Common use of Obligation to Make Payment in Dollars Clause in Contracts

Obligation to Make Payment in Dollars. Any payment on account of an amount that is payable hereunder or under the Notes in Dollars which is made to or for the account of any holder in any other currency, whether as a result of any judgment or order or the enforcement thereof or the realization of any security or the liquidation of the Company, shall constitute a discharge of the obligation of the Company under this Agreement or the Notes only to the extent of the amount of Dollars which such holder could purchase in the foreign exchange markets in London, England, with the amount of such other currency in accordance with normal banking procedures at the rate of exchange prevailing on the London Banking Day following receipt of the payment first referred to above. If the amount of Dollars that could be so purchased is less than the amount of Dollars originally due to such holder, the Company agrees to the fullest extent permitted by law, to indemnify and save harmless such holder from and against all loss or damage arising out of or as a result of such deficiency. This indemnity shall, to the fullest extent permitted by law, constitute an obligation separate and independent from the other obligations contained in this Agreement and the Notes, shall give rise to a separate and independent cause of action, shall apply irrespective of any indulgence granted by such holder from time to time and shall continue in full force and effect notwithstanding any judgment or order for a liquidated sum in respect of an amount due hereunder or under the Notes or under any judgment or order. As used herein the term “London Banking Day” shall mean any day other than Saturday or Sunday or a day on which commercial banks are required or authorized by law to be closed in London, England.

Obligation to Make Payment in Dollars. Any payment on account of an amount that is payable hereunder or under the Notes in Dollars which is made to or for the account of any holder in any other currency, whether as a result of any judgment or order or the enforcement thereof or the realization of any security or the liquidation of the Company, shall constitute a discharge of the obligation of the Company under this Agreement or the Notes only to the extent of the amount of Dollars which such holder could purchase in the foreign exchange markets in London, England, with the amount of such other currency in accordance with normal banking procedures at the rate of exchange prevailing on the London Banking Day following receipt of the payment first referred to above. If the amount of Dollars that could be so purchased is less than the amount of Dollars originally due to such holder, the Company agrees to the fullest extent permitted by law, to indemnify and save harmless such holder from and against all loss or damage arising out of or as a result of such deficiency. This indemnity shall, to the fullest extent permitted by law, constitute an obligation separate and independent from the other obligations contained in this Agreement and the Notes, shall give rise to a separate and independent cause of action, shall apply irrespective of any indulgence granted by such holder from time to time and shall continue in full force and effect notwithstanding any judgment or order for a liquidated sum in respect of an amount due hereunder or under the Notes or under any judgment or order. As used herein the term “London Banking Day” shall mean any day other than Saturday or Sunday or a day on which commercial banks are required or authorized by law to be closed in London, England.. Waste Connections, Inc. Note Purchase Agreement

Obligation to Make Payment in Dollars. Any payment on account of an amount that is payable hereunder or under the Notes in Dollars which is made to or for the account of any holder in any other currency, whether as a result of any judgment or order or the enforcement thereof or the realization of any security or the liquidation of the Company, shall constitute a discharge of the obligation of the Company under this Agreement or the Notes only to the extent of the amount of Dollars which such holder could purchase in the foreign exchange markets in London, England, with the amount of such other currency in accordance with normal banking procedures at the rate of exchange prevailing on the London Banking Day following receipt of the payment first referred to above. If the amount of Dollars that could be so purchased is less than the amount of Dollars originally due to such holder, the Company agrees to the fullest extent permitted by law, to indemnify and save harmless such holder from and against all loss or damage arising out of or as a result of such deficiency. This indemnity shall, to the fullest extent permitted by law, constitute an obligation separate and independent from the other obligations contained in this Agreement and the Notes, shall give rise to a separate and independent cause of action, shall apply irrespective of any indulgence granted by such holder from time to time and shall continue in full force and effect notwithstanding any judgment or order for a liquidated sum in respect of an amount due hereunder or under the Notes or under any judgment or order. As used herein the term “"London Banking Day” " shall mean any day other than Saturday or Sunday or a day on which commercial banks are required or authorized by law to be closed in London, England.

Obligation to Make Payment in Dollars. Any payment on account of an amount that is payable hereunder or under the Notes in Dollars which is made to or for the account of any holder in any other currency, whether as a result of any judgment or order or the enforcement thereof or the realization of any security or the liquidation of the Company, shall constitute a discharge of the obligation of the Company under this Agreement or the Notes only to the extent of the amount of Dollars which such holder could purchase in the foreign exchange markets in London, England, with the amount of such other currency in accordance with normal banking procedures at the rate of exchange prevailing on the London Banking Day following receipt of the payment first referred to above. If the amount of Dollars that could be so purchased is less than the amount of Dollars originally due to such holder, the Company agrees to the fullest extent permitted by law, to indemnify and save harmless such holder from and against all loss or damage arising out of or as a result of such deficiency. This indemnity shall, to the fullest extent permitted by law, constitute an obligation separate and independent from the other obligations contained in this Agreement and the Notes, shall give rise to a separate and independent cause of action, shall apply irrespective of any indulgence granted by such holder from time to time and shall continue in full force and effect notwithstanding any judgment or order for a liquidated sum in respect of an amount due hereunder or under the Notes or under any judgment or order. As used herein the term “London Banking Day” shall mean any day other than Saturday or Sunday or a day on which commercial banks are required or authorized by law to be closed in London, England.the

