EXPORT/CURRENCY INVOICES Sample Clauses

EXPORT/CURRENCY INVOICES. 7.1 We may Approve, make Advances and pay the Purchase Price in Sterling for Export Invoices Notified to us from time to time. If we do this we may adjust the Service Fee to compensate for the additional work involved and a reasonable profit margin thereon.
EXPORT/CURRENCY INVOICES. 9.1 We may Approve, make Advances and pay the Nominal Amount in Euro for Export Invoices Notified to us representing up to 10% of all your Invoices outstanding from time to time. If we do this we may adjust the Service Charge to compensate for the additional work involved and a reasonable profit margin thereon. 9.2 Unless we have agreed to make Currency Facility available all Currency Invoices will be converted into Euro at the Bank’s spot rate of exchange on the day on which the Invoice is Notified to us. DEED OF PLEDGE 1. We refer to the receivables finance agreement dated on or about the date hereof (the “Agreement”) as the same may be amended, supplemented or restated from time to time, under which we have undertaken to perform certain obligations pursuant to borrowings made, which obligations shall, as a condition of the commitments being made available under the Agreement, be secured, inter alia, by means of a first priority right of pledge that shall be vested over the Invoices for your benefit. 2. Terms defined in the Agreement shall have the same meaning in this letter, unless a contrary indication appears. 3. In furtherance of our obligations as set forth above, we are providing for your benefit, a disclosed first ranking right of pledge (openbaar pandrecht eerste in rang) over the Invoices listed in Schedule I, in your favour, in the manner set forth in Article 3:236 paragraph 1 jo. Article
EXPORT/CURRENCY INVOICES. 9.1 We may Approve, make Advances and pay the Nominal Amount in Euro for Export Invoices Notified to us representing up to 10% of all your Invoices outstanding from time to time. If we do this we may adjust the Service Charge to compensate for the additional work involved and a reasonable profit margin thereon. 9.2 Unless we have agreed to make Currency Facility available all Currency Invoices will be converted into Euro at the Bank’s spot rate of exchange on the day on which the Invoice is Notified to us. To: LLOYDS TSB BANK PLC [Address Belgian branch] Dear Sirs, 1. We refer to the receivables finance agreement dated on or about the date hereof (the “Agreement”) as the same may be amended, supplemented or restated from time to time, under which we have undertaken to perform certain obligations pursuant to borrowings made, which obligations shall, as a condition of the commitments being made available under the Agreement, be secured, inter alia, by means of a first priority right of pledge that shall be vested over the Invoices for your benefit. 2. Terms defined in the Agreement shall have the same meaning in this letter, unless a contrary indication appears. 3. In furtherance of our obligations as set forth above, we are providing for your benefit, a disclosed first ranking right of pledge (openbaar pandrecht eerste in rang) over the Invoices listed in Schedule I, in your favour, in the manner set forth in the 1872 Act and, as the case may be, the Belgian Civil Code, for such period as determined in accordance with the Agreement, and as security for the full and proper fulfilment of our obligations. 4. We acknowledge and agree, that if and to the extent that the Invoices are subject to any right of pledge or other encumbrance, which take priority over this deed of pledge, this right of pledge will have been created with the highest possible priority (rangorde) available at such time of creation. 5. This letter shall form an integral and inherent part of the Agreement. 6. This letter may be signed in any number of counterparts, all of which taken together shall constitute one and the same instrument. Delivery of an executed signature page by facsimile shall be as effective as delivery of a manually executed document. 7. This letter shall be governed by, and construed in accordance with, the law of the Belgium. The parties hereto submit to the non-exclusive jurisdiction of the courts of Belgium. The parties hereto waive any defence of inconvenient forum, w...

Related to EXPORT/CURRENCY INVOICES

  • Payment Currency All payments due under this Agreement will be paid in U.S. Dollars. Conversion of foreign currency to U.S. Dollars will be made at the conversion rate existing in the United States (as reported in the Wall Street Journal) on the last working day of the applicable Calendar Quarter. Such payments will be without deduction of exchange, collection or other charges.

  • Base Currency For the purposes of any calculation hereunder, we may convert amounts denominated in any other currency into the Base Currency at such rate prevailing at the time of the calculation as we shall reasonably select.

  • Currency Generally For purposes of determining compliance with any Basket under Article VI, VII, or VIII in a currency other than Dollars, no Default or Event of Default shall be deemed to have occurred solely as a result of changes in rates of currency exchange occurring after the time such Indebtedness or Investment is incurred (so long as such Indebtedness or Investment, at the time incurred, made or acquired, was permitted hereunder). For purposes of determining compliance with any Dollar-denominated restriction on the incurrence of Indebtedness, the Dollar-equivalent principal amount of Indebtedness denominated in a foreign currency shall be calculated based on the relevant currency exchange rate in effect on the date such Indebtedness was incurred, in the case of term debt, or first committed, in the case of revolving credit debt; provided that if such Indebtedness is incurred to extend, replace, refund, refinance, renew or defease other Indebtedness denominated in a foreign currency, and such extension, replacement, refunding, refinancing, renewal or defeasance would cause the applicable Dollar-denominated restriction to be exceeded if calculated at the relevant currency exchange rate in effect on the date of such extension, replacement, refunding, refinancing, renewal or defeasance, such Dollar-denominated restriction shall be deemed not to have been exceeded so long as the principal amount of such refinancing Indebtedness does not exceed the principal amount of such Indebtedness being extended, replaced, refunded, refinanced, renewed or defeased, plus the aggregate amount of fees, underwriting discounts, premiums (including tender premiums) and other costs and expenses (including OID) incurred in connection with such refinancing, Except with respect to any ratio calculated under any Basket, any subsequent change in rates of currency exchange with respect to any prior utilization or other measurement of a Basket previously made in reliance on such Basket (as the same may have been reallocated in accordance with this Agreement) shall be disregarded for purposes of determining any unutilized portion under such Basket.

  • Blocked Currency In each country where the local currency is blocked and cannot be removed from the country, royalties or profit share payments accrued in that country shall be paid to the receiving Party in the country in local currency by deposit in a local bank designated by the receiving Party, unless the Parties otherwise agree.

  • Judgment Currency If, for the purposes of obtaining judgment in any court, it is necessary to convert a sum due hereunder or any other Loan Document in one currency into another currency, the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the first currency with such other currency on the Business Day preceding that on which final judgment is given. The obligation of the Borrower in respect of any such sum due from it to the Administrative Agent or the Lenders hereunder or under the other Loan Documents shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than that in which such sum is denominated in accordance with the applicable provisions of this Agreement (the “Agreement Currency”), be discharged only to the extent that on the Business Day following receipt by the Administrative Agent of any sum adjudged to be so due in the Judgment Currency, the Administrative Agent may in accordance with normal banking procedures purchase the Agreement Currency with the Judgment Currency. If the amount of the Agreement Currency so purchased is less than the sum originally due to the Administrative Agent from the Borrower in the Agreement Currency, the Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify the Administrative Agent or the Person to whom such obligation was owing against such loss. If the amount of the Agreement Currency so purchased is greater than the sum originally due to the Administrative Agent in such currency, the Administrative Agent agrees to return the amount of any excess to the Borrower (or to any other Person who may be entitled thereto under applicable Law).