Common use of Securities in a Foreign Currency Clause in Contracts

Securities in a Foreign Currency. Unless otherwise specified in an Issuing Document delivered pursuant to Section 2.2 of this Indenture with respect to a particular Series of Securities, whenever for purposes of this Indenture any action may be taken by the Holders of a specified percentage in aggregate principal amount of Securities of all Series or all Series affected by a particular action at the time outstanding and, at such time, there are outstanding Securities of any Series which are denominated in more than one currency, then the principal amount of Securities of such Series which shall be deemed to be outstanding for the purpose of taking such action shall be determined by converting any such other currency into a currency that is designated upon issuance of any particular Series of Securities. Unless otherwise specified in an Issuing Document delivered pursuant to Section 2.2 of this Indenture with respect to a particular Series of Securities, such conversion shall be at the spot rate for the purchase of the designated currency as published in The Financial Times in the “Currency Rates” section (or, if The Financial Times is no longer published, or if such information is no longer available in The Financial Times, such source as may be selected in good faith by the Company) on any date of determination. The provisions of this paragraph shall apply in determining the equivalent principal amount in respect of Securities of a Series denominated in currency other than Dollars in connection with any action taken by Holders of Securities pursuant to the terms of this Indenture. All decisions and determinations provided for in the preceding paragraph shall, in the absence of manifest error, to the extent permitted by law, be conclusive for all purposes and irrevocably binding upon the Trustee and all Holders.

Appears in 2 contracts

Samples: Indenture (Real Good Food Company, Inc.), Indenture (Presto Automation Inc.)

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Securities in a Foreign Currency. Unless otherwise specified in an Issuing Document Officers' Certificate delivered pursuant to Section 2.2 2.03 of this Indenture with respect to a particular Series series of Securities, whenever for purposes of this Indenture any action may be taken by the Holders of a specified percentage in aggregate principal amount of Securities of all Series series or all Series series affected by a particular action at the time outstanding Outstanding and, at such time, there are outstanding Outstanding Securities of any Series series which are denominated in more a coin or currency other than one currencyDollars, then the principal amount of Securities of such Series series which shall be deemed to be outstanding Outstanding for the purpose of taking such action shall be determined by converting any that amount of Dollars that could be obtained for such other currency into amount on such reasonable basis of exchange and as of such date as the Issuer may specify in a currency that is designated upon issuance of any particular Series of Securities. Unless otherwise specified in an Issuing Document delivered pursuant written notice to Section 2.2 of this Indenture with respect to a particular Series of Securities, such conversion shall be at the spot rate for the purchase of the designated currency as published in The Financial Times Trustee or in the “Currency Rates” section (orabsence of such written notice, if The Financial Times is no longer published, or if such information is no longer available in The Financial Times, such source as may be selected in good faith by the Company) on any date of determinationTrustee shall so determine. The provisions of this paragraph shall apply in determining the equivalent principal amount in respect of Securities of a Series series denominated in a currency other than Dollars in connection with any action taken by Holders of Securities pursuant to the terms of this Indenture. All decisions and determinations of the Trustee regarding the Market Exchange Rate or any alternative determination provided for in the preceding paragraph shall be in its sole discretion and shall, in the absence of manifest error, be conclusive to the extent permitted by law, be conclusive law for all purposes and irrevocably binding upon the Trustee Issuer and all Holders.

Appears in 1 contract

Samples: Indenture (J P Morgan Chase & Co)

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Securities in a Foreign Currency. Unless otherwise specified in an Issuing Document delivered pursuant to Section ‎Section 2.2 of this Indenture with respect to a particular Series of Securities, whenever for purposes of this Indenture any action may be taken by the Holders of a specified percentage in aggregate principal amount of Securities of all Series or all Series affected by a particular action at the time outstanding and, at such time, there are outstanding Securities of any Series which are denominated in more than one currency, then the principal amount of Securities of such Series which shall be deemed to be outstanding for the purpose of taking such action shall be determined by converting any such other currency into a currency that is designated upon issuance of any particular Series of Securities. Unless otherwise specified in an Issuing Document delivered pursuant to Section ‎Section 2.2 of this Indenture with respect to a particular Series of Securities, such conversion shall be at the spot rate for the purchase of the designated currency as published in The Financial Times in the “Currency Rates” section (or, if The Financial Times is no longer published, or if such information is no longer available in The Financial Times, such source as may be selected in good faith by the Company) on any date of determination. The provisions of this paragraph shall apply in determining the equivalent principal amount in respect of Securities of a Series denominated in currency other than Dollars in connection with any action taken by Holders of Securities pursuant to the terms of this Indenture. All decisions and determinations provided for in the preceding paragraph shall, in the absence of manifest error, to the extent permitted by law, be conclusive for all purposes and irrevocably binding upon the Trustee and all Holders.

Appears in 1 contract

Samples: Indenture (Tigo Energy, Inc.)

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