Common use of Currencies Generally Clause in Contracts

Currencies Generally. (a) At any time, any reference in the definition of the term “Alternative Currency” or in any other provision of this Credit Agreement to the Currency of any particular nation means the lawful currency of such nation at such time whether or not the name of such Currency is the same as it was on the date hereof. For purposes of determining (i) whether the amount of any Revolving Loan, together with all other Revolving Loans, Swingline Loans and LOC Obligations outstanding or to be borrowed or issued at the same time as such Revolving Loan, would exceed the Committed Amount then in effect, (ii) whether the LOC Obligations exceed the LOC Committed Amount, and (iii) whether any Lender’s Commitment Percentage of any Revolving Loan (together with its Commitment Percentage of all other Revolving Loans, Swingline Loans and LOC Obligations then outstanding or to be borrowed or issued at the same time as such Revolving Loan) would exceed the amount of such Lender’s Commitment, the outstanding principal amount of any Revolving Loan or LOC Obligation that is denominated in any Alternative Currency shall be deemed to be the Dollar Equivalent of such amount of Alternative Currency determined as of the date of such Revolving Loan or LOC Obligation. Wherever in this Credit Agreement in connection with a Revolving Loan or LOC Obligation an amount, such as a required minimum or multiple amount, is expressed in Dollars, but such Revolving Loan or LOC Obligation is denominated in any Alternative Currency, such amount shall be the relevant Foreign Currency Equivalent of such Dollar amount (rounded to the nearest one thousandth). In addition, for purposes of complying with any requirement of this Credit Agreement stated in Dollars or calculating any ratio or other test set forth in this Credit Agreement, the amount of any Revolving Loan and LOC Obligation that is denominated in any Alternative Currency shall be deemed to be the Dollar Equivalent of such amount of Alternative Currency determined as of the date of such calculation.

Appears in 6 contracts

Samples: Credit Agreement (Capitalsource Inc), Credit Agreement (Capitalsource Inc), Credit Agreement (Capitalsource Inc)

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Currencies Generally. (a) At any time, any reference in the definition of the term “Alternative Currency” or in any other provision of this Credit Agreement to the Currency of any particular nation means the lawful currency of such nation at such time whether or not the name of such Currency is the same as it was on the date hereof. For purposes of determining (i) whether the amount of any Revolving LoanAdvance, together with all other Revolving LoansAdvances, Swingline Loans Advances and LOC Obligations Alternative Currency Swingline Advances then outstanding or to be borrowed or issued at the same time as such Revolving LoanAdvance, would exceed the Committed Amount then in effectFacility Amount, (ii) whether the LOC Obligations exceed the LOC Committed Amount, and (iii) whether any Lender’s Commitment Percentage Pro Rata Share of any Revolving Loan (Advance, together with its Commitment Percentage Pro Rata Share of all other Revolving LoansAdvances, Swingline Loans Advances and LOC Obligations Alternative Currency Swingline Advances then outstanding or to be borrowed or issued at the same time as such Revolving Loan) Advance, would exceed the amount of such Lender’s Commitment, and (iii) whether Advances Outstanding are required to be prepaid, the outstanding principal amount of any Revolving Loan Advance or LOC Obligation Alternative Currency Swingline Advance that is denominated in any Alternative Foreign Currency shall be deemed to be the Dollar Equivalent of such amount of Alternative Foreign Currency determined as of the date of such Revolving Loan Advance or LOC ObligationAlternative Currency Swingline Advance. Wherever in this Credit Agreement in connection with a Revolving Loan an Advance or LOC Obligation Alternative Currency Swingline Advance an amount, such as a required minimum or multiple amount, is expressed in Dollars, but such Revolving Loan Advance or LOC Obligation Alternative Currency Swingline Advance is denominated in any Alternative a Foreign Currency, such amount shall be the relevant Foreign Currency Equivalent of such Dollar amount (rounded to the nearest one thousandth1,000 units of such Foreign Currency). In addition, for purposes of (A) complying with any requirement of this Credit Agreement stated in Dollars or and (B) calculating any ratio or other test set forth in this Credit Agreement, the amount of any Revolving Loan and LOC Obligation that is denominated in any Alternative a Foreign Currency shall be deemed to be the Dollar Equivalent of such amount of Alternative Foreign Currency determined as of the date of such calculation.. Without limitation, the following defined

