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 winding up or dissolution of the Issuer or otherwise) by the Trustee or the U.S. Trustee or any Bondholder in respect of any sum expressed to be due to it from the Issuer will only discharge 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 2 contracts
Samples: Trust Deed (LBI Ehf.), Trust Deed (LBI Hf.)
Extent of discharge. an 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 winding insolvency, winding-up or dissolution of the Issuer or otherwise) ), by the Trustee or the U.S. Trustee or any Bondholder Noteholder in respect of any sum expressed to be due to it from the Issuer will only discharge 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 2 contracts
Samples: Trust Deed Amendment, Trust Deed (Acergy S.A.)
Extent of discharge. an 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 winding insolvency, bankruptcy, winding-up or dissolution of the Issuer or otherwise) by the Trustee or the U.S. Trustee or any Bondholder Noteholder in respect of any sum expressed to be due to it from the Issuer will only discharge 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 2 contracts
Extent of discharge. an 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 winding insolvency, winding-up or dissolution of the Issuer or otherwise) ), by the Trustee or the U.S. Bond Trustee or any Bondholder in respect of any sum expressed to be due to it from the Issuer will only discharge 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
Extent of discharge. an 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 winding insolvency, winding-up or dissolution of the Issuer or the Guarantor or otherwise) ), by the Trustee or the U.S. Trustee or any Bondholder Noteholder in respect of any sum expressed to be due to it from the Issuer or Guarantor will only discharge the Issuer and Guarantor 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
Extent of discharge. an 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 winding insolvency, winding-up or dissolution of the Issuer or otherwise) ), by the Trustee or the U.S. Trustee any Noteholder or any Bondholder Couponholder in respect of any sum expressed to be due to it from the Issuer will only discharge 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 (PPL Corp)
Extent of discharge. an 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 winding insolvency, winding-up or dissolution of the Issuer or otherwise) ), by the Trustee or the U.S. Trustee or any Bondholder Investor in respect of any sum expressed to be due to it from the Major Shareholders and the Issuer will only discharge the Major Shareholders and 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: Subscription and Investor’s Rights Agreement (CHINA METRO-RURAL HOLDINGS LTD)
Extent of discharge. an 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 winding insolvency, winding-up or dissolution of the Issuer any Obligor or otherwise) ), by the Trustee or the U.S. Trustee or any Bondholder Subscriber in respect of any sum expressed to be due to it from the Issuer any Obligor will only discharge the Issuer such Obligor 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: Subscription Agreement
Extent of discharge. an 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 winding insolvency, winding-up or dissolution of the Issuer or otherwise) ), by the Trustee or the U.S. Trustee any Noteholder or any Bondholder Couponholder in respect of any sum expressed to be due to it from the Issuer will shall only discharge the Issuer to the extent of the Contractual Currency amount which that 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
Extent of discharge. an 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 winding insolvency, winding-up or dissolution of the Issuer or otherwise) ), by the Trustee or the U.S. Trustee or any Bondholder Joint Lead Managers in respect of any sum expressed to be due to it from the Issuer will only discharge 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: Subscription Agreement
Extent of discharge. an 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 winding insolvency, winding-up or dissolution of the Issuer or otherwise) ), by the Trustee or the U.S. Trustee or any Bondholder Placing Agent in respect of any sum expressed to be due to it from the Issuer will only discharge 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: Placing Agency Agreement