Judgment Currency Clause Example with 33 Variations from Business Contracts

Judgment Currency. The Company agrees Holdings and each Selling Stockholder, severally and not jointly, agree to indemnify each Underwriter, its directors, officers, affiliates and each person, if any, who controls such the Underwriter within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act, against any loss incurred by such the Underwriter as a result of any judgment or order in favor of the Underwriter being given or made against Holdings -33- or any Selling Stockholder for any a...mount due hereunder and such judgment or order being expressed and paid in a currency (the "judgment currency") "Judgment Currency") other than U.S. United States dollars and as a result of any variation as between (i) the rate of exchange at which the U.S. United States dollar amount is converted into the judgment currency Judgment Currency for the purpose of such judgment or order, and (ii) the rate of exchange in The City of New York at which such indemnified person party on the date of payment of such judgment or order is able to purchase U.S. United States dollars with the amount of the judgment currency Judgment Currency actually received by the indemnified person. such party if such party had utilized such amount of Judgment Currency to purchase United States dollars as promptly as practicable upon such party's receipt thereof. The foregoing indemnity shall constitute a separate and independent obligation of the Company Holdings and each Selling Stockholder, shall continue in full force and effect notwithstanding any such judgment or order as aforesaid. If the United States dollars so purchased are greater than the sum originally due to the Underwriter hereunder, the Underwriter agrees to pay to Holdings and each Selling Stockholder an amount equal to the excess of the dollars so purchased over the sum originally due to the Underwriter hereunder. The term "rate of exchange" shall include any premiums and costs of exchange payable in connection with the purchase of, or conversion into, the relevant currency. View More

Judgment Currency. The Company agrees Holdings and each Selling Stockholder, severally and not jointly, agree to indemnify each Underwriter, its directors, officers, affiliates and each person, if any, who controls such the Underwriter within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act, against any loss incurred by such the Underwriter as a result of any judgment or order in favor of the Underwriter being given or made against Holdings or any Selling Stockholder for any amount... due hereunder and such judgment or order being expressed and paid in a currency (the "judgment currency") "Judgment Currency") other than U.S. United States dollars and as a result of any variation as between (i) the rate of exchange at which the U.S. United States dollar amount is converted into the judgment currency Judgment Currency for the purpose of such judgment or order, and (ii) the rate of exchange in The City of New York at which such indemnified person party on the date of payment of such judgment or order is able to purchase U.S. United States dollars with the amount of the judgment currency Judgment Currency actually received by the indemnified person. such party if such party had utilized such amount of Judgment Currency to purchase United States dollars as promptly as practicable upon such party's receipt thereof. The foregoing indemnity shall constitute a separate and independent obligation of the Company Holdings and each Selling Stockholder, shall continue in full force and effect notwithstanding any such judgment or order as aforesaid. If the United States dollars so purchased are greater than the sum originally due to the Underwriter hereunder, the Underwriter agrees to pay to Holdings and each Selling Stockholder an amount equal to the excess of the dollars so purchased -33- over the sum originally due to the Underwriter hereunder. The term "rate of exchange" shall include any premiums and costs of exchange payable in connection with the purchase of, or conversion into, the relevant currency. View More

Judgment Currency. The Company agrees Holdings and each Selling Stockholder, severally and not jointly, agree to indemnify each Underwriter, its directors, officers, affiliates and each person, if any, who controls such Underwriter within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act, Underwriters against any loss incurred by such Underwriter the Underwriters as a result of any judgment or order in favor of the Underwriters being given or made against Holdings or any Selling Sto...ckholder for any amount due hereunder and such judgment or order being expressed and paid in a currency (the "judgment currency") "Judgment Currency") other than U.S. United States dollars and as a result of any variation as between (i) the rate of exchange at which the U.S. United States dollar amount is converted into the judgment currency Judgment Currency for the purpose of such judgment or order, and (ii) the rate of exchange in The City of New York at which such indemnified person party on the date of payment of such judgment or order is able to purchase U.S. United States dollars with the amount of the judgment currency Judgment Currency actually received by the indemnified person. such party if such party had utilized such amount of Judgment Currency to purchase United States dollars as promptly as practicable upon such party's receipt thereof. The foregoing indemnity shall constitute a separate and independent obligation of the Company Holdings and each Selling Stockholder, shall continue in full force and effect notwithstanding any such judgment or order as aforesaid. If the United States dollars so purchased are greater than the sum originally due to the Underwriters hereunder, the Underwriters agree to pay to Holdings and each Selling Stockholder an amount equal to the excess of the dollars so purchased over the sum originally due to the Underwriters hereunder. The term "rate of exchange" shall include any premiums and costs of exchange payable in connection with the purchase of, or conversion into, the relevant currency. View More

