Common use of Judgment Currency Clause in Contracts

Judgment Currency. (a) If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder in one currency into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.

Appears in 170 contracts

Samples: First Lien Credit Agreement (Clarios International Inc.), Credit Agreement (Koppers Holdings Inc.), Credit Agreement (Blackstone Inc.)

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Judgment Currency. (a) If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder in one currency into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which which, in accordance with normal banking procedures in the relevant jurisdiction jurisdiction, the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.

Appears in 67 contracts

Samples: Revolving Credit Agreement (Bunge Global SA), Credit Agreement (Bunge Global SA), Guarantee Agreement (Synopsys Inc)

Judgment Currency. (a) If, for the purpose purposes of obtaining judgment in any court, it is necessary to convert a sum owing due hereunder in one currency Dollars into another currency, each party the parties hereto agreesagree, to the fullest extent that it may effectively do sopermitted by Law, that the rate of exchange used shall be that at which which, in accordance with normal banking procedures in procedures, the relevant jurisdiction the first currency Administrative Agent could be purchased purchase Dollars with such other currency at the buying spot rate of exchange in the New York foreign exchange market on the Business Day immediately preceding the day that on which final judgment any such judgment, or any relevant part thereof, is given.

Appears in 33 contracts

Samples: Credit Agreement and Guaranty (BioXcel Therapeutics, Inc.), Credit Agreement (Tpi Composites, Inc), Credit Agreement (Fractyl Health, Inc.)

Judgment Currency. (a) If, If for the purpose of obtaining judgment in any court, court it is necessary to convert a sum owing due hereunder in one currency into another currency, each party the parties hereto agreesagree, to the fullest extent that it they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction Administrative Agent could purchase the first currency could be purchased with such other currency in the city in which it normally conducts its foreign exchange operation for the first currency on the Business Day immediately preceding the day on which final judgment is given.

Appears in 19 contracts

Samples: Day Revolving Credit Agreement (GE HealthCare Technologies Inc.), 364 Day Revolving Credit Agreement (GE Healthcare Holding LLC), Term Loan Agreement (GE Healthcare Holding LLC)

Judgment Currency. (a) If, If for the purpose of obtaining judgment in any court, court it is necessary to convert a sum owing due hereunder in one currency into another currency, each party the parties hereto agreesagree, to the fullest extent that it they may effectively do soso under applicable law, that the rate of exchange used shall be that the spot rate at which in accordance with normal banking procedures in the relevant jurisdiction the first currency could be purchased in New York City with such other currency by the person obtaining such judgment on the Business Day immediately preceding the day that on which final judgment is given.

Appears in 16 contracts

Samples: Restructuring Support Agreement (Washington Prime Group, L.P.), Senior Secured Term Loan Agreement (Washington Prime Group, L.P.), Term Loan Agreement (Washington Prime Group, L.P.)

Judgment Currency. (a) If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder in one currency dollars into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency dollars could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.

Appears in 16 contracts

Samples: Credit Agreement (NCR Corp), Credit Agreement (NCR Atleos, LLC), Credit Agreement (CDW Corp)

Judgment Currency. (a) If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder in one currency USD into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency USD could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.

Appears in 14 contracts

Samples: Loan and Security Agreement (Goldman Sachs Private Middle Market Credit LLC), Loan and Security Agreement (Goldman Sachs Private Middle Market Credit LLC), Loan and Security Agreement (Goldman Sachs Private Middle Market Credit II LLC)

Judgment Currency. (a) If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder in one currency U.S. Dollars into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency U.S. Dollars could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.

Appears in 11 contracts

Samples: Restructuring Support Agreement (Starry Group Holdings, Inc.), Credit Agreement (Minerals Technologies Inc), Credit Agreement (Minerals Technologies Inc)

Judgment Currency. (a) If, If for the purpose purposes of obtaining judgment in any court, court it is necessary to convert a sum owing due hereunder in one currency Dollars into another currency, each party the parties hereto agreesagree, to the fullest extent that it they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency Agent could be purchased purchase Dollars with such other currency at the exchange rate on the Business Day immediately preceding the day that on which final judgment is given.

