Common use of Unavailability Clause in Contracts

Unavailability. Except as set forth below, if the principal of, premium, if any, or interest on, any Debt Security is payable in a Specified Currency other than U.S. dollars and such Specified Currency is not available to Xxxxxxx Mac for making required payments due to the imposition of exchange controls, its replacement or disuse or other circumstances beyond the control of Xxxxxxx Mac, then Xxxxxxx Mac shall be entitled to satisfy its obligations to Holders of the Debt Securities by making such payments in U.S. dollars on the basis of the noon U.S. dollar buying rate in New York City for cable transfers for such Specified Currency published by the FRBNY on the date of such payment, or, if such currency exchange rate is not available on such date, as of the most recent prior practicable date. Notwithstanding the provisions of the preceding sentence, if euros have replaced such Specified Currency as described under Section 2.03(c)(i) above, Xxxxxxx Mac may, at its option (or shall, if so required by applicable law) without the consent of the Holders of such Debt Securities effect the payment of principal of, premium, if any, or interest on, any Debt Security denominated in such Specified Currency in euros in lieu of such Specified Currency, in conformity with legally applicable measures taken pursuant to, or by virtue of the Treaty or other applicable legal or regulatory requirements.

Appears in 10 contracts

Samples: Global Debt Facility Agreement (Federal Home Loan Mortgage Corp), Federal Home Loan Mortgage Corporation Global Debt Facility Agreement, Global Debt Facility Agreement (Federal Home Loan Mortgage Corp)

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Unavailability. Except as set forth below, if the principal of, premium, if any, or interest on, any Debt Security is payable in a Specified Currency other than U.S. dollars and such Specified Currency is not available to Xxxxxxx Fxxxxxx Mac for making required payments due to the imposition of exchange controls, its replacement or disuse or other circumstances beyond the control of Xxxxxxx Fxxxxxx Mac, then Xxxxxxx Fxxxxxx Mac shall be entitled to satisfy its obligations to Holders of the Debt Securities by making such payments in U.S. dollars on the basis of the noon U.S. dollar buying rate in New York City for cable transfers for such Specified Currency published by the FRBNY on the date of such payment, or, if such currency exchange rate is not available on such date, as of the most recent prior practicable date. Notwithstanding the provisions of the preceding sentence, if euros have replaced such Specified Currency as described under Section 2.03(c)(i) above, Xxxxxxx Fxxxxxx Mac may, at its option (or shall, if so required by applicable law) without the consent of the Holders of such Debt Securities effect the payment of principal of, premium, if any, or interest on, any Debt Security denominated in such Specified Currency in euros in lieu of such Specified Currency, in conformity with legally applicable measures taken pursuant to, or by virtue of the Treaty or other applicable legal or regulatory requirements.

Appears in 4 contracts

Samples: Global Debt Facility Agreement (Federal Home Loan Mortgage Corp), Global Debt Facility Agreement (Federal Home Loan Mortgage Corp), Global Debt Facility Agreement (Federal Home Loan Mortgage Corp)

Unavailability. Except as set forth below, if the principal of, premium, if any, or interest on, any Debt Security is payable in a Specified Currency other than U.S. dollars and such Specified Currency is not available to Xxxxxxx Mac for making required payments due to the imposition of exchange controls, its replacement or disuse or other circumstances beyond the control of Xxxxxxx Mac, then Xxxxxxx Mac shall be entitled to satisfy its obligations to Holders of the Debt Securities by making such payments in U.S. dollars on the basis of the noon U.S. dollar buying rate in New York City for cable transfers for such Specified Currency published by the FRBNY on FRBNYon the date of such payment, or, if such currency exchange rate is not available on such date, as of the most recent prior practicable date. Notwithstanding the provisions of the preceding sentence, if euros have replaced such Specified Currency as described under Section 2.03(c)(i) above, Xxxxxxx Mac may, at its option (or shall, if so required by applicable law) without the consent of the Holders of such Debt Securities effect the payment of principal of, premium, if any, or interest on, any Debt Security denominated in such Specified Currency in euros in lieu of such Specified Currency, in conformity with legally applicable measures taken pursuant to, or by virtue of the Treaty or other applicable legal or regulatory requirements.

Appears in 3 contracts

Samples: Federal Home Loan Mortgage Corporation Global Debt Facility Agreement, Federal Home Loan Mortgage Corporation Global Debt Facility Agreement, Federal Home Loan Mortgage Corporation Global Debt Facility Agreement

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Unavailability. Except as set forth below, if the principal of, premium, if any, or interest on, any Debt Security is payable in a Specified Currency other than U.S. dollars and such Specified Currency is not available to Xxxxxxx Mac for making required payments due to the imposition of exchange controls, its replacement or disuse or other circumstances beyond the control of Xxxxxxx Mac, then Xxxxxxx Mac shall be entitled to satisfy its obligations to Holders of the Debt Securities by making such payments in U.S. dollars on the basis of the noon U.S. dollar buying rate in New York City for cable transfers for such Specified Specifie d Currency published by the FRBNY on the date of such payment, or, if such currency exchange rate is not available on such date, as of the most recent prior practicable date. Notwithstanding the provisions of the preceding sentence, if euros have replaced such Specified Currency as described under Section 2.03(c)(i) above, Xxxxxxx Mac may, at its option (or shall, if so required by applicable law) without the consent of the Holders of such Debt Securities effect the payment of principal of, premium, if any, or interest on, any Debt Security denominated in such Specified Currency in euros in lieu of such Specified Currency, in conformity with legally applicable measures taken pursuant to, or by virtue of the Treaty or other applicable legal or regulatory requirements.

Appears in 1 contract

Samples: Federal Home Loan Mortgage Corporation

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