Currency Indemnity. (a) If any sum due from an Obligor under the Finance Documents (a “Sum”), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “First Currency”) in which that Sum is payable into another currency (the “Second Currency”) for the purpose of: (i) making or filing a claim or proof against that Obligor; (ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor shall as an independent obligation, within three Business Days of demand, indemnify each Finance Party to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum. (b) Each Obligor waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 43 contracts
Sources: Facility Agreement (Bristow Group Inc.), Facility Agreement (Bristow Group Inc.), Credit Facility Agreement (Amtrust Financial Services, Inc.)
Currency Indemnity. (a) If any sum due from an Obligor under the Finance Documents (a “Sum”), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “First Currency”) in which that Sum is payable into another currency (the “Second Currency”) for the purpose of:
(i) making or filing a claim or proof against that Obligor;; or
(ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor shall as an independent obligation, within three Business Days of demand, indemnify each Finance Party to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 25 contracts
Sources: Revolving Facilities Agreement (Molson Coors Brewing Co), Unsecured Uncommitted Revolving Facilities Agreement (Molson Coors Brewing Co), Revolving Facilities Agreement (Molson Coors Brewing Co)
Currency Indemnity. (a) If any sum due from an Obligor under the Finance Documents (a “"Sum”"), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “"First Currency”") in which that Sum is payable into another currency (the “"Second Currency”") for the purpose of:
(i) making or filing a claim or proof against that Obligor;
(ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor shall as an independent obligation, within three Business Days of demand, indemnify each Finance Party to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 17 contracts
Sources: Subscription Agreement, Facilities Agreement (Syngenta Ag), Facility Agreement (Synnex Corp)
Currency Indemnity. (a) If any sum due from an Obligor under the Finance Documents (a “Sum”), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “First Currency”) in which that Sum is payable into another currency (the “Second Currency”) for the purpose of:
(i) making or filing a claim or proof against that Obligor;
(ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor shall as an independent obligation, within three Business Days of demand, indemnify each Finance Party to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 13 contracts
Sources: Bridge Facilities Agreement (CMB.TECH Nv), Revolving Facility Agreement (Ferguson PLC), Supplemental Agreement (Innospec Inc.)
Currency Indemnity. (a) If any sum due from an Obligor under the Finance Documents (a “Sum”), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “First Currency”) in which that Sum is payable into another currency (the “Second Currency”) for the purpose of:
(i) making or filing a claim or proof against that Obligor;
(ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor shall as an independent obligation, within three five Business Days of demand, indemnify each Finance Party to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 12 contracts
Sources: Facility Agreement (Ses S.A.), Bridge Facility Agreement (Ses S.A.), Syndicated L/G Facility Agreement (Hillenbrand, Inc.)
Currency Indemnity. (aA) If any sum due from an Obligor under the Finance Documents (a “Sum”), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “First Currency”) in which that Sum is payable into another currency (the “Second Currency”) for the purpose of:
(i) making or filing a claim or proof against that Obligor;; or
(ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor shall as an independent obligation, within three five Business Days of demand, indemnify each Finance Party to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (Aa) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (Bb) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(bB) Each Obligor waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 11 contracts
Sources: Revolving Credit Facility Agreement (Kosmos Energy Ltd.), Facility Agreement (Vaalco Energy Inc /De/), Revolving Credit Facility Agreement (Kosmos Energy Ltd.)
Currency Indemnity. (a) If any sum due from an Obligor under the Finance Documents (a “Sum”), or any order, judgment judgement or award given or made in relation to a Sum, has to be converted from the currency (the “First Currency”) in which that Sum is payable into another currency (the “Second Currency”) for the purpose of:
(i) making or filing a claim or proof against that Obligor;the Borrower; or
(ii) obtaining or enforcing an order, judgment judgement or award in relation to any litigation or arbitration proceedings, that Obligor the Borrower shall as an independent obligation, within three (3) Business Days of demand, indemnify each Finance Party to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor of the Obligors waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 11 contracts
Sources: Senior Secured Term Loan Facility Agreement, Senior Secured Credit Facility Agreement, Term Loan and Revolving Credit Facilities Agreement (Seadrill Partners LLC)
Currency Indemnity. (a) If any sum due from an Obligor the Borrower under the Finance Documents (a “Sum”), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “First Currency”) in which that Sum is payable into another currency (the “Second Currency”) for the purpose of:
(i) making or filing a claim or proof against that Obligorthe Borrower;
(ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor the Borrower shall as an independent obligation, within three Business Days of demand, indemnify each Finance Party to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor The Borrower waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 9 contracts
Sources: Syndicated Multicurrency Term Loan Facility Agreement (Sap Aktiengesellschaft Systems Applications Products in Data), Credit Facility Agreement (Saturn Expansion Corp), Credit Facility Agreement (Sap Ag)
Currency Indemnity. (a) If any sum due from an Obligor under the Finance Documents (a “"Sum”"), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “"First Currency”") in which that Sum is payable into another currency (the “"Second Currency”") for the purpose of:
(i) making or filing a claim or proof against that Obligor;; or
(ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor shall as an independent obligation, within three Business Days of demand, indemnify each Finance Party to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 9 contracts
Sources: Bridge Facility Agreement, Facility Agreement, Debt Bridge Facility Agreement (Xstrata PLC)
Currency Indemnity. (a) If any sum due from an Obligor under the Finance Documents (a “Sum”), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “First Currency”) in which that Sum is payable into another currency (the “Second Currency”) for the purpose of:
(i) making or filing a claim or proof against that Obligor;
(ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor shall as an independent obligation, within three five (5) Business Days of demand, indemnify each Finance Party to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 9 contracts
Sources: Credit Facility Agreement, Credit Facilities Agreement (Gold Fields LTD), Credit Facility Agreement (Gold Fields LTD)
Currency Indemnity. (a) 14.1.1 If any sum due from an Obligor under the Finance Documents (a “Sum”), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “First Currency”) in which that Sum is payable into another currency (the “Second Currency”) for the purpose of:
(ia) making or filing a claim or proof against that Obligor;; and/or
(iib) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor shall shall, as an independent obligation, within three Business Days of demanddemand by a Finance Party, indemnify each Finance Party to whom that Sum is due against any cost, loss or liability Losses arising out of or as a result of the conversion including any discrepancy between (Ai) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (Bii) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) 14.1.2 Each Obligor waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 8 contracts
Sources: Supplemental Agreement (Navigator Holdings Ltd.), Facility Agreement (Quintana Shipping Ltd.), Facility Agreement (Navigator Holdings Ltd.)
