Obligation to Make Payments in Dollars. All payments to be made by any Loan Party of principal, interest, fees and other Obligations under any Loan Document shall be made in Dollars in same day funds, and no obligation of any Loan Party to make any such payment shall be discharged or satisfied by any payment other than payments made in Dollars in same day funds.
Obligation to Make Payments in Dollars. The obligation of the Borrower to make payment in Dollars of the principal of and interest on the Notes and any other amounts due hereunder or under any other Credit Document to the Payment Office of the Administrative Agent as provided in Section 4.03 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 Administrative Agent at its Payment Office on behalf of the Banks or holders of the Notes of the full amount of Dollars expressed to be payable in respect of the principal of and interest on the Notes and all other amounts due hereunder or under any other Credit Document. The obligation of the Borrower to make payments in Dollars as aforesaid shall be enforceable as an alternative or additional cause of action for the purpose of recovery in Dollars of the amount, if any, by which such actual receipt shall fall short of the full amount of Dollars expressed to be payable in respect of the principal of and interest on the Notes and any other amounts due under any other Credit Document, and shall not be affected by judgment being obtained for any other sums due under this Agreement or under any other Credit Document.
Obligation to Make Payments in Dollars. The obligation of the Borrower to make payments in Dollars of the principal and interest becoming due and payable on each Loan, and to pay all other Obligations hereunder in Dollars, (i) 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 that such tender or recovery shall result in the actual receipt by the Administrative Agent and the Banks of the full amount of Dollars, expressed to be payable in respect of the principal and interest of each Loan and in respect of each other Obligation, (ii) shall be enforceable as an alternative or additional cause of action for the purpose of recovering in Dollars, the amount, if any, by which such actual receipt shall fall short of the full amount of Dollars so expressed to be payable and (iii) shall not be affected by judgment being obtained for any other sum due under this Agreement.
Obligation to Make Payments in Dollars. (a) The obligation of the Borrower to make payment in Dollars of the principal of and interest and any other amounts due hereunder as provided herein 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 such Lender, Agent or holder of such Note of the full amount of the Dollars expressed to be payable in respect of the principal of and interest on all other amounts due hereunder. If for the purpose of obtaining or enforcing judgment against the Borrower in any court or in any jurisdiction, it becomes necessary to convert into or from any currency other than Dollars (such other currency being hereinafter referred to as the “Judgment Currency”) an amount due in Dollars, the conversion shall be made at the Dollar equivalent thereof (at the exchange rate quoted by the Administrative Agent or if it does not quote a rate of exchange on such currency, by a known dealer in such currency designated by it) determined, in each case, as of the day immediately preceding the day on which the judgment is given (such Business Day being hereinafter referred to as the “Judgment Currency Conversion Date”).
(b) If there is a change in the rate of exchange prevailing between the Judgment Currency Conversion Date and the date of actual payment of the amount due, the Borrower covenants and agrees to pay, or cause to be paid, such additional amounts, if any (but in any event not a lesser amount) as may be necessary to ensure that the amount paid in the Judgment Currency, when converted at the rate of exchange prevailing on the date of payment, will produce the amount of Dollars that could have been purchased with the amount of Judgment Currency stipulated in the judgment or judicial award at the rate of exchange prevailing on the Judgment Currency Conversion Date.
(c) For purposes of determining the Dollar equivalent or any other rate of exchange for this Section 12.6, such amounts shall include any premium and costs payable in connection with the purchase of such Dollars.
Obligation to Make Payments in Dollars. All payments of the principal and interest on the Note and any other amounts due hereunder or under any other Credit Document shall be made in Dollars.
Obligation to Make Payments in Dollars. Any payment on account of an amount that is payable hereunder in Dollars which is made to or for the account of any holder of a Note in lawful currency of any other jurisdiction (the “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 Company’s obligation, as applicable, under this Agreement or the Notes only to the extent of the amount of Dollars which such holder could purchase in the New York foreign exchange markets with the amount of the Other Currency in accordance with normal banking procedures at the rate of exchange prevailing on the first day (other than a Sunday) on which banks in New York are generally open for business 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, shall give rise to a separate and independent cause of action, shall apply irrespective of any indulgence granted by any holder of a Note 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.