Judgment Currency. The Company agrees Holdings and each Selling Stockholder, severally and not jointly, agree to indemnify each Underwriter, its directors, officers, affiliates and each person, if any, who controls such the Underwriter within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act, against any loss incurred by such the Underwriter as a result of any judgment or order in favor of the Underwriter being given or made against Holdings or any Selling Stockholder for any amount... due hereunder and such judgment or order being expressed and paid in a currency (the "judgment currency") "Judgment Currency") other than U.S. United States dollars and as a result of any variation as between (i) the rate of exchange at which the U.S. United States dollar amount is converted into the judgment currency Judgment Currency for the purpose of such judgment or order, and (ii) the rate of exchange in The City of New York at which such indemnified person party on the date of payment of such judgment or order is able to purchase U.S. United States dollars with the amount of the judgment currency Judgment Currency actually received by the indemnified person. such party if such party had utilized such amount of Judgment Currency to purchase United States dollars as promptly as practicable upon such party's receipt thereof. The foregoing indemnity shall constitute a separate and independent obligation of the Company Holdings and each Selling Stockholder, shall continue in full force and effect notwithstanding any such judgment or order as aforesaid. If the United States dollars so purchased are greater than the sum originally due to the Underwriter hereunder, the Underwriter agrees to pay to Holdings and each Selling Stockholder an amount equal to the excess of the dollars so purchased over the sum originally due to the Underwriter hereunder. The term "rate of exchange" shall include any premiums and costs of exchange payable in connection with the purchase of, or conversion into, the relevant currency. View More

Judgment Currency. The Company agrees to indemnify each Underwriter, its directors, officers, affiliates and each person, if any, who controls such Underwriter within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act, against any loss incurred by such Underwriter as a result of any judgment or order being given or made for any amount due hereunder and such judgment or order being expressed and paid in a currency (the "judgment currency") other than U.S. dollars and as a result of an...y variation as between (i) the rate of exchange at which the U.S. dollar amount is converted into the judgment currency for the purpose of such judgment or order, and (ii) the rate of exchange at which such indemnified person is able to purchase U.S. dollars with the amount of the judgment currency actually received by the indemnified person. The foregoing indemnity shall constitute a separate and independent obligation of the Company and shall continue in full force and effect notwithstanding any such judgment or order as aforesaid. The term "rate of exchange" shall include any premiums and costs of exchange payable in connection with the purchase of, or conversion into, the relevant currency. 38 BofA Securities, Inc. Banco BTG Pactual S.A. – Cayman Branch January 24, 2022 19. Waiver of Immunity. To the extent that the Company has or hereafter may acquire any immunity (sovereign or otherwise) from jurisdiction of any court of (i) the Cayman Islands, the United States, or any political subdivision thereof, (ii) the United States or the State of New York, (iii) any jurisdiction in which it owns or leases property or assets or from any legal process (whether through service of notice, attachment prior to judgment, attachment in aid of execution, execution, set-off or otherwise) with respect to themselves or their respective property and assets or this Agreement, the Company hereby irrevocably waives such immunity in respect of its obligations under this Agreement to the fullest extent permitted by applicable law. View More

Judgment Currency. The Company agrees to indemnify each Underwriter, its directors, officers, affiliates and each person, if any, who controls such Underwriter within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act, against any loss incurred by such Underwriter as a result of any judgment or order being given or made for any amount due hereunder and such judgment or order being expressed and paid in a currency (the "judgment currency") other than U.S. dollars and as a result of an...y variation as between (i) the rate of exchange at which the U.S. dollar amount is converted into the judgment currency for the purpose of such judgment or order, and (ii) the rate of exchange at which such indemnified person is able to purchase U.S. dollars with the amount of the judgment currency actually received by the indemnified person. The foregoing indemnity shall constitute a separate and independent obligation of the Company and shall continue in full force and effect notwithstanding any such judgment or order as aforesaid. The term "rate of exchange" shall include any premiums and costs of exchange payable in connection with the purchase of, or conversion into, the relevant currency. 37 BofA Securities, Inc. Banco BTG Pactual S.A. – Cayman Branch [●], 2021 19. Waiver of Immunity. To the extent that the Company has or hereafter may acquire any immunity (sovereign or otherwise) from jurisdiction of any court of (i) the Cayman Islands, the United States, or any political subdivision thereof, (ii) the United States or the State of New York, (iii) any jurisdiction in which it owns or leases property or assets or from any legal process (whether through service of notice, attachment prior to judgment, attachment in aid of execution, execution, set-off or otherwise) with respect to themselves or their respective property and assets or this Agreement, the Company hereby irrevocably waives such immunity in respect of its obligations under this Agreement to the fullest extent permitted by applicable law. View More