Currency Indemnity. (a) If any sum due from an Obligor under the Finance Documents (a “Sum”), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “First Currency”) in which that Sum is payable into another currency (the “Second Currency”) for the purpose of:
(i) making or filing a claim or proof against that Obligor;; or
(ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor shall as an independent obligation, within three (3) Business Days of demand, indemnify each Finance Party to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 7 contracts
Sources: Loan Agreement (International Game Technology PLC), Loan Agreement (International Game Technology PLC), Common Terms Agreement (Sunpower Corp)
Currency Indemnity. (a) If any sum due from an Obligor a Credit Party under the Finance Credit Documents (a “Sum”), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “First Currency”) in which that Sum is payable into another currency (the “Second Currency”) for the purpose of:
: (i) making or filing a claim or proof against that Obligor;
Credit Party; (ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, in either case that Obligor Credit Party shall as an independent obligation, within three Business Days of demand, indemnify each Finance Party Lender to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor Credit Party waives any right it may have in any jurisdiction to pay any amount under the Finance Credit Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 7 contracts
Sources: Revolving Credit Agreement (NXP Semiconductors N.V.), Revolving Credit Agreement (NXP Semiconductors N.V.), Credit Agreement (NXP Semiconductors N.V.)
Currency Indemnity. (a) If any sum due from an Obligor under the Finance Documents (a “"Sum”"), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “"First Currency”") in which that Sum is payable into another currency (the “"Second Currency”") for the purpose of:
(i) making or filing a claim or proof against that Obligor;
(ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor shall as an independent obligation, within three five Business Days of demand, indemnify each Finance Party to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 6 contracts
Sources: Syndicated Loan Agreement (Hillenbrand, Inc.), Syndicated L/G Facility Agreement (Hillenbrand, Inc.), Syndicated Loan Agreement (Hillenbrand, Inc.)
Currency Indemnity. (ai) If any sum due from an Obligor a Credit Party under the Finance Credit Documents (a “Sum”), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “First Currency”) in which that Sum is payable into another currency (the “Second Currency”) for the purpose of:
(iA) making or filing a claim or proof against that Obligor;Credit Party; or
(iiB) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor Credit Party shall as an independent obligation, within three Business Days of demand, indemnify the Agent and each Finance Party Bank to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (Ax) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (By) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(bii) Each Obligor Credit Party waives any right it may have in any jurisdiction to pay any amount under the Finance Credit Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 6 contracts
Sources: Credit and Guaranty Agreement (Xerium Technologies Inc), Credit and Guaranty Agreement (Xerium Technologies Inc), Credit and Guaranty Agreement (Xerium Technologies Inc)
Currency Indemnity. (a) If any sum due from an Obligor under the Finance Documents (a “Sum”), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “First Currency”) in which that Sum is payable into another currency (the “Second Currency”) for the purpose of:
(i) making or filing a claim or proof against that Obligor;
(ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor shall as an independent obligation, within three 5 Business Days of demand, indemnify each Finance Party to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 6 contracts
Sources: Syndicated Revolving Credit Agreement (Ibasis Inc), Loan Agreement (Hanarotelecom Inc), Syndicated Revolving Credit Agreement (Koninklijke KPN N V)
Currency Indemnity. (a) If any sum due from an Obligor the Borrower under the Finance Documents (a “Sum”), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “First Currency”) in which that Sum is payable into another currency (the “Second Currency”) for the purpose of:
(i) making or filing a claim or proof against that Obligor;the Borrower; or
(ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor the Borrower shall as an independent obligation, within three Business Days of demand, indemnify each Finance Party to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor The Borrower waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 5 contracts
Sources: Facility Agreement (Madeleine Charging B.V.), Facilities Agreement (WEIBO Corp), Term Facility Agreement (Coeur D Alene Mines Corp)
Currency Indemnity. (a) If any sum due from an Obligor under the Finance Documents (a “"Sum”"), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “"First Currency”") in which that Sum is payable into another currency (the “"Second Currency”") for the purpose of:
(i) making or filing a claim or proof against that Obligor;
(ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor shall as an independent obligation, within three (3) Business Days of demand, indemnify each Finance Party to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 5 contracts
Sources: Multicurrency Revolving Credit and Bank Guarantee Facilities (Elster Group SE), Multicurrency Revolving Facility Agreement (Anthracite Capital Inc), Multicurrency Revolving Facility Agreement (Anthracite Capital Inc)
Currency Indemnity. (a) If any sum due from an Obligor under the Finance Documents (a “Sum”), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “First Currency”) in which that Sum is payable into another currency (the “Second Currency”) for the purpose of:
(i) making or filing a claim or proof against that Obligor;
(ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor shall as an independent obligation, within three (3) Business Days of demand, indemnify each Finance Party to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 5 contracts
Sources: Facility Agreement (Bristow Group Inc.), Facility Agreement (Bristow Group Inc.), Facility Agreement (KNOT Offshore Partners LP)
Currency Indemnity. (a) If any sum due from an Obligor the Borrower under the Finance Documents (a “Sum”), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “First Currency”) in which that Sum is payable into another currency (the “Second Currency”) for the purpose of:
(i) making or filing a claim or proof against that Obligorthe Borrower;
(ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor the Borrower shall as an independent obligation, obligation within three 3 Business Days of demanddemand upon presentation of Supporting Documentation, indemnify to the extent permitted by law each Finance Party to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor The Borrower waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 4 contracts
Sources: Credit Facility Agreement (Lafarge), Credit Facility Agreement (Lafarge), Credit Facility Agreement (Lafarge)
Currency Indemnity. (a) 14.1.1 If any sum due from an Obligor the Borrower under the Finance Documents (a “"Sum”"), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “"First Currency”") in which that Sum is payable into another currency (the “"Second Currency”") for the purpose of:
(ia) making or filing a claim or proof against that Obligorthe Borrower;
(iib) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor the Borrower shall as an independent obligation, within three Business Days of demand, indemnify each Finance Party to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor 14.1.2 The Borrower waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 4 contracts
Sources: Facility Agreement, Facility Agreement, Facility Agreement (Hoegh LNG Partners LP)
Currency Indemnity. (a) If any sum due from an Obligor under the Finance Documents (a “"Sum”"), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “"First Currency”") in which that Sum is payable into another currency (the “"Second Currency”") for the purpose of:
(i) making or filing a claim or proof against that Obligor;; or
(ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor the Borrowers shall as an independent obligation, within three 3 Business Days of demand, indemnify each Finance Party to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 4 contracts
Sources: Facility Agreement (Seanergy Maritime Holdings Corp.), Facility Agreement (Seanergy Maritime Holdings Corp.), Facility Agreement (Seanergy Maritime Holdings Corp.)
Currency Indemnity. (a) If any sum due from an Obligor under the Finance Documents (a “Sum”), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “First Currency”) in which that Sum is payable into another currency (the “Second Currency”) for the purpose of:
(i) making or filing a claim or proof against that Obligor;; or
(ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor shall as an independent obligation, within three (3) Business Days of demand, indemnify each Finance Party to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit Vessel other than that in which it is expressed to be payable.
Appears in 4 contracts
Sources: Term Facility Agreement, Term Facility Agreement (KNOT Offshore Partners LP), Term and Revolving Facilities Agreement (KNOT Offshore Partners LP)
Currency Indemnity. (a) If any sum due from an Obligor under the Finance Documents (a “Sum”), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “First Currency”) in which that Sum is payable into another currency (the “Second Currency”) for the purpose of:
(i) making or filing a claim or proof against that Obligor;; and/or
(ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor shall shall, as an independent obligation, within three Business Days of demanddemand by a Finance Party, indemnify each Finance Party to whom that Sum is due against any cost, loss or liability Losses arising out of or as a result of the conversion including any discrepancy between (Ai) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (Bii) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 4 contracts
Sources: Facility Agreement (Navigator Holdings Ltd.), Facility Agreement (Navigator Holdings Ltd.), Facility Agreement (Cool Co Ltd.)
