Common use of Judgment Currency Clause in Contracts

Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder into any currency other than United States dollars, the parties hereto agree, to the fullest extent permitted by law, that the rate of exchange used shall be the rate at which in accordance with normal banking procedures the Underwriters could purchase United States dollars with such other currency in The City of New York on the business day preceding that on which final judgment is given. The obligation of the Company with respect to any sum due from it to any Underwriter or any person controlling any Underwriter shall, notwithstanding any judgment in a currency other than United States dollars, not be discharged until the first business day following receipt by such Underwriter or controlling person of any sum in such other currency, and only to the extent that such Underwriter or controlling person may in accordance with normal banking procedures purchase United States dollars with such other currency. If the United States dollars so purchased are less than the sum originally due to such Underwriter or controlling person hereunder, the Company agrees as a separate obligation and notwithstanding any such judgment, to indemnify such Underwriter or controlling person against such loss. If the United States dollars so purchased are greater than the sum originally due to such Underwriter or controlling person hereunder, such Underwriter or controlling person agrees to pay to the Company an amount equal to the excess of the dollars so purchased over the sum originally due to such Underwriter or controlling person hereunder.

Appears in 78 contracts

Samples: Underwriting Agreement (Lion Electric Co), Underwriting Agreement (Super Hi International Holding Ltd.), Underwriting Agreement (Abivax S.A.)

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Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder into any currency other than United States dollars, the parties hereto agree, to the fullest extent permitted by law, that the rate of exchange used shall be the rate at which in accordance with normal banking procedures the Underwriters could purchase United States dollars with such other currency in The City of New York on the business day preceding that on which final judgment is given. The obligation of the Company with respect to any sum due from it to any an Underwriter or any person controlling any such Underwriter shall, notwithstanding any judgment in a currency other than United States dollars, not be discharged until the first business day following receipt by such Underwriter or controlling person of any sum in such other currency, and only to the extent that such Underwriter or controlling person may in accordance with normal banking procedures purchase United States dollars with such other currency. If the United States dollars so purchased are less than the sum originally due to such Underwriter or controlling person hereunder, the Company agrees as a separate obligation and notwithstanding any such judgment, to indemnify such Underwriter or controlling person against such loss. If the United States dollars so purchased are greater than the sum originally due to such Underwriter or controlling person hereunder, such Underwriter or controlling person agrees to pay to the Company an amount equal to the excess of the dollars so purchased over the sum originally due to such Underwriter or controlling person hereunder.

Appears in 58 contracts

Samples: Underwriting Agreement (Chromocell Therapeutics Corp), Underwriting Agreement (Unusual Machines, Inc.), Underwriting Agreement (Unusual Machines, Inc.)

Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder into any currency other than United States dollars, the parties hereto agree, to the fullest extent permitted by law, that the rate of exchange used shall be the rate at which in accordance with normal banking procedures the Underwriters could purchase United States dollars with such other currency in The City of New York on the business day preceding that on which final judgment is given. The obligation of the Company pursuant to this Agreement with respect to any sum due from it to any Underwriter or any person controlling any Underwriter shall, notwithstanding any judgment in a currency other than United States dollars, not be discharged until the first business day following receipt by such Underwriter or controlling person of any sum in such other currency, and only to the extent that such Underwriter or controlling person may in accordance with normal banking procedures purchase United States dollars with such other currency. If the United States dollars so purchased are less than the sum originally due to such Underwriter or controlling person hereunder, the Company agrees as a separate obligation and notwithstanding any such judgment, to indemnify such Underwriter or controlling person against such loss. If the United States dollars so purchased are greater than the sum originally due to such Underwriter or controlling person hereunder, such Underwriter or controlling person agrees to pay to the Company Company, an amount equal to the excess of the dollars so purchased over the sum originally due to such Underwriter or controlling person hereunder.

Appears in 28 contracts

Samples: Underwriting Agreement (JIADE LTD), Underwriting Agreement (JIADE LTD), Underwriting Agreement (JIADE LTD)

Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder into any currency other than United States dollars, the parties hereto agree, to the fullest extent permitted by law, that the rate of exchange used shall be the rate at which in accordance with normal banking procedures the Underwriters Agent could purchase United States dollars with such other currency in The City of New York on the business day Business Day preceding that on which final judgment is given. The obligation of the Company with respect to any sum due from it to any Underwriter the Agent or any person controlling any Underwriter the Agent shall, notwithstanding any judgment in a currency other than United States dollars, not be discharged until the first business day Business Day following receipt by such Underwriter the Agent or any person controlling person the Agent of any sum in such other currency, and only to the extent that such Underwriter the Agent or controlling person may in accordance with normal banking procedures purchase United States dollars with such other currency. If the United States dollars so purchased are less than the sum originally due to such Underwriter the Agent or controlling person hereunder, the Company agrees as a separate obligation and notwithstanding any such judgment, to indemnify such Underwriter the Agent or controlling person against such loss. If the United States dollars so purchased are greater than the sum originally due to such Underwriter the Agent or controlling person hereunder, such Underwriter the Agent or controlling person agrees to pay to the Company an amount equal to the excess of the dollars so purchased over the sum originally due to such Underwriter the Agent or controlling person hereunder.

Appears in 14 contracts

Samples: Sales Agreement (ProQR Therapeutics N.V.), Sales Agreement (Tanzanian Gold Corp), Sales Agreement (Avino Silver & Gold Mines LTD)

Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder into any currency other than United States dollars, the parties hereto agree, to the fullest extent permitted by law, that the rate of exchange used shall be the rate at which in accordance with normal banking procedures the Underwriters Trustee could purchase United States dollars with such other currency in The City of New York on the business day preceding that on which final judgment is given. The obligation of the Company and the Parent with respect to any sum due from it to any Underwriter or any person controlling any Underwriter the Trustee and the Holders shall, notwithstanding any judgment in a currency other than United States dollars, not be discharged until the first business day following receipt by such Underwriter the Trustee or controlling person the Holders of any sum in such other currency, and only to the extent that such Underwriter or controlling person the Trustee may in accordance with normal banking procedures purchase United States dollars with such other currency. If the United States dollars so purchased are less than the sum originally due to such Underwriter the Trustee or controlling person hereunderthe Holders, the Company agrees and the Parent, jointly and severally, to the extent permitted by law, agree as a separate obligation and notwithstanding any such judgment, to indemnify the Trustee and such Underwriter or controlling person Holders against such loss. If the United States dollars so purchased are greater than the sum originally due to such Underwriter the Trustee or controlling person hereunderthe Holders, such Underwriter or controlling person the Trustee and the Holders hereby agrees to pay to the Company an amount equal to the excess of the dollars so purchased over the sum originally due to such Underwriter or controlling person hereunderperson.

Appears in 14 contracts

Samples: Indenture (Seagate Technology PLC), Indenture (Seagate Technology PLC), Supplemental Indenture (Seagate Technology PLC)

Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder into any currency other than United States dollars, the parties hereto agree, to the fullest extent permitted by law, that the rate of exchange used shall be the rate at which in accordance with normal banking procedures the Underwriters could purchase United States dollars with such other currency in The City of New York on the business day Business Day preceding that on which final judgment is given. The obligation of the Company pursuant to this Agreement with respect to any sum due from it to any Underwriter the Underwriters or any person controlling any Underwriter the Underwriters shall, notwithstanding any judgment in a currency other than United States dollars, not be discharged until the first business day Business Day following receipt by such Underwriter the Underwriters or controlling person of any sum in such other currency, and only to the extent that such Underwriter the Underwriters or controlling person may in accordance with normal banking procedures purchase United States dollars with such other currency. If the United States dollars so purchased are less than the sum originally due to such Underwriter the Underwriters or controlling person hereunder, the Company agrees as a separate obligation and notwithstanding any such judgment, to indemnify such Underwriter the Underwriters or controlling person against such loss. If the United States dollars so purchased are greater than the sum originally due to such Underwriter the Underwriters or controlling person hereunder, such Underwriter the Underwriters or controlling person agrees to pay to the Company an amount equal to the excess of the dollars so purchased over the sum originally due to such Underwriter the Underwriters or controlling person hereunder.

Appears in 13 contracts

Samples: Underwriting Agreement (SolarMax Technology, Inc.), Underwriting Agreement (SolarMax Technology, Inc.), Underwriting Agreement (SolarMax Technology, Inc.)

Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder into any currency other than United States U.S. dollars, the parties hereto agree, to the fullest extent permitted by lawthat they may effectively do so, that the rate of exchange used shall be the rate at which in accordance with normal banking procedures the Underwriters could purchase United States U.S. dollars with such other currency in The City of New York on the business day preceding that on which final judgment is given. The obligation obligations of the Company with in respect to of any sum due from it to any Underwriter or any person controlling any Underwriter shall, notwithstanding any judgment in a any currency other than United States U.S. dollars, not be discharged until the first business day day, following receipt by such Underwriter or controlling person of any sum adjudged to be so due in such other currency, on which (and only to the extent that that) such Underwriter or controlling person may in accordance with normal banking procedures purchase United States U.S. dollars with such other currency. If ; if the United States U.S. dollars so purchased are less than the sum originally due to such Underwriter or controlling person hereunder, the Company agrees agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Underwriter or controlling person against such loss. If the United States U.S. dollars so purchased are greater than the sum originally due to such Underwriter or controlling person hereunder, such Underwriter or controlling person agrees to pay to the Company an amount equal to the excess of the U.S. dollars so purchased over the sum originally due to such Underwriter or controlling person hereunder.

Appears in 13 contracts

Samples: Underwriting Agreement (IHS Markit Ltd.), Underwriting Agreement (Correvio Pharma Corp.), Underwriting Agreement (Cardiome Pharma Corp)

Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder into any currency other than United States dollars, the parties hereto agree, to the fullest extent permitted by law, that the rate of exchange used shall be the rate at which in accordance with normal banking procedures the Underwriters could purchase United States dollars with such other currency in The City of New York on the business day preceding that on which final judgment is given. The obligation of the Company with respect to any sum due from it to any Underwriter or any person controlling any Underwriter shall, notwithstanding any judgment in a currency other than United States dollars, not be discharged until the first business day following receipt by such Underwriter or controlling person of any sum in such other currency, and only to the extent that such Underwriter or controlling person may in accordance with normal banking procedures purchase United States dollars with such other currency. If the United States dollars so purchased are less than the sum originally due to such Underwriter or controlling person hereunder, the Company agrees agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Underwriter or controlling person against such loss. If the United States dollars so purchased are greater than the sum originally due to such Underwriter or controlling person hereunder, such Underwriter or controlling person agrees to pay to the Company an amount equal to the excess of the dollars so purchased over the sum originally due to such Underwriter or controlling person hereunder.

Appears in 12 contracts

Samples: Underwriting Agreement (ArcelorMittal), Underwriting Agreement (ArcelorMittal), Underwriting Agreement (ArcelorMittal)

Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder into any currency other than United States dollars, the parties hereto agree, to the fullest extent permitted by law, that the rate of exchange used shall be the rate at which in accordance with normal banking procedures the Underwriters could purchase United States dollars with such other currency in The City of New York on the business day preceding that on which final judgment is given. The obligation of the Company or any Selling Shareholder with respect to any sum due from it to any Underwriter or any person controlling any Underwriter shall, notwithstanding any judgment in a currency other than United States dollars, not be discharged until the first business day following receipt by such Underwriter or controlling person of any sum in such other currency, and only to the extent that such Underwriter or controlling person may in accordance with normal banking procedures purchase United States dollars with such other currency. If the United States dollars so purchased are less than the sum originally due to such Underwriter or controlling person hereunder, the Company and each of the Selling Shareholders agrees as a separate obligation and notwithstanding any such judgment, to indemnify such Underwriter or controlling person against such loss. If the United States dollars so purchased are greater than the sum originally due to such Underwriter or controlling person hereunder, such Underwriter or controlling person agrees to pay to the Company or the relevant Selling Shareholder(s), as applicable, an amount equal to the excess of the dollars so purchased over the sum originally due to such Underwriter or controlling person hereunder.

Appears in 12 contracts

Samples: Underwriting Agreement (TELUS International (Cda) Inc.), Underwriting Agreement (Teads S.A.), Underwriting Agreement

Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder into any currency other than United States dollars, the parties hereto agree, to the fullest extent permitted by law, that the rate of exchange used shall be the rate at which in accordance with normal banking procedures the Underwriters could purchase United States dollars with such other currency in The City State of New York on the business day Business Day preceding that on which final judgment is given. The obligation of the Company pursuant to this Agreement with respect to any sum due from it to any Underwriter the Underwriters or any person controlling any Underwriter the Underwriters shall, notwithstanding any judgment in a currency other than United States dollars, not be discharged until the first business day Business Day following receipt by such Underwriter the Underwriters or controlling person of any sum in such other currency, and only to the extent that such Underwriter the Underwriters or controlling person may in accordance with normal banking procedures purchase United States dollars with such other currency. If the United States dollars so purchased are less than the sum originally due to such Underwriter the Underwriters or controlling person hereunder, the Company agrees as a separate obligation and notwithstanding any such judgment, to indemnify such Underwriter the Underwriters or controlling person against such loss. If the United States dollars so purchased are greater than the sum originally due to such Underwriter the Underwriters or controlling person hereunder, such Underwriter the Underwriters or controlling person agrees to pay to the Company an amount equal to the excess of the dollars so purchased over the sum originally due to such Underwriter the Underwriters or controlling person hereunder.

Appears in 12 contracts

Samples: Underwriting Agreement (WORK Medical Technology Group LTD), Underwriting Agreement (CDT Environmental Technology Investment Holdings LTD), Underwriting Agreement (Lobo Ev Technologies LTD)

Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder into any currency other than United States dollars, the parties hereto agree, to the fullest extent permitted by law, that the rate of exchange used shall be the rate at which in accordance with normal banking procedures the Underwriters could purchase United States dollars with such other currency in The City the State of New York on the business day Business Day preceding that on which final judgment is given. The obligation of the Company pursuant to this Agreement with respect to any sum due from it to any Underwriter the Underwriters or any person controlling any Underwriter the Underwriters shall, notwithstanding any judgment in a currency other than United States dollars, not be discharged until the first business day Business Day following receipt by such Underwriter the Underwriters or controlling person of any sum in such other currency, and only to the extent that such Underwriter the Underwriters or controlling person may in accordance with normal banking procedures purchase United States dollars with such other currency. If the United States dollars so purchased are less than the sum originally due to such Underwriter the Underwriters or controlling person hereunder, the Company agrees as a separate obligation and notwithstanding any such judgment, to indemnify such Underwriter the Underwriters or controlling person against such loss. If the United States dollars so purchased are greater than the sum originally due to such Underwriter the Underwriters or controlling person hereunder, such Underwriter the Underwriters or controlling person agrees to pay to the Company an amount equal to the excess of the dollars so purchased over the sum originally due to such Underwriter the Underwriters or controlling person hereunder.

Appears in 12 contracts

Samples: Underwriting Agreement (J-Star Holding Co., Ltd.), Underwriting Agreement (UTime LTD), Underwriting Agreement (UTime LTD)

Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder into any currency other than United States dollars, the parties hereto agree, to the fullest extent permitted by law, that the rate of exchange used shall be the rate at which in accordance with normal banking procedures the Underwriters could purchase United States dollars with such other currency in The City of New York on the business day preceding that on which final judgment is given. The obligation of the Company Trust and the Manager with respect to any sum due from it to any Underwriter or any person controlling any Underwriter shall, notwithstanding any judgment in a currency other than United States dollars, not be discharged until the first business day following receipt by such Underwriter or controlling person of any sum in such other currency, and only to the extent that such Underwriter or controlling person may in accordance with normal banking procedures purchase United States dollars with such other currency. If the United States dollars so purchased are less than the sum originally due to such Underwriter or controlling person hereunder, the Company agrees Trust and the Manager agree as a separate obligation and notwithstanding any such judgment, to indemnify such Underwriter or controlling person against such loss. If the United States dollars so purchased are greater than the sum originally due to such Underwriter or controlling person hereunder, such Underwriter or controlling person agrees to pay to the Company Trust or the Manager an amount equal to the excess of the dollars so purchased over the sum originally due to such Underwriter or controlling person hereunder.

Appears in 11 contracts

Samples: Underwriting Agreement (Sprott Physical Silver Trust), Underwriting Agreement (Sprott Physical Silver Trust), Underwriting Agreement (Sprott Physical Gold Trust)

Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder into any currency other than United States dollars, the parties hereto agree, to the fullest extent permitted by law, that the rate of exchange used shall be the rate at which in accordance with normal banking procedures the Underwriters could purchase United States dollars with such other currency in The City of New York on the business day preceding that on which final judgment is given. The obligation of each of the Company Sellers with respect to any sum due from it to any Underwriter or any person controlling any Underwriter shall, notwithstanding any judgment in a currency other than United States dollars, not be discharged until the first business day following receipt by such Underwriter or controlling person of any sum in such other currency, and only to the extent that such Underwriter or controlling person may in accordance with normal banking procedures purchase United States dollars with such other currency. If the United States dollars so purchased are less than the sum originally due to such Underwriter or controlling person hereunder, each of the Company Sellers agrees as a separate obligation and notwithstanding any such judgment, to indemnify such Underwriter or controlling person against such loss. If the United States dollars so purchased are greater than the sum originally due to such Underwriter or controlling person hereunder, such Underwriter or controlling person agrees to pay to the Company or such Selling Shareholder, as applicable, an amount equal to the excess of the dollars so purchased over the sum originally due to such Underwriter or controlling person hereunder.

