Mandatory Prepayments due to Currency Fluctuations. If the Administrative Agent notifies the Company that on any Computation Date # solely because of currency fluctuations, the Aggregate Outstanding Revolving Credit Exposure exceeds 105% of the Aggregate Revolving Commitment, # solely because of currency fluctuations, the Dollar Amount of all outstanding Multicurrency Revolving Loans exceeds 105% of the amount specified in [clause (iii)] of the proviso to the first sentence of [Section 2.1] or # solely because of currency fluctuations, the LC Exposure exceeds 105% of the amount specified in , then, within two (2) Business Days after receipt of such notice, the Borrowers shall repay Advances comprised of Revolving Loans (or, in the case of [clause (c)] and, if no Advances comprised of Revolving Loans are outstanding, [clause (a)], deposit funds in an LC Collateral Account) in an amount sufficient to eliminate such excess.
losses due to foreign exchange adjustments including losses and expenses in connection with currency and exchange rate fluctuations;
“Other Hedging Agreements” shall mean any foreign exchange contracts, currency swap agreements, commodity agreements or other similar arrangements, or arrangements designed to protect against fluctuations in currency values or commodity prices.
“Hedge Agreement” means any interest or foreign currency rate swap, cap, collar, option, hedge, forward rate or other similar agreement or arrangement designed to protect against fluctuations in interest rates or currency exchange rates.
Sensitivity analysis is computed based on the changes in the income and expenses in foreign currency upon conversion into functional currency, due to exchange rate fluctuations between the previous reporting period and the current reporting period.
“Currency Agreement” of any Person means any foreign exchange contract, currency swap agreement or other similar agreement or arrangement designed to protect such Person or any of its Subsidiaries against fluctuations in currency values. For the avoidance of doubt, any Permitted Convertible Indebtedness Call Transaction will not constitute a Currency Agreement.
If as of any date of determination of the Net Aggregate Revolving Credit Exposure, solely as a result of fluctuations in currency exchange rates:
gains and losses due solely to fluctuations in currency values and the related tax effects determined in accordance with GAAP for such Test Period;
If for the purpose of obtaining or enforcing judgment against the Company in connection with this Agreement or any other Transaction Document in any court in any jurisdiction it becomes necessary to convert into any other currency (such other currency being hereinafter in this Section 9(p) referred to as the “Judgment Currency”) an amount due in US Dollars under this Agreement, the conversion shall be made at the Exchange Rate prevailing on the Business Day immediately preceding:
Alternative Currency. In the case of a Credit Extension to be denominated in an Alternative Currency, such currency remains an Eligible Currency.
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