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.
Appears in 4 contracts
Samples: Note Purchase Agreement (Lineage, Inc.), Note Purchase Agreement (Lineage, Inc.), Note Purchase Agreement (Lineage, Inc.)
