate of exchange prevailing on the date of payment, will produce the amount of dollars which the Obligation Currency that could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial award at the rate of exchange prevailing on the Judgment Currency Conversion Date.
(c) For purposes of determining the dollar equivalent rate of the Judgment Currencyexchange for this Section 9.14, such amounts shall include any premium and costs payable in connection with the purchase of dollarsthe Obligation Currency.
Appears in 2 contracts
Samples: Credit Agreement (Seagate Technology), Credit Agreement (Seagate Technology)
Judgment Currency. (a) The obligations hereunder of the Parent Borrower, the Subsidiary Term Borrowers and the Foreign Subsidiary Borrowers and under the other Loan Documents each Guarantor to make payments in dollars Dollars or in an Alternative Currency, as the case may be (the “Obligation Currency”), shall not be discharged or satisfied by any tender or recovery pursuant to any judgment expressed in or converted into any currency other than dollarsthe Obligation Currency, except to the extent that such tender or recovery results in the effective receipt by the Administrative Agent, the Collateral Agent or a Lender of the full amount of dollars the Obligation Currency expressed to be payable to the Administrative Agent, Collateral Agent or such Lender under this Agreement or the other Loan DocumentsCredit Agreement. If, for the purpose of obtaining or enforcing judgment against the Parent Borrower, any Subsidiary Term Borrower, any Foreign Subsidiary Borrower or any other Loan Party in any court or a Guarantor in any jurisdiction, it becomes necessary to convert into or from any currency other than dollars the Obligation Currency (such other currency being hereinafter thereinafter referred to as the “Judgment Currency”) an amount due in dollarsthe Obligation Currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used conversion shall be that made, at which, in accordance with normal banking procedures in the relevant jurisdiction, the first currency could be purchased with Currency Equivalent of such other currencyamount, as of the date immediately preceding the day on which the judgment is given (such Business Day being hereinafter referred to as the “Judgment Currency Conversion Date”).
(b) If there is a change in the rate of exchange prevailing between the Judgment Currency Conversion Date and the date of actual payment of the amount due, the Parent Borrower, each Subsidiary Term Borrower and each Foreign Subsidiary Borrower, as the case may be, Guarantor covenants and agrees to pay, or cause to be paid, such additional amounts, if any (but in any event not a lesser amount), as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the rate of exchange prevailing on the date of payment, will produce the amount of dollars the Obligation Currency which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial award at the rate of exchange prevailing on the Judgment Currency Conversion Date.
(c) For purposes of determining the dollar equivalent of the Judgment CurrencyCurrency Equivalent under this Section 4.11, such amounts shall include any premium and costs payable in connection with the purchase of dollarsthe Obligation Currency.
Appears in 2 contracts
Samples: Guarantee Agreement (American Axle & Manufacturing Holdings Inc), Guarantee Agreement (American Axle & Manufacturing Holdings Inc)
Judgment Currency. (a) The obligations Each Borrower’s obligation hereunder of the Parent Borrower, the Subsidiary Term Borrowers and the Foreign Subsidiary Borrowers and under the other Loan Documents to make payments in dollars the applicable Approved Currency (pursuant to such obligation, the “Obligation Currency”) shall not be discharged or satisfied by any tender or recovery pursuant to any judgment expressed in or converted into any currency other than dollarsthe Obligation Currency, except to the extent that such tender or recovery results in the effective receipt by the applicable Administrative Agent, the Collateral Agent or a the respective Lender of the full amount of dollars the Obligation Currency expressed to be payable to the such Administrative Agent, Collateral Agent or such Lender under this Agreement or the other Loan Documents. If, for the purpose of obtaining or enforcing judgment against the Parent Borrower, any Subsidiary Term Borrower, any Foreign Subsidiary a Borrower or any other Loan Party in any court or in any jurisdiction, it becomes necessary to convert into or from any currency other than dollars the Obligation Currency (such other currency being hereinafter referred to as the “Judgment Currency”) an amount due in dollarsthe Obligation Currency, each party hereto agreesthe conversion shall be made at the Dollar Equivalent, to and in the fullest extent that it may effectively do socase of other currencies, that the rate of exchange used shall be that at which(as quoted by the applicable Administrative Agent or if such Administrative Agent does not quote a rate of exchange on such currency, by a known dealer in such currency designated by such Administrative Agent) determined, in accordance with normal banking procedures in the relevant jurisdiction, the first currency could be purchased with such other currencyeach case, as of the date Business Day immediately preceding the day on which the judgment is given (such Business Day being hereinafter referred to as the “Judgment Currency Conversion Date”).
(b) If there is a change in the rate of exchange prevailing between the Judgment Currency Conversion Date and the date of actual payment of the amount due, the Parent Borrower, each Subsidiary Term Borrower and each Foreign Subsidiary Borrower, as the case may be, covenants and agrees to pay, or cause to be paid, such additional amounts, if any (but in any event not a lesser amount), ) as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the rate of exchange prevailing on the date of payment, will produce the amount of dollars the Obligation Currency which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial award at the rate of exchange prevailing on the Judgment Currency Conversion Date.
(c) For purposes of determining the dollar equivalent Dollar Equivalent or any other rate of the Judgment Currencyexchange for this Section 10.18, such amounts shall include any premium and costs payable in connection with the purchase of dollarsthe Obligation Currency.
Appears in 2 contracts
Samples: Credit Agreement (SGS International, Inc.), Credit Agreement (Southern Graphic Systems, Inc.)
Judgment Currency. (a) The Maker's obligations hereunder of the Parent Borrower, the Subsidiary Term Borrowers and the Foreign Subsidiary Borrowers and under the other Loan Documents to make payments in dollars U.S. Dollars (each, for purposes herein, the "Obligation Currency") shall not be discharged or satisfied by any tender or recovery pursuant to any judgment expressed in or converted into any currency other than dollarsthe Obligation Currency, except to the extent that such tender or recovery results in the effective receipt by the Administrative Agent, the Collateral Agent or a Lender Payee entitled thereto of the full amount of dollars the Obligation Currency expressed to be payable to the Administrative Agent, Collateral Agent or Lender it under this Agreement or the other Loan DocumentsSubordinated Note. If, If for the purpose of obtaining or enforcing judgment against the Parent Borrower, any Subsidiary Term Borrower, any Foreign Subsidiary Borrower or any other Loan Party Maker in any court or in any jurisdiction, it becomes necessary to convert into or from any currency other than dollars the Obligation Currency (such other currency being hereinafter referred to as the “"Judgment Currency”") an amount due in dollarsthe Obligation Currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used conversion shall be that made, at which, in accordance with normal banking procedures in the relevant jurisdiction, the first currency could be purchased with such other currency, applicable exchange rate thereof as of the date immediately preceding the day on which the judgment is given (such Business Day day being hereinafter referred to as the “"Judgment Currency Conversion Date”").
(b) If there is a change in the rate of exchange prevailing between the Judgment Currency Conversion Date and the date of actual payment of the amount due, the Parent Borrower, each Subsidiary Term Borrower and each Foreign Subsidiary Borrower, as the case may be, Maker covenants and agrees to pay, or cause to be paid, and indemnifies the Payee for such additional amounts, if any (but in any event not a lesser amount), as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the rate of exchange prevailing on the date of payment, will produce the amount of dollars which the Obligation Currency that could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial award at the rate of or exchange prevailing on the Judgment Currency Conversion Date. The foregoing indemnity shall constitute a separate and independent obligation of the Maker and shall survive any termination of this Subordinated Note, and shall continue in full force and effect notwithstanding any such judgment or order as aforesaid.
(c) For purposes of determining the dollar equivalent any rate of the Judgment Currencyexchange for this Section 7, such amounts shall include any premium and costs payable in connection with the purchase of dollarsthe Obligation Currency.
Appears in 2 contracts
Samples: Subordinated Note (Fusion Connect, Inc.), Subordinated Note (Fusion Telecommunications International Inc)
Judgment Currency. (a) The obligations Each Loan Party’s obligation hereunder of the Parent Borrower, the Subsidiary Term Borrowers and the Foreign Subsidiary Borrowers and under the other Loan Documents to which it is a party to make payments in dollars US Dollars (pursuant to such obligation, the “Obligation Currency”) shall not be discharged or satisfied by any tender or recovery pursuant to any judgment expressed in or converted into any currency other than dollarsthe Obligation Currency, except to the extent that such tender or recovery results in the effective receipt by the Administrative Agent, the Collateral Agent or a any other respective Lender of the full amount of dollars the Obligation Currency expressed to be payable to the Administrative Agent, Collateral Agent or such other Lender under this Agreement or the other Loan Documents. If, for the purpose of obtaining or enforcing judgment against the Parent Borrower, any Subsidiary Term Borrower, any Foreign Subsidiary Borrower or any other Loan Party in any court or in any jurisdiction, it becomes necessary to convert into or from any currency other than dollars the Obligation Currency (such other currency being hereinafter referred to as the “Judgment Currency”) an amount due in dollarsthe Obligation Currency, each party hereto agreesthe conversion shall be made (i) with respect to Obligations, to at the fullest extent that it may effectively do soDollar Equivalent (as defined below), that and (ii) in the case of currencies other than US Dollars, at the rate of exchange used shall be that at which(as quoted by the Administrative Agent or if the Administrative Agent does not quote a rate of exchange on such currency, by a known dealer in such currency designated by the Administrative Agent) determined, in accordance with normal banking procedures in the relevant jurisdiction, the first currency could be purchased with such other currencyeach case, as of the date Business Day immediately preceding the day on which the judgment is given (such Business Day as applicable, being hereinafter referred to as the “Judgment Currency Conversion Date”).
(b) If there is a change in the rate of exchange prevailing between the Judgment Currency Conversion Date and the date of actual payment of the amount due, the Parent Borrower, each Subsidiary Term Borrower and each Foreign Subsidiary Borrower, as the case may be, Loan Party covenants and agrees to pay, or cause to be paid, such additional amounts, if any (but in any event not a lesser amount), ) as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the rate of exchange prevailing on the date of payment, will produce the amount of dollars the Obligation Currency which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial award at the rate of exchange prevailing on the Judgment Currency Conversion Date.
(c) For the purposes of determining this Agreement, “Dollar Equivalent” shall mean, as to any amount denominated in a currency other than the dollar equivalent Obligation Currency as of any date of determination, the Judgment Currency, amount of dollars that would be required to purchase the amount of such amounts shall include any premium and costs payable other currency based upon the spot selling rate at which the Administrative Agent offers to sell such other currency for dollars in connection with the purchase of dollarsLondon foreign exchange market at approximately 11:00 a.m. London time on such date for delivery two (2) Business Days later.
Appears in 2 contracts
Samples: Term Loan Agreement (Nabors Industries LTD), Term Loan Agreement (Nabors Industries LTD)
Judgment Currency. (a) The obligations Borrower’s obligation hereunder of the Parent Borrower, the Subsidiary Term Borrowers and the Foreign Subsidiary Borrowers and under the other Loan Documents to make payments in dollars the applicable Approved Currency (pursuant to such obligation, the “Obligation Currency”) shall not be discharged or satisfied by any tender or recovery pursuant to any judgment expressed in or converted into any currency other than dollarsthe Obligation Currency, except to the extent that such tender or recovery results in the effective receipt by the Administrative Agent, the Collateral Agent or a the respective Lender of the full amount of dollars the Obligation Currency expressed to be payable to the Administrative Agent, Collateral Agent or such Lender under this Agreement or the other Loan Documents. If, for the purpose of obtaining or enforcing judgment against the Parent Borrower, any Subsidiary Term Borrower, any Foreign Subsidiary Borrower or any other Loan Party in any court or in any jurisdiction, it becomes necessary to convert into or from any currency other than dollars the Obligation Currency (such other currency being hereinafter referred to as the “Judgment Currency”) an amount due in dollarsthe Obligation Currency, each party hereto agreesthe conversion shall be made at the Relevant Currency Equivalent, to and in the fullest extent that it may effectively do socase of other currencies, that the rate of exchange used shall be that at which(as quoted by the Administrative Agent or if the Administrative Agent does not quote a rate of exchange on such currency, by a known dealer in such currency designated by the Administrative Agent) determined, in accordance with normal banking procedures in the relevant jurisdiction, the first currency could be purchased with such other currencyeach case, as of the date Business Day immediately preceding the day on which the judgment is given (such Business Day being hereinafter referred to as the “Judgment Currency Conversion Date”).
(b) If there is a change in the rate of exchange prevailing between the Judgment Currency Conversion Date and the date of actual payment of the amount due, the Parent Borrower, each Subsidiary Term Borrower and each Foreign Subsidiary Borrower, as the case may be, covenants and agrees to shall pay, or cause to be paid, the amount necessary such additional amounts, if any (but in any event not a lesser amount), as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the rate of exchange prevailing on the date of payment, will produce the amount of dollars the Obligation Currency which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial award at the rate of exchange prevailing on the Judgment Currency Conversion DateDate .
(c) For purposes of determining the dollar equivalent Relevant Currency Equivalent or any other rate of the Judgment Currencyexchange for this Section 10.17, such amounts shall include any premium and costs payable in connection with the purchase of dollarsthe Obligation Currency.
Appears in 2 contracts
Samples: Credit Agreement (CSG Systems International Inc), Credit Agreement (CSG Systems International Inc)
Judgment Currency. (a) The obligations Each Borrower’s obligation hereunder of the Parent Borrower, the Subsidiary Term Borrowers and the Foreign Subsidiary Borrowers and under the other Loan Documents to make payments in dollars any applicable currency (the “Obligation Currency”) shall not be discharged or satisfied by any tender or recovery pursuant to any judgment expressed in or converted into any currency other than dollarsthe Obligation Currency, except to the extent that such tender or recovery results in the effective receipt by the Administrative Agent, the Collateral Agent or a the respective Lender of the full amount of dollars the Obligation Currency expressed to be payable to the Administrative Agent, Collateral Agent or such Lender under this Agreement or the any other Loan Documents. If, for the purpose of obtaining or enforcing judgment against the Parent Borrower, any Subsidiary Term Borrower, any Foreign Subsidiary Borrower or any other Loan Party Parties in any court or in any jurisdiction, it becomes necessary to convert into or from any currency other than dollars the Obligation Currency (such other currency being hereinafter referred to as the “Judgment Currency”) an amount due in dollarsthe Obligation Currency, each party hereto agrees, to the fullest extent that it may effectively do so, that conversion shall be made at the rate of exchange used shall be that at whichon the applicable currency (as quoted by the Administrative Agent or if the Administrative Agent does not quote a rate of exchange on such currency, by a known dealer in such currency designated by the Administrative Agent (the “Spot Currency Exchange Rate”)) determined, in accordance with normal banking procedures in the relevant jurisdiction, the first currency could be purchased with such other currencyeach case, as of the date Business Day immediately preceding the day on which the judgment is given (such Business Day being hereinafter referred to as the “Judgment Currency Conversion Date”).
(b) If there is a change in the rate of exchange prevailing between the Judgment Currency Conversion Date and the date of actual payment of the amount due, the Parent Borrower, each Subsidiary Term Borrower and each Foreign Subsidiary Borrower, as the case may be, covenants and agrees to pay, or cause to be paid, such additional amounts, if any (but in any event not a lesser amount), ) as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the rate of exchange prevailing on the date of payment, will produce the amount of dollars the Obligation Currency which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial award at the rate of exchange prevailing on the Judgment Currency Conversion Date.
(c) For purposes of determining the dollar equivalent any other rate of the Judgment Currencyexchange for this Section 11.19, such amounts shall include any premium and costs payable in connection with the purchase of dollarsthe Obligation Currency.
Appears in 2 contracts
Samples: Credit Agreement (Dollar Financial Corp), Credit Agreement (Dollar Financial Corp)
Judgment Currency. (a) The obligations hereunder of the Parent Borrower, the Subsidiary Term Borrowers and the Foreign Subsidiary Borrowers Loan Parties hereunder and under the other Loan Documents to make payments in dollars a specified currency (the “Obligation Currency”) shall not be discharged or satisfied by any tender or recovery pursuant to any judgment expressed in or converted into any currency other than dollarsthe Obligation Currency, except to the extent that such tender or recovery results in the effective receipt by the Administrative Agent, the Collateral Agent or a Lender Finance Party of the full amount of dollars the Obligation Currency expressed to be payable to the Administrative Agent, Collateral Agent or Lender it under this Agreement or the other another Loan DocumentsDocument. If, for the purpose of obtaining or enforcing judgment against the Parent Borrower, any Subsidiary Term Borrower, any Foreign Subsidiary Borrower or any other Loan Party in any court or in any jurisdiction, it becomes necessary to convert into or from any currency other than dollars the Obligation Currency (such other currency being hereinafter referred to as the “Judgment Currency”) an amount due in dollarsthe Obligation Currency, each party hereto agreesthe conversion shall be made, to the fullest extent that it may effectively do so, that at the rate of exchange used shall be that at which(as reasonably quoted by the Administrative Agent or if the Administrative Agent does not quote a rate of exchange on such currency, by a known dealer in such currency reasonably designated by the Administrative Agent) determined, in accordance with normal banking procedures in the relevant jurisdiction, the first currency could be purchased with such other currencyeach case, as of the date Business Day immediately preceding the day date on which the judgment is given (such Business Day being hereinafter referred to as the “Judgment Currency Conversion Date”).
(b) If there is a change in the rate of exchange prevailing between the Judgment Currency Conversion Date and the date of actual payment of the amount due, the Parent Borrower, each Subsidiary Term Borrower Borrowers jointly and each Foreign Subsidiary Borrower, as the case may be, covenants severally covenant and agrees agree to pay, or cause to be paid, or remit, or cause to be remitted, such additional amounts, if any (but in any event not a lesser amount), as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the rate of exchange prevailing on the date of payment, will produce the amount of dollars the Obligation Currency which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial award at the rate of exchange prevailing on the Judgment Currency Conversion Date.
(c) For purposes of determining the dollar any rate of exchange or currency equivalent of the Judgment Currencyfor this Section 10.19, such amounts shall include any premium and costs payable in connection with the purchase of dollarsthe Obligation Currency.
Appears in 2 contracts
Samples: Credit Agreement (Masonite International Corp), Credit Agreement (Masonite International Corp)
Judgment Currency. (a) The Credit Parties’ obligations hereunder of the Parent Borrower, the Subsidiary Term Borrowers and the Foreign Subsidiary Borrowers and under the other Loan Credit Documents to make payments in dollars any currency (the “Obligation Currency”) shall not be discharged or satisfied by any tender or recovery pursuant to to’ any judgment expressed in or converted into any currency other than dollarsthe Obligation Currency, except to the extent that such tender or recovery results in the effective receipt by the Administrative Agent, the Collateral any Agent or a the respective Lender of the full amount of dollars the Obligation Currency expressed to be payable to the Administrative Agent, Collateral such Agent or such Lender under this Agreement or the other Loan Credit Documents. If, If for the purpose of obtaining or enforcing judgment against the Parent Borrower, any Subsidiary Term Borrower, any Foreign Subsidiary Borrower or any other Loan Credit Party in any court or in any jurisdiction, it becomes necessary to convert into or from any currency other than dollars the Obligation Currency (such other currency being hereinafter referred to as the “Judgment Currency”) an amount due in dollarsthe Obligation Currency, each party hereto agrees, to the fullest extent that it may effectively do so, that conversion shall be made at the rate of exchange used shall be that at which(as quoted by the Administrative Agent or if the Administrative Agent does not quote a rate of exchange on such currency, by a known dealer in such currency designated by the Administrative Agent) determined, in accordance with normal banking procedures in the relevant jurisdiction, the first currency could be purchased with such other currencyeach case, as of the date immediately preceding the day on which the judgment is given (such Business Day day being hereinafter referred to as the “Judgment Currency Conversion Date”).,
(b) If there is a change in the rate of exchange prevailing between the Judgment Currency Conversion Date and the date of actual payment of the amount due, the Parent Borrower, each Subsidiary Term Borrower and each Foreign Subsidiary Borrower, as the case may be, covenants and agrees to pay, or cause to be paid, such additional amounts, if any (but in any event not a lesser amount), as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the rate of exchange prevailing on the date of payment, will produce the amount of dollars the Obligation Currency which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial award at the rate of or exchange prevailing on the Judgment Currency Conversion Date.