Obligation to Make Payment in Dollars. Any payment on account of an amount that is payable hereunder or under the Notes in Dollars which is made to or for the account of any holder in any other currency, whether as a result of any judgment or order or the enforcement thereof or the realization of any security or the liquidation of the Company, shall constitute a discharge of the obligation of the Company under this Agreement or the Notes only to the extent of the amount of Dollars which such holder could purchase in the foreign exchange markets in London, England, with the amount of such other currency in accordance with normal banking procedures at the rate of exchange prevailing on the London Banking Day following receipt of the payment first referred to above. If the amount of Dollars that could be so purchased is less than the amount of Dollars originally due to such holder, the Company agrees to the fullest extent permitted by law, to indemnify and save harmless such holder from and against all loss or damage arising out of or as a result of such deficiency. This indemnity shall, to the fullest extent permitted by law, constitute an obligation separate and independent from the other obligations contained in this Agreement and the Notes, shall give rise to a separate and independent cause of action, shall apply irrespective of any indulgence granted by such holder from time to time and shall continue in full force and effect notwithstanding any judgment or order for a liquidated sum in respect of an amount due hereunder or under the Notes or under any judgment or order. As used herein the term “London Banking Day” shall mean any day other than Saturday or Sunday or a day on which commercial banks are required or authorized by law to be closed in London, England.. * * * * * If you are in agreement with the foregoing, please sign the form of agreement on a counterpart of this Agreement and return it to the Company, whereupon this Agreement shall become a binding agreement between you and the Company. Very truly yours, WABCO HOLDINGS INC. By /s/ Xxxx Xxx Xxxx Name: Xxxx Xxx Xxxx Title: Treasurer This Agreement is hereby accepted and agreed to as of the date thereof. MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY By: Babson Capital Management LLC as Investment Adviser By /s/ Xxxxxxx X. Xxxxxxx Name: Xxxxxxx X. Xxxxxxx Its: Managing Director CM LIFE INSURANCE COMPANY By: Babson Capital Management LLC as Investment Adviser By /s/ Xxxxxxx X. Xxxxxxx Name: Xxxxxxx X. Xxxxxxx Its: Managing Director This Agreement is hereby accepted and agreed to as of the date thereof. GENERAL AMERICAN LIFE INSURANCE COMPANY By: Metropolitan Life Insurance Company, its Investment Manager METLIFE INSURANCE COMPANY USA By: Metropolitan Life Insurance Company, its Investment Manager NEW ENGLAND LIFE INSURANCE COMPANY By: Metropolitan Life Insurance Company, its Investment Manager By /s/ Xxxx X. Xxxxx Name: Xxxx X. Xxxxx Its: Managing Director UNION FIDELITY LIFE INSURANCE COMPANY By: MetLife Investment Advisors, LLC, Its Investment Adviser By /s/ C. Xxxxx Xxxxxx Name: C. Xxxxx Xxxxxx Its: Managing Director This Agreement is hereby accepted and agreed to as of the date thereof. NEW YORK LIFE INSURANCE COMPANY By /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Its: Vice President NEW YORK LIFE INSURANCE AND ANNUITY CORPORATION By: NYL Investors LLC, its Investment Manager By /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Its: Managing Director NEW YORK LIFE INSURANCE AND ANNUITY CORPORATION INSTITUTIONALLY OWNED LIFE INSURANCE SEPARATE ACCOUNT (BOLI 3-2) By: NYL Investors LLC, its Investment Manager By /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Its: Managing Director This Agreement is hereby accepted and agreed to as of the date thereof. VOYA INSURANCE AND ANNUITY COMPANY VOYA RETIREMENT INSURANCE AND ANNUITY COMPANY RELIASTAR LIFE INSURANCE COMPANY SECURITY LIFE OF DENVER INSURANCE COMPANY By: Voya Investment Management LLC, as Agent By /s/ Xxxx Xxxxxxx Name: Xxxx Xxxxxxx Its: Senior Vice President XXX 2013-1 LLC By: Voya Investment Management Co. LLC, as Agent By /s/ Xxxx Xxxxxxx Name: Xxxx Xxxxxxx Its: Senior Vice President This Agreement is hereby accepted and agreed to