Common use of Determination of Exchange Rates Clause in Contracts

Determination of Exchange Rates. Not later than 2:00 P.M. (London time) on each Calculation Date, if any L/C Obligations are outstanding on such date in any Alternative Currency, the applicable Issuing Bank shall determine the Exchange Rate as of such Calculation Date for all such L/C Obligations outstanding as of such date with respect to all Letters of Credit issued by such Issuing Bank or its affiliates (the “Issuing Bank Exchange Rate”) and give prompt notice thereof to the Administrative Agent. The Issuing Bank Exchange Rates so determined shall become effective on the first Business Day immediately following the relevant Calculation Date (a “Reset Date”), shall remain effective until the next succeeding Reset Date, and shall for all purposes of this Agreement (other than Section 10.18 or any other provision expressly requiring the use of a current Exchange Rate) be the Exchange Rate employed in determining the Dollar Equivalent of any amounts of any Alternative Currencies. Notwithstanding anything contained herein to the contrary, if any Issuing Bank fails to timely deliver notice of its Issuing Bank Exchange Rate to the Administrative Agent pursuant to the provisions of this Section 10.19(a), the Administrative Agent may determine such rate in accordance with the definition of Exchange Rate and shall have no liability to such Issuing Bank for such determination.

Appears in 4 contracts

Samples: Credit Agreement (Transocean Ltd.), Credit Agreement (Transocean Ltd.), Credit Agreement (Transocean Ltd.)

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Determination of Exchange Rates. Not later than 2:00 P.M. (London time) on each Calculation Date, if any L/C Obligations are outstanding on such date in any Alternative Currency, the applicable Issuing Bank shall determine the Exchange Rate as of such Calculation Date for all such L/C Obligations outstanding as of such date with respect to all Letters of Credit issued by such Issuing Bank or its affiliates (the “Issuing Bank Exchange Rate”) and give prompt notice thereof to the Administrative Agent. The No later than 4:00 P.M. (London time) on each such Calculation Date, (i) the Administrative Agent shall (i) determine the Exchange Rate (other than the Issuing Bank Exchange Rate, if applicable) as of such Calculation Date with respect to any Alternative Currencies, and (ii) give notice thereof, together with notice of the applicable Issuing Bank Exchange Rate, if applicable, to the Lenders and the Borrower. The Exchange Rates so determined shall become effective on the first Business Day immediately following the relevant Calculation Date (a “Reset Date”), shall remain effective until the next succeeding Reset Date, and shall for all purposes of this Agreement (other than Section 10.18 or any other provision expressly requiring the use of a current Exchange Rate) be the Exchange Rate Rates employed in determining the Dollar Equivalent of any amounts of any Alternative Currencies. Notwithstanding anything contained herein to the contrary, if any Issuing Bank fails to timely deliver notice of its Issuing Bank Exchange Rate to the Administrative Agent pursuant to the provisions of this Section 10.19(a), the Administrative Agent may determine such rate in accordance with the definition of Exchange Rate and shall have no liability to such Issuing Bank for such determination.

Appears in 3 contracts

Samples: Subsidiary Guaranty Agreement (Transocean Ltd.), Credit Agreement (Transocean Ltd.), Credit Agreement (Transocean Ltd.)

Determination of Exchange Rates. Not later than 2:00 P.M. p.m. (London time) on each Calculation Date, if any L/C Obligations LC Exposures are outstanding on such date in any Alternative a Specified Currency, the applicable Issuing Bank shall determine the Exchange Rate Rate(s) as of such Calculation Date for all such L/C Obligations LC Exposures outstanding as of such date with respect to all Letters of Credit issued by such Issuing Bank or its affiliates (the “Issuing Bank Exchange Rate”) Affiliates and give prompt notice thereof to the Administrative Agent. No later than 4:00 p.m. (London time) on each such Calculation Date, the Administrative Agent shall give notice thereof to the Lenders and the Borrower. The Issuing Bank Exchange Rates so determined shall become effective on the first Business Day immediately following the relevant Calculation Date (a “Reset Date”), shall remain effective until the next succeeding Reset Date, and shall for all purposes of this Agreement (other than Section 10.18 Sections 9.19, 9.21 or any other provision expressly requiring the use of a current Exchange Rate) be the Exchange Rate Rates employed in determining the Dollar Equivalent Equivalents of any amounts of any Alternative CurrenciesSpecified Currencies for all such LC Exposures with respect to all such Letters of Credit issued by such Issuing Banks in a Specified Currency. Notwithstanding anything contained herein to the contrary, if any Issuing Bank fails to timely deliver notice of its Issuing Bank Exchange Rate Rate(s) to the Administrative Agent pursuant to the provisions of this Section 10.19(a)9.22, the Administrative Agent may determine such rate in accordance with the same manner as provided in the definition of Exchange Rate Rate” and shall have no liability to such Issuing Bank for such determination.

