Common use of Modified Payment Obligations During a Dollar Constraint Clause in Contracts

Modified Payment Obligations During a Dollar Constraint. If a Dollar Constraint occurs on, or has occurred and is continuing as of, the date on which payment in dollars of any Affected Payment shall be due, then, provided that the Company shall have complied with the terms of Section 3.15(a) above, notwithstanding any provision hereof or of any Securities to the contrary, (i) neither the Company nor any Guarantor shall be obligated to make the applicable Affected Payment in dollars and (ii) the obligations of the Company and each Guarantor shall be modified as set forth below, unless Brazilian law or regulation requires otherwise. The amount of any Affected Payment due during any fiscal year which was not paid by the Company or any Guarantor to the Holders during such fiscal year as a result of the continuance of a Dollar Constraint shall be deducted from the amount of “Excess Cash Flow” with respect to such fiscal year for purposes of calculating the amount payable by the Company with respect to such fiscal year pursuant to Section 11.02(a) .

Modified Payment Obligations During a Dollar Constraint. If a Dollar Constraint occurs on, or has occurred and is continuing as of, the date on which payment in dollars of any Affected Payment shall be due, then, provided that the Company shall have complied with the terms of Section 3.15(a3.14(a) above, notwithstanding any provision hereof or of any Securities to the contrary, (i) neither the Company nor any Guarantor shall be obligated to make the applicable Affected Payment in dollars and (ii) the obligations of the Company and each Guarantor shall be modified as set forth below, unless Brazilian law or regulation requires otherwise. The amount of any Affected Payment due during any fiscal year which was not paid by the Company or any Guarantor to the Holders during such fiscal year as a result of the continuance of a Dollar Constraint shall be deducted from the amount of “"Excess Cash Flow” " with respect to such fiscal year for purposes of calculating the amount payable by the Company with respect to such fiscal year pursuant to Section 11.02(a) ).

Modified Payment Obligations During a Dollar Constraint. If a Dollar Constraint occurs on, or has occurred and is continuing as of, the date on which payment in dollars of any Affected Payment shall be due, then, provided that the Company shall have complied with the terms of Section 3.15(a3.14(a) above, notwithstanding any provision hereof or of any Securities to the contrary, (i) neither the Company nor any Guarantor shall be obligated to make the applicable Affected Payment in dollars and (ii) the obligations of the Company and each Guarantor shall be modified as set forth below, unless Brazilian law or regulation requires otherwise. The amount of any Affected Payment due during any fiscal year which was not paid by the Company or any Guarantor to the Holders during such fiscal year as a result of the continuance of a Dollar Constraint shall be deducted from the amount of “Excess Cash Flow” with respect to such fiscal year for purposes of calculating the amount payable by the Company with respect to such fiscal year pursuant to Section 11.02(a) .

Modified Payment Obligations During a Dollar Constraint. If a Dollar Constraint occurs on, or has occurred and is continuing as of, the date on which payment in dollars of any Affected Payment shall be due, then, provided that the Company shall have complied with the terms of Section 3.15(a) above, notwithstanding any provision hereof or of any Securities to the contrary, (i) neither the Company nor any Guarantor shall be obligated to make the applicable Affected Payment in dollars and (ii) the obligations of the Company and each Guarantor shall be modified as set forth below, unless Brazilian law or regulation requires otherwise. The amount of any Affected Payment due during any fiscal year which was not paid by the Company or any Guarantor to the Holders during such fiscal year as a result of the continuance of a Dollar Constraint shall be deducted from the amount of “"Excess Cash Flow” " with respect to such fiscal year for purposes of calculating the amount payable by the Company with respect to such fiscal year pursuant to Section 11.02(a) ).