Appears in 1 contract

Samples: Funding and Servicing Agreement (American Capital Strategies LTD)

Currencies Generally. (a) At any time, any reference in the definition of the term “Alternative Currency” or in any other provision of this Credit Agreement to the Currency of any particular nation means the lawful currency of such nation at such time whether or not the name of such Currency is the same as it was on the date hereof. For purposes of determining (i) whether the amount of any Revolving LoanAdvance, together with all other Revolving LoansAdvances, and Swingline Loans Advances and LOC Obligations Alternative Currency Swingline Advances then outstanding or to be borrowed or issued at the same time as such Revolving LoanAdvance, would exceed the Committed Amount then in effectFacility Amount, (ii) whether the LOC Obligations exceed the LOC Committed Amount, and (iii) whether any Lender’s Commitment Percentage Pro Rata Share of any Revolving Loan (Advance, together with its Commitment Percentage Pro Rata Share of all other Revolving LoansAdvances, and Swingline Loans Advances and LOC Obligations Alternative Currency Swingline Advances then outstanding or to be borrowed or issued at the same time as such Revolving Loan) Advance, would exceed the amount of such Lender’s Commitment, and (iii) whether Advances Outstanding are required to be prepaid, the outstanding principal amount of any Revolving Loan Advance or LOC Obligation Alternative Currency Swingline Advance that is denominated in any Alternative Foreign Currency shall be deemed to be the Dollar Equivalent of such amount of Alternative Foreign Currency determined as of the date of such Revolving Loan Advance or LOC ObligationAlternative Currency Swingline Advance. Wherever in this Credit Agreement in connection with a Revolving Loan an Advance or LOC Obligation Alternative Currency Swingline Advance an amount, such as a required minimum or multiple amount, is expressed in Dollars, but such Revolving Loan Advance or LOC Obligation Alternative Currency Swingline Advance is denominated in any Alternative a Foreign Currency, such amount shall be the relevant Foreign Currency Equivalent of such Dollar amount (rounded to the nearest one thousandth1,000 units of such Foreign Currency). In addition, for purposes of (A) complying with any requirement of this Credit Agreement stated in Dollars or and (B) calculating any ratio or other test set forth in this Credit Agreement, the amount of any Revolving Loan and LOC Obligation that is denominated in any Alternative a Foreign Currency shall be deemed to be the Dollar Equivalent of such amount of Alternative Foreign Currency determined as of the date of such calculation. Without limitation, the following defined terms used in this Agreement (together with any defined terms in which such defined terms are used) may require amounts denominated in a Foreign Currency to be calculated as the Dollar Equivalent of such amounts: “Aggregate Outstanding Loan Balance”, “Alternative Currency Sub-Limit”, “Borrowing Base”, “Concentration Limits”, “Fair Market Value”, “Hedge Percentage”, “Interest Collections”, “Outstanding Loan Balance”, “Permitted Investments”, “Portfolio Outstanding Loan Balance”, “Principal Collections”, “Scheduled Payment”, and “Senior Servicing Fee” and “Subordinated Servicing Fee”.

