Common use of Matters Relating to Affected Payments During Dollar Constraint Clause in Contracts

Matters Relating to Affected Payments During Dollar Constraint. Upon acceptance of a Security, the Holder thereof is deemed to have agreed that, notwithstanding any provision hereof or of such Security to the contrary, upon the occurrence, and during the continuance of, a Dollar Constraint, subject to compliance by the Company and the Guarantors, as the case may be, with the provisions of this Section 3.15, neither the Company nor any Guarantor shall be required to make an Affected Payment, except as expressly contemplated in this Section 3.15, and, accordingly: (i) interest shall not accrue on any Affected Payment of principal or interest timely made or postponed hereunder from the original Payment Date for such Affected Payment in respect of any portion of the principal amount of Securities held by any Holder for which such Holder shall have elected to receive payment in reais pursuant to Section 3.14(c)(i)(x) or (d) hereof; (ii) the amount of any Affected Payment timely made or postponed hereunder shall not constitute an overdue amount for any purpose; (iii) such Securities shall continue to bear interest at the rate of interest otherwise provided for with respect to such Securities until paid in full; and (iv) on the Payment Date for any Affected Payment with respect to which such Holder shall have elected to receive payment in reais pursuant to Section 3.14(c)(i)(x) or (d) hereof, the obligations of the Company and each Guarantor to make such Affected Payment in dollars shall be discharged by payment in reais on such Payment Date; provided, however, that if the Company or any Guarantor is prevented or restricted, legally or de facto, from purchasing reais in the exchange markets in Brazil at the commercial rate of exchange in effect at such time, the Company or such Guarantor's obligation to make payments on the Securities in reais during the continuance of a Dollar Constraint shall be suspended until it is no longer so prevented or restricted. Any payment made pursuant to this Section 3.15(f) is in lieu of any payment which the Company would make pursuant to any other provision of the Securities.

Matters Relating to Affected Payments During Dollar Constraint. Upon acceptance of a Security, the Holder thereof is deemed to have agreed that, notwithstanding any provision hereof or of such Security to the contrary, upon the occurrence, and during the continuance of, a Dollar Constraint, subject to compliance by the Company and the Guarantors, as the case may be, with the provisions of this Section 3.153.14, neither the Company nor any Guarantor shall be required to make an Affected Payment, except as expressly contemplated in this Section 3.153.14, and, accordingly: (i) interest shall not accrue on any Affected Payment of principal or interest timely made or postponed hereunder from the original Payment Date for such Affected Payment in respect of any portion of the principal amount of Securities held by any Holder for which such Holder shall have elected to receive payment in reais pursuant to Section 3.14(c)(i)(x) or (d) hereof; (ii) the amount of any Affected Payment timely made or postponed hereunder shall not constitute an overdue amount for any purpose; (iii) such Securities shall continue to bear interest at the rate of interest otherwise provided for with respect to such Securities until paid in full; and (iv) on the Payment Date for any Affected Payment with respect to which such Holder shall have elected to receive payment in reais pursuant to Section 3.14(c)(i)(x) or (d) hereof, the obligations of the Company and each Guarantor to make such Affected Payment in dollars shall be discharged by payment in reais on such Payment Date; provided, however, that if the Company or any Guarantor is prevented or restricted, legally or de facto, from purchasing reais in the exchange markets in Brazil at the commercial rate of exchange in effect at such time, the Company or such Guarantor's ’s obligation to make payments on the Securities in reais during the continuance of a Dollar Constraint shall be suspended until it is no longer so prevented or restricted. Any payment made pursuant to this Section 3.15(f3.14(f) is in lieu of any payment which the Company would be required to make pursuant to any other provision of the Securities.

Matters Relating to Affected Payments During Dollar Constraint. Upon acceptance of a Security, the Holder thereof is deemed to have agreed that, notwithstanding any provision hereof or of such Security to the contrary, upon the occurrence, and during the continuance of, a Dollar Constraint, subject to compliance by the Company and the Guarantors, as the case may be, with the provisions of this Section 3.15, neither the Company nor any Guarantor shall be required to make an Affected Payment, except as expressly contemplated in this Section 3.15, and, accordingly: (i) interest shall not accrue on any Affected Payment of principal or interest timely made or postponed hereunder from the original Payment Date for such Affected Payment in respect of any portion of the principal amount of Securities held by any Holder for which such Holder shall have elected to receive payment in reais pursuant to Section 3.14(c)(i)(x) or (d) hereof; (ii) the amount of any Affected Payment timely made or postponed hereunder shall not constitute an overdue amount for any purpose; (iii) such Securities shall continue to bear interest at the rate of interest otherwise provided for with respect to such Securities until paid in full; and (iv) on the Payment Date for any Affected Payment with respect to which such Holder shall have elected to receive payment in reais pursuant to Section 3.14(c)(i)(x) or (d) hereof, the obligations of the Company and each Guarantor to make such Affected Payment in dollars shall be discharged by payment in reais on such Payment Date; provided, however, that if the Company or any Guarantor is prevented or restricted, legally or de facto, from purchasing reais in the exchange markets in Brazil at the commercial rate of exchange in effect at such time, the Company or such Guarantor's ’s obligation to make payments on the Securities in reais during the continuance of a Dollar Constraint shall be suspended until it is no longer so prevented or restricted. Any payment made pursuant to this Section 3.15(f) is in lieu of any payment which the Company would make pursuant to any other provision of the Securities.

Matters Relating to Affected Payments During Dollar Constraint. Upon acceptance of a Security, the Holder thereof is deemed to have agreed that, notwithstanding any provision hereof or of such Security to the contrary, upon the occurrence, and during the continuance of, a Dollar Constraint, subject to compliance by the Company and the Guarantors, as the case may be, with the provisions of this Section 3.153.14, neither the Company nor any Guarantor shall be required to make an Affected Payment, except as expressly contemplated in this Section 3.153.14, and, accordingly: (i) interest shall not accrue on any Affected Payment of principal or interest timely made or postponed hereunder from the original Payment Date for such Affected Payment in respect of any portion of the principal amount of Securities held by any Holder for which such Holder shall have elected to receive payment in reais pursuant to Section 3.14(c)(i)(x) or (d) hereof; (ii) the amount of any Affected Payment timely made or postponed hereunder shall not constitute an overdue amount for any purpose; (iii) such Securities shall continue to bear interest at the rate of interest otherwise provided for with respect to such Securities until paid in full; and (iv) on the Payment Date for any Affected Payment with respect to which such Holder shall have elected to receive payment in reais pursuant to Section 3.14(c)(i)(x) or (d) hereof, the obligations of the Company and each Guarantor to make such Affected Payment in dollars shall be discharged by payment in reais on such Payment Date; provided, however, that if the Company or any Guarantor is prevented or restricted, legally or de facto, from purchasing reais in the exchange markets in Brazil at the commercial rate of exchange in effect at such time, the Company or such Guarantor's obligation to make payments on the Securities in reais during the continuance of a Dollar Constraint shall be suspended until it is no longer so prevented or restricted. Any payment made pursuant to this Section 3.15(f3.14(f) is in lieu of any payment which the Company would be required to make pursuant to any other provision of the Securities.