Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower in respect of any such sum due from it to the Administrative Agent, any Issuing Lender or any Lender hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, such Issuing Lender or such Lender, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent, such Issuing Lender or such Lender, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent, any Issuing Lender or any Lender from the Borrower in the Agreement Currency, the Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent, such Issuing Lender or such Lender, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent, any Issuing Lender or any Lender in such currency, the Administrative Agent, such Issuing Lender or such Lender, as the case may be, agrees to return the amount of any excess to the Borrower (or to any other Person who may be entitled thereto under applicable law).
Appears in 11 contracts
Sources: Amendment No. 4 (RXO, Inc.), Credit Agreement (GXO Logistics, Inc.), Credit Agreement (Salesforce, Inc.)
Judgment Currency. If, for the purposes purpose of obtaining judgment in any court, it is necessary to convert a sum due hereunder under this Agreement in Dollars or any other Loan Document in one alternative currency (the “Specified Currency”) into another currencycurrency (the “Judgment Currency”), the rate of exchange used which shall be applied shall be that at which which, in accordance with normal banking procedures procedures, the Administrative Agent could purchase the first currency Specified Currency with such other currency the amount of the Judgment Currency on the Business Day next preceding that the day on which final such judgment is givenrendered. The obligation of the Borrower in with respect of to any such sum due from it to the Administrative Agent, any Issuing Lender Agent or any Lender hereunder or under the other Loan Documents Bank (each, an “Entitled Person”) shall, notwithstanding any judgment the rate of exchange actually applied in a currency (the “Judgment Currency”) other than that in which rendering such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”)judgment, be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, such Issuing Lender or such Lender, as the case may be, Entitled Person of any sum adjudged to be so due under this Agreement in the Judgment Currency, the Administrative Agentsuch Entitled Person may, such Issuing Lender or such Lender, as the case may be, may in accordance with normal banking procedures procedures, purchase and transfer to the Agreement required location of payment the Specified Currency with the Judgment Currency. If the amount of the Agreement Judgment Currency so purchased is less than the sum originally due adjudged to the Administrative Agent, any Issuing Lender or any Lender from be due; and the Borrower in the Agreement Currency, the Borrower agreeshereby, as a separate obligation and notwithstanding any such judgment, agrees to indemnify such Entitled Person against, and to pay such Entitled Person on demand, in the Administrative Agentapplicable Specified Currency, such Issuing Lender or such Lender, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than any difference between the sum originally due to such Entitled Person in the Administrative Agent, any Issuing Lender or any Lender in such currency, the Administrative Agent, such Issuing Lender or such Lender, as the case may be, agrees to return Specified Currency and the amount of any excess to the Borrower (or to any other Person who may be entitled thereto under applicable law)Specified Currency so purchased and transferred on that Business Day.
Appears in 10 contracts
Sources: Revolving Credit Agreement (Solventum Corp), Delayed Draw Term Loan Agreement (Solventum Corp), Credit Agreement (3m Co)
Judgment Currency. If, If for the purposes of obtaining judgment in any court, court it is necessary to convert a sum due from the Borrower hereunder or any other Loan Document in one the currency expressed to be payable herein (the “Specified Currency”) into another currency, the parties hereto agree, to the fullest extent that they may effectively do so under applicable law, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency Specified Currency with such other currency at the Administrative Agent’s main New York City office on the Business Day preceding that on which final final, non-appealable judgment is given. The obligation obligations of the Borrower in respect of any such sum due from it to any Lender or the Administrative Agent, any Issuing Lender or any Lender Agent hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Specified Currency”), be discharged only to the extent that on the Business Day following receipt by such Lender or the Administrative Agent, such Issuing Lender or such Lender, Agent (as the case may be, ) of any sum adjudged to be so due in the Judgment Currency, such other currency such Lender or the Administrative Agent, such Issuing Lender or such Lender, Agent (as the case may be, ) may in accordance with normal normal, reasonable banking procedures purchase the Agreement Specified Currency with the Judgment Currencysuch other currency. If the amount of the Agreement Specified Currency so purchased is less than the sum originally due to such Lender or the Administrative Agent, any Issuing Lender or any Lender from as the Borrower case may be, in the Agreement Specified Currency, the Borrower agrees, to the fullest extent that it may effectively do so under applicable law, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or the Administrative Agent, such Issuing Lender or such Lender, as the case may be, against such loss. If , and if the amount of the Agreement Specified Currency so purchased is greater than exceeds (a) the sum originally due to any Lender or the Administrative Agent, as the case may be, in the Specified Currency and (b) any Issuing amounts shared with other Lenders as a result of allocations of such excess as a disproportionate payment to such Lender under Section 4.8, such Lender or any Lender in such currency, the Administrative Agent, such Issuing Lender or such Lender, as the case may be, agrees to return the amount of any remit such excess to the Borrower (or to any other Person who may be entitled thereto under applicable law)Borrower.
Appears in 9 contracts
Sources: Credit Agreement (On Semiconductor Corp), Credit Agreement (On Semiconductor Corp), Credit Agreement (On Semiconductor Corp)
Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the each Borrower Party in respect of any such sum due from it to the Administrative Agent, any Issuing Lender Letter of Credit Issuer or any Lender hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Credit Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, such Issuing Lender Letter of Credit Issuer or such Lender, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent, such Issuing Lender Letter of Credit Issuer or such Lender, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent, any Issuing Lender Letter of Credit Issuer or any Lender from the any Borrower Party in the Agreement Currency, the such Borrower Party agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent, such Issuing Lender Letter of Credit Issuer or such Lender, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent, any Issuing Lender Letter of Credit Issuer or any Lender in such currency, the Administrative Agent, such Issuing Lender Letter of Credit Issuer or such Lender, as the case may be, agrees to return the amount of any excess to the such Borrower Party (or to any other Person who may be entitled thereto under applicable law).
Appears in 8 contracts
Sources: Revolving Credit Agreement (TCW Direct Lending LLC), Revolving Credit Agreement (TCW Direct Lending VII LLC), Revolving Credit Agreement (TCW Direct Lending VII LLC)
Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent (or in the case of the Revolving Credit Facility, the Revolver Agent) could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower in respect of any such sum due from it to the Administrative Agent (or in the case of the Revolving Credit Facility, the Revolver Agent, any Issuing Lender ) or any Lender the Lenders hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent (or the Revolver Agent, such Issuing Lender or such Lender, as the case may be, applicable) of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent (or the Revolver Agent, such Issuing Lender or such Lender, as the case may be, applicable) may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent (or the Revolver Agent, any Issuing Lender or any Lender as applicable) from the Borrower in the Agreement Currency, the Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent, such Issuing Lender Agent (or such Lender, as in the case may beof the Revolving Credit Facility, the Revolver Agent) or the Person to whom such obligation was owing against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent (or the Revolver Agent, any Issuing Lender or any Lender as applicable) in such currency, the Administrative Agent (or the Revolver Agent, such Issuing Lender or such Lender, as the case may be, applicable) agrees to return the amount of any excess to the Borrower (or to any other Person who may be entitled thereto under applicable lawLaw).
Appears in 8 contracts
Sources: Credit Agreement (Frontier Communications Parent, Inc.), Credit Agreement (Frontier Communications Parent, Inc.), Credit Agreement (Frontier Communications Parent, Inc.)
Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the each Borrower in respect of any such sum due from it to the Administrative Agent, any Issuing Lender or any Lender L/C Issuer hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, such Issuing Lender or such LenderL/C Issuer, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent, such Issuing Lender or such LenderL/C Issuer, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent, any Issuing Lender or any Lender L/C Issuer from the any Borrower in the Agreement Currency, the such Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent, such Issuing Lender or such LenderL/C Issuer, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent, any Issuing Lender or any Lender L/C Issuer in such currency, the Administrative Agent, such Issuing Lender or such LenderL/C Issuer, as the case may be, agrees to return the amount of any excess to the such Borrower (or to any other Person who may be entitled thereto under applicable law).
Appears in 8 contracts
Sources: Credit Agreement (Mastec Inc), Credit Agreement (Mastec Inc), Credit Agreement (Mastec Inc)
Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or under any other Loan Credit Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of each of the Borrower applicable Borrowers in respect of any such sum due from it to either the Administrative Agent, any Issuing Lender Agent or any Lender hereunder or under the any other Loan Documents Credit Document shall, notwithstanding any judgment in a currency (the “"Judgment Currency”") other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “"Agreement Currency”"), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, Lender of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, Lender may in accordance with normal banking procedures in the relevant jurisdiction purchase the Agreement Currency with the Judgment Currency. If ; if the amount of the Agreement Currency so purchased is less than the sum originally adjudged to be due to the Administrative Agent, any Issuing Agent or such Lender or any Lender from the Borrower in the Agreement CurrencyCurrency (as converted on the date of final judgment), the Borrower agreesBorrowers agree, jointly and severally, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, Lender against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally adjudged to be due to the Administrative Agent, any Issuing Lender Agent or any such Lender in such currency, the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, Lender agrees to return the amount of any excess to the Borrower Borrowers (or to any other Person who may be entitled thereto under applicable law). The obligations of the Borrowers contained in this Section 9.14 shall survive the termination of this Agreement and the payment of all other amounts owing hereunder.
Appears in 7 contracts
Sources: Credit Agreement (Aol Time Warner Inc), Credit Agreement (Time Warner Inc), Credit Agreement (Aol Time Warner Inc)
Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Credit Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent Agent, the Issuing Lender or other applicable Lender could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower in respect of any such sum due from it to the Administrative Agent, any the Issuing Lender or any other applicable Lender hereunder or under the other Loan Credit Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, such the Issuing Lender or such Lender, as the case may be, other applicable Lender of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent, such the Issuing Lender or such Lender, as the case may be, other applicable Lender may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent, any the Issuing Lender or any other applicable Lender from the Borrower in the Agreement Currency, the Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent, such the Issuing Lender or such Lender, as the case may be, other applicable Lender against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent, any the Issuing Lender or any other applicable Lender in such currency, the Administrative Agent, such the Issuing Lender or such Lender, as the case may be, other applicable Lender agrees to return the amount of any excess to the Borrower (or to any other Person who may be entitled thereto under applicable law).
Appears in 7 contracts
Sources: Credit Agreement (Osi Systems Inc), Credit Agreement (Osi Systems Inc), Credit Agreement (Osi Systems Inc)
Judgment Currency. If, If for the purposes of obtaining judgment in any court, court it is necessary to convert a sum due from the Borrower hereunder or under any other Loan Document of the Notes in one the currency expressed to be payable herein or under the Notes (the “Specified Currency”) into another currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency Specified Currency with such other currency at the Administrative Agent’s New York office on the Business Day preceding that on which final judgment is given. The obligation obligations of the Borrower in respect of any such sum due from it to any Lender or the Administrative Agent, any Issuing Lender or any Lender Agent hereunder or under the other Loan Documents any Note shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Specified Currency”), be discharged only to the extent that on the Business Day following receipt by such Lender or the Administrative Agent, such Issuing Lender or such Lender, Agent (as the case may be, ) of any sum adjudged to be so due in the Judgment Currencysuch other currency, such Lender or the Administrative Agent, such Issuing Lender or such Lender, Agent (as the case may be, ) may in accordance with normal banking procedures purchase the Agreement Specified Currency with the Judgment Currency. If such other currency; if the amount of the Agreement Specified Currency so purchased is less than the sum originally due to such Lender or the Administrative Agent, any Issuing Lender or any Lender from as the Borrower case may be, in the Agreement Specified Currency, the Borrower agrees, to the fullest extent that it may effectively do so, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or the Administrative Agent, such Issuing Lender or such Lender, as the case may be, against such loss. If , and if the amount of the Agreement Specified Currency so purchased is greater than exceeds the sum originally due to any Lender or the Administrative Agent, any Issuing as the case may be, in the Specified Currency, such Lender or any Lender in such currency, the Administrative Agent, such Issuing Lender or such Lender, as the case may be, agrees to return the amount of any remit such excess to the Borrower (or to any other Person who may be entitled thereto under applicable law)Borrower.
Appears in 6 contracts
Sources: Credit Agreement (Diamond S Shipping Inc.), Credit Agreement (Diamond S Shipping Inc.), Credit Agreement (Diamond S Shipping Inc.)
Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document Paper in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower in respect of any such sum due from it to the Administrative Agent, any Issuing Lender Agent or any Lender L/C Issuer hereunder or under the other Loan Documents Papers shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, such Issuing Lender Agent or such LenderL/C Issuer, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent, such Issuing Lender Agent or such LenderL/C Issuer, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent, any Issuing Lender Agent or any Lender L/C Issuer from the Borrower in the Agreement Currency, the Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent, such Issuing Lender Agent or such LenderL/C Issuer, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent, any Issuing Lender Agent or any Lender L/C Issuer in such currency, the Administrative Agent, such Issuing Lender Agent or such LenderL/C Issuer, as the case may be, agrees to return the amount of any excess to the Borrower (or to any other Person who may be entitled thereto under applicable law).
Appears in 6 contracts
Sources: Credit Agreement (Vail Resorts Inc), Credit Agreement (Vail Resorts Inc), Credit Agreement (Vail Resorts Inc)
Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which which, in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that the date on which final judgment is given. The obligation of the Borrower each Obligor in respect of any such sum due from it to the Administrative Agent, any Issuing Lender LC Issuer or any Lender hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that the currency in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, such Issuing Lender Agent (for itself or such on behalf of LC Issuer or a Lender, as the case may be, ) of any sum adjudged to be so due in the Judgment Currency, the Administrative AgentAgent may, such Issuing Lender or such Lender, as the case may be, may in accordance with normal banking procedures procedures, purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent, any Issuing Lender LC Issuer, or any a Lender from the Borrower any Obligor in the Agreement Currency, the such Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent, such Issuing Lender or such LC Issuer, and each Lender, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent, any Issuing Lender LC Issuer, or any a Lender in such currency, the Administrative Agent, such Issuing Lender LC Issuer, or such Lender, as the case may be, agrees to return the amount of any excess to the such Borrower (or to any other Person who may be entitled thereto under applicable lawApplicable Law).
Appears in 5 contracts
Sources: Credit Agreement (Forbes Energy Services Ltd.), Credit Agreement (Forbes Energy Services Ltd.), Credit Agreement (Forbes Energy Services Ltd.)
Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or under any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the each Borrower in respect of any such sum due from it to the Administrative Agent, any Issuing Lender or any Lender the L/C Issuer hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, such Issuing Lender or such Lenderthe L/C Issuer, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent, such Issuing Lender or such Lenderthe L/C Issuer, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent, any Issuing Lender or the L/C Issuer from any Lender from the Borrower in the Agreement Currency, the such Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent, such Issuing Lender or such Lenderthe L/C Issuer, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent, any Issuing Lender or any Lender the L/C Issuer in such currency, the Administrative Agent, such Issuing Lender or such Lenderthe L/C Issuer, as the case may be, agrees to return the amount of any excess to the such Borrower (or to any other Person who may be entitled thereto under applicable law). The agreement in this Section 10.20 shall survive the termination of the Aggregate Commitments and the repayment, satisfaction or discharge of all other Obligations.
Appears in 5 contracts
Sources: Credit Agreement (Host Hotels & Resorts L.P.), Credit Agreement (Host Hotels & Resorts L.P.), Credit Agreement (Host Hotels & Resorts L.P.)
Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower in respect of any such sum due from it to the Administrative Agent, any Issuing Lender Agent or any Lender hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent, any Issuing Lender Agent or any Lender from the Borrower in the Agreement Currency, the Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent, any Issuing Lender Agent or any Lender in such currency, the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, agrees to return the amount of any excess to the Borrower (or to any other Person who may be entitled thereto under applicable lawApplicable Law).