(c) For purposes of determining the dollar equivalent any rate of the Judgment Currencyexchange for this Section, such amounts shall include any premium and costs payable in connection with the purchase of dollarsthe Obligation Currency.
Appears in 2 contracts
Samples: Credit Agreement (Aleris Ohio Management, Inc.), Credit Agreement (Aleris Ohio Management, Inc.)
Judgment Currency. (a) The Borrowers' obligations hereunder of the Parent Borrower, the Subsidiary Term Borrowers and the Foreign Subsidiary Borrowers and under the other Loan Documents to make payments in dollars the applicable Approved Currency (the "Obligation Currency") shall not be discharged or satisfied by any tender or recovery pursuant to any judgment expressed in or converted into any currency other than dollarsthe Obligation Currency, except to the extent that such tender or recovery results in the effective receipt by the Administrative Agent, the Collateral Agent or a the respective Lender of the full amount of dollars the Obligation Currency expressed to be payable to the Administrative Agent, Collateral Agent or such Lender under this Agreement or the other Loan Documents. If, If for the purpose of obtaining or enforcing judgment against the Parent Borrower, any Subsidiary Term Borrower, any Foreign Subsidiary Borrower or any other Loan Party in any court or in any jurisdiction, it becomes necessary to convert into or from any currency other than dollars the Obligation Currency (such other currency being hereinafter referred to as the “"Judgment Currency”") an amount due in dollarsthe Obligation Currency, each party hereto agreesthe conversion shall be made at the Equivalent Dollar Amount, to and, in the fullest extent that it may effectively do socase of other currencies, that the rate of exchange used shall be that at which(as quoted by the Administrative Agent or if the Administrative Agent does not quote a rate of exchange on such currency, by a known dealer in such currency designated by the Administrative Agent) determined, in accordance with normal banking procedures in the relevant jurisdiction, the first currency could be purchased with such other currencyeach case, as of the date Business Day immediately preceding the day on which the judgment is given (such Business Day being hereinafter referred to as the “"Judgment Currency Conversion Date”").
(b) If there is a change in the rate of exchange prevailing between the Judgment Currency Conversion Date and the date of actual payment of the amount due, the Parent Borrower, each Subsidiary Term Borrower Borrowers covenant and each Foreign Subsidiary Borrower, as the case may be, covenants and agrees agree to pay, or cause to be paid, such additional amounts, if any (but in any event not a lesser amount), ) as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the rate of exchange prevailing on the date of payment, will produce the amount of dollars the Obligation Currency which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial award at the rate of exchange prevailing on the Judgment Currency Conversion Date.
(c) For purposes of determining the dollar equivalent of the Judgment Currency, such amounts shall include any premium and costs payable in connection with the purchase of dollars.
Appears in 2 contracts
Samples: Credit Agreement (Baldwin Technology Co Inc), Credit Agreement (Baldwin Technology Co Inc)
Judgment Currency. (a) The obligations hereunder of the Parent Borrower, the Subsidiary Term Borrowers and the Foreign Subsidiary Borrowers Borrower hereunder and under the other Loan Documents to make payments in dollars Dollars or in the Foreign Currencies, as the case may be (the “Obligation Currency”), shall not be discharged or satisfied by any tender or recovery pursuant to any judgment expressed in or converted into any currency other than dollarsthe Obligation Currency, except to the extent that such tender or recovery results in the effective receipt by the Administrative Agent, the Collateral Agent or a Lender of the full amount of dollars the Obligation Currency expressed to be payable to the Administrative Agent, Collateral Agent or Lender under this Agreement or the other Loan Credit Documents. If, for the purpose of obtaining or enforcing judgment against the Parent Borrower, any Subsidiary Term Borrower, any Foreign Subsidiary Borrower or any other Loan Credit Party in any court or in any jurisdiction, it becomes necessary to convert into or from any currency other than dollars the Obligation Currency (such other currency being hereinafter referred to as the “Judgment Currency”) an amount due in dollarsthe Obligation Currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used conversion shall be that made, at whichthe Dollar Equivalent of such amount, in accordance with normal banking procedures in the relevant jurisdiction, the first currency could be purchased with such other currencyeach case, as of the date immediately preceding the day on which the judgment is given (such Business Day being hereinafter referred to as the “Judgment Currency Conversion Date”).
(b) If there is a change in the rate of exchange prevailing between the Judgment Currency Conversion Date and the date of actual payment of the amount due, the Parent Borrower, each Subsidiary Term Borrower and each Foreign Subsidiary Borrower, as the case may be, covenants and agrees to pay, or cause to be paid, such additional amounts, if any (but in any event not a lesser amount), as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the rate of exchange prevailing on the date of payment, will produce the amount of dollars the Obligation Currency which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial award at the rate of exchange prevailing on the Judgment Currency Conversion Date.
(c) For purposes of determining the dollar equivalent of the Judgment CurrencyDollar Equivalent, such amounts shall include any premium and costs payable in connection with the purchase of dollarsthe Obligation Currency.
Appears in 2 contracts
Samples: Credit Agreement (Rockwood Holdings, Inc.), Credit Agreement (Rockwood Holdings, Inc.)
Judgment Currency. (a) The obligations hereunder of the Parent Borrower, the Subsidiary Term Borrowers Borrower and the Foreign Subsidiary Borrowers other Loan Parties hereunder and under the other Loan Documents to make payments in U.S. dollars (the “Obligation Currency”) shall not be discharged or satisfied by any tender or recovery pursuant to any judgment expressed in or converted into any currency other than dollarsthe Obligation Currency, except to the extent that such tender or recovery results in the effective receipt by the Administrative Agent, the Collateral Agent or a Lender or an Issuing Bank of the full amount of dollars the Obligation Currency expressed to be payable to the Administrative Agent, Collateral Agent such Lender or Lender Issuing Bank under this Agreement or the other Loan Documents. If, for the purpose of obtaining or enforcing judgment against the Parent Borrower, any Subsidiary Term Borrower, any Foreign Subsidiary Borrower or any other Loan Party or in any court or in any jurisdiction, it becomes necessary to convert into or from any currency other than dollars the Obligation Currency (such other currency being hereinafter referred to as the “Judgment Currency”) an amount due in dollarsthe Obligation Currency, each party hereto agreesthe conversion shall be made at the U.S. Dollar Equivalent, to or, in the fullest extent that it may effectively do socase of other currencies, that the rate of exchange used shall be that at which(as quoted by the Administrative Agent or if the Administrative Agent does not quote a rate of exchange on such currency, by a known dealer in such currency designated by the Administrative Agent) determined, in accordance with normal banking procedures in the relevant jurisdiction, the first currency could be purchased with such other currencyeach case, as of the date immediately preceding the day on which the judgment is given (such Business Day being hereinafter referred to as the “Judgment Currency Conversion Date”).
(b) If there is a change in the rate of exchange prevailing between the Judgment Currency Conversion Date and the date of actual payment of the amount due, the Parent Borrower, each Subsidiary Term Borrower and each Foreign Subsidiary Borrower, as the case may be, covenants and agrees to pay, or cause to be paid, as a separate obligation and notwithstanding any judgment, such additional amounts, if any (but in any event not a lesser amount), as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the rate of exchange prevailing on the date of payment, will produce the amount of dollars the Obligation Currency which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial award at the rate of exchange prevailing on the Judgment Currency Conversion Date.
(c) For purposes of determining the dollar equivalent U.S. Dollar Equivalent or rate of the Judgment Currencyexchange for this Section, such amounts shall include any premium and costs payable in connection with the purchase of dollarsthe Obligation Currency.
Appears in 2 contracts
Samples: Credit Agreement (Oil States International, Inc), Credit Agreement (Oil States International, Inc)
Judgment Currency. (a) The Borrower's obligations hereunder of the Parent Borrower, the Subsidiary Term Borrowers and the Foreign Subsidiary Borrowers and under the other Loan Documents to make payments in dollars Dollars shall not be discharged or satisfied by any tender or recovery pursuant to any judgment expressed in or converted into any currency other than dollarsDollars, except to the extent that such tender or recovery results in the effective receipt by the Administrative Agent, the Collateral Agent or a Lender of the full amount of dollars Dollars expressed to be payable to the Administrative Agent, Collateral Agent or such Lender under this Agreement or the other Loan Documents. If, for the purpose of obtaining or enforcing judgment against the Parent Borrower, any Subsidiary Term Borrower, any Foreign Subsidiary Borrower or any other Loan Party in any court or in any jurisdiction, it becomes necessary to convert into or from any currency other than dollars Dollars (such other currency being hereinafter referred to as the “"Judgment Currency”") an amount due in dollarsDollars, each party hereto agrees, to the fullest extent that it may effectively do so, that conversion shall be made at the rate of exchange used shall be that at which(as quoted by the Administrative Agent or if the Administrative Agent does not quote a rate of exchange on such currency, by a known dealer in accordance with normal banking procedures such currency designated by the Administrative Agent) deter mined. in the relevant jurisdiction, the first currency could be purchased with such other currencyeach case, as of the date immediately preceding the day on which the judgment is given (such Business Day being hereinafter referred to as the “"Judgment Currency Conversion Date”").
(b) If there is a change in the rate of exchange prevailing between the Judgment Currency Conversion Date and the date of actual payment of the amount due, the Parent Borrower, each Subsidiary Term Borrower and each Foreign Subsidiary Borrower, as the case may be, covenants and agrees to pay, or cause to be paid, as a separate obligation and notwithstanding any judgment, such additional amounts, if any (but in any event not a lesser amount), as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the rate of exchange prevailing on the date of payment, will produce the amount of dollars Dollars which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial award at the rate of exchange prevailing on the Judgment Currency Conversion Date.
(c) For purposes of determining the dollar equivalent rate of the Judgment Currencyexchange for this Section 9.16, such amounts shall include any premium and costs payable in connection with the purchase of dollarsDollars.
Appears in 2 contracts
Samples: Senior Secured Term Loan Agreement (McDermott International Inc), Senior Secured Term Loan Agreement (McDermott International Inc)
Judgment Currency. (a) The Credit Parties’ obligations hereunder of the Parent Borrower, the Subsidiary Term Borrowers and the Foreign Subsidiary Borrowers and under the other Loan Credit Documents to make payments in dollars the respective Available Currency (the “Obligation Currency”) shall not be discharged or satisfied by any tender or recovery pursuant to any judgment expressed in or converted into any currency other than dollarsthe Obligation Currency, except to the extent that such tender or recovery results in the effective receipt by the Administrative Agent, the Collateral Agent Agent, the respective Issuing Lender or a the respective Lender of the full amount of dollars the Obligation Currency expressed to be payable to the Administrative Agent, the Collateral Agent Agent, such Issuing Lender or such Lender under this Agreement or the other Loan Credit Documents. If, If for the purpose of obtaining or enforcing judgment against the Parent Borrower, any Subsidiary Term Borrower, any Foreign Subsidiary Borrower or any other Loan Credit Party in any court or in any jurisdiction, it becomes necessary to convert into or from any currency other than dollars the Obligation Currency (such other currency being hereinafter referred to as the “Judgment Currency”) an amount due in dollarsthe Obligation Currency, each party hereto agreesthe conversion shall be made, to the fullest extent that it may effectively do so, that at the rate of exchange used shall be that at which(as quoted by the Administrative Agent or if the Administrative Agent does not quote a rate of exchange on such currency, by a known dealer in such currency designated by the Administrative Agent) determined, in accordance with normal banking procedures in the relevant jurisdiction, the first currency could be purchased with such other currencyeach case, as of the date immediately preceding the day on which the judgment is given (such Business Day day being hereinafter referred to as the “Judgment Currency Conversion Date”).
(b) If there is a change in the rate of exchange prevailing between the Judgment Currency Conversion Date and the date of actual payment of the amount due, the Parent Borrower, each Subsidiary Term Borrower and each Foreign Subsidiary Borrower, as the case may be, covenants and agrees to pay, or cause to be paid, such additional amounts, if any (but in any event not a lesser amount), as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the rate of exchange prevailing on the date of payment, will produce the amount of dollars the Obligation Currency which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial award at the rate of or exchange prevailing on the Judgment Currency Conversion Date.
(c) . For purposes of determining the dollar equivalent any rate of the Judgment Currencyexchange for this Section, such amounts shall include any premium and costs payable in connection with the purchase of dollarsthe Obligation Currency.
Appears in 2 contracts
Samples: Credit Agreement (Walter Energy, Inc.), Credit Agreement (Walter Energy, Inc.)
Judgment Currency. (a) The obligations Each Loan Party’s obligation hereunder of the Parent Borrower, the Subsidiary Term Borrowers and the Foreign Subsidiary Borrowers and under the other Loan Documents to make any payments in dollars shall not be discharged or satisfied by any tender or recovery pursuant to any judgment expressed in or converted into any currency other than dollars, except to the extent that such tender or recovery results in the effective receipt by the Administrative Agent, the Collateral Agent or a the respective Lender of the full amount of dollars expressed to be payable to the Administrative Agent, Collateral Agent or such Lender under this Agreement or the other Loan Documents. If, for the purpose of obtaining or enforcing judgment against the Parent Borrower, any Subsidiary Term Borrower, any Foreign Subsidiary Borrower or any other Loan Party in any court or in any jurisdiction, it becomes necessary to convert into or from any currency other than dollars (such other currency being hereinafter referred to as the “Judgment Currency”) an amount due in dollars, each party hereto agreesthe conversion shall be made at the Relevant Currency Equivalent, to and in the fullest extent that it may effectively do socase of other currencies, that the rate of exchange used shall be that at which(as quoted by the Administrative Agent or if the Administrative Agent does not quote a rate of exchange on such currency, by a known dealer in such currency designated by the Administrative Agent) determined, in accordance with normal banking procedures in the relevant jurisdiction, the first currency could be purchased with such other currencyeach case, as of the date Business Day immediately preceding the day on which the judgment is given (such Business Day being hereinafter referred to as the “Judgment Currency Conversion Date”).
(b) If there is a change in the rate of exchange prevailing between the Judgment Currency Conversion Date and the date of actual payment of the amount due, the Parent Borrower, each Subsidiary Term Borrower and each Foreign Subsidiary Borrower, as the case may be, Loan Party covenants and agrees to pay, or cause to be paid, to the extent permitted under applicable law, such additional amounts, if any (but in any event not a lesser amount), ) as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the rate of exchange prevailing on the date of payment, will produce the amount of dollars which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial award at the rate of exchange prevailing on the Judgment Currency Conversion Date.
(c) For purposes of determining the dollar equivalent Relevant Currency Equivalent or any other rate of the Judgment Currencyexchange for this Section 10.17, such amounts shall include any premium and costs payable in connection with the purchase of dollars.
Appears in 2 contracts
Samples: Second Lien Credit Agreement (Thompson Creek Metals CO Inc.), First Lien Credit Agreement (Thompson Creek Metals CO Inc.)
Judgment Currency. (a) The Loan Parties’ obligations hereunder of the Parent Borrower, the Subsidiary Term Borrowers and the Foreign Subsidiary Borrowers and under the other Loan Documents to make payments in dollars Dollars or, in the case of a Letter of Credit denominated in an Alternative Currency, such Alternative Currency (each, the “Obligation Currency”), shall not be discharged or satisfied by any tender or recovery pursuant to any judgment expressed in or converted into any currency other than dollarsthe Obligation Currency, except to the extent that such tender or recovery results in the effective receipt by the Administrative Agent, the Collateral Agent Agent, the Issuing Bank or a the respective Lender of the full amount of dollars the Obligation Currency expressed to be payable to the Administrative Agent, the Collateral Agent Agent, the Issuing Bank or such Lender under this Agreement or the other Loan Documents. If, If for the purpose of obtaining or enforcing judgment against the Parent Borrower, any Subsidiary Term Borrower, any Foreign Subsidiary Borrower or any other Loan Party in any court or in any jurisdiction, it becomes necessary to convert into or from any currency other than dollars the Obligation Currency (such other currency being hereinafter referred to as the “Judgment Currency”) an amount due in dollarsthe Obligation Currency, each party hereto agreesthe conversion shall be made, to the fullest extent that it may effectively do so, that at the rate of exchange used shall be that at which(as quoted by the Administrative Agent or if the Administrative Agent does not quote a rate of exchange on such currency, by a known dealer in such currency designated by the Administrative Agent) determined, in accordance with normal banking procedures in the relevant jurisdiction, the first currency could be purchased with such other currencyeach case, as of the date immediately preceding the day on which the judgment is given (such Business Day day being hereinafter referred to as the “Judgment Currency Conversion Date”).
(b) If there is a change in the rate of exchange prevailing between the Judgment Currency Conversion Date and the date of actual payment of the amount due, the Parent Borrower, each Subsidiary Term Borrower Loan Party jointly and each Foreign Subsidiary Borrower, as the case may be, severally covenants and agrees to pay, or cause to be paid, such additional amounts, if any (but in any event not a lesser amount), as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the rate of exchange prevailing on the date of payment, will produce the amount of dollars the Obligation Currency which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial award at the rate of or exchange prevailing on the Judgment Currency Conversion Date.
(c) For purposes of determining the dollar equivalent any rate of the Judgment Currencyexchange for this Section 11.21, such amounts shall include any premium and costs payable in connection with the purchase of dollarsthe Obligation Currency.
Appears in 2 contracts
Samples: Credit Agreement (International Seaways, Inc.), Credit Agreement (Overseas Shipholding Group Inc)
Judgment Currency. (a) The obligations hereunder of the Parent Borrower, the Subsidiary Term Borrowers and the Foreign Subsidiary Borrowers each Guarantor hereunder and under the other Loan Credit Documents to make payments payment of principal of and interest on the Loans, and any other amounts payable hereunder and thereunder, in dollars the Applicable Currency (the "Obligation Currency") shall not be discharged or satisfied by any tender or recovery pursuant to any judgment expressed in or converted into any currency other than dollarsthe Obligation Currency, except to the extent that such tender or recovery results shall result in the effective receipt by the Administrative Agent, the Collateral Agent or a any applicable Lender of the full amount of dollars the Obligation Currency expressed to be payable to the Administrative Agent, Collateral Agent or Lender under this Agreement or the any other Loan DocumentsCredit Document, as applicable. If, for the purpose of obtaining or enforcing judgment against the Parent Borrower, any Subsidiary Term Borrower, any Foreign Subsidiary Borrower or any other Loan Party Guarantor in any court or in any jurisdiction, it becomes necessary to convert into or from any currency other than dollars the Obligation Currency (such other currency being hereinafter referred to as the “"Judgment Currency”") an amount due in dollarsthe Obligation Currency, each party hereto agrees, to the fullest extent that it may effectively do so, that conversion shall be made at the rate of exchange used shall be that at which(as quoted by the Administrative Agent or if the Administrative Agent does not quote a rate of exchange on such currency, by a known dealer in such currency designated by the Administrative Agent) or the Dollar Equivalent thereof, as the case may be, determined, in accordance with normal banking procedures in the relevant jurisdiction, the first currency could be purchased with such other currencyeach case, as of the date Business Day immediately preceding the day on which the judgment is given (such Business Day being hereinafter referred to as the “"Judgment Currency Conversion Date”").
(b) . If there is a shall occur any change in the rate of exchange prevailing between the Judgment Currency Conversion Date and the date of actual payment of the amount due, the Parent Borrower, each Subsidiary Term applicable Borrower and each Foreign Subsidiary Borrower, as the case may be, covenants and agrees to pay, or cause to be paid, such additional amounts, if any (but in any event not a lesser amount), as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the rate of exchange prevailing on the date of payment, will produce the amount of dollars which the Obligation Currency that could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial award at the rate of exchange prevailing on the Judgment Currency Conversion Date.
