Common use of PAYMENT TO BE IN PROPER CURRENCY Clause in Contracts

PAYMENT TO BE IN PROPER CURRENCY. In the case of any Security denominated in any currency other than Dollars or in a composite currency (the "Required Currency"), except as otherwise specified with respect to such Security as contemplated by Section 301, the obligation of the Company to make any payment of the principal thereof, or the premium or interest thereon, shall not be discharged or satisfied by any tender by the Company, or recovery by the Trustee, in any currency other than the Required Currency, except to the extent that such tender or recovery shall result in the Trustee timely holding the full amount of the Required Currency then due and payable. If any such tender or recovery is in a currency other than the Required Currency, the Trustee may take such actions as it considers appropriate to exchange such currency for the Required Currency. The costs and risks of any such exchange, including without limitation the risks of delay and exchange rate fluctuation, shall be borne by the Company and the Company shall remain fully liable for any shortfall or delinquency in the full amount of Required Currency then due and payable, and in no circumstances shall the Trustee be liable therefor except in the case of its negligence or willful misconduct. The Company hereby waives any defense of payment based upon any such tender or recovery which is not in the Required Currency, or which, when exchanged for the Required Currency by the Trustee, is less than the full amount of Required Currency then due and payable.

PAYMENT TO BE IN PROPER CURRENCY. Each reference in any Security, or in the Authorizing Resolution and/or sup- plemental indenture, if any, relating thereto, to any currency shall be of the essence. In the case of any Security denominated in any currency other than Dollars or in a composite currency (the "Required Re- quired Currency")) other than United States dollars, except as otherwise specified with respect to such Security as contemplated by Section 301pro- vided therein or in the related Authorizing Resolution and/or supplemental in- denture, if any, the obligation of the Company to make any payment of the principal thereof, or the premium princi- pal of or interest thereon, thereon shall not be discharged or satisfied by any tender by the Company, or recovery by the Trustee, in any currency other than the Required Re- quired Currency, except to the extent that such tender or recovery shall result re- xxxx in the Trustee timely holding the full amount of the Required Currency then due and payable. If any such tender or recovery is in a currency other than the Required Currency, the Trustee may take such actions as it considers appropriate to exchange such currency for the Required Currency. The costs and risks of any such exchange, including without limitation limitations, the risks of delay and exchange rate fluctuation, shall be borne by the Company and Company; the Company shall remain fully liable for any shortfall or delinquency in the full amount of Required Currency then due and payable, and in no circumstances shall the Trustee be liable therefor except in the case of its negligence or willful misconducttherefor. The Company hereby waives any defense of payment based upon any such tender or recovery which is not in the Required Currency, or which, when exchanged for the Required Currency by the Trustee, is less than the full amount of Required Currency then due and payable.

PAYMENT TO BE IN PROPER CURRENCY. In the case of any Security -------------------------------- Securities denominated in any particular currency other than Dollars or in a composite currency unit (the "Required Currency"), except as otherwise specified with respect provided herein, therein or in or pursuant to such Security as contemplated by Section 301the related Board Resolution or supplemental indenture, the obligation of the Company to make any payment of the principal thereofprincipal, or the premium or interest thereon, thereon shall not be discharged or satisfied by any tender by the Company, or recovery by the Trustee, in any currency or currency unit other than the Required Currency, except to the extent that such tender or recovery shall result in the Trustee timely holding the full amount of the Required Currency then due and payable. If any such tender or recovery is made in a currency other than the Required Currency, the Trustee may take such actions as it considers appropriate to exchange such other currency or currency unit for the Required Currency. The costs and risks of any such exchange, including without limitation the risks of delay and exchange rate fluctuation, shall be borne by the Company and Company, the Company shall remain fully liable for any shortfall or delinquency in the full amount of the Required Currency then due and payable, payable and in no circumstances shall the Trustee be liable therefor except in the case of its negligence or willful misconducttherefor. The Company hereby waives any defense of payment based upon any such tender or recovery which is not in the Required Currency, or which, when exchanged for the Required Currency by the Trustee, is less than the full amount of the Required Currency then due and payable.

PAYMENT TO BE IN PROPER CURRENCY. In the case of any Security denominated in any currency other than Dollars or in a composite currency (the "Required Currency"), except as otherwise specified with respect to such Security as contemplated by Section 301, the obligation of the Company to make any payment of the principal thereof, or the premium or interest thereon, shall not be discharged or satisfied by any tender by the Company, or recovery by the Trustee, in any currency other than the Required Currency, except to the extent that such tender or recovery shall result in the Trustee timely holding the full amount of the Required Currency then due and payable. If any such tender or recovery is in a currency other than the Required Currency, the Trustee may take such actions as it considers appropriate to exchange such currency for the Required Currency. The costs and risks of any such exchange, including without limitation the risks of delay and exchange rate fluctuation, shall be borne by the Company and Company, the Company shall remain fully liable for any shortfall or delinquency in the full amount of Required Currency then due and payable, and in no circumstances shall the Trustee be liable therefor except in the case of its negligence or willful misconduct. The Company hereby waives any defense of payment based upon any such tender or recovery which is not in the Required Currency, or which, when exchanged for the Required Currency by the Trustee, is less than the full amount of Required Currency then due and payable.

