Common use of Judgment Clause in Contracts

Judgment. (a) If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder in one currency into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.

Appears in 20 contracts

Samples: Day Bridge Loan Agreement (Marsh & McLennan Companies, Inc.), Bridge Credit Agreement (Twenty-First Century Fox, Inc.), 364 Day Bridge Loan Agreement

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Judgment. (a) If, If for the purpose purposes of obtaining judgment in any court, court it is necessary to convert a sum owing due hereunder in one currency into another currency, each party the parties hereto agreesagree, to the fullest extent that it they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction Administrative Agent could purchase the first mentioned currency could be purchased with such other currency at the Administrative Agent’s principal office in New York, New York on the Business Day immediately preceding the day that on which final judgment is given.

Appears in 13 contracts

Samples: Credit Agreement (Aris Water Solutions, Inc.), Credit Agreement (Crestwood Midstream Partners LP), Credit Agreement (Crestwood Equity Partners LP)

Judgment. (a) If, If for the purpose of obtaining judgment in any court, court it is necessary to convert a sum owing due hereunder in one currency into another currency, each party the parties hereto agreesagree, to the fullest extent that it they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction General Administrative Agent could purchase the first currency could be purchased with such other currency in the city in which it normally conducts its foreign exchange operation for the first currency on the Business Day immediately preceding the day on which final judgment is given.

Appears in 10 contracts

Samples: Credit and Guarantee Agreement (Lear Corp Eeds & Interiors), Credit and Guarantee Agreement (Lear Corp /De/), Credit and Guarantee Agreement (Lear Corp /De/)

Judgment. (a) If, If for the purpose of obtaining judgment in any court, court it is necessary to convert a sum owing due hereunder in one currency into another currency, each party the parties hereto agreesagree, to the fullest extent that it they may effectively do soso under applicable law, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction Agent could purchase the first currency could be purchased with such other currency in the city in which it normally conducts its foreign exchange operation for the first currency on the Business Day immediately preceding the day on which final judgment is given.

Appears in 8 contracts

Samples: Credit Agreement (Kelly Services Inc), Assignment Agreement (Kelly Services Inc), Assignment Agreement (Kelly Services Inc)

Judgment. (a) If, If for the purpose of obtaining judgment in any court, court it is necessary to convert a sum owing due hereunder in one currency into another currency, each party the parties hereto agreesagree, to the fullest extent that it they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction Administrative Agent or the Collateral Agent could purchase the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.

Appears in 8 contracts

Samples: Guarantee and Collateral Agreement (Cornerstone Building Brands, Inc.), Cash Flow Guarantee and Collateral Agreement (Nci Building Systems Inc), Guarantee and Collateral Agreement (Nci Building Systems Inc)

Judgment. (a) If, If for the purpose of obtaining judgment in any court, court it is necessary to convert a sum owing due hereunder in one currency into another currency, each party the parties hereto agreesagree, to the fullest extent that it they may effectively do so, under applicable law that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction Agent could purchase the first currency could be purchased with such other currency in the city in which it normally conducts its foreign exchange operation for the first currency on the Business Day immediately preceding the day on which final judgment is given.

Appears in 8 contracts

Samples: Loan Agreement (Myers Industries Inc), Credit Agreement (Corrpro Companies Inc /Oh/), Assignment Agreement (Diebold Inc)

Judgment. (a) If, If for the purpose purposes of obtaining judgment in any court, court it is necessary to convert a sum owing due hereunder in one currency into another currency, each party the parties hereto agreesagree, to the fullest extent that it they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction Administrative Agent could purchase the first mentioned currency could be purchased with such other currency at the Administrative Agent’s office on the Business Day immediately preceding the day that on which final judgment is given.

Appears in 7 contracts

Samples: Credit Agreement (Summit Midstream Partners, LP), Assignment and Assumption (Summit Midstream Partners, LP), Credit Agreement (Summit Midstream Partners, LP)

Judgment. (a) If, If for the purpose of obtaining judgment in any court, court it is necessary to convert a sum owing due hereunder in one currency into another currency, each party the parties hereto agreesagree, to the fullest extent that it they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction ABL Collateral Agent could purchase the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.