Appears in 5 contracts
Sources: Term Loan Credit Agreement (Lowes Companies Inc), Credit Agreement (Lowes Companies Inc), Credit Agreement (Lowes Companies Inc)
Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or under any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower in respect of any such sum due from it to the Administrative Agent, any Issuing Lender the L/C Issuer or any Lender hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent, any Issuing Lender Agent or any Lender from the Borrower in the Agreement Currency, the Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent, such Issuing Lender the L/C Issuer or such Lender, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent, any Issuing Lender the L/C Issuer or any such Lender in such currency, the Administrative Agent, such Issuing Lender the L/C Issuer or such Lender, as the case may be, agrees to return the amount of any excess to the Borrower (or to any other Person who may be entitled thereto under applicable lawLaw). All of the Borrower’s obligations under this Section 10.19 shall survive termination of the Aggregate Commitments and repayment of all other Obligations hereunder.
Appears in 5 contracts
Sources: Credit Agreement (Welltower Inc.), Credit Agreement (Welltower Inc.), Credit Agreement (Welltower Inc.)
Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent Agent, a Lender or an Issuing Lender, as applicable, could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower Company in respect of any such sum due from it to the Administrative Agent, Agent or any Issuing Lender or any Issuing Lender hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, Agent or such Issuing Lender or such Issuing Lender, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent, Agent or such Issuing Lender or such Issuing Lender, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent, any Issuing Lender Agent or any Lender or Issuing Lender from the Borrower Company in the Agreement Currency, the Borrower Company agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent, Agent or such Issuing Lender or such Issuing Lender, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent, Agent or any Issuing Lender or any Issuing Lender in such currency, the Administrative Agent, Agent or such Issuing Lender or such Issuing Lender, as the case may be, agrees to return the amount of any excess to the Borrower (or to any other Person who may be entitled thereto under applicable law)Company.
Appears in 5 contracts
Sources: Credit Agreement (Centene Corp), Credit Agreement (Centene Corp), Credit Agreement (Centene Corp)
Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower in respect of any such sum due from it to the Administrative Agent, any Issuing Lender or any Lender the Issuing Bank hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, such Issuing Lender or such Lenderthe Issuing Bank, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent, such Issuing Lender or such Lenderthe Issuing Bank, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent, any Issuing Lender or any Lender the Issuing Bank from the Borrower in the Agreement Currency, the Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent, such Issuing Lender or such Lenderthe Issuing Bank, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent, any Issuing Lender or any Lender the Issuing Bank in such currency, the Administrative Agent, such Issuing Lender or such Lenderthe Issuing Bank, as the case may be, agrees to promptly return the amount of any excess to the Borrower (or to any other Person who may be entitled thereto under applicable law).
Appears in 4 contracts
Sources: Revolving Credit and Term Loan Agreement (Strategic Education, Inc.), Revolving Credit and Term Loan Agreement (Strategic Education, Inc.), Revolving Credit and Term Loan Agreement (Strategic Education, Inc.)
Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower in respect of any such sum due from it to the Administrative Agent, any Issuing Lender Agent or any Lender hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent, any Issuing Lender Agent or any Lender from the Borrower in the Agreement Currency, the Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent, any Issuing Lender Agent or any Lender in such currency, the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, agrees to return the amount of any excess to the Borrower (or to any other Person who may be entitled thereto under applicable law).
Appears in 4 contracts
Sources: Credit Agreement (Cme Group Inc.), Credit Agreement (Cme Group Inc.), Credit Agreement (Cme Group Inc.)
Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or under any other Loan Credit Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower in respect of any such sum due from it to either the Administrative Agent, any Issuing Lender Agent or any Lender hereunder or under the any other Loan Documents Credit Document shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, Lender of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, Lender may in accordance with normal banking procedures in the relevant jurisdiction purchase the Agreement Currency with the Judgment Currency. If ; if the amount of the Agreement Currency so purchased is less than the sum originally adjudged to be due to the Administrative Agent, any Issuing Agent or such Lender or any Lender from the Borrower in the Agreement CurrencyCurrency (as converted on the date of final judgment), the Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, Lender against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally adjudged to be due to the Administrative Agent, any Issuing Lender Agent or any such Lender in such currency, the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, Lender agrees to return the amount of any excess to the Borrower (or to any other Person who may be entitled thereto under applicable law). The obligations of Borrower contained in this Section 9.14 shall survive the termination of this Agreement and the payment of all other amounts owing hereunder.
Appears in 4 contracts
Sources: Credit Agreement (Central European Media Enterprises LTD), Credit Agreement (Central European Media Enterprises LTD), Commitment Letter (Central European Media Enterprises LTD)
Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or under any other Loan Document in one the currency expressed to be payable therein (the “Judgment Currency”) into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency Judgment Currency with such other currency at the Administrative Agent’s main New York City office on the Business Day preceding that on which final judgment is given. The obligation of the Borrower in respect of any such sum due from it to the Administrative Agent, any Issuing Lender Agent or any Lender hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) Currency other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent, any Issuing Lender Agent or any Lender from the Borrower in the Agreement Currency, the Borrower agrees, to the fullest extent that it may effectively do so, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent, any Issuing Lender Agent or any Lender in such currencyJudgment Currency, the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, agrees to return the amount of any excess to the Borrower (or to any other Person who may be entitled thereto under applicable law).
Appears in 4 contracts
Sources: Revolving Credit Agreement (Fedex Corp), Delayed Draw Term Loan Agreement (FedEx Freight Holding Company, Inc.), Revolving Credit Agreement (FedEx Freight Holding Company, Inc.)
Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or under any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the each Borrower in respect of any such sum due from it to the Administrative Agent, the Collateral Agent, any Issuing Lender or any Lender the L/C Issuer hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, the Collateral Agent, such Issuing Lender or such Lenderthe L/C Issuer, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent, the Collateral Agent, such Issuing Lender or such Lenderthe L/C Issuer, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent, the Collateral Agent, any Issuing Lender or the L/C Issuer from any Lender from the Borrower in the Agreement Currency, the such Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent, the Collateral Agent, such Issuing Lender or such Lenderthe L/C Issuer, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent, the Collateral Agent, any Issuing Lender or any Lender the L/C Issuer in such currency, the Administrative Agent, the Collateral Agent, such Issuing Lender or such Lenderthe L/C Issuer, as the case may be, agrees to return the amount of any excess to the such Borrower (or to any other Person who may be entitled thereto under applicable law). The agreement in this Section 10.20 shall survive the termination of the Aggregate Commitments and the repayment, satisfaction or discharge of all other Obligations.
Appears in 4 contracts
Sources: Credit Agreement (Host Hotels & Resorts L.P.), Credit Agreement (Host Hotels & Resorts L.P.), Credit Agreement (Host Hotels & Resorts, Inc.)
Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the each Borrower in respect of any such sum due from it to the Administrative Agent, any Issuing Lender the L/C Issuer or any Lender hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, such Issuing Lender the L/C Issuer or such Lender, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent, such Issuing Lender the L/C Issuer or such Lender, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent, any Issuing Lender the L/C Issuer or any Lender from the any Borrower in the Agreement Currency, the such Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent, such Issuing Lender the L/C Issuer or such Lender, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent, any Issuing Lender the L/C Issuer or any Lender in such currency, the Administrative Agent, such Issuing Lender the L/C Issuer or such Lender, as the case may be, agrees to return the amount of any excess to the such Borrower (or to any other Person who may be entitled thereto under applicable law).
Appears in 4 contracts
Sources: Credit Agreement (Toro Co), Credit Agreement (Toro Co), Credit Agreement (Clean Harbors Inc)
Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due from any Borrower hereunder or any other Loan Document in one the currency expressed to be payable herein (the “Specified Currency”) into another currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency Specified Currency with such other currency at the Administrative Agent’s office in New York, New York on the Business Day preceding that on which final the final, non-appealable judgment is given. The obligation obligations of the each Borrower in respect of any such sum due from it to any Lender or the Administrative Agent, any Issuing Lender or any Lender Agent hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Specified Currency”), be discharged only to the extent that on the Business Day following receipt by such Lender or the Administrative Agent, such Issuing Lender or such Lender, Agent (as the case may be, ) of any sum adjudged to be so due in the Judgment Currency, such other currency such Lender or the Administrative Agent, such Issuing Lender or such Lender, Agent (as the case may be, ) may in accordance with normal normal, reasonable banking procedures purchase the Agreement Specified Currency with the Judgment Currencysuch other currency. If the amount of the Agreement Specified Currency so purchased is less than the sum originally due to such Lender or the Administrative Agent, any Issuing Lender or any Lender from as the Borrower case may be, in the Agreement Specified Currency, the each Borrower agrees, to the fullest extent that it may effectively do so, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or the Administrative Agent, such Issuing Lender or such Lender, as the case may be, against such loss. If , and if the amount of the Agreement Specified Currency so purchased is greater than exceeds (a) the sum originally due to any Lender or the Administrative Agent, as the case may be, in the Specified Currency and (b) any Issuing amounts shared with other Lenders as a result of allocations of such excess as a disproportionate payment to such Lender under Section 13.02, such Lender or any Lender in such currency, the Administrative Agent, such Issuing Lender or such Lender, as the case may be, agrees to return the amount of any remit such excess to the Borrower (or to any other Person who may be entitled thereto under applicable law)such Borrower.
Appears in 4 contracts
Sources: Five Year Credit Agreement (Trimble Navigation LTD /Ca/), Credit Agreement (Trimble Navigation LTD /Ca/), Credit Agreement (Trimble Navigation LTD /Ca/)
Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower any Loan Party in respect of any such sum due from it to the Administrative Agent, any Issuing Lender Bank or any Lender hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, such Issuing Lender Bank or such Lender, Lender (as the case may be, applicable) of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent, such Issuing Lender Bank or such Lender, Lender (as the case may be, applicable) may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent, such Issuing Bank or such Lender (as applicable) from any Issuing Lender or any Lender from the Borrower Loan Party in the Agreement Currency, the Borrower agreesBorrowers agree jointly and severally, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent, such Issuing Lender Bank or such Lender, Lender (as the case may be, applicable) or such other person to whom such obligation was owing against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent, any such Issuing Bank or such Lender or any Lender (as applicable) in such currency, the Administrative Agent, such Issuing Lender Bank or such Lender, Lender (as the case may be, applicable) agrees to return the amount of any excess to the Borrower such Loan Party (or to any other Person person who may be entitled thereto under applicable law).
Appears in 4 contracts
Sources: Credit Agreement (Indivior PLC), Credit Agreement (Indivior PLC), Credit Agreement (Indivior PLC)
Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one the currency denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”) into another currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency Agreement Currency with such other currency at the Administrative Agent’s main New York City office on the Business Day preceding that on which final final, non-appealable judgment is given. The obligation obligations of the Borrower each Loan Party in respect of any such sum due from it to the Administrative Agent, any Issuing Lender Agent or any Lender the Lenders hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by such Lender or the Administrative Agent, such Issuing Lender or such Lender, Agent (as the case may be, ) of any sum adjudged to be so due in the Judgment Currency, such Lender or the Administrative Agent, such Issuing Lender or such Lender, Agent (as the case may be, ) may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to such Lender or the Administrative Agent, any Issuing Lender or any Lender from as the Borrower case may be, in the Agreement Currency, the Borrower agreesLoan Parties agree, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or the Administrative Agent, such Issuing Lender or such Lenderother person to whom such obligation was owing, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than (a) the sum originally due to any Lender or the Administrative Agent, as the case may be, in the Agreement Currency and (b) any Issuing amounts shared with other Lenders as a result of allocations of such excess as a disproportionate payment to such Lender under Section 2.16, such Lender or any Lender in such currency, the Administrative Agent, such Issuing Lender or such Lender, as the case may be, agrees to return the amount of any excess to the Borrower (or to any other Person who may be entitled thereto under applicable law)respective Loan Party.
Appears in 3 contracts
Sources: Credit Agreement (Mallinckrodt PLC), Superpriority Senior Secured Debtor in Possession Credit Agreement (Mallinckrodt PLC), Credit Agreement (Mallinckrodt PLC)
Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which which, in accordance with normal banking procedures procedures, any applicable Fronting L/C Issuer, the Several L/C Agent or the Administrative Agent Agent, as may be the case, could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the each Borrower in respect of any such sum due from it to any Fronting L/C Issuer, the Several L/C Agent or the Administrative Agent, any Issuing Lender or any Lender as may be the case, hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by such Fronting L/C Issuer, the Several L/C Agent or the Administrative Agent, such Issuing Lender or such Lender, as may be the case may becase, of any sum adjudged to be so due in the Judgment Currency, such Fronting L/C Issuer, the Several L/C Agent or the Administrative Agent, such Issuing Lender or such Lender, as may be the case may becase, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to such Fronting L/C Issuer, the Several L/C Agent or the Administrative Agent, as may be the case, from any Issuing Lender or any Lender from the Borrower in the Agreement Currency, the such Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Fronting L/C Issuer, the Several L/C Agent or the Administrative Agent, such Issuing Lender or such Lender, as may be the case may becase, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to such Fronting L/C Issuer, the Several L/C Agent or the Administrative Agent, any Issuing Lender or any Lender as may be the case, in such currency, such Fronting L/C Issuer, the Several L/C Agent or the Administrative Agent, such Issuing Lender or such Lender, as may be the case may becase, agrees to return the amount of any excess to the such Borrower (or to any other Person who may be entitled thereto under applicable law).
Appears in 3 contracts
Sources: Credit Agreement (Metlife Inc), Credit Agreement (Metlife Inc), Five Year Credit Agreement (Metlife Inc)
Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or under any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower and each other Loan Party in respect of any such sum due from it to the Administrative Agent, any Issuing Lender the L/C Issuer or any Lender hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent, any Issuing Lender Agent or any Lender from the Borrower or any other Loan Party in the Agreement Currency, the Borrower and each other Loan Party agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent, such Issuing Lender the L/C Issuer or such Lender, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent, any Issuing Lender the L/C Issuer or any such Lender in such currency, the Administrative Agent, such Issuing Lender the L/C Issuer or such Lender, as the case may be, agrees to return the amount of any excess to the Borrower or such other Loan Party (or to any other Person who may be entitled thereto under applicable lawApplicable Law). All of the Borrower’s and each other Loan Party’s obligations under this Section 11.19 shall survive termination of the Aggregate Commitments and repayment of all other Obligations hereunder.
Appears in 3 contracts
Sources: Credit Agreement (Welltower Inc.), Credit Agreement (Welltower Inc.), Credit Agreement (Welltower Inc.)
Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower Borrowers in respect of any such sum due from it to the Administrative Agent, any the Issuing Lender Bank or any Lender hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, such the Issuing Lender Bank or such Lender, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent, such the Issuing Lender Bank or such Lender, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent, any the Issuing Lender Bank or any Lender from the Borrower Borrowers in the Agreement Currency, the Borrower Borrowers agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent, such the Issuing Lender Bank or such Lender, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent, any the Issuing Lender Bank or any Lender in such currency, the Administrative Agent, such the Issuing Lender Bank or such Lender, as the case may be, agrees to return the amount of any excess to the Borrower Borrowers (or to any other Person who may be entitled thereto under applicable law).
Appears in 3 contracts
Sources: Credit Agreement (Advance Holdings, LLC), Credit Agreement (Books a Million Inc), Credit Agreement (Books a Million Inc)
Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower each Grantor in respect of any such sum due from it to the Administrative Agent, any Issuing Lender Agent or any Lender hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent, any Issuing Lender Agent or any Lender from the Borrower any Grantor in the Agreement Currency, the Borrower such Grantor agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent, any Issuing Lender Agent or any Lender in such currency, the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, agrees to return the amount of any excess to the Borrower such Grantor (or to any other Person who may be entitled thereto under applicable law).
Appears in 3 contracts
Sources: Guaranty and Collateral Agreement (Furmanite Corp), Credit Agreement (Furmanite Corp), Guaranty and Collateral Agreement (Furmanite Corp)
Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the each Borrower in respect of any such sum due from it to the Administrative Agent, any Issuing Lender Agent or any the Lender hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent, any Issuing Lender Agent or any Lender from the any Borrower in the Agreement Currency, the such Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent, such Issuing Lender or such Lender, as the case may be, Agent against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent, any Issuing Lender Agent or any Lender in such currency, the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, agrees to return the amount of any excess to the such Borrower (or to any other Person who may be entitled thereto under applicable law).