Appears in 10 contracts

Samples: Underwriting Agreement (Vimicro International CORP), Underwriting Agreement (MakeMyTrip LTD), Underwriting Agreement (MakeMyTrip LTD)

Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder into any currency other than United States dollars, the parties hereto agree, to the fullest extent permitted by law, that the rate of exchange used shall be the rate at which in accordance with normal banking procedures the Underwriters Trustee could purchase United States dollars with such other currency in The City of New York on the business day Business Day preceding that on which final judgment is given. The obligation of the Company Company, STX and the Parent with respect to any sum due from it to any Underwriter or any person controlling any Underwriter the Trustee and the Holders shall, notwithstanding any judgment in a currency other than United States dollars, not be discharged until the first business day Business Day following receipt by such Underwriter the Trustee or controlling person the Holders of any sum in such other currency, and only to the extent that such Underwriter or controlling person the Trustee may in accordance with normal banking procedures purchase United States dollars with such other currency. If the United States dollars so purchased are less than the sum originally due to such Underwriter the Trustee or controlling person hereunderthe Holders, the Company agrees Company, STX and the Parent, jointly and severally, to the extent permitted by law, agree as a separate obligation and notwithstanding any such judgment, to indemnify the Trustee and such Underwriter or controlling person Holders against such loss. If the United States dollars so purchased are greater than the sum originally due to such Underwriter the Trustee or controlling person hereunderthe Holders, such Underwriter or controlling person the Trustee and the Holders hereby agrees to pay to the Company an amount equal to the excess of the dollars so purchased over the sum originally due to such Underwriter or controlling person hereunderperson.”

Appears in 10 contracts

Samples: Supplemental Indenture (Seagate Technology PLC), Supplemental Indenture (Seagate Technology PLC), Supplemental Indenture (Seagate Technology PLC)

Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder into any currency other than United States U.S. dollars, the parties hereto agree, to the fullest extent permitted by lawthat they may effectively do so, that the rate of exchange used shall be the rate at which in accordance with normal banking procedures the Underwriters could purchase United States U.S. dollars with such other currency in The City of New York on the business day preceding that on which final judgment is given. The obligation obligations of the Company with in respect to of any sum due from it them to any Underwriter or any person controlling any Underwriter shall, notwithstanding any judgment in a any currency other than United States U.S. dollars, not be discharged until the first business day day, following receipt by such Underwriter or controlling person of any sum adjudged to be so due in such other currency, on which (and only to the extent that that) such Underwriter or controlling person may in accordance with normal banking procedures purchase United States U.S. dollars with such other currency. If ; if the United States U.S. dollars so purchased are less than the sum originally due to such Underwriter or controlling person hereunder, the Company agrees agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Underwriter or controlling person against such loss. If the United States U.S. dollars so purchased are greater than the sum originally due to such Underwriter or controlling person hereunder, such Underwriter or controlling person agrees to pay to the Company an amount equal to the excess of the U.S. dollars so purchased over the sum originally due to such Underwriter or controlling person hereunder.

Appears in 9 contracts

Samples: Underwriting Agreement (Quotient LTD), Underwriting Agreement (Quotient LTD), Underwriting Agreement

Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder into any currency other than United States dollars, the parties hereto agree, to the fullest extent permitted by law, that the rate of exchange used shall be the noon buying rate at which in accordance with normal banking procedures New York City for cable transfers in foreign currencies as certified for customs purposes by the Underwriters could purchase United States dollars with such other currency in The City Federal Reserve Bank of New York on the business day preceding that on which final judgment is given. The obligation of the Company with respect to any sum due from it to any Underwriter or any person controlling any Underwriter shall, notwithstanding any judgment in a currency other than United States dollars, not be discharged until the first business day following receipt by such Underwriter or controlling person of any sum in such other currency, and only to the extent that such Underwriter or controlling person may in accordance with normal banking procedures purchase United States dollars with such other currency. If the United States dollars so purchased are less than the sum originally due to such Underwriter or controlling person hereunder, the Company agrees agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Underwriter or controlling person against such loss. If the United States dollars so purchased are greater than the sum originally due to such Underwriter or controlling person hereunder, such Underwriter or controlling person agrees to pay to the Company an amount equal to the excess of the dollars so purchased over the sum originally due to such Underwriter or controlling person hereunder.

Appears in 9 contracts

Samples: Underwriting Agreement (Sanofi), Underwriting Agreement (Sanofi), Underwriting Agreement (Sanofi)

Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder into any currency other than United States dollars, the parties hereto agree, to the fullest extent permitted by law, that the rate of exchange used shall be the rate at which in accordance with normal banking procedures the Underwriters could purchase United States dollars with such other currency in The City of New York on the business day preceding that on which final judgment is given. The obligation of the Company with respect to any sum due from it to any Underwriter or any person controlling any Underwriter shall, notwithstanding any judgment in a currency other than United States dollars, not be discharged until the first business day following receipt by such Underwriter or controlling person of any sum in such other currency, and only to the extent that such Underwriter or controlling person may in accordance with normal banking procedures purchase United States dollars with such other currency. If the United States dollars so purchased are less than the sum originally due to such Underwriter or controlling person hereunder, the Company agrees as a separate obligation and notwithstanding any such judgment, to indemnify such Underwriter or controlling person against such loss. If the United States dollars so purchased are greater than the sum originally due to such Underwriter or controlling person the Underwriters hereunder, such Underwriter or controlling person agrees the Underwriters agree to pay to the Company an amount equal to the excess of the dollars so purchased over the sum originally due to such Underwriter or controlling person hereunder.the Underwriters

Appears in 8 contracts

Samples: Underwriting Agreement (Nouveau Monde Graphite Inc.), Underwriting Agreement (Shopify Inc.), Underwriting Agreement (Shopify Inc.)

Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder into any currency other than United States dollars, the parties hereto agree, to the fullest extent permitted by law, that the rate of exchange used shall be the rate at which in accordance with normal banking procedures the Underwriters could purchase United States dollars with such other currency in The City State of New York Florida on the business day Business Day preceding that on which final judgment is given. The obligation of the Company pursuant to this Agreement with respect to any sum due from it to any Underwriter the Underwriters or any person controlling any Underwriter the Underwriters shall, notwithstanding any judgment in a currency other than United States dollars, not be discharged until the first business day Business Day following receipt by such Underwriter the Underwriters or controlling person of any sum in such other currency, and only to the extent that such Underwriter the Underwriters or controlling person may in accordance with normal banking procedures purchase United States dollars with such other currency. If the United States dollars so purchased are less than the sum originally due to such Underwriter the Underwriters or controlling person hereunder, the Company agrees as a separate obligation and notwithstanding any such judgment, to indemnify such Underwriter the Underwriters or controlling person against such loss. If the United States dollars so purchased are greater than the sum originally due to such Underwriter the Underwriters or controlling person hereunder, such Underwriter the Underwriters or controlling person agrees to pay to the Company an amount equal to the excess of the dollars so purchased over the sum originally due to such Underwriter the Underwriters or controlling person hereunder.

Appears in 8 contracts

Samples: Underwriting Agreement (J-Star Holding Co., Ltd.), Underwriting Agreement (J-Star Holding Co., Ltd.), Underwriting Agreement (Infobird Co., LTD)

Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder into any currency other than United States dollars, the parties hereto agree, to the fullest extent permitted by lawthat they may effectively do so, that the rate of exchange used shall be the rate at which in accordance with normal banking procedures the Underwriters relevant Agents could purchase United States dollars with such other currency in The City of New York on the business day preceding that on which final judgment is given. The obligation of the Company Bank with respect to any sum due from it to any Underwriter Agent or any person controlling any Underwriter Agent shall, notwithstanding any judgment in a currency other than United States dollars, not be discharged until the first business day following receipt by such Underwriter Agent or controlling person of any sum in such other currency, and only to the extent that such Underwriter Agent or controlling person may in accordance with normal banking procedures purchase United States dollars with such other currency. If the United States dollars so purchased are less than the sum originally due to such Underwriter Agent or controlling person hereunder, the Company Bank agrees as a separate obligation and notwithstanding any such judgment, to indemnify such Underwriter Agent or controlling person against such loss. If the United States dollars so purchased are greater than the sum originally due to such Underwriter Agent or controlling person hereunder, such Underwriter Agent or controlling person agrees to pay to the Company Bank an amount equal to the excess of the dollars so purchased over the sum originally due to such Underwriter Agent or controlling person hereunder.

Appears in 8 contracts

Samples: Distribution Agreement (Royal Bank of Canada), Distribution Agreement (Royal Bank of Canada), Distribution Agreement (Royal Bank of Canada)

Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder into any currency other than United States U.S. dollars, the parties hereto agree, to the fullest extent permitted by lawthat they may effectively do so, that the rate of exchange used shall be the rate at which in accordance with normal banking procedures the Underwriters could purchase United States U.S. dollars with such other currency in The City of New York on the business day preceding that on which final judgment is given. The obligation obligations of the Company with in respect to of any sum due from it to any Underwriter or any person controlling any Underwriter shall, notwithstanding any judgment in a any currency other than United States U.S. dollars, not be discharged until the first business day day, following receipt by such Underwriter or controlling person of any sum adjudged to be so due in such other currency, on which (and only to the extent that that) such Underwriter or controlling person may in accordance with normal banking procedures purchase United States U.S. dollars with such other currency. If ; if the United States U.S. dollars so purchased are less than the sum originally due to such Underwriter or controlling person hereunder, the Company agrees agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Underwriter or controlling person against such loss. If the United States U.S. dollars so purchased are greater than the sum originally due to such Underwriter or controlling person hereunder, such Underwriter or controlling person agrees to pay to the Company (but without duplication) an amount equal to the excess of the U.S. dollars so purchased over the sum originally due to such Underwriter or controlling person hereunder.

Appears in 7 contracts

Samples: Underwriting Agreement (LyondellBasell Industries N.V.), Underwriting Agreement (LyondellBasell Industries N.V.), Underwriting Agreement (LyondellBasell Industries N.V.)

Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder into any currency other than United States dollars, the parties hereto agree, to the fullest extent permitted by lawthat they may effectively do so, that the rate of exchange used shall be the rate at which in accordance with normal banking procedures the Underwriters relevant Agents could purchase United States dollars with such other currency in The City of New York on the business day preceding that on which final judgment is given. The obligation of the Company Bank with respect to any sum due from it to any Underwriter SCUSA or any person controlling any Underwriter SCUSA shall, notwithstanding any judgment in a currency other than United States dollars, not be discharged until the first business day following receipt by such Underwriter SCUSA or controlling person of any sum in such other currency, and only to the extent that such Underwriter SCUSA or controlling person may in accordance with normal banking procedures purchase United States dollars with such other currency. If the United States dollars so purchased are less than the sum originally due to such Underwriter SCUSA or controlling person hereunder, the Company Bank agrees as a separate obligation and notwithstanding any such judgment, to indemnify such Underwriter SCUSA or controlling person against such loss. If the United States dollars so purchased are greater than the sum originally due to such Underwriter SCUSA or controlling person hereunder, such Underwriter SCUSA or controlling person agrees to pay to the Company Bank an amount equal to the excess of the dollars so purchased over the sum originally due to such Underwriter SCUSA or controlling person hereunder.

Appears in 7 contracts

Samples: Distribution Agreement (Bank of Nova Scotia), Distribution Agreement (Bank of Nova Scotia), Distribution Agreement (Bank of Nova Scotia)

Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder into any currency other than United States dollars, the parties hereto agree, to the fullest extent permitted by lawthat they may effectively do so, that the rate of exchange used shall be the rate at which in accordance with normal banking procedures the Underwriters applicable Agents could purchase United States dollars with such other currency in The City of New York on the business day preceding that on which final judgment is given. The obligation of the Company Bank with respect to any sum due from it to any Underwriter Agent or any person controlling any Underwriter Agent shall, notwithstanding any judgment in a currency other than United States dollars, not be discharged until the first business day following receipt by such Underwriter Agent or controlling person of any sum in such other currency, and only to the extent that such Underwriter Agent or controlling person may in accordance with normal banking procedures purchase United States dollars with such other currency. If the United States dollars so purchased are less than the sum originally due to such Underwriter Agent or controlling person hereunder, the Company Bank agrees as a separate obligation and notwithstanding any such judgment, to indemnify such Underwriter Agent or controlling person against such loss. If the United States dollars so purchased are greater than the sum originally due to such Underwriter Agent or controlling person hereunder, such Underwriter Agent or controlling person agrees to pay to the Company Bank an amount equal to the excess of the dollars so purchased over the sum originally due to such Underwriter Agent or controlling person hereunder.

Appears in 7 contracts

Samples: Distribution Agreement (Toronto Dominion Bank), Distribution Agreement (Toronto Dominion Bank), Warrant Agreement (Toronto Dominion Bank)

Judgment Currency. If In respect of any judgment or order given or made for the purposes of obtaining judgment in any court it is necessary to convert a sum amount due hereunder into any that is expressed and paid in a currency other than United States dollars, the parties hereto agree, to the fullest extent permitted by lawthat they may effectively do so, that the rate of exchange used shall be the rate at which in accordance with normal banking procedures the Underwriters could purchase United States dollars with such other currency in The City of New York on the business day preceding that on which final judgment is given. The obligation of the Company with respect to any sum due from it to any Underwriter or any person controlling any Underwriter shall, notwithstanding any judgment in a currency other than United States dollars, not be discharged until the first business day following receipt by such Underwriter or controlling person of any sum in such other currency, and only to the extent that such Underwriter or controlling person may in accordance with normal banking procedures purchase United States dollars with such other currency. If the United States U.S. dollars so purchased are less than the sum originally due to such Underwriter or controlling person hereunder, the Company agrees and the Selling Shareholder agree, as a separate obligation and notwithstanding any such judgment, to indemnify such Underwriter or controlling person against such loss. If the United States U.S. dollars so purchased are greater than the sum originally due to such Underwriter or controlling person hereunder, such Underwriter or controlling person agrees to pay to the Company and the Selling Shareholder (but without duplication) an amount equal to the excess of the United States dollars so purchased over the sum originally due to such Underwriter hereunder. The foregoing indemnities shall constitute a separate and independent obligation of the Underwriters, on the one hand, and the Company and the Selling Shareholder, on the other hand, and shall continue in full force and effect notwithstanding any such judgment or controlling person hereunderorder as aforesaid.

Appears in 7 contracts

Samples: Underwriting Agreement (Venator Materials PLC), Underwriting Agreement (Venator Materials PLC), Underwriting Agreement (OM Asset Management PLC)

Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder into any currency other than United States dollars, the parties hereto agree, to the fullest extent permitted by law, that the rate of exchange used shall be the rate at which in accordance with normal banking procedures the Underwriters could purchase United States dollars with such other currency in The City of New York City on the business day preceding that on which final judgment is given. The obligation of the Company any Seller with respect to any sum due from it to any Underwriter or any person controlling any Underwriter shall, notwithstanding any judgment in a currency other than United States dollars, not be discharged until the first business day following receipt by such Underwriter or controlling person of any sum in such other currency, and only to the extent that such Underwriter or controlling person may in accordance with normal banking procedures purchase United States dollars with such other currency. If the United States dollars so purchased are less than the sum originally due to such Underwriter or controlling person hereunder, the Company such Seller agrees as a separate obligation and notwithstanding any such judgment, to indemnify such Underwriter or controlling person against such loss. If the United States dollars so purchased are greater than the sum originally due to such Underwriter or controlling person hereunder, such Underwriter or controlling person agrees to pay to the Company such Seller an amount equal to the excess of the dollars so purchased over the sum originally due to such Underwriter or controlling person hereunder.

Appears in 6 contracts

Samples: Underwriting Agreement (Sensata Technologies Holding N.V.), Underwriting Agreement (Sensata Technologies Holding N.V.), Underwriting Agreement (Sensata Technologies Holding N.V.)

Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder into any currency other than United States dollars, the parties hereto agree, to the fullest extent permitted by law, that the rate of exchange used shall be the rate at which in accordance with normal banking procedures the Underwriters Holder could purchase United States dollars with such other currency in The City of New York on the business day preceding that on which final judgment is given. The obligation of the Company with respect to any sum due from it to any Underwriter Holder or any person controlling any Underwriter Holder shall, notwithstanding any judgment in a currency other than United States dollars, not be discharged until the first business day following receipt by such Underwriter Holder or controlling person of any sum in such other currency, and only to the extent that such Underwriter Holder or controlling person may in accordance with normal banking procedures purchase United States dollars with such other currency. If the United States dollars so purchased are less than the sum originally due to such Underwriter Holder or controlling person hereunder, the Company agrees as a separate obligation and notwithstanding any such judgment, to indemnify such Underwriter Holder or controlling person against such loss. If the United States dollars so purchased are greater than the sum originally due to such Underwriter Holder or controlling person hereunder, such Underwriter Holder or controlling person agrees to pay to the Company an amount equal to the excess of the dollars so purchased over the sum originally due to such Underwriter Holder or controlling person hereunder.