Currency Indemnity. (a) If any sum due from an Obligor under the Finance Documents (a “Sum”), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “First Currency”) in which that Sum is payable into another currency (the “Second Currency”) for the purpose of:
(i) making or filing a claim or proof against that Obligor;
(ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor shall as an independent obligation, within three Business Days of demand, indemnify each Finance Secured Party and the Arranger to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 4 contracts
Sources: Facility Agreement (InterXion Holding N.V.), Facility Agreement (InterXion Holding N.V.), Facility Agreement (InterXion Holding N.V.)
Currency Indemnity. (a) If any sum due from an Obligor under the Finance Documents (a “Sum”), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “First Currency”) in which that Sum is payable into another currency (the “Second Currency”) for the purpose of:
(i) making or filing a claim or proof against that Obligor;; or
(ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor shall as an independent obligation, within three 3 Business Days of demanddemand by the Agent, indemnify each Finance Party to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payablepayable (or in which it is otherwise determined to be payable pursuant to clause 34.10 (Change of currency).
Appears in 4 contracts
Sources: Senior Facilities Agreement (Luxfer Holdings PLC), Senior Facilities Agreement (Luxfer Holdings PLC), Senior Facilities Agreement (Luxfer Holdings PLC)
Currency Indemnity. (a) If any sum due from an Obligor under the Finance Documents (a “Sum”), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “First Currency”) in which that Sum is payable into another currency (the “Second Currency”) for the purpose of:
(i) making or filing a claim or proof against that Obligor;; or
(ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor shall as an independent obligation, within three (3) Business Days of demand, indemnify the Arranger and each Finance other Secured Party to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 3 contracts
Sources: Amendment and Restatement Agreement (Aegean Marine Petroleum Network Inc.), Loan Agreement (Aegean Marine Petroleum Network Inc.), Borrowing Base Facility Agreement (Aegean Marine Petroleum Network Inc.)
Currency Indemnity. (a) If any sum due from an Obligor under the Finance Documents (a “"Sum”"), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “"First Currency”") in which that Sum is payable into another currency (the “"Second Currency”") for the purpose of:
(i) making or filing a claim or proof against that Obligor;
(ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor shall as an independent obligation, within three Business Days of demand, indemnify each Finance Secured Party and the Arranger to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 3 contracts
Sources: Multipurpose Facilities Agreement (SunOpta Inc.), Senior Facilities Agreement (Alliance Data Systems Corp), Multipurpose Facilities Agreement (SunOpta Inc.)
Currency Indemnity. (a) If any sum due from an Obligor under the Finance Documents (a “Sum”), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “First Currency”) in which that Sum is payable into another currency (the “Second Currency”) for the purpose of:
(i) making or filing a claim or proof against that Obligor;; or
(ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor shall as an independent obligation, within three Business Days of demand, indemnify each Finance Party the Lender to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 3 contracts
Sources: Facility Agreement (McGraw-Hill Global Education Intermediate Holdings, LLC), Facility Agreement (Huang Julia), Facility Agreement (Cheng Zheng)
Currency Indemnity. (a) If any sum due from an Obligor under the Finance Documents (a “Sum”), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “First Currency”) in which that Sum is payable into another currency (the “Second Currency”) for the purpose of:
(i) making or filing a claim or proof against that Obligor;
(ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor shall as an independent obligation, within three Business Days of demand, indemnify each Finance Party to whom that Sum is due the Lender against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 3 contracts
Sources: Facility Agreement (Central European Distribution Corp), Facility Agreement (FreeSeas Inc.), Facility Agreement (FreeSeas Inc.)
Currency Indemnity. (a) If any sum due from an Obligor under the Finance Documents (a “Sum”), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “First Currency”) in which that Sum is payable into another currency (the “Second Currency”) for the purpose of:
(i) making or filing a claim or proof against that Obligor;
(ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor shall as an independent obligation, within three (3) Business Days of demand, indemnify each Finance Party to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 3 contracts
Sources: Facility Agreement (Marine Harvest ASA), Term Loan Facility Agreement (DHT Holdings, Inc.), Term Loan Facility Agreement (DHT Holdings, Inc.)
Currency Indemnity. (a) 15.1.1 If any sum due from an Obligor under the Finance Documents (a “Sum”), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “First Currency”) in which that Sum is payable into another currency (the “Second Currency”) for the purpose of:
(ia) making or filing a claim or proof against that Obligor;
(iib) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor shall as an independent obligation, within three Business Days of demand, indemnify each Finance Party to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (Ai) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (Bii) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) 15.1.2 Each Obligor waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 3 contracts
Sources: Committed Multicurrency Revolving Facility Agreement (Marconi Corp PLC), Distribution Agreement (Central European Distribution Corp), Committed Multicurrency Revolving Facility Agreement (Marconi Corp PLC)
Currency Indemnity. (a) If any sum due from an Obligor under the Finance Documents (a “Sum”), or any order, judgment or award given or made in relation to a Sum, has to must be converted from the currency (the “First Currency”) in which that Sum is payable into another currency (the “Second Currency”) for the purpose of:
(i) making or filing a claim or proof against that Obligor;; or
(ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor shall as an independent obligation, within three Business Days of demand, shall indemnify each Finance Secured Party to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person Person at the time of its receipt of that Sum.
(b) Each Obligor waives any right it may have in any jurisdiction to pay any amount under the any Finance Documents Document in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 3 contracts
Sources: Project Facilities Agreement and Intercreditor Agreement (Pacific Drilling S.A.), Project Facilities Agreement and Intercreditor Agreement (Pacific Drilling S.A.), Amendment and Restatement Agreement (Pacific Drilling S.A.)
Currency Indemnity. (a) If any sum due from an Obligor under the Finance Documents (a “Sum”), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “First Currency”) in which that Sum is payable into another currency (the “Second Currency”) for the purpose of:
(i) making or filing a claim or proof against that Obligor;; or
(ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor shall as an independent obligation, within three Business Days of demand, indemnify the MLABs and each Finance other Secured Party to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 3 contracts
Sources: Facilities Agreement (StarTek, Inc.), Facilities Agreement (StarTek, Inc.), Facilities Agreement (StarTek, Inc.)