Appears in 10 contracts

Samples: Letter of Credit Facility Agreement (Eastman Kodak Co), Credit Agreement (Eastman Kodak Co), Letter of Credit Facility Agreement (Eastman Kodak Co)

Judgment Currency. (a) If, If for the purpose purposes of obtaining judgment in any court, court it is necessary to convert a sum owing due hereunder in one any currency into (the “Original Currency”) to another currencycurrency (the “Other Currency”), each party the parties hereto agreesagree, to the fullest extent that it they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency could be purchased with such other currency Spot Rate on the second Business Day immediately preceding the day that on which final judgment is given.

Appears in 10 contracts

Samples: Receivables Financing Agreement (Herc Holdings Inc), Assignment and Assumption Agreement, Receivables Financing Agreement (Herc Holdings Inc)

Judgment Currency. (a) If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder in one currency into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency could be purchased by the Administrative Agent with such other currency on the Business Day immediately preceding the day on which final judgment is given.

Appears in 8 contracts

Samples: Fourth Amendment Agreement (Ecovyst Inc.), Patent Security Agreement (PQ Group Holdings Inc.), Security Agreement (Hayward Holdings, Inc.)

Judgment Currency. (a) If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder in one currency US Dollars into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency US Dollars could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.

Appears in 8 contracts

Samples: Revolving Credit Agreement (Victoria's Secret & Co.), Revolving Credit Agreement (Bath & Body Works, Inc.), Revolving Credit Agreement (Victoria's Secret & Co.)

Judgment Currency. (a) If, If for the purpose of obtaining judgment in any court, court it is necessary to convert a sum owing due hereunder in one currency into another currency, each party the parties hereto agreesagree, to the fullest extent that it they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction Administrative Agent could purchase the first currency could be purchased with such other currency in the city in which it normally conducts its foreign exchange operation for the first currency on the Business Day immediately preceding the day on which final judgment is given.

Appears in 7 contracts

Samples: Guarantee Agreement, Term Loan Credit Agreement, Credit Agreement (NBCUniversal Media, LLC)

Judgment Currency. (a) If, If for the purpose purposes of obtaining judgment in any court, court it is necessary to convert a sum owing due hereunder in one currency into another currency, each party the parties hereto agreesagree, to the fullest extent that it they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction Administrative Agent could purchase the first currency could be purchased with such other currency at Citibank N.A.’s principal office in London at 11:00 A.M. (London time) on the Business Day immediately preceding the day that on which final judgment is given.

Appears in 7 contracts

Samples: Term Loan Agreement (Digital Realty Trust, L.P.), Global Senior Credit Agreement (Digital Realty Trust, L.P.), Global Senior Credit Agreement (Digital Realty Trust, L.P.)

Judgment Currency. (a) If, If for the purpose purposes of obtaining judgment in any court, court it is necessary to convert a sum owing due hereunder in one currency Dollars into another currency, each party the parties hereto agreesagree, to the fullest extent that it they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency Agent could be purchased purchase Dollars with such other currency at the Exchange Rate on the Business Day immediately preceding the day that on which final judgment is given.

Appears in 7 contracts

Samples: Intercreditor Agreement (Eastman Kodak Co), Loan Agreement, Loan Agreement

Judgment Currency. (a) If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder in one currency into another currency, each party hereto (and by its acceptance of its appointment in such capacity, each Lead Arranger) agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which which, in accordance with normal banking procedures in the relevant jurisdiction jurisdiction, the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.

Appears in 6 contracts

Samples: Credit Agreement (Allegro Microsystems, Inc.), Term Loan Credit Agreement (Allegro Microsystems, Inc.), Credit Agreement (Savers Value Village, Inc.)

Judgment Currency. (a) If, for the purpose purposes of obtaining judgment in any court, it is necessary to convert a sum owing due hereunder in one currency Dollars into another currency, each party the parties hereto agreesagree, to the fullest extent that it may effectively do sopermitted by Law, that the rate of exchange used shall be that at which which, in accordance with normal banking procedures in procedures, the relevant jurisdiction the first currency Agent could be purchased purchase Dollars with such other currency at the buying spot rate of exchange in the New York foreign exchange market on the Business Day immediately preceding the day that on which final judgment any such judgment, or any relevant part thereof, is given.

