Judgment Currency Clause Example with 65 Variations from Business Contracts

This page contains Judgment Currency clauses in business contracts and legal agreements. An example clause is provided at the top of the page, followed by clauses with minor variations. You can view the text differences by selecting the "Show Differences" option.
Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder into any currency other than United States dollars, the parties hereto agree, to the fullest extent permitted by law, that the rate of exchange used shall be the rate at which in accordance with normal banking procedures an Underwriter could purchase United States dollars with such other currency in The City of New York on the business day preceding that on which final judgment is given. The obl...igation of the Guarantor with respect to any sum due from it to any Underwriter shall, notwithstanding any judgment in a currency other than United States dollars, be discharged only if and to the extent that on the first business day following receipt by such Underwriter of any sum adjudged to be so due in such other currency, such Underwriter may in accordance with normal banking procedures purchase United States dollars with such other currency. If the United States dollars so purchased are less than the sum originally due to such Underwriter hereunder, the Guarantor agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Underwriter or controlling person against such loss. If the United States dollars so purchased are greater than the sum originally due to such Underwriter or controlling person hereunder, such Underwriter or controlling person agrees to pay to the Guarantor an amount equal to the excess of the dollars so purchased over the sum originally due to such Underwriter or controlling person hereunder. View More

Variations of a "Judgment Currency" Clause from Business Contracts

Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder into any currency other than United States dollars, the parties hereto agree, to the fullest extent permitted by law, that the rate of exchange used shall be the rate at which in accordance with normal banking procedures an Underwriter could purchase United States dollars with such other currency in The City of New York on the business day preceding that on which final judgment is given. The obl...igation of the Guarantor with Company in respect to of any sum due from it to any Underwriter under this Agreement shall, notwithstanding any judgment in a currency other than United States dollars, U.S. dollars or any other applicable currency (the "Judgment Currency"), not be discharged only if and to the extent that on until the first business day day, following receipt by such Underwriter of any sum adjudged to be so due in such other currency, the Judgment Currency, on which (and only to the extent that) such Underwriter may in accordance with normal banking procedures purchase United States U.S. dollars or any other applicable currency with such the Judgment Currency; if the U.S. dollars or other currency. If the United States dollars applicable currency so purchased are less than the sum originally due to such Underwriter hereunder, the Guarantor Company agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Underwriter or controlling person against such loss. If the United States U.S. dollars or other applicable currency so purchased are greater than the sum originally due to such any Underwriter or controlling person hereunder, such Underwriter or controlling person agrees to pay to the Guarantor Company an amount equal to the excess of the U.S. dollars or other applicable currency so purchased over the sum originally due to such Underwriter hereunder. 38 23. Counterparts. This Agreement may be executed in one or controlling person hereunder. more counterparts and, if executed in more than one counterpart, the executed counterparts shall each be deemed to be an original but all such counterparts shall together constitute one and the same instrument. View More
Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder into any currency other than United States dollars, the parties hereto agree, to the fullest extent permitted by law, that the rate of exchange used shall be the rate at which in accordance with normal banking procedures an Underwriter could purchase United States dollars with such other currency in The City of New York on the business day preceding that on which final judgment is given. The obl...igation of the Guarantor with Company in respect to of any sum due from it to any the Underwriter under this Agreement shall, notwithstanding any judgment in a currency other than United States dollars, U.S. dollars or any other applicable currency (the "Judgment Currency"), not be discharged only if and to the extent that on until the first business day day, following receipt by such the Underwriter of any sum adjudged to be so due in such other currency, such the Judgment Currency, on which (and only to the extent that) the Underwriter may in accordance with normal banking procedures purchase United States U.S. dollars or any other applicable currency with such the Judgment Currency; if the U.S. dollars or other currency. If the United States dollars applicable currency so purchased are less than the sum originally due to such the Underwriter hereunder, the Guarantor Company agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such the Underwriter or controlling person against such loss. If the United States U.S. dollars or other applicable currency so purchased are greater than the sum originally due to such the Underwriter or controlling person hereunder, such the Underwriter or controlling person agrees to pay to the Guarantor Company an amount equal to the excess of the U.S. dollars or other applicable currency so purchased over the sum originally due to such Underwriter or controlling person hereunder. View More
Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder into any currency other than United States dollars, the parties hereto agree, to the fullest extent permitted by law, that the rate of exchange used shall be the rate at which in accordance with normal banking procedures an Underwriter could purchase United States dollars with such other currency in The City of New York on the business day preceding that on which final judgment is given. The obl...igation of the Guarantor with Company in respect to of any sum due from it to any Underwriter under this Agreement shall, notwithstanding any judgment in a currency other than United States dollars, U.S. dollars (the "Judgment Currency"), not be discharged only if and to the extent that on until the first business day Business Day, following receipt by such Underwriter of any sum adjudged to be so due in such other currency, the Judgment Currency, on which (and only to the extent that) such Underwriter may in accordance with normal banking procedures purchase United States U.S. dollars with such other currency. If the United States Judgment Currency; if the U.S. dollars so purchased are less than the sum originally due to such Underwriter hereunder, the Guarantor Company agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Underwriter or controlling person against such loss. If the United States U.S. dollars so purchased are greater than the sum originally due to such Underwriter or controlling person hereunder, such Underwriter or controlling person agrees to pay to the Guarantor Company an amount equal to the excess of the U.S. dollars so purchased over the sum originally due to such Underwriter hereunder 22. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all such counterparts shall together constitute one and the same instrument. Delivery of a signed counterpart of this Agreement by facsimile or controlling person hereunder. other electronic transmission shall constitute valid and sufficient delivery thereof. View More
Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder into any currency other than United States dollars, the parties hereto agree, to the fullest extent permitted by law, that the rate of exchange used shall be the rate at which in accordance with normal banking procedures an Underwriter could purchase United States dollars with such other currency in The City of New York on the business day preceding that on which final judgment is given. The obl...igation of the Guarantor with Company in respect to of any sum due from it to any Underwriter under this Agreement shall, notwithstanding any judgment in a currency other than United States dollars, U.S. dollars (the "Judgment Currency"), not be discharged only if and to the extent that on until the first business day Business Day, following receipt by such Underwriter of any sum adjudged to be so due in such other currency, the Judgment Currency, on which (and only to the extent that) such Underwriter may in accordance with normal banking procedures purchase United States U.S. dollars with such other currency. If the United States Judgment Currency; if the U.S. dollars so purchased are less than the sum originally due to such Underwriter hereunder, the Guarantor Company agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Underwriter or controlling person against such loss. If the United States U.S. dollars so purchased are greater than the sum originally due to such Underwriter or controlling person hereunder, such Underwriter or controlling person agrees to pay to the Guarantor Company an amount equal to the excess of the U.S. dollars so purchased over the sum originally due to such Underwriter hereunder 21. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all such counterparts shall together constitute one and the same instrument. Delivery of a signed counterpart of this Agreement by facsimile or controlling person hereunder. other electronic transmission shall constitute valid and sufficient delivery thereof. View More
Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder into any currency other than United States dollars, the parties hereto agree, to the fullest extent permitted by law, that the rate of exchange used shall be the rate at which in accordance with normal banking procedures an Underwriter could purchase United States dollars with such other currency in The City of New York on the business day preceding that on which final judgment is given. The obl...igation of the Guarantor with Company in respect to of any sum due from it to any Underwriter under this Agreement shall, notwithstanding any judgment in a currency other than United States dollars, U.S. dollars or any other applicable currency (the "Judgment Currency"), not be discharged only if and to the extent that on until the first business day day, following receipt by such the Underwriter of any sum adjudged to be so due in such other currency, such the Judgment Currency, on which (and only to the extent that) any Underwriter