Appears in 7 contracts

Samples: Assumption Agreement (Veritiv Corp), Guarantee and Collateral Agreement (Veritiv Corp), Assumption and Supplemental Agreement (Veritiv Corp)

Judgment. (a) If, If for the purpose of obtaining judgment in any court, court it is necessary to convert a sum owing due hereunder in one currency into another currency, each party the parties hereto agreesagree, to the fullest extent that it they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction Collateral Agent could purchase the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.

Appears in 5 contracts

Samples: Guarantee and Collateral Agreement (Atkore Inc.), Holding Pledge Agreement (Hd Supply, Inc.), Credit Agreement (Hd Supply, Inc.)

Judgment. (a) If, If for the purpose purposes of obtaining judgment in any court, court it is necessary to convert a sum owing due hereunder in one currency into another currency, each party the parties hereto agreesagree, to the fullest extent that it they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction Administrative Agent could purchase the first mentioned currency could be purchased with such other currency at the Administrative Agent’s principal office in New York City on the Business Day immediately preceding the day that on which final judgment is given.

Appears in 5 contracts

Samples: Credit Agreement (DT Midstream, Inc.), Credit Agreement (DT Midstream, Inc.), Credit Agreement (DT Midstream, Inc.)

Judgment. (a) If, If for the purpose of obtaining judgment in any court, court it is necessary to convert a sum owing due hereunder in one currency into another currency, each party the parties hereto agreesagree, to the fullest extent that it they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction U.S. ABL Collateral Agent could purchase the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.

Appears in 4 contracts

Samples: Collateral Agreement (Hd Supply, Inc.), Credit Agreement (Hd Supply, Inc.), Guarantee and Collateral Agreement (Hd Supply, Inc.)

Judgment. (a) If, If for the purpose purposes of obtaining judgment in any court, court it is necessary to convert a sum owing due hereunder in one currency Dollars into another currency, each party the parties hereto agreesagree, to the fullest extent that it they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency Agent could be purchased purchase Dollars with such other currency on the Business Day immediately preceding the day that on which final judgment is given.

Appears in 3 contracts

Samples: Credit Agreement (Dentsply International Inc /De/), Credit Agreement (Dentsply International Inc /De/), Credit Agreement (Dentsply International Inc /De/)

Judgment. (a) If, If for the purpose of obtaining judgment in any court, court it is necessary to convert a sum owing due hereunder in one currency into another currency, each party the parties hereto agreesagree, to the fullest extent that it they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction U.S. Collateral Agent could purchase the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.

Appears in 3 contracts

Samples: Assumption Agreement (RSC Equipment Rental, Inc.), The Credit Agreement (RSC Holdings Inc.), Assumption Agreement (RSC Holdings Inc.)

Judgment. (a) If, If for the purpose of obtaining judgment in any court, court it is necessary to convert a sum owing due hereunder in one currency into another currency, each party the parties hereto agreesagree, to the fullest extent that it they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction Agent could purchase the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.

Appears in 3 contracts

Samples: Canadian Guarantee and Collateral Agreement (Herc Holdings Inc), Guarantee and Collateral Agreement (Herc Holdings Inc), Scotts Company

Judgment. (a) If, If for the purpose purposes of obtaining judgment in any court, court it is necessary to convert a sum owing due hereunder in one currency into another currency, each party the parties hereto agreesagree, to the fullest extent that it they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction Administrative Agent could purchase the first mentioned currency could be purchased with such other currency at the Administrative Agent’s principal office in London on the Business Day immediately preceding the day that on which final judgment is given.

Appears in 3 contracts

Samples: Credit Agreement (CHC Group Ltd.), Credit Agreement (CHC Group Ltd.), Credit Agreement (Integra Leasing As)

Judgment. (a) If, If for the purpose purposes of obtaining judgment in any court, court it is necessary to convert a sum owing due hereunder in one currency into another currency, each party the parties hereto agreesagree, to the fullest extent that it they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction Administrative Agent could purchase the first mentioned currency could be purchased with such other currency at the Administrative Agent’s principal office in Houston, Texas on the Business Day immediately preceding the day that on which final judgment is given.