Appears in 5 contracts

Samples: Credit Agreement and Guaranty (Nevro Corp), Credit Agreement and Guaranty (Allurion Technologies, Inc.), Credit Agreement and Guaranty (Allurion Technologies Holdings, Inc.)

Judgment Currency. (a) If, If for the purpose purposes of obtaining judgment in any court, court it is necessary to convert a sum owing due hereunder or under the Notes in one any currency (the "Original Currency") into another currency, each party currency (the "Other Currency") the parties hereto agreesagree, to the fullest extent that it they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction Administrative Agent could purchase the first currency could be purchased Original Currency with such other currency the Other Currency at 11:00 A.M. on the second Business Day immediately preceding the day that on which final judgment is given.

Appears in 4 contracts

Samples: Credit Agreement (Agco Corp /De), Credit Agreement (Fresh Del Monte Produce Inc), Credit Agreement (Agco Corp /De)

Judgment Currency. (a) If, If for the purpose of obtaining judgment in any court, court it is necessary to convert a sum owing due hereunder in one currency into another currency, each party the parties hereto agreesagree, to the fullest extent that it they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction Collateral Agent could purchase the first currency could be purchased with such other currency in the city in which it normally conducts its foreign exchange operation for the first currency on the Business Day immediately preceding the day on which final judgment is given.

Appears in 4 contracts

Samples: Guarantee and Collateral Agreement (Lucent Technologies Inc), Guarantee and Collateral Agreement (Lucent Technologies Inc), Guarantee and Collateral Agreement (Lucent Technologies Inc)

Judgment Currency. (a) If, If for the purpose purposes of obtaining judgment in any court, court it is necessary to convert a sum owing due hereunder in one any currency into (the “Original Currency”) to another currencycurrency (the “Other Currency”), each party hereto of the Performance Guarantors agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency could be purchased with such other currency Spot Rate on the second Business Day immediately preceding the day that on which final judgment is given.

Appears in 3 contracts

Samples: Performance Undertaking Agreement, Performance Undertaking Agreement (Reynolds Group Holdings LTD), Performance Undertaking Agreement (Reynolds Group Holdings LTD)

Judgment Currency. (a) If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder or under any other Loan Document in one currency into another currency, each party hereto and each Loan Party (and by its acceptance of its appointment in such capacity, each Lead Arranger) agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which which, in accordance with normal banking procedures in the relevant jurisdiction jurisdiction, the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.

Appears in 3 contracts

Samples: Abl Revolving Credit Agreement (Petco Health & Wellness Company, Inc.), First Lien Credit Agreement (Petco Health & Wellness Company, Inc.), Term Loan Credit Agreement (Domtar CORP)

Judgment Currency. (a) If, If for the purpose of obtaining judgment in any court, court it is necessary to convert a sum owing due hereunder in one currency into another currency, each party the parties hereto agreesagree, to the fullest extent that it they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction Administrative Agent could purchase the first currency could be purchased with such other currency in the city in which it normally conducts its foreign exchange operation for the first currency on the Business Day immediately preceding the day on which final judgment is given.

Appears in 3 contracts

Samples: Credit Agreement (General Electric Co), Credit Agreement (General Electric Co), Credit Agreement (General Electric Co)

Judgment Currency. (a) If, for the purpose purposes of obtaining judgment in any court, it is necessary to convert a sum owing due hereunder or any other Loan Document in one currency into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction Administrative Agent could purchase the first currency could be purchased with such other currency on the Business Day immediately preceding the day that on which final judgment is given.

Appears in 3 contracts

Samples: Revolving Credit and Guaranty Agreement (Coupang, Inc.), Revolving Credit and Guaranty Agreement (Coupang, Inc.), Revolving Credit and Guaranty Agreement (Coupang, Inc.)