Judgment Currency. The Company agrees to indemnify each Underwriter, its directors, officers, affiliates and each person, if any, who controls such Underwriter within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act, against any loss incurred by such Underwriter as a result of any judgment or order being given or made for any amount due hereunder and such judgment or order being expressed and paid in a currency (the "judgment currency") other than U.S. dollars and as a result of an...y variation as between (i) the rate of exchange at which the U.S. dollar amount is converted into the judgment currency for the purpose of such judgment or order, and (ii) the rate of exchange at which such indemnified person is able to purchase U.S. dollars with the amount of the judgment currency actually received by the indemnified person. The foregoing indemnity shall constitute a separate and independent obligation of the Company and shall continue in full force and effect notwithstanding any such judgment or order as aforesaid. The term "rate of exchange" shall include any premiums and costs of exchange payable in connection with the purchase of, or conversion into, the relevant currency. 37 BofA Securities, Inc. Banco BTG Pactual S.A. – Cayman Branch [●], 2022 19. Waiver of Immunity. To the extent that the Company has or hereafter may acquire any immunity (sovereign or otherwise) from jurisdiction of any court of (i) the Cayman Islands, the United States, or any political subdivision thereof, (ii) the United States or the State of New York, (iii) any jurisdiction in which it owns or leases property or assets or from any legal process (whether through service of notice, attachment prior to judgment, attachment in aid of execution, execution, set-off or otherwise) with respect to themselves or their respective property and assets or this Agreement, the Company hereby irrevocably waives such immunity in respect of its obligations under this Agreement to the fullest extent permitted by applicable law. View More

Judgment Currency. The Company Holdings agrees to indemnify each Underwriter, its directors, officers, affiliates and each person, if any, who controls such Underwriter within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act, Underwriters against any loss incurred by such Underwriter the Underwriters as a result of any judgment or order in favor of the Underwriters being given or made against Holdings for any amount due hereunder and such judgment or order being expressed and paid ...in a currency (the "judgment currency") "Judgment Currency") other than U.S. United States dollars and as a result of any variation as between (i) the rate of exchange at which the U.S. United States dollar amount is converted into the judgment currency Judgment Currency for the purpose of such judgment or order, and (ii) the rate of exchange in The City of New York at which such indemnified person party on the date of payment of such judgment or order is able to purchase U.S. United States dollars with the amount of the judgment currency Judgment Currency actually received by the indemnified person. such party if such party had utilized such amount of Judgment Currency to purchase United States dollars as promptly as practicable upon such party's receipt thereof. The foregoing indemnity shall constitute a separate and independent obligation of the Company and Holdings, shall continue in full force and effect notwithstanding any such judgment or order as aforesaid. If the United States dollars so purchased are greater than the sum originally due to the Underwriters hereunder, the Underwriters agree to pay to Holdings an amount equal to the excess of the dollars so purchased over the sum originally due to the Underwriters hereunder. The term "rate of exchange" shall include any premiums and costs of exchange payable in connection with the purchase of, or conversion into, the relevant currency. View More

Judgment Currency. The Company agrees and Carnival Corp. agree to indemnify each Underwriter, its directors, officers, affiliates and each person, if any, who controls such Underwriter within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act, against any loss incurred by such Underwriter as a result of any judgment judgment, order or order payment due hereunder being given or made for any amount due hereunder and such judgment judgment, order or order payment being expressed and pai...d in a currency (the "judgment currency") "Judgment Currency") other than U.S. dollars the euro and as a result of any variation as between (i) the rate of exchange at which the U.S. dollar euro amount is converted into the judgment currency Judgment Currency for the purpose of such judgment or order, order and (ii) the rate of exchange at which such indemnified person Underwriter is able to purchase U.S. dollars euros with the amount of the judgment currency Judgment Currency actually received by such Underwriter on the indemnified person. date of such receipt. The foregoing indemnity shall constitute a separate and independent obligation of the Company and Carnival Corp. and shall continue in full force and effect notwithstanding any such judgment or order as aforesaid. The term "rate of exchange" shall include any premiums and costs of exchange payable in connection with the purchase of, or conversion into, the relevant currency. View More

Judgment Currency. The Company agrees and Carnival plc agree to indemnify each Underwriter, its directors, officers, affiliates and each person, if any, who controls such Underwriter within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act, against any loss incurred by such Underwriter as a result of any judgment judgment, order or order payment due hereunder being given or made for any amount due hereunder and such judgment judgment, order or order payment being expressed and paid ...in a currency (the "judgment currency") "Judgment Currency") other than U.S. dollars the euro and as a result of any variation as between (i) the rate of exchange at which the U.S. dollar euro amount is converted into the judgment currency Judgment Currency for the purpose of such judgment or order, order and (ii) the rate of exchange at which such indemnified person Underwriter is able to purchase U.S. dollars euros with the amount of the judgment currency Judgment Currency actually received by such Underwriter on the indemnified person. date of such receipt. The foregoing indemnity shall constitute a separate and independent obligation of the Company and Carnival plc and shall continue in full force and effect notwithstanding any such judgment or order as aforesaid. The term "rate of exchange" shall include any premiums and costs of exchange payable in connection with the purchase of, or conversion into, the relevant currency. View More