Appears in 6 contracts

Samples: Registration Rights Agreement (Collabrium Japan Acquisition Corp), BGS Acquisition Corp., BGS Acquisition Corp.

Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder into any currency other than United States dollars, the parties hereto agree, to the fullest extent permitted by law, that the rate of exchange used shall be the rate at which in accordance with normal banking procedures the Underwriters could purchase United States dollars with such other currency in The City of New York on the business day preceding that on which final judgment is given. The obligation of the Company pursuant to this Agreement with respect to any sum due from it to any Underwriter or any person controlling any Underwriter shall, notwithstanding any judgment in a currency other than United States dollars, not be discharged until the first business day following receipt by such Underwriter or controlling person of any sum in such other currency, and only to the extent that such Underwriter or controlling person may in accordance with normal banking procedures purchase United States dollars with such other currency. If the United States dollars so purchased are less than the sum originally due to such Underwriter or controlling person hereunder, the Company agrees agree as a separate obligation and notwithstanding any such judgment, to indemnify such Underwriter or controlling person against such loss. If the United States dollars so purchased are greater than the sum originally due to such Underwriter or controlling person hereunder, such Underwriter or controlling person agrees to pay to the Company Company, an amount equal to the excess of the dollars so purchased over the sum originally due to such Underwriter or controlling person hereunder.

Appears in 6 contracts

Samples: Underwriting Agreement (uCloudlink Group Inc.), Underwriting Agreement (OneSmart International Education Group LTD), Underwriting Agreement (iClick Interactive Asia Group LTD)

Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder into any currency other than United States dollars, the parties hereto agree, to the fullest extent permitted by lawthat they may effectively do so, that the rate of exchange used shall be the rate at which in accordance with normal banking procedures the relevant Underwriters could purchase United States dollars with such other currency in The City of New York on the business day preceding that on which final judgment is given. The obligation of the Company Bank with respect to any sum due from it to any Underwriter or any person controlling any Underwriter shall, notwithstanding any judgment in a currency other than United States dollars, not be discharged until the first business day following receipt by such Underwriter or controlling person of any sum in such other currency, and only to the extent that such Underwriter or controlling person may in accordance with normal banking procedures purchase United States dollars with such other currency. If the United States dollars so purchased are less than the sum originally due to such Underwriter or controlling person hereunder, the Company Bank agrees as a separate obligation and notwithstanding any such judgment, to indemnify such Underwriter or controlling person against such loss. If the United States dollars so purchased are greater than the sum originally due to such Underwriter or controlling person hereunder, such Underwriter or controlling person agrees to pay to the Company Bank an amount equal to the excess of the dollars so purchased over the sum originally due to such Underwriter or controlling person hereunder.

Appears in 5 contracts

Samples: Notice Regarding Underwriting Agreement (Royal Bank of Canada), Underwriting Agreement (Royal Bank of Canada), Royal Bank of Canada Terms Agreement (Royal Bank of Canada \)

Judgment Currency. If If, for the purposes of obtaining judgment in any court court, it is necessary to convert a sum due hereunder into any currency other than United States dollars, the parties hereto agree, to the fullest extent permitted by law, that the rate of exchange used shall be the rate at which in accordance with normal banking procedures the Underwriters could purchase United States dollars with such other currency in The City of New York on the business day preceding that on which final judgment is given. The obligation of the Company with respect to any sum due from it to any Underwriter or any person controlling any Underwriter or any Affiliate of any Underwriter shall, notwithstanding any judgment in a currency other than United States dollars, not be discharged until the first business day following receipt by such Underwriter or controlling person or Affiliate of any sum in such other currency, and only to the extent that such Underwriter or controlling person or Affiliate may in accordance with normal banking procedures purchase United States dollars with such other currency. If the United States dollars so purchased are less than the sum originally due to such Underwriter or controlling person or Affiliate hereunder, the Company agrees as a separate obligation and notwithstanding any such judgment, to indemnify such Underwriter or controlling person or Affiliate against such loss. If the United States dollars so purchased are greater than the sum originally due to such Underwriter or controlling person or Affiliate hereunder, such Underwriter or controlling person or Affiliate agrees to pay to the Company an amount equal to the excess of the dollars so purchased over the sum originally due to such Underwriter or controlling person or Affiliate hereunder.

Appears in 5 contracts

Samples: Nomura Holdings Inc, Underwriting Agreement (Nomura Holdings Inc), Nomura Holdings Inc

Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder into any currency other than United States dollars, the parties hereto agree, to the fullest extent permitted by law, that the rate of exchange used shall be the rate at which in accordance with normal banking procedures the Underwriters could purchase United States dollars with such other currency in The City of New York on the business day preceding that on which final judgment is given. The obligation of the Company with respect to any sum due from it to any Underwriter or any person controlling any Underwriter shall, notwithstanding any judgment in a currency other than United States dollars, not be discharged until the first business day following receipt by such Underwriter or controlling person of such Underwriter of any sum in such other currency, and only to the extent that such Underwriter or controlling person of such Underwriter may in accordance with normal banking procedures purchase United States dollars with such other currency. If the United States dollars so purchased are less than the sum originally due to such Underwriter or controlling person of such Underwriter hereunder, the Company agrees agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Underwriter or controlling person of such Underwriter against such loss. If the United States dollars so purchased are greater than the sum originally due to such Underwriter or controlling person of such Underwriter hereunder, such Underwriter or controlling person of such Underwriter agrees to pay to the Company an amount equal to the excess of the dollars so purchased over the sum originally due to such Underwriter or controlling person of such Underwriter hereunder.

Appears in 5 contracts

Samples: Underwriting Agreement (Timken Co), Mastercard Inc, Underwriting Agreement (Southern Power Co)

Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder into any currency other than United States dollars, the parties hereto agree, to the fullest extent permitted by law, that the rate of exchange used shall be the rate at which in accordance with normal banking procedures the Underwriters could purchase United States dollars with such other currency in The City of New York on the business day preceding that on which final judgment is given. The obligation of the Company with respect to any sum due from it to any Underwriter or any person controlling any Underwriter shall, notwithstanding any judgment in a currency other than United States dollars, not be discharged until the first business day following receipt by such Underwriter or controlling person of any sum in such other currency, and only to the extent that such Underwriter or controlling person may in accordance with normal banking procedures purchase United States dollars with such other currency. If the United States dollars so purchased are less than the sum originally due to such Underwriter or controlling person hereunder, hereunder and the Company agrees agree as a separate obligation and notwithstanding any such judgment, to indemnify such Underwriter or controlling person against such loss. If the United States dollars so purchased are greater than the sum originally due to such Underwriter or controlling person hereunder, such Underwriter or controlling person agrees to pay to the Company an amount equal to the excess of the dollars so purchased over the sum originally due to such Underwriter or controlling person hereunder.

Appears in 5 contracts

Samples: Participation Agreement, Participation Agreement (Gran Tierra Energy Inc.), Management Services 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 into any currency other than United States dollars, the parties hereto agree, to the fullest extent permitted by law, that the rate of exchange used shall be the rate at which in accordance with normal banking procedures the Underwriters could purchase United States dollars with such other currency in The City of New York on the business day preceding that on which final judgment is given. The obligation of the Company each Seller with respect to any sum due from it to any Underwriter or any person controlling any Underwriter shall, notwithstanding any judgment in a currency other than United States dollars, not be discharged until the first business day following receipt by such Underwriter or controlling person of any sum in such other currency, and only to the extent that such Underwriter or controlling person may in accordance with normal banking procedures purchase United States dollars with such other currency. If the United States dollars so purchased are less than the sum originally due to such Underwriter or controlling person hereunder, the Company agrees Sellers agree as a separate obligation and notwithstanding any such judgment, to indemnify such Underwriter or controlling person against such loss. If the United States dollars so purchased are greater than the sum originally due to such Underwriter or controlling person hereunder, such Underwriter or controlling person agrees to pay to the Company Sellers an amount equal to the excess of the dollars so purchased over the sum originally due to such Underwriter or controlling person hereunder.

Appears in 5 contracts

Samples: Underwriting Agreement (Consonus Technologies, Inc.), Shares Underwriting Agreement (Consonus Technologies, Inc.), Underwriting Agreement (Consonus Technologies, Inc.)

Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder into any currency other than United States dollars, the parties hereto agree, to the fullest extent permitted by law, that the rate of exchange used shall be the rate at which in accordance with normal banking procedures the Underwriters could purchase United States dollars with such other currency in The City of New York on the business day preceding that on which final judgment is given. The obligation of the Company with respect to any sum due from it to any Underwriter or any person controlling any Underwriter shall, notwithstanding any judgment in a currency other than United States dollars, not be discharged until the first business day following receipt by such Underwriter or controlling person of such Underwriter of any sum in such other currency, and only to the extent that such Underwriter or controlling person of such Underwriter may in accordance with normal banking procedures purchase United States dollars with such other currency. If the United States dollars so purchased are less than the sum originally due to such Underwriter or controlling person of such Underwriter hereunder, the Company agrees agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Underwriter or controlling person of such Underwriter against such loss. If the United States dollars so purchased are greater than the sum originally due to such Underwriter or controlling person of such Underwriter hereunder, such Underwriter or controlling person of such Underwriter agrees to pay to the Company an amount equal to the excess of the dollars so purchased over the sum originally due to such Underwriter or controlling person of such Underwriter hereunder. Any amounts payable by the Company or any Underwriter under this Section 16 shall be paid to the applicable Underwriter(s) or the Company (as applicable) as promptly as reasonably practicable.

Appears in 5 contracts

Samples: Underwriting Agreement (Fedex Corp), Underwriting Agreement, Underwriting Agreement (Fedex Corp)

Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder into any currency other than United States dollars, the parties hereto agree, to the fullest extent permitted by law, that the rate of exchange used shall be the rate at which in accordance with normal banking procedures the Underwriters could purchase United States dollars with such other currency in The City of New York on the business day preceding that on which final judgment is given. The obligation of the Company or any Selling Shareholder with respect to any sum due from it to any Underwriter or any person controlling any Underwriter shall, notwithstanding any judgment in a currency other than United States dollars, not be discharged until the first business day following receipt by such Underwriter or controlling person of any sum in such other currency, and only to the extent that such Underwriter or controlling person may in accordance with normal banking procedures purchase United States dollars with such other currency. If the United States dollars so purchased are less than the sum originally due to such Underwriter or controlling person hereunder, the Company and each of the Selling Shareholders agrees as a separate obligation and notwithstanding any such judgment, to indemnify such Underwriter or controlling person against such loss. If the United States dollars so purchased are greater than the sum originally due to such Underwriter or controlling person hereunder, such Underwriter or controlling person agrees to pay to the Company Company, or the relevant Selling Shareholder(s), as applicable, an amount equal to the excess of the dollars so purchased over the sum originally due to such Underwriter or controlling person hereunder.

Appears in 5 contracts

Samples: Underwriting Agreement (Lightspeed POS Inc.), Underwriting Agreement (Docebo Inc.), Underwriting Agreement (Lightspeed POS Inc.)

Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder into any currency other than United States dollars, the parties hereto agree, to the fullest extent permitted by law, that the rate of exchange used shall be the rate at which in accordance with normal banking procedures the Underwriters could purchase United States dollars with such other currency in The City of New York on the business day preceding that on which final judgment is given. The obligation of the Company and the Guarantor with respect to any sum due from it either of them to any Underwriter or any person controlling any Underwriter shall, notwithstanding any judgment in a currency other than United States dollars, not be discharged until the first business day following receipt by such Underwriter or controlling person of such Underwriter of any sum in such other currency, and only to the extent that such Underwriter or controlling person of such Underwriter may in accordance with normal banking procedures purchase United States dollars with such other currency. If the United States dollars so purchased are less than the sum originally due to such Underwriter or controlling person of such Underwriter hereunder, the Company agrees and the Guarantor jointly and severally agree, as a separate obligation and notwithstanding any such judgment, to indemnify such Underwriter or controlling person of such Underwriter against such loss. If the United States dollars so purchased are greater than the sum originally due to such Underwriter or controlling person of such Underwriter hereunder, such Underwriter or controlling person of such Underwriter agrees to pay to the Company Guarantor an amount equal to the excess of the dollars so purchased over the sum originally due to such Underwriter or controlling person of such Underwriter hereunder.

Appears in 4 contracts

Samples: Underwriting Agreement (Tyco International LTD), Underwriting Agreement (Tyco International LTD), Underwriting Agreement (Tyco International LTD /Ber/)

Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder into any currency other than United States dollars, the parties hereto agree, to the fullest extent permitted by law, that the rate of exchange used shall be the rate at which in accordance with normal banking procedures the Underwriters Agents could purchase United States dollars with such other currency in The City of New York on the business day preceding that on which final judgment is given. The obligation of the Company Trust and the Manager with respect to any sum due from it to any Underwriter the Agents or any person controlling any Underwriter the Agents shall, notwithstanding any judgment in a currency other than United States dollars, not be discharged until the first business day following receipt by such Underwriter the Agents or controlling person of any sum in such other currency, and only to the extent that such Underwriter the Agents or controlling person may in accordance with normal banking procedures purchase United States dollars with such other currency. If the United States dollars so purchased are less than the sum originally due to such Underwriter the Agents or controlling person hereunder, the Company agrees Trust and the Manager agree as a separate obligation and notwithstanding any such judgment, to indemnify such Underwriter the Agents or controlling person against such loss. If the United States dollars so purchased are greater than the sum originally due to such Underwriter the Agents or controlling person hereunder, such Underwriter the Agents or controlling person agrees to pay to the Company Trust or the Manager an amount equal to the excess of the dollars so purchased over the sum originally due to such Underwriter the Agents or controlling person hereunder.

Appears in 4 contracts

Samples: Sales Agreement (Sprott Physical Gold & Silver Trust), Sales Agreement (Sprott Physical Platinum & Palladium Trust), Sales Agreement (Sprott Physical Silver Trust)

Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder into any currency other than United States U.S. dollars, the parties hereto agree, to the fullest extent permitted by lawthat they may effectively do so, that the rate of exchange used shall be the rate at which in accordance with normal banking procedures the Underwriters could purchase United States U.S. dollars with such other currency in The City of New York on the business day preceding that on which final judgment is given. The obligation obligations of each of the Company with and the Issuer in respect to of any sum due from it to any Underwriter or any person controlling any Underwriter shall, notwithstanding any judgment in a any currency other than United States U.S. dollars, not be discharged until the first business day day, following receipt by such Underwriter or controlling person of any sum adjudged to be so due in such other currency, on which (and only to the extent that that) such Underwriter or controlling person may in accordance with normal banking procedures purchase United States U.S. dollars with such other currency. If ; if the United States U.S. dollars so purchased are less than the sum originally due to such Underwriter or controlling person hereunder, each of the Company agrees and the Issuer agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Underwriter or controlling person against such loss. If the United States U.S. dollars so purchased are greater than the sum originally due to such Underwriter or controlling person hereunder, such Underwriter or controlling person agrees to pay to the Company or the Issuer, as the case may be (but without duplication), an amount equal to the excess of the U.S. dollars so purchased over the sum originally due to such Underwriter or controlling person hereunder.

Appears in 4 contracts

Samples: Underwriting Agreement (LyondellBasell Industries N.V.), Underwriting Agreement (LyondellBasell Industries N.V.), Underwriting Agreement (LyondellBasell Industries N.V.)

Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder into any currency other than United States dollars, the parties hereto agree, to the fullest extent permitted by law, that the rate of exchange used shall be the rate at which in accordance with normal banking procedures the Underwriters Agents could purchase United States dollars with such other currency in The City of New York on the business day preceding that on which final judgment is given. The obligation of the Company with respect to any sum due from it to any Underwriter Agent or any person controlling any Underwriter Agent shall, notwithstanding any judgment in a currency other than United States dollars, not be discharged until the first business day following receipt by such Underwriter Agent or controlling person of any sum in such other currency, and only to the extent that such Underwriter Agent or controlling person may in accordance with normal banking procedures purchase United States dollars with such other currency. If the United States dollars so purchased are less than the sum originally due to such Underwriter Agent or controlling person hereunder, the Company agrees as a separate obligation and notwithstanding any such judgment, to indemnify such Underwriter Agent or controlling person against such loss. If the United States dollars so purchased are greater than the sum originally due to such Underwriter Agent or controlling person hereunder, such Underwriter Agent or controlling person agrees to pay to the Company an amount equal to the excess of the dollars so purchased over the sum originally due to such Underwriter Agent or controlling person hereunder.

Appears in 4 contracts

Samples: Sales Agreement (Electrameccanica Vehicles Corp.), Sales Agreement (Electrameccanica Vehicles Corp.), Sales Agreement (Electrameccanica Vehicles Corp.)

Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder into any currency other than United States dollars, the parties hereto agree, to the fullest extent permitted by lawthat they may effectively do so, that the rate of exchange used shall be the rate at which in accordance with normal banking procedures the Underwriters relevant Dealers could purchase United States dollars with such other currency in The City of New York on the business day preceding that on which final judgment is given. The obligation of the Company Bank with respect to any sum due from it to any Underwriter Dealer or any person controlling any Underwriter Dealer shall, notwithstanding any judgment in a currency other than United States dollars, not be discharged until the first business day following receipt by such Underwriter Dealer or controlling person of any sum in such other currency, and only to the extent that such Underwriter Dealer or controlling person may in accordance with normal banking procedures purchase United States dollars with such other currency. If the United States dollars so purchased are less than the sum originally due to such Underwriter Dealer or controlling person hereunder, the Company Bank agrees as a separate obligation and notwithstanding any such judgment, to indemnify such Underwriter Dealer or controlling person against such loss. If the United States dollars so purchased are greater than the sum originally due to such Underwriter Dealer or controlling person hereunder, such Underwriter Dealer or controlling person agrees to pay to the Company Bank an amount equal to the excess of the dollars so purchased over the sum originally due to such Underwriter Dealer or controlling person hereunder.

Appears in 4 contracts

Samples: Underwriting Agreement, Underwriting Agreement (RBC Covered Bond Guarantor Limited Partnership), Underwriting Agreement (RBC Covered Bond Guarantor Limited Partnership)

Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder into any currency other than United States dollars, the parties hereto to this Agreement agree, to the fullest extent permitted by law, that the rate of exchange used shall be the rate at which in accordance with normal banking procedures the Underwriters purchasers could purchase United States dollars with such other currency in The City of New York City on the business day preceding that on which final judgment is given. The obligation of the Company and the Guarantors with respect to any sum due from it to any Underwriter or any controlling person controlling any of such Underwriter shall, notwithstanding any judgment in a currency other than United States dollars, not be discharged until the first business day following receipt by such Underwriter or controlling person of such Underwriter of any sum in such other currency, and only to the extent that such Underwriter or controlling person of such Underwriter may in accordance with normal banking procedures purchase United States dollars with such other currency. If the United States dollars so purchased are less than the sum originally due to such Underwriter or controlling person of such Underwriter hereunder, the Company agrees and the Guarantors, jointly and severally, agree, as a separate obligation and notwithstanding any such judgment, to indemnify such Underwriter or controlling person of such Underwriter against such loss. If the United States dollars so purchased are greater than the sum originally due to such Underwriter or controlling person of such Underwriter hereunder, such Underwriter or controlling person of such Underwriter agrees to pay to the Company or a Guarantor, as applicable, an amount equal to the excess of the dollars so purchased over the sum originally due to such Underwriter or controlling person of such Underwriter hereunder.

Appears in 4 contracts

Samples: Underwriting Agreement (Medtronic PLC), Underwriting Agreement (Medtronic PLC), Underwriting Agreement (Medtronic PLC)

Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder into any currency other than United States dollars, the parties hereto agree, to the fullest extent permitted by law, that the rate of exchange used shall be the rate at which in accordance with normal banking procedures the Underwriters Agent could purchase United States dollars with such other currency in The City of New York on the business day Business Day preceding that on which final judgment is given. The obligation of the Company with respect to any sum due from it to any Underwriter the Agent or any person controlling any Underwriter the Agent shall, notwithstanding any judgment in a currency other than United States dollars, not be discharged until the first business day (1st) Business Day following receipt by such Underwriter the Agent or any person controlling person the Agent of any sum in such other currency, and only to the extent that such Underwriter the Agent or controlling person may in accordance with normal banking procedures purchase United States dollars with such other currency. If the United States dollars so purchased are less than the sum originally due to such Underwriter the Agent or controlling person hereunder, the Company agrees as a separate obligation and notwithstanding any such judgment, to indemnify such Underwriter the Agent or controlling person against such loss. If the United States dollars so purchased are greater than the sum originally due to such Underwriter the Agent or controlling person hereunder, such Underwriter the Agent or controlling person agrees to pay to the Company an amount equal to the excess of the dollars so purchased over the sum originally due to such Underwriter the Agent or controlling person hereunder.

Appears in 4 contracts

Samples: Sales Agreement (Arcturus Therapeutics Ltd.), Sales Agreement (Galmed Pharmaceuticals Ltd.), Compugen LTD

Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder into any currency other than United States dollars, the parties hereto agree, to the fullest extent permitted by law, that the rate of exchange used shall be the rate at which in accordance with normal banking procedures the Underwriters could purchase United States dollars with such other currency in The the City of New York on the business day preceding that on which final judgment is given. The obligation of the Company with respect to any sum due from it to any Underwriter or any person controlling any Underwriter or any affiliate of any Underwriter shall, notwithstanding any judgment in a currency other than United States dollars, not be discharged until the first business day following receipt by such Underwriter or controlling person or affiliate of any sum in such other currency, and only to the extent that such Underwriter or controlling person or affiliate may in accordance with normal banking procedures purchase United States dollars with such other currency. If the United States dollars so purchased are less than the sum originally due to such Underwriter or controlling person or affiliate hereunder, the Company agrees agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Underwriter or controlling person or affiliate against such loss. If the United States dollars so purchased are greater than the sum originally due to such Underwriter or controlling person or affiliate hereunder, such Underwriter or controlling person or affiliate agrees to pay to the Company an amount equal to the excess of the United States dollars so purchased over the sum originally due to such Underwriter or controlling person or affiliate hereunder.

Appears in 4 contracts

Samples: Mitsubishi Ufj Financial Group Inc, Mitsubishi Ufj Financial Group Inc, Mitsubishi Ufj Financial Group Inc

Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder into any currency other than United States dollars, the parties hereto agree, to the fullest extent permitted by law, that the rate of exchange used shall be the rate at which in accordance with normal banking procedures the Underwriters could purchase United States dollars with such other currency in The City of New York on the business day preceding that on which final judgment is given. The obligation of the Company with respect to any sum due from it to any Underwriter the Underwriters or any person controlling any Underwriter the Underwriters shall, notwithstanding any judgment in a currency other than United States dollars, not be discharged until the first business day following receipt by such Underwriter the Underwriters or controlling person of any sum in such other currency, and only to the extent that such Underwriter the Underwriters or controlling person may in accordance with normal banking procedures purchase United States dollars with such other currency. If the United States dollars so purchased are less than the sum originally due to such Underwriter the Underwriters or controlling person hereunder, the Company agrees as a separate obligation and notwithstanding any such judgment, to indemnify such Underwriter the Underwriters or controlling person against such loss. If the United States dollars so purchased are greater than the sum originally due to such Underwriter the Underwriters or controlling person hereunder, such Underwriter the Underwriters or controlling person agrees to pay to the Company an amount equal to the excess of the dollars so purchased over the sum originally due to such Underwriter the Underwriters or controlling person hereunder.

Appears in 4 contracts

Samples: Renaissancere Holdings LTD, Renaissancere Holdings LTD, Renaissancere Holdings LTD

Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder into any currency other than United States dollars, the parties hereto agree, to the fullest extent permitted by law, that the rate of exchange used shall be the rate at which in accordance with normal banking procedures the Underwriters could purchase United States dollars with such other currency in The City of New York on the business day preceding that on which final judgment is given. The obligation of the Company with respect to any sum due from it to any Underwriter or any person controlling any Underwriter shall, notwithstanding any judgment in a currency other than United States dollars, not be discharged until the first business day following receipt by such Underwriter or controlling person of any sum in such other currency, and only to the extent that such Underwriter or controlling person may in accordance with normal banking procedures purchase United States dollars with such other currency. If the United States dollars so purchased are less than the sum originally due to such Underwriter or controlling person hereunder, the Company agrees as a separate obligation and notwithstanding any such judgment, to indemnify such Underwriter or controlling person against such loss. If the United States dollars so purchased are greater than the sum originally due to such Underwriter or controlling person hereunder, such Underwriter or controlling person agrees to pay to the Company Company, as applicable, an amount equal to the excess of the dollars so purchased over the sum originally due to such Underwriter or controlling person hereunder.

Appears in 4 contracts

Samples: Underwriting Agreement (Kura Sushi Usa, Inc.), Underwriting Agreement (Kura Sushi Usa, Inc.), Underwriting Agreement (Viomi Technology Co., LTD)

Judgment Currency. If for the purposes of obtaining judgment in any court court, it is necessary to convert a sum due hereunder into any currency other than United States dollars, the parties hereto agree, to the fullest extent permitted by law, that the rate of exchange used shall be the rate at which in accordance with normal banking procedures the Underwriters Underwriter could purchase United States dollars with such other currency in The City of New York on the business day preceding that on which final judgment is given. The obligation of the Company with respect to any sum due from it to any the Underwriter or any person controlling any the Underwriter shall, notwithstanding any judgment in a currency other than United States dollars, not be discharged until the first business day following receipt by such Underwriter or controlling person of any sum in such other currency, and only to the extent that such Underwriter or controlling person may in accordance with normal banking procedures purchase United States dollars with such other currency. If the United States dollars so purchased are less than the sum originally due to such Underwriter or controlling person hereunder, the Company agrees as a separate obligation and notwithstanding any such judgment, to indemnify such Underwriter or controlling person against such loss. If the United States dollars so purchased are greater than the sum originally due to such Underwriter or controlling person hereunder, such Underwriter or controlling person agrees to pay to the Company an amount equal to the excess of the dollars so purchased over the sum originally due to such Underwriter or controlling person hereunder.

Appears in 4 contracts

Samples: Deposit Agreement (Medirom Healthcare Technologies Inc.), Underwriting Agreement (Medirom Healthcare Technologies Inc.), Underwriting Agreement (Medirom Healthcare Technologies Inc.)

Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder into any currency other than United States dollars, the parties hereto agree, to the fullest extent permitted by law, that the rate of exchange used shall be the rate at which in accordance with normal banking procedures the Underwriters Trustee could purchase United States dollars with such other currency in The City of New York on the business day Business Day preceding that on which final judgment is given. The obligation of the Company Issuer and the Guarantor with respect to any sum due from it to any Underwriter or any person controlling any Underwriter the Trustee and the Holders shall, notwithstanding any judgment in a currency other than United States dollars, not be discharged until the first business day Business Day following receipt by such Underwriter the Trustee or controlling person the Holders of any sum in such other currency, and only to the extent that such Underwriter or controlling person the Trustee may in accordance with normal banking procedures purchase United States dollars with such other currency. If the United States dollars so purchased are less than the sum originally due to such Underwriter the Trustee or controlling person hereunderthe Holders, the Company agrees Issuer and the Guarantor, jointly and severally, to the extent permitted by law, agree as a separate obligation and notwithstanding any such judgment, to indemnify the Trustee and such Underwriter or controlling person Holders against such loss. If the United States dollars so purchased are greater than the sum originally due to such Underwriter the Trustee or controlling person hereunderthe Holders, such Underwriter or controlling person the Trustee and the Holders hereby agrees to pay to the Company Issuer and/or the Guarantor, as applicable, an amount equal to the excess of the dollars so purchased over the sum originally due to such Underwriter or controlling person hereunderperson.

Appears in 4 contracts

Samples: Indenture (Jazz Pharmaceuticals PLC), Indenture (Jazz Pharmaceuticals PLC), Indenture (Jazz Pharmaceuticals PLC)

Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder into any currency other than United States dollars, the parties hereto agree, to the fullest extent permitted by law, that the rate of exchange used shall be the rate at which in accordance with normal banking procedures the Underwriters Agent could purchase United States dollars with such other currency in The City of New York on the business day preceding that on which final judgment is given. The obligation of the Company Trust and the Manager with respect to any sum due from it to any Underwriter the Agent or any person controlling any Underwriter the Agent shall, notwithstanding any judgment in a currency other than United States dollars, not be discharged until the first business day following receipt by such Underwriter the Agent or controlling person of any sum in such other currency, and only to the extent that such Underwriter the Agent or controlling person may in accordance with normal banking procedures purchase United States dollars with such other currency. If the United States dollars so purchased are less than the sum originally due to such Underwriter the Agent or controlling person hereunder, the Company agrees Trust and the Manager agree as a separate obligation and notwithstanding any such judgment, to indemnify such Underwriter the Agent or controlling person against such loss. If the United States dollars so purchased are greater than the sum originally due to such Underwriter the Agent or controlling person hereunder, such Underwriter the Agent or controlling person agrees to pay to the Company Trust or the Manager an amount equal to the excess of the dollars so purchased over the sum originally due to such Underwriter the Agent or controlling person hereunder.

Appears in 4 contracts

Samples: Sales Agreement (Sprott Physical Gold & Silver Trust), Sales Agreement (Sprott Physical Silver Trust), Sales Agreement (Sprott Physical Platinum & Palladium Trust)

Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder into any currency other than United States dollars, the parties hereto agree, to the fullest extent permitted by law, that the rate of exchange used shall be the rate at which in accordance with normal banking procedures the Underwriters Holders could purchase United States dollars with such other currency in The City of New York on the business day preceding that on which final judgment is given. The obligation of the Company and the Parent with respect to any sum due from it to any Underwriter Holder or any person controlling any Underwriter Holder shall, notwithstanding any judgment in a currency other than United States dollars, not be discharged until the first business day following receipt by such Underwriter Holder or controlling person of any sum in such other currency, and only to the extent that such Underwriter Holder or controlling person may in accordance with normal banking procedures purchase United States dollars with such other currency. If the United States dollars so purchased are less than the sum originally due to such Underwriter Holder or controlling person hereunder, the Company agrees and the Parent, jointly and severally, agree as a separate obligation and notwithstanding any such judgment, to indemnify such Underwriter Holder or controlling person against such loss. If the United States dollars so purchased are greater than the sum originally due to such Underwriter Holder or controlling person hereunder, such Underwriter Holder or controlling person agrees to pay to the Company and Parent an amount equal to the excess of the dollars so purchased over the sum originally due to such Underwriter Holder or controlling person hereunder.

Appears in 4 contracts

Samples: Registration Rights Agreement (Seagate Technology PLC), Registration Rights Agreement (Seagate Technology PLC), Registration Rights Agreement (Seagate Technology PLC)

Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder into any currency other than United States U.S. dollars, the parties hereto agree, to the fullest extent permitted by lawthat they may effectively do so, that the rate of exchange used shall be the rate at which in accordance with normal banking procedures the Underwriters could purchase United States U.S. dollars with such other currency in The City of New York on the business day preceding that on which final judgment is given. The obligation obligations of the Company with or its subsidiaries in respect to of any sum due from it them to any Underwriter or any person controlling any Underwriter shall, notwithstanding any judgment in a any currency other than United States U.S. dollars, not be discharged until the first business day day, following receipt by such Underwriter or controlling person of any sum adjudged to be so due in such other currency, on which (and only to the extent that that) such Underwriter or controlling person may in accordance with normal banking procedures purchase United States U.S. dollars with such other currency. If ; if the United States U.S. dollars so purchased are less than the sum originally due to such Underwriter or controlling person hereunder, the Company agrees and each of its subsidiaries agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Underwriter or controlling person against such loss. If the United States U.S. dollars so purchased are greater than the sum originally due to such Underwriter or controlling person hereunder, such Underwriter or controlling person agrees to pay to the Company and its subsidiaries (but without duplication) an amount equal to the excess of the U.S. dollars so purchased over the sum originally due to such Underwriter or controlling person hereunder.

Appears in 3 contracts

Samples: Letter Agreement (Oxford Immunotec Global PLC), Underwriting Agreement (Oxford Immunotec Global PLC), Oxford Immunotec Global PLC

Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder into any currency other than United States dollars, the parties hereto agree, to the fullest extent permitted by law, that the rate of exchange used shall be the rate at which in accordance with normal banking procedures the Underwriters Placement Agent could purchase United States dollars with such other currency in The City of New York on the business day Business Day preceding that on which final judgment is given. The obligation of the Company with respect to any sum due from it to any Underwriter the Placement Agent or any person controlling any Underwriter the Placement Agent shall, notwithstanding any judgment in a currency other than United States dollars, not be discharged until the first business day Business Day following receipt by such Underwriter the Placement Agent or any person controlling person the Placement Agent of any sum in such other currency, and only to the extent that such Underwriter the Placement Agent or controlling person may in accordance with normal banking procedures purchase United States dollars with such other currency. If the United States dollars so purchased are less than the sum originally due to such Underwriter the Placement Agent or controlling person hereunder, the Company agrees as a separate obligation and notwithstanding any such judgment, to indemnify such Underwriter the Placement Agent or controlling person against such loss. If the United States dollars so purchased are greater than the sum originally due to such Underwriter the Placement Agent or controlling person hereunder, such Underwriter the Placement Agent or controlling person agrees to pay to the Company an amount equal to the excess of the dollars so purchased over the sum originally due to such Underwriter the Placement Agent or controlling person hereunder.