Judgment Currency. (a) If, for the purpose purposes of obtaining judgment in any court, it is necessary to convert a sum owing due hereunder or any other Loan Document in one currency into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction Administrative Agent could purchase the first currency could be purchased with such other currency on the Business Day immediately preceding the day that on which final judgment is given.is

Appears in 3 contracts

Samples: Credit Agreement (Maravai Lifesciences Holdings, Inc.), Credit Agreement (Maravai Lifesciences Holdings, Inc.), Credit Agreement (RR Donnelley & Sons Co)

Judgment Currency. (a) If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder in one currency into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.. 109

Appears in 3 contracts

Samples: Credit Agreement (Knowles Electronics LLC), Credit Agreement (Knowles Electronics LLC), Credit Agreement (Knowles Electronics LLC)

Judgment Currency. (a) If, If for the purpose of obtaining judgment in any court, court it is necessary to convert a sum owing due hereunder in one currency into another currency, each party hereto the Guarantor agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which which, in accordance with normal banking procedures in procedures, the relevant jurisdiction Administrative Agent could purchase the first currency could be purchased with such other currency in the city in which is located the Administrative Agent account for the first currency on the Business Day immediately preceding following the day on which final judgment is given.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Case Corp), Revolving Credit Agreement (Case Credit Corp)

Judgment Currency. (a) If, If for the purpose of obtaining judgment in any court, court it is necessary to convert a sum owing due hereunder in one currency into another currency, each party the parties hereto agreesagree, to the fullest extent that it they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction each Holder could purchase the first currency could be purchased with such other currency in the City of New York, New York for the first currency on the Business Day immediately preceding the day on which final judgment is given.

Appears in 2 contracts

Samples: Investment Agreement (Acterna Corp), Investment Agreement (Acterna Corp)

Judgment Currency. (a) IfTo the extent permitted by applicable law, if for the purpose purposes of obtaining judgment in any court, court it is necessary to convert a sum owing due hereunder in one currency US Dollars into another currency, each party the parties hereto agreesagree, to the fullest extent that it they may effectively do so, that the rate of exchange used shall be that at which determined in accordance with normal banking procedures in the relevant jurisdiction the first currency could be purchased with such other currency Section 1.04 of this Agreement on the Business Day immediately preceding the day that on which final judgment is given.

Appears in 2 contracts

Samples: Credit Agreement (Laidlaw International Inc), Credit Agreement (Laidlaw International Inc)

Judgment Currency. (a) If, If for the purpose of obtaining judgment in any court, court it is necessary to convert a sum owing due hereunder in one currency into another currency, each party the parties hereto agreesagree, to the fullest extent that it they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction Administrative Agent could purchase the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.

Appears in 2 contracts

Samples: Credit Agreement (Jafra Cosmetics International Sa De Cv), Credit Agreement (Jafra Worldwide Holdings Lux Sarl)

Judgment Currency. (a) If, for the purpose purposes of obtaining judgment in any court, it is necessary to convert a sum owing due hereunder in one or under the Revolving Note from a currency (the “Original Currency”) into another currencycurrency (the “Other Currency”), each party the parties hereto agreesagree, to the fullest extent that it they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency could be purchased with such other currency rate of exchange prevailing on the Business Day business day immediately preceding the day on which final judgment is given.

Appears in 2 contracts

Samples: Loan Agreement (Fossil Inc), Loan Agreement (Fossil Inc)

Judgment Currency. (a) If, If for the purpose of obtaining judgment in any court, court it is necessary to convert a sum owing due hereunder in one currency into another currency, each party the parties hereto agreesagree, to the fullest extent that it they may effectively lawfully do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction Administrative Agent could purchase the first currency could be purchased with such other cur- rency in the city in which it normally conducts its foreign exchange operation for the first currency on the Business Day immediately preceding the day on which final judgment is given.

Appears in 2 contracts

Samples: Credit Agreement (Applied Power Inc), Credit Agreement (Actuant Corp)

Judgment Currency. (a) IfTo the extent permitted by applicable law, if for the purpose purposes of obtaining judgment in any court, court it is necessary to convert a sum owing due hereunder in one currency United States Dollars into another currency, each party the parties hereto agreesagree, to the fullest extent that it they may effectively do so, that the rate of exchange used shall be that at which determined in accordance with normal banking procedures in the relevant jurisdiction the first currency could be purchased with such other currency Section 1.3 of this Agreement on the Business Day immediately preceding the day that on which final judgment is given.