as of the date thereof. ALLIANZ LIFE INSURANCE COMPANY OF NORTH AMERICA By /s/ Xxxxx X. Xxxxxx Name: Xxxxx X. Xxxxxx Its: Assistant Treasurer This Agreement is hereby accepted and agreed to as of the date thereof. THE LINCOLN NATIONAL LIFE INSURANCE COMPANY By: Delaware Investment Advisers, a series of Delaware Management Business Trust, Attorney in Fact By /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Its: Vice President LINCOLN LIFE & ANNUITY COMPANY OF NEW YORK By: Delaware Investment Advisers, a series of Delaware Management Business Trust, Attorney in Fact By /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Its: Vice President This Agreement is hereby accepted and agreed to as of the date thereof. TRANSAMERICA FINANCIAL LIFE INSURANCE COMPANY BY: AEGON USA Investment Management, LLC, its investment manager By /s/ Xxxx Xxxxxxxxx Name: Xxxx Xxxxxxxxx Its: Vice President TRANSAMERICA LIFE INSURANCE COMPANY By: AEGON USA Investment Management, LLC, its investment manager By /s/ Xxxx Xxxxxxxxx Name: Xxxx Xxxxxxxxx Its: Vice President This Agreement is hereby accepted and agreed to as of the date thereof. STATE FARM LIFE INSURANCE COMPANY By /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Its: Senior Investment Officer – Fixed Income By /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Its: Investment Officer STATE FARM LIFE AND ACCIDENT ASSURANCE COMPANY By /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Its: Senior Investment Officer – Fixed Income By /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Its: Investment Officer This Agreement is hereby accepted and agreed to as of the date thereof. PACIFIC LIFE INSURANCE COMPANY By /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Its: Assistant Vice President By /s/ Xxxxx X. Xxxxx Name: Xxxxx X. Xxxxx Its: Assistant Secretary This Agreement is hereby accepted and agreed to as of the date thereof. GREAT-WEST LIFE & ANNUITY INSURANCE COMPANY By /s/ Xxx Xxxxxxx Name: Xxx Xxxxxxx Its: Vice President, Investments By /s/ Xxx Xxxxxxxx Name: Xxx Xxxxxxxx Its: Assistant Vice President, Investments This Agreement is hereby accepted and agreed to as of the date thereof. THE GUARDIAN LIFE INSURANCE COMPANY OF AMERICA By /s/ Xxxxxxxxx X. Xxxxxx Name: Xxxxxxxxx X. Xxxxxx Its: Senior Director This Agreement is hereby accepted and agreed to as of the date thereof. MODERN WOODMEN OF AMERICA By /s/ Xxxxx X. Van Name: Xxxxx X. Van Its: Treasurer & Investment Manager This Agreement is hereby accepted and agreed to as of the date thereof. CATHOLIC FINANCIAL LIFE GUIDEONE MUTUAL INSURANCE COMPANY UNITEDHEALTHCARE INSURANCE COMPANY MINNESOTA LIFE INSURANCE COMPANY CATHOLIC LIFE INSURANCE COLORADO BANKERS LIFE INSURANCE COMPANY DEARBORN NATIONAL LIFE INSURANCE COMPANY MTL INSURANCE COMPANY TRUSTMARK INSURANCE COMPANY By: Advantus Capital Management, Inc. By /s/ Xxxxxxxx X. Xxxxxxxx Name: Xxxxxxxx X. Xxxxxxxx Its: Vice President This Agreement is hereby accepted and agreed to as of the date thereof. AMERICAN EQUITY INVESTMENT LIFE INSURANCE COMPANY By /s/ Xxxxxxx X. Xxxxxxx Name: Xxxxxxx X. Xxxxxxx Its: Authorized Signatory This Agreement is hereby accepted and agreed to as of the date thereof. UNITED OF OMAHA LIFE INSURANCE COMPANY By /s/ Xxxxxx X. Xxxxx Name: Xxxxxx X. Xxxxx Its: Vice President COMPANION LIFE INSURANCE COMPANY By /s/ Xxxxxx X. Xxxxx Name: Xxxxxx X. Xxxxx Its: An Authorized Signer This Agreement is hereby accepted and agreed to as of the date thereof. PHOENIX LIFE INSURANCE COMPANY By /s/ Xxxxxxxxxxx X. Xxxxxx, CFA Name: Xxxxxxxxxxx X. Xxxxxx, CFA Its: Executive Vice President & Chief Investment Officer PHL VARIABLE INSURANCE COMPANY By /s/ Xxxxxxxxxxx X. Xxxxxx, CFA Name: Xxxxxxxxxxx X. Xxxxxx, CFA Its: Executive Vice President & Chief Investment Officer This Agreement is hereby accepted and agreed to as of the date thereof. OHIO NATIONAL LIFE ASSURANCE CORPORATION By /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Its: Vice President THE OHIO NATIONAL LIFE INSURANCE COMPANY By /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Its: Vice President DEFINED TERMS As used herein, the following terms have the respective meanings set forth below or set forth in the Section hereof following such term: