Conversion of Currency. Dollars are the sole currency of payment for all sums payable by the Issuer under or in connection with the Notes or the Indenture, including damages. The Issuer has agreed that the provisions of Section 10.1 of the Indenture shall apply to conversion of currency in the case of the Notes and the Indenture. Among other things, Section 10.1 of the Indenture specifies that any amount received or recovered in a currency other than Dollars (whether as a result of, or of the enforcement of, a judgment, decree or order of a court of any jurisdiction, in the winding-up or dissolution of the Issuer or otherwise) in respect of any sum expressed to be due on the Notes and under the Indenture shall only constitute a discharge of such obligation to the extent of the amount of Dollars that the payee of such amounts due is able to purchase, in accordance with normal banking or other normal currency exchange procedures, with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable to make that purchase on that date, on the first date on which it is practicable to do so). If such amount of Dollars is more than the amount expressed to be due on the Notes or under the Indenture, if applicable, then the payee shall reimburse such excess to the payor. If such amount of Dollars is less than the amount expressed to be due on the Notes or under the Indenture, then the payor shall indemnify the payee of such amounts against any loss sustained by it as a result.
Appears in 2 contracts
Samples: Indenture (Camposol Holding PLC), Indenture (Cementos Pacasmayo Saa)
Conversion of Currency. Dollars are the sole currency of payment for all sums payable by the Issuer under or in connection with the Indenture, the Notes or the IndentureNote Guarantees, including damages. The Issuer has agreed that the provisions of Section 10.1 of the Indenture shall apply to conversion of currency in the case of the Indenture, the Notes and the IndentureNote Guarantees. Among other things, Section 10.1 of the Indenture specifies that any amount received or recovered in a currency other than Dollars (whether as a result of, or of the enforcement of, a judgment, decree judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the Issuer Issuer, any Subsidiary or otherwise) in respect of any sum expressed to be due on the Notes and under the Indenture shall only constitute a discharge of such obligation obligation, to the greatest extent permitted under applicable law, to the extent of the Dollar amount of Dollars that which the payee of such amounts due recipient is able to purchase, in accordance with normal banking or other normal currency exchange procedures, purchase with the amount so received or recovered in that other currency on the date of that such receipt or recovery (or, if it is not practicable to make that the purchase on that date, on the first date on which it is practicable to do so). If such the Dollar amount of Dollars is more less than the Dollar amount expressed to be due on to the Notes or recipient under the Indenture, if applicable, then the payee shall reimburse such excess to the payor. If such amount of Dollars is less than the amount expressed to be due on the Notes or the Note Guarantees, to the greatest extent permitted under applicable law, the Indenturepayor shall indemnify and hold harmless the recipient against any loss sustained by it in making any such purchase. In any event, then the payor shall indemnify the payee of such amounts against the cost of making any loss sustained by it as a result.such purchase of Dollars
Appears in 2 contracts
Samples: Indenture (Auna S.A.), Indenture (Auna S.A.A.)
Conversion of Currency. Dollars are the sole currency of payment for all sums payable by the Issuer under or in connection with the Indenture, the Notes or the IndentureNote Guarantees, including damages. The Issuer has agreed that the provisions of Section Section 10.1 of the Indenture shall apply to conversion of currency in the case of the Indenture, the Notes and the IndentureNote Guarantees. Among other things, Section Section 10.1 of the Indenture specifies that any amount received or recovered in a currency other than Dollars (whether as a result of, or of the enforcement of, a judgment, decree judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the Issuer Issuer, any Subsidiary or otherwise) in respect of any sum expressed to be due on the Notes and under the Indenture shall only constitute a discharge of such obligation obligation, to the greatest extent permitted under applicable law, to the extent of the Dollar amount of Dollars that which the payee of such amounts due recipient is able to purchase, in accordance with normal banking or other normal currency exchange procedures, purchase with the amount so received or recovered in that other currency on the date of that such receipt or recovery (or, if it is not practicable to make that the purchase on that date, on the first date on which it is practicable to do so). If such the Dollar amount of Dollars is more less than the Dollar amount expressed to be due on to the Notes or recipient under the Indenture, if applicable, then the payee shall reimburse such excess to the payor. If such amount of Dollars is less than the amount expressed to be due on the Notes or the Note Guarantees, to the greatest extent permitted under applicable law, the Indenturepayor shall indemnify and hold harmless the recipient against any loss sustained by it in making any such purchase. In any event, then the payor shall indemnify the payee of such amounts against the cost of making any loss sustained by it as a result.such purchase of Dollars
Appears in 1 contract
Samples: Indenture (Auna S.A.)
Conversion of Currency. Dollars are the sole currency of payment for all sums payable by the Issuer under or in connection with the Indenture, the Notes or the IndentureNote Guarantees, including damages. The Issuer has agreed that the provisions of Section 10.1 12.1 of the Indenture shall apply to conversion of currency in the case of the Indenture, the Notes and the IndentureNote Guarantees. Among other things, Section 10.1 12.1 of the Indenture specifies that any amount received or recovered in a currency other than Dollars (whether as a result of, or of the enforcement of, a judgment, decree judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the Issuer Issuer, any Subsidiary or otherwise) in respect of any sum expressed to be due on the Notes and under the Indenture shall only constitute a discharge of such obligation obligation, to the greatest extent permitted under applicable law, to the extent of the Dollar amount of Dollars that which the payee of such amounts due recipient is able to purchase, in accordance with normal banking or other normal currency exchange procedures, purchase with the amount so received or recovered in that other currency on the date of that such receipt or recovery (or, if it is not practicable to make that the purchase on that date, on the first date on which it is practicable to do so). If such the Dollar amount of Dollars is more less than the Dollar amount expressed to be due on to the Notes or recipient under the Indenture, if applicable, then the payee shall reimburse such excess to the payor. If such amount of Dollars is less than the amount expressed to be due on the Notes or the Note Guarantees, to the greatest extent permitted under applicable law, the Indenturepayor shall indemnify and hold harmless the recipient against any loss sustained by it in making any such purchase. In any event, then the payor shall indemnify the payee of such amounts against the cost of making any loss sustained by it as a resultsuch purchase of Dollars.
Appears in 1 contract
Samples: Indenture (Auna S.A.)
Conversion of Currency. Dollars are the sole currency of payment for all sums payable by the Issuer under or in connection with the Notes or the Indenture, including damages. The Issuer has agreed that the provisions of Section 10.1 Section 11.1 of the Indenture shall apply to conversion of currency in the case of the Notes and the Indenture. Among other things, Section 10.1 Section 11.1 of the Indenture specifies that any amount received or recovered in a currency other than Dollars (whether as a result of, or of the enforcement of, a judgment, decree or order of a court of any jurisdiction, in the winding-up or dissolution of the Issuer or otherwise) in respect of any sum expressed to be due on the Notes and under the Indenture shall only constitute a discharge of such obligation to the extent of the amount of Dollars that the payee of such amounts due is able to purchase, in accordance with normal banking or other normal currency exchange procedures, with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable to make that purchase on that date, on the first date on which it is practicable to do so). If such amount of Dollars is more than the amount expressed to be due on the Notes or under the Indenture, if applicable, then the payee shall reimburse such excess to the payor. If such amount of Dollars is less than the amount expressed to be due on the Notes or under the Indenture, then the payor shall indemnify the payee of such amounts against any loss sustained by it as a result.
Appears in 1 contract
Samples: Indenture (Gran Tierra Energy Inc.)