Appears in 2 contracts

Samples: Credit Agreement (Aircastle LTD), Credit Agreement (Aircastle LTD)

Judgment Currency. (a) If, for the purpose purposes of obtaining judgment in any court, it is necessary to convert a sum owing due hereunder or any other Loan Document in one currency into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking 142 procedures in the relevant jurisdiction Administrative Agent could purchase the first currency could be purchased with such other currency on the Business Day immediately preceding the day that on which final judgment is given.

Appears in 2 contracts

Samples: Counterpart Agreement (Coupang, Inc.), Counterpart Agreement (Coupang, Inc.)

Judgment Currency. (a) If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder in one currency dollars into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency dollars could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.. 219

Appears in 2 contracts

Samples: Credit Agreement (Graftech International LTD), Credit Agreement (Graftech International LTD)

Judgment Currency. (a) If, If for the purpose of obtaining judgment in any court, court it is necessary to convert a sum owing due hereunder in one currency Currency into another currencyCurrency, each party the parties hereto agreesagree, to the fullest extent that it they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction Administrative Agent could purchase the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.

Appears in 2 contracts

Samples: Pledge Agreement (Chartwell Leisure Inc), Credit Agreement (Chartwell Leisure Inc)

Judgment Currency. (a) If3.If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder in one currency dollars into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency dollars could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.

Appears in 2 contracts

Samples: Borrowing Subsidiary Joinder Agreement (Murphy USA Inc.), Credit Agreement (Murphy USA Inc.)

Judgment Currency. (a) If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder in one currency into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.in

Appears in 1 contract

Samples: Credit Agreement (Virtus Investment Partners, Inc.)

Judgment Currency. (a%3) If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder in one currency US Dollars into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency US Dollars could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.

Appears in 1 contract

Samples: Restatement Agreement (L Brands, Inc.)

Judgment Currency. (a) If, If for the purpose of obtaining judgment in any court, court it is necessary to convert a sum owing due hereunder in one currency into another currency, each party the parties hereto agreesagree, to the fullest extent that it they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction Paying Agent could purchase the first currency could be purchased with such other currency in the city in which it normally conducts its foreign exchange operations for the first currency on the Business Day immediately preceding the day on which final judgment is given.

Appears in 1 contract

Samples: Five Year Credit Agreement (Genworth Financial Inc)

Judgment Currency. (a) If, If for the purpose of obtaining judgment in any court, court it is necessary to convert a sum owing due hereunder in one currency into another currency, each party the parties hereto agreesagree, to the fullest extent that it they may effectively do so, under applicable law that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction Trustee could purchase the first currency could be purchased with such other currency in the city in which it normally conducts its foreign exchange operation for the first currency on the Business Day immediately preceding the day on which final judgment is given.

Appears in 1 contract

Samples: Supplemental Indenture (DIEBOLD NIXDORF, Inc)

Judgment Currency. (a) If, If for the purpose of obtaining judgment in any court, court it is necessary to convert a sum owing due hereunder in one currency into another currency, each party the parties hereto agreesagree, to the fullest extent that it they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction Lender could purchase the first currency could be purchased with such other currency in the city in which it normally conducts its foreign exchange operation for the first currency on the Business Day immediately preceding the day on which final judgment is given.

Appears in 1 contract

Samples: Credit Agreement (ALTERRA CAPITAL HOLDINGS LTD)

Judgment Currency. (a) If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder in one currency dollars into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency U.S. dollars could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.

Appears in 1 contract

Samples: Global Intercompany Consent Agreement (GoPro, Inc.)

Judgment Currency. (a) If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder in one currency Dollars into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency Dollars could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.. 163

Appears in 1 contract

Samples: Credit Agreement (Abm Industries Inc /De/)

Judgment Currency. (a) If, If for the purpose of obtaining judgment in any court, court it is necessary to convert a sum owing due hereunder in one currency into another currency, each party the parties hereto agreesagree, to the fullest extent that it they may effectively do soso under applicable law, that the rate of exchange used shall be that the spot rate at which in accordance with normal banking procedures in the relevant jurisdiction the first currency could be purchased in New York City with such other currency by the person obtaining such judgment on the Business Day immediately preceding the day that on which final judgment is given.

