Foreign Exchange Rate Sample Clauses

Foreign Exchange Rate. All payments to be made by a Party under this Agreement shall be made in U.S. dollars unless otherwise consented to in writing by the other Party. Except as expressly provided herein, any amount which is not expressed in U.S. dollars shall be converted into U.S. dollars by using the Bloomberg fixing rate at 5:00 pm New York City Time on the day before the date the payment is required to be made or, as applicable, on which an invoice is submitted (provided, however, that with regard to any payments in respect of Indemnifiable Losses for payments made to third parties, the date shall be the day before the relevant payment was made to the Third Party) or in the Wall Street Journal on such date if not so published on Bloomberg. Except as expressly provided herein, in the event that any indemnification payment required to be made hereunder may be denominated in a currency other than U.S. dollars, the amount of such payment shall be converted into U.S. dollars on the date in which notice of the claim is given to the Indemnifying Party.

Foreign Exchange Rate. (a) No later than 1:00 P.M. (Chicago time) on each Calculation Date, the Administrative Agent shall determine the Exchange Rate as of such Calculation Date with respect to each applicable non-Dollar currency, provided that, upon receipt of a borrowing notice pursuant to Section 2.03, the Administrative Agent shall determine the Exchange Rate with respect to the relevant Foreign Currency on the related Calculation Date (it being acknowledged and agreed that the Administrative Agent shall use such Exchange Rate for the purposes of determining compliance with Section 2.01(b) with respect to such borrowing notice). The Exchange Rates so determined shall become effective on the relevant Calculation Date (a “Reset Date”), shall remain effective until the next succeeding Reset Date and shall for all purposes of this Agreement (other than Section 9.16 and any other provision expressly requiring the use of a current Exchange Rate) be the Exchange Rates employed in converting any amounts between Dollars and any non-Dollar currency. (b) No later than 5:00 P.M. (Chicago time) on each Reset Date, the Administrative Agent shall determine the aggregate amount of the Dollar Equivalents of (i) the principal amounts of the Foreign Currency Loans then outstanding (after giving effect to any Foreign Currency Loans to be made or repaid on such date) and (ii) the LC Exposure denominated in any Foreign Currency then outstanding. (c) The Administrative Agent shall promptly notify the Borrower and the Lenders of each determination of an Exchange Rate hereunder.

Foreign Exchange Rate. If any amount required to be paid hereunder is determined by reference to a Tax, Tax refund, Tax Benefit or Tax Detriment that is denominated in a currency other than United States dollars, such payment shall be made in United States dollars and the amount thereof shall be computed using the Foreign Exchange Rate for such currency determined as of the date that such Tax is paid, such Tax refund is received or such Tax Benefit or Tax Detriment reduces or increases the amount of Tax or Tax refund that would otherwise be paid or received.

Foreign Exchange Rate. 2.1 The pricing set out in Section 1.1 is based upon the Canadian dollar to U.S. dollar exchange rate of 1.377 (“Baseline Rate”). The actual exchange rate shall be calculated at the end of each month using the monthly average exchange rate as reported on w▇▇.▇▇▇▇▇.▇▇▇. If w▇▇.▇▇▇▇▇.▇▇▇ is no longer available, the Parties shall agree to an alternative exchange rate source and, if the Parties cannot agree, then the Parties shall use the average of the daily rates as reported in the Wall Street Journal for that month. 2.1.1 In the event the foreign exchange rate falls below the Baseline Rate, MCI will pay RMH an amount equal to sixty percent (60%) of the difference between (i) actual b▇▇▇▇▇▇▇ for Services performed and (ii) b▇▇▇▇▇▇▇ for Services performed had RMH’s rates for performing such services been priced at the actual monthly average exchange rate. For example, assuming average actual monthly exchange rate of 1.300 Canadian dollars to U.S. dollars, and total monthly b▇▇▇▇▇▇▇ of $1,000,000, MCI will provide RMH with an incremental $35,538. Calculation is ((Baseline Rate divided by actual average monthly exchange rate)- 1) * Total Monthly b▇▇▇▇▇▇▇ * 60%. Such additional payment shall be reflected on the next weekly invoice provided by RMH pursuant to Section 5.2 of the Agreement as amended herein. 2.1.2 In the event the foreign exchange rate rises above the Baseline Rate, RMH will provide MCI with a discount on the next weekly invoice provided by RMH pursuant to Section 5.2 of the Agreement as amended herein equal to sixty percent (60%) of the difference between (i) actual b▇▇▇▇▇▇▇ for Services performed and (ii) b▇▇▇▇▇▇▇ for Services performed had RMH’s rates for performing such Services been priced at the actual monthly average exchange rate up to an exchange rate of 1.535 CAD$ to USD$ and one hundred percent (100%) of the difference between (i) actual b▇▇▇▇▇▇▇ for Services performed and (ii) b▇▇▇▇▇▇▇ for Services performed had RMH’s rates for performing such Services been priced at the actual monthly average exchange rate above 1.535 CAD$ to USD$. For example, assuming average actual monthly exchange rate of 1.400 Canadian dollars to U.S. dollars, and total monthly b▇▇▇▇▇▇▇ of $1,000,000, MCI will receive a discount of $9,857. Calculation is: (((1–Baseline Rate divided by actual average monthly exchange rate)) * Monthly b▇▇▇▇▇▇▇ * 60% if below 1.535 and 100% if 1.535 or above.