Appears in 3 contracts
Sources: Credit Agreement (Gilead Sciences Inc), Short Term Revolving Credit Facility Credit Agreement (Gilead Sciences Inc), Credit Agreement (Gilead Sciences Inc)
Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one the currency denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”) into another currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency Agreement Currency with such other currency at the Administrative Agent’s main New York City office on the Business Day preceding that on which final final, non-appealable judgment is given. The obligation obligations of the Borrower each Loan Party in respect of any such sum due from it to the Administrative Agent, any Issuing Lender Agent or any Lender the Lenders hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by such Lender or the Administrative Agent, such Issuing Lender or such Lender, Agent (as the case may be, ) of any sum adjudged to be so due in the Judgment Currency, such Lender or the Administrative Agent, such Issuing Lender or such Lender, Agent (as the case may be, ) may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to such Lender or the Administrative Agent, any Issuing Lender or any Lender from as the Borrower case may be, in the Agreement Currency, the Borrower agreesLoan Parties agree, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or the Administrative Agent, such Issuing Lender or such Lenderother person to whom such obligation was owing, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than (a) the sum originally due to any Lender or the Administrative Agent, as the case may be, in the Agreement Currency and (b) any Issuing amounts shared with other Lenders as a result of allocations of such excess as a disproportionate payment to such Lender under Section 2.18, such Lender or any Lender in such currency, the Administrative Agent, such Issuing Lender or such Lender, as the case may be, agrees to return the amount of any excess to the Borrower (or to any other Person who may be entitled thereto under applicable law)respective Loan Party.
Appears in 3 contracts
Sources: Incremental Assumption Agreement (Mallinckrodt PLC), Credit Agreement (Mallinckrodt PLC), Credit Agreement (Mallinckrodt PLC)
Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or under any other Loan Credit Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of each of the Borrower applicable Borrowers in respect of any such sum due from it to either the Administrative Agent, any Issuing Lender Agent or any Lender hereunder or under the any other Loan Documents Credit Document shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, Lender of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, Lender may in accordance with normal banking procedures in the relevant jurisdiction purchase the Agreement Currency with the Judgment Currency. If ; if the amount of the Agreement Currency so purchased is less than the sum originally adjudged to be due to the Administrative Agent, any Issuing Agent or such Lender or any Lender from the Borrower in the Agreement CurrencyCurrency (as converted on the date of final judgment), the Borrower agreesBorrowers agree, jointly and severally, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, Lender against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally adjudged to be due to the Administrative Agent, any Issuing Lender Agent or any such Lender in such currency, the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, Lender agrees to return the amount of any excess to the Borrower Borrowers (or to any other Person who may be entitled thereto under applicable law). The obligations of the Borrowers contained in this Section 9.14 shall survive the termination of this Agreement and the payment of all other amounts owing hereunder.
Appears in 3 contracts
Sources: Credit Agreement (Time Warner Inc.), Credit Agreement (Time Warner Inc.), Credit Agreement (Time Warner Inc.)
Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower in respect of any such sum due from it to the Administrative Agent, any Issuing Lender or any Lender the L/C Issuer hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, such Issuing Lender or such Lenderthe L/C Issuer, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent, such Issuing Lender or such Lenderthe L/C Issuer, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If To the extent permitted by Applicable Law, if the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent, any Issuing Lender or any Lender Agent from the Borrower in the Agreement CurrencyCurrency after taking into account any set-offs or counterclaims of any Loan Party against the Person to whom such obligation was owing on which a final judgment has been rendered, the Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent, such Issuing Lender or such Lenderthe L/C Issuer, as the case may be, to whom such obligation was owing against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent, any Issuing such Lender or any Lender in such currency, the Administrative Agent, such Issuing Lender or such LenderL/C Issuer, as the case may be, in such currency, the Administrative Agent agrees to return the amount of any excess to the Borrower (or to any other Person who may be entitled thereto under applicable lawApplicable Law).
Appears in 3 contracts
Sources: Credit Agreement (Helen of Troy LTD), Credit Agreement (Helen of Troy LTD), Credit Agreement (Helen of Troy LTD)
Judgment Currency. If, (a) If for the purposes of obtaining judgment in any court, court it is necessary to convert a sum due hereunder or in any other Loan Document in one currency into (the “Original Currency”) to another currencycurrency (the “Other Currency”), the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency Spot Rate on the second Business Day preceding that on which final judgment is given. .
(b) The obligation of the Borrower Borrowers, the Servicer, the Performance Guarantor or any Originator, as the case may be, in respect of any such sum due in the Original Currency from it to any Lender, any Managing Agent or the Administrative Agent, any Issuing Lender or any Lender Agent hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment any Other Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, such Issuing Lender or such Lender, Managing Agent or Administrative Agent (as the case may be, ) of any sum adjudged to be so due in the Judgment such Other Currency, the Administrative Agent, such Issuing Lender or such Lender, such Managing Agent or the Administrative Agent (as the case may be, ) may in accordance with normal banking procedures purchase the Agreement Original Currency with the Judgment such Other Currency. If ; if the amount of the Agreement Original Currency so purchased is less than the sum originally due to such Lender, such Managing Agent or the Administrative Agent, any Issuing Lender or any Lender from Agent (as the Borrower case may be) in the Agreement Original Currency, the Borrower Borrowers, the Servicer or the Performance Guarantor, as the case may be, agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender, such Managing Agent or the Administrative AgentAgent (as the case may be) against any loss resulting from such purchase or from the inability to effect such purchase, and if the amount of the Original Currency so purchased exceeds the sum originally due to any Lender, any Managing Agent or the Administrative Agent (as the case may be) in the Original Currency, such Issuing Lender lender, such Managing Agent or such Lenderthe Administrative Agent (as the case may be) agrees to remit to the Borrowers, the Servicer or the Performance Guarantor, as the case may be, against such loss. If excess.
(c) For purposes of this Section 12.20, “Spot Rate” means, as of any date of determination with respect to the conversion of an amount in the Original Currency to an Other Currency, the rate of exchange quoted by the Administrative Agent’s principal office in New York City prior to 4:00 p.m. (New York City time) on such date of determination to prime banks in New York, New York (or the other applicable market), as appropriate, for the spot purchase in the foreign exchange market of such city of such amount of the Agreement Original Currency so purchased is greater than the sum originally due to the Administrative Agent, any Issuing Lender or any Lender in with such currency, the Administrative Agent, such Issuing Lender or such Lender, as the case may be, agrees to return the amount of any excess to the Borrower (or to any other Person who may be entitled thereto under applicable law)Other Currency.
Appears in 3 contracts
Sources: Receivables Financing Agreement (Herc Holdings Inc), Receivables Financing Agreement (Herc Holdings Inc), Receivables Financing Agreement (Herc Holdings Inc)
Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due Each Credit Party’s obligation hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower in respect of any such sum due from it to the Administrative Agent, any Issuing Lender or any Lender hereunder or and under the other Loan Documents shall, notwithstanding to make payments in Dollars shall not be discharged or satisfied by any tender or recovery pursuant to any judgment expressed in a or converted into any currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”)Dollars, be discharged only except to the extent that on such tender or recovery results in the Business Day following effective receipt by the Administrative Agent, such the Issuing Lender or the respective Lender of the full amount of Dollars expressed to be payable to the Administrative Agent, the Issuing Lender or such LenderLender under this Agreement or the other Loan Documents. If, for the purpose of obtaining or enforcing judgment against any Credit 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 case may be“Judgment Currency”), of any sum adjudged to be so an amount due in Dollars, the Judgment Currencyconversion shall be made, at the rate of exchange 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), such Issuing Lender or such Lenderdetermined, in each case, as of the case may be, may in accordance with normal banking procedures purchase Business Day on which the Agreement Currency with the Judgment Currencyjudgment is given. If the amount of the Agreement Currency Dollars so purchased is less than the sum originally due to the Administrative Agent, any the Issuing Lender or any Lender from the Borrower in the Agreement CurrencyBorrowers, the each Borrower agrees, jointly and severally, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent, such the Issuing Lender or such Lender, as the case may be, against such loss. If the amount of the Agreement Currency Dollars so purchased is greater than the sum originally due to the Administrative Agent, any the Issuing Lender or any Lender in such currencyLender, the Administrative Agent, such the Issuing Lender or such Lender, as the case may be, agrees to return the amount of any excess to the Borrower Borrowers (or to any other Person who may be entitled thereto under applicable lawApplicable Law). For purposes of determining any rate of exchange for this Section 11.22, such amounts shall include any premium and costs payable in connection with the purchase of Dollars.
Appears in 3 contracts
Sources: Credit Agreement (Ubiquiti Networks, Inc.), Credit Agreement (Ubiquiti Networks, Inc.), Credit Agreement (Ubiquiti Networks, Inc.)
Judgment Currency. If, If for the purposes purpose of obtaining judgment in any court, court it is necessary to convert a sum due from a Borrower hereunder or any other Loan Document in one the currency expressed to be payable herein (the “specified currency”) into another currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first specified currency with other such other currency at the Administrative Agent’s New York Office on the Business Day preceding that is on or immediately following the day on which final judgment is given. The obligation obligations of the Borrower Borrowers in respect of any such sum due from it to any Lender, the Administrative Agent, any Issuing Lender the Multi-Currency Payment Agent or any Lender the Canadian Administrative Agent hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”)specified currency, be discharged only to the extent that on the Business Day following receipt by such Lender, the Administrative Agent, such Issuing Lender the Multi-Currency Payment Agent or such Lenderthe Canadian Administrative Agent, as the case may be, of any sum adjudged to be so due in the Judgment Currencysuch other currency, such Lender, the Administrative Agent, such Issuing Lender the Multi-Currency Payment Agent or such Lender, the Canadian Administrative Agent as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency specified currency with the Judgment Currencysuch other currency. If the amount of the Agreement Currency specified currency so purchased is less than the sum originally due to such Lender, the Administrative Agent, any Issuing Lender the Multi-Currency Payment Agent or any Lender from the Borrower Canadian Administrative Agent, as the case may be, in the Agreement Currencyspecified currency, each of the Borrower Borrowers agrees, to the fullest extent it may effectively do so, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender, the Administrative Agent, such Issuing Lender the Multi-Currency Payment Agent or such Lenderthe Canadian Administrative Agent, as the case may be, against such loss. If , and if the amount of the Agreement Currency specified currency so purchased is greater than exceeds the sum originally due to any Lender, the Administrative Agent the Multi-Currency Payment Agent or the Canadian Administrative Agent, as the case may be, in the specified currency, such Lender or the Administrative Agent, any Issuing Lender or any Lender in such currencythe Multi-Currency Payment Agent, or the Canadian Administrative Agent, such Issuing Lender or such Lender, as the case may be, agrees to return the amount of any remit such excess to the Borrower (or to any other Person who may be entitled thereto under applicable law)Borrowers.
Appears in 3 contracts
Sources: Credit Agreement (Iron Mountain Inc), Credit Agreement (Iron Mountain Inc), Credit Agreement (Iron Mountain Inc)
Judgment Currency. IfThis is a loan transaction in which the specification of a foreign currency or Dollars is of the essence, and the stipulated currency shall in each instance be the currency of account and payment in all instances. A payment obligation in one currency hereunder (the “Original Currency”) shall not be discharged by an amount paid in another currency (the “Other Currency”), whether pursuant to any judgment expressed in or converted into any Other Currency or in another place except to the extent that such tender or recovery results in the effective receipt by a party hereto of the full amount of the Original Currency payable to such party. If for the purposes purpose of obtaining judgment in any court, court it is necessary to convert a sum due hereunder or any other Loan Document in one currency the Original Currency into another currencythe Other Currency, the rate of exchange used that shall apply shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is givenapplicable Spot Rate. The obligation of the Borrower and the Subsidiaries in respect of any such sum due from it to the Administrative Agent, any Issuing Lender Bank or any Lender hereunder or under the other any Loan Documents Document (in this Section 10.20 called an “Entitled Person”) shall, notwithstanding any judgment the rate of exchange actually applied in a currency (the “Judgment Currency”) other than that in which rendering such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”)judgment, be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, such Issuing Lender or such Lender, as the case may be, Entitled Person of any sum adjudged to be so due hereunder in the Judgment Currency, the Administrative Agent, Other Currency such Issuing Lender or such Lender, as the case may be, Entitled Person may in accordance with normal banking procedures purchase the Agreement Original Currency with the Judgment Currency. If the amount of the Agreement Currency judgment currency so purchased is less than adjudged to be due; and the sum originally due to the Administrative Agent, any Issuing Lender or any Lender from the Borrower in the Agreement Currency, the Borrower agreesBorrower, as a separate obligation and notwithstanding any such judgment, agrees to indemnify such Entitled Person against, and to pay such Entitled Person on demand, in the Administrative AgentOriginal Currency, such Issuing Lender or such Lender, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than (if any) by which the sum originally due to such Entitled Person in the Administrative Agent, any Issuing Lender or any Lender in such currency, the Administrative Agent, such Issuing Lender or such Lender, as the case may be, agrees to return Original Currency hereunder exceeds the amount of any excess to the Borrower (or to any other Person who may be entitled thereto under applicable law)Other Currency so purchased.
Appears in 3 contracts
Sources: Credit Facility Agreement (Lennox International Inc), Revolving Credit Facility Agreement (Lennox International Inc), Revolving Credit Facility Agreement (Lennox International Inc)
Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Credit Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower each Credit Party in respect of any such sum due from it to the Administrative Agent, any Issuing Lender or any Lender Issuing Bank hereunder or under the other Loan Credit Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Credit Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, such Issuing Lender or such LenderIssuing Bank, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent, such Issuing Lender or such LenderIssuing Bank, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent, any Issuing Lender or any Lender Issuing Bank from the Borrower any Credit Party in the Agreement Currency, the Borrower such Credit Party agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent, such Issuing Lender or such LenderIssuing Bank, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent, any Issuing such Lender or any Lender such Issuing Bank in such currency, the Administrative Agent, such Issuing Lender or such LenderIssuing Bank, as the case may be, agrees to return the amount of any excess to the Borrower such Credit Party (or to any other Person who may be entitled thereto under applicable law).
Appears in 3 contracts
Sources: Credit Agreement (Medtronic PLC), Credit Agreement (Medtronic PLC), Credit Agreement (Medtronic PLC)
Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Credit Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower Borrowers or Guarantors, as applicable, in respect of any such sum due from it to the Administrative Agent, any LC Issuing Lender Bank or any Lender hereunder or under the other Loan Credit Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, such LC Issuing Lender Bank or such Lender, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent, such LC Issuing Lender Bank or such Lender, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent, any LC Issuing Lender Bank or any Lender from the Borrower Borrowers or Guarantors, as applicable, in the Agreement Currency, the Borrower agreesBorrowers or Guarantors, as applicable, agree, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent, such LC Issuing Lender Bank or such Lender, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent, any LC Issuing Lender Bank or any Lender in such currency, the Administrative Agent, such LC Issuing Lender Bank or such Lender, as the case may be, agrees to return the amount of any excess to the Borrower Borrowers or Guarantors, as applicable (or to any other Person who may be entitled thereto under applicable lawGovernmental Rules).
Appears in 2 contracts
Sources: Credit and Guaranty Agreement (Pattern Energy Group Inc.), Credit and Guaranty Agreement (Pattern Energy Group Inc.)
Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Processing Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower in respect of any such sum due from it to the Administrative Agent, any Issuing Lender Processing Agent or any Lender hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, such Issuing Lender Processing Agent or such Lender, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent, such Issuing Lender Processing Agent or such Lender, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent, any Issuing Lender Processing Agent or any Lender from the Borrower in the Agreement Currency, the Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent, such Issuing Lender Processing Agent or such Lender, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent, any Issuing Lender Processing Agent or any Lender in such currency, the Administrative Agent, such Issuing Lender Processing Agent or such Lender, as the case may be, agrees to return the amount of any excess to the Borrower (or to any other Person who may be entitled thereto under applicable lawApplicable Law).