Appears in 3 contracts

Samples: Guaranty Agreement (Frank's International N.V.), Credit Agreement (Frank's International N.V.), Revolving Credit Agreement (Frank's International N.V.)

Judgment. (a) If, If for the purpose purposes of obtaining judgment in any court, court it is necessary to convert a sum owing due hereunder or under the Notes in one any currency (the “Original Currency”) into another currency, each party currency (the “Other Currency”) the parties hereto agreesagree, to the fullest extent that it they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction Agent could purchase the first currency could be purchased Original Currency with such other currency on the Business Day immediately preceding the day on which final judgment is givenOther Currency.

Appears in 3 contracts

Samples: Multicurrency Credit Agreement (Ecolab Inc.), Multicurrency Credit Agreement (Ecolab Inc.), Multicurrency Credit Agreement (Ecolab Inc)

Judgment. (a) If, If for the purpose of obtaining judgment in any court, court it is necessary to convert a sum owing due hereunder in one currency into another currency, each party the parties hereto agreesagree, to the fullest extent that it they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction Administrative Agent could purchase the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.

Appears in 2 contracts

Samples: Credit Agreement (Arrow Electronics Inc), Arrow Electronics Inc

Judgment. (a) If, If for the purpose of obtaining judgment in any court, court it is necessary to convert a sum owing due hereunder in one currency into another currency, each party the parties hereto agreesagree, to the fullest extent that it they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction Revolving Collateral Agent could purchase the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.

Appears in 2 contracts

Samples: Guarantee and Collateral Agreement (Great North Imports, LLC), Guarantee and Collateral Agreement (Servicemaster Co)

Judgment. (a) If, If for the purpose purposes of obtaining judgment in any court, court it is necessary to convert a sum owing due hereunder or under any of the Notes in one currency Dollars into another currency, each party the parties hereto agreesagree, to the fullest extent that it they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency Lender could be purchased purchase Dollars with such other currency on the Business Day immediately preceding the day that on which final judgment is given.

Appears in 2 contracts

Samples: Credit Agreement (Double Hull Tankers, Inc.), Credit Agreement (DHT Maritime, Inc.)

Judgment. (a) If, If for the purpose purposes of obtaining judgment in any court, court it is necessary to convert a sum owing due hereunder in one currency into another currency, each party the parties hereto agreesagree, to the fullest extent that it they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction Administrative Agent could purchase the first mentioned currency could be purchased with such other currency at the Administrative Agent’s principal office on the Business Day immediately preceding the day that on which final judgment is given.

Appears in 2 contracts

Samples: Credit Agreement (SemGroup Corp), Credit Agreement (SemGroup Corp)

Judgment. (a) If, If for the purpose purposes of obtaining judgment in any court, court it is necessary to convert a sum owing hereunder due under any Loan Document in one currency Dollars into another currency, each party the parties hereto agreesagree, to the fullest extent that it they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency Lender could be purchased purchase Dollars with such other currency at its principal office at 11:00 A.M. on the Business Day immediately preceding the day that on which final judgment is given, subject to clause (b) below.

Appears in 2 contracts

Samples: Margin Loan Agreement (Montierra Minerals & Production, L.P.), Margin Loan Agreement (Montierra Minerals & Production, L.P.)

Judgment. (a) If, If for the purpose of obtaining judgment in any court, court it is necessary to convert a sum owing due hereunder in one currency into another currency, each party the parties hereto agreesagree, to the fullest extent that it they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction General Administrative Agent could purchase the first currency could be purchased with such other currency in 116 116 the city in which it normally conducts its foreign exchange operation for the first currency on the Business Day immediately preceding the day on which final judgment is given.

Appears in 1 contract

Samples: Credit Agreement (Laidlaw Environmental Services Inc)

Judgment. (a1) If, If for the purpose of obtaining judgment in any court, court it is necessary to convert a sum owing due hereunder in one currency into another currency, each party the parties hereto agreesagree, to the fullest extent that it they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction Collateral Agent could purchase the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.

Appears in 1 contract

Samples: Guarantee and Collateral Agreement (Atkore International Group Inc.)