Appears in 2 contracts

Samples: Senior Secured Revolving Credit Agreement (Excelerate Energy, Inc.), Secured Revolving Credit Agreement (Excelerate Energy, Inc.)

Determination of Exchange Rates. Not later than 2:00 P.M. p.m. (London time) on each Calculation Date, if any L/C Obligations are outstanding on such date in any Alternative a Specified Currency, the applicable Issuing Bank shall determine the Exchange Rate Rate(s) as of such Calculation Date for all such L/C Obligations outstanding as of such date with respect to all Letters of Credit issued by such Issuing Bank or its affiliates (the “Issuing Bank Exchange Rate”) Affiliates and give prompt notice thereof to the Administrative Agent. No later than 4:00 p.m. (London time) on each such Calculation Date, the Administrative Agent shall give notice thereof to the Lenders and the Borrowers. The Issuing Bank Exchange Rates so determined shall become effective on the first Business Day immediately following the relevant Calculation Date (a “Reset Date”), shall remain effective until the next succeeding Reset Date, and shall for all purposes of this Agreement (other than Section 10.18 or any other provision expressly requiring the use of a current Exchange Rate) be the Exchange Rate Rates employed in determining the Dollar Equivalent Equivalents of any amounts of any Alternative CurrenciesSpecified Currencies for all such L/C Obligations with respect to all such Letters of Credit issued by such Issuing Banks in a Specified Currency. Notwithstanding anything contained herein to the contrary, if any Issuing Bank fails to timely deliver notice of its Issuing Bank Exchange Rate Rate(s) to the Administrative Agent pursuant to the provisions of this Section 10.19(a)10.19, the Administrative Agent may determine such rate in accordance with the same manner as provided in the definition of Exchange Rate and shall have no liability to such Issuing Bank for such determination.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Noble Corp), Revolving Credit Agreement (Noble Corp)

Determination of Exchange Rates. Not later than 2:00 P.M. (London time) on each Calculation Date, if any L/C Obligations are outstanding on such date in any Alternative Currencya currency other than U.S. Dollars, the applicable Issuing Bank shall determine the Exchange Rate as of such Calculation Date for all such L/C Obligations outstanding as of such date with respect to all Letters of Credit issued by such Issuing Bank or its affiliates (the “Issuing Bank Exchange Rate”) Affiliates and give prompt notice thereof to the Administrative Agent. No later than 4:00 P.M. (London time) on each such Calculation Date, the Administrative Agent shall give notice thereof to the Lenders and the Borrowers. The Issuing Bank Exchange Rates so determined shall become effective on the first Business Day immediately following the relevant Calculation Date (a “Reset Date”), shall remain effective until the next succeeding Reset Date, and shall for all purposes of this Agreement (other than Section 10.18 11.17 or any other provision expressly requiring the use of a current Exchange Rate) be the Exchange Rate Rates employed in determining the Dollar Equivalent of any amounts of any Alternative CurrenciesSpecified Currency. Notwithstanding anything contained herein to the contrary, if any Issuing Bank fails to timely deliver notice of its Issuing Bank Exchange Rate to the Administrative Agent pursuant to the provisions of this Section 10.19(a)11.18, the Administrative Agent may determine such rate in accordance with the definition of Exchange Rate and shall have no liability to such Issuing Bank for such determination.

Appears in 2 contracts

Samples: Senior Secured Revolving Credit Agreement (Paragon Offshore Ltd.), Senior Secured Revolving Credit Agreement (Noble Corp PLC)

