Foreign Currency Advances. The Dollar Equivalent (calculated at the applicable Agent's Exchange Rate from time to time prevailing) of the aggregate principal amount of Foreign Currency Advances at any time outstanding under the Credit Facility (together with the Dollar Equivalent of the aggregate Stated Amount of Letters of Credit then outstanding and denominated in currencies other than Dollars) shall not exceed thirty percent (30%) of the then available Committed Amount. To the extent provisions of this Agreement require the calculation of amounts advanced or available under the Credit Facility in Dollars, any such amounts (if denominated in a Foreign Currency) which are subject to such calculation shall, for purposes of such calculations, be notionally converted to Dollars at the relevant Agent's Exchange Rate then prevailing. The calculation of such currency conversion shall be certified by the Agent, which certification, absent any manifest error, shall be conclusive and binding on the Borrower. If exchange rate fluctuations (a) cause the Credit Facility Balance to exceed the Committed Amount at any time or (b) cause the Foreign Currency Advances to exceed thirty percent (30%) of the then available Committed Amount at any time, then the Borrower shall, within seven (7) days of written demand of the Agent, repay Advances in an amount equal to the excess of the Credit Facility Balance over the Committed Amount or repay Foreign Currency Advances in an amount sufficient to reduce Foreign Currency Advances to not more than thirty percent (30%) of the then available Committed Amount, as the case may be.
Appears in 1 contract
Sources: Revolving Credit Facility Agreement (Seacor Smit Inc)
Foreign Currency Advances. The Dollar Equivalent (calculated at the applicable Agent's Exchange Rate from time to time prevailing) of the aggregate principal amount of Foreign Currency Advances at any time outstanding under the Credit Facility (together with the Dollar Equivalent of the aggregate Stated Amount of Letters of Credit then outstanding and denominated in currencies other than Dollars) shall not exceed thirty fifty percent (3050%) of the then available Committed Amount. To the extent provisions of this Agreement require the calculation of amounts advanced or available under the Credit Facility in Dollars, any such amounts (if denominated in a Foreign Currencycurrency other than Dollars) which are subject to such calculation shall, for purposes of such calculations, be notionally converted to Dollars at the relevant Agent's Exchange Rate then prevailing. The calculation of such currency conversion shall be certified by the AgentFacility Agent or the Letter of Credit Issuer, as the case may be, which certification, absent any manifest error, shall be conclusive and binding on the BorrowerBorrower and the Lenders. If exchange rate fluctuations (a) cause the Credit Facility Balance to exceed the Committed Amount at any time or (b) cause the Foreign Currency Advances (together with the Dollar Equivalent of the aggregate Stated Amount of Letters of Credit then outstanding and denominated in currencies other than Dollars) to exceed thirty fifty percent (3050%) of the then available Committed Amount at any time, then the Borrower shall, within seven (7) days of written demand of the Facility Agent, repay Advances and, thereafter to the extent necessary, cash collateralize Letters of Credit, in an amount equal to the excess of the Credit Facility Balance over the Committed Amount or repay Foreign Currency Advances (together with the Dollar Equivalent of the aggregate Stated Amount of Letters of Credit then outstanding and denominated in currencies other than Dollars) in an amount sufficient to reduce Foreign Currency Advances to not more than thirty fifty percent (3050%) of the then available Committed Amount, as the case may be.
Appears in 1 contract
Sources: Revolving Credit Facility (Seacor Holdings Inc /New/)