Appears in 2 contracts
Sources: 364 Day Revolving Credit Agreement (Lowes Companies Inc), Credit Agreement (Lowes Companies Inc)
Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Guarantor Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower each Subsidiary Guarantor in respect of any such sum due from it to the Administrative Agent, any Issuing Lender or any Lender Guaranteed Party hereunder or under the other Loan Guarantor Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this the Credit Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, such Issuing Lender or such Lender, as the case may be, Agent of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent, such Issuing Lender or such Lender, as the case may be, Agent may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent, Agent from any Issuing Lender or any Lender from the Borrower Subsidiary Guarantor in the Agreement Currency, the Borrower such Subsidiary Guarantor agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent, Agent or the Person to whom such Issuing Lender or such Lender, as the case may be, obligation was owing against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent, any Issuing Lender Agent or any Lender the Person to whom such obligation was owing in such currency, the Administrative Agent, Agent (by its acceptance hereof) or the Person to whom such Issuing Lender or such Lender, as the case may be, obligation was owing agrees to return the amount of any excess to the Borrower such Subsidiary Guarantor (or to any other Person who may be entitled thereto under applicable law). The agreements in this Section 24 shall survive the termination of the Commitments and repayment of all Guaranteed Obligations.
Appears in 2 contracts
Sources: Credit Agreement (Analog Devices Inc), Credit Agreement (Analog Devices Inc)
Judgment Currency. (a) If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one under the Notes from a currency (the “Original Currency”) into another currencycurrency (the “Other Currency”), the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency Original Currency with such other currency the Other Currency at its office in London, England on the second Eurocurrency Business Day preceding that the day on which final judgment is given. .
(b) The obligation of the any Borrower in respect of any such sum due in the Original Currency from it to any Lender or the Administrative Agent, any Issuing Lender or any Lender Agent hereunder or under the other Loan Documents Note held by such Lender shall, notwithstanding any judgment in a currency (the “Judgment any Other Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only if and to the extent that on the Eurocurrency Business Day following receipt by such Lender or the Administrative Agent, such Issuing Lender or such Lender, as the case may be, Agent of any sum adjudged to be so due in the Judgment Currency, such Other Currency such Lender or the Administrative Agent, such Issuing Lender or such Lender, as the case may be, Agent may in accordance with normal banking procedures purchase such amount of the Agreement Original Currency with such Other Currency at its office in London, England which the Judgment Currency. If Administrative Agent could have purchased on the second Eurocurrency Business Day preceding the day on which the final judgment referred to in Section 11.18(a) is given; if the amount of the Agreement Original Currency so purchased is less than the sum originally due to amount of the Original Currency which the Administrative AgentAgent could have purchased on the second Eurocurrency Business Day preceding the day on which such final judgment is given, any Issuing Lender or any Lender from the Borrower in the Agreement Currency, the such Borrower agrees, as a separate obligation Obligations and notwithstanding any such judgment, to indemnify such Lender or the Administrative Agent, such Issuing Lender or such Lender, as the case may be, Agent against such loss. If difference, and if the amount of the Agreement Original Currency so purchased is greater than the sum originally due to the Administrative Agent, any Issuing Lender or any Lender in such currency, the Administrative Agent, such Issuing Lender or such Lender, as the case may be, agrees to return exceeds the amount of any excess the Original Currency which the Administrative Agent could have purchased on the second Eurocurrency Business Day preceding that on which such final judgment is given, such Lender or the Administrative Agent agrees to the remit to such Borrower (or to any other Person who may be entitled thereto under applicable law)such excess.
Appears in 2 contracts
Sources: Revolving Credit Agreement (Electronic Data Systems Corp /De/), Amendment and Restatement Agreement (Electronic Data Systems Corp /De/)
Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower in respect of any such sum due from it to the Administrative Agent, any Issuing Lender the L/C Issuer or any Lender hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, such Issuing Lender the L/C Issuer or such Lender, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent, such Issuing Lender the L/C Issuer or such Lender, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent, any Issuing Lender the L/C Issuer or any Lender from the Borrower in the Agreement Currency, the Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent, such Issuing Lender the L/C Issuer or such Lender, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent, any Issuing Lender the L/C Issuer or any Lender in such currency, the Administrative Agent, such Issuing Lender the L/C Issuer or such Lender, as the case may be, agrees to return the amount of any excess to the Borrower (or to any other Person who may be entitled thereto under applicable lawApplicable Law).
Appears in 2 contracts
Sources: Credit Agreement (Mosaic Co), Credit Agreement (Mosaic Co)
Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower Guarantor in respect of any such sum due from it to the Administrative Agent, any Issuing Lender Agent or any the Canadian Lender hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement Guarantee (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, such Issuing Lender Agent or such the Canadian Lender, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent, such Issuing Lender Agent or such the Canadian Lender, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent, any Issuing Lender Agent or any the Canadian Lender from the Borrower Guarantor in the Agreement Currency, the Borrower Guarantor agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent, such Issuing Lender Agent or such the Canadian Lender, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent, any Issuing Lender Agent or any the Canadian Lender in such currency, the Administrative Agent, such Issuing Lender Agent or such the Canadian Lender, as the case may be, agrees to return the amount of any excess to the Borrower Guarantor (or to any other Person who may be entitled thereto under applicable lawLaws).
Appears in 2 contracts
Sources: Credit Agreement (Schnitzer Steel Industries Inc), Credit Agreement (Schnitzer Steel Industries Inc)
Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the each Borrower in respect of any such sum due from it to the Administrative Agent, any Issuing Lender Agent or any Lender hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) Currency other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent, any Issuing Lender Agent or any Lender from the any Borrower in the Agreement Currency, the such Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent, any Issuing Lender Agent or any Lender in such currency, the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, agrees to return the amount of any excess to the such Borrower (or to any other Person who may be entitled thereto under applicable law).
Appears in 2 contracts
Sources: Credit Agreement (Candela Medical, Inc.), Credit Agreement (Candela Medical, Inc.)
Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower applicable Loan Party in respect of any such sum due from it to the Administrative Agent, any Issuing Lender Agent or any Lender or Issuing Bank hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, Agent or such Issuing Lender or such LenderIssuing Bank, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent, Agent or such Issuing Lender or such LenderIssuing Bank, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent, any Issuing Lender Agent or any Lender or Issuing Bank from the Borrower any Loan Party in the Agreement Currency, the Borrower each Loan Party agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent, Agent or such Issuing Lender or such LenderIssuing Bank, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent, any Issuing Lender Agent or any Lender or Issuing Bank in such currency, the Administrative Agent, Agent or such Issuing Lender or such LenderIssuing Bank, as the case may be, agrees to return the amount of any excess to the Borrower applicable Loan Party (or to any other Person who may be entitled thereto under applicable law).
Appears in 2 contracts
Sources: Credit Agreement (Keurig Dr Pepper Inc.), Credit Agreement (Keurig Dr Pepper Inc.)
Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower in respect of any such sum due from it to the Administrative Agent, any Issuing Lender Bank or any Lender hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, such Issuing Lender Bank or such Lender, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent, such Issuing Lender Bank or such Lender, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent, any Issuing Lender Bank or any Lender from the Borrower in the Agreement Currency, the Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent, such Issuing Lender Bank or such Lender, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent, any Issuing Lender Bank or any Lender in such currency, the Administrative Agent, such Issuing Lender Bank or such Lender, as the case may be, agrees to return the amount of any excess to the Borrower (or to any other Person who may be entitled thereto under applicable law).
Appears in 2 contracts
Sources: Credit Agreement (Radioshack Corp), Credit Agreement (Radioshack Corp)
Judgment Currency. IfThis is an international loan transaction in which the specification of Canadian Dollars or U.S. Dollars is of the essence, and the stipulated currency shall in each instance be the Currency of account and payment in all instances. A payment obligation in one Currency hereunder (the "Original Currency") shall not be discharged by an amount paid in another currency (the "Other Currency"), whether pursuant to any judgment expressed in or converted into any Other Currency or in another place except to the extent that such tender or recovery results in the effective receipt by the payee of the full amount of the Original Currency payable to it under this Guaranty Agreement. If for the purposes purpose of obtaining judgment in any court, court it is necessary to convert a sum due hereunder or any other Loan Document in one currency the Original Currency into another currencythe Other Currency, the rate of exchange used that shall be applied shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase Original Currency at the first currency Principal Office with such other currency the Other Currency on the Business Day next preceding that the day on which final such judgment is givenrendered. The obligation of the Borrower Guarantor in respect of any such sum due from it to the Administrative Agent, any Issuing Lender Agent or any Lender hereunder or under the any other Loan Documents Document (in this Section 5.06 called an "Entitled Person") shall, notwithstanding any judgment the rate of exchange actually applied in a currency (the “Judgment Currency”) other than that in which rendering such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”)judgment, be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, such Issuing Lender or such Lender, as the case may be, Entitled Person of any sum adjudged to be so due hereunder in the Judgment Currency, the Administrative Agent, Other Currency such Issuing Lender or such Lender, as the case may be, Entitled Person may in accordance with normal banking procedures purchase and transfer the Agreement Original Currency to Toronto with the Judgment Currency. If the amount of the Agreement Currency judgment currency so purchased is less than adjudged to be due; and the sum originally due to the Administrative Agent, any Issuing Lender or any Lender from the Borrower in the Agreement Currency, the Borrower agreesGuarantor hereby, as a separate obligation and notwithstanding any such judgment, agrees jointly and severally to indemnify such Entitled Person against, and to pay such Entitled Person on demand, in the Administrative AgentOriginal Currency, such Issuing Lender or such Lender, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than (if any) by which the sum originally due to such Entitled Person in the Administrative Agent, any Issuing Lender or any Lender in such currency, the Administrative Agent, such Issuing Lender or such Lender, as the case may be, agrees to return Original Currency hereunder exceeds the amount of any excess to the Borrower (or to any other Person who may be entitled thereto under applicable law)Original Currency so purchased and transferred.
Appears in 2 contracts
Sources: Guaranty Agreement (Ocean Energy Inc), Guaranty Agreement (Ocean Energy Inc)
Judgment Currency. (a) If, for the purposes purpose of obtaining or enforcing judgment against any Loan Party in any courtcourt in any jurisdiction, it is becomes necessary to convert a sum due hereunder or into any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with (such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower being hereinafter in respect of any such sum due from it this Section 9.26 referred to the Administrative Agent, any Issuing Lender or any Lender hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (as the “Judgment Currency”) other than that an amount due under any Loan Document in which such sum is denominated in accordance with the applicable provisions of this Agreement any currency (the “Agreement Obligation Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, such Issuing Lender or such Lender, as the case may be, of any sum adjudged to be so due in ) other than the Judgment Currency, the Administrative Agentconversion shall, such Issuing Lender or such Lenderto the maximum extent permitted by applicable law, as be made at the rate of exchange prevailing on the Business Day immediately preceding the date of actual payment of the amount due, in the case may beof any proceeding in the courts of any jurisdiction that will give effect to such conversion being made on such date, may or the date on which the judgment is given, in accordance with normal banking procedures purchase the Agreement Currency with case of any proceeding in the Judgment Currency. courts of any other jurisdiction.
(b) If the amount of the Agreement Obligation Currency so purchased converted is less than the sum originally due to the Administrative Agent, any Issuing Lender Bank or any Lender from the Borrower any Loan Party in the Agreement Obligation Currency, then the Borrower agreesapplicable Loan Party shall, to the maximum extent permitted by applicable law, and as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent, such Issuing Lender Bank or such Lender, as the case may be, against such loss. If the amount of the Agreement Obligation Currency so purchased converted is greater than the sum originally due to the Administrative Agent, any Issuing Lender Bank or any Lender in such currency, the Administrative Agent, such Issuing Lender Bank or such Lender, as the case may be, agrees to return the amount of any excess to the Borrower applicable Loan Party (or to any other Person who may be entitled thereto under applicable law).
(c) The term “rate of exchange” in this Section 9.26 means the rate of exchange at which Administrative Agent, on the relevant date at or about 12:00 noon (New York time), would be prepared to sell, in accordance with Administrative Agent’s normal course foreign currency exchange practices, the Obligation Currency against the Judgment Currency.
Appears in 2 contracts
Sources: First Lien Credit Agreement (Ranpak Holdings Corp.), First Lien Credit Agreement (Ranpak Holdings Corp.)
Judgment Currency. If, If for the purposes of obtaining judgment in any court, court it is necessary to convert a sum due hereunder or under the Promissory Notes in any other Loan Document in one currency (the “Original Currency”) into another currencycurrency (the “Other Currency”) the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency Original Currency with such other currency the Other Currency at the Administrative Agent’s main office in New York, New York on the Business Day immediately preceding that on which final judgment is given. The obligation of the Borrower in respect of any such sum due in the Original Currency from it to the Administrative Agentany Lender, any Issuing Lender Bank, the Collateral Agent or any Lender Administrative Agent hereunder or under the any other Loan Documents Document shall, notwithstanding any judgment in a currency (the “Judgment any Other Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, such Issuing Lender or such Lender, Issuing Bank, Collateral Agent or the Administrative Agent (as the case may be, ) of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent, such Issuing Lender or Other Currency such Lender, Issuing Bank, Collateral Agent or Administrative Agent (as the case may be, ) may in accordance with normal banking procedures purchase the Agreement Original Currency with the Judgment such Other Currency. If ; if the amount of the Agreement Original Currency so purchased is less than the sum originally due to such Lender, Issuing Bank, Collateral Agent or Administrative Agent (as the Administrative Agent, any Issuing Lender or any Lender from the Borrower case may be) in the Agreement Original Currency, the Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent, such Issuing Lender or such Lender, Issuing Lender, Collateral Agent or Administrative Agent (as the case may be, ) against such loss. If , and if the amount of the Agreement Original Currency so purchased is greater than exceeds the sum originally due in the Original Currency to the Administrative Agent, any Issuing Lender or any Lender in such currency, the Administrative Agent, such Issuing Lender or such Lender, Issuing Lender, Collateral Agent or Administrative Agent (as the case may be), such Lender, Issuing Lender, Collateral Agent or Administrative Agent (as the case may be) agrees to return the amount of any excess remit to the Borrower (or to any other Person who may be entitled thereto under applicable law)such excess.
Appears in 2 contracts
Sources: Credit Agreement (CMS Energy Corp), Credit Agreement (Consumers Energy Co)
Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower Borrowers in respect of any such sum due from it to the Administrative Agent, any Issuing Lender Agent or any Lender hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent, any Issuing Lender Agent or any Lender from the Borrower Borrowers in the Agreement Currency, the Borrower Borrowers agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent, any Issuing Lender Agent or any Lender in such currency, the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, agrees to return the amount of any excess to the Borrower Borrowers (or to any other Person who may be entitled thereto under applicable law). All of the Borrowers’ obligations under this Section shall survive termination of the Commitments and repayment of all other Obligations hereunder.
Appears in 2 contracts
Sources: Credit Agreement (Xerox Corp), Credit Agreement (Xerox Corp)
Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used to do so shall be that at which which, in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that the date on which final judgment is given, as determined by Administrative Agent in its discretion. The obligation of the Borrower each Obligor in respect of any such sum due from it to the Administrative Agent, any Issuing Lender LC Issuer or any Lender hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that the currency in which such sum is denominated in accordance with the applicable provisions of this Agreement or any other Loan Document (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, such Issuing Lender Agent (for itself or such on behalf of LC Issuer or a Lender, as the case may be, ) of any sum adjudged to be so due in the Judgment Currency, the Administrative AgentAgent may, such Issuing Lender or such Lender, as the case may be, may in accordance with normal banking procedures procedures, purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent, any Issuing Lender LC Issuer, or any a Lender from the Borrower any Obligor in the Agreement Currency, the such Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent, such Issuing Lender or such LC Issuer, and each Lender, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent, any Issuing Lender LC Issuer, or any a Lender in such currency, the Administrative Agent, such Issuing Lender LC Issuer, or such Lender, as the case may be, agrees to return the amount of any excess to the such Borrower (or to any other Person who may be entitled thereto under applicable lawApplicable Law).