Currency Indemnity. (a) 16.1.1 If any sum due from an Obligor under the Finance Documents (a “Sum”), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “First Currency”) in which that Sum is payable into another currency (the “Second Currency”) for the purpose of:
(ia) making or filing a claim or proof against that Obligor;; or
(iib) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, ,
(c) that Obligor shall as an independent obligation, within three Business Days of demand, indemnify the Arrangers and each Finance other Secured Party to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A1) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B2) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) 16.1.2 Each Obligor waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 3 contracts
Sources: Term Facility Agreement (Enstar Group LTD), Revolving Credit Facility Agreement (Enstar Group LTD), Term Facility Agreement (Enstar Group LTD)
Currency Indemnity. (a) If any sum due from an Obligor the Borrower under the Finance Documents (a “Sum”), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “First Currency”) in which that Sum is payable into another currency (the “Second Currency”) for the purpose of:
(i) making or filing a claim or proof against that Obligorthe Borrower;
(ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor the Borrower shall as an independent obligation, within three Business Days of demand, indemnify each Finance Party to whom that Sum is due the Lender against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor The Borrower waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 3 contracts
Sources: Facility Agreement (Mobile Telesystems Ojsc), Facility Agreement (Mobile Telesystems Ojsc), Facility Agreement (Mobile Telesystems Ojsc)
Currency Indemnity. (a) If any sum due from an Obligor under the Finance Documents (a “Sum”), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “First Currency”) in which that Sum is payable into another currency (the “Second Currency”) for the purpose of:
(i) making or filing a claim or proof against that Obligor;
(ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor shall as an independent obligation, within three 3 Business Days of demand, indemnify each Finance Party to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 3 contracts
Sources: Senior Revolving Credit Facility Agreement, Senior Revolving Credit Facility Agreement (Logitech International Sa), Multicurrency Revolving Facility Agreement (Anthracite Capital Inc)
Currency Indemnity. (a) If any sum due from an Obligor under the Finance Documents (a “"Sum”"), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “"First Currency”") in which that Sum is payable into another currency (the “"Second Currency”") for the purpose of:
(i) making or filing a claim or proof against that Obligor;
(ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor shall as an independent obligation, within three Business Days of demand, indemnify each Finance Party to whom that Sum is due the Lender against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 3 contracts
Sources: Rollover Loan Agreement (Freeseas Inc.), Facility Agreement (Far East Energy Corp), Working Capital Bridge Facility Agreement (Moscow Cablecom Corp)
Currency Indemnity. (a) If any sum due from an Obligor under the Finance Documents (a “"Sum”"), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “"First Currency”") in which that Sum is payable into another currency (the “"Second Currency”") for the purpose of:
(i) making or filing a claim or proof against that Obligor;
(ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor shall as an independent obligation, within three Business Days of demand, indemnify each Finance Party to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each To the extent permitted by applicable law, each Obligor waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 3 contracts
Sources: Facility Agreement (Kronos Worldwide Inc), Facility Agreement (Nl Industries Inc), Second Amendment Agreement (Kronos International Inc)
Currency Indemnity. (a) If any sum due from an Obligor under the Finance Documents (a “"Sum”"), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “"First Currency”") in which that Sum is payable into another currency (the “"Second Currency”") for the purpose of:
(i) making or filing a claim or proof against that Obligor;; or
(ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor shall as an independent obligation, within three Business Days of demand, indemnify each Finance Party to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.. LD943539/9
(b) Each Obligor waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 2 contracts
Sources: Multicurrency Term and Revolving Facilities Agreement (Xstrata PLC), Multicurrency Term and Revolving Facilities Agreement (Xstrata PLC)
Currency Indemnity. (a) If any sum due from an Obligor under the Finance Documents (a “"Sum”"), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “"First Currency”") in which that Sum is payable into another currency (the “"Second Currency”") for the purpose of:
(i) making or filing a claim or proof against that Obligorany of the Obligors;
(ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor the Obligors shall as an independent obligation, within three (3) Business Days of demand, indemnify each Finance Party to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (Aa) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (Bb) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor Obligors waives any right it any of them may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 2 contracts
Sources: Facility Agreement (DHT Holdings, Inc.), Facility Agreement (DHT Holdings, Inc.)
Currency Indemnity. (a) 13.1.1. If any sum due from an Obligor the Borrower under the Finance Documents (a “Sum”), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “First Currency”) in which that Sum is payable into another currency (the “Second Currency”) for the purpose of:
(i) 13.1.1.1. making or filing a claim or proof against that Obligor;the Borrower; or
(ii) 13.1.1.2. obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor shall the Borrower shall, as an independent obligation, within three Business Days of demand, indemnify each Finance Party to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency Currency; and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor 13.1.2. The Borrower waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 2 contracts
Sources: Term Loan Facility Agreement, Term Loan Facility Agreement (Sibanye Gold LTD)
Currency Indemnity. (a) If any sum due from an Obligor under the Finance Documents (a “"Sum”"), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “"First Currency”") in which that Sum is payable into another currency (the “"Second Currency”") for the purpose of:
(i) making or filing a claim or proof against that Obligor;
(ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor shall as an independent obligation, within three Business Days of demand, indemnify each Finance Party to whom that Sum is due against any cost, expense, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 2 contracts
Sources: Syndicated Facility Agreement (Metals Acquisition LTD), Syndicated Facility Agreement (Metals Acquisition Corp)
Currency Indemnity. (a) 16.1.1 If any sum due from an Obligor the Borrower under the Finance Documents (a “Sum”), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “First Currency”) in which that Sum is payable into another currency (the “Second Currency”) for the purpose of:
(ia) making or filing a claim or proof against that Obligorthe Borrower;
(iib) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor shall the Borrower shall, as an independent obligation, within three Business Days of demand, indemnify each Finance Party to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor 16.1.2 The Borrower waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 2 contracts
Sources: Borrowing Base Facility Agreement (MIE Holdings Corp), Shares Purchase Agreement (MIE Holdings Corp)
Currency Indemnity. (a) If any sum due from an Obligor under the Finance Documents (a “Sum”"SUM"), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “First Currency”"FIRST CURRENCY") in which that Sum is payable into another currency (the “Second Currency”"SECOND CURRENCY") for the purpose of:
(i) making or filing a claim or proof against that Obligor;
(ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor shall as an independent obligation, within three Business Days of demand, indemnify each Finance Party to whom that Sum is due the Lender against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 2 contracts
Sources: Facility Agreement (Harsco Corp), Facility Agreement (Harsco Corp)
Currency Indemnity. (a) 14.1.1 If any sum due from an Obligor the Borrower under the Finance Documents (a “Sum”), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “First Currency”) in which that Sum is payable into another currency (the “Second Currency”) for the purpose of:
(ia) making or filing a claim or proof against that Obligorthe Borrower;
(iib) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor the Borrower shall as an independent obligation, within three Business Days of demand, indemnify each Finance Party to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor 14.1.2 The Borrower waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 2 contracts
Sources: Facility Agreement (Hoegh LNG Partners LP), Facility Agreement (Hoegh LNG Partners LP)
Currency Indemnity. (a) If any sum due from an Obligor the Borrower under the Finance Documents (a “"Sum”"), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “"First Currency”") in which that Sum is payable into another currency (the “"Second Currency”") for the purpose of:
(i) making or filing a claim or proof against that Obligorthe Borrower;
(ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor the Borrower shall as an independent obligation, within three Business Days of demand, indemnify each Finance Party to whom that Sum is due the Lender against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor The Borrower waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 2 contracts
Sources: Facility Agreement (CALGON CARBON Corp), Bridge Facility Agreement (SBS Broadcasting S A)
Currency Indemnity. (a) 16.1.1 If any sum due from an Obligor under the Finance Documents (a “Sum”), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “First Currency”) in which that Sum is payable into another currency (the “Second Currency”) for the purpose of:
(ia) making or filing a claim or proof against that Obligor;; or
(iib) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, ,
(c) that Obligor shall as an independent obligation, within three Business Days of demand, indemnify the Arranger and each Finance other Secured Party to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A1) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B2) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) 16.1.2 Each Obligor waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 2 contracts
Sources: Term Facility Agreement (Enstar Group LTD), Term Facility Agreement (Enstar Group LTD)
Currency Indemnity. (a) If any sum due from an Obligor a Borrower under the Finance Documents (a “Sum”), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “First Currency”) in which that Sum is payable into another currency (the “Second Currency”) for the purpose of:
(i) making or filing a claim or proof against that Obligorthe Borrower;
(ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor Borrower shall as an independent obligation, obligation within three Business Days of demand, indemnify to the extent permitted by law each Finance Party to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor Borrower waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 2 contracts
Sources: Multicurrency Term and Revolving Facilities Agreement (Tenedor CORP), Revolving Credit Facility Agreement (General Geophysics Co)
Currency Indemnity. (a) If any sum due from an Obligor the Borrower under the Finance Documents this Contract (a “"Sum”"), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “"First Currency”") in which that Sum is payable into another currency (the “"Second Currency”") for the purpose of:
(i) making or filing a claim or proof against that Obligor;the Borrower; or
(ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor the Borrower shall as an independent obligation, within three 3 (three) Business Days of demand, indemnify each Finance Party to whom that Sum is due the Bank against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person the Bank at the time of its receipt of that Sum.