Appears in 1 contract

Samples: Term Loan Agreement (WP Glimcher Inc.)

Judgment Currency. (akk) If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder in one currency U.S. Dollars into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency U.S. Dollars could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.

Appears in 1 contract

Samples: Credit Agreement (NICE Ltd.)

Judgment Currency. (a) If, for the purpose purposes of obtaining judgment in any court, it is necessary to convert a sum owing due from any Borrower hereunder in one the currency expressed to be payable herein (the "SPECIFIED CURRENCY") into another currency, each party the parties hereto agreesagree, to the fullest extent that it they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction Agent could purchase the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.specified currency

Appears in 1 contract

Samples: Credit Agreement (Schawk Inc)

Judgment Currency. (a) i. If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder in one currency into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.

Appears in 1 contract

Samples: Credit Agreement (Skyline Champion Corp)

Judgment Currency. (a) If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder in one (1) currency into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction jurisdiction, the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.

Appears in 1 contract

Samples: Credit Agreement (Genencor International Inc)

Judgment Currency. (a) If, If for the purpose of obtaining judgment in any court, court it is necessary to convert a sum owing due hereunder in one currency into another currency, each party the parties hereto agreesagree, to the fullest extent that it they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction Administrative Agent could purchase the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.. 105

Appears in 1 contract

Samples: Credit Agreement (Dirsamex Sa De Cv)

Judgment Currency. (a) IfTo the extent permitted by applicable law, if for the purpose purposes of obtaining judgment in any court, court it is necessary to convert a sum owing due hereunder in one currency United States Dollars into another currency, each party the parties hereto agreesagree, to the fullest extent that it they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction Agent could purchase the first currency could be purchased with such other currency on the Business Day immediately preceding the day that on which final judgment is given.

Appears in 1 contract

Samples: Credit Agreement (Aircastle LTD)

Judgment Currency. (a) If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder or under any other Loan Document in one currency into another currency, each party hereto and each Loan Party (and by its acceptance of its appointment in such capacity, each Lead Arranger) agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which which, in accordance with normal banking procedures in the relevant jurisdiction jurisdiction, the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.. 135

Appears in 1 contract

Samples: Abl Revolving Credit Agreement (Petco Health & Wellness Company, Inc.)

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Judgment Currency. (a) If, for the purpose purposes of obtaining judgment in any court, it is necessary to convert a sum owing due hereunder in one from a currency (the "ORIGINAL CURRENCY") into another currencycurrency (the "OTHER CURRENCY"), each party the parties hereto agreesagree, to the fullest extent that it they may effectively do so, that the rate of exchange used such conversion shall be that done at which in accordance with normal banking procedures in the relevant jurisdiction the first currency could be purchased with such other currency Exchange Rate used on the second Business Day immediately preceding the that day on which final judgment is given.

Appears in 1 contract

Samples: Credit and Reimbursement Agreement (Flowserve Corp)

Judgment Currency. (a) If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder in one currency into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.. 139

Appears in 1 contract

Samples: Credit Agreement (Biocryst Pharmaceuticals Inc)

Judgment Currency. (a) If, for For the purpose purposes of obtaining judgment in any court, court it is necessary to convert a sum owing due hereunder in one currency Dollars, in Euro or in Sterling into another currency, each party the parties hereto agreesagree, to the fullest extent that it they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.which

Appears in 1 contract

Samples: Credit Agreement (Cross a T Co)

Judgment Currency. (a) If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder in one currency into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.. 175

Appears in 1 contract

Samples: Credit Agreement (AgroFresh Solutions, Inc.)

Judgment Currency. (a) If, If for the purpose of obtaining judgment in any court, court it is necessary to convert a sum owing due hereunder in one currency into another currency, each party the parties hereto agreesagree, to the fullest extent #96393093v27 that it they may effectively do so, under applicable law that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction Trustee could purchase the first currency could be purchased with such other currency in the city in which it normally conducts its foreign exchange operation for the first currency on the Business Day immediately preceding the day on which final judgment is given.