Appears in 2 contracts
Sources: Credit Agreement (BRC Inc.), Credit Agreement (BRC Inc.)
Judgment Currency. If, (a) If for the purposes purpose of obtaining judgment in any court, court it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the Guarantor agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which which, in accordance with normal banking procedures procedures, the Administrative Agent could purchase the first currency with such other currency in the city in which is located the Administrative Agent account for the first currency on the Business Day preceding that immediately following the day on which final judgment is given. .
(b) The obligation of the Borrower Guarantor in respect of any such sum due from it hereunder to the Administrative Agent, any Issuing Lender the Co-Agent or any Lender hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”"judgment currency") other than that in which such sum is denominated payable in accordance with the applicable provisions of this Agreement Guarantee (the “Agreement Currency”"Guarantee currency"), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent on behalf of the Administrative Agent, such Issuing Lender the Co-Agent or such Lender, as the case may be, Lender of any sum adjudged to be so due in the Judgment Currencyjudgment currency, the Administrative Agent on behalf of the Administrative Agent, such Issuing Lender the Co-Agent or such Lender, as the case may be, Lender may in accordance with normal banking procedures purchase the Agreement Currency Guarantee currency with the Judgment Currency. If judgment currency; if the amount of the Agreement Currency Guarantee currency so purchased is less than the sum originally due to the Administrative Agent, any Issuing the Co-Agent or such Lender or any Lender from the Borrower in the Agreement CurrencyGuarantee currency, the Borrower Guarantor agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent, such Issuing Lender the Co-Agent or such Lender, as the case may be, Lender against such loss. If , and if the amount of the Agreement Currency Guarantee currency so purchased is greater than exceeds the sum originally due to the Administrative Agent, any Issuing Lender the Co-Agent or any Lender in such currencyLender, the Administrative Agent, such Issuing Lender the Co-Agent or such Lender, as the case may be, Lender agrees to return the amount of any excess remit to the Borrower (or to any other Person who may be entitled thereto under applicable law)Guarantor such excess.
Appears in 2 contracts
Sources: Revolving Credit Agreement (Case Corp), Revolving Credit Agreement (Case Credit Corp)
Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the each Borrower in respect of any such sum due from it to the Administrative Agent, any Issuing Lender the L/C Issuer or any Lender hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, such Issuing Lender the L/C Issuer or such Lender, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent, such Issuing Lender the L/C Issuer or such Lender, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent, any Issuing Lender the L/C Issuer or any Lender from the any Borrower in the Agreement Currency, the such Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent, such Issuing Lender the L/C Issuer or such Lender, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent, any Issuing Lender the L/C Issuer or any Lender in such currency, the Administrative Agent, such Issuing Lender the L/C Issuer or such Lender, as the case may be, agrees to return the amount of any excess to the such Borrower (or to any other Person who may be entitled thereto under applicable lawApplicable Law).
Appears in 2 contracts
Sources: Credit Agreement (Toro Co), Credit Agreement (Toro Co)
Judgment Currency. If17.1.1 If for any purpose, for including the purposes obtaining of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document from the currency in one currency which it is payable (the “Payment Currency”) into another currencycurrency (the “Judgment Currency”), the parties hereto agree, to the fullest extent that they may lawfully and effectively do so, that the rate of exchange used shall be that at which which, in accordance with normal banking procedures procedures, the Administrative Agent could purchase the first currency Payment Currency with such other currency the Judgment Currency in the New York foreign exchange market on the Business Day preceding that on which the date of final judgment is given. or other determination.
17.1.2 The obligation of the Borrower Obligors in respect of any such sum due from it any of them to the Lenders or the Administrative Agent, any Issuing Lender or any Lender Agent hereunder or under the other Loan Documents shall, notwithstanding any judgment or payment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Payment Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, such Issuing Lender or such Lender, as the case may be, Agent of any sum so paid or adjudged to be so due in the Judgment Currency, Currency the Administrative Agent, such Issuing Lender or such Lender, as the case may be, Agent may in accordance with normal banking procedures procedures, purchase the Agreement Payment Currency with the Judgment Currency. If the amount of the Agreement Judgment Currency so paid or adjudged to be due; if the amount in the Payment Currency so purchased is less than the sum originally due to the Lenders and the Administrative Agent, any Issuing Lender or any Lender from the Borrower Agent in the Agreement Payment Currency, the Borrower agreesObligors agree, as a separate obligation and additional cause of action and notwithstanding any such payment or judgment, to indemnify the Lenders and the Administrative Agent, such Issuing Lender or such Lender, as the case may be, Agent against such loss. If loss and if the amount of in the Agreement Payment Currency so purchased is greater than exceeds the sum originally due to the Lenders and the Administrative Agent, any Issuing Lender or any Lender Agent in such currencythe Payment Currency, the Lenders and the Administrative Agent, such Issuing Lender or such Lender, as the case may be, agrees Agent agree to return the amount of any excess remit to the Borrower (or to any other Person who may be entitled thereto under applicable law)Obligors such excess.
Appears in 2 contracts
Sources: Credit Agreement (GFL Environmental Inc.), Credit Agreement (GFL Environmental Inc.)
Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or under any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with the normal banking procedures the Revolving Facility Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower in respect of any such sum due from it them to the Revolving Facility Administrative Agent, any Issuing Lender Agent or any Lender the Lenders hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Revolving Facility Administrative Agent, such Issuing Agent or the relevant Lender or such Lender, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Revolving Facility Administrative Agent, such Issuing Agent or the relevant Lender or such Lender, as the case may be, may in accordance with the normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Revolving Facility Administrative Agent, any Issuing Lender Agent or any such Lender from the Borrower in the Agreement Currency, the Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Revolving Facility Administrative Agent, or the Person to whom such Issuing Lender or such Lender, as the case may be, obligation was owing against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Revolving Facility Administrative Agent, any Issuing Lender Agent or any such Lender in such currency, the Revolving Facility Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, Lender agrees to return the amount of any excess to the Borrower (or to any other Person who may be entitled thereto under applicable law).
Appears in 2 contracts
Sources: Credit Agreement (Zebra Technologies Corp), Credit Agreement (Zebra Technologies Corp)
Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency Spot Rate on the Business Day preceding that on which final judgment is given. The obligation of the Borrower each Loan Party in respect of any such sum due from it to the Administrative Agent, any Issuing Lender Agent or any Lender hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent, any Issuing Lender Agent or any Lender from the any Borrower in the Agreement Currency, the Borrower such Loan Party agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent, any Issuing Lender Agent or any Lender in such currency, the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, agrees to return the amount of any excess to the Borrower such Loan Party (or to any other Person who may be entitled thereto under applicable law).
Appears in 2 contracts
Sources: Five Year Credit Agreement (Aflac Inc), 364 Day Credit Agreement (Aflac Inc)
Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower Borrowers in respect of any such sum due from it to the Administrative Agent, any Issuing Lender Agent or any Lender hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent, any Issuing Lender Agent or any Lender from the Borrower Borrowers in the Agreement Currency, the Borrower agreesagree, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent, any Issuing Lender Agent or any Lender in such currencyCurrency, the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, agrees to return the amount of any excess to the Borrower (or to any other Person who may be entitled thereto under applicable Applicable law).
Appears in 2 contracts
Sources: Credit Agreement (Kellogg Co), Credit Agreement (WK Kellogg Co)
Judgment Currency. IfThis is a loan transaction in which the specification of a Foreign Currency or Dollars is of the essence, and the stipulated currency shall in each instance be the currency of account and payment in all instances. A payment obligation in one currency hereunder (the “Original Currency”) shall not be discharged by an amount paid in another currency (the “Other Currency”), whether pursuant to any judgment expressed in or converted into any Other Currency or in another place except to the extent that such tender or recovery results in the effective receipt by a party hereto of the full amount of the Original Currency payable to such party. If for the purposes purpose of obtaining judgment in any court, court it is necessary to convert a sum due hereunder or any other Loan Document in one currency the Original Currency into another currencythe Other Currency, the rate of exchange used that shall apply shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is givenapplicable Spot Rate. The obligation of the Borrower Company and the Subsidiaries in respect of any such sum due from it to the Administrative Agent, any Issuing Lender Bank or any Lender hereunder or under the other any Loan Documents Document (in this Section 10.20 called an “Entitled Person”) shall, notwithstanding any judgment the rate of exchange actually applied in a currency (the “Judgment Currency”) other than that in which rendering such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”)judgment, be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, such Issuing Lender or such Lender, as the case may be, Entitled Person of any sum adjudged to be so due hereunder in the Judgment Currency, the Administrative Agent, Other Currency such Issuing Lender or such Lender, as the case may be, Entitled Person may in accordance with normal banking procedures purchase the Agreement Original Currency with the Judgment Currency. If the amount of the Agreement Currency judgment currency so purchased is less than adjudged to be due; and the sum originally due to the Administrative Agent, any Issuing Lender or any Lender from the Borrower in the Agreement Currency, the Borrower agreesBorrowers, as a separate obligation and notwithstanding any such judgment, agree to indemnify such Entitled Person against, and to pay such Entitled Person on demand, in the Administrative AgentOriginal Currency, such Issuing Lender or such Lender, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than (if any) by which the sum originally due to such Entitled Person in the Administrative Agent, any Issuing Lender or any Lender in such currency, the Administrative Agent, such Issuing Lender or such Lender, as the case may be, agrees to return Original Currency hereunder exceeds the amount of any excess to the Borrower (or to any other Person who may be entitled thereto under applicable law)Other Currency so purchased.
Appears in 2 contracts
Sources: Credit Agreement (Valmont Industries Inc), Credit Agreement (Valmont Industries Inc)
Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower each Loan Party in respect of any such sum due from it to the Administrative Agent, any Issuing Lender the L/C Issuer or any Lender hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, such Issuing Lender the L/C Issuer or such Lender, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent, such Issuing Lender the L/C Issuer or such Lender, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent, any Issuing Lender the L/C Issuer or any Lender from the Borrower any Loan Party in the Agreement Currency, the Borrower such Loan Party agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent, such Issuing Lender the L/C Issuer or such Lender, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent, any Issuing Lender the L/C Issuer or any Lender in such currency, the Administrative Agent, such Issuing Lender the L/C Issuer or such Lender, as the case may be, agrees to return the amount of any excess to the Borrower such Loan Party (or to any other Person who may be entitled thereto under applicable lawApplicable Law).
Appears in 2 contracts
Sources: Credit Agreement (Shutterstock, Inc.), Credit Agreement (Shutterstock, Inc.)
Judgment Currency. (a) If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder under any of the Loan Documents to the Administrative Agent or any other Loan Document Lender in one any currency (the "Original Currency") into another currencycurrency (the "Other Currency"), the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent or such Lender, as the case may be, could purchase the first currency Original Currency with such other currency the Other Currency on the Business Day preceding that on which final judgment is given. paid or satisfied.
(b) The obligation obligations of the Borrower in respect of any such sum due in the Original Currency from it to the Administrative Agent, any Issuing Lender Agent or any Lender hereunder or under any of the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment any Other Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, Lender of any sum adjudged to be so due in the Judgment such Other Currency, the Administrative Agent, such Issuing Lender or such Lender, as the case may be, may in accordance with normal banking procedures purchase the Agreement Original Currency with the Judgment such Other Currency. If the amount of the Agreement Original Currency so purchased is less than the sum originally due to the Administrative AgentAgent or the Lender, any Issuing Lender or any Lender from as the Borrower case may be, in the Agreement Original Currency, the Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, against such loss. If , and if the amount of the Agreement Original Currency so purchased is greater than exceeds the sum originally due to the Administrative Agent, any Issuing Lender or any Lender in such currency, the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, agrees in the Original Currency, the Administrative Agent and such Lender, as the case may be, agree to return the amount of any remit such excess to the Borrower (or to any other Person who may be entitled thereto under applicable law)Borrower.
Appears in 2 contracts
Sources: Credit Agreement (Core Mark International Inc), Credit Agreement (Core Mark International Inc)
Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one (1) currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the each Borrower Party in respect of any such sum due from it to the Administrative Agent, any Issuing Lender Letter of Credit Issuer or any Lender hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Credit Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, such Issuing Lender Letter of Credit Issuer or such Lender, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent, such Issuing Lender Letter of Credit Issuer or such Lender, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent, any Issuing Lender Letter of Credit Issuer or any Lender from the any Borrower Party in the Agreement Currency, the such Borrower Party agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent, such Issuing Lender Letter of Credit Issuer or such Lender, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent, any Issuing Lender Letter of Credit Issuer or any Lender in such currency, the Administrative Agent, such Issuing Lender Letter of Credit Issuer or such Lender, as the case may be, agrees to return the amount of any excess to the such Borrower Party (or to any other Person who may be entitled thereto under applicable law).
Appears in 2 contracts
Sources: Revolving Credit Agreement (TCW Direct Lending VII LLC), Revolving Credit Agreement (TCW Direct Lending VIII LLC)
Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower in respect of any such sum due from it to the Administrative Agent, Agent or any Issuing Lender or any Lender L/C Issuer hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, such Issuing Lender or such LenderL/C Issuer, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent, such Issuing Lender or such LenderL/C Issuer, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent, any Issuing Lender or any Lender L/C Issuer from the Borrower in the Agreement Currency, the Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent, such Issuing Lender or such LenderL/C Issuer, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent, any Issuing Lender or any Lender L/C Issuer in such currency, the Administrative Agent, such Issuing Lender or such LenderL/C Issuer, as the case may be, agrees to return the amount of any excess to the Borrower (or to any other Person who may be entitled thereto under applicable lawLaw).
Appears in 2 contracts
Sources: Credit Agreement (Willis Group Holdings PLC), Credit Agreement and Guaranty Agreement (Willis Group Holdings PLC)
Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, each party hereto agrees that the rate of exchange used shall be that at which in accordance with normal banking procedures the Exchange Rate determined by the Administrative Agent could purchase the first currency with such other currency on as of the Business Day immediately preceding that the day on which final judgment is given. The obligation of the Borrower in respect of any such sum due from it to the Administrative Agent, any the Issuing Lender Bank or any Lender the Lenders hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that the currency in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, such Issuing Lender or such Lender, as the case may be, Agent of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent, such Issuing Lender or such Lender, as the case may be, Agent may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent, any the Issuing Lender Bank or any Lender from the Borrower in the Agreement Currency, the Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent, such Issuing Agent or the Lender or Issuing Bank to whom such Lender, as the case may be, obligation was owing against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent, any the Issuing Lender Bank or any such Lender in such currency, the Administrative Agent, such Issuing Lender or such Lender, as the case may be, Agent agrees to return return, within two Business Days, the amount of any excess to the Borrower (or to any other Person who may be entitled thereto under applicable law).
(n) The proviso in Section 5.09 is hereby amended and restated in its entirety as follows: provided however that Revolving Advances may not be made and Letters of Credit may not be issued to support contingent obligations, assessments and appeal bonds related to Contested Mexican Tax Assessments other than Letters of Credit, the Dollar Equivalent of the aggregate principal amount at any one time outstanding of which do not exceed the Peso Denominated Letter of Credit Sublimit.
(o) Exhibit F is hereby amended and restated in its entirety as set forth in Annex A attached hereto.
Appears in 2 contracts
Sources: Revolving Credit Agreement, Credit Agreement (Seahawk Drilling, Inc.)
Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal and customary banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower in respect of any such sum due from it to the Administrative Agent, any Issuing Lender Agent or any Lender hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (hereinafter referred to as the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (hereinafter referred to as the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent, any Issuing Lender Agent or any Lender from the Borrower in the Agreement Currency, the Borrower hereby covenants and agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent, any Issuing Lender Agent or any Lender in such currency, the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, agrees to return the amount of any excess to the Borrower (or to any other Person who may be entitled thereto under applicable law).
