Obligation Currency. The obligation of the parties to make payments hereunder is in U.S. dollars (the “Obligation Currency’’) and such obligation shall not be discharged or satisfied by any tender or recovery pursuant to any judgment expressed in any currency other than the Obligation Currency or any other realization in such other currency, whether as proceeds of set-off, security, guarantee, distributions, or otherwise, except to the extent to which such tender, recovery or realization shall result in the receipt by the party which is to receive such payment of the full amount of the Obligation Currency expressed to be payable hereunder. The party liable to make such payment agrees to indemnify the party which is to receive such payment for the amount (if any) by which such receipt shall exceed the full amount of the Obligation Currency, and, in each case, such obligation shall not be affected by judgment being obtained for any other sums due under this Agreement. The parties agree that the rate of exchange which shall be used to determine if such tender, recovery or realization shall result in the receipt by the party which is to receive such payment of the full amount of the Obligation Currency expressed to be payable hereunder shall be the noon buying rate in New York City for cable transfers in such foreign currency as certified for customs purposes by the Federal Reserve Bank of New York for the business day preceding that on which the judgment becomes a final judgment or, if such noon buying rate is not available, the rate of exchange shall be the rate at which in accordance with normal banking procedures the Underwriters could purchase United States dollars with such foreign currency on the business day preceding that on which the judgment becomes a final judgment.
Obligation Currency. The obligation of the Guaranteeing Subsidiary in respect of any sum due to any Holder shall, notwithstanding any judgment in a currency other than U.S. dollars, not be discharged until the first business day, following receipt by such Holder of any sum adjudged to be so due in such other currency, on which (and only to the extent that) such Holder may in accordance with normal banking procedures purchase U.S. dollars with such other currency; if the U.S. dollars so purchased are less than the sum originally due to such Holder hereunder, the Guaranteeing Subsidiary agree, as a separate obligation and notwithstanding any such judgment, to indemnify such Holder against such loss.
Obligation Currency. The obligation of the Company, the Current Guarantors or Lignum in respect of any sum due to any Initial Purchaser or Holder shall, notwithstanding any judgment in a currency other than U.S. dollars, not be discharged until the first business day, following receipt by such Initial Purchaser or Holder, as the case may be, of any sum adjudged to be so due in such other currency, on which (and only to the extent that) such Initial Purchaser or the Holder, as the case may be, may in accordance with normal banking procedures purchase U.S. dollars with such other currency; if the U.S. dollars so purchased are less than the sum originally due to such Initial Purchaser hereunder, the Company, the Current Guarantors and Lignum agree, as a separate obligation and notwithstanding any such judgment, to indemnify such Initial Purchaser or Holder, as the case may be, against such loss. If the U.S. dollars so purchased are greater than the sum originally due to such Initial Purchaser hereunder, such Initial Purchaser agrees to pay to the Company an amount equal to the excess of the dollars so purchased over the sum originally due to such Initial Purchaser hereunder.
Obligation Currency. 2.19.1. The Client shall meet his or her obligations to the Bank for all types of contracts concluded with the Bank (including credit agreements and security agreements (guarantee, bailment, mortgage) in the currency of obligation, unless otherwise stated in the contracts with the Client. If the obligations are expressed in a foreign currency, the exchange rate into the national currency shall not be a reason to change the amount or currency of such obligations.
2.19.2. In exceptional cases, the Client shall have the right to initiate the change of obligation currency (wholly or partially). Such an initiation can be made by filing the relevant application and/or relevant payment document and/or signing the relevant contract. In the event that the Bank consents to such change, the obligation currency shall be exchanged into the national currency at the rate determined by the Bank for a total amount, which shall not exceed the amount of the payment, and the performance of obligations of this amount can be fulfilled in the national currency.
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Obligation Currency. All obligations of Guarantor hereunder shall be payable in United States dollars. The obligations hereunder of Guarantor to make payments in United States dollars shall not be discharged or satisfied by any tender or recovery pursuant to any judgment expressed in or converted into any other currency, except to the extent that such tender or recovery results in the effective receipt by the Seller of the full amount of in United States dollars owing to it hereunder.