(c) For . In determining the Dollar Equivalent or any other rate of exchange for purposes of determining the dollar equivalent of the Judgment Currencythis Section, such amounts shall include any premium and or other costs payable in connection with the purchase of dollarsthe Obligation Currency.
Appears in 2 contracts
Samples: Credit Agreement (Matria Healthcare Inc), Credit Agreement (Matria Healthcare Inc)
Judgment Currency. (a) The obligations Borrower’s obligation hereunder of the Parent Borrower, the Subsidiary Term Borrowers and the Foreign Subsidiary Borrowers and under the other Loan Documents to make payments in dollars the applicable Approved Currency (pursuant to such obligation, the “Obligation Currency”) shall not be discharged or satisfied by any tender or recovery pursuant to any judgment expressed in or converted into any currency other than dollarsthe Obligation Currency, except to the extent that such tender or recovery results in the effective receipt by the Administrative Agent, the Collateral Agent or a the respective Lender of the full amount of dollars the Obligation Currency expressed to be payable to the Administrative Agent, Collateral Agent or such Lender under this Agreement or the other Loan Documents. If, for the purpose of obtaining or enforcing judgment against the Parent Borrower, any Subsidiary Term Borrower, any Foreign Subsidiary Borrower or any other Loan Party in any court or in any jurisdiction, it becomes necessary to convert into or from any currency other than dollars the Obligation Currency (such other currency being hereinafter referred to as the “Judgment Currency”) an amount due in dollarsthe Obligation Currency, each party hereto agreesthe conversion shall be made at the Relevant Currency Equivalent, to and in the fullest extent that it may effectively do socase of other currencies, that the rate of exchange used shall be that at which(as quoted by the Administrative Agent or if the Administrative Agent does not quote a rate of exchange on such currency, by a known dealer in such currency designated by the Administrative Agent) determined, in accordance with normal banking procedures in the relevant jurisdiction, the first currency could be purchased with such other currencyeach case, as of the date Business Day immediately preceding the day on which the judgment is given (such Business Day being hereinafter referred to as the “Judgment Currency Conversion Date”).
(b) If there is a change in the rate of exchange prevailing between the Judgment Currency Conversion Date and the date of actual payment of the amount due, the Parent Borrower, each Subsidiary Term Borrower and each Foreign Subsidiary Borrower, as the case may be, covenants and agrees to shall pay, or cause to be paid, the amount necessary such additional amounts, if any (but in any event not a lesser amount), as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the rate of exchange prevailing on the date of payment, will produce the amount of dollars the Obligation Currency which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial award at the rate of exchange prevailing on the Judgment Currency Conversion DateDate .
(c) For purposes of determining the dollar equivalent Relevant Currency Equivalent or any other rate of the Judgment Currencyexchange for this Section 10.18, such amounts shall include any premium and costs payable in connection with the purchase of dollarsthe Obligation Currency.
Appears in 2 contracts
Samples: Credit Agreement (CSG Systems International Inc), Credit Agreement (CSG Systems International Inc)
Judgment Currency. (a) The Loan Parties’ obligations hereunder of the Parent Borrower, the Subsidiary Term Borrowers and the Foreign Subsidiary Borrowers and under the other Loan Documents to make payments in dollars the Applicable Currency (the “Obligation Currency”) shall not be discharged or satisfied by any tender or recovery pursuant to any judgment expressed in or converted into any currency other than dollarsthe Obligation Currency, except to the extent that such tender or recovery results in the effective receipt by the Administrative Agent, the Collateral Agent or a the respective Lender of the full amount of dollars the Obligation Currency expressed to be payable to the Administrative Agent, the Collateral Agent or such Lender under this Agreement or the other Loan Documents. If, for the purpose of obtaining or enforcing judgment judg ment against the Parent Borrower, any Subsidiary Term Borrower, any Foreign Subsidiary Borrower or any other Loan Party in any court or in any jurisdiction, it becomes necessary to convert into or from any currency other than dollars the Obligation Currency (such other currency being hereinafter herein after referred to as the “Judgment Currency”) an amount due in dollarsthe Obligation Currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used conversion shall be that made at whichthe US Dollar Equivalent thereof, deter mined, in accordance with normal banking procedures in the relevant jurisdiction, the first currency could be purchased with such other currencyeach case, as of the date immediately Business Day immedi ately preceding the day on which the judgment judg ment is given (such Business Day being hereinafter herein after referred to as the “Judgment Currency Conversion Date”).
(b) If there is a change in the rate of exchange prevailing between the Judgment Currency Conversion Date and the date of actual payment of the amount due, the Parent Borrower, each Subsidiary Term Borrower and each Foreign Subsidiary Borrower, as the case may be, applicable Loan Party covenants and agrees to pay, or cause to be paid, such additional amounts, if any (but in any event not a lesser amount), ) as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the rate of exchange prevailing on the date of payment, will produce the amount of dollars the Obligation Currency which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial award at the rate of exchange prevailing on the Judgment Currency Conversion Date.
(c) For purposes of determining the dollar equivalent US Dollar Equivalent or any other rate of the Judgment Currencyexchange for this Section, such amounts shall include any premium and costs payable in connection with the purchase of dollarsthe Obligation Currency.
Appears in 2 contracts
Samples: Credit Agreement (Dayforce, Inc.), Credit Agreement (Ceridian HCM Holding Inc.)
Judgment Currency. (a) The Each Credit Party's obligations hereunder of the Parent Borrower, the Subsidiary Term Borrowers and the Foreign Subsidiary Borrowers and under the other Loan Credit Documents to make payments in dollars Dollars (the "Obligation Currency") shall not be discharged or satisfied by any tender or recovery pursuant to any judgment expressed in or converted into any currency other than dollarsthe Obligation Currency, except to the extent that such tender or recovery results in the effective receipt by the Administrative Agent, the Collateral an Agent or a Lender of the full amount of dollars the Obligation Currency expressed to be payable to the Administrative Agent, Collateral such Agent or such Lender under this Agreement or the other Loan Credit Documents. If, for the purpose of obtaining or enforcing judgment against the Parent Borrower, any Subsidiary Term Borrower, any Foreign Subsidiary Borrower or any other Loan Credit Party in any court or in any jurisdiction, it becomes necessary to convert into or from any currency other than dollars the Obligation Currency (such other currency being hereinafter referred to as the “"Judgment Currency”") an amount due in dollarsthe Obligation Currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used conversion shall be that made at whichthe U.S. Dollar Equivalent, in accordance with normal banking procedures in the relevant jurisdiction, the first currency could be purchased with such other currency, determined as of the date Business Day immediately preceding the day on which the judgment is given (such Business Day being hereinafter referred to as the “"Judgment Currency Conversion Date”").
(b) If there is a change in the rate of exchange prevailing between the Judgment Currency Conversion Date and the date of actual payment of the amount due, such amount payable by the Parent Borrower, each Subsidiary Term Borrower and each Foreign Subsidiary Borrowerapplicable Credit Party shall be reduced or increased, as the case may be, covenants and agrees to pay, or cause to be paidapplicable, such additional amounts, if any (but in any event not a lesser amount), as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the rate of exchange prevailing on the date of payment, will produce the amount of dollars the Obligation Currency which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial award at the rate of exchange prevailing on the Judgment Currency Conversion Date.
(c) For purposes of determining the dollar equivalent of the Judgment Currency, such amounts shall include any premium and costs payable in connection with the purchase of dollars.
Appears in 2 contracts
Samples: Credit Agreement (Us Can Corp), Credit Agreement (Dispatch Management Services Corp)
Judgment Currency. (a) The obligations Each Loan Party’s obligation hereunder of the Parent Borrower, the Subsidiary Term Borrowers and the Foreign Subsidiary Borrowers and under the other Loan Documents to which it is a party to make payments in dollars US Dollars (pursuant to such obligation, the “Obligation Currency”) shall not be discharged or satisfied by any tender or recovery pursuant to any judgment expressed in or converted into any currency other than dollarsthe Obligation Currency, except to the extent that such tender or recovery results in the effective receipt by the Administrative Agent, the Collateral Agent or a any other respective Lender of the full amount of dollars the Obligation Currency expressed to be payable to the Administrative Agent, Collateral Agent or such other Lender under this Agreement or the other Loan Documents. If, for the purpose of obtaining or enforcing judgment against the Parent Borrower, any Subsidiary Term Borrower, any Foreign Subsidiary Borrower or any other Loan Party in any court or in any jurisdiction, it becomes necessary to convert into or from any currency other than dollars the Obligation Currency (such other currency being hereinafter referred to as the “Judgment Currency”) an amount due in dollarsthe Obligation Currency, each party hereto agreesthe conversion shall be made (i) with respect to Obligations, to at the fullest extent that it may effectively do soDollar Equivalent and (ii) in the case of currencies other than US Dollars, that the rate of exchange used shall be that at which(as quoted by the Administrative Agent or if the Administrative Agent does not quote a rate of exchange on such currency, by a known dealer in such currency designated by the Administrative Agent) determined, in accordance with normal banking procedures in the relevant jurisdiction, the first currency could be purchased with such other currencyeach case, as of the date Business Day immediately preceding the day on which the judgment is given (such Business Day or Banking Day, as applicable, being hereinafter referred to as the “Judgment Currency Conversion Date”).
(b) If there is a change in the rate of exchange prevailing between the Judgment Currency Conversion Date and the date of actual payment of the amount due, the Parent Borrower, each Subsidiary Term Borrower and each Foreign Subsidiary Borrower, as the case may be, Loan Party covenants and agrees to pay, or cause to be paid, such additional amounts, if any (but in any event not a lesser amount), ) as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the rate of exchange prevailing on the date of payment, will produce the amount of dollars the Obligation Currency which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial award at the rate of exchange prevailing on the Judgment Currency Conversion Date.
(c) For purposes of determining the dollar equivalent of the Judgment Currency, such amounts shall include any premium and costs payable in connection with the purchase of dollars.
Appears in 2 contracts
Samples: Credit Agreement (Nabors Industries LTD), Credit Agreement (Nabors Industries LTD)
Judgment Currency. (a) The Each of the Borrower obligations hereunder of the Parent Borrower, the Subsidiary Term Borrowers and the Foreign Subsidiary Borrowers and under the other Loan Documents to make payments in dollars any applicable currency (the “Obligation Currency”) shall not be discharged or satisfied by any tender or recovery pursuant to any judgment expressed in or converted into any currency other than dollarsthe Obligation Currency, except to the extent that such tender or recovery results in the effective receipt by the Administrative Agent, the Collateral Agent or a the respective Lender of the full amount of dollars the Obligation Currency expressed to be payable to the Administrative Agent, Collateral Agent or such Lender under this Agreement or the any other Loan Documents. If, for the purpose of obtaining or enforcing judgment against the Parent Borrower, any Subsidiary Term Borrower, any Foreign Subsidiary Borrower or any other Loan Party in any court or in any jurisdiction, it becomes necessary to convert into or from any currency other than dollars the Obligation Currency (such other currency being hereinafter referred to as the “Judgment Currency”) an amount due in dollarsthe Obligation Currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used conversion shall be that made at whichthe Exchange Rate determined, in accordance with normal banking procedures in the relevant jurisdiction, the first currency could be purchased with such other currencyeach case, as of the date Business Day immediately preceding the day on which the judgment is given (such Business Day being hereinafter referred to as the “Judgment Currency Conversion Date”).
(b) If there is a change in the rate of exchange prevailing between the Judgment Currency Conversion Date and the date of actual payment of the amount due, the Parent Borrower, each Subsidiary Term Borrower and each Foreign Subsidiary Borrower, as the case may be, Group Member party hereto covenants and agrees to pay, or cause to be paid, such additional amounts, if any (but in any event not a lesser amount), ) as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the rate of exchange prevailing on the date of payment, will produce the amount of dollars the Obligation Currency which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial award at the rate of exchange prevailing on the Judgment Currency Conversion Date.
(c) For purposes of determining the dollar equivalent any other rate of the Judgment Currencyexchange for this Section 9.15, such amounts shall include any premium and costs payable in connection with the purchase of dollarsthe Obligation Currency.
Appears in 2 contracts
Samples: Senior Lien Term Loan Credit Agreement (Forterra, Inc.), Junior Lien Term Loan Credit Agreement (Forterra, Inc.)
Judgment Currency. (a) The obligations hereunder of the Parent Borrower, the Subsidiary Term Borrowers any Borrower under this Agreement and the Foreign Subsidiary Borrowers and under the other Loan Documents to make payments in US dollars (the “Obligation Currency”) shall not be discharged or satisfied by any tender or recovery pursuant to any judgment expressed in or converted into any currency other than dollarsthe Obligation Currency, except to the extent that such tender or recovery results in the effective receipt by the Administrative Agent, the Collateral Agent or a Lender of the full amount of dollars the Obligation Currency expressed to be payable to the Administrative Agent, Collateral Agent or Lender under this Agreement or the other Loan Documents. If, for the purpose of obtaining or enforcing a judgment against the Parent Borrower, any Subsidiary Term Borrower, any Foreign Subsidiary Borrower or any other Loan Party in any court or in any jurisdiction, it becomes necessary to convert into or from any currency other than dollars the Obligation Currency (such other currency being hereinafter referred to as currency, the “Judgment Currency”) an amount due in dollarsthe Obligation Currency, each party hereto agrees, to the fullest extent that it may effectively do so, that conversion shall be made at the rate of exchange used shall be that at whichquoted by the Lender, determined, in accordance with normal banking procedures in the relevant jurisdiction, the first currency could be purchased with such other currencyeach case, as of the date business day immediately preceding the day on which the judgment is given (such Business Day being hereinafter referred to as business day, the “Judgment Currency Conversion Date”).
(b) If there is a change in the rate of exchange prevailing between the Judgment Currency Conversion Date and the date of actual payment of the amount due, the Parent Borrower, each Subsidiary Term Borrower and each Foreign Subsidiary Borrower, as the case may be, covenants and agrees to pay, or cause to be paid, such additional amounts, if any (but in any event not a lesser amount), as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the rate of exchange prevailing on the actual date of payment, will produce the amount of dollars which the Obligation Currency that could have been purchased with the amount of the Judgment Currency stipulated in the judgment or judicial award at the rate of exchange prevailing on the Judgment Currency Conversion Date.
(c) For purposes of determining the dollar equivalent any rate of the Judgment Currencyexchange for this Section 9.3, such amounts shall include any premium and costs payable in connection with the purchase of dollarsthe Obligation Currency.
Appears in 2 contracts
Samples: Loan and Security Agreement (Nimblegen Systems Inc), Loan and Security Agreement (Nimblegen Systems Inc)
Judgment Currency. (a) The obligations hereunder of the Parent Borrower, the Subsidiary Term Borrowers and the Foreign Subsidiary Borrowers and under the other Loan Credit Documents of the Borrower to make payments in dollars Dollars or in an Alternate Currency, as the case may be (the “Obligation Currency”), shall not be discharged or satisfied by any tender tender, or any recovery pursuant to any judgment or otherwise, which is expressed in or converted into any currency other than dollarsthe Obligation Currency, except to the extent that such tender or recovery results in the effective receipt by the Administrative Agent, the Collateral Agent or a Lender any Lender, as applicable, of the full amount of dollars the Obligation Currency expressed to be payable to the Administrative Agent, Collateral Agent or Lender such Lender, as applicable, under this Agreement or the other Loan Credit Documents. , and the Borrower shall indemnify the Administrative Agent or such Lender, as applicable, for any shortfall.
(b) If, for the purpose of obtaining or enforcing judgment against the Parent Borrower, any Subsidiary Term Borrower, any Foreign Subsidiary Borrower or any other Loan Party in any court or in any jurisdiction, it becomes necessary to convert into or from any currency other than dollars the Obligation Currency (such other currency being hereinafter referred to as the “Judgment Currency”) an amount due in dollarsthe Obligation Currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used conversion shall be that made at whichthe Dollar Equivalent of such amount, in accordance with normal banking procedures in the relevant jurisdiction, the first currency could be purchased with such other currencyeach case, as of the date immediately preceding the day on which the judgment is given (such Business Day being hereinafter referred to as the “Judgment Currency Conversion Date”).
(b) . If there is a change in the rate of exchange prevailing between the Judgment Currency Conversion Date and the date of actual payment of the amount due, the Parent Borrower, each Subsidiary Term Borrower and each Foreign Subsidiary Borrower, as the case may be, covenants and agrees to pay, or cause to be paid, such additional amounts, if any (but in any event not a lesser amount), as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the rate of exchange prevailing on the date of payment, will produce the amount of dollars the Obligation Currency which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial award at the rate of exchange prevailing on the Judgment Currency Conversion Date.
(c) For purposes of determining the dollar equivalent of the Judgment Currency, such amounts shall include any premium and costs payable in connection with the purchase of dollars.
Appears in 2 contracts
Samples: Credit Agreement (FS Global Credit Opportunities Fund), Credit Agreement (FS Global Credit Opportunities Fund-D)
Judgment Currency. (a) The Each Borrower’s obligations hereunder of the Parent Borrower, the Subsidiary Term Borrowers and the Foreign Subsidiary Borrowers and under the other Loan Credit Documents to make payments in dollars Dollars or in the applicable Alternate Currency as provided for herein, (in any such case, the “Obligation Currency”) shall not be discharged or satisfied by any tender or recovery pursuant to any judgment expressed in or converted into any currency other than dollarsthe Obligation Currency, except to the extent that such tender or recovery results in the effective receipt by the Administrative Agent, the Collateral Agent Issuing Agent, the respective Fronting Lender or a the respective Lender of the full amount of dollars the Obligation Currency expressed to be payable to the Administrative Agent, Collateral Agent the Issuing Agent, such Fronting Lender or such Lender under this Agreement or the other Loan Credit Documents. If, for the purpose of obtaining or enforcing judgment against the Parent Borrower, any Subsidiary Term Borrower, any Foreign Subsidiary Borrower or any other Loan Credit Party in any court or in any jurisdiction, it becomes necessary to convert into or from any currency other than dollars the Obligation Currency (such other currency being hereinafter referred to as the “Judgment Currency”) an amount due in dollarsthe Obligation Currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used conversion shall be that at which, in accordance with normal banking procedures in made based on the relevant jurisdiction, respective spot exchange rate as quoted by the first currency could be purchased with such other currency, Administrative Agent as of 11:00 a.m. (London time) on the date Business Day immediately preceding the day on which the judgment is given (such Business Day being hereinafter referred to as the “Judgment Currency Conversion Date”).
(b) If there is a change in the rate of exchange prevailing between the Judgment Currency Conversion Date and the date of actual payment of the amount due, the Parent Borrower, each Subsidiary Term Borrower and each Foreign Subsidiary Borrower, as the case may be, Credit Party covenants and agrees to pay, or cause to be paid, such additional amounts, if any (but in any event not a lesser amount), ) as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the rate of exchange prevailing on the date of payment, will produce the amount of dollars the Obligation Currency which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial award at the rate of exchange prevailing on the Judgment Currency Conversion Date.
(c) For purposes of determining the dollar equivalent any rate of the Judgment Currencyexchange for this Section, such amounts shall include any premium and costs payable in connection with the purchase of dollarsthe Obligation Currency.
Appears in 2 contracts
Samples: Credit Agreement (Arch Capital Group Ltd.), Credit Agreement (Arch Capital Group Ltd.)