Appears in 3 contracts

Samples: Equity Distribution Agreement (Vascular Biogenics Ltd.), Equity Distribution Agreement (Vascular Biogenics Ltd.), Equity Distribution Agreement (Strongbridge Biopharma PLC)

Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder into any currency other than United States dollars, the parties hereto agree, to the fullest extent permitted by law, that the rate of exchange used shall be the rate at which in accordance with normal banking procedures the Underwriters could purchase United States dollars with such other currency in The City of New York on the business day preceding that on which final judgment is given. The obligation obligations of the Company or any Selling Shareholder pursuant to this Agreement with respect to any sum due from it to any Underwriter or any person controlling any Underwriter shall, notwithstanding any judgment in a currency other than United States dollars, not be discharged until the first business day following receipt by such Underwriter or controlling person of any sum in such other currency, and only to the extent that such Underwriter or controlling person may in accordance with normal banking procedures purchase United States dollars with such other currency. If the United States dollars so purchased are less than the sum originally due to such Underwriter or controlling person hereunder, the Company agrees and such Selling Shareholder agree as a separate obligation and notwithstanding any such judgment, to indemnify such Underwriter or controlling person against such loss. If the United States dollars so purchased are greater than the sum originally due to such Underwriter or controlling person hereunder, such Underwriter or controlling person agrees to pay to the Company or such Selling Shareholder, an amount equal to the excess of the dollars so purchased over the sum originally due to such Underwriter or controlling person hereunder.

Appears in 3 contracts

Samples: Underwriting Agreement (DouYu International Holdings LTD), Underwriting Agreement (China Online Education Group), Underwriting Agreement (Bilibili Inc.)

Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder into any currency other than United States dollarsthe Agreement Currency, the parties hereto agree, to the fullest extent permitted by lawthat they may effectively do so, that the rate of exchange used shall be the rate at which in accordance with normal banking procedures the Underwriters could purchase United States dollars the Agreement Currency with such other currency in The City of New York City on the business day preceding that on which final judgment is given. The obligation obligations of the Company with Companies in respect to of any sum due from it them to any Underwriter or any person controlling any Underwriter the Underwriters shall, notwithstanding any judgment in a any currency other than United States dollarsthe Agreement Currency, not be discharged until the first business day Business Day, following receipt by such Underwriter or controlling person the Underwriters of any sum adjudged to be so due in such other currency, on which (and only to the extent that such Underwriter or controlling person that) the Underwriters may in accordance with normal banking procedures purchase United States dollars the Agreement Currency with such other currency. If ; if the United States dollars amount of the Agreement Currency so purchased are is less than the sum originally due to such Underwriter or controlling person the Underwriters hereunder, the each Company agrees (on joint and several basis), as a separate obligation and notwithstanding any such judgment, to indemnify such Underwriter or controlling person the Underwriters against such loss. If the United States dollars amount of the Agreement Currency so purchased are is greater than the sum originally due to such Underwriter or controlling person the Underwriters hereunder, such Underwriter or controlling person each of the Underwriters severally and not jointly agrees to pay to the Company Companies (but without duplication) an amount equal to the excess of the dollars amount of the Agreement Currency so purchased over the sum originally due to any such Underwriter or controlling person hereunder.

Appears in 3 contracts

Samples: Omnicom Group Inc., Omnicom Group Inc., Omnicom Group Inc.

Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder into any currency other than United States dollars, the parties hereto agree, to the fullest extent permitted by law, that the rate of exchange used shall be the rate at which in accordance with normal banking procedures the Underwriters could purchase United States dollars with such other currency in The City of New York on the business day preceding that on which final judgment is given. The obligation of the Company each Seller with respect to any sum due from it to any Underwriter or any person controlling any Underwriter shall, notwithstanding any judgment in a currency other than United States dollars, not be discharged until the first business day following receipt by such Underwriter or controlling person of any sum in such other currency, and only to the extent that such Underwriter or controlling person may in accordance with normal banking procedures purchase United States dollars with such other currency. If the United States dollars so purchased are less than the sum originally due to such Underwriter or controlling person hereunder, the Company such Seller agrees as a separate obligation and notwithstanding any such judgment, to indemnify such Underwriter or controlling person against such loss. If the United States dollars so purchased are greater than the sum originally due to such Underwriter or controlling person hereunder, such Underwriter or controlling person agrees to pay to the Company such Seller an amount equal to the excess of the dollars so purchased over the sum originally due to such Underwriter or controlling person hereunder.

Appears in 3 contracts

Samples: Underwriting Agreement (WNS (Holdings) LTD), Underwriting Agreement (Genpact LTD), Investment Agreement (WNS (Holdings) LTD)

Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder into any currency other than United States dollars, the parties hereto agree, to the fullest extent permitted by law, that the rate of exchange used shall be the rate at which in accordance with normal banking procedures the Underwriters Agents could purchase United States dollars with such other currency in The City of New York on the business day Business Day preceding that on which final judgment is given. The obligation of the Company with respect to any sum due from it to any Underwriter the Agents or any person controlling any Underwriter the Agents shall, notwithstanding any judgment in a currency other than United States dollars, not be discharged until the first business day Business Day following receipt by such Underwriter the Agents or any person controlling person the Agents of any sum in such other currency, and only to the extent that such Underwriter the Agents or controlling person may in accordance with normal banking procedures purchase United States dollars with such other currency. If the United States dollars so purchased are less than the sum originally due to such Underwriter the Agents or controlling person hereunder, the Company agrees as a separate obligation and notwithstanding any such judgment, to indemnify such Underwriter the Agents or controlling person against such loss. If the United States dollars so purchased are greater than the sum originally due to such Underwriter the Agents or controlling person hereunder, such Underwriter the Agents or controlling person agrees to pay to the Company an amount equal to the excess of the dollars so purchased over the sum originally due to such Underwriter the Agents or controlling person hereunder.

Appears in 3 contracts

Samples: Seabridge Gold Inc, Seabridge Gold Inc, Seabridge Gold Inc

Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder into any currency other than United States dollars, the parties hereto agree, to the fullest extent permitted by law, that the rate of exchange used shall be the rate at which in accordance with normal banking procedures the Underwriters Trustee could purchase United States dollars with such other currency in The City of New York on the business day Business Day preceding that on which final judgment is given. The obligation of the Company and Avadel with respect to any sum due from it to any Underwriter or any person controlling any Underwriter the Trustee and the Holders shall, notwithstanding any judgment in a currency other than United States dollars, not be discharged until the first business day Business Day following receipt by such Underwriter the Trustee or controlling person the Holders of any sum in such other currency, and only to the extent that such Underwriter or controlling person the Trustee may in accordance with normal banking procedures purchase United States dollars with such other currency. If the United States dollars so purchased are less than the sum originally due to such Underwriter the Trustee or controlling person hereunderthe Holders, the Company agrees and Avadel, jointly and severally, to the extent permitted by law, agree as a separate obligation and notwithstanding any such judgment, to indemnify the Trustee and such Underwriter or controlling person Holders against such loss. If the United States dollars so purchased are greater than the sum originally due to such Underwriter the Trustee or controlling person hereunderthe Holders, such Underwriter or controlling person the Trustee and the Holders hereby agrees to pay to the Company and/or Avadel, as applicable, an amount equal to the excess of the dollars so purchased over the sum originally due to such Underwriter or controlling person hereunderPerson.

Appears in 3 contracts

Samples: Indenture (Avadel Pharmaceuticals PLC), Indenture (Avadel Pharmaceuticals PLC), Indenture (Avadel Pharmaceuticals PLC)

Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder into any currency other than United States U.S. dollars, the parties hereto agree, to the fullest extent permitted by law, that the rate of exchange used shall be the rate at which in accordance with normal banking procedures the Underwriters a Holder could purchase United States U.S. dollars with such other currency in The the City of New York on the business day preceding that on which final judgment is given. The obligation of the Company Guarantor with respect to any sum due from it to any Underwriter or any person controlling any Underwriter Holder shall, notwithstanding any judgment in a currency other than United States U.S. dollars, not be discharged until only if and to the extent that on the first business day following receipt by such Underwriter or controlling person Holder of any sum adjudged to be so due in such other currency, and only to the extent that such Underwriter or controlling person Holder may in accordance with normal banking procedures purchase United States U.S. dollars with such other currency. If the United States U.S. dollars so purchased are less than the sum originally due to such Underwriter or controlling person Holder hereunder, the Company agrees Guarantor agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Underwriter or controlling person Holder against such loss. If the United States U.S. dollars so purchased are greater than the sum originally due to such Underwriter or controlling person Holder hereunder, such Underwriter or controlling person Holder agrees to pay to the Company Guarantor an amount equal to the excess of the U.S. dollars so purchased over the sum originally due to such Underwriter or controlling person Holder hereunder.

Appears in 3 contracts

Samples: Registration Rights Agreement (Bunge LTD), Bunge LTD, Bunge LTD

Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder into any currency other than United States dollars, the parties hereto agree, to the fullest extent permitted by law, that the rate of exchange used shall be the rate at which in accordance with normal banking procedures the Underwriters could purchase United States dollars with such other currency in The City of New York on the business day preceding that on which final judgment is given. The obligation of the Company with respect to any sum due from it to any Underwriter the Underwriters or any person controlling any Underwriter the Underwriters shall, notwithstanding any judgment in a currency other than United States dollars, not be discharged until the first business day following receipt by such Underwriter the Underwriters or controlling person of any sum in such other currency, and only to the extent that such Underwriter the Underwriters or controlling person may in accordance with normal banking procedures purchase United States dollars with such other currency. If the United States dollars so purchased are less than the sum originally due to such Underwriter the Underwriters or controlling person hereunder, the Company agrees as a separate obligation and notwithstanding any such judgment, to indemnify such Underwriter or controlling person against such loss. If the United States dollars so purchased are greater than the sum originally due to such Underwriter or controlling person hereunder, such Underwriter or controlling person agrees to pay to the Company an amount equal to the excess of the dollars so purchased over the sum originally due to such Underwriter or controlling person hereunder.

Appears in 3 contracts

Samples: Underwriting Agreement (Reebonz Holding LTD), Underwriting Agreement (Reebonz Holding LTD), Underwriting Agreement (Reebonz Holding LTD)

Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder into any currency other than United States dollars, the parties hereto agree, to the fullest extent permitted by law, that the rate of exchange used shall be the rate at which in accordance with normal banking procedures the Underwriters Agents could purchase United States dollars with such other currency in The City of New York on the business day Business Day preceding that on which final judgment is given. The obligation of the Company with respect to any sum due from it to any Underwriter the Agents or any person controlling any Underwriter the Agents shall, notwithstanding any judgment in a currency other than United States dollars, not be discharged until the first business day Business Day following receipt by such Underwriter the Agents or any person controlling person the Agents of any sum in such other currency, and only to the extent that such Underwriter the Agents or controlling person may in accordance with normal banking procedures purchase United States dollars with such other currency. If the United States dollars so purchased are less than the sum originally due to such Underwriter the Agents or controlling person hereunder, the Company agrees as a separate obligation and notwithstanding any such judgment, to indemnify such Underwriter the Agents or controlling person against such loss. If the United States dollars so purchased are greater than the sum originally due to such Underwriter the Agents or controlling person hereunder, such Underwriter the Agents or controlling person agrees to pay to the Company an amount equal to the excess of the dollars so purchased over the sum originally due to such Underwriter the Agents or controlling person hereunder.

Appears in 3 contracts

Samples: Sales Agreement (Energy Fuels Inc), Sales Agreement (Energy Fuels Inc), Sales Agreement (Energy Fuels Inc)

Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder into any currency other than United States dollars, the parties hereto agree, to the fullest extent permitted by law, that the rate of exchange used shall be the rate at which in accordance with normal banking procedures the Underwriters Underwriter could purchase United States dollars with such other currency in The City of New York on the business day preceding that on which final judgment is given. The obligation of the Company or any Non-U.S. Selling Shareholder with respect to any sum due from it to any the Underwriter or any person controlling any the Underwriter shall, notwithstanding any judgment in a currency other than United States dollars, not be discharged until the first business day following receipt by such Underwriter or controlling person of any sum in such other currency, and only to the extent that such Underwriter or controlling person may in accordance with normal banking procedures purchase United States dollars with such other currency. If the United States dollars so purchased are less than the sum originally due to such Underwriter or controlling person hereunder, the Company and each of the Non-U.S. Selling Shareholders agrees as a separate obligation and notwithstanding any such judgment, to indemnify such Underwriter or controlling person against such loss. If the United States dollars so purchased are greater than the sum originally due to such Underwriter or controlling person hereunder, such Underwriter or controlling person agrees to pay to the Company or the relevant Non-U.S. Selling Shareholder(s), as applicable, an amount equal to the excess of the dollars so purchased over the sum originally due to such Underwriter or controlling person hereunder.

Appears in 3 contracts

Samples: Travelport Worldwide LTD, Travelport Worldwide LTD, Travelport Worldwide LTD

Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder into any currency other than United States dollars, the parties hereto agree, to the fullest extent permitted by law, that the rate of exchange used shall be the rate at which in accordance with normal banking procedures the Underwriters could purchase United States dollars with such other currency in The City of New York on the business day preceding that on which final judgment is given. The obligation of the Company or any Selling Stockholder with respect to any sum due from it to any Underwriter or any person controlling any Underwriter shall, notwithstanding any judgment in a currency other than United States dollars, not be discharged until the first business day following receipt by such Underwriter or controlling person of any sum in such other currency, and only to the extent that such Underwriter or controlling person may in accordance with normal banking procedures purchase United States dollars with such other currency. If the United States dollars so purchased are less than the sum originally due to such Underwriter or controlling person hereunder, the Company and each of the Selling Stockholders agrees as a separate obligation and notwithstanding any such judgment, to indemnify such Underwriter or controlling person against such loss. If the United States dollars so purchased are greater than the sum originally due to such Underwriter or controlling person hereunder, such Underwriter or controlling person agrees to pay to the Company or the relevant Selling Stockholder(s), as applicable, an amount equal to the excess of the dollars so purchased over the sum originally due to such Underwriter or controlling person hereunder.

Appears in 3 contracts

Samples: Underwriting Agreement (Inspired Entertainment, Inc.), Underwriting Agreement (Uber Technologies, Inc), Airbnb, Inc.

Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder into any currency other than United States dollars, the parties hereto agree, to the fullest extent permitted by law, that the rate of exchange used shall be the rate at which in accordance with normal banking procedures the Underwriters Underwriter could purchase United States dollars with such other currency in The City of New York on the business day preceding that on which final judgment is given. The obligation of the Company with respect to any sum due from it to any the Underwriter or any person controlling any the Underwriter shall, notwithstanding any judgment in a currency other than United States dollars, not be discharged until the first business day following receipt by such Underwriter or controlling person of any sum in such other currency, and only to the extent that such Underwriter or controlling person may in accordance with normal banking procedures purchase United States dollars with such other currency. If the United States dollars so purchased are less than the sum originally due to such Underwriter or controlling person hereunder, the Company agrees as a separate obligation and notwithstanding any such judgment, to indemnify such Underwriter or controlling person against such loss. If the United States dollars so purchased are greater than the sum originally due to such Underwriter or controlling person hereunder, such Underwriter or controlling person agrees to pay to the Company an amount equal to the excess of the dollars so purchased over the sum originally due to such Underwriter or controlling person hereunder.

Appears in 2 contracts

Samples: Underwriting Agreement (Benitec Biopharma LTD/ADR), Underwriting Agreement (Benitec Biopharma LTD/ADR)

Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder into any currency other than United States dollars, the parties hereto agree, to the fullest extent permitted by law, that the rate of exchange used shall be the rate at which in accordance with normal banking procedures the Underwriters Agents could purchase United States dollars with such other currency in The City of New York on the business day Business Day preceding that on which final judgment is given. The obligation of the Company with respect to any sum due from it to any Underwriter an Agent or any person controlling any Underwriter such Agent shall, notwithstanding any judgment in a currency other than United States dollars, not be discharged until the first business day Business Day following receipt by an Agent or any person controlling such Underwriter or controlling person Agent of any sum in such other currency, and only to the extent that such Underwriter Agent or controlling person may in accordance with normal banking procedures purchase United States dollars with such other currency. If the United States dollars so purchased are less than the sum originally due to such Underwriter an Agent or controlling person hereunder, the Company agrees as a separate obligation and notwithstanding any such judgment, to indemnify such Underwriter Agent or controlling person against such loss. If the United States dollars so purchased are greater than the sum originally due to such Underwriter an Agent or controlling person hereunder, such Underwriter Agent or controlling person agrees to pay to the Company an amount equal to the excess of the dollars so purchased over the sum originally due to such Underwriter Agent or controlling person hereunder.

