Judgment Currency Clause Example with 65 Variations 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 the Underwriters 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 obligation obligations of the Guarantor with Company pursuant to this Agreement 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 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 (net of any premiums and costs of exchange payable in connection with the purchase of United States dollars) 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 32 18. Trial by Jury. The Company (on its behalf and, to the Guarantor an amount equal extent permitted by applicable law, on behalf of its stockholders and affiliates) and each of the Underwriters hereby irrevocably waives, to the excess fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement or the dollars so purchased over the sum originally due to such Underwriter or controlling person hereunder. 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 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 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 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 agrees, Company and the Selling Stockholders agree, 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

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 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 38 notwithstanding any such judgment, to indemnify such Underwriter or controlling person against such loss. loss in respect of any sum due to such Underwriter from the Company. 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 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 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. loss in respect of any sum due to such Underwriter from the Company. 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 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 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 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. 24 16. Taxes. All payments to be made by the Guarantor under this Agreement shall be paid free and clear of and without deduction or withholding for or on account of, any present or future taxes, levies, imposts, duties, fees, assessments or other charges of whatever nature, imposed by Bermuda, Argentina or Brazil or by any department, agency or other political subdivision or taxing authority thereof or therein, and all interest, penalties or similar liabilities with respect thereto (collectively, "Taxes"). If any Taxes are required by law to be deducted or withheld in connection with such payments, the Guarantor will increase the amount paid so that the full amount of such payment is received by the Underwriters. 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 or controlling person hereunder. 21 16. Applicable Law. 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. 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 the Underwriters could purchase United States dollars with such other currency in The City the County of New York on the business day preceding that on which fina...l judgment is given. The obligation of the Guarantor 2594868 Ontario Limited with respect to any sum due from it to any Underwriter or any person controlling 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 following receipt by such Underwriter or controlling person of any sum adjudged to be so due in such other currency, and only to the extent that such Underwriter or controlling person 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 or controlling person hereunder, the Guarantor agrees, 2594868 Ontario Limited 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 2594868 Ontario Limited 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 the Underwriters could purchase United States dollars with such other currency in The the Borough of Manhattan in the City of New York on the business day precedi...ng that on which final judgment is given. The obligation of the Guarantor Company or the Selling Shareholder with respect to any sum due from it to any Underwriter or any person controlling 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 following receipt by such Underwriter or controlling person of any sum adjudged to be so due in such other currency, and only to the extent that such Underwriter or controlling person 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 or controlling person hereunder, each of the Guarantor agrees, Company and the Selling Shareholder agree 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 or the Selling Shareholder, as applicable, an amount equal to the excess of the dollars so purchased over the sum originally due to such Underwriter or controlling person hereunder. 31 19. Taxes. If any sum payable by the Company or the Selling Shareholder under this Agreement is subject to tax in the hands of an Underwriter or taken into account as a receipt in computing the taxable income of that Underwriter (excluding net income taxes on underwriting commissions payable hereunder), the sum payable to the Underwriter under this Agreement shall be increased to such sum as will ensure that the Underwriter shall be left with the sum it would have had in the absence of such tax. 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 the Underwriters could purchase United States dollars with such other currency in The the Borough of Manhattan in the City of New York on the business day precedi...ng that on which final judgment is given. The obligation of the Guarantor Company or the Selling Shareholder with respect to any sum due from it to any Underwriter or any person controlling 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 following receipt by such Underwriter or controlling person of any sum adjudged to be so due in such other currency, and only to the extent that such Underwriter or controlling person 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 or controlling person hereunder, each of the Guarantor agrees, Company and the Selling Shareholder agree 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 or the Selling Shareholder, as applicable, an amount equal to the excess of the dollars so purchased over the sum originally due to such Underwriter or controlling person hereunder. 30 19. Taxes. If any sum payable by the Company or the Selling Shareholder under this Agreement is subject to tax in the hands of an Underwriter or taken into account as a receipt in computing the taxable income of that Underwriter (excluding net income taxes on underwriting commissions payable hereunder), the sum payable to the Underwriter under this Agreement shall be increased to such sum as will ensure that the Underwriter shall be left with the sum it would have had in the absence of such tax. View More