(b) Each Obligor The Borrower waives any right it may have in any jurisdiction to pay any amount under the Finance Documents this Contract in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 2 contracts
Sources: Finance Contract (Pacificorp /Or/), Finance Contract (Midamerican Energy Holdings Co /New/)
Currency Indemnity. (a) If any sum due from an Obligor the Company under the Finance Documents (a “Sum”), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “First Currency”) in which that Sum is payable into another currency (the “Second Currency”) for the purpose of:
(i) making or filing a claim or proof against that Obligorthe Company;
(ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor the Company shall as an independent obligation, within three Business Days of demand, indemnify each Finance Party and the Arranger to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor The Company waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 2 contracts
Sources: Standby Letter of Credit Facility Agreement (Montpelier Re Holdings LTD), £110,000,000 Standby Letter of Credit Facility Agreement (Montpelier Re Holdings LTD)
Currency Indemnity. (a) 16.1.1 If any sum due from an Obligor under the Finance Transaction Documents (a “Sum”), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “First Currency”) in which that Sum is payable into another currency (the “Second Currency”) for the purpose of:
(ia) making or filing a claim or proof against that such Obligor;
(iib) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor the Borrower shall as an independent obligation, obligation within three (3) Business Days of demand, demand indemnify each Finance Party to whom that Sum is due against any cost, loss or liability Loss arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum, in each case such rate of exchange to be the prevailing rate of exchange for such amount then available to the Finance Party.
(b) Each Obligor 16.1.2 The Borrower waives any right it may have in any jurisdiction to pay any amount under the Finance Transaction Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 2 contracts
Sources: Facility Agreement (Avolon Holdings LTD), Facility Agreement (Avolon Holdings LTD)
Currency Indemnity. (a) If any sum due from an Obligor the Obligors under the Finance Documents (a “"Sum”"), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “"First Currency”") in which that Sum is payable into another currency (the “"Second Currency”") for the purpose of:
(i) making or filing a claim or proof against that Obligor;
(ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor shall as an independent obligation, within three (3) Business Days of demand, indemnify each Finance Party to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 2 contracts
Sources: Amendment and Restatement Agreement (DHT Holdings, Inc.), Term Loan Facilities Agreement (DHT Holdings, Inc.)
Currency Indemnity. (a) If any sum due from an Obligor the Borrower under the Finance Documents (a “Sum”), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “First Currency”) in which that Sum is payable into another currency (the “Second Currency”) for the purpose of:
(ia) making or filing a claim or proof against that Obligor;the Borrower, or
(iib) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor the Borrower shall as an independent obligation, within three Business Days of demand, indemnify each Finance Party to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (Aa) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (Bb) the rate or rates of exchange available to that person Finance Party at the time of its receipt of that Sum.
(b) Each Obligor . The Borrower waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 2 contracts
Sources: Loan Agreement (Safe Bulkers, Inc.), Amending and Restating Agreement (Safe Bulkers, Inc.)
Currency Indemnity. (a) If any sum due from an Obligor a Borrower under the Finance Documents (a “Sum”), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “First Currency”) in which that Sum is payable into another currency (the “Second Currency”) for the purpose of:
(i) making or filing a claim or proof against that Obligorthe Borrower;
(ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor Borrower shall as an independent obligation, obligation within three Business Days of demand, indemnify to the extent permitted by law each Finance Party to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor Borrower waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 2 contracts
Sources: Facility Agreement (Legrand Holding Sa), Multicurrency Revolving Facility Agreement (Tercica Inc)
Currency Indemnity. (a) If any sum due from an Obligor under the Finance Documents (a “Sum”), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “First Currency”) in which that Sum is payable into another currency (the “Second Currency”) for the purpose of:
(i) making or filing a claim or proof against that Obligor;
(ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor shall as an independent obligation, within three 3 Business Days of demand, indemnify each Finance Party to whom which that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 2 contracts
Sources: Debtor in Possession Credit Agreement (Eagle Bulk Shipping Inc.), Credit Agreement (Eagle Bulk Shipping Inc.)
Currency Indemnity. (a) If any sum due from an Obligor under the Finance Documents (a “Sum”), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “First Currency”) in which that Sum is payable into another currency (the “Second Currency”) for the purpose of:
(i) making or filing a claim or proof against that Obligor;; or
(ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor shall as an independent obligation, within three 3 Business Days of demand, indemnify each Finance Party to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 2 contracts
Sources: Mandate Letter, Term Loan Facilities Agreement
Currency Indemnity. (a) If any sum due from an Obligor the Borrower under the Finance Documents (a “Sum”), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “First Currency”) in which that Sum is payable into another currency (the “Second Currency”) for the purpose of:
(i) making or filing a claim or proof against that Obligorthe Borrower;
(ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor the Borrower shall as an independent obligation, within three (3) Business Days of demand, indemnify each Finance Party to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (Aa) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (Bb) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor The Borrower waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 2 contracts
Sources: Facility Agreement (Nordic American Offshore Ltd.), Facility Agreement (Nordic American Offshore Ltd.)