Appears in 2 contracts
Sources: Credit Agreement (Mistras Group, Inc.), Credit Agreement (Mistras Group, Inc.)
Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the each Borrower Party in respect of any such sum due from it to the Administrative Agent, any Issuing Lender Letter of Credit Issuer or any Lender hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Credit Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, such Issuing Lender Letter of Credit Issuer or such Lender, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent, such Issuing Lender Letter of Credit Issuer or such Lender, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent, any Issuing Lender Letter of Credit Issuer or any Lender from the any Borrower Party in the Agreement Currency, the such Borrower Party agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent, such Issuing Lender Letter of Credit Issuer or such Lender, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent, any Issuing Lender Letter of Credit Issuer or any Lender in such currency, the Administrative Agent, such Issuing Lender Letter of Credit Issuer or such Lender, as the case may be, agrees to return the 4857-3757-1665 v.17 amount of any excess to the such Borrower Party (or to any other Person who may be entitled thereto under applicable law).
Appears in 1 contract
Sources: Revolving Credit Agreement (TCW Direct Lending LLC)
Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent or the Canadian Subfacility Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower and the Canadian Borrower in respect of any such sum due from it to the Administrative Agent, any Issuing Lender the Canadian Subfacility Agent or any Lender the Lenders hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, Canadian Subfacility Agent of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, Canadian Subfacility Agent may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent, any Issuing Lender or any Lender Agent from the Borrower in the Agreement Currency, the Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent, the Canadian Subfacility Agent or the Person to whom such Issuing Lender or such Lender, as the case may be, obligation was owing against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent, any Issuing Lender or any Lender Agent in such currency, the Administrative Agent, such Issuing Lender or such Lender, as the case may be, Agent agrees to return the amount of any excess to the Borrower (or to any other Person who may be entitled thereto under applicable law). If the amount of the Agreement Currency so purchased is less than the sum originally due to the Canadian Subfacility Agent from the Canadian Borrower in the Agreement Currency, the Canadian Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Canadian Subfacility Agent or the Person to whom such obligation was owing against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Canadian Subfacility Agent in such currency, the Canadian Subfacility Agent agrees to return the amount of any excess to the Canadian Borrower (or to any other Person who may be entitled thereto under applicable law).
Appears in 1 contract
Judgment Currency. IfThe obligations of the Borrower hereunder and under the other Credit 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 Sole Lead Arranger, the Administrative Agent or the respective Lender of the full amount of Dollars expressed to be payable to the Sole Lead Arranger, the Administrative Agent or such Lender under this Agreement or the other Credit Documents. The Borrower agrees to indemnify the Sole Lead Arranger, the Administrative Agent and each Lender against any loss incurred by the Sole Lead Arranger, the Administrative Agent or such Lender as a result of any judgment or order being given or made for the purposes payment of obtaining judgment in any court, it is necessary to convert a sum amount due hereunder or under any other Loan Credit Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower in respect of any such sum due from it to the Administrative Agent, any Issuing Lender or any Lender hereunder or under the other Loan Documents shall, notwithstanding any judgment expressed and paid in a currency other than Dollars (such other currency, the “Judgment Currency”) other than that in and as a result of any variation between (a) the rate of exchange at which the Dollar amount is converted into the Judgment Currency for the purposes of such sum judgment or order, and (b) the rate of exchange at which the Sole Lead Arranger, the Administrative Agent or such Lender is denominated in accordance able to purchase Dollars with the applicable provisions amount of this Agreement (Judgment Currency actually received by the “Agreement Currency”)Sole Lead Arranger, be discharged only the Administrative Agent or such Lender. The foregoing indemnity shall, to the extent that on permitted by Applicable Law, constitute a separate and independent obligation of the Business Day following receipt Borrower, shall continue in full force and effect notwithstanding any such judgment or order as aforesaid, and shall not be affected by judgment being obtained for any other sums due under this Agreement or under any other Credit Document. The term “rate of exchange” shall include any premiums and costs payable in connection with the Administrative Agentpurchase of, such Issuing Lender or such Lender, as the case may be, of any sum adjudged to be so due in the Judgment Currencyconversion into, the Administrative Agent, such Issuing Lender or such Lender, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currencyrelevant currency. If the amount of the Agreement Currency Dollars so purchased is less than and transferred to the sum Sole Lead Arranger, the Administrative Agent or the respective Lender exceeds the amount originally due to the Administrative Agent, any Issuing Lender or any Lender from the Borrower in the Agreement CurrencySole Lead Arranger, the Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent, such Issuing Lender Agent or such Lender, as then the case may beSole Lead Arranger, against the Administrative Agent or such loss. If Lender shall transfer, or caused to be transferred, to the Borrower the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent, any Issuing Lender or any Lender in such currency, the Administrative Agent, such Issuing Lender or such Lender, as the case may be, agrees to return the amount of any excess to the Borrower (or to any other Person who may be entitled thereto under applicable law)excess.
Appears in 1 contract
Sources: Backstop Loan Facility Agreement (Votorantim Cimentos S.A.)
Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the each Borrower in respect of any such sum due from it to the Administrative Agent, any Issuing Lender or any Lender L/C Issuer hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than otherthan that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, such Issuing Lender or such LenderL/C Issuer, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent, such Issuing Lender or such LenderL/C Issuer, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent, any Issuing Lender or any Lender L/C Issuer from the any Borrower in the Agreement Currency, the such Borrower agrees, as a separate obligation and notwithstanding any such judgment, to 147 152302503 indemnify the Administrative Agent, such Issuing Lender or such LenderL/C Issuer, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent, any Issuing Lender or any Lender L/C Issuer in such currency, the Administrative Agent, such Issuing Lender or such LenderL/C Issuer, as the case may be, agrees to return the amount of any excess to the such Borrower (or to any other Person who may be entitled thereto under applicable law).
Appears in 1 contract
Judgment Currency. If, If for the purposes of obtaining judgment in any court, court it is necessary to convert a sum due from the Borrower hereunder or any other Loan Document in one the currency expressed to be payable herein (the “specified currency”) into another currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal usual and customary banking procedures the Administrative Agent could purchase the first specified currency with such other currency at any of the Administrative Agent’s offices in the United States of America on the Business Day preceding that on which final judgment is given. The obligation obligations of the Borrower in respect of any such sum due from it to the Administrative Agent, any Issuing Lender or any Lender Party hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”)specified currency, be discharged only to the extent that on the Business Day following receipt by such Lender, the Administrative Agent, such applicable Issuing Lender or such Lender, the Administrative Agent (as the case may be, ) of any sum adjudged to be so due in the Judgment Currencysuch other currency such Lender, the Administrative Agent, such applicable Issuing Lender or such Lender, the Administrative Agent (as the case may be, ) may in accordance with normal normal, reasonable banking procedures purchase the Agreement Currency specified currency with the Judgment Currencysuch other currency. If the amount of the Agreement Currency specified currency so purchased is less than the sum originally due to such Lender, the applicable Issuing Lender or the Administrative Agent, any Issuing Lender or any Lender from as the Borrower case may be, in the Agreement Currencyspecified currency, the Borrower agrees, to the fullest extent that it may effectively do so, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender, the applicable Issuing Lender or the Administrative Agent, such Issuing Lender or such Lender, as the case may be, against such loss. If , and if the amount of the Agreement Currency specified currency so purchased is greater than exceeds (a) the sum originally due to any Lender, the applicable Issuing Lender or the Administrative Agent, as the case may be, in the specified currency and (b) any amounts shared with other Lenders as a result of allocations of such excess as a disproportionate payment to such Lender under Section 2.12, each Lender, Issuing Lender or any Lender in such currency, the Administrative Agent, such Issuing Lender or such Lender, as the case may be, agrees to return the amount of any promptly remit such excess to the Borrower (or to any other Person who may be entitled thereto under applicable law)Borrower.
Appears in 1 contract
Judgment Currency. If, If for the purposes purpose of obtaining judgment in any court, court it is necessary to convert a sum due from the Company, the Canadian Borrowers or the Swiss Borrower hereunder or any other Loan Document in one the currency expressed to be payable herein (the “specified currency”) into another currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first specified currency with other such other currency at the Administrative Agent’s New York Office on the Business Day preceding that is on or immediately following the day on which final judgment is given. The obligation obligations of the Company, the Canadian Borrowers or the Swiss Borrower in respect of any such sum due from it to any Lender, the Administrative Agent, any Issuing Lender the Multi-Currency Payment Agent or any Lender the Canadian Administrative Agent hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”)specified currency, be discharged only to the extent that on the Business Day following receipt by such Lender, the Administrative Agent, such Issuing Lender the Multi-Currency Payment Agent or such Lenderthe Canadian Administrative Agent, as the case may be, of any sum adjudged to be so due in the Judgment Currencysuch other currency such Lender, the Administrative Agent, such Issuing Lender the Multi-Currency Payment Agent or such Lender, the Canadian Administrative Agent as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency specified currency with the Judgment Currencysuch other currency. If the amount of the Agreement Currency specified currency so purchased is less than the sum originally due to such Lender, the Administrative Agent, any Issuing Lender the Multi-Currency Payment Agent or any Lender from the Borrower Canadian Administrative Agent, as the case may be, in the Agreement Currencyspecified currency, the Company, the Canadian Borrowers and the Swiss Borrower agrees, to the fullest extent it may effectively do so, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender, the Administrative Agent, such Issuing Lender the Multi-Currency Payment Agent or such Lenderthe Canadian Administrative Agent, as the case may be, against such loss. If , and if the amount of the Agreement Currency specified currency so purchased is greater than exceeds the sum originally due to any Lender, the Administrative Agent the Multi-Currency Payment Agent or the Canadian Administrative Agent, as the case may be, in the specified currency, such Lender or the Administrative Agent, any Issuing Lender or any Lender in such currencythe Multi-Currency Payment Agent, or the Canadian Administrative Agent, such Issuing Lender or such Lender, as the case may be, agrees to return the amount of any remit such excess to the Borrower (Company, the Canadian Borrowers or to any other Person who may be entitled thereto under applicable law)the Swiss Borrower.
Appears in 1 contract
Sources: Credit Agreement (Iron Mountain Inc)
Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower in respect of any such sum due from it to the Administrative Agent, any the Issuing Lender Bank or any Lender hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, such the Issuing Lender Bank or such Lender, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent, such the Issuing Lender Bank or such Lender, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent, any the Issuing Lender Bank or any Lender from the Borrower in the Agreement Currency, the Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent, such the Issuing Lender Bank or such Lender, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent, any the Issuing Lender Bank or any Lender in such currency, the Administrative Agent, such the Issuing Lender Bank or such Lender, as the case may be, agrees to return the amount of any excess to the Borrower (or to any other Person who may be entitled thereto under applicable law).
Appears in 1 contract
Sources: Credit Agreement (Cubic Corp /De/)
Judgment Currency. If, If for the purposes of obtaining judgment in any court, court it is necessary to convert a sum due from Company hereunder or any other Loan Document in one the currency expressed to be payable herein (the "specified currency") into another currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal usual and customary banking procedures the Administrative Agent could purchase the first specified currency with such other currency at any of Administrative Agent's offices in the United States of America on the Business Day preceding that on which final judgment is given. The obligation obligations of the Borrower Company in respect of any such sum due from it to the any Lender, Issuing Lender, or Administrative Agent, any Issuing Lender or any Lender Agent hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”)specified currency, be discharged only to the extent that on the Business Day following receipt by the Administrative Agentsuch Lender, such Issuing Lender or such Lender, Administrative Agent (as the case may be, ) of any sum adjudged to be so due in the Judgment Currencysuch other currency such Lender, the Administrative Agent, such Issuing Lender or such Lender, Administrative Agent (as the case may be, ) may in accordance with normal normal, reasonable banking procedures purchase the Agreement Currency specified currency with the Judgment Currencysuch other currency. If the amount of the Agreement Currency specified currency so purchased is less than the sum originally due to the such Lender, Issuing Lender or Administrative Agent, any Issuing Lender or any Lender from as the Borrower case may be, in the Agreement Currencyspecified currency, Company agrees, to the Borrower agreesfullest extent that it may effectively do so, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agentsuch Lender, such Issuing Lender or such LenderAdministrative Agent, as the case may be, against such loss. If , and if the amount of the Agreement Currency specified currency so purchased is greater than exceed (a) the sum originally due to the any Lender, Issuing Lender or Administrative Agent, as the case may be, in the specified currency and (b) any amounts shared with other Lenders as a result of allocations of such excess as a disproportionate payment to such Lender under Section 10.5, each Lender, Issuing Lender or any Lender in such currency, the Administrative Agent, such Issuing Lender or such Lender, as the case may be, agrees to return the amount of any promptly remit such excess to the Borrower (or to any other Person who may be entitled thereto under applicable law)Company.
Appears in 1 contract
Judgment Currency. (a) If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one under the Notes from a currency (the "Original Currency") into another currencycurrency (the "Other Currency"), the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency Original Currency with such other currency the Other Currency at its Payment Office in London, England on the second Eurocurrency Business Day preceding that the day on which final judgment is given. .
(b) The obligation of the any Borrower in respect of any such sum due in the Original Currency from it to any Lender or the Administrative Agent, any Issuing Lender or any Lender Agent hereunder or under the other Loan Documents Note held by such Lender shall, notwithstanding any judgment in a currency (the “Judgment any Other Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only if and to the extent that on the Eurocurrency Business Day following receipt by such Lender or the Administrative Agent, such Issuing Lender or such Lender, as the case may be, Agent of any sum adjudged to be so due in the Judgment Currency, such Other Currency such Lender or the Administrative Agent, such Issuing Lender or such Lender, as the case may be, Agent may in accordance with normal banking procedures purchase such amount of the Agreement Original Currency with such Other Currency at its Payment Office in London, England which the Judgment Currency. If Administrative Agent could have purchased on the second Eurocurrency Business Day preceding the day on which the final judgment referred to in Section 11.19(a) is given; if the amount of the Agreement Original Currency so purchased is less than the sum originally due to amount of the Original Currency which the Administrative AgentAgent could have purchased on the second Eurocurrency Business Day preceding the day on which such final judgment is given, any Issuing Lender or any Lender from the Borrower in the Agreement Currency, the such Borrower agrees, as a separate obligation Obligation and notwithstanding any such judgment, to indemnify such Lender or the Administrative Agent, such Issuing Lender or such Lender, as the case may be, Agent against such loss. If difference, and if the amount of the Agreement Original Currency so purchased is greater than the sum originally due to the Administrative Agent, any Issuing Lender or any Lender in such currency, the Administrative Agent, such Issuing Lender or such Lender, as the case may be, agrees to return exceeds the amount of any excess the Original Currency which the Administrative Agent could have purchased on the second Eurocurrency Business Day preceding that on which such final judgment is given, such Lender or the Administrative Agent agrees to the remit to such Borrower (or to any other Person who may be entitled thereto under applicable law)such excess.
Appears in 1 contract
Sources: Multi Currency Revolving Credit Agreement (Electronic Data Systems Corp /De/)
Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one (1) currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the each Borrower in respect of any such sum due from it to the Administrative AgentAgent or, any Issuing Lender or any Lender L/C Issuer hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative AgentAgent or, such Issuing Lender or such LenderL/C Issuer, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative AgentAgent or, such Issuing Lender or such LenderL/C Issuer, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative AgentAgent or, any Issuing Lender or any Lender L/C Issuer from the any Borrower in the Agreement Currency, the such Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative AgentAgent or, such Issuing Lender or such Lender, or such L/C Issuer as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative AgentAgent or, any Issuing Lender or any Lender L/C Issuer in such currency, the Administrative AgentAgent or, such Issuing Lender or such LenderL/C Issuer, as the case may be, agrees to return the amount of any excess to the such Borrower (or to any other Person who may be entitled thereto under applicable lawLaw).
