Common use of Judgment Clause in Contracts

Judgment. (a) If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder in U.S. Dollars into another currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Purchaser could purchase U.S. Dollars with such other currency at New York, New York on the Business Day preceding that on which final judgment is given.

Appears in 7 contracts

Samples: Purchase Agreement (Ferro Corp), Purchase and Contribution Agreement (Ferro Corp), Receivables Purchase Agreement (Ferro Corp)

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Judgment. (a) If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder or under any of the other Loan Documents in U.S. Dollars dollars into another currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Purchaser Administrative Agent could purchase U.S. Dollars dollars with such other currency at New York, New York Citibank on the Business Day preceding that on which final judgment is given.

Appears in 5 contracts

Samples: Credit Agreement (Accuride Corp), Credit Agreement (Accuride Corp), Credit Agreement (Accuride Corp)

Judgment. (a) If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder in U.S. Dollars into another currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Purchaser Agent could purchase U.S. Dollars with such other currency at New York, the Agent’s principal office in New York at 11:00 a.m. (New York City time) on the Business Day preceding that on which final judgment is given.

Appears in 5 contracts

Samples: Revolving Credit Agreement (AerCap Holdings N.V.), Revolving Credit Agreement (AerCap Holdings N.V.), Revolving Credit Agreement

Judgment. (a) If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder in U.S. Dollars into another currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Purchaser Administrative Agent could purchase U.S. Dollars with such other currency at New York, Nordea’s principal office in New York at 11:00 A.M. (New York time) on the Business Day preceding that on which final judgment is given.

Appears in 4 contracts

Samples: Credit Agreement, Credit Agreement (Royal Caribbean Cruises LTD), Credit Agreement (Royal Caribbean Cruises LTD)

Judgment. (a) If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder in U.S. Dollars into another currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Purchaser Agent or its assigns could purchase U.S. Dollars with such other currency at New York, New York on the Business Day preceding that on which final judgment is given.

Appears in 4 contracts

Samples: Receivables Purchase Agreement (AbitibiBowater Inc.), Receivables Purchase Agreement (AbitibiBowater Inc.), Receivables Purchase Agreement (AbitibiBowater Inc.)

Judgment. (a) If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder in U.S. Dollars into another currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Purchaser judgment creditor could purchase U.S. Dollars with such other currency at New York, New York on the Business Day preceding that on which final judgment is given.

Appears in 4 contracts

Samples: Credit Agreement (Rite Aid Corp), Tertiary Purchase Agreement (Rite Aid Corp), Secondary Purchase Agreement (Rite Aid Corp)

Judgment. (a) If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder in U.S. Dollars into another currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Purchaser Agent could purchase U.S. Dollars with such other currency at New York, the Agent’s principal office in New York at 11:00 A.M. (New York time) on the Business Day preceding that on which final judgment is given.

Appears in 4 contracts

Samples: Assignment and Assumption Agreement (AerCap Holdings N.V.), Revolving Credit Agreement (International Lease Finance Corp), Assignment and Assumption Agreement (International Lease Finance Corp)

Judgment. (a) If If, for the purposes of obtaining judgment in any court court, it is necessary to convert a sum due hereunder or under the Notes or any other Loan Documents in U.S. Dollars into another currencycurrency (the "Other Currency"), the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Purchaser Administrative Agent could purchase U.S. Dollars with such other currency at New York, in New York City on the Business Day preceding that on which final judgment is given.

Appears in 3 contracts

Samples: Credit Agreement (Panamerican Beverages Inc), Credit Agreement (Panamerican Beverages Inc), Credit Agreement (Panamerican Beverages Inc)

Judgment. (a) If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder in U.S. Dollars into another currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Purchaser Agent or the Investors could purchase U.S. Dollars with such other currency at New York, New York on the Business Day preceding that on which final judgment is given.

Appears in 3 contracts

Samples: Receivables Purchase Agreement (Ferro Corp), Receivables Purchase Agreement (Ferro Corp), Receivables Purchase Agreement (Ferro Corp)

Judgment. (a) If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder in U.S. Dollars into another currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Purchaser or its assigns could purchase U.S. Dollars with such other currency at New York, New York on the Business Day preceding that on which final judgment is given.

Appears in 3 contracts

Samples: Purchase and Contribution Agreement (AbitibiBowater Inc.), Purchase and Contribution Agreement (AbitibiBowater Inc.), Purchase Agreement (BRP Japan Co. Ltd.)

Judgment. (a) If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder or under any instrument delivered hereunder in U.S. United States Dollars into another currency, the parties hereto agree, to the fullest extent that they may effectively do sopermitted by law, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Purchaser Agent or the Lender, as the case may be, could purchase U.S. United States Dollars with such other currency at New York, New York on the Business Day preceding that on which final judgment is given.

Appears in 3 contracts

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

Judgment. (a) If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder in U.S. Dollars into another currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Purchaser Agent could purchase U.S. Dollars with such other currency at New York, New York the Spot Rate at 11:00 A.M. (Boston time) on the Business Day preceding that on which final judgment is given.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Gerber Scientific Inc), Credit and Guaranty Agreement (Gerber Scientific Inc)

Judgment. (a) If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder in U.S. Dollars into another currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Purchaser Agent could purchase U.S. Dollars with such other currency at New York, the Agent’s principal office in New York at 11:00 a.m. (New York City time) on the Business Day preceding that on which final judgment is given.

Appears in 2 contracts

Samples: Revolving Credit Agreement (AerCap Holdings N.V.), Revolving Credit Agreement (AerCap Holdings N.V.)

Judgment. (a) If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder in U.S. Dollars (which, together with the sign "$," means lawful money of the United States) into another currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Purchaser Guaranteed Parties could purchase U.S. Dollars with such other currency at New York, New York on the Business Day preceding that on which final judgment is given.. "

Appears in 2 contracts

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

Judgment. (a) If for the purposes of obtaining judgment in any -------- court it is necessary to convert a sum due hereunder in U.S. Dollars into another currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Purchaser respective Bank or the Administrative Agent could purchase U.S. Dollars with such other currency at New York, New York York, on the Business Day preceding that on which final judgment is given.

Appears in 2 contracts

Samples: Credit Agreement (Hughes Electronics Corp), Credit Agreement (Hughes Electronics Corp)

Judgment. (a) If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder in U.S. Dollars into another currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Purchaser Lender could purchase U.S. Dollars with such other currency at Citibank in New York, New York on the Business Day preceding that on which final judgment is given.

Appears in 2 contracts

Samples: Completion Guaranty Agreement (Accuride Corp), Completion Guaranty Agreement (Accuride Corp)

Judgment. (a) If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder or under the Notes in U.S. Dollars into another currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Purchaser Administrative Agent could purchase U.S. Dollars with such other currency at New York, New York City on the Business Day preceding that on which final judgment is given.

Appears in 2 contracts

Samples: Credit and Security Agreement (Grupo Imsa Sa De Cv), Consent and Agreement (Grupo Imsa Sa De Cv)

Judgment. (a) If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder in U.S. Dollars into another currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Purchaser Administrative Agent could purchase U.S. Dollars with such other currency at New York, BNS’s principal office in New York at 11:00 A.M. (New York time) on the Business Day preceding that on which final judgment is given.

Appears in 2 contracts

Samples: Credit Agreement (Royal Caribbean Cruises LTD), Credit Agreement (Royal Caribbean Cruises LTD)

Judgment. (a) If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder in U.S. Dollars into another currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Purchaser Administrative Agent could purchase U.S. Dollars with such other currency at New York, Bank of America's principal office in New York at 11:00 A.M. (New York time) on the Business Day preceding that on which final judgment is given.

Appears in 2 contracts

Samples: Term Loan Agreement (Royal Caribbean Cruises LTD), Term Loan Agreement (Royal Caribbean Cruises LTD)

Judgment. (a) If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder in U.S. Dollars into another currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Purchaser Operating Agent or its assigns could purchase U.S. Dollars with such other currency at New York, New York on the Business Day preceding that on which final judgment is given.

Appears in 1 contract

Samples: Receivables Purchase Agreement (BRP Japan Co. Ltd.)

Judgment. (a) If If, for the purposes purpose of obtaining judgment in any court court, it is necessary to convert a sum due hereunder or under the Credit Agreement in U.S. United States Dollars into another currency, the parties hereto agreeGuarantor agrees, to the fullest extent that they it may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Purchaser Lender Parties could purchase U.S. United States Dollars with such other currency at New York, 11:00 a.m. (New York City time) on the Business Day preceding that on which final judgment is given.

Appears in 1 contract

Samples: Credit Agreement (Encana Corp)

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Judgment. (a) If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder in U.S. Dollars into another currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Purchaser Agent could purchase U.S. Dollars with such other currency at New York, the rate of exchange as reported on the Bloomberg FXBE Page as of 9:00 a.m. (New York City time) on the Business Day preceding that on which final judgment is given.

Appears in 1 contract

Samples: Five Year Credit Agreement (Electronic Data Systems Corp /De/)

Judgment. (a) If If, for the purposes of obtaining judgment -------- in any court court, it is necessary to convert a sum due hereunder under the Reinsurance Documents in U.S. Dollars United States dollars into another currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Purchaser CNAI could purchase U.S. Dollars United States dollars with such other currency at New York, in New York on the Business Day preceding that on which final judgment is given.