Judgment Currency. (a) The Loan Parties’ obligations hereunder of the Parent Borrower, the Subsidiary Term Borrowers and the Foreign Subsidiary Borrowers and under the other Loan Documents to make payments in dollars Dollars or, in the case of a Letter of Credit denominated in an Alternative Currency, such Alternative Currency (each, the “Obligation Currency”), shall not be discharged or satisfied by any tender or recovery pursuant to any judgment expressed in or converted into any currency other than dollarsthe Obligation Currency, except to the extent that such tender or recovery results in the effective receipt by the Administrative Agent, the Collateral Agent Agent, the respective Issuing Bank or a the respective Lender of the full amount of dollars the Obligation Currency expressed to be payable to the Administrative Agent, the Collateral Agent Agent, each Issuing Bank or such Lender under this Agreement or the other Loan Documents. If, If for the purpose of obtaining or enforcing judgment against the Parent Borrower, any Subsidiary Term Borrower, any Foreign Subsidiary Borrower or any other Loan Party in any court or in any jurisdiction, it becomes necessary to convert into or from any currency other than dollars the Obligation Currency (such other currency being hereinafter referred to as the “Judgment Currency”) an amount due in dollarsthe Obligation Currency, each party hereto agreesthe conversion shall be made, to the fullest extent that it may effectively do so, that at the rate of exchange used shall be that at which(as quoted by the Administrative Agent or if the Administrative Agent does not quote a rate of exchange on such currency, by a known dealer in such currency designated by the Administrative Agent) determined, in accordance with normal banking procedures in the relevant jurisdiction, the first currency could be purchased with such other currencyeach case, as of the date immediately preceding the day on which the judgment is given (such Business Day day being hereinafter referred to as the “Judgment Currency Conversion Date”).
(b) If there is a change in the rate of exchange prevailing between the Judgment Currency Conversion Date and the date of actual payment of the amount due, the Parent Borrower, each Subsidiary Term Borrower Loan Party jointly and each Foreign Subsidiary Borrower, as the case may be, severally covenants and agrees to pay, or cause to be paid, such additional amounts, if any (but in any event not a lesser amount), as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the rate of exchange prevailing on the date of payment, will produce the amount of dollars the Obligation Currency which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial award at the rate of or exchange prevailing on the Judgment Currency Conversion Date.
(c) For purposes of determining the dollar equivalent any rate of the Judgment Currencyexchange for this Section 11.21, such amounts shall include any premium and costs payable in connection with the purchase of dollarsthe Obligation Currency.
Appears in 2 contracts
Samples: Credit Agreement (International Seaways, Inc.), Credit Agreement (International Seaways, Inc.)
Judgment Currency. (a) The obligations Each Borrower’s obligation hereunder of the Parent Borrower, the Subsidiary Term Borrowers and the Foreign Subsidiary Borrowers and under the other Loan Documents to make payments in dollars (i) Dollars, (ii) Canadian Dollars (iii) Sterling or (iv) Euros (in any such case, the “Obligation Currency”) shall not be discharged or satisfied by any tender or recovery pursuant to any judgment expressed in or converted into any currency other than dollarsthe Obligation Currency, except to the extent that such tender or recovery results in the effective receipt by the Administrative Agent, the Collateral Agent respective Issuing Bank or a the respective Lender of the full amount of dollars the Obligation Currency expressed to be payable to the Administrative Agent, Collateral Agent such Issuing Bank or such Lender under this Agreement or the other Loan Documents. If, for the purpose of obtaining or enforcing judgment against the Parent Borrower, any Subsidiary Term Borrower, any Foreign Subsidiary Borrower or any other Loan Party in any court or in any jurisdiction, it becomes necessary to convert into or from any currency other than dollars the Obligation Currency (such other currency being hereinafter referred to as the “Judgment Currency”) an amount due in dollarsthe Obligation Currency, each party hereto agrees, to the fullest extent that it may effectively do so, that conversion shall be made at the rate of exchange used shall be that at whichquoted by the Administrative Agent, determined, in accordance with normal banking procedures in the relevant jurisdiction, the first currency could be purchased with such other currencyeach case, as of the date immediately preceding the day on which the judgment is given (such Business Day being hereinafter referred to as the “Judgment Currency Conversion Date”).
(b) If there is a change in the rate of exchange prevailing between the Judgment Currency Conversion Date and the date of actual payment of the amount due, each of the Parent US Borrower, each Subsidiary Term the Canadian Borrower and each Foreign Subsidiary Borrower, as the case may be, UK Borrower covenants and agrees to pay, or cause to be paid, such additional amounts, if any (but in any event not a lesser amount), as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the rate of exchange prevailing on the date of payment, will produce the amount of dollars which the Obligation Currency that could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial award at the rate of exchange prevailing on the Judgment Currency Conversion Date.
(c) For purposes of determining the dollar equivalent any rate of the Judgment Currencyexchange for this Section 9.21, such amounts shall include any premium and costs payable in connection with the purchase of dollarsthe Obligation Currency.
Appears in 2 contracts
Samples: Amendment and Restatement Agreement (Compass Minerals International Inc), Credit Agreement (Compass Minerals International Inc)
Judgment Currency. (a) The obligations hereunder of the Parent Borrower, the Subsidiary Term Borrowers and the Foreign Subsidiary Borrowers and Borrower under the other Loan Documents to make payments in dollars or an Alternative Currency, as the case may be (the “Obligation Currency”), shall not be discharged or satisfied by any tender or recovery pursuant to any judgment expressed in or converted into any currency other than dollarsthe Obligation Currency, except to the extent that such tender or recovery results in the effective receipt by the Administrative Agent, the Collateral Agent or a Lender of the full amount of dollars the Obligation Currency expressed to be payable to the Administrative Agent, Collateral Agent or Lender under this Agreement or the other Loan Documents. If, for the purpose of obtaining or enforcing judgment against the Parent Borrower, any Subsidiary Term Borrower, any Foreign Subsidiary Borrower or any other Loan Party in any court or in any jurisdiction, it becomes necessary to convert into or from any currency other than dollars the Obligation Currency (such other currency being hereinafter referred to as the “Judgment Currency”) an amount due in dollarsthe Obligation Currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used conversion shall be that made, at whichthe Dollar Equivalent of such amount, in accordance with normal banking procedures in the relevant jurisdiction, the first currency could be purchased with such other currencyeach case, as of the date immediately preceding the day on which the judgment is given (such Business Day being hereinafter referred to as the “Judgment Currency Conversion Date”).
(b) If there is a change in the rate of exchange prevailing between the Judgment Currency Conversion Date and the date of actual payment of the amount due, the Parent Borrower, each Subsidiary Term Borrower and each Foreign Subsidiary Borrower, as the case may be, covenants and agrees to pay, or cause to be paid, such additional amounts, if any (but in any event not a lesser amount), as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the rate of exchange prevailing on the date of payment, will produce the amount of dollars the Obligation Currency which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial award at the rate of exchange prevailing on the Judgment Currency Conversion Date.
(c) . The Borrower shall indemnify and save the Administrative Agent and the Lenders harmless from and against all loss or damage arising as a result of such deficiency. This indemnity shall constitute an obligation separate and independent from the other obligations contained in this Agreement and the other Loan Documents, shall give rise to a separate and independent cause of action, shall apply irrespective of any indulgence granted by the Administrative Agent from time to time and shall continue in full force and effect notwithstanding any judgment or order for a liquidated sum in respect of an amount due under this Agreement or any other Loan Document or under any judgment or order. For purposes of determining the dollar equivalent of the Judgment CurrencyDollar Equivalent, such amounts shall include any premium and costs payable in connection with the purchase of dollarsthe Obligation Currency.
Appears in 2 contracts
Samples: Credit Agreement (NRG Energy, Inc.), Credit Agreement (NRG Energy, Inc.)
Judgment Currency. (a) The Each Loan Party’s obligations hereunder of the Parent Borrower, the Subsidiary Term Borrowers and the Foreign Subsidiary Borrowers and under the other Loan Documents to make payments in dollars the applicable Approved Currency (pursuant to such obligation, the “Obligation Currency”) shall not be discharged or satisfied by any tender or recovery pursuant to any judgment expressed in or converted into any currency other than dollarsthe Obligation Currency, except to the extent that such tender or recovery results in the effective receipt by the Administrative Agent, the Collateral Funding Agent or a the respective Lender of the full amount of dollars the Obligation Currency expressed to be payable to the Administrative Agent, Collateral Funding Agent or such Lender under this Agreement or the other Loan Documents. If, for the purpose of obtaining or enforcing judgment against the Parent Borrower, any Subsidiary Term Borrower, any Foreign Subsidiary Borrower or any other Loan Party in any court or in any jurisdiction, it becomes necessary to convert into or from any currency other than dollars the Obligation Currency (such other currency being hereinafter referred to as the “Judgment Currency”) an amount due in dollarsthe Obligation Currency, each party hereto agreesthe conversion shall be made at the Relevant Currency Equivalent, to and in the fullest extent that it may effectively do socase of other currencies, that the rate of exchange used shall be that at which(as quoted by the Funding Agent or if the Funding Agent does not quote a rate of exchange on such currency, by a known dealer in such currency designated by the Funding Agent) determined, in accordance with normal banking procedures in the relevant jurisdiction, the first currency could be purchased with such other currencyeach case, as of the date Business Day immediately preceding the day on which the judgment is given (such Business Day being hereinafter referred to as the “Judgment Currency Conversion Date”).
(b) If there is a change in the rate of exchange prevailing between the Judgment Currency Conversion Date and the date of actual payment of the amount due, the Parent Borrower, each Subsidiary Term Borrower and each Foreign Subsidiary Borrower, as the case may be, covenants and agrees to pay, or cause to be paid, such additional amounts, if any (but in any event not a lesser amount), ) as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the rate of exchange prevailing on the date of payment, will produce the amount of dollars the Obligation Currency which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial award at the rate of exchange prevailing on the Judgment Currency Conversion Date.
(c) For purposes of determining the dollar equivalent Relevant Currency Equivalent or any other rate of the Judgment Currencyexchange for this Section 11.18, such amounts shall include any premium and costs payable in connection with the purchase of dollarsthe Obligation Currency.
Appears in 2 contracts
Samples: Credit Agreement (Novelis South America Holdings LLC), Credit Agreement (Novelis Inc.)
Judgment Currency. (a) The Loan Parties’ obligations hereunder of the Parent Borrower, the Subsidiary Term Borrowers and the Foreign Subsidiary Borrowers and under the other Loan Documents to make payments in dollars the respective Available Currency (the “Obligation Currency”) shall not be discharged or satisfied by any tender or recovery pursuant to any judgment expressed in or converted into any currency other than dollarsthe Obligation Currency, except to the extent that such tender or recovery results in the effective receipt by the Administrative Agent, the Collateral Agent Security Agent, the respective Issuing Lender or a the respective Lender of the full amount of dollars the Obligation Currency expressed to be payable to the Administrative Agent, Collateral Agent the Security Agent, such Issuing Lender or such Lender under this Agreement or the other Loan Documents. If, If for the purpose of obtaining or enforcing judgment against the Parent Borrower, any Subsidiary Term Borrower, any Foreign Subsidiary Borrower or any other Loan Party in any court or in any jurisdiction, it becomes necessary to convert into or from any currency other than dollars the Obligation Currency (such other currency being hereinafter referred to as the “Judgment Currency”) an amount due in dollarsthe Obligation Currency, each party hereto agreesthe conversion shall be made, to the fullest extent that it may effectively do so, that at the rate of exchange used shall be that at which(as quoted by the Administrative Agent or if the Administrative Agent does not quote a rate of exchange on such currency, by a known dealer in such currency designated by the Administrative Agent) determined, in accordance with normal banking procedures in the relevant jurisdiction, the first currency could be purchased with such other currencyeach case, as of the date immediately preceding the day on which the judgment is given (such Business Day day being hereinafter referred to as the “Judgment Currency Conversion Date”).
(b) If there is a change in the rate of exchange prevailing between the Judgment Currency Conversion Date and the date of actual payment of the amount due, the Parent Borrower, each Subsidiary Term Borrower and each Foreign Subsidiary Borrower, as the case may be, covenants and agrees to pay, or cause to be paid, such additional amounts, if any (but in any event not a lesser amount), as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the rate of exchange prevailing on the date of payment, will produce the amount of dollars the Obligation Currency which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial award at the rate of or exchange prevailing on the Judgment Currency Conversion Date.
(c) For purposes of determining the dollar equivalent any rate of the Judgment Currencyexchange for this Section, such amounts shall include any premium and costs payable in connection with the purchase of dollarsthe Obligation Currency.
Appears in 2 contracts
Samples: Abl Credit Agreement (Smurfit Stone Container Corp), Abl Credit Agreement (Smurfit Stone Container Corp)
Judgment Currency. (a1) The Each Obligor’s obligations hereunder of the Parent Borrower, the Subsidiary Term Borrowers and the Foreign Subsidiary Borrowers and under the other Loan Documents to make payments to a Secured Creditor in dollars the specified currency (such currency being herein called the “Obligation Currency”) shall not be discharged or satisfied by any tender or recovery pursuant to any judgment expressed in or converted into any currency other than dollarsthe Obligation Currency, except to the extent that such tender or recovery results in the effective receipt by the Administrative Agent, the Collateral Agent or a Lender the respective Secured Creditor of the full amount of dollars the Obligation Currency expressed to be payable to the Administrative Agent, the Collateral Agent or Lender such other Secured Creditor under this Agreement or the other Loan Credit Documents, as applicable. If, If for the purpose of obtaining or enforcing judgment against the Parent Borrower, any Subsidiary Term Borrower, any Foreign Subsidiary Borrower or any other Loan Party Obligor in any court or in any jurisdiction, it becomes necessary to convert into or from any currency other than dollars the Obligation Currency (such other currency being hereinafter referred to as the “Judgment Currency”) an amount due in dollarsthe Obligation Currency, each party hereto agreesthe conversion shall be made at the Relevant Currency Equivalent thereof or, to in the fullest extent that it may effectively do socase of a conversion into currencies other than Dollars or a Primary Alternate Currency, that the rate of exchange used shall be that at which(quoted by the Agent) or if the Agent does not quote a rate of exchange on such currency, by a known dealer in such currency designated by the Agent) determined, in accordance with normal banking procedures in the relevant jurisdiction, the first currency could be purchased with such other currencyeach case, as of the date immediately preceding the day on which the judgment is given (such Business Day being hereinafter referred to as the “Judgment Currency Conversion Date”).
(b2) If there is a change in the rate of exchange prevailing between the Judgment Currency Conversion Date and the date of actual payment of the amount due, the Parent Borrower, each Subsidiary Term Borrower and each Foreign Subsidiary Borrower, as the case may be, Obligor covenants and agrees to pay, or cause to be paid, such additional amounts, if any (but in any event not a lesser amount), as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the rate of exchange prevailing on the date of payment, will produce the amount of dollars the Obligation Currency which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial award at the rate of or exchange prevailing on the Judgment Currency Conversion Date.
(c3) For purposes of determining the dollar equivalent Relevant Currency Equivalent or any other rate of the Judgment Currencyexchange for this Section 6.15, such amounts shall include any premium and costs payable in connection with the purchase of dollarsthe Obligation Currency.
(4) For purposes of the Interest Act (Canada), whenever any interest or fee under this Agreement is to be calculated on the basis of any period of time that is less than the actual number of days in the year (the “Lesser Period”), the yearly rate of interest or fee to which the rate used in such calculation is equivalent is the rate so used multiplied by the actual number of days in the calendar year in which the same is to be ascertained and divided by the number of days in the Lesser Period. The rates of interest under this Agreement are nominal rates, and not effective rates or yields. The principle of deemed reinvestment of interest does not apply to any interest calculation under this Agreement.
Appears in 2 contracts
Samples: Credit Agreement (Silgan Holdings Inc), Credit Agreement (Silgan Holdings Inc)
Judgment Currency. (a) The Credit Parties' obligations hereunder of the Parent Borrower, the Subsidiary Term Borrowers and the Foreign Subsidiary Borrowers and under the other Loan Credit Documents to make payments in dollars Dollars shall not be discharged or satisfied by any tender or recovery pursuant to any judgment expressed in or converted into any currency other than dollarsDollars, except to the extent that such tender or recovery results in the effective receipt by the Administrative Agent, the Collateral Agent or a the respective Lender of the full amount of dollars Dollars expressed to be payable to the Administrative Agent, Collateral Agent or such Lender under this Agreement or the other Loan Credit Documents. If, If for the purpose of obtaining or enforcing judgment against the Parent Borrower, any Subsidiary Term Borrower, any Foreign Subsidiary Borrower or any other Loan Credit Party in any court or in any jurisdiction, it becomes necessary to convert into or from any currency other than dollars Dollars (such other currency being hereinafter referred to as the “"Judgment Currency”") an amount due in dollarsDollars, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used conversion shall be that made, at whichthe Dollar Equivalent thereof determined, in accordance with normal banking procedures in the relevant jurisdictioneach case, the first currency could be purchased with such other currency, as of the date immediately preceding on the day on which the judgment is given (such Business Day being hereinafter referred to as the “"Judgment Currency Conversion Date”").
(b) If there is a change in the rate of exchange prevailing between the Judgment Currency Conversion Date and the date of actual payment of the amount due, the Parent Borrower, each Subsidiary Term Borrower Borrowers jointly and each Foreign Subsidiary Borrower, as the case may be, covenants severally covenant and agrees agree to pay, or cause to be paid, such additional amounts, if any (but in any event not a lesser amount), ) as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the rate of exchange prevailing on the date of payment, will produce the amount of dollars Dollars which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial award at the rate of or exchange prevailing on the Judgment Currency Conversion Date.
(c) For purposes of determining the dollar equivalent Dollar Equivalent or any other rate of the Judgment Currencyexchange for this Section, such amounts shall include any premium and costs payable in connection with the purchase of dollarsDollars.
Appears in 2 contracts
Samples: Credit Agreement (Furniture Brands International Inc), Credit Agreement (Furniture Brands International Inc)
Judgment Currency. (a) The obligations hereunder of the Parent Borrower, the Subsidiary Term Borrowers and the Foreign Subsidiary Borrowers Borrower hereunder and under the other Loan Documents to make payments in dollars Dollars or Euros, as the case may be (the “Obligation Currency”), shall not be discharged or satisfied by any tender or recovery pursuant to any judgment expressed in or converted into any currency other than dollarsthe Obligation Currency, except to the extent that such tender or recovery results in the effective receipt by the Administrative Agent, the Collateral Agent or a Lender of the full amount of dollars the Obligation Currency expressed to be payable to the Administrative Agent, Collateral Agent or Lender under this Agreement or the other Loan Loans Documents. If, for the purpose of obtaining or enforcing judgment against the Parent Borrower, any Subsidiary Term Borrower, any Foreign Subsidiary Borrower or any other Loan Party in any court or in any jurisdiction, it becomes necessary to convert into or from any currency other than dollars the Obligation Currency (such other currency being hereinafter referred to as the “Judgment Currency”) an amount due in dollarsthe Obligation Currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used conversion shall be that made, at whichthe Dollar Equivalent of such amount, in accordance with normal banking procedures in the relevant jurisdiction, the first currency could be purchased with such other currencyeach case, as of the date immediately preceding the day on which the judgment is given (such Business Day being hereinafter referred to as the “Judgment Currency Conversion Date”).
(b) If there is a change in the rate of exchange prevailing between the Judgment Currency Conversion Date and the date of actual payment of the amount due, the Parent Borrower, each Subsidiary Term Borrower and each Foreign Subsidiary Borrower, as the case may be, covenants and agrees to pay, or cause to be paid, such additional amounts, if any (but in any event not a lesser amount), as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the rate of exchange prevailing on the date of payment, will produce the amount of dollars the Obligation Currency which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial award at the rate of exchange prevailing on the Judgment Currency Conversion Date.
(c) . For purposes of determining the dollar equivalent of the Judgment CurrencyDollar Equivalent, such amounts shall include any premium and costs payable in connection with the purchase of dollarsthe Obligation Currency.
Appears in 2 contracts
Samples: Credit Agreement (MacDermid Group Inc.), Credit Agreement (MacDermid Group Inc.)