Appears in 1 contract
Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the each Borrower Party in respect of any such sum due from it to the Administrative Agent, any Issuing Lender the Letter of Credit Issuer or any Lender hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Credit Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, such Issuing Lender the Letter of Credit Issuer or such Lender, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent, such Issuing Lender the Letter of Credit Issuer or such Lender, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent, any Issuing Lender the Letter of Credit Issuer or any Lender from the any Borrower Party in the Agreement Currency, the such Borrower Party agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent, such Issuing Lender the Letter of Credit Issuer or such Lender, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent, any Issuing Lender the Letter of Credit Issuer or any Lender in such currency, the Administrative Agent, such Issuing Lender the Letter of Credit Issuer or such Lender, as the case may be, agrees to return the amount of any excess to the such Borrower Party (or to any other Person who may be entitled thereto under applicable law).
Appears in 1 contract
Sources: Revolving Credit Agreement (Bain Capital Specialty Finance, Inc.)
Judgment Currency. If, (a) If for the purposes purpose of obtaining judgment in any court, court it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency in the city in which it normally conducts its foreign exchange operation for the first currency on the Business Day preceding that the day on which final judgment is given. .
(a) The obligation of the each Borrower in respect of any such sum due from it to any Lender, the Administrative Agent, any Agent or the Issuing Lender or any Lender Bank hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, such Issuing Lender or such Lender, as the case may be, Administrative Agent or Issuing Bank of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent, such Issuing Lender or Currency such Lender, as the case may be, Administrative Agent or Issuing Bank may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If ; if the amount of the Agreement Currency so purchased is less than the sum originally due to the such Lender, Administrative Agent, any Agent or Issuing Lender or any Lender from the Borrower Bank in the Agreement Currency, the such Borrower agrees, as a separate obligation and agrees notwithstanding any such judgment, judgment to indemnify the Administrative Agent, such Issuing Lender or such Lender, as the case may be, Administrative Agent or Issuing Bank against such loss. If , and if the amount of the Agreement Currency so purchased is greater than exceeds the sum originally due to the any Lender, Administrative AgentAgent or Issuing Bank, any Issuing Lender or any Lender in such currency, the Administrative Agent, such Issuing Lender or such Lender, as the case may be, Administrative Agent or Issuing Bank agrees to return the amount of any excess remit to the such Borrower (or to any other Person who may be entitled thereto under applicable law)such excess.
Appears in 1 contract
Sources: Credit Agreement (Libbey Inc)
Judgment Currency. If, If for the purposes purpose of obtaining judgment in any court, court it is necessary to convert a sum due hereunder or any other Loan Document denominated in one currency accordance with the applicable provisions of this Agreement (the “Agreement Currency”) into another currencycurrency (the “Judgment Currency”), the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency Agreement Currency with such other currency the Judgment Currency in the city in which it normally conducts its foreign exchange operation for the Agreement Currency on the Business Day next preceding that the day on which final such judgment is givenrendered. The obligation of the Borrower in respect of any such sum due from it to the Administrative Agent, any Issuing Lender Agent or any Lender hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may beapplicable, of any sum adjudged to be so due hereunder in the Judgment Currency, Currency the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may beapplicable, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If ; if the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative AgentAgent or such Lender, any Issuing Lender or any Lender from the Borrower as applicable, in the Agreement Currency, the Borrower agreeshereby, as a separate obligation and notwithstanding any such judgment, agrees to indemnify the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may beapplicable, against and to pay the Administrative Agent or such loss. If Lender, as applicable, on demand, in the Agreement Currency, the amount (if any) by which the sum originally due to the Administrative Agent or such Lender, as applicable, hereunder in the Agreement Currency exceeds the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent, any Issuing Lender or any Lender in such currency, the Administrative Agent, such Issuing Lender or such Lender, as the case may be, agrees to return the amount of any excess to the Borrower (or to any other Person who may be entitled thereto under applicable law)and transferred.
Appears in 1 contract
Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the each Borrower in respect of any such sum due from it to the Administrative Agent, any Issuing Lender Agent or any Lender hereunder or under the other Loan Documents in respect of its respective Obligations hereunder shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with AMERICAS/2024709756.8 Lululemon Credit Agreement (2025) the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent, any Issuing Lender Agent or any Lender from the any Borrower in the Agreement Currency, the such Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent, any Issuing Lender Agent or any Lender in such currency, the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, agrees to return the amount of any excess to the such Borrower (or to any other Person who may be entitled thereto under applicable law).
Appears in 1 contract
Judgment Currency. If, for the purposes purpose of obtaining judgment in any court, it is necessary to convert a sum due hereunder in Dollars or any other Loan Document in one currency Alternative Currency (the “Specified Currency”) into another currencycurrency (the “Judgment Currency”), the rate of exchange used which shall be applied shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency Specified Currency with such other currency that amount of the Judgment Currency on the Business Day next preceding that the day on which final such judgment is givenrendered. The obligation of the Borrower in with respect of to any such sum due from it to the Administrative Agent, any Issuing Lender Agent or any Lender hereunder or under the other Loan Documents (each, an “Entitled Person”) shall, notwithstanding any judgment the rate of exchange actually applied in a currency (the “Judgment Currency”) other than that in which rendering such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”)judgment, be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, such Issuing Lender or such Lender, as the case may be, Entitled Person of any sum adjudged to be so due hereunder in the Judgment Currency, the Administrative Agent, such Issuing Lender or such Lender, as the case may be, Entitled Person may in accordance with normal banking procedures purchase and transfer to the Agreement required location of payment the Alternative Currency with the Judgment Currency. If the amount of the Agreement Judgment Currency so purchased is less than the sum originally due adjudged to the Administrative Agent, any Issuing Lender or any Lender from be due; and the Borrower in the Agreement Currency, the Borrower agreeshereby, as a separate obligation and notwithstanding any such judgment, agrees to indemnify such Entitled Person against, and to pay such Entitled Person on demand, in the Administrative Agentapplicable Alternative Currency, such Issuing Lender or such Lender, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than any difference between the sum originally due to such Entitled Person in the Administrative Agent, any Issuing Lender or any Lender in such currency, the Administrative Agent, such Issuing Lender or such Lender, as the case may be, agrees to return Alternative Currency and the amount of any excess to the Borrower (or to any other Person who may be entitled thereto under applicable law)Alternative Currency so purchased and transferred on that Business Day.
Appears in 1 contract
Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower in respect of any such sum due from it to the Administrative Agent, any Issuing Lender Agent or any Lender hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Credit Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent, any Issuing Lender Agent or any Lender from the Borrower in the Agreement Currency, the Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent, any Issuing Lender Agent or any Lender in such currency, the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, agrees to return the amount of any excess to the Borrower (or to any other Person who may be entitled thereto under applicable law).
Appears in 1 contract
Sources: Revolving Credit Agreement (Nuveen Churchill Direct Lending Corp.)
Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower each Credit Party in respect of any such sum due from it to the Administrative Agent, any Issuing Lender or any Lender hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, such Issuing Lender or such Lender, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent, such Issuing Lender or such Lender, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent, any Issuing Lender or any Lender from the Borrower any Credit Party in the Agreement Currency, the Borrower such Credit Party agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent, such Issuing Lender or such Lender, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent, any Issuing Lender or any Lender in such currency, the Administrative Agent, such Issuing Lender or such Lender, as the case may be, agrees to return the amount of any excess to the Borrower such Credit Party (or to any other Person who may be entitled thereto under applicable Applicable law).
Appears in 1 contract
Sources: Credit Agreement (Copart Inc)
Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower in respect of any such sum due from it to the Administrative Agent, any Issuing Lender Agent or any Lender or L/C Issuer hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, Agent or such Issuing Lender or such LenderL/C Issuer, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent, Agent or such Issuing Lender or such LenderL/C Issuer, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent, any Issuing Lender Agent or any Lender or L/C Issuer from the Borrower in the Agreement Currency, the Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent, Agent or such Issuing Lender or such LenderL/C Issuer, as the case may be, against such loss. If The provisions of this Section 10.20 shall survive the amount payment in full of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent, any Issuing Lender or any Lender in such currencyObligations, the Administrative Agent, such Issuing Lender or such Lender, as termination of the case may be, agrees to return Commitments and the amount termination of any excess to the Borrower (or to any other Person who may be entitled thereto under applicable law)this Agreement.
Appears in 1 contract
Sources: Credit Agreement (Yesway, Inc.)
Judgment Currency. If, If for the purposes of obtaining judgment in any court, court it is necessary to convert a sum due from the Guarantor hereunder or any other Loan Document in one the currency expressed to be payable herein (the “specified currency”) into another currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first specified currency with such other currency at the Administrative Agent’s main New York City office on the Business Day preceding that on which final final, non-appealable judgment is given. The obligation obligations of the Borrower Guarantor in respect of any such sum due from it to any Lender (or applicable Affiliate thereof) or the Administrative Agent, any Issuing Lender or any Lender hereunder or Agent under the other Loan Documents this Guaranty shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”)specified currency, be discharged only to the extent that on the Business Day following receipt by such Lender (or applicable Affiliate) or the Administrative Agent, such Issuing Lender or such Lender, Agent (as the case may be, ) of any sum adjudged to be so due in the Judgment Currency, such other currency such Lender (or applicable Affiliate) or the Administrative Agent, such Issuing Lender or such Lender, Agent (as the case may be, ) may in accordance with normal normal, reasonable banking procedures purchase the Agreement Currency specified currency with the Judgment Currencysuch other currency. If the amount of the Agreement Currency specified currency so purchased is less than the sum originally due to such Lender (or applicable Affiliate) or the Administrative Agent, any Issuing Lender or any Lender from as the Borrower case may be, in the Agreement Currencyspecified currency, the Borrower Guarantor agrees, to the fullest extent that it may effectively do so, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender (or applicable Affiliate) or the Administrative Agent, such Issuing Lender or such Lender, as the case may be, against such loss. If , and if the amount of the Agreement Currency specified currency so purchased is greater than exceeds (a) the sum originally due to any Lender (or applicable Affiliate) or the Administrative Agent, as the case may be, in the specified currency and (b) any Issuing amounts shared with other Lenders as a result of allocations of such excess as a disproportionate payment to such Lender (or any applicable Affiliate) under Section 2.18 of the Credit Agreement, such Lender in such currency, (or applicable Affiliate) (by accepting the benefits of this Guaranty) or the Administrative Agent, such Issuing Lender or such Lender, as the case may be, agrees to return the amount of any remit such excess to the Borrower (or to any other Person who may be entitled thereto under applicable law)Guarantor.
Appears in 1 contract
Sources: Guaranty (Cummins Inc)
Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower Guarantor in respect of any such sum due from it to the Administrative Agent, any Issuing Lender Agent or any the Canadian Lender hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that DWT 16166918v15 4900000-001225 in which such sum is denominated in accordance with the applicable provisions of this Agreement Guarantee (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, such Issuing Lender Agent or such the Canadian Lender, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent, such Issuing Lender Agent or such the Canadian Lender, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent, any Issuing Lender Agent or any the Canadian Lender from the Borrower Guarantor in the Agreement Currency, the Borrower Guarantor agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent, such Issuing Lender Agent or such the Canadian Lender, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent, any Issuing Lender Agent or any the Canadian Lender in such currency, the Administrative Agent, such Issuing Lender Agent or such the Canadian Lender, as the case may be, agrees to return the amount of any excess to the Borrower Guarantor (or to any other Person who may be entitled thereto under applicable lawLaws).
Appears in 1 contract
Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which which, in accordance with normal banking procedures procedures, the Fronting L/C Issuer or the Administrative Agent Agent, as may be the case, could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the each Borrower in respect of any such sum due from it to the Fronting L/C Issuer or the Administrative Agent, any Issuing Lender or any Lender as may be the case, hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Fronting L/C Issuer or the Administrative Agent, such Issuing Lender or such Lender, as may be the case may becase, of any sum adjudged to be so due in the Judgment Currency, the Fronting L/C Issuer or the Administrative Agent, such Issuing Lender or such Lender, as may be the case may becase, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Fronting L/C Issuer or the Administrative Agent, as may be the case, from any Issuing Lender or any Lender from the Borrower in the Agreement Currency, the such Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Fronting L/C Issuer or the Administrative Agent, such Issuing Lender or such Lender, as may be the case may becase, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Fronting L/C Issuer or the Administrative Agent, any Issuing Lender or any Lender as may be the case, in such currency, the Fronting L/C Issuer or the Administrative Agent, such Issuing Lender or such Lender, as may be the case may becase, agrees to return the amount of any excess to the such Borrower (or to any other Person who may be entitled thereto under applicable law).
Appears in 1 contract
Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the each Borrower in respect of any such sum due from it to the Administrative Agent, any Issuing Lender Agent or any the Lendersany Lender hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent, Agent fromor any Issuing Lender or any Lender BorrowerLender from the Borrower Borrowers in the Agreement Currency, the such Borrower agreesagreesthe Borrowers agree, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent, Agent or the Person to whom such Issuing Lender or such obligation was owingsuch Lender, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent, any Issuing Lender Agent or any Lender in such currencycurrencyCurrency , the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, agrees to return the amount of any excess to the suchthe applicable Borrower (or to any other Person who may be entitled thereto under applicable lawlawApplicable Law).
Appears in 1 contract
Judgment Currency. If, If for the purposes of obtaining judgment in any court, court it is necessary to convert a sum due hereunder or in any other Loan Document in one currency (the “Original Currency”) into another currencycurrency (the “Other Currency”) the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency Original Currency with such other currency the Other Currency at the Administrative Agent’s main office in New York, New York on the Business Day immediately preceding that on which final judgment is given. The obligation of the any Borrower in respect of any such sum due in the Original Currency from it to the Administrative Agentany Lender, any Issuing Lender Bank, the Collateral Agent or any Lender Administrative Agent hereunder or under the any other Loan Documents Document shall, notwithstanding any judgment in a currency (the “Judgment any Other Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, such Issuing Lender or such Lender, Issuing Bank, Collateral Agent or the Administrative Agent (as the case may be, ) of any sum adjudged to be so due in the Judgment such Other Currency, the Administrative Agent, such Issuing Lender or such Lender, Issuing Bank, Collateral Agent or Administrative Agent (as the case may be, ) may in accordance with normal banking procedures purchase the Agreement Original Currency with the Judgment such Other Currency. If ; if the amount of the Agreement Original Currency so purchased is less than the sum originally due to such Lender, Issuing Bank, Collateral Agent or Administrative Agent (as the Administrative Agent, any Issuing Lender or any Lender from the Borrower case may be) in the Agreement Original Currency, the applicable Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent, such Issuing Lender or such Lender, Issuing Lender, Collateral Agent or Administrative Agent (as the case may be, ) against such loss. If , and if the amount of the Agreement Original Currency so purchased is greater than exceeds the sum originally due in the Original Currency to the Administrative Agent, any Issuing Lender or any Lender in such currency, the Administrative Agent, such Issuing Lender or such Lender, Issuing Lender, Collateral Agent or Administrative Agent (as the case may be), such Lender, Issuing Lender, Collateral Agent or Administrative Agent (as the case may be) agrees to return the amount of any excess remit to the applicable Borrower (or to any other Person who may be entitled thereto under applicable law)such excess.