Appears in 2 contracts

Samples: Sales Agreement (Avino Silver & Gold Mines LTD), Sales Agreement (Avino Silver & Gold Mines LTD)

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Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder into any currency other than United States dollars, the parties hereto agree, to the fullest extent permitted by law, that the rate of exchange used shall be the rate at which in accordance with normal banking procedures the Underwriters could purchase United States dollars with such other currency in The City of New York on the business day preceding that on which final judgment is given. The obligation of the Company with respect to any sum due from it to any Underwriter the Underwriters or any person affiliated with or controlling any Underwriter the Underwriters shall, notwithstanding any judgment in a currency other than United States dollars, not be discharged until the first business day following receipt by the Underwriters or such Underwriter affiliated or controlling person of any sum in such other currency, and only to the extent that such Underwriter the Underwriters or controlling person may in accordance with normal banking procedures purchase United States dollars with such other currency. If the United States dollars so purchased are less than the sum originally due to the Underwriters or such Underwriter affiliated or controlling person hereunder, the Company agrees as a separate obligation and notwithstanding any such judgment, to indemnify such Underwriter or such affiliated or controlling person against such loss. If the United States dollars so purchased are greater than the sum originally due to such Underwriter or such affiliated or controlling person hereunder, such Underwriter or such affiliated or controlling person agrees to pay to the Company an amount equal to the excess of the dollars so purchased over the sum originally due to such Underwriter or such affiliated or controlling person hereunder.

Appears in 2 contracts

Samples: Underwriting Agreement (Verdant Earth Technologies LTD), Underwriting Agreement (Verdant Earth Technologies LTD)

Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder into any currency other than United States U.S. dollars, the parties hereto agree, to the fullest extent permitted by lawthat they may effectively do so, that the rate of exchange used shall be the rate at which in accordance with normal banking procedures the Underwriters could purchase United States U.S. dollars with such other currency in The City of New York on the business day preceding that on which final judgment is given. The obligation obligations of the Company with in respect to of any sum due from it to any Underwriter or any person controlling any Underwriter shall, notwithstanding any judgment in a any currency other than United States U.S. dollars, not be discharged until the first business day following receipt by such Underwriter or controlling person of any sum adjudged to be so due in such other currency, currency on which (and only to the extent that that) such Underwriter or controlling person may in accordance with normal banking procedures purchase United States U.S. dollars with such other currency. If ; if the United States U.S. dollars so purchased are less than the sum originally due to such Underwriter or controlling person hereunder, the Company agrees agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Underwriter or controlling person against such loss. If the United States U.S. dollars so purchased are greater than the sum originally due to such Underwriter or controlling person hereunder, such Underwriter or controlling person agrees to pay to the Company an amount equal to the excess of the U.S. dollars so purchased over the sum originally due to such Underwriter or controlling person hereunder.

Appears in 2 contracts

Samples: Common Shares (Gold Standard Ventures Corp.), Underwriting Agreement (Seabridge Gold Inc)

Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder into any currency other than United States dollars, the parties hereto agree, to the fullest extent permitted by law, that the rate of exchange used shall be the rate at which in accordance with normal banking procedures the Underwriters Holder could purchase United States dollars with such other currency in The City of New York on the business day Business Day preceding that on which final judgment is given. The obligation of the Company with respect to any sum due from it to any Underwriter the Holder or any person affiliated with or controlling any Underwriter the Holder shall, notwithstanding any judgment in a currency other than United States dollars, not be discharged until the first business day Business Day following receipt by the Holder or such Underwriter affiliated or controlling person of any sum in such other currency, and only to the extent that the Holder or such Underwriter affiliated or controlling person may in accordance with normal banking procedures purchase United States dollars with such other currency. If the United States dollars so purchased are less than the sum originally due to the Holder or such Underwriter affiliated or controlling person hereunder, the Company agrees as a separate obligation and notwithstanding any such judgment, to indemnify such Underwriter Holder or such affiliated or controlling person against such loss. If the United States dollars so purchased are greater than the sum originally due to such Underwriter Holder or such affiliated or controlling person hereunder, such Underwriter Holder or such affiliated or controlling person agrees to pay to the Company an amount equal to the excess of the dollars so purchased over the sum originally due to the Holder or such Underwriter affiliated or controlling person hereunder.

Appears in 2 contracts

Samples: Verdant Earth Technologies LTD, Verdant Earth Technologies LTD

Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder into any currency other than United States dollars, the parties hereto agree, to the fullest extent permitted by law, that the rate of exchange used shall be the rate at which in accordance with normal banking procedures the Underwriters could purchase United States dollars with such other currency in The City of New York on the business day preceding that on which final judgment is given. The obligation of the Company or any Selling Stockholder with respect to any sum due from it to any Underwriter or any person controlling any Underwriter shall, notwithstanding any judgment in a currency other than United States dollars, not be discharged until the first business day following receipt by such Underwriter or controlling person of any sum in such other currency, and only to the extent that such Underwriter or controlling person may in accordance with normal banking procedures purchase United States dollars with such other currency. If the United States dollars so purchased are less than the sum originally due to such Underwriter or controlling person hereunder, each of the Company Non-U.S. Selling Stockholders agrees as a separate obligation and notwithstanding any such judgment, to indemnify such Underwriter or controlling person against such loss. If the United States dollars so purchased are greater than the sum originally due to such Underwriter or controlling person hereunder, such Underwriter or controlling person agrees to pay to the Company relevant Non-U.S. Selling Stockholder(s), as applicable, an amount equal to the excess of the dollars so purchased over the sum originally due to such Underwriter or controlling person hereunder.

Appears in 2 contracts

Samples: Underwriting Agreement (Ecovyst Inc.), Underwriting Agreement (PQ Group Holdings Inc.)

Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder into any currency other than United States dollars, the parties hereto agree, to the fullest extent permitted by law, that the rate of exchange used shall be the rate at which in accordance with normal banking procedures the Underwriters could purchase United States dollars with such other currency in The City of New York on the business day preceding that on which final judgment is given. The obligation of the Company and the Parent with respect to any sum due from it to any Underwriter or any person controlling any Underwriter shall, notwithstanding any judgment in a currency other than United States dollars, not be discharged until the first business day following receipt by such Underwriter or controlling person of any sum in such other currency, and only to the extent that such Underwriter or controlling person may in accordance with normal banking procedures purchase United States dollars with such other currency. If the United States dollars so purchased are less than the sum originally due to such Underwriter or controlling person hereunder, the Company agrees and the Parent agree as a separate obligation and notwithstanding any such judgment, to indemnify such Underwriter or controlling person against such loss. If the United States dollars so purchased are greater than the sum originally due to such Underwriter or controlling person hereunder, such Underwriter or controlling person agrees to pay to the Company and the Parent an amount equal to the excess of the dollars so purchased over the sum originally due to such Underwriter or controlling person hereunder.

Appears in 2 contracts

Samples: Underwriting Agreement (Photowatt Technologies Inc.), Underwriting Agreement (Photowatt Technologies Inc.)

Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder into any currency other than United States dollars, the parties hereto agree, to the fullest extent permitted by law, that the rate of exchange used shall be the rate at which in accordance with normal banking procedures the Underwriters could purchase United States dollars with such other currency in The the City of New York on the business day preceding that on which final judgment is given. The obligation of the Company MUFG with respect to any sum due from it to any Underwriter or any person controlling any Underwriter or any affiliate of any Underwriter shall, notwithstanding any judgment in a currency other than United States dollars, not be discharged until the first business day following receipt by such Underwriter or controlling person or affiliate of any sum in such other currency, and only to the extent that such Underwriter or controlling person or affiliate may in accordance with normal banking procedures purchase United States dollars with such other currency. If the United States dollars so purchased are less than the sum originally due to such Underwriter or controlling person or affiliate hereunder, the Company MUFG agrees as a separate obligation and notwithstanding any such judgment, to indemnify such Underwriter or controlling person or affiliate against such loss. If the United States dollars so purchased are greater than the sum originally due to such Underwriter or controlling person or affiliate hereunder, such Underwriter or controlling person or affiliate agrees to pay to the Company MUFG an amount equal to the excess of the dollars so purchased over the sum originally due to such Underwriter or controlling person or affiliate hereunder.

Appears in 2 contracts

Samples: www.sec.gov, Underwriting Agreement (Mitsubishi Ufj Financial Group Inc)

Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder into any currency other than United States dollars, the parties hereto agree, to the fullest extent permitted by lawthat they may effectively do so, that the rate of exchange used shall be the rate at which which, in accordance with normal banking procedures procedures, the Underwriters Manager could purchase United States dollars with such other currency in The City of New York City on the business day preceding that on which final judgment is given. The To the fullest extent permitted by law, the obligation of either of the Company with Issuer or the Guarantor in respect to any sum due from it to any Underwriter or any person controlling any Underwriter the Manager shall, notwithstanding any judgment in a currency other than United States dollars, not be discharged until the first business day day, following receipt by such Underwriter or controlling person the Manager of any sum adjudged to be so due in such other currency, on which (and only to the extent that such Underwriter or controlling person that) the Manager may in accordance with normal banking procedures purchase United States dollars with such other currency. If ; if the United States dollars so purchased are less than the sum originally due to such Underwriter or controlling person the Manager hereunder, the Company agrees Guarantor agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Underwriter or controlling person the Manager against such loss. If the United States dollars so purchased are greater than the sum originally due to such Underwriter or controlling person Manager hereunder, such Underwriter or controlling person the Manager agrees to pay to the Company Guarantor an amount equal to the excess of the dollars so purchased over the sum originally due to such Underwriter or controlling person the Manager hereunder.

Appears in 2 contracts

Samples: Purchase Agreement (PCCW LTD), Purchase Agreement (PCCW LTD)

Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder into any currency other than United States dollars, the parties hereto agree, to the fullest extent permitted by law, that the rate of exchange used shall be the rate at which in accordance with normal banking procedures the Underwriters Agents could purchase United States dollars with such other currency in The City of New York on the business day Business Day preceding that on which final judgment is given. The obligation of the Company with respect to any sum due from it to any Underwriter Agent or any person controlling any Underwriter Agent shall, notwithstanding any judgment in a currency other than United States dollars, not be discharged until the first business day Business Day following receipt by such Underwriter Agent or controlling person of any sum in such other currency, and only to the extent that such Underwriter Agent or controlling person may in accordance with normal banking procedures purchase United States dollars with such other currency. If the United States dollars so purchased are less than the sum originally due to such Underwriter Agent or controlling person hereunder, the Company agrees as a separate obligation and notwithstanding any such judgment, to indemnify such Underwriter Agent or controlling person against such loss. If the United States dollars so purchased are greater than the sum originally due to such Underwriter Agent or controlling person hereunder, such Underwriter Agent or controlling person agrees to pay to the Company Company, as applicable, an amount equal to the excess of the dollars so purchased over the sum originally due to such Underwriter Agent or controlling person hereunder.

Appears in 2 contracts

Samples: Equity Distribution Agreement (HIVE Digital Technologies Ltd.), Equity Distribution Agreement (Hut 8 Mining Corp.)

Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder into any currency other than United States dollars, the parties hereto agree, to the fullest extent permitted by law, that the rate of exchange used shall be the rate at which in accordance with normal banking procedures the Underwriters Underwriter could purchase United States dollars with such other currency in The City of New York on the business day preceding that on which final judgment is given. The obligation of the Company with respect to any sum due from it to any Underwriter or any person controlling any Underwriter shall, notwithstanding any judgment in a currency other than United States dollars, not be discharged until the first business day following receipt by such Underwriter or controlling person of any sum in such other currency, and only to the extent that such Underwriter or controlling person may in accordance with normal banking procedures purchase United States dollars with such other currency. If the United States dollars so purchased are less than the sum originally due to such Underwriter or controlling person hereunder, the Company agrees as a separate obligation and notwithstanding any such judgment, to indemnify such Underwriter or controlling person against such loss. If the United States dollars so purchased are greater than the sum originally due to such Underwriter or controlling person hereunder, such Underwriter or controlling person agrees to pay to the Company an amount equal to the excess of the dollars so purchased over the sum originally due to such Underwriter or controlling person hereunder.

Appears in 2 contracts

Samples: Underwriting Agreement (Incannex Healthcare LTD), Underwriting Agreement (Incannex Healthcare LTD)

Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder into any currency other than United States dollars, the parties hereto agree, to the fullest extent permitted by law, that the rate of exchange used shall be the rate at which in accordance with normal banking procedures the Underwriters could purchase United States dollars with such other currency in The City State of New York on the business day Business Day preceding that on which final judgment is given. The obligation of the Company pursuant to this Agreement with respect to any sum due from it to any Underwriter the Underwriters or any person controlling any Underwriter the Underwriters shall, notwithstanding any judgment in a currency other than United States dollars, not be discharged until the first business day (1st) Business Day following receipt by such Underwriter the Underwriters or controlling person of any sum in such other currency, and only to the extent that such Underwriter the Underwriters or controlling person may in accordance with normal banking procedures purchase United States dollars with such other currency. If the United States dollars so purchased are less than the sum originally due to such Underwriter the Underwriters or controlling person hereunder, the Company agrees as a separate obligation and notwithstanding any such judgment, to indemnify such Underwriter the Underwriters or controlling person against such loss. If the United States dollars so purchased are greater than the sum originally due to such Underwriter the Underwriters or controlling person hereunder, such Underwriter the Underwriters or controlling person agrees to pay to the Company an amount equal to the excess of the dollars so purchased over the sum originally due to such Underwriter the Underwriters or controlling person hereunder.

Appears in 2 contracts

Samples: Underwriting Agreement (Syra Health Corp), Underwriting Agreement (Syra Health Corp)

Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder into any currency other than United States dollars, the parties hereto agree, to the fullest extent permitted by law, that the rate of exchange used shall be the rate at which in accordance with normal banking procedures the Underwriters could purchase United States dollars with such other currency in The City of New York on the business day preceding that on which final judgment is given. The obligation of the Company with respect to any sum due from it to any Underwriter or any person controlling any Underwriter shall, notwithstanding any judgment in a currency other than United States dollars, not be discharged until the first business day following receipt by such Underwriter or controlling person of any sum in such other currency, and only to the extent that such Underwriter or controlling person may in accordance with normal banking procedures purchase United States dollars with such other currency. If the United States dollars so purchased are less than the sum originally due to such Underwriter or controlling person hereunder, the Company agrees as a separate obligation and notwithstanding any such judgment, to indemnify such Underwriter or controlling person against such loss. If the United States dollars so purchased are greater than the sum originally due to such Underwriter or controlling person hereunder, such Underwriter or controlling person agrees to pay to the Company Company, an amount equal to the excess of the dollars so purchased over the sum originally due to such Underwriter or controlling person hereunder.

Appears in 2 contracts

Samples: Underwriting Agreement (iDreamSky Technology LTD), Underwriting Agreement (Cheetah Mobile Inc.)

Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder into any currency other than United States dollars, the parties hereto agree, to the fullest extent permitted by law, that the rate of exchange used shall be the rate at which in accordance with normal banking procedures the Underwriters Underwriter could purchase United States dollars with such other currency in The City of New York on the business day preceding that on which final judgment is given. The obligation of the Company with respect to any sum due from it to any the Underwriter or any person controlling any the Underwriter shall, notwithstanding any judgment in a currency other than United States dollars, not be discharged until the first business day following receipt by such the Underwriter or controlling person of any sum in such other currency, and only to the extent that such the Underwriter or controlling person may in accordance with normal banking procedures purchase United States dollars with such other currency. If the United States dollars so purchased are less than the sum originally due to such the Underwriter or controlling person hereunder, the Company agrees as a separate obligation and notwithstanding any such judgment, to indemnify such the Underwriter or controlling person against such loss. If the United States dollars so purchased are greater than the sum originally due to such the Underwriter or controlling person hereunder, such the Underwriter or controlling person agrees to pay to the Company an amount equal to the excess of the dollars so purchased over the sum originally due to such the Underwriter or controlling person hereunder.

Appears in 2 contracts

Samples: Underwriting Agreement (Apollo Endosurgery, Inc.), Underwriting Agreement (Collabrium Japan Acquisition Corp)

Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder into any currency other than United States dollars, the parties hereto agree, to the fullest extent permitted by law, that the rate of exchange used shall be the rate at which in accordance with normal banking procedures the Underwriters Underwriter could purchase United States dollars with such other currency in The City of New York on the business day preceding that on which final judgment is given. The obligation of the Company with respect to any sum due from it to any Underwriter or any person controlling any the Underwriter shall, notwithstanding any judgment in a currency other than United States dollars, not be discharged until only if and to the extent that on the first business day following receipt by such the Underwriter or controlling person of any sum adjudged to be so due in such other currency, and only to the extent that such Underwriter or controlling person may in accordance with normal banking procedures purchase United States dollars with such other currency. If the United States dollars so purchased are less than the sum originally due to such the Underwriter or controlling person hereunder, the Company agrees agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such the Underwriter or controlling person against such loss. If the United States dollars so purchased are greater than the sum originally due to such the Underwriter or controlling person hereunder, such the Underwriter or controlling person agrees to pay to the Company an amount equal to the excess of the dollars so purchased over the sum originally due to such the Underwriter or controlling person hereunder.