Judgment Currency. (a) The Credit Parties' obligations hereunder of the Parent Borrower, the Subsidiary Term Borrowers and the Foreign Subsidiary Borrowers and under the other Loan Credit Documents to make payments in dollars the respective Applicable Currency (the "Obligation Currency") shall not be discharged or satisfied by any tender or recovery pursuant to any judgment expressed in or converted into any currency other than dollarsthe Obligation Currency, except to the extent that such tender or recovery results in the effective receipt by the Administrative Agent, the Collateral Agent or a the respective Lender of the full amount of dollars the Obligation Currency expressed to be payable to the Administrative Agent, the Collateral Agent or such Lender under this Agreement or the other Loan Credit Documents. If, If for the purpose of obtaining or enforcing judgment against the Parent Borrower, any Subsidiary Term Borrower, any Foreign Subsidiary Borrower or any other Loan Credit Party in any court or in any jurisdiction, it becomes necessary to convert into or from any currency other than dollars the Obligation Currency (such other currency being hereinafter referred to as the “"Judgment Currency”") an amount due in dollarsthe Obligation Currency, each party hereto agreesthe conversion shall be made, to at the fullest extent that it Euro Equivalent or the Dollar Equivalent thereof, as the case may effectively do sobe, that and, in the case of other currencies, the rate of exchange used shall be that at which(as quoted by the Administrative Agent or if the Administrative Agent does not quote a rate of exchange on such currency, by a known dealer in such currency designated by the Administrative Agent) determined, in accordance with normal banking procedures in the relevant jurisdiction, the first currency could be purchased with such other currencyeach case, as of the date immediately preceding the day on which the judgment is given (such Business Day day being hereinafter referred to as the “"Judgment Currency Conversion Date”").
(b) If there is a change in the rate of exchange prevailing between the Judgment Currency Conversion Date and the date of actual payment of the amount due, the Parent Borrower, each Subsidiary Term Borrower and each Foreign Subsidiary Borrower, as the case may be, covenants and agrees to pay, or cause to be paid, such additional amounts, if any (but in any event not a lesser amount), as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the rate of exchange prevailing on the date of payment, will produce the amount of dollars the Obligation Currency which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial award at the rate of or exchange prevailing on the Judgment Currency Conversion Date.
(c) For purposes of determining the dollar equivalent Dollar Equivalent or the Euro Equivalent or any other rate of the Judgment Currencyexchange for this Section, such amounts shall include any premium and costs payable in connection with the purchase of dollarsthe Obligation Currency.
Appears in 2 contracts
Samples: Credit Agreement (Dole Food Company Inc), Credit Agreement (Dole Food Company Inc)
Judgment Currency. (a) The Borrowers' obligations hereunder of the Parent and each Borrower, the Subsidiary Term Borrowers 's and the Foreign Subsidiary Borrowers and other Loan Parties' obligations under the other Loan Documents to make payments in dollars Dollars (the "Obligation Currency") shall not be discharged or satisfied by any tender or recovery pursuant to any judgment expressed in or converted into any currency other than dollarsthe Obligation Currency, except to the extent that such tender or recovery results in the effective receipt by the Administrative Agent, the Collateral Agent or a Lender of the full amount of dollars the Obligation Currency expressed to be payable to the Administrative Agent, the Collateral Agent or such Lender under this Agreement or the other Loan Documents. If, for the purpose of obtaining or enforcing judgment against the Parent Borrower, any Subsidiary Term Borrower, any Foreign Subsidiary Borrower or any other Loan Party in any court or in any jurisdiction, it becomes necessary to convert into or from any currency other than dollars the Obligation Currency (such other currency being hereinafter referred to as the “"Judgment Currency”") an amount due in dollarsthe Obligation Currency, each party hereto agreesthe conversion shall be made, to the fullest extent that it may effectively do so, that at the rate of exchange used shall be that at which(as quoted by the Administrative Agent or, if the Administrative Agent does not quote a rate of exchange on such currency, by a known dealer in such currency designated by the Administrative Agent) determined, in accordance with normal banking procedures in the relevant jurisdiction, the first currency could be purchased with such other currencyeach case, as of the date immediately preceding the day on which the judgment is given (such Business Day being hereinafter referred to as the “"Judgment Currency Conversion Date”").
(b) If there is a change in the rate of exchange prevailing between the Judgment Currency Conversion Date and the date of actual payment of the amount due, the Parent Borrower, each Subsidiary Term Borrower Borrowers covenant and each Foreign Subsidiary Borrower, as the case may be, covenants and agrees agree to pay, or cause to be paid, such additional amounts, if any (but in any event not a lesser amount), as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the rate of exchange prevailing on the date of payment, will produce the amount of dollars which the Obligation Currency that could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial award at the rate of exchange prevailing on the Judgment Currency Conversion Date.
(c) For purposes of determining the dollar equivalent rate of the Judgment Currencyexchange for this Section, such amounts shall include any premium and costs payable in connection with the purchase of dollarsthe Obligation Currency.
Appears in 2 contracts
Samples: Credit Agreement (Seagate Technology Malaysia Holding Co Cayman Islands), Credit Agreement (Veritas Software Technology Corp)
Judgment Currency. (a) The obligations hereunder of the Parent Borrower, the Subsidiary Term Borrowers and the Foreign Subsidiary Borrowers and under the other Loan Documents to make payments in dollars shall not be discharged or satisfied by any tender or recovery pursuant to Carrier agrees that any judgment expressed concerning this Agreement granted in or converted into any currency other than dollars, except to the extent that such tender or recovery results favor of Member shall be paid in the effective receipt by the Administrative Agent, the Collateral Agent or a Lender of the full amount of dollars expressed to be payable to the Administrative Agent, Collateral Agent or Lender under this Agreement or the other Loan Documents. If, for the purpose of obtaining or enforcing currency such judgment against the Parent Borrower, any Subsidiary Term Borrower, any Foreign Subsidiary Borrower or any other Loan Party is rendered in any court or in any jurisdiction, it becomes necessary to convert into or from any currency other than dollars (such other currency being hereinafter referred to as the “Judgment Currency”) an amount due ). If Carrier fails to pay a judgment as described in dollarsthe preceding sentence, each party hereto agrees, Carrier agrees to the fullest extent that it may effectively do so, that indemnify Member against any loss incurred by Member as a result of the rate of exchange used shall be that at whichwhich any amount recovered against Carrier (by way of recoupment, in accordance with normal banking procedures in the relevant jurisdiction, the first currency could be purchased with such other currency, as of the date immediately preceding the day on which the judgment setoff or otherwise) is given (such Business Day being hereinafter referred converted to as the “Judgment Currency Conversion Date”).
(b) If there is a change in the rate of exchange prevailing between the Judgment Currency Conversion Date and the date of actual payment of the amount due, the Parent Borrower, each Subsidiary Term Borrower and each Foreign Subsidiary Borrower, as the case may be, covenants and agrees to pay, or cause to be paid, such additional amounts, if any (but in any event not a lesser amount), as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the . The foregoing indemnity shall constitute a separate and independent obligation of Carrier and shall apply irrespective of any indulgence granted to Carrier from time to time and shall continue in full force and effect notwithstanding any such judgment or order as aforesaid. The term “rate of exchange prevailing on the date of payment, will produce the amount of dollars which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial award at the rate of exchange prevailing on the Judgment Currency Conversion Date.
(c) For purposes of determining the dollar equivalent of the Judgment Currency, such amounts exchange” shall include any premium premiums and costs of exchange payable in connection with the purchase of, or conversion into, the relevant currency. Days that United States government offices and agencies are not open (weekends and federal holidays) will affect settlement times. *****Confidential portions of dollarsthe material have been omitted and filed separately with the Securities and Exchange Commission. *****Confidential portions of the material have been omitted and filed separately with the Securities and Exchange Commission. This schedule is the Fee Schedule to the Amended and Restated Signatory Agreement, dated as of November 5, 2013 (the “Signatory Agreement”). References to “the Agreement” and “this Agreement” shall mean the Signatory Agreement, together with the Master Terms of Service incorporated therein (the “MTOS”) and all Schedules, Exhibits and other attachments to the Signatory Agreement and the MTOS. Carrier agrees to pay Member charges for transactions according to the following processing fee schedule. Member will edit all submissions and qualify Carrier for the best available Card Association interchange rate based on the date provided by Carrier, subject to submission of Sales Records in the format required by the Agreement. All dollar references shall be deemed to be to the applicable settlement currency identified in the Agreement. All terms not otherwise defined herein that are capitalized and used herein shall have the meanings given to them in the Agreement.
A. Other than with respect to ***** Transactions, interchange percentage and per item fees shall be calculated on ***** Card Sales and ***** Card Transactions, respectively, and shall be in the percentages and amounts published by the applicable Card Associations from time to time. *****
B. Other than with respect to ***** Transactions, Card Association assessments shall be calculated on ***** Card Sales and/or ***** Card Transactions in the amounts published by the applicable Card Associations from time to time.
C. Other than with respect to ***** Transactions, in addition to the amounts due under Sections A and B above, Carrier shall pay Member a fee of (i) ***** on Gross Card Sales submitted by Carrier in an applicable period and (ii) ***** per item on Gross Card Transactions during such period.
D. Subject to Section I below, a fee for all ***** Transactions is currently set at ***** of all ***** Transaction Sales during the applicable period. ***** Subject to Section I below, in addition, Carrier shall be charged a ***** per item fee based upon ***** Transactions. *****
E. If paper Sales Records or Credit Records are submitted to Member for processing, an additional ***** per item fee will be assessed.
F. Voice authorizations shall be passed through to Carrier at ***** per item or via “Automated Response Unit (ARU)” at ***** per item via an operator and ***** per item for address verification service (“AVS”).
G. Card Authorization and data capture costs will be passed through to Carrier at Member’s cost. The cost of Authorizations will depend upon the method used for obtaining Authorizations.
H. Member will assess a ***** handling fee for each and every Chargeback received by Member during any ***** period in which there is at least a ***** ratio of Chargebacks received by Member to net sales volume. Carrier acknowledges and agrees that such fees constitute reasonable compensation to *****Confidential portions of the material have been omitted and filed separately with the Securities and Exchange Commission. Member for the services provided Member in connection with the handling of Chargebacks, taking into account, among other things, the costs and expenses, whether direct or indirect, and whether out-of-pocket or attributable to an increased administrative burden, incurred or suffered by Member as a result of such Chargeback activity. As an accommodation to Carrier, Member will charge the handling fee specified herein only when the ratio of Chargebacks to net sales volume equals or exceeds ***** during any applicable period.
I. The rates, fees and assessments specified above (other than the fee set forth in (C)) also will be adjusted from time to time to reflect and correspond to increases or decreases in applicable rates, fees and assessments established and levied by the Card Associations or by third-party vendors that provide Authorization services. *****Confidential portions of the material have been omitted and filed separately with the Securities and Exchange Commission. This Exposure Protection Schedule is to the Amended and Restated Signatory Agreement, dated as of November 5, 2013 (the “Signatory Agreement”). References to “the Agreement” and “this Agreement” shall mean the Signatory Agreement, together with the Master Terms of Service incorporated therein (the “MTOS”) and all Schedules, Exhibits and other attachments to the Signatory Agreement and the MTOS.
Appears in 2 contracts
Samples: Signatory Agreement (Frontier Group Holdings, Inc.), Signatory Agreement (Frontier Group Holdings, Inc.)
Judgment Currency. (a) The obligations hereunder of the Parent Borrower, the Subsidiary Term Borrowers and the Foreign Subsidiary Borrowers and under the other Loan Documents Borrower to make payments in dollars Dollars or in an Alternative Currency, as the case may be (the “Obligation Currency”), shall not be discharged or satisfied by any tender or recovery pursuant to any judgment expressed in or converted into any currency other than dollarsthe Obligation Currency, except to the extent that such tender or recovery results in the effective receipt by the Administrative Agent, the Collateral Agent or a Lender of the full amount of dollars the Obligation Currency expressed to be payable to the Administrative Agent, Collateral Agent or such Lender under this Agreement or the other Loan Documents. If, for the purpose of obtaining or enforcing judgment against the Parent BorrowerParent, any Subsidiary Term Borrower, any Foreign Subsidiary the Borrower or any other Loan Party in any court or in any jurisdiction, it becomes necessary to convert into or from any currency other than dollars the Obligation Currency (such other currency being hereinafter thereinafter referred to as the “Judgment Currency”) an amount due in dollarsthe Obligation Currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used conversion shall be that made, at which, in accordance with normal banking procedures in the relevant jurisdiction, the first currency could be purchased with Currency Equivalent of such other currencyamount, as of the date immediately preceding the day on which the judgment is given (such Business Day being hereinafter referred to as the “Judgment Currency Conversion Date”).
(bA) If there is a change in the rate of exchange prevailing between the Judgment Currency Conversion Date and the date of actual payment of the amount due, the Parent Borrower, each Subsidiary Term Borrower and each Foreign Subsidiary or the Borrower, as the case may be, covenants and agrees to pay, or cause to be paid, such additional amounts, if any (but in any event not a lesser amount), as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the rate of exchange prevailing on the date of payment, will produce the amount of dollars the Obligation Currency which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial award at the rate of exchange prevailing on the Judgment Currency Conversion Date.
(cB) For purposes of determining the dollar equivalent of the Judgment CurrencyCurrency Equivalent under this Section 9.11, such amounts shall include any premium and costs payable in connection with the purchase of dollarsthe Obligation Currency.
Appears in 2 contracts
Samples: Revolving Credit Agreement (American Axle & Manufacturing Holdings Inc), Revolving Credit Agreement (American Axle & Manufacturing Holdings Inc)
Judgment Currency. (a) The Each Loan Party’s obligations hereunder of the Parent Borrower, the Subsidiary Term Borrowers and the Foreign Subsidiary Borrowers and under the other Loan Documents to make payments in dollars Dollars (the “Obligation Currency”) shall not be discharged or satisfied by any tender or recovery pursuant to any judgment expressed in or converted into any currency other than dollarsthe Obligation Currency, except to the extent that such tender or recovery results in the effective receipt by the Administrative Agent, the Collateral Agent or a the respective Lender of the full amount of dollars the Obligation Currency expressed to be payable to the Administrative Agent, Collateral Agent or such Lender under this Agreement or the other Loan Documents. If, for the purpose of obtaining or enforcing judgment against the Parent Borrower, any Subsidiary Term Borrower, any Foreign Subsidiary Borrower or any other Loan Party in any court or in any jurisdiction, it becomes necessary to convert into or from any currency other than dollars the Obligation Currency (such other currency being hereinafter referred to as the “Judgment Currency”) an amount due in dollarsthe Obligation Currency, each party hereto agrees, to the fullest extent that it may effectively do so, that conversion shall be made at the spot selling rate at which the Administrative Agent (or if the Administrative Agent does not quote a rate of exchange used shall be that at whichon such currency, by a known dealer in accordance with normal banking procedures such currency designated by the Administrative Agent) offers to sell such Judgment Currency for the Obligation Currency in the relevant jurisdiction, the first currency could be purchased with London foreign exchange market at approximately 11:00 a.m. London time on such other currency, as of the date immediately preceding the day on which the judgment is given for delivery two (2) Business Days later (such Business Day date of determination of such spot selling rate, being hereinafter referred to as the “Judgment Currency Conversion Date”).
(b) If there is a change in the rate of exchange prevailing between the Judgment Currency Conversion Date and the date of actual payment of the amount due, the Parent Borrower, each Subsidiary Term Borrower and each Foreign Subsidiary Borrower, as the case may be, covenants and agrees to pay, or cause to be paid, such additional amounts, if any (but in any event not a lesser amount), ) as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the rate of exchange prevailing on the date of payment, will produce the amount of dollars the Obligation Currency which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial award at the rate of exchange prevailing on the Judgment Currency Conversion Date.
(c) For purposes of determining the dollar equivalent any rate of the Judgment Currencyexchange for this Section 11.18, such amounts shall include any premium and costs payable in connection with the purchase of dollarsthe Obligation Currency.
Appears in 2 contracts
Samples: Credit Agreement (Novelis Inc.), Credit Agreement (Novelis South America Holdings LLC)
Judgment Currency. (ai) The obligations hereunder of the Parent Borrower, the Subsidiary Term Borrowers and the Foreign Subsidiary Borrowers Co-Borrower hereunder and under the other Loan Credit Documents to make payments in dollars Dollars (the “Obligation Currency”), shall not be discharged or satisfied by any tender or recovery pursuant to any judgment expressed in or converted into any currency other than dollarsthe Obligation Currency, except to the extent that such tender or recovery results in the effective receipt by the Administrative Agent, the Collateral Agent or a Lender of the full amount of dollars the Obligation Currency expressed to be payable to the Administrative Agent, Collateral Agent or Lender under this Agreement or the other Loan Credit Documents. If, for the purpose of obtaining or enforcing judgment against the Parent Borrower, any Subsidiary Term Borrower, any Foreign Subsidiary Co-Borrower or any other Loan Party in any court or in any jurisdiction, it becomes necessary to convert into or from any currency other than dollars the Obligation Currency (such other currency being hereinafter referred to as the “Judgment Currency”) an amount due in dollarsthe Obligation Currency, each party hereto agreesthe conversion shall be made, to the fullest extent that it may effectively do so, that at the rate of exchange used shall be that at whichprevailing, in accordance with normal banking procedures in the relevant jurisdiction, the first currency could be purchased with such other currencyeach case, as of the date immediately preceding the day on which the judgment is given (such Business Day being hereinafter referred to as the “Judgment Currency Conversion Date”).
(bii) If there is a change in the rate of exchange prevailing between the Judgment Currency Conversion Date and the date of actual payment of the amount due, the Parent Borrower, each Subsidiary Term Co-Borrower and Goodyear each Foreign Subsidiary Borrower, as the case may be, covenants jointly and agrees severally covenant and agree to pay, or cause to be paid, such additional amounts, if any (but in any event not a lesser amount), as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the rate of exchange prevailing on the date of payment, will produce the amount of dollars the Obligation Currency which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial award at the rate of exchange prevailing on the Judgment Currency Conversion Date.
(ciii) For purposes of determining the dollar equivalent prevailing rate of the Judgment Currencyexchange, such amounts shall include any premium and costs payable in connection with the purchase of dollarsthe Obligation Currency.
Appears in 2 contracts
Samples: Second Lien Credit Agreement (Goodyear Tire & Rubber Co /Oh/), Second Lien Credit Agreement (Goodyear Tire & Rubber Co /Oh/)
Judgment Currency. (a) The obligations Each Loan Party’s obligation hereunder of the Parent Borrower, the Subsidiary Term Borrowers and the Foreign Subsidiary Borrowers and under the other Loan Documents to make payments in dollars (pursuant to such obligation, the “Obligation Currency”) shall not be discharged or satisfied by any tender or recovery pursuant to any judgment expressed in or converted into any currency other than dollarsthe Obligation Currency, except to the extent that such tender or recovery results in the effective receipt by the Administrative Agent, the Collateral Agent or a the respective Lender of the full amount of dollars the Obligation Currency expressed to be payable to the Administrative Agent, Collateral Agent or such Lender under this Agreement or the other Loan Documents. If, for the purpose of obtaining or enforcing judgment against the Parent Borrower, any Subsidiary Term Borrower, any Foreign Subsidiary Borrower or any other Loan Party in any court or in any jurisdiction, it becomes necessary to convert into or from any currency other than dollars the Obligation Currency (such other currency being hereinafter referred to as the “Judgment Currency”) an amount due in dollarsthe Obligation Currency, each party hereto agreesthe conversion shall be made at the Dollar Equivalent, to and in the fullest extent that it may effectively do socase of other currencies, that the rate of exchange used shall be that at which(as quoted by the Administrative Agent or if the Administrative Agent does not quote a rate of exchange on such currency, by a known dealer in such currency designated by the Administrative Agent) determined, in accordance with normal banking procedures in the relevant jurisdiction, the first currency could be purchased with such other currencyeach case, as of the date Business Day immediately preceding the day on which the judgment is given (such Business Day being hereinafter referred to as the “Judgment Currency Conversion Date”).
(b) If there is a change in the rate of exchange prevailing between the Judgment Currency Conversion Date and the date of actual payment of the amount due, the Parent Borrower, each Subsidiary Term Borrower and each Foreign Subsidiary Borrower, as the case may be, Loan Party covenants and agrees to pay, or cause to be paid, such additional amounts, if any (but in any event not a lesser amount), ) as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the rate of exchange prevailing on the date of payment, will produce the amount of dollars the Obligation Currency which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial award at the rate of exchange prevailing on the Judgment Currency Conversion Date.
