Example ContractsClausesaffected currencyVariants
Remove:

If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other 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 applicable 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 Borrower in respect of any such sum due from it to the Administrative Agents or the Lenders hereunder or under the other 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 applicable Administrative Agent of any sum adjudged to be so due in the Judgment Currency, the applicable Administrative 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 applicable Administrative Agent from any Borrower in the Agreement Currency, such Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Administrative 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 applicable Administrative Agent in such currency, such Administrative Agent agrees to promptly return the amount of any excess to such Borrower (or to any other Person who may be entitled thereto under applicable law).

. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other CreditLoan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the applicable 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 Borrower in respect of any such sum due from it to the Administrative AgentsAgent or the Lenders hereunder or under the other CreditLoan 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 applicable Administrative Agent of any sum adjudged to be so due in the Judgment Currency, the applicable Administrative 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 applicable Administrative Agent from any Borrower in the Agreement Currency, such Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify suchthe Administrative 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 applicable Administrative Agent in such currency, suchthe Administrative Agent agrees to promptly return the amount of any excess to such Borrower (or to any other Person who may be entitled thereto under applicable law).

. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other CreditLoan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the applicable 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 Borrowerthe Borrowers in respect of any such sum due from it to the Administrative AgentsAgent or the Lenders hereunder or under the other CreditLoan 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 applicable Administrative Agent of any sum adjudged to be so due in the Judgment Currency, the applicable Administrative 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 applicable Administrative Agent from any Borrower in the Agreement Currency, such Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify suchthe Administrative 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 applicable Administrative Agent in such currency, suchthe Administrative Agent agrees to promptly return the amount of any excess to such Borrower (or to any other Person who may be entitled thereto under applicable law)Law).

If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other CreditLoan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the applicable 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 BorrowerLoan Party in respect of any such sum due from it to the Administrative AgentsAgent or the Lendersany Lender hereunder or under the other CreditLoan 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 applicable Administrative Agent or such Lender, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the applicable Administrative 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 applicable Administrative Agent or any Lender from any BorrowerLoan Party in the Agreement Currency, such BorrowerLoan Party agrees, as a separate obligation and notwithstanding any such judgment, to indemnify suchthe Administrative Agent or such Lender, as the Person to whom such obligation was owingcase may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the applicable Administrative Agent or any Lender in such currency, suchthe Administrative Agent or such Lender, as the case may be, agrees to promptly return the amount of any excess to such BorrowerLoan Party (or to any other Person who may be entitled thereto under applicableApplicable law).

Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other CreditLoan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the applicable 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 Borrower in respect of any such sum due from it to the Administrative AgentsAgent or the Lendersany Lender hereunder or under the other CreditLoan 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 applicable Administrative Agent or such Lender, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the applicable Administrative 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 applicable Administrative Agent or any Lender from any Borrower in the Agreement Currency, such Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify suchthe Administrative Agent or such Lender, as the Person to whom such obligation was owingcase may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the applicable Administrative Agent or any Lender in such currency, suchthe Administrative Agent or such Lender, as the case may be, agrees to promptly return the amount of any excess to such Borrower (or to any other Person who may be entitled thereto under applicable law).

SECTION # Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other CreditLoan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the applicable 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 eachthe Borrower in respect of any such sum due from it to the Administrative AgentsAgent or the Lendersany Lender hereunder or under the other CreditLoan Documents shall, notwithstanding any judgment in a currency (the Judgment Currency"Judgment Currency") other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the Agreement Currency"Agreement Currency"), be discharged only to the extent that on the Business Day following receipt by the applicable Administrative Agent or such Lender, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the applicable Administrative 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 applicable Administrative Agent or any Lender from anythe Borrower in the Agreement Currency, suchthe Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify suchthe Administrative Agent or such Lender, as the Person to whom such obligation was owingcase may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the applicable Administrative Agent or any Lender in such currency, suchthe Administrative Agent or such Lender, as the case may be, agrees to promptly return the amount of any excess to suchthe Borrower (or to any other Person who may be entitled thereto under applicable law).

. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other CreditLoan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the applicable 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 Borrower Party in respect of any such sum due from it to the Administrative AgentsAgent, Letter of Credit Issuer or the Lendersany Lender hereunder or under the other CreditLoan 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 Administrative Agent, Letter of Credit Issuer or such Lender, as the applicable Administrative Agentcase may be, of any sum adjudged to be so due in the Judgment Currency, Administrative Agent, Letter of Credit Issuer or such Lender, as the applicable Administrative Agentcase 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 applicable Administrative AgentAgent, Letter of Credit Issuer or any Lender from any Borrower Party in the Agreement Currency, such Borrower Party agrees, as a separate obligation and notwithstanding any such judgment, to indemnify Administrative Agent, Letter of Credit Issuer or such Administrative Agent orLender, as the Person to whom such obligation was owingcase may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the applicable Administrative AgentAgent, Letter of Credit Issuer or any Lender in such currency, Administrative Agent, Letter of Credit Issuer or such Administrative AgentLender, as the case may be, agrees to promptly return the amount of any excess to such Borrower (or to any other Person who may be entitled thereto under applicable law).

SECTION # Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other CreditLoan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the applicable 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 BorrowerLoan Party in respect of any such sum due from it to the Administrative AgentsAgent or the Lendersany Lender hereunder or under the other CreditLoan 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 applicable Administrative Agent or such Lender, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the applicable Administrative 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 applicable Administrative Agent or any Lender from any BorrowerLoan Party in the Agreement Currency, such BorrowerLoan Party agrees, as a separate obligation and notwithstanding any such judgment, to indemnify suchthe Administrative Agent or such Lender, as the Person to whom such obligation was owingcase may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the applicable Administrative Agent or any Lender in such currency, suchthe Administrative Agent or such Lender, as the case may be, agrees to promptly return the amount of any excess to such BorrowerLoan Party (or to any other Person who may be entitled thereto under applicableAapplicable law).

Section # . Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other CreditLoan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the applicable 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 Borrowerthe Company in respect of any such sum due from it to the Administrative AgentsAgent or the Lendersany Bank hereunder or under the other CreditLoan 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 applicable Administrative Agent or such Bank, as the case may be, of any sum adjudged to be so due in the Judgment Currency, the applicable Administrative Agent or such 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 applicable Administrative Agent or any Bank from any Borrowerthe Company in the Agreement Currency, such Borrowerthe Company agrees, as a separate obligation and notwithstanding any such judgment, to indemnify suchthe Administrative Agent or such Bank, as the Person to whom such obligation was owingcase may be, against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the applicable Administrative Agent or any Bank in such currency, suchthe Administrative Agent or such Bank, as the case may be, agrees to promptly return the amount of any excess to such Borrowerthe Company (or to any other Person who may be entitled thereto under applicable law).

Section # Judgment Currency. If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other CreditLoan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the applicable 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 eachthe Borrower in respect of any such sum due from it to the Administrative AgentsAgent or the Lenders hereunder or under the other CreditLoan 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 applicable Administrative Agent of any sum adjudged to be so due in the Judgment Currency, the applicable Administrative 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 applicable Administrative Agent from anythe Borrower in the Agreement Currency, suchthe Borrower agrees,agree, as a separate obligation and notwithstanding any such judgment, to indemnify suchthe Administrative 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 applicable Administrative Agent in such currency, suchthe Administrative Agent agrees to promptly return the amount of any excess to suchthe Borrower (or to any other Person who may be entitled thereto under applicable law)Law). The obligations of the Borrower contained in this [Section 10.23] shall survive the termination of this Agreement and the payment of all other amounts owing hereunder.

Load more...
Select clause to view document information.

Draft better contracts
faster with AllDrafts

AllDrafts is a cloud-based editor designed specifically for contracts. With automatic formatting, a massive clause library, smart redaction, and insanely easy templates, it’s a welcome change from Word.

And AllDrafts generates clean Word and PDF files from any draft.