may in accordance with normal banking procedures purchase United States U.S. dollars or any other applicable currency with such the Judgment Currency; if the U.S. dollars or other currency. If the United States dollars applicable currency so purchased are less than the sum originally due to such Underwriter hereunder, the Guarantor Company agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Underwriter or controlling person against such loss. If the United States U.S. dollars or other applicable currency so purchased are greater than the sum originally due to such Underwriter or controlling person hereunder, such Underwriter or controlling person agrees to pay to the Guarantor Company an amount equal to the excess of the U.S. dollars or other applicable currency so purchased over the sum originally due to such Underwriter or controlling person hereunder. View More
Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder into any currency other than United States dollars, the parties hereto agree, to the fullest extent permitted by law, that the rate of exchange used shall be the rate at which in accordance with normal banking procedures an Underwriter could purchase United States dollars with such other currency in The City of New York on the business day preceding that on which final judgment is given. The obl...igation of the Guarantor with Company in respect to of any sum due from it to any Underwriter under this Agreement shall, notwithstanding any judgment in a currency other than United States dollars, U.S. dollars or any other applicable currency (the "Judgment Currency"), not be discharged only if and to the extent that on until the first business day day, following receipt by such Underwriter of any sum adjudged to be so due in such other currency, the Judgment Currency, on which (and only to the extent that) such Underwriter may in accordance with normal banking procedures purchase United States U.S. dollars or any other applicable currency with such the Judgment Currency; if the U.S. dollars or other currency. If the United States dollars applicable currency so purchased are less than the sum originally due to such Underwriter hereunder, the Guarantor Company agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Underwriter or controlling person against such loss. If the United States U.S. dollars or other applicable currency so purchased are greater than the sum originally due to such Underwriter or controlling person hereunder, such Underwriter or controlling person agrees to pay to the Guarantor Company an amount equal to the excess of the U.S. dollars or other applicable currency so purchased over the sum originally due to such Underwriter or controlling person hereunder. View More
Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder into any currency other than United States dollars, the parties hereto agree, to the fullest extent permitted by law, that the rate of exchange used shall be the rate at which in accordance with normal banking procedures an Underwriter could purchase United States dollars with such other currency in The City of New York on the business day preceding that on which final judgment is given. The obl...igation obligations of the Guarantor with Company and the Selling Stockholders pursuant to this Agreement in respect to of any sum due from it to any the Underwriter shall, notwithstanding any judgment in a currency other than United States dollars, not be discharged only if and to the extent that on until the first business day day, following receipt by such the Underwriter of any sum adjudged to be so due in such other currency, such on which (and only to the extent that) the Underwriter may in accordance with normal banking procedures purchase United States dollars with such other currency. If currency; if the United States dollars so purchased are less than the sum originally due to such the Underwriter hereunder, the Guarantor agrees, Company and the Selling Stockholders agree, as a separate obligation and notwithstanding any such judgment, to indemnify such the Underwriter or controlling person against such loss. If the United States dollars so purchased are greater than the sum originally due to such Underwriter or controlling person hereunder, such Underwriter or controlling person agrees to pay to the Guarantor an amount equal to the excess of the dollars so purchased over the sum originally due to such Underwriter or controlling person hereunder. View More
Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder into any currency other than United States dollars, the parties hereto agree, to the fullest extent permitted by law, that the rate of exchange used shall be the rate at which in accordance with normal banking procedures an Underwriter could purchase United States dollars with such other currency in The City of New York on the business day preceding that on which final judgment is given. The obl...igation of the Guarantor with Company in respect to of any sum due from it to any Underwriter shall, notwithstanding any judgment in a currency other than United States dollars, not be discharged only if and to the extent that on until the first business day Business Day following receipt by such Underwriter of any sum adjudged to be so due in such other currency, on which (and only to the extent that) such Underwriter may in accordance with normal banking procedures purchase United States dollars with such other currency. If currency; if the United States dollars so purchased are less than the sum originally due to such Underwriter hereunder, the Guarantor Company agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Underwriter or controlling person against such loss. If the United States dollars so purchased are greater than the sum originally due to such Underwriter or controlling person hereunder, such Underwriter or controlling person agrees to pay to the Guarantor Company an amount equal to the excess of the dollars so purchased over the sum originally due to such Underwriter hereunder. 