Appears in 1 contract
Judgment Currency. The Obligations of each Borrower and ----------------- each other Obligor in respect of any sum due to any Lender or the Administrative Agent hereunder, under the Notes or under or in respect of any other Loan Document shall, notwithstanding any judgment in a currency (the "Judgment Currency") other than the currency in which such sum was originally ------------------ denominated (the "Original Currency"), be discharged only to the extent that ----------------- on the Business Day following receipt by such Lender or the Administrative Agent of any sum adjudged to be so due in the Judgment Currency, such Lender or the Administrative Agent, in accordance with normal banking procedures, purchases the Original Currency with the Judgment Currency. If the amount of Original Currency so purchased is less than the sum originally due to such Lender or the Administrative Agent, each Borrower agrees as a separate obligation and notwithstanding any such judgment, to indemnify each Lender and the Administrative Agent, as the case may be, against such loss, and if the amount of Original Currency so purchased exceeds the sum originally due to such Lender and the Administrative Agent, as the case may be, each Lender and the Administrative Agent agree to remit any excess to the applicable Obligor. If, for the purposes purpose of obtaining judgment in any court, it is necessary to convert a sum due hereunder or under any other Loan Document in one another currency into another currencyDollars or into a Foreign Currency, as the case may be, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which which, in accordance with normal banking procedures procedures, the Administrative Agent applicable Secured Party could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower in respect of any with Dollars or with such sum due from it to the Administrative Agent, any Issuing Lender or any Lender hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Foreign Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, such Issuing Lender or such Lender, as the case may be, in New York City, at the close of business on the Business Day immediately preceding the day on which final judgment is given, together with any sum adjudged to be so due premiums and costs of exchange payable in the Judgment Currency, the Administrative Agent, connection with such Issuing Lender or such Lender, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent, any Issuing Lender or any Lender from the Borrower in the Agreement Currency, the Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent, such Issuing Lender or such Lender, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent, any Issuing Lender or any Lender in such currency, the Administrative Agent, such Issuing Lender or such Lender, as the case may be, agrees to return the amount of any excess to the Borrower (or to any other Person who may be entitled thereto under applicable law)purchase.
Appears in 1 contract
Sources: Revolving Credit Agreement (Sun International North America Inc)
Judgment Currency. (a) If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower Borrowers in respect of any such sum due from it them to the Administrative Agent, any Issuing Lender the Lenders, or any Lender other Person hereunder (the "Judgment Creditors") or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “"Judgment Currency”") other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “"Agreement Currency”"), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, such Issuing Lender or such Lender, as the case may be, Judgment Creditor(s) of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent, such Issuing Lender or such Lender, as the case may be, Agent may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent, any Issuing Lender or any Lender from the Borrower Judgment Creditor(s) in the Agreement Currency, the Borrower agreesBorrowers jointly and severally agree, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent, such Issuing Lender or such Lender, as the case may be, Judgment Creditor(s) against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent, any Issuing Lender or any Lender Judgment Creditor(s) in such currency, the Administrative Agent, Judgment Creditor receiving such Issuing Lender or such Lender, as the case may be, overpayment agrees to return the amount of any excess received by such entity to the Borrower Borrowers (or to any other Person who may be entitled thereto under applicable law).
(b) Borrowers jointly and severally promise to indemnify each Judgment Creditor against and hold each Judgment Creditor harmless from all loss and damage resulting from any change in exchange rates between the date any claim is reduced to judgment and the date of payment (or, in the case of partial payments, the date of each partial payment) thereof by Borrowers, or any of Borrowers. This indemnity shall constitute an obligation separate and independent from the other obligations contained in this Agreement, shall give rise to a separate and independent cause of action, shall apply irrespective of any indulgence granted by Agent, the Required Lenders, or the Lenders 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 hereunder or under any judgment or order.
Appears in 1 contract
Sources: Loan Agreement (Amresco Inc)
Judgment Currency. If, (a) If for the purposes of obtaining judgment in any court, court it is necessary to convert a sum due hereunder or in any other Loan Document in one currency (the “Original Currency”) into another currencycurrency (the “Other Currency”) each Guarantor, the Administrative Agent and the other Creditors, by their acceptance of the benefits hereof, agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency Original Currency with such other currency the Other Currency at the Payment Office on the second Business Day preceding that on which final judgment is given. .
(b) The obligation of the Borrower a Guarantor in respect of any such sum due in the Original Currency from it to the Administrative Agent, any Issuing Lender Agent or any Lender other Creditor hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment any Other Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by such Creditor or the Administrative Agent, such Issuing Lender or such Lender, Agent (as the case may be, ) of any sum adjudged to be so due in the Judgment Currency, such Other Currency such Creditor or the Administrative Agent, such Issuing Lender or such Lender, Agent (as the case may be, ) may in accordance with normal banking procedures purchase the Agreement Currency U.S. Dollars with the Judgment such Other Currency. If ; if the amount of the Agreement Original Currency so purchased is less than the sum originally due to such Creditor or the Administrative Agent, any Issuing Lender or any Lender from Agent (as the Borrower case may be) in the Agreement Original Currency, the Borrower such Guarantor agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Creditor or the Administrative Agent, such Issuing Lender or such Lender, Agent (as the case may be, ) against such loss. If , and if the amount of the Agreement Original Currency so purchased is greater than exceeds the sum originally due to the Administrative Agent, any Issuing Lender Agent or any Lender in such currency, the Administrative Agent, such Issuing Lender or such Lender, other Creditor (as the case may be) in the Original Currency, the Administrative Agent or such other Creditor (as the case may be) agrees to return the amount of any excess remit to the Borrower (or to any other Person who may be entitled thereto under applicable law)such Guarantor such excess.
Appears in 1 contract
Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Financing Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower in respect of any such sum due from it to the Administrative Agent, any Issuing Lender Bank or any Lender hereunder or under the other Loan Financing Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, such Issuing Lender Bank or such Lender, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent, such Issuing Lender Bank or such Lender, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent, any Issuing Lender Bank or any Lender from the Borrower in the Agreement Currency, the Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent, such Issuing Lender Bank or such Lender, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent, any Issuing Lender Bank or any Lender in such currency, the Administrative Agent, such Issuing Lender Bank or such Lender, as the case may be, agrees to return the amount of any excess to the Borrower (or to any other Person who may be entitled thereto under applicable law).
Appears in 1 contract
Sources: Credit Agreement (Cubic Corp /De/)
Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or under any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower and each other Loan Party in respect of any such sum due from it to the Administrative Agent, any Issuing Lender the L/C Issuer or any Lender hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent, any Issuing Lender Agent or any Lender from the Borrower or any other Loan Party in the Agreement Currency, the Borrower and each other Loan Party agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent, such Issuing Lender the L/C Issuer or such Lender, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent, any Issuing Lender the L/C Issuer or any such Lender in such currency, the Administrative Agent, such Issuing Lender the L/C Issuer or such Lender, as the case may be, agrees to return the amount of any excess to the Borrower or such other Loan Party (or to any other Person who may be entitled thereto under applicable lawApplicable Law). All of the Borrower’s and each other Loan Party’s obligations under this Section 10.1911.19 shall survive termination of the Aggregate Commitments and repayment of all other Obligations hereunder.
Appears in 1 contract
Sources: Credit Agreement (Welltower Inc.)
Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent or the applicable L/C Issuer, as the case may be, could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower in respect of any such sum due from it to the Administrative Agent, any Issuing Lender the L/C Issuers or any Lender the Revolving Loan Lenders hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, such Issuing Lender Agent or such Lenderthe applicable L/C Issuer, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent, such Issuing Lender Agent or such LenderL/C Issuer, as the case may be, may in accordance with its normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative AgentAgent or the applicable L/C Issuer, any Issuing Lender or any Lender as the case may be, from the Borrower in the Agreement Currency, the Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent, such Issuing Lender L/C Issuer or other Person to whom such Lender, as the case may be, obligation was owing against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative AgentAgent or the applicable L/C Issuer, any Issuing Lender or any Lender as the case may be, in such currency, the Administrative Agent, such Issuing Lender Agent or such LenderL/C Issuer, as the case may be, agrees to return the amount of any excess to the Borrower (or to any other Person who may be entitled thereto under applicable law).
Appears in 1 contract
Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower each Loan Party in respect of any such sum due from it to the Administrative Agent, any Issuing Bank, any Swingline Lender or any Lender hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, such Issuing Bank, such Swingline Lender or such Lender, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent, such Issuing Bank, such Swingline Lender or such Lender, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent, any Issuing Bank, any Swingline Lender or any Lender from the Borrower any Loan Party in the Agreement Currency, the Borrower such Loan Party agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent, such Issuing Bank, such Swingline Lender or such Lender, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent, any Issuing Bank, any Swingline Lender or any Lender in such currency, the Administrative Agent, such Issuing Bank, such Swingline Lender or such Lender, as the case may be, agrees to return the amount of any excess to the Borrower such Loan Party (or to any other Person who may be entitled thereto under applicable lawApplicable Law).
Appears in 1 contract
Sources: Credit Agreement (American Realty Capital Global Trust II, Inc.)
Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one the currency denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”) into another currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency Agreement Currency with such other currency at the Administrative Agent’s main New York City office on the Business Day preceding that on which final final, non-appealable judgment is given. The obligation obligations of the Borrower each Loan Party in respect of any such sum due from it to the Administrative Agent, any Issuing Lender Agent or any Lender the Lenders hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by such Lender or the Administrative Agent, such Issuing Lender or such Lender, Agent (as the case may be, ) of any sum adjudged to be so due in the Judgment Currency, such Lender or the Administrative Agent, such Issuing Lender or such Lender, Agent (as the case may be, ) may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to such Lender or the Administrative Agent, any Issuing Lender or any Lender from as the Borrower case may be, in the Agreement Currency, the Borrower agreesLoan Parties agree, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or the Administrative Agent, such Issuing Lender or such Lenderother person to whom such obligation was owing, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than (a) the sum originally due to any Lender or the Administrative Agent, as the case may be, in the Agreement Currency and (b) any Issuing amounts shared with other Lenders as a result of allocations of such excess as a disproportionate payment to such Lender under Section 3.8, such Lender or any Lender in such currency, the Administrative Agent, such Issuing Lender or such Lender, as the case may be, agrees to return the amount of any excess to the Borrower (or to any other Person who may be entitled thereto under applicable law)respective Loan Party.
Appears in 1 contract
Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower in respect of any such sum due from it to the Administrative Agent, any Issuing Lender the L/C Issuer or any Lender hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, such Issuing Lender the L/C Issuer or such Lender, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent, such Issuing Lender the L/C Issuer or such Lender, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent, any Issuing Lender the L/C Issuer or any Lender from the Borrower in the Agreement Currency, the Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent, such Issuing Lender the L/C Issuer or such Lender, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent, any Issuing Lender the L/C Issuer or any Lender in such currency, the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, agrees to return the amount of any excess to the Borrower (or to any other Person who may be entitled thereto under applicable law)Borrower.
Appears in 1 contract
Sources: Credit Agreement (Pzena Investment Management, Inc.)
Judgment Currency. If, (a) If for the purposes of obtaining judgment in any court, court it is necessary to convert a sum due hereunder or in any other Loan Document in one currency (the "ORIGINAL CURRENCY") into another currencycurrency (the "OTHER CURRENCY") each Guarantor, the Administrative Agent and the other Creditors, by their acceptance of the benefits hereof, agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency Original Currency with such other currency the Other Currency at the Payment Office on the second Business Day preceding that on which final judgment is given. .
(b) The obligation of the Borrower a Guarantor in respect of any such sum due in the Original Currency from it to the Administrative Agent, any Issuing Lender Agent or any Lender other Creditor hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment any Other Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by such Creditor or the Administrative Agent, such Issuing Lender or such Lender, Agent (as the case may be, ) of any sum adjudged to be so due in the Judgment Currency, such Other Currency such Creditor or the Administrative Agent, such Issuing Lender or such Lender, Agent (as the case may be, ) may in accordance with normal banking procedures purchase the Agreement Currency U.S. Dollars with the Judgment such Other Currency. If ; if the amount of the Agreement Original Currency so purchased is less than the sum originally due to such Creditor or the Administrative Agent, any Issuing Lender or any Lender from Agent (as the Borrower case may be) in the Agreement Original Currency, the Borrower such Guarantor agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Creditor or the Administrative Agent, such Issuing Lender or such Lender, Agent (as the case may be, ) against such loss. If , and if the amount of the Agreement Original Currency so purchased is greater than exceeds the sum originally due to the Administrative Agent, any Issuing Lender Agent or any Lender in such currency, the Administrative Agent, such Issuing Lender or such Lender, other Creditor (as the case may be) in the Original Currency, such Creditor or the Administrative Agent (as the case may be) agrees to return the amount of any excess remit to the Borrower (or to any other Person who may be entitled thereto under applicable law)such Guarantor such excess.
Appears in 1 contract
Sources: Credit Agreement (Fca of Ohio Inc)
Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one (1) currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on 150 which final judgment is given. The obligation of the each Borrower Party in respect of any such sum due from it to the Administrative Agent, any Issuing Lender Letter of Credit Issuer or any Lender hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Credit Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, such Issuing Lender Letter of Credit Issuer or such Lender, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent, such Issuing Lender Letter of Credit Issuer or such Lender, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent, any Issuing Lender Letter of Credit Issuer or any Lender from the any Borrower Party in the Agreement Currency, the such Borrower Party agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent, such Issuing Lender Letter of Credit Issuer or such Lender, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent, any Issuing Lender Letter of Credit Issuer or any Lender in such currency, the Administrative Agent, such Issuing Lender Letter of Credit Issuer or such Lender, as the case may be, agrees to return the amount of any excess to the such Borrower Party (or to any other Person who may be entitled thereto under applicable law).
Appears in 1 contract
Sources: Revolving Credit Agreement (TCW Direct Lending VIII LLC)
Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower Co-Borrowers in respect of any such sum due from it to the Administrative Agent, any Issuing Lender Agent or any Lender hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent, any Issuing Lender Agent or any Lender from the any Co-Borrower in the Agreement Currency, the such Co-Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent, any Issuing Lender Agent or any Lender in such currency, the Administrative Agent, such Issuing Lender Agent or such Lender, as the case may be, agrees to return the amount of any excess to the such Co-Borrower (or to any other Person who may be entitled thereto under applicable law).
Appears in 1 contract
Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Credit Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the each Borrower in respect of any such sum due from it to the Administrative Agent, any Issuing Lender Agent or any Lender the Lenders hereunder or under the other Loan Credit Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent, such Issuing Lender or such Lender, as the case may be, Agent of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent, such Issuing Lender or such Lender, as the case may be, Agent may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent, Agent from any Issuing Lender or any Lender from the Borrower in the Agreement Currency, the such Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent, Agent or the Person to whom such Issuing Lender or such Lender, as the case may be, obligation was owing against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent, any Issuing Lender or any Lender Agent in such currency, the Administrative Agent, such Issuing Lender or such Lender, as the case may be, Agent agrees to return the amount of any excess to the such Borrower (or to any other Person who may be entitled thereto under applicable law). UK Know-Your-Customer Requirements.
(a) If:
(A) the introduction of or any change in (or in the interpretation, administration or application of) any law or regulation made after the date of this Agreement;
(B) any change in the status of a Credit Party after the date of this Agreement; or
(C) a proposed assignment or transfer by a Lender of any of its rights and obligations under this Agreement to a party that is not a Lender prior to such assignment or transfer, obliges the Administrative Agent or any Lender (or, in the case of clause (iii) above, any prospective new Lender) to comply with “know your customer” or similar identification procedures in circumstances where the necessary information is not already available to it, each Credit Party shall promptly upon the request of the Administrative Agent or any Lender supply, or procure the supply of, such documentation and other evidence as is reasonably requested by the Administrative Agent (for itself or on behalf of any Lender) or any Lender (for itself or, in the case of the event described in subclause (iii) above, on behalf of any prospective new Lender) in order for the Agent, such Lender or, in the case of the event described in subclause (iii) above, any prospective new Lender to carry out and be satisfied it has complied with all necessary “know your customer” or other similar checks under all Requirements of Law applicable to the transactions contemplated in the Credit Documents.
(b) Each Lender shall promptly upon the reasonable request of the Administrative Agent supply, or procure the supply of, such documentation and other evidence as is reasonably requested by the Administrative Agent (for itself) in order for the Administrative Agent to carry out and be satisfied it has complied with all necessary “know your customer” or other similar checks under all Requirements of Law applicable to the transactions contemplated in the Credit Documents.
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Sources: Credit Agreement (Univar Inc.)