Currency Indemnity. (aA) If any sum due from an Obligor the Borrower under the Finance Documents (a “Sum”), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “First Currency”) in which that Sum is payable into another currency (the “Second Currency”) for the purpose of:
(i1) making or filing a claim or proof against that Obligorthe Borrower;
(ii2) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor the Borrower shall as an independent obligation, within three Business Days of demand, indemnify each Finance Party to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (Ai) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (Bii) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(bB) Each Obligor The Borrower waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 2 contracts
Sources: Bridge and Term Facilities Agreement (Rentokil Initial PLC /Fi), Bridge and Term Facilities Agreement (Rentokil Initial PLC /Fi)
Currency Indemnity. (a) 15.1.1 If any sum due from an Obligor under the Finance Documents (a “Sum”), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “First Currency”) in which that Sum is payable into another currency (the “Second Currency”) for the purpose of:
(ia) making or filing a claim or proof against that Obligor;; or
(iib) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor shall as an independent obligation, within three Business Days of demand, indemnify each Senior Finance Party to whom that Sum is due against any costcost reasonably incurred, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) 15.1.2 Each Obligor waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 2 contracts
Sources: Senior Facilities Agreement (Atlatsa Resources Corp), Senior Term Loan and Revolving Facilities Agreement (Atlatsa Resources Corp)
Currency Indemnity. (a) If any sum due from an Obligor the Borrower under the Finance Documents (a “Sum”), or any order, judgment judgement or award given or made in relation to a Sum, has to be converted from the currency (the “First Currency”) in which that Sum is payable into another currency (the “Second Currency”) for the purpose of:
(ia) making or filing a claim or proof against that Obligorthe Borrower;
(iib) obtaining or enforcing an order, judgment judgement or award in relation to any litigation or arbitration proceedings, that Obligor the Borrower shall as an independent obligation, within three (3) Business Days of demand, indemnify each Finance Party to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor . The Borrower waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 2 contracts
Sources: Multi Currency Revolving Credit Facility Agreement (Gulfmark Offshore Inc), Long Term Facility Agreement (General Geophysics Co)
Currency Indemnity. (a) If any sum due from an Obligor under the Finance Documents (a “Sum”), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “First Currency”) in which that Sum is payable into another currency (the “Second Currency”) for the purpose of:
(i) making or filing a claim or proof against that Obligor;
(ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor shall as an independent obligation, within three Business Days of demand, indemnify each Finance Party the Lender to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 2 contracts
Sources: Facility Agreement (WABCO Holdings Inc.), Facility Agreement (WABCO Holdings Inc.)
Currency Indemnity. (a) If any sum due from an Obligor the Obligors under the Finance Documents (a “"Sum”"), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “"First Currency”") in which that Sum is payable into another currency (the “"Second Currency”") for the purpose of:
(i) making or filing a claim or proof against that Obligor;
(ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor shall as an independent obligation, within three (3) Business Days of demand, indemnify each Finance Party to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor Obigor waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 2 contracts
Sources: Term Loan Facility Agreement (DHT Holdings, Inc.), Term Loan Facility Agreement (DHT Holdings, Inc.)
Currency Indemnity. (ai) If any sum due from an Obligor under the Finance Documents (a “"Sum”"), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “"First Currency”") in which that Sum is payable into another currency (the “"Second Currency”") for the purpose of:
(iA) making or filing a claim or proof against that Obligor;
(iiB) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor shall as an independent obligation, within three Business Days of demand, indemnify each Finance Party to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(bii) Each To the extent permitted by applicable law, each Obligor waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 1 contract
Sources: Third Amendment Agreement (Kronos International Inc)
Currency Indemnity. (a) If any sum due from an Obligor under the Finance Documents (a “Sum”), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “First Currency”) in which that Sum is payable into another currency (the “Second Currency”) for the purpose of:
(i) making or filing a claim or proof against that Obligor;
(ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor the Obligors shall as an independent obligation, within three Business Days of demand, jointly and severally indemnify each Finance Party to whom that Sum is due the Lender against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 1 contract
Currency Indemnity. (a) If any sum due from an Obligor under the Finance Documents (a “"Sum”"), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “"First Currency”") in which that Sum is payable into another currency (the “"Second Currency”") for the purpose of:
(i) making or filing a claim or proof against that Obligor;; or
(ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor shall as an independent obligation, within three 3 Business Days of demand, indemnify each Finance Party to whom which that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 1 contract
Currency Indemnity. (a) If any sum due from an Obligor the Company under the Finance Transaction Documents (a “"Sum”"), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “"First Currency”") in which that Sum is payable into another currency (the “"Second Currency”") for the purpose of:
(i) making or filing a claim or proof against that Obligor;the Company; or
(ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor the Company shall as an independent obligation, within three Business Days of demand, indemnify each Finance Secured Party to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor The Company waives any right it may have in any jurisdiction to pay any amount under the Finance Transaction Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 1 contract
Sources: Common Terms Agreement
Currency Indemnity. (a) If any sum due from an Obligor the Borrower under the Finance Documents (a “Sum”), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “First Currency”) in which that Sum is payable into another currency (the “Second Currency”) for the purpose of:
(i) making or filing a claim or proof against that Obligorthe Borrower;
(ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor the Borrower shall as an independent obligation, within three (3) Business Days of demand, indemnify each Finance Party to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor the Borrower waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 1 contract
Sources: Second Supplemental Agreement (KNOT Offshore Partners LP)
Currency Indemnity. (a) If any sum due from an Obligor a Borrower under the Finance Documents (a “Sum”), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “First Currency”) in which that Sum is payable into another currency (the “Second Currency”) for the purpose of:
(i) making or filing a claim or proof against that ObligorBorrower;
(ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor Borrower shall as an independent obligation, within three Business Days of demand, indemnify each Finance Party to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor Borrower waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 1 contract
Sources: Revolving Facility Agreement (Alpha Beta Netherlands Holding N.V.)
Currency Indemnity. (a) If any sum due from an Obligor the Borrower under the Finance Documents (a “"Sum”"), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “"First Currency”") in which that Sum is payable into another currency (the “"Second Currency”") for the purpose of:
(i) making or filing a claim or proof against that Obligor;the Borrower; or
(ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor the Borrower shall as an independent obligation, within three (3) Business Days of demand, indemnify each Finance Party to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (Aa) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (Bb) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor The Borrower waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 1 contract
Currency Indemnity. (a) If any sum due from an Obligor the Borrower under the Finance Documents (a “"Sum”"), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “"First Currency”") in which that Sum is payable into another currency (the “"Second Currency”") for the purpose of:
(ia) making or filing a claim or proof against that Obligor;the Borrower, or
(iib) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor the Borrower shall as an independent obligation, within three Business Days of demand, indemnify each Finance Party to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (Aa) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (Bb) the rate or rates of exchange available to that person Finance Party at the time of its receipt of that Sum.
(b) Each Obligor . The Borrower waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 1 contract
Sources: Loan Agreement (Safe Bulkers, Inc.)
Currency Indemnity. (a) If any sum due from an Obligor under the Finance Documents (a “"Sum”"), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “"First Currency”") in which that Sum is payable into another currency (the “"Second Currency”") for the purpose of:
(i) making or filing a claim or proof against that Obligor;
(ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor shall as an independent obligation, within three five Business Days of demand, indemnify each Finance Party Holder to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 1 contract
Sources: Subscription Agreement (Radius Global Infrastructure, Inc.)