Appears in 1 contract

Samples: Supplemental Indenture (DIEBOLD NIXDORF, Inc)

Judgment Currency. (a) If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder in one currency into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.. 102

Appears in 1 contract

Samples: European Receivables Loan Agreement

Judgment Currency. (a) If, for the purpose purposes of obtaining judgment in any court, it is necessary to convert a sum owing due hereunder in one or under the Revolving Note from a currency (the `Original Currency') into another currencycurrency (the `Other Currency'), each party the parties hereto agreesagree, to the fullest extent that it they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency could be purchased with such other currency rate of exchange prevailing on the Business Day business day immediately preceding the day on which final judgment is given.

Appears in 1 contract

Samples: Fourth Amended And (Fossil Inc)

Judgment Currency. (a) If, If for the purpose purposes of obtaining judgment in any court, court it is necessary to convert a sum owing due hereunder in one currency into another currency, each party the parties hereto agreesagree, to the fullest extent that it they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction Administrative Agent could purchase the first mentioned currency could be purchased with such other currency at the Administrative Agent’s principal office on the Business Day immediately preceding the day date on which final judgment is given.

Appears in 1 contract

Samples: Credit Agreement (Celadon Group Inc)

Judgment Currency. (a) 33. If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder in one currency into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency could be purchased by the Administrative Agent with such other currency on the Business Day immediately preceding the day on which final judgment is given.

Appears in 1 contract

Samples: Abl Credit Agreement (Hayward Holdings, Inc.)

Judgment Currency. (a) If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder in one currency into another currency, each party hereto (and by its acceptance of its appointment in such capacity, the Lead Arranger) agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which which, in accordance with normal banking procedures in the relevant jurisdiction jurisdiction, the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.

Appears in 1 contract

Samples: Second Lien Credit Agreement (Mister Car Wash, Inc.)

Judgment Currency. (a) If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder in one currency into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.. 178

Appears in 1 contract

Samples: Credit Agreement (Amc Entertainment Holdings, Inc.)

Judgment Currency. (a) 14.1 If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder under this Deed in one currency into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.

Appears in 1 contract

Samples: Dana Corp

Judgment Currency. (a) If, for the purpose of obtaining or enforcing any judgment or judicial award or order in any court, or in any jurisdiction, it is necessary to convert a sum owing hereunder in one Dollars into or from any currency into another currencyother than Dollars, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final the judgment or judicial award or order is given.

Appears in 1 contract

Samples: Credit Agreement (Stewart Enterprises Inc)

Judgment Currency. (a) SECTION 10.15.1 If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder in one currency Dollars into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency Dollars could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.

Appears in 1 contract

Samples: Credit Agreement (Noble Energy Inc)

Judgment Currency. (a) If, a. If for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder in one currency into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.

Appears in 1 contract

Samples: Possession  credit Agreement (SmileDirectClub, Inc.)

Judgment Currency. (a) If, for the purpose purposes of obtaining judgment in any court, it is necessary to convert a sum owing due hereunder in one or under the Revolving Note from a currency (the 'Original Currency') into another currencycurrency (the 'Other Currency'), each party the parties hereto agreesagree, to the fullest extent that it they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency could be purchased with such other currency rate of exchange prevailing on the Business Day business day immediately preceding the day on which final judgment is given.

Appears in 1 contract

Samples: Loan Agreement (Fossil Inc)

Judgment Currency. (a12.(w) If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder in one currency into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.

Appears in 1 contract

Samples: Credit Agreement (Movado Group Inc)

Judgment Currency. (a) If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder in one currency Dollars into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency Dollars could be 174 purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.

Appears in 1 contract

Samples: Credit Agreement (Abm Industries Inc /De/)

Judgment Currency. (a) 14.1 If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder under this Agreement in one currency into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.

Appears in 1 contract

Samples: Performance and Indemnity Agreement (Bunge LTD)

Judgment Currency. (a) If, for the purpose purposes of obtaining judgment or filing a claim in any court, it is necessary to convert a sum owing due hereunder or claim in one currency into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction Administrative Agent could purchase the first currency could be purchased with such other currency on the Business Day immediately preceding the day that on which final judgment is given.is

Appears in 1 contract

Samples: Credit Agreement (Iac/Interactivecorp)

Judgment Currency. (a) If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder in one currency into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.. 210

Appears in 1 contract

Samples: Credit Agreement (Tronox LTD)

Judgment Currency. (a) If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder in one currency into another currency, the Company and, by its acceptance hereof, the Holder each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.