Appears in 2 contracts

Samples: Underwriting Agreement (Bunge LTD), Bunge LTD

Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder into any currency other than United States U.S. dollars, the parties hereto agree, to the fullest extent permitted by law, that the rate of exchange used shall be the rate at which in accordance with normal banking procedures the Underwriters could purchase United States U.S. dollars with such other currency in The City of New York on the business day preceding that on which final judgment is given. The obligation of each of the Company and the Selling Shareholders with respect to any sum due from it to any Underwriter or any person controlling any Underwriter under this Agreement shall, notwithstanding any judgment in a currency other than United States U.S. dollars, not be discharged until the first business day following receipt by such Underwriter or controlling person of any sum in such other currency, and only to the extent that such Underwriter or controlling person may in accordance with normal banking procedures purchase United States U.S. dollars with such other currency. If the United States U.S. dollars so purchased are less than the sum originally due to such Underwriter or controlling person hereunder, the Company agrees as a separate obligation and notwithstanding any such judgment, to indemnify such Underwriter or controlling person against such loss. If the United States U.S. dollars so purchased are greater than the sum originally due to such Underwriter or controlling person hereunder, such Underwriter or controlling person agrees to pay to the Company and such Selling Shareholder, as applicable, an amount equal to the excess of the U.S. dollars so purchased over the sum originally due to such Underwriter or controlling person hereunder.

Appears in 2 contracts

Samples: Pricing Agreement (Innocoll AG), Underwriting Agreement (Materialise Nv)

Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder into any currency other than United States U.S. dollars, the parties hereto agree, to the fullest extent permitted by lawthat they may effectively do so, that the rate of exchange used shall be the rate at which in accordance with normal banking procedures the Underwriters Underwriter could purchase United States U.S. dollars with such other currency in The City of New York on the business day preceding that on which final judgment is given. The obligation obligations of the Company with in respect to of any sum due from it to any Underwriter or any person controlling any the Underwriter shall, notwithstanding any judgment in a any currency other than United States U.S. dollars, not be discharged until the first business day day, following receipt by such Underwriter or controlling person of any sum adjudged to be so due in such other currency, on which (and only to the extent that that) such Underwriter or controlling person may in accordance with normal banking procedures purchase United States U.S. dollars with such other currency. If ; if the United States U.S. dollars so purchased are less than the sum originally due to such Underwriter or controlling person hereunder, the Company agrees agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Underwriter or controlling person against such loss. If the United States U.S. dollars so purchased are greater than the sum originally due to such Underwriter or controlling person hereunder, such Underwriter or controlling person agrees to pay to the Company an amount equal to the excess of the U.S. dollars so purchased over the sum originally due to such Underwriter or controlling person hereunder.

Appears in 2 contracts

Samples: Underwriting Agreement (Vicinity Motor Corp), Underwriting Agreement (Neovasc Inc)

Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder into any currency other than United States dollars, the parties hereto agree, to the fullest extent permitted by law, that the rate of exchange used shall be the rate at which in accordance with normal banking procedures the Underwriters could purchase United States dollars with such other currency in The City of New York on the business day preceding that on which final judgment is given. The obligation of the Company with respect to any sum due from it to any Underwriter or any person controlling any Underwriter shall, notwithstanding any judgment in a currency other than United States dollars, not be discharged until the first business day following receipt by such Underwriter or controlling person of any sum in such other currency, and only to the extent that such Underwriter or controlling person may in accordance with normal banking procedures purchase United States dollars with such other currency. If the United States dollars so purchased are less than the sum originally due to such Underwriter or controlling person hereunder, the Company agrees as a separate obligation and notwithstanding any such judgment, to indemnify such Underwriter or controlling person against such loss. If the United States dollars so purchased are greater than the sum originally due to such Underwriter or controlling person hereunder, such Underwriter or controlling person agrees to pay to the Company Underwriter an amount equal to the excess of the dollars so purchased over the sum originally due to such Underwriter or controlling person hereunder.

Appears in 2 contracts

Samples: Underwriting Agreement (Golar LNG LTD), Underwriting Agreement (Golar LNG LTD)

Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder into any currency other than United States dollars, the parties hereto agree, to the fullest extent permitted by law, that the rate of exchange used shall be the rate at which in accordance with normal banking procedures the Underwriters could purchase United States dollars with such other currency in The the Borough of Manhattan in the City of New York on the business day preceding that on which final judgment is given. The obligation of the Company or the Selling Shareholder with respect to any sum due from it to any Underwriter or any person controlling any Underwriter shall, notwithstanding any judgment in a currency other than United States dollars, not be discharged until the first business day following receipt by such Underwriter or controlling person of any sum in such other currency, and only to the extent that such Underwriter or controlling person may in accordance with normal banking procedures purchase United States dollars with such other currency. If the United States dollars so purchased are less than the sum originally due to such Underwriter or controlling person hereunder, each of the Company agrees and the Selling Shareholder agree as a separate obligation and notwithstanding any such judgment, to indemnify such Underwriter or controlling person against such loss. If the United States dollars so purchased are greater than the sum originally due to such Underwriter or controlling person hereunder, such Underwriter or controlling person agrees to pay to the Company or the Selling Shareholder, as applicable, an amount equal to the excess of the dollars so purchased over the sum originally due to such Underwriter or controlling person hereunder.

Appears in 2 contracts

Samples: WillScot Mobile Mini Holdings Corp., WillScot Mobile Mini Holdings Corp.

Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder into any currency other than United States dollars, the parties hereto agree, to the fullest extent permitted by law, that the rate of exchange used shall be the rate at which in accordance with normal banking procedures the Underwriters Manager could purchase United States dollars with such other currency in The City of New York on the business day preceding that on which final judgment is given. The obligation of the Company with respect to any sum due from it to any Underwriter the Manager or any person controlling any Underwriter the Manager shall, notwithstanding any judgment in a currency other than United States dollars, not be discharged until the first business day following receipt by such Underwriter the Manager or controlling person of any sum in such other currency, and only to the extent that such Underwriter the Manager or controlling person may in accordance with normal banking procedures purchase United States dollars with such other currency. If the United States dollars so purchased are less than the sum originally due to such Underwriter the Manager or controlling person hereunder, the Company agrees as a separate obligation and notwithstanding any such judgment, to indemnify such Underwriter the Manager or controlling person against such loss. If the United States dollars so purchased are greater than the sum originally due to such Underwriter the Manager or controlling person hereunder, such Underwriter the Manager or controlling person agrees to pay to the Company an amount equal to the excess of the dollars so purchased over the sum originally due to such Underwriter the Manager or controlling person hereunder.

Appears in 2 contracts

Samples: Trivago N.V., Frontline LTD /

Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder into any currency other than United States dollars, the parties hereto agree, to the fullest extent permitted by law, that the rate of exchange used shall be the rate at which in accordance with normal banking procedures the Underwriters could purchase United States dollars with such other currency in The City of New York on the business day preceding that on which final judgment is given. The obligation of the Company with in respect to of any sum due from it to any Underwriter or any person controlling any Underwriter Forward Purchaser under this Agreement shall, notwithstanding any judgment in a currency other than United States dollarsU.S. dollars (the β€œJudgment Currency”), not be discharged until the first business day following receipt by such Underwriter or controlling person Forward Purchaser of any sum adjudged to be so due in such other currency, the Judgment Currency on which (and only to the extent that that) such Underwriter or controlling person Forward Purchaser may in accordance with normal banking procedures purchase United States U.S. dollars with such other currency. If the United States Judgment Currency; if the U.S. dollars so purchased are less than the sum originally due to such Underwriter or controlling person Forward Purchaser hereunder, the Company agrees agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Underwriter or controlling person Forward Purchaser against such lossloss in respect of any sum due to such Underwriter or Forward Purchaser from the Company. If the United States U.S. dollars so purchased are greater than the sum originally due to such Underwriter or controlling person Forward Purchaser hereunder, such Underwriter or controlling person Forward Purchaser agrees to pay to the Company an amount equal to the excess of the U.S. dollars so purchased over the sum originally due to such Underwriter or controlling person Forward Purchaser hereunder.

Appears in 2 contracts

Samples: Underwriting Agreement (NETSTREIT Corp.), Underwriting Agreement (NETSTREIT Corp.)

Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder into any currency other than United States U.S. dollars, the parties hereto agree, to the fullest extent permitted by lawthat they may effectively do so, that the rate of exchange used shall be the rate at which in accordance with normal banking procedures the Underwriters could purchase United States U.S. dollars with such other currency in The City of New York on the business day preceding that on which final judgment is given. The obligation obligations of the Company with and Delhaize America in respect to of any sum due from it to any Underwriter or any person controlling any Underwriter shall, notwithstanding any judgment in a any currency other than United States U.S. dollars, not be discharged until the first business day day, following receipt by such Underwriter or controlling person of any sum adjudged to be so due in such other currency, on which (and only to the extent that that) such Underwriter or controlling person may in accordance with normal banking procedures purchase United States U.S. dollars with such other currency. If ; if the United States U.S. dollars so purchased are less than the sum originally due to such Underwriter or controlling person hereunder, the Company agrees and Delhaize America agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Underwriter or controlling person against such loss. If the United States U.S. dollars so purchased are greater than the sum originally due to such Underwriter or controlling person hereunder, such Underwriter or controlling person agrees to pay to the Company and Delhaize America (but without duplication) an amount equal to the excess of the U.S. dollars so purchased over the sum originally due to such Underwriter or controlling person hereunder.

Appears in 2 contracts

Samples: Delhaize Group, Delhaize Group

Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder into any currency other than United States dollars, the parties hereto agree, to the fullest extent permitted by law, that the rate of exchange used shall be the rate at which in accordance with normal banking procedures the Underwriters could purchase United States dollars with such other currency in The City of New York on the business day preceding that on which final judgment is given. The obligation of the Company Transocean Parties with respect to any sum due from it to any Underwriter or any person controlling any Underwriter shall, notwithstanding any judgment in a currency other than United States dollars, not be discharged until the first business day following receipt by such Underwriter or controlling person of any sum in such other currency, and only to the extent that such Underwriter or controlling person may in accordance with normal banking procedures purchase United States dollars with such other currency. If the United States dollars so purchased are less than the sum originally due to such Underwriter or controlling person hereunder, the Company agrees Transocean Parties agree as a separate obligation and notwithstanding any such judgment, to indemnify such Underwriter or controlling person against such loss. If the United States dollars so purchased are greater than the sum originally due to such Underwriter or controlling person hereunder, such Underwriter or controlling person agrees to pay to the Company any such Transocean Party an amount equal to the excess of the dollars so purchased over the sum originally due to such Underwriter or controlling person hereunder.

Appears in 2 contracts

Samples: Underwriting Agreement (Transocean Partners LLC), Underwriting Agreement (Transocean Partners LLC)

Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder into any currency other than United States dollars, the parties hereto agree, to the fullest extent permitted by law, that the rate of exchange used shall be the rate at which in accordance with normal banking procedures the Underwriters could purchase United States dollars with such other currency in The City of New York on the business day preceding that on which final judgment is given. The obligation of the Company Tyco Parties with respect to any sum due from it any of them to any Underwriter or any person controlling any Underwriter shall, notwithstanding any judgment in a currency other than United States dollars, not be discharged until the first business day following receipt by such Underwriter or controlling person of such Underwriter of any sum in such other currency, and only to the extent that such Underwriter or controlling person of such Underwriter may in accordance with normal banking procedures purchase United States dollars with such other currency. If the United States dollars so purchased are less than the sum originally due to such Underwriter or controlling person of such Underwriter hereunder, the Company agrees Tyco Parties jointly and severally agree, as a separate obligation and notwithstanding any such judgment, to indemnify such Underwriter or controlling person of such Underwriter against such loss. If the United States dollars so purchased are greater than the sum originally due to such Underwriter or controlling person of such Underwriter hereunder, such Underwriter or controlling person of such Underwriter agrees to pay to the Company Tyco an amount equal to the excess of the dollars so purchased over the sum originally due to such Underwriter or controlling person of such Underwriter hereunder.

Appears in 2 contracts

Samples: Underwriting Agreement (TYCO INTERNATIONAL PLC), Underwriting Agreement (TYCO INTERNATIONAL PLC)

Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder into any currency other than United States dollars, the parties hereto agree, to the fullest extent permitted by lawthat they may effectively do so, that the rate of exchange used shall be the rate at which in accordance with normal banking procedures the Underwriters Manager could purchase United States dollars with such other currency in The City of New York City on the business day preceding that on which final judgment is given. The obligation of the Company with Corporation or the Guarantor in respect to of any sum due from it to any Underwriter or any person controlling any Underwriter hereunder shall, notwithstanding any judgment in a currency other than United States dollars, not be discharged until the first business day day, following receipt by such Underwriter or controlling person of any sum adjudged to be so due in such other currency, on which (and only to the extent that that) such Underwriter or controlling person may in accordance with normal banking procedures purchase United States dollars with such other currency. If ; if the United States dollars so purchased are less than the sum originally due to such Underwriter or controlling person hereunder, the Company agrees Corporation and the Guarantor each agree, as a separate obligation and notwithstanding any such judgment, to indemnify such Underwriter or controlling person against such loss. If the United States dollars so purchased or which could have been so purchased had such Underwriter purchased United States dollars with such other currency are greater than the sum originally due to such Underwriter or controlling person hereunder, such Underwriter or controlling person agrees to pay to the Company Corporation or the Guarantor, as applicable, an amount equal to the excess of the United States dollars so purchased or which could have been so purchased over the sum originally due to such Underwriter or controlling person hereunder.

Appears in 2 contracts

Samples: Underwriting Agreement (Crown in Right of New South Wales), Underwriting Agreement (Crown in Right of New South Wales)

Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder into any currency other than United States dollars, the parties hereto agree, to the fullest extent permitted by law, that the rate of exchange used shall be the rate at which in accordance with normal banking procedures the Underwriters Holders could purchase United States dollars with such other currency in The City of New York on the business day preceding that on which final judgment is given. The obligation of the Company Issuer and each of the Guarantors with respect to any sum due from it to any Underwriter Holder or any person controlling any Underwriter Holder shall, notwithstanding any judgment in a currency other than United States dollars, not be discharged until the first business day following receipt by such Underwriter Holder or controlling person of any sum in such other currency, and only to the extent that such Underwriter Holder or controlling person may in accordance with normal banking procedures purchase United States dollars with such other currency. If the United States dollars so purchased are less than the sum originally due to such Underwriter Holder or controlling person hereunder, the Company agrees Issuer and each of the Guarantors agree, jointly and severally and as a separate obligation and notwithstanding any such judgment, to indemnify such Underwriter Holder or controlling person against such loss. If the United States dollars so purchased are greater than the sum originally due to such Underwriter Holder or controlling person hereunder, such Underwriter Holder or controlling person agrees to pay to the Company Issuer or any Guarantor, as the case may be, an amount equal to the excess of the dollars so purchased over the sum originally due to such Underwriter Holder or controlling person hereunder.

Appears in 2 contracts

Samples: Indenture (Crocs, Inc.), Supplemental Indenture (Crocs, Inc.)

Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder into any currency other than United States dollars, the parties hereto agree, to the fullest extent permitted by law, that the rate of exchange used shall be the rate at which in accordance with normal banking procedures the Underwriters could purchase United States dollars with such other currency in The City of New York on the business day preceding that on which final judgment is given. The obligation of the Company Company, Xxxxx Dorados B.V. and each Selling Shareholder with respect to any sum due from it to any Underwriter or any person controlling any Underwriter shall, notwithstanding any judgment in a currency other than United States dollars, not be discharged until the first business day following receipt by such Underwriter or controlling person of any sum in such other currency, and only to the extent that such Underwriter or controlling person may in accordance with normal banking procedures purchase United States dollars with such other currency. If the United States dollars so purchased are less than the sum originally due to such Underwriter or controlling person hereunder, each of the Company Company, Xxxxx Dorados B.V. and the Selling Shareholders agrees as a separate obligation and notwithstanding any such judgment, to indemnify such Underwriter or controlling person against such loss. If the United States dollars so purchased are greater than the sum originally due to such Underwriter or controlling person hereunder, such Underwriter or controlling person agrees to pay to the Company Company, Xxxxx Dorados B.V. or such Selling Shareholder, as applicable, an amount equal to the excess of the dollars so purchased over the sum originally due to such Underwriter or controlling person hereunder.

Appears in 2 contracts

Samples: Underwriting Agreement (Arcos Dorados Holdings Inc.), Underwriting Agreement (Arcos Dorados Holdings Inc.)

Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder into any currency other than United States dollars, the parties hereto agree, to the fullest extent permitted by law, that the rate of exchange used shall be the rate at which in accordance with normal banking procedures the Underwriters could purchase United States dollars with such other currency in The City of New York on the business day preceding that on which final judgment is given. The obligation of the Company with respect to any sum due from it to any Underwriter or any person controlling any Underwriter shall, notwithstanding any judgment in a currency other than United States dollars, not be discharged until the first business day following receipt by such Underwriter or controlling person of any sum in such other currency, and only to the extent that such Underwriter or controlling person may in accordance with normal banking procedures purchase United States dollars with such other currency. If the United States dollars so purchased are less than the sum originally due to such Underwriter or controlling person hereunder, the Company agrees agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Underwriter or controlling person against such loss. If the United States dollars so purchased are greater than the sum originally due to such Underwriter or controlling person hereunder, such Underwriter or controlling person agrees to pay to the Company an amount equal to the excess of the United States dollars so purchased over the sum originally due to such Underwriter or controlling person hereunder.