Judgment. (a) If, If for the purpose of obtaining judgment in any court, court it is necessary to convert a sum owing due hereunder in one currency into another currency, each party the parties hereto agreesagree, to the fullest extent that it they may effectively lawfully do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction Administrative Agent could purchase the first currency could be purchased with such other currency in the city in which it normally conducts its foreign exchange 194 operation for the first currency on the Business Day immediately preceding the day on which final judgment is given.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Lincoln Electric Holdings Inc)

Judgment. (a) If, for the purpose purposes of obtaining judgment in any court, it is necessary to convert a sum owing due hereunder or any other Loan Document in one currency into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction Administrative Agent or the applicable Issuing Bank could purchase the first currency could be purchased with such other currency on the Business Day immediately preceding the day that on which final judgment is given.

Appears in 1 contract

Samples: Revolving Credit Agreement (Kbr, Inc.)

Judgment. (a) If, If for the purpose of obtaining judgment in any court, court it is necessary to convert a sum owing due hereunder in one currency into another currency, each party the parties hereto agreesagree, to the fullest extent that it they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction Common Collateral Agent could purchase the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.

Appears in 1 contract

Samples: Guarantee and Collateral Agreement (Hertz Corp)

Judgment. (a) If, (a) If for the purpose purposes of obtaining judgment in any court, court it is necessary to convert a sum owing due hereunder or under the Notes in one any currency (the “Original Currency”) into another currency, each party currency (the “Other Currency”) the parties hereto agreesagree, to the fullest extent that it they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction Agent could purchase the first currency could be purchased Original Currency with such other currency on the Business Day immediately preceding the day on which final judgment is givenOther Currency.

Appears in 1 contract

Samples: Multicurrency Credit Agreement (Ecolab Inc.)

Judgment. (a) If, If for the purpose of obtaining judgment in any court, court it is necessary to convert a sum owing due hereunder in one currency into another currency, each party the parties hereto agreesagree, to the fullest extent that it they may effectively do so, that the rate of exchange used shall be that rate, inclusive of any costs of exchange, at which in accordance with normal banking procedures in the relevant jurisdiction Administrative Agent could purchase the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.

Appears in 1 contract

Samples: Credit Agreement (Harman International Industries Inc /De/)

Judgment. (aA) If, If for the purpose purposes of obtaining judgment in any court, court it is necessary to convert a sum owing due hereunder or under any Notes in one currency Dollars into another currencycurrency (the "Other Currency"), each party the parties hereto agreesagree, to the fullest extent that it may effectively do sopermitted by law, that the rate of exchange used shall be that at which in accordance with normal banking procedures in procedure the relevant jurisdiction Agent could purchase the first currency could be purchased Dollars with such other currency the Other Currency on the Business Day immediately preceding the day that on which final judgment is given.

Appears in 1 contract

Samples: Loan Agreement (NCC Industries Inc)

Judgment. (a) If, If for the purpose of obtaining judgment in any court, court it is necessary to convert a sum owing due hereunder in one currency into another currency, each party the parties hereto agreesagree, to the fullest extent that it they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.

Appears in 1 contract

Samples: Notes Collateral Agreement (Cornerstone Building Brands, Inc.)

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Judgment. (a) If, If for the purpose of obtaining judgment in any court, court it is necessary to convert a sum owing due hereunder in one currency into another currency, each party the parties hereto agreesagree, to the fullest extent that it they may effectively do so, under applicable law that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction Administrative Agent could purchase the first currency could be purchased with such other currency in the city in which it normally conducts its foreign exchange operation for the first currency on the Business Day immediately preceding the day on which final judgment is given.. 169 509265-1946-Active.21307007.121307007.7

Appears in 1 contract

Samples: Credit Agreement (DIEBOLD NIXDORF, Inc)

Judgment. (a) If, If for the purpose of obtaining judgment in any court, court it is necessary to convert a sum owing due hereunder in one currency into another currency, each party the parties hereto agreesagree, to the fullest extent that it they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction Canadian Collateral Agent could purchase the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.

Appears in 1 contract

Samples: Credit Agreement (Hd Supply, Inc.)