Appears in 1 contract

Samples: Letter Agreement (Mexican Cellular Investments Inc)

Judgment Currency. (a1) If, for the purpose purposes of obtaining judgment in any court, it is necessary to convert a sum owing hereunder due to a Lender in one any currency (the “Original Currency”) into another currencycurrency (the “Other Currency”), each party hereto agreesthe parties agree, to the fullest extent that it they may effectively do so, that the rate of exchange used shall be that at which which, in accordance with normal banking procedures in the relevant jurisdiction the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.procedures, such

Appears in 1 contract

Samples: Credit Agreement (Open Text Corp)

Judgment Currency. (a) If, If for the purpose of obtaining judgment in any court, court it is necessary to convert a sum owing due hereunder in one currency into another currency, each party the parties hereto agreesagree, to the fullest extent that it they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction Bank could purchase the first currency could be purchased with such other currency in the city in which it normally conducts its foreign exchange operation for the first currency on the Business Day immediately preceding the day on which final judgment is given.

Appears in 1 contract

Samples: Credit Agreement (Aberdeen Global Income Fund Inc)

Judgment Currency. (a) If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder in one currency Dollars into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency Dollars could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.

Appears in 1 contract

Samples: Credit Agreement (Abm Industries Inc /De/)

Judgment Currency. (a) If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder in one currency Dollars into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency Dollars could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.

Appears in 1 contract

Samples: Credit Agreement (Aspen Technology Inc /De/)

Judgment Currency. (a) If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder in one currency into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.. 158

Appears in 1 contract

Samples: Credit Agreement (Lindblad Expeditions Holdings, Inc.)

Judgment Currency. (a) If, If for the purpose of obtaining judgment in any court, court it is necessary to convert a sum owing due hereunder in one currency into another currency, each party the parties hereto agreesagree, to the fullest extent that it they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction Administrative Agent could purchase the first currency could be purchased with such other currency in the city in which it normally conducts its foreign exchanges operation for the first currency on the Business Day immediately preceding the day on which final judgment is given.

Appears in 1 contract

Samples: Guarantee and Collateral Agreement (Innophos Investment Holdings, Inc.)

Judgment Currency. (a) If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder in one currency into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.the

Appears in 1 contract

Samples: Credit Agreement (GoHealth, Inc.)

Judgment Currency. (a) If, If for the purpose of obtaining judgment in any court, court it is necessary to convert a sum owing due hereunder in one currency into another currency, each party the parties hereto agreesagree, to the fullest extent that it they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction Administrative Agent could purchase the 100 first currency could be purchased with such other currency in the city in which it normally conducts its foreign exchange operation for the first currency on the Business Day immediately preceding the day on which final judgment is given.

Appears in 1 contract

Samples: Credit Agreement (Libbey Inc)

Judgment Currency. (a) If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder in one currency into another currency, < 29 > each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which which, in accordance with normal banking procedures in the relevant jurisdiction jurisdiction, the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.

Appears in 1 contract

Samples: Credit Agreement (Thermo Electron Corp)

Judgment Currency. (a) If, If for the purpose of obtaining ------------------ judgment in any court, court it is necessary to convert a sum owing due hereunder in one currency Currency into another currencyCurrency, each party the parties hereto agreesagree, to the fullest extent that it they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction Administrative Agent could purchase the first currency could be purchased with such other currency on the Business Day immediately preceding the day on which final judgment is given.

Appears in 1 contract

Samples: Pledge Agreement (Chartwell Leisure Inc)

Judgment Currency. (as) If, for the purpose of obtaining judgment in any court, it is necessary to convert a sum owing hereunder in one currency into another currency, each party hereto agrees, to the fullest extent that it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures in the relevant jurisdiction the first currency could be purchased by the Administrative Agent with such other currency on the Business Day immediately preceding the day on which final judgment is given.

Appears in 1 contract

Samples: Credit Agreement (Hillman Solutions Corp.)

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