International Transaction Sample Clauses
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International Transaction. (a) This Agreement arises in the context of an international transaction, and the specification of payment in a specific currency at a specific place pursuant to this Agreement is of the essence. Such specified currency shall be the currency of account and payment under this Agreement. The obligations of the Borrower hereunder shall not be discharged by an amount paid in any other currency or at another place, whether pursuant to a judgment or otherwise, to the extent that the amount so paid, on prompt conversion into the applicable currency and transfer to the Banks under normal banking procedure, does not yield the amount of such currency due under this Agreement. In the event that any payment, whether pursuant to a judgment or otherwise, upon conversion and transfer, does not result in payment of the amount of such currency due under this Agreement, the Banks shall have an independent cause of action against the Borrower for the currency deficit.
(b) If for purposes of obtaining judgment in any court it becomes necessary to convert any currency due hereunder into any other currency, the Borrower will pay such additional amount, if any, as may be necessary to ensure that the amount paid in respect of such judgment is the amount in such other currency which, when converted at the Agent's spot rate of exchange prevailing on the date of payment, would yield the same amount of the currency due hereunder. Any amount due from the Borrower under this Section 3.12(b) will be due as a separate debt and shall not be affected by judgment being obtained for any other sum due under or in respect of this Agreement.
International Transaction. This is an international transaction in which the specification of Dollars is of the essence, and such currency shall be the currency of account in all events. The payment obligations of CEMEX hereunder shall not be discharged by payment in another currency, whether pursuant to a judgment or otherwise, to the extent that the amount so paid on prompt conversion to Dollars in the United States of America under normal banking procedures does not yield the amount of Dollars then due. In the event that any payment by CEMEX, whether pursuant to a judgment or otherwise, upon conversion and transfer, does not result in the full payment of such amount of Dollars at the place such amount is due, the Seller shall be entitled to demand immediate payment of, and shall have a separate cause of action against CEMEX for, the additional amount necessary to yield the full amount of Dollars then due. In the event the Seller, upon the conversion of such judgment into Dollars, shall receive, as a result of currency exchange rate fluctuations, an amount greater than that to which it was entitled, CEMEX shall be entitled to immediate reimbursement of the excess amount.
International Transaction. This Guaranty arises in the context of an international transaction, and the specification of payment to any Agent or any Lender in a specific currency at a specific place and time pursuant to the Operative Documents is of the essence. Such specified currency shall be the currency of account and payment. The obligation of the Guarantors hereunder shall not be discharged by an amount paid in any other currency or at another place or time, whether pursuant to a judgment or otherwise, to the extent that the amount so paid, on prompt conversion into the applicable currency and transfer to the Administrative Agent at the place for payment under normal banking procedure, does not yield the amount of such currency due under this Guaranty and the related Operative Documents. In the event that any payment, whether pursuant to a judgment or otherwise, upon conversion and transfer, does not result in payment of the amount of such currency due under the Operative Documents, the Lenders and the Agents shall have an independent cause of action against the Guarantors for the currency deficiency.
International Transaction. SThe United Nations Convention for the International Sale of Products shall not apply to transactions under this Agreement. The provisions of INCOTERMS® 2020 Edition, International Chamber of Commerce, shall apply to any transaction which involves the sale and transportation of products outside of the United States, or between the United States and another country, and in such situations are incorporated herein by reference, except to the extent contrary to any of the terms hereof.
International Transaction. This Guaranty arises in the context of an ------------------------- international transaction, and the specification of payment to any Agent or any Lender in a specific currency at a specific place and time pursuant to the Operative Documents is of the essence. Such specified currency shall be the currency of account and payment. The obligation of the Guarantors hereunder shall not be discharged by an amount paid in any other currency or at another place or time, whether pursuant to a judgment or otherwise, to the extent that the amount so paid, on prompt conversion into the applicable currency and transfer to the Administrative Agent at the place for payment under normal banking procedure, does not yield the amount of such currency due under this Guaranty and the related Operative Documents. In the event that any payment, whether pursuant to a judgment or otherwise, upon conversion and transfer, does not result in payment of the amount of such currency due under the Operative Documents, the Lenders and the GUARANTY AGREEMENT ------------------ 5 Agents shall have an independent cause of action against the Guarantors for the currency deficiency.