Judgment. (a) If, If for the purpose purposes of obtaining judgment in any court, court it is necessary to convert a sum owing due hereunder or under any instrument delivered hereunder in one currency Dollars into another currency, each party the parties hereto agreesagree, to the fullest extent that it may effectively do sopermitted by law, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction Agent or the first currency Lender, as the case may be, could be purchased purchase Dollars with such other currency on the Business Day immediately preceding the day that on which final judgment is given.

Appears in 1 contract

Samples: Credit Agreement (General Maritime Corp)

Judgment. (a) If, If for the purpose of obtaining judgment in any court, -------- court it is necessary to convert a sum owing due hereunder in one currency into another currency, each party the parties hereto agreesagree, to the fullest extent that it they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction Administrative Agent could purchase the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.

Appears in 1 contract

Samples: Credit Agreement (VWR Corp)

Judgment. (a) If, If for the purpose purposes of obtaining judgment in any court, court it is necessary to convert a sum owing due hereunder or under the Note in one currency Dollars into another currency, each party the parties hereto agreesagree, to the fullest extent that it they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency Lender could be purchased purchase Dollars with such other currency on the Business Day immediately preceding the day that on which final judgment is given.

Appears in 1 contract

Samples: Credit Agreement (Eagle Bulk Shipping Inc.)

Judgment. (a) If, If for the purpose of obtaining -------- judgment in any court, court it is necessary to convert a sum owing due hereunder in one currency into another currency, each party the parties hereto agreesagree, to the fullest extent that it they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction Administrative Agent could purchase the first currency could be purchased with such other currency in the city in which it normally conducts its foreign exchange operation for the first currency on the Business Day immediately preceding the day on which final judgment is given.

Appears in 1 contract

Samples: Credit Agreement (Federal Mogul Corp)

Judgment. (a) If, If for the purpose purposes of obtaining judgment in any court, court it is necessary to convert a sum owing due hereunder in one currency into another currency, each party the parties hereto agreesagree, to the fullest extent that it they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction Administrative Agent could purchase the first mentioned currency could be purchased with such other currency at the Administrative Agent’s principal office in New York on the Business Day immediately preceding the day that on which final judgment is given.

Appears in 1 contract

Samples: Credit Agreement (TPC Group LLC)

Judgment. (a) If, If for the purpose of obtaining judgment in any court, court it is necessary to convert a sum owing due hereunder in one currency into another currency, each party the parties hereto agreesagree, to the fullest extent that it they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction Administrative Agent could purchase the first currency could be purchased with such other currency on the second Business Day immediately preceding the day on which final judgment is given.

Appears in 1 contract

Samples: Credit Agreement (Hayes Lemmerz International Inc)

Judgment. (a) If, If for the purpose of obtaining judgment in ------------------------ any court, court it is necessary to convert a sum owing due hereunder in one currency into another currency, each party the parties hereto agreesagree, to the fullest extent that it they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction Administrative Agent could purchase the first currency could be purchased with such other currency in the city in which it normally conducts its foreign exchange operation for the first currency on the Business Day immediately preceding the day on which final judgment is given.

Appears in 1 contract

Samples: Credit Agreement (Federal Mogul Corp)

Judgment. (ai) If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing due hereunder to any party hereunder in one currency into another currency, each party the parties hereto agreesagree, to the fullest extent that it may effectively do sopermitted by law, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction such party could purchase the first currency could be purchased with such other currency on the day which is at least two Business Day immediately preceding Days prior to the day on which final judgment is givenrendered.

Appears in 1 contract

Samples: Subordination Agreement (Polska Telefonia Cyfrowa Sp Zoo)

Judgment. (a) If, If for the purpose purposes of obtaining judgment in any court, court it is necessary to convert a sum owing due hereunder or under the Notes in one any currency (the “Original Currency”) into another currency, each party currency (the “Other Currency”) the parties hereto agreesagree, to the fullest extent that it they may effectively do so, that the rate of exchange used shall be that at which is in accordance with normal banking procedures in the relevant jurisdiction Lender could purchase the Original Currency with the Other Currency on the first currency could be purchased with such other currency on the Business Day immediately preceding the day that on which final judgment is given.

