Obligation to Make Payments in Applicable Currency. (a) Any payment by an Obligor on account of an amount that is payable hereunder or under a Note in the Applicable Currency that is made to or for the account of any holder of such Note in any other currency, whether as a result of any judgment or order or the enforcement thereof or the liquidation of such Obligor, shall constitute a discharge of the obligation of such Obligor under this Agreement or the Notes, as the case may be, only to the extent of the amount of the Applicable Currency that 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 the Applicable Currency that could be so purchased is less than the amount of the Applicable Currency originally due to such holder, the Obligors agree 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.
Obligation to Make Payments in Applicable Currency. (a) Any payment on account of an amount that is payable hereunder or under the Notes or the Guarantees in Euro (which, for the avoidance of doubt, excludes payment of any Swap Breakage Amounts, Net Gains, Net Losses and Make-Whole Amounts in respect of any Swapped Notes) which is made to or for the account of any holder of Notes in any currency other than Euro, whether as a result of any judgment or order or the enforcement thereof or the realization of any security or the liquidation of either Obligor, shall constitute a discharge of the obligation of the Obligors under this Agreement or the Notes or the Guarantees, as the case may be, only to the extent of the amount of Euro 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 Euro that could be so purchased is less than the amount of Euro originally due to such holder, the Obligors agree 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.
Obligation to Make Payments in Applicable Currency. Any payment on account of an amount that is payable hereunder or under the Notes shall be paid in the Applicable Currency and any such payment which is made to or for the account of any holder of
Obligation to Make Payments in Applicable Currency. (a) Any payment on account of an amount that is payable under the Parent Guarantee in U.S. Dollars which is made to or for the account of any holder of U.S. Dollar Notes 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 Parent Guarantor, shall constitute a discharge of the Parent Guarantor under the Parent Guarantee only to the extent of the amount of U.S. 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 U.S. Dollars that could be so purchased is less than the amount of U.S. Dollars originally due to such holder, the Parent Guarantor 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.
Obligation to Make Payments in Applicable Currency. (a) Any payment on account of an amount that is payable under the U.S. Dollar Notes in U.S. Dollars which is made to or for the account of any holder of U.S. Dollar Notes 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 Obligor or either Partner, shall constitute a discharge of the obligation of the Obligor or such Partner under this Agreement or the U.S. Dollar Notes, as the case may be, only to the extent of the amount of U.S. 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 U.S. Dollars that could be so purchased is less than the amount of U.S. Dollars originally due to such holder, the Obligor and the Partners agree 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.
Obligation to Make Payments in Applicable Currency. (a) All payments made by the Obligors with respect to the Series 2003-1 Tranche A Notes, Series 2003-1 Tranche B Notes, Series 2003-1 Tranche C Notes and Series 0000-0 Xxxxxxx X Notes under this Agreement, such Notes or the Guarantees, as the case may be, shall be in Dollars and the obligations of the Obligors to make payments in Dollars of any of their obligations under this Agreement, such Notes or the Guarantees shall not be discharged or satisfied by any tender, or any recovery pursuant to any judgment, which is expressed in or converted into any currency other than Dollars, except to the extent such tender or recovery shall result in the actual receipt by the holder of any Note of the full amount of Dollars expressed to be payable in respect of any such obligations.