PAYMENT TO BE IN PROPER CURRENCY. In the case of any Security denominated in any currency other Other than Dollars as provided herein or in the Security, an Officers' Certificate or a composite currency (the "Required Currency"), except as otherwise specified with respect to such Security as contemplated by Section 301supplemental indenture, the obligation of the Company to make any payment of the principal thereofof (and premium, or the premium or interest thereonif any) and interest, if any, on such Security shall not be discharged or satisfied by any tender by the Company, or recovery collection by the Trustee, in any currency or currency unit other than that in which such Security is denominated (the Required "Specified Currency"), except to the extent that such tender or recovery shall result in the Trustee timely holding holds for such payment the full amount of the Required Specified Currency then when due and payable. If any such tender or recovery collection is made in a currency other than the Required Specified Currency, the Trustee may take such actions as it considers appropriate to exchange such other currency or currency unit for the Required Specified Currency. The costs and risks of any such exchange, including without limitation the risks of delay and exchange rate fluctuation, shall be borne by the Company and Company, the Company shall remain fully liable for any shortfall or delinquency in the full amount of Required the Specified Currency then due and payable, payable and in no circumstances shall the Trustee be liable therefor except in the case of its negligence or willful misconducttherefor. The Company hereby waives any defense of payment based upon any such tender or recovery collection which is not in the Required Specified Currency, or which, when exchanged for the Required Specified Currency by the Trustee, is less than the full amount of Required the Specified Currency then due and payable.

PAYMENT TO BE IN PROPER CURRENCY. In the case of any Security denominated in any currency other than Dollars or in a composite currency (the "Required Currency"), except as otherwise specified with respect to such Security as contemplated by Section 301, the obligation of the Company to make any payment of the principal thereof, or the premium or interest thereon, shall not be discharged or satisfied by any tender by the Company, or recovery by the Trustee, in any currency other than the Required Currency, except to the extent that such tender or recovery shall result in the Trustee timely holding the full amount of the Required Currency then due and payable. If any such tender or recovery is in a currency other than the Required Currency, the Trustee may take such actions as it considers appropriate to exchange such currency for the Required Currency. The costs and risks of any such exchange, including without limitation the risks of delay and exchange rate fluctuation, shall be borne by the Company and Company, the Company shall remain fully liable for any shortfall or delinquency in the full amount of Required Currency then due and payable, and in no circumstances shall the Trustee be liable therefor except in the case of its negligence or willful misconduct. The Company hereby waives waive any defense of payment based upon any such tender or recovery which is not in the Required Currency, or which, when exchanged for the Required Currency by the Trustee, is less than the full amount of Required Currency then due and payable.

PAYMENT TO BE IN PROPER CURRENCY. In the case of any Security Securities denominated in any currency other than Dollars or in a composite currency (the "Required Currency")) other than United States Dollars, except as otherwise specified with respect to such Security as contemplated by Section 301provided therein, the obligation of the Company to make any payment of the principal thereofprincipal, or the premium or Make-Whole Amount or interest thereon, thereon shall not be discharged or satisfied by any tender by the Company, or recovery by the Trustee, in any currency other than the Required Currency, except to the extent that such tender or recovery shall result in the Trustee timely holding the full amount of the Required Currency then due and payable. If any such tender or recovery is in a currency other than the Required Currency, the Trustee may take such actions as it considers appropriate to exchange such currency for the Required Currency. The costs and risks of any such exchange, including without limitation the risks of delay and exchange rate fluctuation, shall be borne by the Company and Company, the Company shall remain fully liable for any shortfall or delinquency in the full amount of Required Currency then due and payable, and in no circumstances shall the Trustee be liable therefor except in the case of its gross negligence or willful misconduct. The Company hereby waives any defense of payment based upon any such tender or recovery which is not in the Required Currency, or which, when exchanged for the Required Currency by the Trustee, is less than the full amount of Required Currency then due and payable.