Currency Indemnity. (a) If any sum due from an Obligor the Borrower under the Finance Documents (a “"Sum”"), or any order, judgment judgement or award given or made in relation to a Sum, has to be converted from the currency (the “"First Currency”") in which that Sum is payable into another currency (the “"Second Currency”") for the purpose of:
(ia) making or filing a claim or proof against that Obligorthe Borrower;
(iib) obtaining or enforcing an order, judgment judgement or award in relation to any litigation or arbitration proceedings, that Obligor the Borrower shall as an independent obligation, within three (3) Business Days of demand, indemnify each Finance Party to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor . The Borrower waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 1 contract
Sources: Multi Currency Revolving Credit Facility Agreement (Gulfmark Offshore Inc)
Currency Indemnity. (a) If any sum due from an Obligor under the Finance Documents (a “Sum”), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “First Currency”) in which that Sum is payable into another currency (the “Second Currency”) for the purpose of:
(ia) making or filing a claim or proof against that Obligor;
(iib) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor shall as an independent obligation, within three Business Days of demand, indemnify each Finance Party to whom that Sum is due against (i) any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that SumSum and (ii) the costs involved in effecting any such currency conversion.
(b) Each Obligor waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 1 contract
Currency Indemnity. (a) If any sum due from an Obligor under the Finance Documents (a “Sum”), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “First Currency”) in which that Sum is payable into another currency (the “Second Currency”) for the purpose of:
(i) making or filing a claim or proof against that Obligor;
(ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor shall as an independent obligation, within three Business Days of demand, indemnify each Finance Party to whom that Sum is due against any cost, loss or liability Losses arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 1 contract
Sources: Facility Agreement (Danaos Corp)
Currency Indemnity. (a) If any sum due from an Obligor under the Finance Documents (a “Sum”), ) or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “First Currency”) in which that Sum is payable into another currency (the “Second Currency”) for the purpose of:
(i) making or filing a claim or proof against that Obligor;; or
(ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor shall as an independent obligation, within three (3) Business Days of demand, indemnify the Arranger and each Finance other Secured Party to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 1 contract
Sources: Amendment and Restatement Agreement (Aegean Marine Petroleum Network Inc.)
Currency Indemnity. (a) If any sum due from an Obligor under the Finance Documents (a “Sum”), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “First Currency”) in which that Sum is payable into another currency (the “Second Currency”) for the purpose of:
(i) making or filing a claim or proof against that an Obligor;; or
(ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that each Obligor shall as an independent obligation, within three (3) Business Days of demand, indemnify each the Finance Party to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 1 contract
Sources: Term Loan Facility Agreement (KNOT Offshore Partners LP)
Currency Indemnity. (a) If any sum due from an Obligor under the Finance Documents (a “Sum”), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “First Currency”) in which that Sum is payable into another currency (the “Second Currency”) for the purpose of:
(i) making or filing a claim or proof against that Obligor;; or
(ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor shall as an independent obligation, within three Business Days of demand, indemnify the Arranger and each Finance other Secured Party to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 1 contract
Sources: Facility Agreement (Cascal N.V.)
Currency Indemnity. (a) If any sum due from an Obligor the Borrower under the Finance Documents (a “Sum”), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “First Currency”) in which that Sum is payable into another currency (the “Second Currency”) for the purpose of:
(i) making or filing a claim or proof against that Obligorthe Borrower;
(ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor the Borrower shall as an independent obligation, within three Business Days of demand, indemnify each Finance Party to whom that Sum is due against any cost, loss or liability arising directly (unless suffered by reason of the gross negligence or wilful default of a Finance Party) out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor The Borrower waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 1 contract
Sources: Facility Agreement (AstraZeneca Biopharmaceuticals Inc.)
Currency Indemnity. (a) If any sum due from an Obligor under the Finance Documents (a “Sum”), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “First Currency”) in which that Sum is payable into another currency (the “Second Currency”) for the purpose of:
(i) making or filing a claim or proof against that Obligor;; or
(ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor shall as an independent obligation, within three Business Days of demand, indemnify each Finance Party to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between between
(A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 1 contract
Sources: Facility Agreement
Currency Indemnity. (aA) If any sum due from an Obligor under the Finance Documents (a “Sum”), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “First Currency”) in which that Sum is payable into another currency (the “Second Currency”) for the purpose of:
(i1) making or filing a claim or proof against that Obligor;; or
(ii2) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor shall as an independent obligation, within three Business Days of demand, indemnify each Finance Party to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(bB) Each Obligor waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 1 contract
Sources: Multicurrency Revolving Facility Agreement (Endava PLC)
Currency Indemnity. (a) 12.1.1 If any sum due from an Obligor under the Finance Transaction Documents (a “Sum”), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “First Currency”) in which that Sum is payable into another currency (the “Second Currency”) for the purpose of:
(ia) making or filing a claim or proof against that Obligor;; or
(iib) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor shall shall, as an independent obligation, within three Business Days of demand, indemnify each Finance Secured Party to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (Ai) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (Bii) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) 12.1.2 Each Obligor waives any right it may have in any jurisdiction to pay any amount under the Finance Transaction Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 1 contract
Currency Indemnity. (a) If any sum due from an Obligor under the Finance Documents (a “Sum”), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “First Currency”) in which that such Sum is payable into another currency (the “Second Currency”) for the purpose of:
(i) making or filing a claim or proof against that Obligor;
(ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that such Obligor shall shall, as an independent obligation, within three Business Days of demand, indemnify each Finance Party to whom that such Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that such Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that such Sum.
(b) Each Obligor waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 1 contract
Currency Indemnity. (a) 15.1.1 If any sum due from an Obligor under the Finance Documents (a “Sum”), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “First Currency”) in which that Sum is payable into another currency (the “Second Currency”) for the purpose of:
(iA) making or filing a claim or proof against that Obligor;; or
(iiB) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor shall as an independent obligation, within three Business Days of demand, indemnify each Finance Party to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (Ai) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (Bii) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) 15.1.2 Each Obligor waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 1 contract
Currency Indemnity. (a) If any sum due from an Obligor under the Finance Documents (a “Sum”), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “First Currency”) in which that Sum is payable into another currency (the “Second Currency”) for the purpose of:
(i) making or filing a claim or proof against that Obligor;
(ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor shall as an independent obligation, within three Business Days of demand, indemnify each Finance Party to whom that Sum is due the Lenders against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 1 contract
Currency Indemnity. (a) If any sum due from an Obligor under the Finance Documents (a “Sum”), ) or any order, judgment or award given or made in relation to a Sum, Sum has to be converted from the currency (the “First Currency”) in which that Sum is payable into another currency (the “Second Currency”) for the purpose of:
(i) making or filing a claim or proof against that Obligor;
(ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor shall as an independent obligation, within three Business Days of demand, indemnify each Finance Secured Party to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (Aa) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (Bb) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor The Borrower waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 1 contract
Sources: Amendment and Restatement Agreement (Hamilton Insurance Group, Ltd.)
