Indemnification for Judgment Currency. Each reference in this Agreement to any currency (the “Contractual Currency”) is of the essence. To the extent permitted by applicable law, the obligations of each of the parties in respect of any amount due under this Agreement shall, notwithstanding any payment in any other currency (whether pursuant to a judgment or otherwise), be discharged only to the extent of the amount in the Contractual Currency that the party entitled to receive that amount may, in accordance with normal banking procedures, purchase with the sum paid in such other currency (after any premium and costs of exchange) on the Business Day immediately following the day on which that party receives the payment. If the amount in the Contractual Currency that may be so purchased for any reason falls short of the amount originally due, the party required to make the payment shall pay such additional amounts, in the Contractual Currency, as may be necessary to compensate for the shortfall. Any obligation of that party not discharged by that payment shall, to the extent permitted by applicable law, be due as a separate and independent obligation and, until discharged as provided herein, shall continue in full force and effect.
Indemnification for Judgment Currency. The obligations of the Issuer to any Holder of the Notes or the Trustee under this Indenture or the Notes shall, notwithstanding any judgment in a currency (the “Judgment Currency”) other than U.S. dollars, be discharged only to the extent that on the day following receipt by such party of any amount in the Judgment Currency, such party may in accordance with normal banking procedures purchase U.S. dollars with the Judgment Currency. If the amount of U.S. dollars so purchased is less than the amount originally to be paid to such party in U.S. dollars, the Issuer agrees as a separate obligation and notwithstanding such judgment, to the extent permitted by applicable law, to pay the difference, and, if the amount of U.S. dollars so purchased exceeds the amount originally to be paid to such party, such party agrees to pay to or for the account of such payor such excess; provided that such party shall not have any obligation to pay any such excess as long as an Event of Default has occurred and is continuing, in which case such excess may be applied by such party to such obligations.
Indemnification for Judgment Currency. Each reference in this Agreement to any currency (the “Contractual Currency”) is of the essence. To the extent permitted by applicable law, the obligations of each of the parties in respect of any amount due under this Agreement shall, notwithstanding any payment in any other currency (whether pursuant to a judgment or otherwise), be discharged only to the extent of the amount in the Contractual Currency that the party entitled to receive that amount may, in accordance with normal banking procedures, purchase with the sum paid in such other currency (after any premium and costs of exchange) on the Business Day immediately following the day on which that party receives the payment. If the amount in the Contractual Currency that may be so purchased for any reason falls short of the amount originally due, the party required to make the payment shall pay such additional amounts, in the Contractual Currency, as may be necessary to compensate for the shortfall. Any obligation of that party not discharged by that payment shall, to the extent permitted by applicable law, be due as a separate and independent obligation and, until discharged as provided herein, shall continue in full force and effect. If the foregoing is in accordance with your understanding, please sign and return to us ten (10) counterparts hereof, and upon the acceptance hereof by you, on behalf of each of the Purchasers, this letter and such acceptance hereof shall constitute a binding agreement between each of the Purchasers, the Guarantors and the Company. It is understood that your acceptance of this letter on behalf of each of the Purchasers is pursuant to the authority set forth in a form of Agreement among Purchasers, the form of which shall be submitted to the Company for examination upon request, but without warranty on your part as to the authority of the signers thereof. Very truly yours, Stratus Technologies, Inc. By: /s/ Xxxxxx X. Xxxxxx Name: Xxxxxx X. Xxxxxx Title: Stratus Technologies International S.à x.x By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Stratus Equity S.à x.x By: /s/ Xxxxxx X. Xxxxxx Name: Xxxxxx X. Xxxxxx Title: SRA Technologies Cyprus, Ltd. By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Stratus Technologies Bermuda, Ltd. By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Stratus Technologies Ireland Limited By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Stratus Research & Development Ltd. By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Ce...
Indemnification for Judgment Currency. Each reference in this Agreement to any currency (the “Contractual Currency”) is of the essence. To the extent permitted by applicable law, the obligations of each of the parties in respect of any amount due under this Agreement shall, notwithstanding any payment in any other currency (whether pursuant to a judgment or otherwise), be discharged only to the extent of the amount in the Contractual Currency that the party entitled to receive that amount may, in accordance with normal banking procedures, purchase with the sum paid in such other currency (after any premium and costs of exchange) on the Business Day immediately following the day on which that party receives the payment. If the amount in the Contractual Currency that may be so purchased for any reason falls short of the amount originally due, the party required to make the payment shall pay such additional amounts, in the Contractual Currency, as may be necessary to compensate for the