Foreign Exchange Rate. (a) No later than 1:00 P.M. (New York City time) on each Calculation Date, the Administrative Agent shall determine the Exchange Rate as of such Calculation Date with respect to Canadian Dollars, provided that, upon receipt of a Borrowing Notice with respect to a Working Capital Facility Loan or Swing Line Loan pursuant to Section 2.5, the Administrative Agent shall determine the Exchange Rate with respect to Canadian Dollars on the related Calculation Date (it being acknowledged and agreed that the Administrative Agent shall use such Exchange Rate for the purposes of determining compliance with Section 2.1(a), Section 2.1(b) or Section 2.3, as applicable, with respect to such Borrowing Notice). The Exchange Rates so determined shall become effective on the relevant Calculation Date (a “Reset Date”), shall remain effective until the next succeeding Reset Date and shall for all purposes of this Agreement (other than Section 11.25 and any other provision expressly requiring the use of a current Exchange Rate) be the Exchange Rates employed in converting any amounts between United States Dollars and Canadian Dollars. (b) No later than 5:00 P.M. (New York City time) on each Reset Date, the Administrative Agent shall determine the aggregate amount of the Dollar Equivalents of (i) the principal amounts of Loans denominated in Canadian Dollars then outstanding (after giving effect to any Loans to be made or repaid on such date), (ii) the aggregate then undrawn and unexpired amount of the then outstanding Multicurrency Working Capital Facility Letters of Credit denominated in Canadian Dollars and (iii) the aggregate amount of drawings under Multicurrency Working Capital Facility Letters of Credit denominated in Canadian Dollars that have not then been reimbursed or converted to a Multicurrency Working Capital Facility Loan. (c) The Administrative Agent shall promptly notify the Borrowers and the Working Capital Facility Lenders of each determination of an Exchange Rate hereunder.

Foreign Exchange Rate. The intermediate exchange rate between RMB and US Dollars promulgated by the People’s Bank of China (or its designated agency) on the tenth (10th) Business Day prior to the actual payment date shall apply with respect to any conversion between US Dollars and RMB.

Foreign Exchange Rate. The Consideration assumes the Foreign Exchange rate between the U.S. dollar and the Canadian Dollar remains within a range of CDN$ to CDN$. In the event the average Foreign Exchange rate of any given month falls outside of this range, the Consideration will be prorated based on an exchange rate of CDN$ for that same month.

Foreign Exchange Rate. (a) No later than 1:00 P.M. (New York City time) on each Calculation Date, the Administrative Agent shall determine the Spot Selling Rate as of such Calculation Date with respect to Canadian Dollars. The Spot Selling Rates so determined shall become effective on the relevant Calculation Date (a “Reset Date”), shall remain effective until the next succeeding Reset Date and shall for all purposes of this Agreement (other than Section 10.18 and any other provision expressly requiring the use of a current Spot Selling Rate) be the Spot Selling Rates employed in converting any amounts between Dollars and Canadian Dollars. (b) No later than 5:00 P.M. (New York City time) on each Reset Date, the Administrative Agent shall determine the aggregate amount of the Dollar Equivalents of the principal amounts of the Loans in Canadian Dollars to the Canadian Borrower then outstanding. (c) The Administrative Agent shall promptly notify the Borrowers of each determination of a Spot Selling Rate hereunder.

Foreign Exchange Rate. Average Foreign Exchange rate for purchases and sales in dollars in the financial system published periodically by the Superintendence of Banking and Insurance and published in the Official Gazette El Peruano, for conversion of New Soles into U.S. Dollars and vice versa. This is the Structural Reinforcement Tower of Arenales Commercial Complex which represents property covered by the Project owned by ESSALUD which shall be delivered to the OPERATING COMPANY as public infrastructure for purposes of this AGREEMENT. It is located at ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇ y 14 S/N in the district of ▇▇▇▇▇ ▇▇▇▇▇ and whose construction is an integral part of the Arenales Commercial Complex Center which is inside of the boundaries of the supermanzana [mega-block] recorded on Sheet No. 114791 which continues on Electronic Certificate No. 40723110 of Public Registries of Lima and shall be free of encumbrances. Building which has an approximate land area of 5,625 square meters and an approximate built area of 38,947 square meters, work which was paralyzed in 1990. The detailed description of the construction is described in Annexes A-I and III. [1.5.9.3] [A3_Agreement ▇▇▇▇▇ ▇▇▇▇▇▇,pdf] [Page 18 of 489] [watermark:] ▇▇▇▇▇▇▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇.▇▇▇ Project Apple / 2/20/2020 10:42 PM CONFIDENTIAL 18