Currency Indemnity. (a) If any sum due from an Obligor under the Finance Documents (a “Sum”), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “First Currency”) in which that Sum is payable into another currency (the “Second Currency”) for the purpose of:
(i) making or filing a claim or proof against that Obligor;; or
(ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor the Company shall as an independent obligation, within three Business Days of demand, indemnify each Finance Secured Party to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 1 contract
Sources: Amendment and Restatement Agreement (IHS Holding LTD)
Currency Indemnity. (a) If any sum due from an Obligor under the Finance Documents (a “Sum”), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “First Currency”) in which that Sum is payable into another currency (the “Second Currency”) for the purpose of:
(i) making or filing a claim or proof against that Obligor;; and/or
(ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor shall shall, as an independent obligation, within three Business Days of demanddemand by a Finance Party, indemnify each Finance Party to whom that Sum is due against any cost, loss or liability Losses arising out of or as a result of the conversion including any discrepancy between (Ai) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (Bii) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(ba) Each Obligor waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 1 contract
Currency Indemnity. (a) If any sum due from an Obligor under the Finance Documents (a “Sum”), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “First Currency”) in which that Sum is payable into another currency (the “Second Currency”) for the purpose of:
(i) making or filing a claim or proof against that Obligor;
(ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor shall as an independent obligation, within three Business Days of demand, indemnify each Finance Party to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Unless otherwise required by law, each Obligor waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 1 contract
Currency Indemnity. (a) If any sum due from an Obligor under the Finance Documents (a “Sum”), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “First Currency”) in which that Sum is payable into another currency (the “Second Currency”) for the purpose of:
(i) making or filing a claim or proof against that Obligor;
(ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor shall as an independent obligation, within three Business Days of demand, indemnify each Finance Party to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.. Back to Contents
Appears in 1 contract
Currency Indemnity. (a) 10.1.1 If any sum due from an Obligor the Guarantor under the Finance Documents this Deed (a “Sum”), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “First Currency”) in which that Sum is payable into another currency (the “Second Currency”) for the purpose of:
(i) making or filing a claim or proof against that Obligor;the Guarantor; or
(ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor the Guarantor shall as an independent obligation, within three Business Days of demand, indemnify each Finance Party Beneficiary to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor 10.1.2 The Guarantor waives any right it may have in any jurisdiction to pay any amount under the Finance Documents this Deed in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 1 contract
Sources: Guarantee (Micron Technology Inc)
Currency Indemnity. (a) If any sum due from an Obligor under the Finance Interim Documents (a “Sum”), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “First Currency”) in which that Sum is payable into another currency (the “Second Currency”) for the purpose of:
(i) making or filing a claim or proof against that Obligor;; or
(ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor shall as an independent obligation, within three Business Days of demand, indemnify the Arranger and each other Interim Finance Party to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor waives any right it may have in any jurisdiction to pay any amount under the Finance Interim Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 1 contract
Sources: Interim Facility Letter (Platform Specialty Products Corp)
Currency Indemnity. (a) 15.1.1 If any sum due from an Obligor under the Finance Documents (a “Sum”), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “First Currency”) in which that Sum is payable into another currency (the “Second Currency”) for the purpose of:
(i) 15.1.1.1 making or filing a claim or proof against that Obligor;
(ii) 15.1.1.2 obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor shall as an independent obligation, within three 3 Business Days of demand, indemnify each Finance Party to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) 15.1.2 Each Obligor waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 1 contract
Sources: Term Loan and Multicurrency Revolving Facilities Agreement (AVG Technologies N.V.)
Currency Indemnity. (a) If any sum due from an Obligor under the Finance Documents (a “"Sum”"), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “"First Currency”") in which that Sum is payable into another currency (the “"Second Currency”") for the purpose of:
(i) making or filing a claim or proof against that Obligor;
(ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor shall as an independent obligation, within three Business Days of demand, indemnify each Finance Party to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.. Back to Contents
Appears in 1 contract
Sources: Multicurrency Revolving Facility Agreement (Wolseley PLC)
Currency Indemnity. (a) If any sum due from an Obligor under the Finance Documents (a “Sum”), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “First Currency”) in which that Sum is payable into another currency (the “Second Currency”) for the purpose of:
(i) making or filing a claim or proof against that Obligor;
(ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor the Parent shall as an independent obligation, within three Business Banking Days of demand, indemnify each Finance Party to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 1 contract
Currency Indemnity. (a) If any sum due from an Obligor under the Finance Documents (a “Sum”), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “First Currency”) in which that Sum is payable into another currency (the “Second Currency”) for the purpose of:
(i) making or filing a claim or proof against that Obligor;; or
(ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, the Borrower shall on behalf of that Obligor shall as an independent obligation, within three Business Days of demand, indemnify each Finance Party to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor of the Borrower and the Guarantor on behalf of itself and each other Obligors waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 1 contract
Currency Indemnity. (a) If any sum due from an Obligor under the Finance Documents (a “Sum”), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “First Currency”) in which that Sum is payable into another currency (the “Second Currency”) for the purpose of:
(i) making or filing a claim or proof against that Obligor;; or
(ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor shall as an independent obligation, within three Business Days of demand, indemnify each Finance Party to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.. LD857960/38
(b) Each Obligor waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 1 contract
Sources: Multicurrency Term and Revolving Facilities Agreement (Xstrata PLC)
Currency Indemnity. (a) If any sum due from an Obligor under the Finance Documents (a “"Sum”"), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “"First Currency”") in which that Sum is payable into another currency (the “"Second Currency”") for the purpose of:
(i) making or filing a claim or proof against that Obligor;
(ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor shall as an independent obligation, within three ten Business Days of demand, indemnify each Finance Party to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 1 contract
Sources: Senior Secured Credit Facility (United Pan Europe Communications Nv)
Currency Indemnity. (a) If any sum due from an Obligor the Borrower under the Finance Documents (a “"Sum”"), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “"First Currency”") in which that Sum is payable into another currency (the “"Second Currency”") for the purpose of:
(i) making or filing a claim or proof against that Obligorthe Borrower;
(ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor the Borrower shall as an independent obligation, within three Business Days of demand, indemnify each Finance Party to whom that Sum is due against any cost, loss or liability arising directly (unless suffered by reason of the gross negligence or wilful default of a Finance Party) out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor The Borrower waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 1 contract
Sources: Facility Agreement (AstraZeneca Biopharmaceuticals Inc.)
Currency Indemnity. (a) If any sum due from an Obligor under the Finance Documents (a “Sum”), or any order, judgment or award given or made in relation to a Sum, has to be converted from the currency (the “First Currency”) in which that Sum is payable into another currency (the “Second Currency”) for the purpose of:
(i) making or filing a claim or proof against that Obligor;; or
(ii) obtaining or enforcing an order, judgment or award in relation to any litigation or arbitration proceedings, that Obligor shall as an independent obligation, within three Business Days of demand, indemnify each Finance other Secured Party to whom that Sum is due against any cost, loss or liability arising out of or as a result of the conversion including any discrepancy between (A) the rate of exchange used to convert that Sum from the First Currency into the Second Currency and (B) the rate or rates of exchange available to that person at the time of its receipt of that Sum.
(b) Each Obligor waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Appears in 1 contract