PAYMENT TO BE IN PROPER CURRENCY. In the case of any Security Securities denominated in any currency other than Dollars or in a composite currency (the "Required Currency")) other than United States Dollars, except as otherwise specified with respect to such Security as contemplated by Section 301provided therein, the obligation of the Company to make any payment of the principal thereofprincipal, or the premium or Make-Whole Amount or interest thereon, thereon shall not be discharged or satisfied by any tender by the Company, or recovery by the Trustee, in any currency other than the Required Currency, except to the extent that such tender or recovery shall result in the Trustee timely holding the full amount of the Required Currency then due and payable. If any such tender or recovery is in a currency other than the Required Currency, the Trustee may take such actions as it considers appropriate to exchange such currency for the Required Currency. The costs and risks of any such exchange, including without limitation the risks of delay and exchange rate fluctuation, shall be borne by the Company and Company, the Company shall remain fully liable for any shortfall or delinquency in the full amount of Required Currency then due and payable, and in no circumstances shall the Trustee be liable therefor except in the case of its negligence or willful misconduct. The Company hereby waives any defense of payment based upon any such tender or recovery which is not in the Required Currency, or which, when exchanged for the Required Currency by the Trustee, is less than the full amount of Required Currency then due and payable.

PAYMENT TO BE IN PROPER CURRENCY. In the case of any Security Securities denominated in any particular currency other than Dollars or in a composite currency unit (the "Required Currency"), except as otherwise specified with respect provided herein, therein or in or pursuant to such Security as contemplated by Section 301the related Board Resolution or supplemental indenture, the obligation of the Company to make any payment of the principal thereofprincipal, or the premium or interest thereon, thereon shall not be discharged or satisfied by any tender by the Company, or recovery by the Trustee, in any currency or currency unit other than the Required Currency, except to the extent that such tender or recovery shall result in the Trustee timely holding the full amount of the Required Currency then due and payable. If any such tender or recovery is made in a currency other than the Required Currency, the Trustee may take such actions as it considers appropriate to exchange such other currency or currency unit for the Required Currency. The costs and risks of any such exchange, including without limitation the risks of delay and exchange rate fluctuation, shall be borne by the Company and Company, the Company shall remain fully liable for any shortfall or delinquency in the full amount of the Required Currency then due and payable, payable and in no circumstances shall the Trustee be liable therefor except in the case of its negligence or willful misconducttherefor. The Company hereby waives any defense of payment based upon any such tender or recovery which is not in the Required Currency, or which, when exchanged for the Required Currency by the Trustee, is less than the full amount of the Required Currency then due and payable.

PAYMENT TO BE IN PROPER CURRENCY. In the case of any Security denominated in any currency other Other than Dollars as provided herein or in a composite currency (the "Required Currency")Security, except as otherwise specified with respect to such Security as contemplated by Section 301an Officers’ Certificate or a supplemental indenture, the obligation of the Company to make any payment of the principal thereofof (and premium, or the premium or interest thereonif any) and interest, if any, on such Security shall not be discharged or satisfied by any tender by the Company, or recovery collection by the Trustee, in any currency or currency unit other than that in which such Security is denominated (the Required “Specified Currency”), except to the extent that such tender or recovery shall result in the Trustee timely holding holds for such payment the full amount of the Required Specified Currency then when due and payable. If any such tender or recovery collection is made in a currency other than the Required Specified Currency, the Trustee may take such actions as it considers appropriate to exchange such other currency or currency unit for the Required Specified Currency. The costs and risks of any such exchange, including without limitation the risks of delay and exchange rate fluctuation, shall be borne by the Company and Company, the Company company shall remain fully liable for any shortfall or delinquency in the full amount of Required the Specified Currency then due and payable, payable and in no circumstances shall the Trustee be liable therefor except in the case of its negligence or willful misconducttherefor. The Company hereby waives any defense of payment based upon any such tender or recovery collection which is not in the Required Specified Currency, or which, when exchanged for the Required Specified Currency by the Trustee, is less than the full amount of Required the Specified Currency then due and payable.

PAYMENT TO BE IN PROPER CURRENCY. In the case of any Security denominated in any currency other Other than Dollars as provided herein or in the Security, an Officers’ Certificate or a composite currency (the "Required Currency"), except as otherwise specified with respect to such Security as contemplated by Section 301supplemental indenture, the obligation of the Company to make any payment of the principal thereofof (and premium, or the premium or interest thereonif any) and interest, if any, on such Security shall not be discharged or satisfied by any tender by the Company, or recovery collection by the Trustee, in any currency or currency unit other than that in which such Security is denominated (the Required “Specified Currency”), except to the extent that such tender or recovery shall result in the Trustee timely holding holds for such payment the full amount of the Required Specified Currency then when due and payable. If any such tender or recovery collection is made in a currency other than the Required Specified Currency, the Trustee may take such actions as it considers appropriate to exchange such other currency or currency unit for the Required Specified Currency. The costs and risks of any such exchange, including without limitation the risks of delay and exchange rate fluctuation, shall be borne by the Company and Company, the Company shall remain fully liable for any shortfall or delinquency in the full amount of Required the Specified Currency then due and payable, payable and in no circumstances shall the Trustee be liable therefor except in the case of its negligence or willful misconducttherefor. The Company hereby waives any defense of payment based upon any such tender or recovery collection which is not in the Required Specified Currency, or which, when exchanged for the Required Specified Currency by the Trustee, is less than the full amount of Required the Specified Currency then due and payable.