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Determination of Exchange Rates. Not later than 2:00 P.M. p.m. (London time) on each Calculation Date, if any L/C Obligations are outstanding on such date in any Alternative a Specified Currency, the applicable Issuing Bank shall determine the Exchange Rate Rate(s) as of such Calculation Date for all such L/C Obligations outstanding as of such date with respect to all Letters of Credit issued by such Issuing Bank or its affiliates (the “Issuing Bank Exchange Rate”) Affiliates and give prompt notice thereof to the Administrative Agent. No later than 4:00 p.m. (London time) on each such Calculation Date, the Administrative Agent shall give notice thereof to the Lenders and the Borrower. The Issuing Bank Exchange Rates so determined shall become effective on the first Business Day immediately following the relevant Calculation Date (a “Reset Date”), shall remain effective until the next succeeding Reset Date, and shall for all purposes of this Agreement (other than Section 10.18 11.19 or any other provision expressly requiring the use of a current Exchange Rate) be the Exchange Rate Rates employed in determining the Dollar Equivalent Equivalents of any amounts of any Alternative CurrenciesSpecified Currencies for all such L/C Obligations with respect to all such Letters of Credit issued by such Issuing Banks in a Specified Currency. Notwithstanding anything contained herein to the contrary, if any Issuing Bank fails to timely deliver notice of its Issuing Bank Exchange Rate Rate(s) to the Administrative Agent pursuant to the provisions of this Section 10.19(a)11.20, the Administrative Agent may determine such rate in accordance with the same manner as provided in the definition of Exchange Rate Rate” and shall have no liability to such Issuing Bank for such determination.

Appears in 1 contract

Samples: Secured Revolving Credit Agreement (Seadrill LTD)

Determination of Exchange Rates. Not later than 2:00 P.M. p.m. (London time) on each Calculation Date, if any L/C Obligations are outstanding on such date in any Alternative a Specified Currency, the applicable Issuing Bank shall determine the Exchange Rate Rate(s) as of such Calculation Date for all such L/C Obligations outstanding as of such date with respect to all Letters of Credit issued by such Issuing Bank or its affiliates (the “Issuing Bank Exchange Rate”) Affiliates and give prompt notice thereof to the Administrative Agent. No later than 4:00 p.m. (London time) on each such Calculation Date, the Administrative Agent shall give notice thereof to the Lenders and the Company. The Issuing Bank Exchange Rates so determined shall become effective on the first Business Day immediately following the relevant Calculation Date (a “Reset Date”), shall remain effective until the next succeeding Reset Date, and shall for all purposes of this Agreement (other than Section 10.18 11.19 or any other provision expressly requiring the use of a current Exchange Rate) be the Exchange Rate Rates employed in determining the Dollar Equivalent Equivalents of any amounts of any Alternative CurrenciesSpecified Currencies for all such L/C Obligations with respect to all such Letters of Credit issued by such Issuing Banks in a Specified Currency. Notwithstanding anything contained herein to the contrary, if any Issuing Bank fails to timely deliver notice of its Issuing Bank Exchange Rate Rate(s) to the Administrative Agent pursuant to the provisions of this Section 10.19(a)11.20, the Administrative Agent may determine such rate in accordance with the same manner as provided in the definition of Exchange Rate Rate” and shall have no liability to such Issuing Bank for such determination.

Appears in 1 contract

Samples: Secured Revolving Credit Agreement (Valaris LTD)

Determination of Exchange Rates. Not later than 2:00 P.M. p.m. (London time) on each Calculation Date, if any L/C Obligations are outstanding on such date in any Alternative a Specified Currency, the applicable Issuing Bank shall determine the Exchange Rate Rate(s) as of such Calculation Date for all such L/C Obligations outstanding as of such date with respect to all Letters of Credit issued by such Issuing Bank or its affiliates (the “Issuing Bank Exchange Rate”) Affiliates and give prompt notice thereof to the Administrative Agent. No later than 4:00 p.m. (London time) on each such Calculation Date, the Administrative Agent shall give notice thereof to the Lenders and the Borrowers. The Issuing Bank Exchange Rates so determined shall become effective on the first Business Day immediately following the relevant Calculation Date (a “Reset Date”), shall remain effective until the next succeeding Reset Date, and shall for all purposes of this Agreement (other than Section 10.18 11.19 or any other provision expressly requiring the use of a current Exchange Rate) be the Exchange Rate Rates employed in determining the Dollar Equivalent Equivalents of any amounts of any Alternative CurrenciesSpecified Currencies for all such L/C Obligations with respect to all such Letters of Credit issued by such Issuing Banks in a Specified Currency. Notwithstanding anything contained herein to the contrary, if any Issuing Bank fails to timely deliver notice of its Issuing Bank Exchange Rate Rate(s) to the Administrative Agent pursuant to the provisions of this Section 10.19(a)11.20, the Administrative Agent may determine such rate in accordance with the same manner as provided in the definition of Exchange Rate Rate” and shall have no liability to such Issuing Bank for such determination.

Appears in 1 contract

Samples: Senior Secured Revolving Credit Agreement (Noble Corp PLC)

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