Appears in 1 contract

Samples: Loan Funding and Servicing Agreement (American Capital, LTD)

Currencies Generally. (a) At any time, any reference in the definition of the term “Alternative Currency” or in any other provision of this Credit Agreement to the Currency of any particular nation means the lawful currency of such nation at such time whether or not the name of such Currency is the same as it was on the date hereof. For purposes of determining (i) whether the amount of any Revolving Loan, together with all other Revolving Loans, Swingline Loans and LOC Obligations outstanding or to be borrowed or issued at the same time as such Revolving Loan, would exceed the Committed Amount then in effect, Commitments and (ii) whether the LOC Obligations exceed the LOC Committed Amount, and (iii) whether any Lender’s Commitment Percentage of any Revolving Loan (Loan, together with its Commitment Percentage of all other Revolving Loans, Swingline Loans and LOC Obligations then outstanding or to be borrowed or issued at the same time as such Revolving Loan) , would exceed the amount of such Lender’s Commitment, the outstanding principal amount of any Revolving Loan or LOC Obligation that is denominated in any Alternative Foreign Currency shall be deemed to be the Dollar Equivalent of such amount of Alternative Foreign Currency determined as of the date of such Revolving Loan or LOC ObligationLoan. Wherever in this Credit Agreement in connection with a Revolving Loan or LOC Obligation an amount, such as a required minimum or multiple amount, is expressed in Dollars, but such Revolving Loan or LOC Obligation is denominated in any Alternative a Foreign Currency, such amount shall be the relevant Foreign Currency Equivalent of such Dollar amount (rounded to the nearest one thousandth1,000 units of such Foreign Currency). In addition, for purposes of (x) complying with any requirement of this Credit Agreement stated in Dollars or and (y) calculating any ratio or other test set forth in this Credit Agreement, the amount of any Revolving Loan and LOC Obligation that is denominated in any Alternative a Foreign Currency shall be deemed to be the Dollar Equivalent of such amount of Alternative Foreign Currency determined as of the date of such calculation.

Appears in 1 contract

Samples: Credit Agreement (American Capital Strategies LTD)

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Currencies Generally. (a) At any time, any reference in the definition of the term "Alternative Lending Currency" or in any other provision of this Credit Agreement to the Currency of any particular nation means the lawful currency of such nation at such time whether or not the name of such Currency is the same as it was on the date hereof. For purposes of determining determining, on any date a Revolving Loan is to be made or Letter of Credit is to be issued hereunder, (i) whether the amount of any such Revolving LoanLoan or Letter of Credit, together with all other Revolving Loans, Swingline Loans and LOC Obligations outstanding or to be borrowed or issued at the same time as such Revolving LoanLoan or Letter of Credit, as applicable, would exceed the Committed Amount then in effect, Commitments on such date and (ii) whether the LOC Obligations exceed the LOC Committed Amount, and (iii) whether any Lender’s 's Commitment Percentage of any such Revolving Loan (or Letter of Credit, together with its Commitment Percentage of all other Revolving Loans, Swingline Loans and LOC Obligations then outstanding or to be borrowed or issued at the same time as such Revolving Loan) Loan or Letter of Credit, would exceed the amount of such Lender’s Commitment's Commitment on such date, the outstanding principal amount of any Revolving Loan or LOC Obligation Letter of Credit that is denominated in any Alternative Lending Currency shall be deemed to be the Dollar Equivalent of such amount of Alternative Lending Currency determined as of the date of such Revolving Loan or LOC Obligationdate. Wherever in this Credit Agreement in connection with a Revolving Loan or LOC Obligation Letter of Credit an amount, such as a required minimum or multiple amount, is expressed in Dollars, but such Revolving Loan or LOC Obligation Letter of Credit is denominated in any an Alternative Lending Currency, such amount shall be the relevant Foreign Currency Equivalent of such Dollar amount (rounded to the nearest one thousandth1,000 units of such Alternative Lending Currency). In addition, for purposes of (x) complying with any requirement of this Credit Agreement stated in Dollars or and (y) calculating any ratio or other test set forth in this Credit Agreement, the amount of any Revolving Loan and Loan, Letter of Credit or LOC Obligation that is denominated in any an Alternative Lending Currency shall be deemed to be the Dollar Equivalent of such amount of Alternative Lending Currency determined as of the date of such calculation.

Appears in 1 contract

Samples: Credit Agreement (American Capital Strategies LTD)

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