22 17. Applicable Law; Jury Waiver. This Agreement will be governed by and construed in accordance with the laws of the State of New York applicable to contracts made and to be performed within the State of New York. The Company, each of the Subsidiary Guarantors and each of the Underwriters hereby irrevocably waive, to the fullest extent permitted by applicable law, and any and all right to trial by jury in any legal proceeding arising out of or controlling person hereunder. relating to this Agreement or the transactions contemplated hereby. View More
Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder into any currency other than United States dollars, the parties hereto agree, to the fullest extent permitted by law, that the rate of exchange used shall be the rate at which in accordance with normal banking procedures an Underwriter could purchase United States dollars with such other currency in The City of New York on the business day preceding that on which final judgment is given. The obl...igation of the Guarantor with Company in respect to of any sum due from it to any Underwriter shall, notwithstanding any judgment in a currency other than United States dollars, not be discharged only if and to the extent that on until the first business day Business Day following receipt by such Underwriter of any sum adjudged to be so due in such other currency, on which (and only to the extent that) such Underwriter may in accordance with normal banking procedures purchase United States dollars with such other currency. If currency; if the United States dollars so purchased are less than the sum originally due to such Underwriter hereunder, the Guarantor Company agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Underwriter or controlling person against such loss. If the United States dollars so purchased are greater than the sum originally due to such Underwriter or controlling person hereunder, such Underwriter or controlling person agrees to pay to the Guarantor Company an amount equal to the excess of the dollars so purchased over the sum originally due to such Underwriter hereunder. 22 17. Applicable Law; Jury Waiver. This Agreement will be governed by and construed in accordance with the laws of the State of New York applicable to contracts made and to be performed within the State of New York. The Company, each of the Subsidiary Guarantors and each of the Underwriters hereby irrevocably waive, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or controlling person hereunder. relating to this Agreement or the transactions contemplated hereby. View More
Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder into any currency other than United States U.S. dollars, the parties hereto agree, to the fullest extent permitted by law, that they may effectively do so, that the rate of exchange used shall be the rate at which in accordance with normal banking procedures an Underwriter the Underwriters could purchase United States U.S. dollars with such other currency in The City of New York on the business ...day preceding that on which final judgment is given. The obligation obligations of the Guarantor with Company in respect to of any sum due from it them to any Underwriter shall, notwithstanding any judgment in a any currency other than United States U.S. dollars, not be discharged only if and to the extent that on until the first business day day, following receipt by such Underwriter of any sum adjudged to be so due in such other currency, on which (and only to the extent that) such Underwriter may in accordance with normal banking procedures purchase United States U.S. dollars with such other currency. If currency; if the United States U.S. dollars so purchased are less than the sum originally due to such Underwriter hereunder, the Guarantor Company agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Underwriter or controlling person against such loss. If the United States U.S. dollars so purchased are greater than the sum originally due to such Underwriter or controlling person hereunder, such Underwriter or controlling person agrees to pay to the Guarantor Company an amount equal to the excess of the U.S. dollars so purchased over the sum originally due to such Underwriter hereunder. 38 15. Parties at Interest. The Agreement herein set forth has been and is made solely for the benefit of the Underwriters and the Company and to the extent provided in Section 9 hereof the controlling persons, partners, directors, officers, members and affiliates referred to in such Section, and their respective successors, assigns, heirs, personal representatives and executors and administrators. No other person, partnership, association or controlling person hereunder. corporation (including a purchaser, as such purchaser, from any of the Underwriters) shall acquire or have any right under or by virtue of this Agreement. View More