Common use of Currency Equivalent Generally Clause in Contracts

Currency Equivalent Generally. For the purposes of making valuations or computations under this Agreement (but not for the purposes of the preparation of any financial statements delivered pursuant hereto), and in particular, without limitation, for purposes of valuations or computations under Sections 2.14, 5.7, 5.9(g), 5.9(m), 5.11, 5.12, 5.14, 5.18 and 6.1(j), unless expressly provided otherwise, where a reference is made to a U.S. Dollar amount, in order to determine the amount of Canadian Dollars or other currency to be considered as the amount in U.S. Dollars, such amount of Canadian Dollars or other currency shall be the U.S. Dollar Equivalent of such amount. Notwithstanding the foregoing, for purposes of determining compliance with Sections 5.9 and 5.14, with respect to any amount of Debt or obligations secured by Liens in a currency other than Dollars, no breach of any basket contained in such sections shall be deemed to have occurred solely as a result of changes in rates of exchange occurring after the time such Debt or Lien is incurred, or, in the case of Debt incurred pursuant to a commitment, after the time such commitment became a binding (subject to customary conditions) commitment; provided that for the avoidance of doubt, the foregoing provisions of this Section 10.12 shall otherwise apply to such Sections, including with respect to determining whether any Debt or Lien may be incurred at any time under such Sections.

Appears in 2 contracts

Sources: Credit Agreement (Alliance Data Systems Corp), Credit Agreement (Alliance Data Systems Corp)