Obligation to Make Payments in Dollars. Any and all amounts due from the Guarantor hereunder shall be made by the Guarantor in United States currency (“Dollars”), and any such payment obligation shall not be discharged or satisfied by any tender, or any recovery pursuant to any judgment, which is expressed or converted into any currency other than Dollars, except to the extent such tender or recovery shall result in the actual receipt for the account of the Beneficiary, of the full amount of Dollars expressed to be payable in respect of the amounts due hereunder. The obligation of the Guarantor to make payments in Dollars as aforesaid shall be enforceable as an alternative or additional cause of action for the purpose of recovery in Dollars expressed to be payable in respect of any amounts due hereunder, and shall not be affected by judgment being obtained for any other sums due under this Guaranty. All payments to be made by Guarantor under this Guaranty or the Agreement shall be made to Beneficiary in New York.
Obligation to Make Payments in Dollars. Any and all amounts due from the Guarantor hereunder shall be made by the Guarantor in Canadian currency (“Dollars”), and any such payment obligation shall not be discharged or satisfied by any tender, or any recovery pursuant to any judgment, which is expressed or converted into any currency other than Dollars, except to the extent such tender or recovery shall result in the actual receipt for the account of the Beneficiary, of the full amount of Dollars expressed to be payable in respect of the amounts due hereunder. The obligation of the Guarantor to make payments in Dollars as aforesaid shall be enforceable as an alternative or additional cause of action for the purpose of recovery in Dollars expressed to be payable in respect of any amounts due hereunder, and shall not be affected by judgment being obtained for any other sums due under this Guarantee. All payments to be made by the Guarantor under this Guarantee or the Agreement shall be made to the Beneficiary in Halifax, Nova Scotia.
Obligation to Make Payments in Dollars. (a) Except as otherwise expressly provided herein, all payments made by theCompany under this Agreement or the Notes shall be in Dollars and the obligations of the Company to make payments in Dollars of any of its obligations under this Agreement or the Notes 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 applicable holder of the full amount of Dollars expressed to be payable in respect of any such obligations.
(b) If for the purpose of obtaining judgment in any court it is necessary for any Noteholder to convert a sum due hereunder or under the Notes in Dollars (the "Original Currency") into another currency (the "Other Currency"), the Company agrees, to the extent permitted by applicable law, that the rate of exchange used shall be that at which in accordance with normal banking procedures such Noteholder could purchase the Original Currency with the Other Currency on the Business Day preceding that on which final judgment is given.
(c) The obligations of the Company in respect of any sum due from it to any Noteholder hereunder shall, notwithstanding any judgment in such Other Currency, be discharged only to the extent that on the Business Day following receipt by such Noteholder of any sum adjudged to be so due in the Other Currency such Noteholder may in accordance with normal banking procedures purchase the Original Currency with the Other Currency. If the amount of the Original Currency so purchased is less than the sum originally due to such holder in the Original Currency, the Company agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Noteholder on an after-tax basis (taking into account all Taxes) against such loss, and if the amount of the Original Currency so purchased exceeds the sum originally due to such Noteholder in the Original Currency, such Noteholder shall remit to the Company such excess.
Obligation to Make Payments in Dollars. All payments made by or on behalf of the Issuer under this Supplement, the Series 1996-3 Class B Notes or the Series 1996-3 Class C Notes shall be in Dollars and the obligations of the Issuer to make payments in Dollars of any of its obligations under this Supplement, the Series 1996-3 Class B Notes or the Series 1996-3 Class C Notes 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 Series 1996-3 Class B Note or Series 1996-3 Class C Note of the full amount of Dollars expressed to be payable in respect of any such obligations. The obligation of the Issuer to make payments in Dollars as aforesaid shall be enforceable as an alternative or additional cause of action for the purpose of recovery in Dollars of the amount, if any, by which such actual receipt shall fall short of the full amount of Dollars expressed to be payable in respect of any such obligations, and shall not be affected by judgment being obtained for any other sums due under this Supplement, the Series 1996-3 Class B Notes or Series 1996-3 Class C Notes.