(c) For the purposes of determining this Agreement, “Dollar Equivalent” shall mean, as to any amount denominated in a currency other than the dollar equivalent Obligation Currency as of any date of determination, the Judgment Currency, amount of dollars that would be required to purchase the amount of such amounts shall include any premium and costs payable other currency based upon the spot selling rate at which the Administrative Agent offers to sell such other currency for dollars in connection with the purchase of dollarsLondon foreign exchange market at approximately 11:00 a.m. London time on such date for delivery two (2) Business Days later.
Appears in 2 contracts
Samples: Credit Agreement (Nabors Industries LTD), Credit Agreement (Nabors Industries LTD)
Judgment Currency. (a) The obligations hereunder If any Agent, on behalf of the Parent Borrowerany Lender, the Subsidiary Term Borrowers and the Foreign Subsidiary Borrowers and under the other Loan Documents to make payments obtains a judgment or a judgment against a Borrower in dollars shall not be discharged or satisfied by any tender or recovery pursuant to any judgment expressed in or converted into any a currency other than dollarsDollars, except the obligations of such Borrower in respect of any sum adjudged to be due to the Agents or the Lenders hereunder or under any Notes (the “Judgment Amount”) shall be discharged only to the extent that such tender or recovery results in that, on the effective Business Day following receipt by such Agent of the Administrative Judgment Amount in such currency, such Agent, in accordance with normal banking procedures, purchases Dollars with the Collateral Judgment Amount in such currency. If the amount of 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 such Borrower to pay the sum originally due hereunder or under the Notes when (the “Original Due Date”) it was originally due and owing to such Agent or any Lender hereunder or under the Notes) was originally due and owing to such Agent or any Lender hereunder or under the Notes (the “Loss”), such Borrower agrees as a Lender of separate obligation and notwithstanding any such judgment, to indemnify such Agent or such Lender, as the full case may be, against the Loss, and if the amount of dollars expressed to be payable to Dollars so purchased exceeds the Administrative Agentamount of Dollars that could have been purchased with the Judgment Amount on the Original Due Date, Collateral such Agent or such Lender under this Agreement or the other Loan Documentsagrees to remit such excess to such Borrower. If, for the purpose of obtaining or enforcing judgment against the Parent Borrower, any Subsidiary Term Borrower, any Foreign Subsidiary Borrower or any other Loan Party in any court or in any jurisdiction, Where it becomes is necessary to convert a sum due to a Lender into or from any lawful currency other than dollars (such other currency being hereinafter referred to as of Canada, the “Judgment Currency”) an amount due in dollars, each party hereto agrees, Borrowers covenant and agree to the fullest extent that it they may effectively legally do so, that the rate of exchange used for purposes of conversion or for obtaining or enforcing a judgment in any court in Canada, shall be that the rate at which, which such Lender could purchase the same currency in accordance which the Borrowing was made to the Canadian Borrower from the Canadian Revolving Lenders with normal banking procedures in lawful money of Canada on the relevant jurisdiction, the first currency could be purchased with such other currency, as of Business Day preceding the date immediately preceding the day on which the conversion is to be made or the date on which a final judgment is given (such Business Day being hereinafter referred or the conversion is made, or if permitted by applicable law, on the date on which payment is made or the judgment is paid and satisfied. Where it is necessary to as convert a sum due to a Lender into lawful currency of any European Eligible Jurisdiction, the “Judgment Currency Conversion Date”).
(b) If there is a change in Borrowers covenant and agree to the fullest extent that they may legally do so, that the rate of exchange prevailing between used for purposes of conversion or for obtaining or enforcing a judgment in any court in such European Eligible Jurisdiction shall be the Judgment Currency Conversion Date and rate at which such Lender could purchase the same currency in which the Borrowing was made to the European Borrowers from the European Revolving Lenders with lawful money of such European Eligible Jurisdiction on the Business Day preceding the date of actual payment of on which the amount due, conversion is to be made or the Parent Borrower, each Subsidiary Term Borrower and each Foreign Subsidiary Borrower, as date on which a final judgment is given or the case may be, covenants and agrees to payconversion is made, or cause to be paidif permitted by applicable law, such additional amounts, if any (but in any event not a lesser amount), as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the rate of exchange prevailing on the date of payment, will produce the amount of dollars on which could have been purchased with the amount of Judgment Currency stipulated in payment is made or the judgment or judicial award at the rate of exchange prevailing on the Judgment Currency Conversion Dateis paid and satisfied.
(c) For purposes of determining the dollar equivalent of the Judgment Currency, such amounts shall include any premium and costs payable in connection with the purchase of dollars.
Appears in 1 contract
Judgment Currency. (a) The Credit Parties' obligations hereunder of the Parent Borrower, the Subsidiary Term Borrowers and the Foreign Subsidiary Borrowers and under the Letter of Credit Agreement and the other Loan Credit Documents to make payments in dollars a particular Currency (the "Obligation Currency") shall not be discharged or satisfied by any tender or recovery pursuant to any judgment expressed in or converted into any currency other than dollarsthe Obligation Currency, except to the extent that such tender or recovery actually results in the effective receipt by the Administrative AgentCo-Agents, the Collateral Agent or a Lender of the full amount of dollars the Obligation Currency expressed to be payable to the Administrative AgentCo-Agents, the Collateral Agent or such Lender under this Agreement Agreement, the Letter of Credit Agreement, or the other Loan Credit Documents. If, If for the purpose of obtaining or enforcing judgment against the Parent Borrower, any Subsidiary Term Borrower, any Foreign Subsidiary Borrower or any other Loan Credit Party in any court or in any jurisdiction, it becomes necessary to - 124 - convert into or from any currency other than dollars the Obligation Currency (such other currency being hereinafter referred to as the “"Judgment Currency”") an amount due in dollarsthe Obligation Currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used conversion shall be that at whichmade, and the Currency equivalent determined, in accordance with normal banking procedures in the relevant jurisdiction, the first currency could be purchased with such other currencyeach case, as of on the date day immediately preceding the day on which the judgment is given (such Business Day being hereinafter hereafter referred to as the “"Judgment Currency Conversion Date”").
(b) If there is a change in the rate of exchange prevailing between the Judgment Currency Conversion Date and the date of actual payment of the amount due, the Parent Borrower, each Subsidiary Term Borrower Credit Parties covenant and each Foreign Subsidiary Borrower, as the case may be, covenants and agrees agree to pay, or cause to be paid, such additional amounts, if any (but in any event not a lesser amount), as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the rate of exchange quoted by the Multicurrency Agent at its prevailing rate for such Currency exchange on the date of payment, will produce the amount of dollars the Obligation Currency which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial award at the rate of exchange prevailing on the Judgment Currency Conversion Date.
(c) For purposes of determining the dollar Currency equivalent of the Judgment Currencyfor this Section, such amounts shall include any premium and costs payable in connection with the purchase of dollarsthe Obligation Currency.
Appears in 1 contract
Samples: Credit Agreement (Interface Inc)
Judgment Currency. (a) The Reimbursement Parties’ obligations hereunder of the Parent Borrower, the Subsidiary Term Borrowers and the Foreign Subsidiary Borrowers and under the other Loan Reimbursement Documents to make payments in dollars Dollars (pursuant to such obligation, the “Obligation Currency”) shall not be discharged or satisfied by any tender or recovery pursuant to any judgment expressed in or converted into any currency other than dollarsthe Obligation Currency, except to the extent that such tender or recovery results in the effective receipt by the Administrative Agent, the Collateral Agent or a Lender CME Credit Guarantor of the full amount of dollars the Obligation Currency expressed to be payable to the Administrative Agent, Collateral Agent or Lender CME Credit Guarantor under this Agreement or the other Loan Reimbursement Documents. If, for the purpose of obtaining or enforcing judgment against the Parent Borrower, any Subsidiary Term Borrower, any Foreign Subsidiary Borrower or any other Loan Reimbursement Party in any court or in any jurisdiction, it becomes necessary to convert into or from any currency other than dollars the Obligation Currency (such other currency being hereinafter referred to as the “Judgment Currency”) an amount due in dollarsthe Obligation Currency, each party hereto agrees, to the fullest extent that it may effectively do so, that conversion shall be made at the rate of exchange used shall be that at which(as quoted by CME Credit Guarantor or if CME Credit Guarantor does not quote a rate of exchange on such currency, by a known dealer in such currency designated by CME Credit Guarantor) determined, in accordance with normal banking procedures in the relevant jurisdiction, the first currency could be purchased with such other currencyeach case, as of the date Business Day immediately preceding the day on which the judgment is given (such Business Day being hereinafter referred to as the “Judgment Currency Conversion Date”).
(b) If there is a change in the rate of exchange prevailing between the Judgment Currency Conversion Date and the date of actual payment of the amount due, the Parent Borrower, each Subsidiary Term Borrower Reimbursement Parties covenant and each Foreign Subsidiary Borrower, as the case may be, covenants and agrees agree to pay, or cause to be paid, either (i) such additional amounts, if any (but in any event not a lesser amount), ) as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the rate of exchange prevailing on the date of payment, will produce the amount of dollars the Obligation Currency which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial award at the rate of exchange prevailing on the Judgment Currency Conversion Date, or (ii) such amount, in the Obligation Currency, equal to the amount of the applicable judgment denominated in Judgment currency, converted to the Obligation Currency in accordance with the Judgment Currency Conversion Date.
(c) For purposes of determining the dollar equivalent rate of the Judgment Currencyexchange for this Section 8.14, such amounts shall include any premium and costs payable in connection with the purchase of dollarsthe Obligation Currency.
Appears in 1 contract
Samples: Reimbursement Agreement (Central European Media Enterprises LTD)
Judgment Currency. (a) The obligations Each Credit Party’s obligation hereunder of the Parent Borrower, the Subsidiary Term Borrowers and the Foreign Subsidiary Borrowers and under the other Loan Credit Documents to make payments in dollars Dollars or in the case of an Alternate Currency Loan or Alternate Currency Unpaid Drawing, the applicable Alternate Currency (in any such case, the “Obligation Currency”) shall not be discharged or satisfied by any tender or recovery pursuant to any judgment expressed in or converted into any currency other than dollarsthe Obligation Currency, except to the extent that such tender or recovery results in the effective receipt by the Administrative Agent, the Collateral Agent Agent, the respective Issuing Lender or a the respective Lender of the full amount of dollars the Obligation Currency expressed to be payable to the Administrative Agent, the Collateral Agent Agent, such Issuing Lender or such Lender under this Agreement or the other Loan Credit Documents. If, If for the purpose of obtaining or enforcing judgment against the Parent Borrower, any Subsidiary Term Borrower, any Foreign Subsidiary Borrower or any other Loan Credit Party in any court or in any jurisdiction, it becomes necessary to convert into or from any currency other than dollars the Obligation Currency (such other currency being hereinafter referred to as the “Judgment Currency”) an amount due in dollarsthe Obligation Currency, each party hereto agreesthe conversion shall be made, to at the fullest extent that it may effectively do soRelevant Currency Equivalent thereof or, that in the case of a conversion into currencies other than Dollars, Canadian Dollars or a Primary Alternate Currency, at the rate of exchange used shall be that at whichquoted by the Administrative Agent (or, if the Administrative Agent does not quote a rate of exchange on such currency, by a known dealer in such currency designated by the Administrative Agent), determined, in accordance with normal banking procedures in the relevant jurisdiction, the first currency could be purchased with such other currencyeach case, as of the date immediately preceding the day on which the judgment is given (such Business Day being hereinafter referred to as the “Judgment Currency Conversion Date”).
(b) If there is a change in the rate of exchange prevailing between the Judgment Currency Conversion Date and the date of actual payment of the amount due, the Parent Borrower, each Subsidiary Term respective Borrower or Borrowers covenant and each Foreign Subsidiary Borrower, as the case may be, covenants and agrees agree to pay, or cause to be paid, pay such additional amounts, if any (but in any event not a lesser amount), ) as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the rate of exchange prevailing on the date of payment, will produce the amount of dollars the Obligation Currency which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial award at the rate of exchange prevailing on the Judgment Currency Conversion Date.
(c) For purposes of determining the dollar equivalent Relevant Currency Equivalent or any other rate of the Judgment Currencyexchange for this Section 12.20, such amounts shall include any premium and costs payable in connection with the purchase of dollarsthe Obligation Currency.
Appears in 1 contract
Judgment Currency. (a) The Borrowers' obligations hereunder of the Parent Borrower, the Subsidiary Term Borrowers and the Foreign Subsidiary Borrowers and under the other Loan Documents to make payments in dollars U.S. Dollars or Alternate Currency, as applicable (the "Obligation Currency"), shall not be discharged or satisfied by any tender or recovery pursuant to any judgment expressed in or converted into any currency other than dollarsthe Obligation Currency, except to the extent that such tender or recovery results in the effective receipt by the Administrative Agent, the Collateral Agent or a Lender Lenders of the full amount of dollars the Obligation Currency expressed to be payable to the Administrative Agent, Collateral Agent or Lender Lenders under this Agreement or the other Loan Documents. If, If for the purpose of obtaining or enforcing judgment against the Parent Borrower, any Subsidiary Term Borrower, any Foreign Subsidiary Borrower or any other Loan Party in any court or in any jurisdiction, it becomes necessary to convert into or from any currency other than dollars the Obligation Currency (such other currency being hereinafter referred to as the “"Judgment Currency”") an amount due in dollarsthe Obligation Currency, each party hereto agrees, to the fullest extent that it may effectively do so, that conversion shall be made at the rate of exchange used shall be that at which(as quoted by the Administrative Agent or if the Administrative Agent does not quote a rate of exchange on such currency, by a known dealer in such currency designated by the Administrative Agent) determined, in accordance with normal banking procedures in the relevant jurisdiction, the first currency could be purchased with such other currencyeach case, as of the date day immediately preceding the day on which the judgment is given (such Business Day business day being hereinafter referred to as the “"Judgment Currency Conversion Date”").
(b) If there is a change in the rate of exchange prevailing between the Judgment Currency Conversion Date and the date of actual payment of the amount due, the Parent Borrower, each Subsidiary Term Borrower Borrowers covenant and each Foreign Subsidiary Borrower, as the case may be, covenants and agrees agree to pay, or cause to be paid, such additional amounts, if any (but in any event not a lesser amount), as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the rate of exchange prevailing on the date of payment, will produce the amount of dollars the Obligation Currency which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial award at the rate of exchange prevailing on the Judgment Currency Conversion Date. If a payment (when converted into the Obligation Currency) actually received by any Lender exceeds the amount due to such Lender hereunder, such Lender shall repay the excess to the Borrowers.
(c) For purposes of determining the dollar equivalent any rate of the Judgment Currencyexchange for this Section 13.26, such amounts shall include any premium and costs payable in connection with the purchase of dollarsthe Obligation Currency.
9. Amendment to Section 13.5 (Consent to Jurisdiction). The following language is hereby added at the end of Section 13.5 of the Credit Agreement: To the extent that any Borrower has or hereafter may: (i) acquire any immunity from jurisdiction of any court of the Commonwealth of Pennsylvania or any Federal court sitting in Philadelphia County, Pennsylvania or from any legal process out of any such court (whether through service or notice, attachment prior to judgment, attachment in aid of execution of judgment, execution of judgment or otherwise) with respect to itself or its property, or (ii) have any objection to the laying of the venue or of an inconvenient forum or any suit, action or proceeding, if brought in the Commonwealth of Pennsylvania or any Federal court sitting in any county in Philadelphia County, Pennsylvania under process served in accordance with this Credit Agreement or any Loan Document, each Borrower hereby irrevocably waives such immunity or objection in respect of any suit, action or proceeding arising out of or relating to any Loan Document.
Appears in 1 contract
Samples: Amended and Restated Credit Agreement (JLG Industries Inc)
Judgment Currency. (a) The Borrowers' obligations hereunder of the Parent Borrower, the Subsidiary Term Borrowers and the Foreign Subsidiary Borrowers and under the other Loan Credit Documents to make payments in dollars U.S. Dollars or the Alternate Currency (the "Obligation Currency") shall not be discharged or satisfied by any tender or recovery pursuant to any judgment expressed in or converted into any currency other than dollarsthe Obligation Currency, except to the extent that such tender or recovery results in the effective receipt by the Administrative Agent, the Collateral Agent or a the respective Lender of the full amount of dollars the Obligation Currency expressed to be payable to the Administrative Agent, Collateral Agent or such Lender under this Agreement or the other Loan Credit Documents. If, If for the purpose of obtaining or enforcing judgment against the Parent Borrower, any Subsidiary Term Borrower, any Foreign Subsidiary either Borrower or any other Loan Party in any court or in any jurisdiction, it becomes necessary to convert into or from any currency other than dollars the Obligation Currency (such other currency being hereinafter referred to as the “"Judgment Currency”") an amount due in dollarsthe Obligation Currency, each party hereto agreesthe conversion shall be made at the Foreign Currency Equivalent or the Dollar Equivalent thereof, to as the fullest extent that it case may effectively do sobe, that and, in the case of other currencies, the rate of exchange used shall be that at which(as quoted by the Administrative Agent or if the Administrative Agent does not quote a rate of exchange on such currency, by a known dealer in such currency designated by the Administrative Agent) determined, in accordance with normal banking procedures in the relevant jurisdiction, the first currency could be purchased with such other currencyeach case, as of the date day immediately preceding the day on which the judgment is given (such Business Day being hereinafter referred to as the “"Judgment Currency Conversion Date”").
(b) If there is a change in the rate of exchange prevailing between the Judgment Currency Conversion Date and the date of actual payment of the amount due, the Parent Borrower, each Subsidiary Term applicable Borrower and each Foreign Subsidiary Borrower, as the case may be, covenants and agrees to pay, or cause to be paid, such additional amounts, if any (but in any event not a lesser amount), ) as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the rate of exchange prevailing on the date of payment, will produce the amount of dollars the Obligation Currency which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial award at the rate of exchange prevailing on the Judgment Currency Conversion Date.
(c) For purposes of determining the dollar equivalent Foreign Currency Equivalent or the Dollar Equivalent or any other rate of the Judgment Currencyexchange for this Section, such amounts shall include any premium and costs payable in connection with the purchase of dollarsthe Obligation Currency.
Appears in 1 contract
Judgment Currency. (a) The obligations Borrowers' obligation hereunder of the Parent Borrower, the Subsidiary Term Borrowers and the Foreign Subsidiary Borrowers and under the other Loan Documents to make payments in dollars the applicable Approved Currency (pursuant to such obligation, the "Obligation Currency") shall not be discharged or satisfied by any tender or recovery pursuant to any judgment expressed in or converted into any currency other than dollarsthe Obligation Currency, except to the extent that such tender or recovery results in the effective receipt by the applicable Administrative Agent, the Collateral Agent or a the respective Lender of the full amount of dollars the Obligation Currency expressed to be payable to the such Administrative Agent, Collateral Agent or such Lender under this Agreement or the other Loan Documents. If, for the purpose of obtaining or enforcing judgment against the Parent Borrower, any Subsidiary Term Borrower, any Foreign Subsidiary Borrower or any other Loan Party Borrowers in any court or in any jurisdiction, it becomes necessary to convert into or from any currency other than dollars the Obligation Currency (such other currency being hereinafter referred to as the “"Judgment Currency”") an amount due in dollarsthe Obligation Currency, each party hereto agreesthe conversion shall be made at the Dollar Equivalent, to and in the fullest extent that it may effectively do socase of other currencies, that the rate of exchange used shall be that at which(as quoted by such Administrative Agent or if such Administrative Agent does not quote a rate of exchange on such currency, by a known dealer in such currency designated by such Administrative Agent) determined, in accordance with normal banking procedures in the relevant jurisdiction, the first currency could be purchased with such other currencyeach case, as of the date Business Day immediately preceding the day on which the judgment is given (such Business Day being hereinafter referred to as the “"Judgment Currency Conversion Date”").