Appears in 1 contract

Samples: Servicing Agreement (Anchor National Life Insurance Co)

Judgment. (a) If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder in U.S. Dollars lawful money of the United States (“Dollars”) into another currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures that the Purchaser could Agent would purchase U.S. Dollars with such other currency at in New York, New York on the Business Day preceding that on which final judgment is given.

Appears in 1 contract

Samples: Transfer and Administration Agreement (Fresenius Medical Care AG & Co. KGaA)

Judgment. (a) If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder in U.S. Dollars into another currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Purchaser Administrative Agent could purchase U.S. Dollars with such other currency at New York, Bank of America’’s principal office in New York at 11:00 A.M. (New York time) on the Business Day preceding that on which final judgment is given.

Appears in 1 contract

Samples: Term Loan Agreement (Royal Caribbean Cruises LTD)

Judgment. (a) If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder in U.S. Dollars into another currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Purchaser Administrative Agent could purchase U.S. Dollars with such other currency at New York, Bank of America’s principal office in New York at 11:00 A.M. (New York time) on the Business Day preceding that on which final judgment is given.

Appears in 1 contract

Samples: Term Loan Agreement (Royal Caribbean Cruises LTD)

Judgment. (a) If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder or under any Note in U.S. United States Dollars into another currency, the parties hereto agree, to the fullest extent that they may effectively do sopermitted by law, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Purchaser Bank could purchase U.S. United States Dollars with such other currency at New York, New York on the Business Day preceding that on which final judgment is given.

Appears in 1 contract

Samples: Credit Agreement (Panamerican Beverages Inc)

Judgment. (a) If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder in U.S. United States Dollars into another currency, the parties hereto Borrower and the Bank agree, to the fullest extent that they may effectively do sopermitted by law, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Purchaser Bank could purchase U.S. United States Dollars with such other currency at New York, in New York City on the Business Day preceding that on which final final, non-appealable judgment is given.

Appears in 1 contract

Samples: Pricesmart Inc

Judgment. (a) If If, for the purposes of obtaining a judgment in any court competent court, it is necessary to convert a sum due hereunder under any of the Loan Documents in U.S. United States Dollars into another currency, the parties hereto agree, to the fullest extent that they may effectively do sopermitted by law, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Purchaser Collateral Agent could purchase U.S. United States Dollars with such other currency at New York, New York on the Business Day preceding that on which final judgment is given.

Appears in 1 contract

Samples: Share Pledge Agreement (Fibria Celulose S.A.)

Judgment. (a) If If, for the purposes of obtaining judgment in any court court, it is necessary to convert a sum due hereunder in U.S. Dollars United States dollars into another currency, the parties hereto agree, to the fullest extent that they may effectively do sopermitted by law, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Purchaser Lender could purchase U.S. Dollars United States dollars with such other currency at New York, New York on the Business Day preceding that on which final judgment is given.

Appears in 1 contract

Samples: Hondo Oil & Gas Co

Judgment. (a) If for the purposes of obtaining judgment in any court it is necessary to convert either (i) a sum due hereunder in U.S. US Dollars into another currencycurrency or (ii) a sum due hereunder in any currency other than US Dollars into US Dollars, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which determined in accordance with normal banking procedures the Purchaser could purchase U.S. Dollars with such other currency at New York, New York Section 1.04 on the Business Day preceding that on which final judgment is given.

Appears in 1 contract

Samples: Credit Agreement (Tanner Chemicals Inc)

Judgment. (a) If If, for the purposes of obtaining judgment in -------- any court court, it is necessary to convert a sum due hereunder in U.S. Dollars from another currency into another currencyUnited States dollars, the parties hereto agree, to the fullest extent that they may effectively do sopermitted by law, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Purchaser Bank could purchase U.S. Dollars United States dollars with such other currency at New York, New York on the Business Day preceding that on which final judgment is given.

Appears in 1 contract

Samples: Guaranty (Overseas Partners LTD)

Judgment. (a) If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder in U.S. Dollars into another currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Purchaser Purchasers could purchase U.S. Dollars with such other currency at New York, in New York City at 11:00 A.M. (New York City time) on the Business Day preceding that on which final judgment is given.

Appears in 1 contract

Samples: Senior Note Purchase Agreement (STC Broadcasting Inc)

Judgment. (a) If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder or under any of the other Loan Documents in U.S. Dollars into another currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Purchaser Lender could purchase U.S. Dollars with such other currency at Citibank in New York, New York on the Business Day preceding that on which final judgment is given.

Appears in 1 contract

Samples: Credit Agreement (Accuride Corp)

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