Extent of discharge. An amount received or recovered in a currency other than the Contractual Currency (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the insolvency, winding-up or dissolution of the Issuer or otherwise), by a party hereto in respect of any sum expressed to be due to it from another party will only discharge that party to the extent of the Contractual Currency amount which the recipient is able to purchase 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).
Appears in 13 contracts
Samples: Subscription Agreement (Semiconductor Manufacturing International Corp), Subscription Agreement (Semiconductor Manufacturing International Corp), Subscription Agreement (Xinxin (Hong Kong) Capital Co., LTD)
Extent of discharge. An amount received or recovered in a currency other than the Contractual Currency (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the insolvency, winding-up or dissolution of the Issuer or otherwise), by a party hereto the Investor in respect of any sum expressed to be due to it from another party the Issuer will only discharge that party the Issuer to the extent of the Contractual Currency amount which the recipient is able to purchase 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).
Appears in 4 contracts
Samples: Convertible Bond Subscription Agreement (Alvotech), Convertible Bond Subscription Agreement (Alvotech), Convertible Bond Subscription Agreement (Alvotech)
Extent of discharge. An amount received or recovered in a currency other than the Contractual Currency (whether as a result of, or of on the enforcement of, a judgment or order of a court of any jurisdiction, in the insolvency, winding-up or dissolution of the Issuer or otherwise), by a party hereto the Trustee or any Noteholder in respect of any sum expressed to be due to it from another party the Issuer will only discharge that party the Issuer to the extent of the Contractual Currency amount which the recipient is able to purchase 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).
Appears in 3 contracts
Samples: Trust Deed, Trust Deed, Trust Deed
Extent of discharge. An amount received or recovered in a currency other than the Contractual Currency (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the insolvency, winding-up or dissolution of the Issuer or otherwise), by a party hereto the Trustee or any Bondholder in respect of any sum expressed to be due to it from another party the Issuer will only discharge that party the Issuer to the extent of the Contractual Currency amount which the recipient is able to purchase 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).
Appears in 2 contracts
Samples: Trust Deed (Las Vegas Sands Corp), Trust Deed Amendment (China Architectural Engineering, Inc.)
Extent of discharge. An amount received or recovered in a currency other than the Contractual Currency (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the insolvency, winding-up or dissolution of the Issuer or otherwise), by a party hereto the Managers in respect of any sum expressed to be due to it from another party the Issuer will only discharge that party the Issuer to the extent of the Contractual Currency amount which the recipient is able to purchase 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).
Appears in 2 contracts
Samples: Subscription Agreement, Subscription Agreement
Extent of discharge. An amount received or recovered in a currency other than the Contractual Specified Currency (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the insolvency, winding-winding up or dissolution of the Issuer or otherwise), by a party hereto the Trustee or any Noteholder in respect of any sum expressed to be due to it from another party the Issuer will only discharge that party the Issuer to the extent of the Contractual Specified Currency amount which the recipient is able to purchase 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).; and
Appears in 1 contract
Samples: Principal Trust Deed
Extent of discharge. An amount received or recovered in a currency other than the Contractual Currency (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the insolvency, winding-winding- up or dissolution of the Issuer Company or otherwise), by a party hereto the Trustee or any Bondholder in respect of any sum expressed to be due to it from another party the Company will only discharge that party the Company to the extent of the Contractual Currency amount which the recipient is able to purchase 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).
Appears in 1 contract
Samples: Subscription Agreement
Extent of discharge. An amount received or recovered in a currency other than the Contractual Currency (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the insolvency, winding-up or dissolution of the Issuer or otherwise), by a party hereto the Trustee in respect of any sum expressed to be due to it from another party the Issuer will only discharge that party the Issuer to the extent of the Contractual Currency amount which the recipient is able to purchase 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).; and
Appears in 1 contract
Samples: Trust Deed