(b) If there is a change in the rate of exchange prevailing between the Judgment Currency Conversion Date and the date of actual payment of the amount due, the Parent Borrower, each Subsidiary Term Borrower Borrowers covenant and each Foreign Subsidiary Borrower, as the case may be, covenants and agrees agree to pay, or cause to be paid, such additional amounts, if any (but in any event not a lesser amount), ) as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the rate of exchange prevailing on the date of payment, will produce the amount of dollars the Obligation Currency which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial award at the rate of exchange prevailing on the Judgment Currency Conversion Date.
(c) For purposes of determining the dollar equivalent Dollar Equivalent or any other rate of the Judgment Currencyexchange for this Section 11.18, such amounts shall include any premium and costs payable in connection with the purchase of dollarsthe Obligation Currency.
Appears in 1 contract
Judgment Currency. (a) The Credit Parties' obligations hereunder of the Parent Borrower, the Subsidiary Term Borrowers and the Foreign Subsidiary Borrowers and under the other Loan Credit Documents to make payments in dollars the respective Applicable Currency (the "Obligation Currency") shall not be discharged or satisfied by any tender or recovery pursuant to any judgment expressed in or converted into any currency other than dollarsthe Obligation Currency, except to the extent that such tender or recovery results in the effective receipt by the Administrative Agent, the Collateral any Agent or a the respective Lender of the full amount of dollars the Obligation Currency expressed to be payable to the Administrative Agent, Collateral such Agent or such Lender under this Agreement or the other Loan Credit Documents. If, If for the purpose of obtaining or enforcing judgment against the Parent Borrower, any Subsidiary Term Borrower, any Foreign Subsidiary Borrower or any other Loan Credit Party in any court or in any jurisdiction, it becomes necessary to convert into or from any currency other than dollars the Obligation Currency (such other currency being hereinafter referred to as the “"Judgment Currency”") an amount due in dollarsthe Obligation Currency, each party hereto agreesthe conversion shall be made, to at the fullest extent that it Euro Equivalent or the Dollar Equivalent thereof, as the case may effectively do sobe, that and, in the case of other currencies, the rate of exchange used shall be that at which(as quoted by the Administrative Agent or if the Administrative Agent does not quote a rate of exchange on such currency, by a known dealer in such currency designated by the Administrative Agent) determined, in accordance with normal banking procedures in the relevant jurisdiction, the first currency could be purchased with such other currencyeach case, as of the date immediately preceding the day on which the judgment is given (such Business Day day being hereinafter referred to as the “"Judgment Currency Conversion Date”").
(b) If there is a change in the rate of exchange prevailing between the Judgment Currency Conversion Date and the date of actual payment of the amount due, the Parent Borrower, each Subsidiary Term Borrower and each Foreign Subsidiary Borrower, as the case may be, covenants and agrees to pay, or cause to be paid, such additional amounts, if any (but in any event not a lesser amount), as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the rate of exchange prevailing on the date of payment, will produce the amount of dollars the Obligation Currency which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial award at the rate of or exchange prevailing on the Judgment Currency Conversion Date.
(c) . For purposes of determining the dollar equivalent Dollar Equivalent or the Euro Equivalent or any other rate of the Judgment Currencyexchange for this Section, such amounts shall include any premium and costs payable in connection with the purchase of dollarsthe Obligation Currency.
Appears in 1 contract
Judgment Currency. (a) The Borrower’s obligations hereunder of the Parent Borrower, the Subsidiary Term Borrowers and the Foreign Subsidiary Borrowers and under the other Loan Documents to make payments in dollars Dollars shall not be discharged or satisfied by any tender or recovery pursuant to any judgment expressed in or converted into any currency other than dollarsDollars, except to the extent that such tender or recovery results in the effective receipt by the Administrative Agent, the Collateral Agent or a any Lender of the full amount of dollars Dollars expressed to be payable to the Administrative Agent, Collateral Agent or such Lender under this Agreement or the other Loan Documents. If, If for the purpose of obtaining or enforcing judgment against the Parent Borrower, any Subsidiary Term Borrower, any Foreign Subsidiary Borrower or any other Loan Party in any court or in any jurisdictionjurisdiction outside of Colombia, it becomes necessary to convert into or from any currency other than dollars Dollars (such other currency being hereinafter referred to as the “Judgment Currency”) an amount due in dollarsDollars, each party hereto agrees, to the fullest extent that it may effectively do so, that conversion shall be made at the rate of exchange used shall be that at whichdetermined, in accordance with normal banking procedures in the relevant jurisdiction, the first currency could be purchased with such other currencyeach case, as of the date immediately preceding the day on which the judgment is given (such Business Day being hereinafter referred to as the “Judgment Currency Conversion Date”). If, for the purpose of obtaining or enforcing judgment against the Borrower in any court in Colombia, it becomes necessary to convert into or from any Judgment Currency an amount due in Dollars, the conversion shall be made at the Colombian market representative rate certified by the Colombian Superintendence of Finance for the date of payment.
(b) If there is a change in the rate of exchange prevailing between the Judgment Currency Conversion Date and the date of actual payment of the amount duedue by the Borrower, the Parent Borrower, each Subsidiary Term Borrower and each Foreign Subsidiary Borrower, as the case may be, covenants and agrees to pay, or cause to be paid, such additional amounts, if any (but in any event not a lesser amount), as may be necessary to ensure that the amount paid by the Borrower in the Judgment Currency, when converted at the rate of exchange prevailing on the date of paymentpayment to the Administrative Agent or such Lender by the Borrower, will shall produce the amount of dollars Dollars which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial award at the rate of exchange prevailing on the Judgment Currency Conversion Date. Any such amount of Dollars not discharged by such Borrower payment of Judgment Currency shall continue to be due as an outstanding and unpaid obligation under this Agreement and shall accrue interest at the rate then applicable to the Loan in accordance with Section 2.07 until paid in full. If there is a change in the rate of exchange prevailing between the Judgment Currency Conversion Date and the date of actual payment by the Borrower of the amount due to the Administrative Agent or such Lender that results in the Borrower paying an amount in excess of that necessary to discharge or satisfy any judgment, the Administrative Agent or such Lender shall transfer or cause to be transferred to the Borrower the amount of such excess (net of any Taxes and reasonable and customary costs incurred in connection therewith).
(c) For purposes of determining applying the dollar equivalent rate of exchange under this Section 11.09, the amount of Judgment Currency, such amounts Currency converted shall include any premium and costs payable in connection with the purchase of dollarsDollars.
Appears in 1 contract
Samples: Loan Agreement (Ecopetrol S.A.)
Judgment Currency. (a) The Guarantors’ obligations hereunder of the Parent Borrower, the Subsidiary Term Borrowers and the Foreign Subsidiary Borrowers and under the other Loan Documents to make payments in dollars Dollars shall not be discharged or satisfied by any tender or recovery pursuant to any judgment expressed in or converted into any currency other than dollarsDollars, except to the extent that such tender or recovery results in the effective receipt by the Administrative Agent, the Collateral Agent or a Lender the respective Secured Party of the full amount of dollars Dollars expressed to be payable to the Administrative Agent, Collateral Agent or Lender such Secured Party under this Agreement or the other Loan Documents. If, for the purpose of obtaining or enforcing judgment against the Parent Borrower, any Subsidiary Term Borrower, any Foreign Subsidiary Borrower or any other Loan Party Guarantor in any court or in any jurisdiction, it becomes necessary to convert into or from any currency other than dollars Dollars (such other currency being hereinafter referred to as the “Judgment Currency”) an amount due in dollarsDollars, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used conversion shall be that made at which, in accordance with normal banking procedures in the relevant jurisdiction, the first currency could be purchased with such other currency, Dollar Equivalent determined as of the date Business Day immediately preceding the day on which the judgment is given (such Business Day being hereinafter referred to as the “Judgment Currency Conversion Date”).
(b) If there is a change in the rate of exchange prevailing between the Judgment Currency Conversion Date and the date of actual payment of the amount due, the Parent Borrower, each Subsidiary Term Borrower and each Foreign Subsidiary Borrower, as the case may be, covenants and agrees to Loan Parties shall pay, or cause to be paid, such additional amounts, if any (but in any event not a lesser amount), ) as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the rate of exchange prevailing on the date of payment, will produce the amount of dollars Dollars which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial award at the rate of exchange prevailing on the Judgment Currency Conversion Date.
(c) For purposes of determining the dollar equivalent Dollar Equivalent or any other rate of the Judgment Currencyexchange for this Section 8.19, such amounts shall include any premium and costs payable in connection with the purchase of dollarsDollars.
Appears in 1 contract
Samples: Credit Agreement (Tempur Sealy International, Inc.)
Judgment Currency. (a) The Credit Parties’ obligations hereunder of the Parent Borrower, the Subsidiary Term Borrowers and the Foreign Subsidiary Borrowers and under the other Loan Credit Documents to make payments in dollars U.S. Dollars (the “Obligation Currency”) shall not be discharged or satisfied by any tender or recovery pursuant to any judgment expressed in or converted into any currency other than dollarsthe Obligation Currency, except to the extent that such tender or recovery results in the effective receipt by the Administrative Agent, the Collateral Agent or a the respective Lender of the full amount of dollars the Obligation Currency expressed to be payable to the Administrative Agent, the Collateral Agent or such Lender under this Agreement or the other Loan Credit Documents. If, If for the purpose of obtaining or enforcing judgment against the Parent Borrower, any Subsidiary Term Borrower, any Foreign Subsidiary Borrower or any other Loan Credit Party in any court or in any jurisdiction, it becomes necessary to convert into or from any currency other than dollars the Obligation Currency (such other currency being hereinafter referred to as the “Judgment Currency”) an amount due in dollarsthe Obligation Currency, each party hereto agreesthe conversion shall be made, to at the fullest extent that it Canadian Dollar Equivalent or the U.S. Dollar Equivalent thereof, as the case may effectively do sobe, that and, in the case of other currencies, the rate of exchange used shall be that at which(as quoted by the Administrative Agent or if the Administrative Agent does not quote a rate of exchange on such currency, by a known dealer in such currency designated by the Administrative Agent) determined, in accordance with normal banking procedures in the relevant jurisdiction, the first currency could be purchased with such other currencyeach case, as of the date immediately preceding the day on which the judgment is given (such Business Day day being hereinafter referred to as the “Judgment Currency Conversion Date”).
(b) If there is a change in the rate of exchange prevailing between the Judgment Currency Conversion Date and the date of actual payment of the amount due, the Parent due by any Borrower, each Subsidiary Term such Borrower and each Foreign Subsidiary Borrower, as the case may be, covenants and agrees to pay, or cause to be paid, such additional amounts, if any (but in any event not a lesser amount), as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the rate of exchange prevailing on the date of payment, will produce the amount of dollars the Obligation Currency which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial award at the rate of or exchange prevailing on the Judgment Currency Conversion Date.
(c) For purposes of determining the dollar equivalent U.S. Dollar Equivalent or the Canadian Dollar Equivalent or any other rate of the Judgment Currencyexchange for this Section, such amounts shall include any premium and costs payable in connection with the purchase of dollarsthe Obligation Currency. If the amount of the Judgment Currency so purchased exceeds the sum originally due to the Lenders in the Judgment Currency, the Lenders shall, except during the occurrence and continuation of an Event of Default under paragraph (a), (b), (h), (i) or (j) of Section 11 (in which case such excess shall be applied by such Lender to any outstanding Obligations owed to such Lender by any Credit Party), remit such excess to the relevant Borrower.
Appears in 1 contract
Samples: Debtor in Possession Credit Agreement (Cooper-Standard Holdings Inc.)
Judgment Currency. (a) The Loan Parties’ obligations hereunder of the Parent Borrower, the Subsidiary Term Borrowers and the Foreign Subsidiary Borrowers and under the other Loan Transaction Documents to make payments in dollars Dollars shall not be discharged or satisfied by any tender or recovery pursuant to any judgment expressed in or converted into any currency other than dollarsDollars, except to the extent that such tender or recovery results in the effective receipt by the Administrative Agent, the Collateral Agent or a the respective L/C Participant or the Issuing Lender of the full amount of dollars Dollars expressed to be payable to the Administrative Agent, Collateral Agent or such L/C Participant or the Issuing Lender under this Agreement or the other Loan Transaction Documents. If, for the purpose of obtaining or enforcing judgment against the Parent Borrower, any Subsidiary Term Borrower, any Foreign Subsidiary Borrower or any other Loan Party in any court or in any jurisdiction, it becomes necessary to convert into or from any currency other than dollars Dollars (such other currency being hereinafter referred to as the “Judgment Currency”) an amount due in dollarsDollars, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used conversion shall be that made at which, in accordance with normal banking procedures in the relevant jurisdiction, the first currency could be purchased with such other currency, Dollar Equivalent determined as of the date Business Day immediately preceding the day on which the judgment is given (such Business Day being hereinafter referred to as the “Judgment Currency Conversion Date”).
(b) If there is a change in the rate of exchange prevailing between the Judgment Currency Conversion Date and the date of actual payment of the amount due, the Parent Borrower, each Subsidiary Term Borrower and each Foreign Subsidiary Borrower, as the case may be, covenants and agrees to Loan Parties shall pay, or cause to be paid, such additional amounts, if any (but in any event not a lesser amount), ) as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the rate of exchange prevailing on the date of payment, will produce the amount of dollars Dollars which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial award at the rate of exchange prevailing on the Judgment Currency Conversion Date.
(c) For purposes of determining the dollar equivalent Dollar Equivalent or any other rate of the Judgment Currency, exchange for this Section 9.17 such amounts shall include any premium and costs payable in connection with the purchase of dollarsDollars.
Appears in 1 contract
Samples: Letter of Credit Facility Agreement (Tower International, Inc.)
Judgment Currency. (a) The obligations hereunder of the Parent Borrower, the Subsidiary Term Borrowers and the Foreign Subsidiary Borrowers and under the other Loan Documents each Guarantor to make payments in dollars Dollars or in an Alternative Currency, as the case may be (the “Obligation Currency”), shall not be discharged or satisfied by any tender or recovery pursuant to any judgment expressed in or converted into any currency other than dollarsthe Obligation Currency, except to the extent that such tender or recovery results in the effective receipt by the Administrative Agent, the Collateral Agent or a Lender of the full amount of dollars the Obligation Currency expressed to be payable to the Administrative Agent, Collateral Agent or such Lender under this Agreement or the other Loan DocumentsCredit Agreement. If, for the purpose of obtaining or enforcing judgment against the Parent Borrower, any Subsidiary Term Borrower, any Foreign Subsidiary Borrower or any other Loan Party a Guarantor in any court or in any jurisdiction, it becomes necessary to convert into or from any currency other than dollars the Obligation Currency (such other currency being hereinafter thereinafter referred to as the “Judgment Currency”) an amount due in dollarsthe Obligation Currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used conversion shall be that made, at which, in accordance with normal banking procedures in the relevant jurisdiction, the first currency could be purchased with Currency Equivalent of such other currencyamount, as of the date immediately preceding the day on which the judgment is given (such Business Day being hereinafter referred to as the “Judgment Currency Conversion Date”).
(b) If there is a change in the rate of exchange prevailing between the Judgment Currency Conversion Date and the date of actual payment of the amount due, the Parent Borrower, each Subsidiary Term Borrower and each Foreign Subsidiary Borrower, as the case may be, Guarantor covenants and agrees to pay, or cause to be paid, such additional amounts, if any (but in any event not a lesser amount), as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the rate of exchange prevailing on the date of payment, will produce the amount of dollars the Obligation Currency which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial award at the rate of exchange prevailing on the Judgment Currency Conversion Date.
(c) For purposes of determining the dollar equivalent of the Judgment CurrencyCurrency Equivalent under this Section 4.11, such amounts shall include any premium and costs payable in connection with the purchase of dollarsthe Obligation Currency.
Appears in 1 contract
Samples: Guarantee Agreement (American Axle & Manufacturing Holdings Inc)
Judgment Currency. (a) The obligations Each Credix Xxxxx's obligation hereunder of the Parent Borrower, the Subsidiary Term Borrowers and the Foreign Subsidiary Borrowers and under the other Loan Credit Documents to make payments in dollars Dollars or in the case of an Alternate Currency Incremental Term Loan, the applicable Alternate Currency (in any such case, the "Obligation Currency") shall not be discharged or satisfied by any tender or recovery pursuant to any judgment expressed in or converted into any currency other than dollarsthe Obligation Currency, except to the extent that such tender or recovery results in the effective receipt by the Administrative Agent, the Collateral Agent Agent, the respective Issuing Lender or a the respective Lender of the full amount of dollars the Obligation Currency expressed to be payable to the Administrative Agent, the Collateral Agent Agent, such Issuing Lender or such Lender under this Agreement or the other Loan Credit Documents. If, If for the purpose of obtaining or enforcing judgment against the Parent Borrower, any Subsidiary Term Borrower, any Foreign Subsidiary Borrower or any other Loan Credit Party in any court or in any jurisdiction, it becomes necessary to convert into or from any currency other than dollars the Obligation Currency (such other currency being hereinafter referred to as the “"Judgment Currency”") an amount due in dollarsthe Obligation Currency, each party hereto agreesthe conversion shall be made, to at the fullest extent that it may effectively do soRelevant Currency Equivalent thereof or, that in the case of a conversion into currencies other than Dollars or a Primary Alternate Currency, at the rate of exchange used shall be that at whichquoted by the Administrative Agent (or, if the Administrative Agent does not quote a rate of exchange on such currency, by a known dealer in such currency designated by the Administrative Agent), determined, in accordance with normal banking procedures in the relevant jurisdiction, the first currency could be purchased with such other currencyeach case, as of the date immediately preceding the day on which the judgment is given (such Business Day being hereinafter referred to as the “"Judgment Currency Conversion Date”").
(b) If there is a change in the rate of exchange prevailing between the Judgment Currency Conversion Date and the date of actual payment of the amount due, the Parent Borrower, each Subsidiary Term respective Borrower or Borrowers covenant and each Foreign Subsidiary Borrower, as the case may be, covenants and agrees agree to pay, or cause to be paid, pay such additional amounts, if any (but in any event not a lesser amount), ) as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the rate of exchange prevailing on the date of payment, will produce the amount of dollars the Obligation Currency which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial award at the rate of exchange prevailing on the Judgment Currency Conversion Date.
(c) For purposes of determining the dollar equivalent Relevant Currency Equivalent or any other rate of the Judgment Currencyexchange for this Section 12.21, such amounts shall include any premium and costs payable in connection with the purchase of dollarsthe Obligation Currency.
Appears in 1 contract
Judgment Currency. (a) The obligations Borrowers' obligation hereunder of the Parent Borrower, the Subsidiary Term Borrowers and the Foreign Subsidiary Borrowers and under the other Loan Documents to make payments in dollars Dollars or any other Applicable Currency (the "Obligation Currency") shall not be discharged or satisfied by any tender or recovery pursuant to any judgment expressed in or converted into any currency other than dollarsthe Obligation Currency, except to the extent that such tender or recovery results in the effective receipt by the Administrative Agent, the Collateral Agent L/C Issuer, the Swing Line Lender or a the respective Lender of the full amount of dollars the Obligation Currency expressed to be payable to the Administrative Agent, Collateral Agent or such Lender under this Agreement or the other Loan Documents. If, If for the purpose of obtaining or enforcing judgment against the Parent Borrower, any Subsidiary Term Borrower, any Foreign Subsidiary Borrower or any other Loan Party in any court or in any jurisdiction, it becomes necessary to convert into or from any currency other than dollars the Obligation Currency (such other currency being hereinafter referred to as the “"Judgment Currency”") an amount due in dollarsthe Obligation Currency, each party hereto agreesthe conversion shall be made, to the fullest extent that it may effectively do so, that at the rate of exchange used shall be that at which(as quoted by the Administrative Agent or if the Administrative Agent does not quote a rate of exchange on such currency, by a known dealer in such currency designated by the Administrative Agent) determined, in accordance with normal banking procedures in the relevant jurisdiction, the first currency could be purchased with such other currencyeach case, as of the date day immediately preceding the day on which the judgment is given (such Business Day being hereinafter referred to as the “"Judgment Currency Conversion Date”").
