Common use of Judgment Shortfall Clause in Contracts

Judgment Shortfall. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder in Dollars into a Foreign Currency, the Borrower agrees that such sum will be converted to an amount equal to the Foreign Currency Equivalent on the business day preceding that on which final judgment is given. The obligation of the Borrower in respect of any sum due hereunder will, notwithstanding any judgment in a Foreign Currency, be discharged only to the extent that on the date the Borrower makes payment to the Lenders of any sum adjudged to be so due in such Foreign Currency, such Lender may, in accordance with normal banking procedures, purchase Dollars with such Foreign Currency; if the Dollars so purchased are less than the sum originally due to the Lenders in Dollars, the Borrower agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender against such loss, and if the Dollars so purchased exceed the sum originally due to any Lender in Dollars, such Lender agrees to remit to the Borrower such excess.