Common use of Other Provisions Applicable to Alternate Currency Loans Clause in Contracts

Other Provisions Applicable to Alternate Currency Loans. The specification of payment of Alternate Currency Loans in the related Alternate Currency at a specific place pursuant to this Agreement is of the essence. Such Alternate Currency shall be the currency of account and payment of such Loans under this Agreement and the Notes. Notwithstanding anything in this Agreement, the obligation of the applicable Alternate Currency Borrower in respect of such Loans shall not be discharged by an amount paid in any other currency or at another place, whether pursuant to a judgment or otherwise, to the extent the amount so paid, on prompt conversion into the applicable Alternate Currency and transfer to the Alternate Currency Bank under normal banking procedure, does not yield the amount of such Alternate Currency due under this Agreement, the applicable Alternate Currency Addenda and the Notes. In the event that any payment, whether pursuant to a judgment or otherwise, upon conversion and transfer, does not result in payment of the amount of such Alternate Currency due under this Agreement, the applicable Alternate Currency Addenda and the Notes, the Alternate Currency Bank shall have an independent cause of action against the Alternate Currency Borrowers for the currency deficit.

Appears in 1 contract

Sources: Credit Agreement (Staffmark Inc)

Other Provisions Applicable to Alternate Currency Loans. The specification of payment of Alternate Currency Loans in the related Alternate Currency at a specific place pursuant to this Agreement is of the essence. Such Alternate Currency shall be the currency of account and payment of such Loans under this Agreement and the Notes. Notwithstanding anything in this Agreement, the obligation of the applicable Alternate Currency Borrower in respect of such Loans shall not be discharged by an amount paid in any other currency or at another place, whether pursuant to a judgment or otherwise, to the extent the amount so paid, on prompt conversion into the applicable Alternate Currency and transfer to the Alternate Currency such Bank under normal banking procedure, does not yield the amount of such Alternate Currency due under this Agreement, the applicable Alternate Currency Addenda Agreement and the Notes. In the event that any payment, whether pursuant to a judgment or otherwise, upon conversion and transfer, does not result in payment 49 57 of the amount of such Alternate Currency due under this Agreement, the applicable Alternate Currency Addenda Agreement and the Notes, the Alternate Currency such Bank shall have an independent cause of action against the Alternate Currency Borrowers for the currency deficit.

Appears in 1 contract

Sources: Credit Agreement (Masco Corp /De/)