(b) If there is a change in the rate of exchange prevailing between the Judgment Currency Conversion Date and the date of actual payment of the amount due, the Parent Borrower, each Subsidiary Term Borrower Borrowers covenant and each Foreign Subsidiary Borrower, as the case may be, covenants and agrees agree to pay, or cause to be paid, such additional amounts, if any (but in any event not a lesser amount), ) as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the rate of exchange prevailing on the date of payment, will produce the amount of dollars the Obligation Currency which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial award at the rate of or exchange prevailing on the Judgment Currency Conversion Date.
(c) For purposes of determining the dollar equivalent any rate of the Judgment Currencyexchange for this Section 11.19, such amounts shall include any premium and costs payable in connection with the purchase of dollarsthe Obligation Currency.
Appears in 1 contract
Judgment Currency. (a) The Credit Parties' obligations hereunder of the Parent Borrower, the Subsidiary Term Borrowers and the Foreign Subsidiary Borrowers and under the other Loan Credit Documents to make payments in dollars Dollars (the "Obligation Currency") shall not be discharged or satisfied by any tender or recovery pursuant to any judgment expressed in or converted into any currency other than dollarsthe Obligation Currency, except to the extent that such tender or recovery results in the effective receipt by the Administrative Agent, the Collateral Agent or a the respective Lender of the full amount of dollars the Obligation Currency expressed to be payable to the Administrative Agent, Collateral Agent or such Lender under this Agreement or the other Loan Credit Documents. If, If for the purpose of obtaining or enforcing judgment against the Parent Borrower, any Subsidiary Term Borrower, any Foreign Subsidiary Borrower or any other Loan Credit Party in any court or in any jurisdiction, it becomes necessary to convert into or from any currency other than dollars the Obligation Currency (such other currency being hereinafter referred to as the “"Judgment Currency”") an amount due in dollarsthe Obligation Currency, each party hereto agrees, to the fullest extent that it may effectively do so, that conversion shall be made at the rate of exchange used shall be that at which(as quoted by the Administrative Agent in good faith or if the Administrative Agent does not quote a rate of exchange on such currency, by a known dealer in such currency designated by the Administrative Agent) determined, in accordance with normal banking procedures in the relevant jurisdiction, the first currency could be purchased with such other currencyeach case, as of the date immediately preceding the day on which the judgment is given (such Business Day being hereinafter referred to as the “"Judgment Currency Conversion Date”").
(b) If there is a change in the rate of exchange prevailing between the Judgment Currency Conversion Date and the date of actual payment of the amount due, the Parent Borrower, each Subsidiary Term Borrower and each Foreign Subsidiary Borrower, as the case may be, covenants and agrees to pay, or cause to be paid, such additional amounts, if any (but in any event not a lesser amount), as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the rate of exchange prevailing on the date of payment, will produce the amount of dollars the Obligation Currency which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial award at the rate of exchange prevailing on the Judgment Currency Conversion Date.
(c) For purposes of determining the dollar equivalent any rate of the Judgment Currencyexchange for this Section 13.20, such amounts shall include any premium and costs payable in connection with the purchase of dollarsthe Obligation Currency.
Appears in 1 contract
Judgment Currency. (a) The Each Credit Party's obligations hereunder of the Parent Borrower, the Subsidiary Term Borrowers and the Foreign Subsidiary Borrowers and under the other Loan Documents Credit Agreement to make payments in dollars Dollars or in any available Available Foreign Currency (the "Obligation Currency") shall not be discharged or satisfied by any tender or recovery pursuant to any judgment expressed in or converted into any currency other than dollarsthe Obligation Currency, except to the extent that such tender or recovery results in the effective receipt by the Administrative Agent, the Collateral Agent or a Lender of the full amount of dollars the Obligation Currency expressed to be payable to the Administrative Agent, Collateral Agent or such Lender under this Agreement or the other Loan DocumentsCredit Agreement. If, for the purpose of obtaining or 103 enforcing judgment against the Parent Borrower, any Subsidiary Term Borrower, any Foreign Subsidiary Borrower or any other Loan Credit Party in any court or in any jurisdiction, it becomes necessary to convert into or from any currency other than dollars the Obligation Currency (such other currency being hereinafter referred to as the “"Judgment Currency”") an amount due in dollarsthe Obligation Currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used conversion shall be that made, at whichthe Dollar Equivalent or the Foreign Currency Equivalent, as applicable, determined in accordance with normal banking procedures in the relevant jurisdiction, the first currency could be purchased with such other currency, each case as of the date Business Day immediately preceding the day on which the judgment is given (such Business Day being hereinafter referred to as the “"Judgment Currency Conversion Date”").
(b) If there is a change in the rate of exchange prevailing between the Judgment Currency Conversion Date and the date of actual payment of the amount due, such amount payable by the Parent Borrower, each Subsidiary Term Borrower and each Foreign Subsidiary Borrowerapplicable Credit Party shall be reduced or increased, as the case may be, covenants and agrees to pay, or cause to be paidapplicable, such additional amounts, if any (but in any event not a lesser amount), as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the rate of exchange prevailing on the date of payment, will produce the amount of dollars the Obligation Currency which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial award at the rate of exchange prevailing on the Judgment Currency Conversion Date.
(c) For purposes of determining the dollar equivalent of the Judgment Currency, such amounts shall include any premium and costs payable in connection with the purchase of dollars.
Appears in 1 contract
Samples: Credit Agreement (Hunt Corp)
Judgment Currency. (a) The obligations hereunder of the Parent Borrower, the Subsidiary Term Borrowers and the Foreign Subsidiary Borrowers and under the other Loan Documents of the Loan Parties to make payments in dollars Dollars or in Cdn Dollars, as the case may be (the “Obligation Currency”), shall not be discharged or satisfied by any tender or recovery pursuant to any judgment expressed in or converted into any currency other than dollarsthe Obligation Currency, except to the extent that such tender or recovery results in the effective receipt by the Administrative Agent, the Collateral Agent Issuing Lender or a Lender of the full amount of dollars the Obligation Currency expressed to be payable to the Administrative Agent, Collateral Agent the Issuing Lender or such Lender under this Agreement or the other Loan Documents. If, for the purpose of obtaining or enforcing judgment against the Parent Borrower, any Subsidiary Term Borrower, any Foreign Subsidiary Borrower or any other Loan Party in any court or in any jurisdiction, it becomes necessary to convert into or from any currency other than dollars the Obligation Currency (such other currency being hereinafter referred to as the “Judgment Currency”) an amount due in dollarsthe Obligation Currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used conversion shall be that made, at whichthe Cdn Dollar Amount of such amount, in accordance with normal banking procedures in the relevant jurisdiction, the first currency could be purchased with such other currencyeach case, as of the date immediately preceding the day on which the judgment is given (such Business Day being hereinafter referred to as the “Judgment Currency Conversion Date”).
(b) If there is a change in the rate of exchange prevailing between the Judgment Currency Conversion Date and the date of actual payment of the amount due, the Parent Borrower, each Subsidiary Term Borrower and each Foreign Subsidiary Borrower, as the case may be, applicable Loan Party obligated in respect thereof covenants and agrees to pay, or cause to be paid, such additional amounts, if any (but in any event not a lesser amount), as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the rate of exchange prevailing on the date of payment, will produce the amount of dollars the Obligation Currency which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial award at the rate of exchange prevailing on the Judgment Currency Conversion Date.
(c) For purposes of determining the dollar equivalent of the Judgment CurrencyCdn Dollar Amount under this Section, such amounts shall include any premium and costs payable in connection with the purchase of dollarsthe Obligation Currency.
Appears in 1 contract
Samples: Credit Agreement (Kimco Realty Corp)
Judgment Currency. (a) The obligations hereunder of the Parent Borrower, the Subsidiary Term Borrowers and the Foreign Subsidiary Borrowers other Loan Parties hereunder and under the other Loan Documents to make payments in dollars U.S. Dollars (the “Obligation Currency”) shall not be discharged or satisfied by any tender or recovery pursuant to any judgment expressed in or converted into any currency other than dollarsthe Obligation Currency, except to the extent that such tender or recovery results in the effective receipt by the Administrative Agent, the Collateral Facility Agent or a Lender or an Issuing Bank of the full amount of dollars the Obligation Currency expressed to be payable to the Administrative Facility Agent, Collateral Agent such Lender or Lender such Issuing Bank under this Agreement or the other Loan Documents. If, for the purpose of obtaining or enforcing judgment against the Parent Borrower, any Subsidiary Term Borrower, any Foreign Subsidiary Borrower or any other Loan Party or in any court or in any jurisdiction, it becomes necessary to convert into or from any currency other than dollars the Obligation Currency (such other currency being hereinafter referred to as the “Judgment Currency”) an amount due in dollarsthe Obligation Currency, each party hereto agrees, to the fullest extent that it may effectively do so, that conversion shall be made at the rate of exchange used shall be that at which(as quoted by the Facility Agent or if the Facility Agent does not quote a rate of exchange on such currency, by a known dealer in such currency designated by the Facility Agent) determined, in accordance with normal banking procedures in the relevant jurisdiction, the first currency could be purchased with such other currencyeach case, as of the date immediately preceding the day on which the judgment is given (such Business Day being hereinafter referred to as the “Judgment Currency Conversion Date”).
(b) If there is a change in the rate of exchange prevailing between the Judgment Currency Conversion Date and the date of actual payment of the amount due, the Parent Borrower, each Subsidiary Term Borrower and each Foreign Subsidiary Borrower, as the case may be, such Loan Party covenants and agrees to pay, or cause to be paid, as a separate obligation and notwithstanding any judgment, such additional amounts, if any (but in any event not a lesser amount), as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the rate of exchange prevailing on the date of payment, will produce the amount of dollars the Obligation Currency which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial award at the rate of exchange prevailing on the Judgment Currency Conversion Date.
(c) For purposes of determining the dollar equivalent rate of the Judgment Currencyexchange for this Section, such amounts shall include any premium and costs payable in connection with the purchase of dollarsthe Obligation Currency.
Appears in 1 contract
Judgment Currency. (a) The Each Borrower's obligations hereunder of the Parent Borrower, the Subsidiary Term Borrowers and the Foreign Subsidiary Borrowers and under the other Loan Credit Documents to make payments in dollars the applicable Approved Currency (the "Obligation Currency") shall not be discharged or satisfied by any tender or recovery pursuant to any judgment expressed in or converted into any currency other than dollarsthe Obligation Currency, except to the extent that such tender or recovery results in the effective receipt by the Administrative Agent, the Collateral Agent or a Lender the respective Bank of the full amount of dollars the Obligation Currency expressed to be payable to the Administrative Agent, Collateral Agent or Lender such Bank under this Agreement or the other Loan Credit Documents. If, for the purpose of obtaining or enforcing judgment against the Parent Borrower, any Subsidiary Term Borrower, any Foreign Subsidiary Borrower or any other Loan Party in any court or in any jurisdiction, it becomes necessary to convert into or from any currency other than dollars the Obligation Currency (such other currency being hereinafter referred to as the “"Judgment Currency”") an amount due in dollarsthe Obligation Currency, each party hereto agreesthe conversion shall be made at the Relevant Currency Equivalent, to and, in the fullest extent that it may effectively do socase of other currencies, that the rate of exchange used shall be that at which(as quoted by the Administrative Agent or if the Administrative Agent does not quote a rate of exchange on such currency, by a known dealer in such currency designated by the Administrative Agent) determined, in accordance with normal banking procedures in the relevant jurisdiction, the first currency could be purchased with such other currencyeach case, as of the date Business Day immediately preceding the day on which the judgment is given (such Business Day being hereinafter referred to as the “"Judgment Currency Conversion Date”").
(b) If there is a change in the rate of exchange prevailing between the Judgment Currency Conversion Date and the date of actual payment of the amount due, the Parent Borrower, each Subsidiary Term Borrower and each Foreign Subsidiary Borrower, as the case may be, covenants and agrees to pay, or cause to be paid, such additional amounts, if any (but in any event not a lesser amount), ) as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the rate of exchange prevailing on the date of payment, will produce the amount of dollars the Obligation Currency which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial award at the rate of exchange prevailing on the Judgment Currency Conversion Date.
(c) For purposes of determining the dollar equivalent Relevant Currency Equivalent or any other rate of the Judgment Currencyexchange for this Section, such amounts shall include any premium and costs payable in connection with the purchase of dollarsthe Obligation Currency.
Appears in 1 contract
Samples: Credit Agreement (Gleason Corp /De/)
Judgment Currency. (a) The obligations hereunder of the Parent Borrower, the Subsidiary Term Borrowers Guarantor under this Guaranty and the Foreign Subsidiary Borrowers and under the other Loan Documents Note Purchase Agreements to make payments in dollars Dollars or in any Alternative Currency (the "Obligation Currency") shall not be discharged or satisfied by any tender or recovery pursuant to any judgment expressed in or converted into any currency other than dollarsthe Obligation Currency, except to the extent that such tender or recovery results in the effective receipt by the Administrative Agent, the Collateral Agent or a Lender Noteholders of the full amount of dollars the Obligation Currency expressed to be payable to the Administrative Agent, Collateral Agent or Lender under this Agreement or the other Loan Documentsthem hereunder. If, If for the purpose of obtaining or enforcing judgment against the Parent Borrower, any Subsidiary Term Borrower, any Foreign Subsidiary Borrower or any other Loan Party Guarantor in any court or in any jurisdiction, it becomes necessary to convert into or from any currency other than dollars the Obligation Currency (such other currency being hereinafter referred to as the “"Judgment Currency”") an amount due in dollarsthe Obligation Currency, each party hereto agreesthe conversion shall be made, to at the fullest extent that it may effectively do soAlternative Currency Equivalent or Dollar Equivalent, that in the case of any Alternative Currency or Dollars, and, in the case of other currencies, the rate of exchange used shall be that at which(as quoted by the Required Holders or if the Required Holders do not quote a rate of exchange on such currency, by a known dealer in such currency designated by the Noteholders) determined, in accordance with normal banking procedures in the relevant jurisdiction, the first currency could be purchased with such other currencyeach case, as of on the date Banking Day immediately preceding the day on which the judgment is given (such Business Banking Day being hereinafter referred to as the “"Judgment Currency Conversion Date”").
(b) If there is a change in the rate of exchange prevailing between the Judgment Currency Conversion Date and the date of actual payment of the amount due, the Parent BorrowerGuarantors, each Subsidiary Term Borrower jointly and each Foreign Subsidiary Borrowerseverally, as the case may be, covenants covenant and agrees agree to pay, or cause to be paid, pay such additional amounts, if any (but in any event not a lesser amount), as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the rate of exchange prevailing on the date of payment, will produce the amount of dollars the Obligation Currency which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial award at the rate of exchange prevailing on the Judgment Currency Conversion Date.
(c) For the purposes of determining the dollar equivalent Alternative Currency Equivalent or Dollar Equivalent or rate of the Judgment Currencyexchange for this Section, such amounts amount shall include any premium and costs payable in connection with the purchase of dollarsthe Obligation Currency.
Appears in 1 contract
Judgment Currency. (a) The Borrower's obligations hereunder and each of the Parent Borrower, the Subsidiary Term Borrowers 's and the Foreign Subsidiary Borrowers and other Loan Parties' obligations under the other Loan Documents to make payments in dollars Dollars (the "Obligation Currency") shall not be discharged or satisfied by any tender or recovery pursuant to any judgment expressed in or converted into any currency other than dollarsthe Obligation Currency, except to the extent that such tender or recovery results in the effective receipt by the Administrative Agent, the Collateral Agent or a Lender of the full amount of dollars the Obligation Currency expressed to be payable to the Administrative Agent, the Collateral Agent or such Lender under this Agreement or the other Loan Documents. If, for the purpose of obtaining or enforcing judgment against the Parent Borrower, any Subsidiary Term Borrower, any Foreign Subsidiary Borrower or any other Loan Party in any court or in any jurisdiction, it becomes necessary to convert into or from any currency other than dollars the Obligation Currency (such other currency being hereinafter referred to as the “"Judgment Currency”") an amount due in dollarsthe Obligation Currency, each party hereto agreesthe conversion shall be made, to the fullest extent that it may effectively do so, that at the rate of exchange used shall at which such Judgment Currency can be that at whichconverted into the Obligation Currency (as quoted on the applicable Reuters World Spot Page) determined, in accordance with normal banking procedures in the relevant jurisdiction, the first currency could be purchased with such other currencyeach case, as of 11:00 a.m., New York City time, on the date immediately preceding the day on which the judgment is given (such Business Day being hereinafter referred to as the “"Judgment Currency Conversion Date”").
(b) If there is a change in the rate of exchange prevailing between the Judgment Currency Conversion Date and the date of actual payment of the amount due, the Parent Borrower, each Subsidiary Term Borrower and each Foreign Subsidiary Borrower, as the case may be, covenants and agrees to pay, or cause to be paid, such additional amounts, if any (but in any event not a lesser amount), as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the rate of exchange prevailing on the date of payment, will produce the amount of dollars which the Obligation Currency that could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial award at the rate of exchange prevailing on the Judgment Currency Conversion Date.
(c) For purposes of determining the dollar equivalent rate of the Judgment Currencyexchange for this Section, such amounts shall include any premium and costs payable in connection with the purchase of dollarsthe Obligation Currency.
Appears in 1 contract
Judgment Currency. (a) The Borrowers’ obligations hereunder of the Parent Borrower, the Subsidiary Term Borrowers and the Foreign Subsidiary Borrowers and under the other Loan Documents to make payments in dollars a specified currency (the “Obligation Currency”) shall not be discharged or satisfied by any tender or recovery pursuant to any judgment expressed in or converted into any currency other than dollarsthe Obligation Currency, except to the extent that such tender or recovery results in the effective receipt by the Administrative Agent, the Collateral Agent or a Lender or the Issuing Bank of the full amount of dollars the Obligation Currency expressed to be payable to the Administrative Agent, Collateral Agent or such Lender or the Issuing Bank under this Agreement or the other Loan Documents. If, for the purpose of obtaining or enforcing judgment against the Parent Borrower, any Subsidiary Term Borrower, any Foreign Subsidiary Borrower or any other Loan Party in any court or in any jurisdiction, it becomes necessary to convert into or from any currency other than dollars the Obligation Currency (such other currency being hereinafter referred to as the “Judgment Currency”) an amount due in dollarsthe Obligation Currency, each party hereto agreesthe conversion shall be made, to the fullest extent that it may effectively do so, that at the rate of exchange used shall be that at which(as quoted by the Administrative Agent or if the Administrative Agent does not quote a rate of exchange on such currency, by a known dealer in such currency designated by the Administrative Agent) determined, in accordance with normal banking procedures in the relevant jurisdiction, the first currency could be purchased with such other currencyeach case, as of the date Business Day immediately preceding the day date on which the judgment is given (such Business Day being hereinafter referred to as the “Judgment Currency Conversion Date”).
(b) If there is a change in the rate of exchange prevailing between the Judgment Currency Conversion Date and the date of actual payment of the amount due, the Parent Borrower, each Subsidiary Term Borrower Borrowers covenant and each Foreign Subsidiary Borrower, as the case may be, covenants and agrees agree to pay, or cause to be paid, such additional amounts, if any (but in any event not a lesser amount), as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the rate of exchange prevailing on the date of payment, will produce the amount of dollars the Obligation Currency which could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial award at the rate of exchange prevailing on the Judgment Currency Conversion Date.
(c) For purposes of determining the dollar any rate of exchange or currency equivalent of the Judgment Currencyfor this Section, such amounts shall include any premium and costs payable in connection with the purchase of dollarsthe Obligation Currency.
Appears in 1 contract
Samples: Credit Agreement (KKR & Co. L.P.)