Obligation Currency. The obligation of the parties to make payments hereunder is in U.S. dollars (the "Obligation Currency") and such obligation shall not be discharged or satisfied by any tender or recovery pursuant to any judgment expressed in or converted into any currency other than the Obligation Currency or any other realization in such other currency, whether as proceeds of set-off, security, guarantee, distributions, or otherwise, except to the extent to which such tender, recovery or realization shall result
Obligation Currency. The obligation of the Company in respect of any sum due to any Holder shall, notwithstanding any judgment in a currency other than U.S. dollars, not be discharged until the first business day, following receipt by such Holder of any sum adjudged to be so due in such other currency, on which (and only to the extent that) such Holder may in accordance with normal banking procedures purchase U.S. dollars with such other currency; if the U.S. dollars so purchased are less than the sum originally due to such Holder hereunder, the Company agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Holder against such loss. The Company will furnish to any Holder upon written request and without charge a copy of the Indenture and/or the Registration Rights Agreement. Requests may be made to: Canadian Satellite Radio Holdings Inc. Sxxxx 0000, Xxxxxx Trust Tower BCE Place, 100 Xxx Xxxxxx Xxxxxxx, Xxxxxxx X0X 0X0 Xxxxxx Attention: Chief Financial Officer To assign this Note, fill in the form below:
(I) or (we) assign and transfer this Note to: ___________________________________________________________________________________________________________ (Insert assignee’s legal name) and irrevocably appoint _________________________________________________________________________________________________________________________ to transfer this Note on the books of the Company. The agent may substitute another to act for him. Date: _______________ Your Signature: _______________________________________________ (Sign exactly as your name appears on the face of this Note) Signature Guarantee*: _________________________ * Participant in a recognized Signature Guarantee Medallion Program (or other signature guarantor acceptable to the Trustee). Option of Holder to Elect Purchase If you want to elect to have this Note purchased by the Company pursuant to Section 4.10 or 4.15 of the Indenture, check the appropriate box below: If you want to elect to have only part of the Note purchased by the Company pursuant to Section 4.10 or Section 4.15 of the Indenture, state the amount you elect to have purchased: Date: _______________ Your Signature: _______________________________________________ (Sign exactly as your name appears on the face of this Note) Tax Identification No.: _________________________________ Signature Guarantee*: _________________________ * Participant in a recognized Signature Guarantee Medallion Program (or other signature guarantor ...
Obligation Currency. The obligation of the parties to make payments hereunder is in U.S. dollars (the "Obligation Currency") and such obligation shall not be discharged or satisfied by any tender or recovery pursuant to any judgment expressed in or converted into any currency other than the Obligation Currency or any other realization in such other currency, whether as proceeds of set-off, security, guarantee, distributions, or otherwise, except to the extent to which such tender, recovery or realization shall result in the effective receipt by the party which is to receive such payment of the full amount of the Obligation Currency expressed to be payable hereunder, and the party liable to make such payment agrees to indemnify the party which is to receive such payment (as an additional, separate and independent cause of action) for the amount (if any) by which such effective receipt shall fall short of the full amount of the Obligation Currency expressed to be payable hereunder and such obligation to indemnify shall not be affected by judgment being obtained for any other sums due under this Agreement.
Obligation Currency. The obligation hereunder and under the Notes of the Borrower to make payments in United States dollars shall not be discharged or satisfied by any tender or recovery pursuant to any judgment expressed in or converted into any other currency except to the extent that such tender or recovery results in the effective receipt by the Bank of the full amount of United States dollars payable hereunder, and the Borrower shall promptly indemnify Bank (and the Bank shall have an additional legal claim) for any difference between such full amount and the amount effectively received by Bank pursuant to any such tender or recovery. The amount effectively received by the Bank in United States dollars shall be the amount of United States dollars which Bank is able, in accordance with the practice of international banks, to purchase with the amount of any other currency tendered or recovered.