Appears in 2 contracts

Samples: Underwriting Agreement, Underwriting Agreement (ArcelorMittal)

Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder into any currency other than United States dollars, the parties hereto agree, to the fullest extent permitted by law, that the rate of exchange used shall be the rate at which in accordance with normal banking procedures the Underwriters Agents could purchase United States dollars with such other currency in The City of New York on the business day Business Day preceding that on which final judgment is given. The obligation of the Company with respect to any sum due from it to any Underwriter an Agent or any person controlling any Underwriter an Agent shall, notwithstanding any judgment in a currency other than United States dollars, not be discharged until the first business day (1st) Business Day following receipt by such Underwriter an Agent or any person controlling person an Agent of any sum in such other currency, and only to the extent that such Underwriter an Agent or controlling person may in accordance with normal banking procedures purchase United States dollars with such other currency. If the United States dollars so purchased are less than the sum originally due to such Underwriter an Agent or controlling person hereunder, the Company agrees as a separate obligation and notwithstanding any such judgment, to indemnify such Underwriter Agent or controlling person against such loss. If the United States dollars so purchased are greater than the sum originally due to such Underwriter an Agent or controlling person hereunder, such Underwriter Agent or controlling person agrees to pay to the Company an amount equal to the excess of the dollars so purchased over the sum originally due to such Underwriter Agent or controlling person hereunder.

Appears in 2 contracts

Samples: Sales Agreement (Galmed Pharmaceuticals Ltd.), Sales Agreement (Galmed Pharmaceuticals Ltd.)

Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder into any currency other than United States dollars, the parties hereto agree, to the fullest extent permitted by law, that the rate of exchange used shall be the rate at which in accordance with normal banking procedures the Underwriters could purchase United States dollars with such other currency in The City of New York on the business day preceding that on which final judgment is given. The obligation of the Company Non-U.S. Selling Stockholder with respect to any sum due from it to any Underwriter or any person controlling any Underwriter shall, notwithstanding any judgment in a currency other than United States dollars, not be discharged until the first business day following receipt by such Underwriter or controlling person of any sum in such other currency, and only to the extent that such Underwriter or controlling person may in accordance with normal banking procedures purchase United States dollars with such other currency. If the United States dollars so purchased are less than the sum originally due to such Underwriter or controlling person hereunder, the Company Non-U.S. Selling Stockholder agrees as a separate obligation and notwithstanding any such judgment, to indemnify such Underwriter or controlling person against such loss. If the United States dollars so purchased are greater than the sum originally due to such Underwriter or controlling person hereunder, such Underwriter or controlling person agrees to pay to the Company Non-U.S. Selling Stockholder an amount equal to the excess of the dollars so purchased over the sum originally due to such Underwriter or controlling person hereunder.

Appears in 2 contracts

Samples: Underwriting Agreement (LifeStance Health Group, Inc.), Underwriting Agreement (LifeStance Health Group, Inc.)

Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder into any currency other than United States dollars, the parties hereto agree, to the fullest extent permitted by law, that the rate of exchange used shall be the rate at which in accordance with normal banking procedures the Underwriters Initial Purchasers could purchase United States dollars with such other currency in The City of New York on the business day preceding that on which final judgment is given. The obligation of the Company with respect to any sum due from it to any Underwriter Initial Purchaser or any person controlling any Underwriter Initial Purchaser shall, notwithstanding any judgment in a currency other than United States dollars, not be discharged until the first business day following receipt by such Underwriter Initial Purchaser or controlling person of any sum in such other currency, and only to the extent that such Underwriter Initial Purchaser or controlling person may in accordance with normal banking procedures purchase United States dollars with such other currency. If the United States dollars so purchased are less than the sum originally due to such Underwriter Initial Purchaser or controlling person hereunder, hereunder and the Company agrees agree as a separate obligation and notwithstanding any such judgment, to indemnify such Underwriter Initial Purchaser or controlling person against such loss. If the United States dollars so purchased are greater than the sum originally due to such Underwriter Initial Purchaser or controlling person hereunder, such Underwriter Initial Purchaser or controlling person agrees to pay to the Company an amount equal to the excess of the dollars so purchased over the sum originally due to such Underwriter Initial Purchaser or controlling person hereunder.

Appears in 2 contracts

Samples: Purchase Agreement (Pattern Energy Group Inc.), 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 into any currency other than United States dollars, the parties hereto agree, to the fullest extent permitted by law, that the rate of exchange used shall be the rate at which in accordance with normal banking procedures the Underwriters could purchase United States dollars with such other currency in The City of New York on the business day preceding that on which final judgment is given. The obligation of the Company with respect to any sum due from it to any Underwriter or any person controlling any Underwriter shall, notwithstanding any judgment in a currency other than United States dollars, not be discharged until the first business day following receipt by such Underwriter or controlling person of any sum in such other currency, and only to the extent that such Underwriter or controlling person may in accordance with normal banking procedures purchase United States dollars with such other currency. If the United States dollars so purchased are less than the sum originally due to such Underwriter or controlling person hereunder, the Company agrees and Parent agree as a separate obligation and notwithstanding any such judgment, to indemnify such Underwriter or controlling person against such loss. If the United States dollars so purchased are greater than the sum originally due to such Underwriter or controlling person hereunder, such Underwriter or controlling person agrees to pay to the Company or Parent, as applicable, an amount equal to the excess of the dollars so purchased over the sum originally due to such Underwriter or controlling person hereunder.

Appears in 1 contract

Samples: Underwriting Agreement (Kura Sushi Usa, Inc.)

Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder into any currency other than United States dollars, the parties hereto agree, to the fullest extent permitted by law, that the rate of exchange used shall be the rate at which in accordance with normal banking procedures the Underwriters could purchase United States dollars with such other currency in The City of New York on the business day preceding that on which final judgment is given. The obligation of the Company pursuant to this Agreement with respect to any sum due from it to any Underwriter or any person controlling any Underwriter shall, notwithstanding any judgment in a currency other than United States dollars, not be discharged until the first business day following receipt by such Underwriter or controlling person of any sum in such other currency, and only to the extent that such Underwriter or controlling person may in accordance with normal banking procedures purchase United States dollars with such other currency. If the United States dollars so purchased are less than the sum originally due to such Underwriter or controlling person hereunder, the Company agrees as a separate obligation and notwithstanding any such judgment, to indemnify such Underwriter or controlling person against such loss. If the United States dollars so purchased are greater than the sum originally due to such Underwriter or controlling person hereunder, such Underwriter or controlling person agrees to pay to the Company an amount equal to the excess of the dollars so purchased over the sum originally due to such Underwriter or controlling person hereunder.

Appears in 1 contract

Samples: Underwriting Agreement (Jiayin Group Inc.)

Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder into any currency other than United States dollars, the parties hereto agree, to the fullest extent permitted by law, that the rate of exchange used shall be the rate at which in accordance with normal banking procedures the Underwriters Underwriter could purchase United States dollars with such other currency in The City of New York on the business day preceding that on which final judgment is given. The obligation obligations of the Company pursuant to this Agreement with respect to any sum due from it to any Underwriter or any person controlling any Underwriter shall, notwithstanding any judgment in a currency other than United States dollars, not be discharged until the first business day following receipt by such Underwriter or controlling person of any sum in such other currency, and only to the extent that such Underwriter or controlling person may in accordance with normal banking procedures purchase United States dollars with such other currency. If the United States dollars so purchased are less than the sum originally due to such Underwriter or controlling person hereunder, the Company agrees as a separate obligation and notwithstanding any such judgment, to indemnify such Underwriter or controlling person against such loss. If the United States dollars so purchased are greater than the sum originally due to such Underwriter or controlling person hereunder, such Underwriter or controlling person agrees to pay to the Company an amount equal to the excess of the dollars so purchased over the sum originally due to such Underwriter or controlling person hereunder.

Appears in 1 contract

Samples: Bilibili Inc.

Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder into any currency other than United States dollars, the parties hereto agree, to the fullest extent permitted by law, that the rate of exchange used shall be the rate at which in accordance with normal banking procedures the Underwriters could purchase United States dollars with such other currency in The City of New York on the business day preceding that on which final judgment is given. The obligation obligations of the Company pursuant to this Agreement with respect to any sum due from it to any Underwriter or any person controlling any Underwriter shall, notwithstanding any judgment in a currency other than United States dollars, not be discharged until the first business day following receipt by such Underwriter or controlling person of any sum in such other currency, and only to the extent that such Underwriter or controlling person may in accordance with normal banking procedures purchase United States dollars with such other currency. If the United States dollars so purchased are less than the sum originally due to such Underwriter or controlling person hereunder, the Company agrees as a separate obligation and notwithstanding any such judgment, to indemnify such Underwriter or controlling person against such loss. If the United States dollars so purchased are greater than the sum originally due to such Underwriter or controlling person hereunder, such Underwriter or controlling person agrees to pay to the Company Company, an amount equal to the excess of the dollars so purchased over the sum originally due to such Underwriter or controlling person hereunder.

Appears in 1 contract

Samples: Underwriting Agreement (Yalla Group LTD)

Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder into any currency other than United States dollars, the parties hereto agree, to the fullest extent permitted by law, that the rate of exchange used shall be the rate at which in accordance with normal banking procedures the Underwriters could purchase United States dollars with such other currency in The City of New York on the business day preceding that on which final judgment is given. The obligation of the Company or any Selling Shareholder pursuant to this Agreement with respect to any sum due from it to any Underwriter or any person controlling any Underwriter shall, notwithstanding any judgment in a currency other than United States dollars, not be discharged until the first business day following receipt by such Underwriter or controlling person of any sum in such other currency, and only to the extent that such Underwriter or controlling person may in accordance with normal banking procedures purchase United States dollars with such other currency. If the United States dollars so purchased are less than the sum originally due to such Underwriter or controlling person hereunder, the Company agrees and the Selling Shareholders agree as a separate obligation and notwithstanding any such judgment, to indemnify such Underwriter or controlling person against such loss. If the United States dollars so purchased are greater than the sum originally due to such Underwriter or controlling person hereunder, such Underwriter or controlling person agrees to pay to the Company or such Selling Shareholder, an amount equal to the excess of the dollars so purchased over the sum originally due to such Underwriter or controlling person hereunder.

Appears in 1 contract

Samples: Underwriting Agreement (Qutoutiao Inc.)

Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder into any currency other than United States dollars, the parties hereto agree, to the fullest extent permitted by law, that the rate of exchange used shall be the rate at which in accordance with normal banking procedures the Underwriters could purchase United States dollars with such other currency in The City of New York on the business day preceding that on which final judgment is given. The obligation of the Company any Selling Shareholder with respect to any sum due from it to any Underwriter or any person controlling any Underwriter shall, notwithstanding any judgment in a currency other than United States dollars, not be discharged until the first business day following receipt by such Underwriter or controlling person of any sum in such other currency, and only to the extent that such Underwriter or controlling person may in accordance with normal banking procedures purchase United States dollars with such other currency. If the United States dollars so purchased are less than the sum originally due to such Underwriter or controlling person hereunder, each of the Company Selling Shareholders agrees as a separate obligation and notwithstanding any such judgment, to indemnify such Underwriter or controlling person against such loss. If the United States dollars so purchased are greater than the sum originally due to such Underwriter or controlling person hereunder, such Underwriter or controlling person agrees to pay to the Company or the relevant Selling Shareholder(s), as applicable, an amount equal to the excess of the dollars so purchased over the sum originally due to such Underwriter or controlling person hereunder.

Appears in 1 contract

Samples: Underwriting Agreement (Mondee Holdings, Inc.)

Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder into any currency other than United States dollars, the parties hereto agree, to the fullest extent permitted by law, that the rate of exchange used shall be the rate at which in accordance with normal banking procedures the Underwriters BTIG could purchase United States dollars with such other currency in The City of New York on the business day Business Day preceding that on which final judgment is given. The obligation of the Company with respect to any sum due from it to any Underwriter BTIG or any person controlling any Underwriter BTIG shall, notwithstanding any judgment in a currency other than United States dollars, not be discharged until the first business day (1st) Business Day following receipt by such Underwriter BTIG or any person controlling person BTIG of any sum in such other currency, and only to the extent that such Underwriter BTIG or controlling person may in accordance with normal banking procedures purchase United States dollars with such other currency. If the United States dollars so purchased are less than the sum originally due to such Underwriter BTIG or controlling person hereunder, the Company agrees as a separate obligation and notwithstanding any such judgment, to indemnify such Underwriter BTIG or controlling person against such loss. If the United States dollars so purchased are greater than the sum originally due to such Underwriter BTIG or controlling person hereunder, such Underwriter BTIG or controlling person agrees to pay to the Company an amount equal to the excess of the dollars so purchased over the sum originally due to such Underwriter BTIG or controlling person hereunder.

Appears in 1 contract

Samples: Sales Agreement (BioLineRx Ltd.)

Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder into any currency other than United States dollars, the parties hereto agree, to the fullest extent permitted by law, that the rate of exchange used shall be the rate at which in accordance with normal banking procedures the Underwriters Manager could purchase United States dollars with such other currency in The the City of New York on the business day preceding that on which final judgment is given. The obligation of the Company or any Selling Shareholders with respect to any sum due from it to any Underwriter the Manager or any person controlling any Underwriter the Manager shall, notwithstanding any judgment in a currency other than United States dollars, not be discharged until the first business day following receipt by such Underwriter the Manager or controlling person of any sum in such other currency, and only to the extent that such Underwriter the Manager or controlling person may in accordance with normal banking procedures purchase United States dollars with such other currency. If the United States dollars so purchased are less than the sum originally due to such Underwriter the Manager or controlling person hereunder, the Company agrees and the Selling Shareholders agree as a separate obligation and notwithstanding any such judgment, to indemnify such Underwriter the Manager or controlling person against such loss. If the United States dollars so purchased are greater than the sum originally due to such Underwriter the Manager or controlling person hereunder, such Underwriter the Manager or controlling person agrees to pay to the Company or any Selling Shareholders, as applicable, an amount equal to the excess of the dollars so purchased over the sum originally due to such Underwriter the Manager or controlling person hereunder.

Appears in 1 contract

Samples: Underwriting 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 into any currency other than United States dollars, the parties hereto agree, to the fullest extent permitted by law, that the rate of exchange used shall be the rate at which in accordance with normal banking procedures the Underwriters could purchase United States dollars with such other currency in The City of New York on the business day preceding that on which final judgment is given. The obligation of the Company any Selling Stockholder with respect to any sum due from it to any Underwriter or any person controlling any Underwriter shall, notwithstanding any judgment in a currency other than United States dollars, not be discharged until the first business day following receipt by such Underwriter or controlling person of any sum in such other currency, and only to the extent that such Underwriter or controlling person may in accordance with normal banking procedures purchase United States dollars with such other currency. If the United States dollars so purchased are less than the sum originally due to such Underwriter or controlling person hereunder, the Company each Selling Stockholder agrees as a separate obligation and notwithstanding any such judgment, to indemnify such Underwriter or controlling person against such loss. If the United States dollars so purchased are greater than the sum originally due to such Underwriter or controlling person hereunder, such Underwriter or controlling person agrees to pay to the Company relevant Selling Stockholder(s) an amount equal to the excess of the dollars so purchased over the sum originally due to such Underwriter or controlling person hereunder.

Appears in 1 contract

Samples: Underwriting Agreement (Coursera, Inc.)

Judgment Currency. If If, for the purposes of obtaining judgment in any court court, it is necessary to convert a sum due hereunder into any currency other than United States dollars, the parties hereto agree, to the fullest extent permitted by law, that the rate of exchange used shall be the rate at which in accordance with normal banking procedures the Underwriters could purchase United States dollars with such other currency in The City of New York on the business day preceding that on which final judgment is given. The obligation of the Company with respect to any sum due from it to any Underwriter or any person controlling any Underwriter shall, notwithstanding any judgment in a currency other than United States dollars, not be discharged until the first business day following receipt by such Underwriter or controlling person of such Underwriter of any sum in such other currency, and only to the extent that such Underwriter or controlling person of such Underwriter may in accordance with normal banking procedures purchase United States dollars with such other currency. If the United States dollars so purchased are less than the sum originally due to such Underwriter or controlling person of such Underwriter hereunder, the Company agrees agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Underwriter or controlling person of such Underwriter against such loss. If the United States dollars so purchased are greater than the sum originally due to such Underwriter or controlling person of such Underwriter hereunder, such Underwriter or controlling person of such Underwriter agrees to pay to the Company an amount equal to the excess of the dollars so purchased over the sum originally due to such Underwriter or controlling person of such Underwriter hereunder. Any amounts payable by the Company or any Underwriter under this Section 17(d) shall be paid to the applicable Underwriter(s) or the Company (as applicable) as promptly as reasonably practicable.

Appears in 1 contract

Samples: Avery Dennison Corp

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