Appears in 1 contract

Samples: Loan Agreement (Qep Co Inc)

Judgment. (a) If, If for the purpose purposes of obtaining judgment in any court, court or realizing on Collateral it is necessary or desirable to convert a sum owing due hereunder or under any instrument delivered hereunder in one a given currency into another currency, each party the parties hereto agreesagree, to the fullest extent that it may effectively do sopermitted by law, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction Agent or the first Lender, as the case may be, could purchase such currency could be purchased with such other currency on the Business Day immediately preceding the day that on which final judgment is given.

Appears in 1 contract

Samples: Revolving Credit Agreement (Chiquita Brands International Inc)

Judgment. (a) If, If for the purpose purposes of obtaining judgment in any court, court it is necessary to convert a sum owing due hereunder or under the Notes in one any currency (the "Original Currency") into another currency, each party currency (the "Other Currency") the parties hereto agreesagree, to the fullest extent that it they may effectively do so, that the rate of exchange used shall be that at which is in accordance with normal banking procedures in the relevant jurisdiction Lender could purchase the Original Currency with the Other Currency on the first currency could be purchased with such other currency on the Business Day immediately preceding the day that on which final judgment is given.

Appears in 1 contract

Samples: Loan Agreement (Qep Co Inc)

Judgment. (a) If, If for the purpose of obtaining judgment in any court, court it is necessary to convert a sum owing due hereunder or under any Note in one currency into another currency, each party the parties hereto agreesagree, to the fullest extent that it they may effectively do so, that the rate of exchange used shall be that rate, inclusive of any costs of exchange, at which in accordance with normal banking procedures in the relevant jurisdiction Administrative Agent could purchase the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.

Appears in 1 contract

Samples: Credit Agreement (Harman International Industries Inc /De/)

Judgment. (aga) If, If for the purpose of obtaining judgment in any court, court it is necessary to convert a sum owing due hereunder in one currency into another currency, each party the parties hereto agreesagree, to the fullest extent that it they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction Administrative Agent could purchase the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.

Appears in 1 contract

Samples: Joinder Agreement (Arrow Electronics Inc)

Judgment. (acv) If, If for the purpose of obtaining judgment in any court, court it is necessary to convert a sum owing due hereunder in one currency into another currency, each party the parties hereto agreesagree, to the fullest extent that it they may effectively do so, under applicable law that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction Administrative Agent could purchase the first currency could be purchased with such other currency in the city in which it normally conducts its foreign exchange operation for the first currency on the Business Day immediately preceding the day on which final judgment is given.

Appears in 1 contract

Samples: Credit Agreement (DIEBOLD NIXDORF, Inc)

Judgment. (a) If, If for the purpose of obtaining judgment in any court, court it is necessary to convert a sum owing due hereunder in one currency into another currency, each party the parties hereto agreesagree, to the fullest 2007 Arrow Electronics Credit Agreement extent that it they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction Administrative Agent could purchase the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.

Appears in 1 contract

Samples: Credit Agreement (Arrow Electronics Inc)

Judgment. (a) If, If for the purpose of obtaining judgment in any court, court it is necessary to convert a sum owing due hereunder in one currency into another currency, each party the parties hereto agreesagree, to the fullest extent that it they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction Administrative Agent or the Collateral Agent could purchase the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.. 57

Appears in 1 contract

Samples: Guarantee and Collateral Agreement (Nci Building Systems Inc)

Judgment. (a) If, If for the purpose of obtaining judgment in any court, court it is necessary to convert a sum owing due hereunder in one currency into another currency, each party the parties hereto agreesagree, to the fullest extent that it they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction Term Collateral Agent could purchase the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.

Appears in 1 contract

Samples: Guarantee and Collateral Agreement (Great North Imports, LLC)

Judgment. (a) If, If for the purpose of obtaining judgment in any court, court it is necessary to convert a sum owing due hereunder in one currency into another currency, each party the parties hereto agreesagree, to the fullest extent that it they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction Revolving Credit Collateral Agent could purchase the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.

Appears in 1 contract

Samples: Security Agreement (Servicemaster Co)

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