Common use of Currency of Account; Conversion of Currency; Foreign Exchange Restrictions Clause in Contracts

Currency of Account; Conversion of Currency; Foreign Exchange Restrictions. (a) Subject to the terms of Section 3.14 hereof, U.S. dollars are the sole currency of account and payment for all sums payable by the Company and the Guarantors under or in connection with the Securities or this Indenture, including damages. Any amount received or recovered in a currency other than U.S. dollars (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the Company and the Guarantors or otherwise) by the Trustee or any Holder of the Securities in respect of any sum expressed to be due to it from the Company and the Guarantors shall only constitute a discharge to the Company and the Guarantors to the extent of the dollar amount which the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable to make that purchase on that date, on the first date on which it is practicable to do so). Unless the relevant Holder has elected to receive payment, in whole or in part, in Brazil in the lawful currency of Brazil following the occurrence of a Dollar Constraint in accordance with Section 3.14, if that dollar amount is less than the dollar amount expressed to be due to the recipient under the Securities, the Company and the Guarantors shall, jointly and severally, indemnify it against any loss sustained by it as a result as set forth in this Section 1.19. In any event, the Company and the Guarantors shall, jointly and severally, indemnify the recipient against the cost of making any such purchase. For the purposes of this Section 1.19, it will be sufficient for the Trustee or the Holder of a Security to certify in a satisfactory manner (indicating sources of information used) that it would have suffered a loss had an actual purchase of dollars been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of dollars on such date had not been practicable, on the first date on which it would have been practicable, it being required that the need for a change of date be certified in the manner mentioned above). The indemnities set forth in this Section 1.19 constitute separate and independent obligations from other obligations of the Company and the Guarantors, shall give rise to a separate and independent cause of action, shall apply irrespective of any indulgence granted by the Trustee or any Holder of the Securities and shall continue in full force and effect despite any other judgment, order, claim or proof for a liquidated amount in respect of any sum due under the Securities.

Currency of Account; Conversion of Currency; Foreign Exchange Restrictions. (a) Subject to the terms of Section 3.14 3.15 hereof, U.S. dollars are the sole currency of account and payment for all sums payable by the Company and the Guarantors under or in connection with the Securities or this Indenture, including damages. Any amount received or recovered in a currency other than U.S. dollars (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the Company and the Guarantors or otherwise) by the Trustee or any Holder of the Securities in respect of any sum expressed to be due to it from the Company and the Guarantors shall only constitute a discharge to the Company and the Guarantors to the extent of the dollar amount which the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable to make that purchase on that date, on the first date on which it is practicable to do so). Unless the relevant Holder has elected to receive payment, in whole or in part, in Brazil in the lawful currency of Brazil following the occurrence of a Dollar Constraint in accordance with Section 3.143.15, if that dollar amount is less than the dollar amount expressed to be due to the recipient under the Securities, the Company and the Guarantors shall, jointly and severally, indemnify it against any loss sustained by it as a result as set forth in this Section 1.191.18. In any event, the Company and the Guarantors shall, jointly and severally, indemnify the recipient against the cost of making any such purchase. For the purposes of this Section 1.191.18, it will be sufficient for the Trustee or the Holder of a Security to certify in a satisfactory manner (indicating sources of information used) that it would have suffered a loss had an actual purchase of dollars been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of dollars on such date had not been practicable, on the first date on which it would have been practicable, it being required that the need for a change of date be certified in the manner mentioned above). The indemnities set forth in this Section 1.19 1.18 constitute separate and independent obligations from other obligations of the Company and the Guarantors, shall give rise to a separate and independent cause of action, shall apply irrespective of any indulgence granted by the Trustee or any Holder of the Securities and shall continue in full force and effect despite any other judgment, order, claim or proof for a liquidated amount in respect of any sum due under the Securities.

Currency of Account; Conversion of Currency; Foreign Exchange Restrictions. (a) Subject to the terms of Section 3.14 hereof, U.S. dollars are the The sole currency of account and payment for all sums payable by the Issuer, the Company and the Subsidiary Guarantors under or in connection with the Securities Notes, the Note Guarantees or this Indenture, including damagesdamages related thereto shall be Euros. Any amount received or recovered in a currency other than U.S. dollars Euros by a Holder (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the Company and the Guarantors Issuer or otherwise) by the Trustee or any Holder of the Securities in respect of any sum expressed to be due to it from the Company and the Guarantors Issuer shall only constitute a discharge to the Company and the Guarantors Issuer to the extent of the dollar Euro amount which the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable to make that purchase on that date, on the first date on which it is practicable to do so). Unless the relevant Holder has elected to receive payment, in whole or in part, in Brazil in the lawful currency of Brazil following the occurrence of a Dollar Constraint in accordance with Section 3.14, if If that dollar Euro amount is less than the dollar Euro amount expressed to be due to the recipient under the SecuritiesNotes, the Company and the Guarantors shall, jointly and severally, Issuer shall indemnify it against any loss sustained by it as a result as set forth in this Section 1.1911.14(b). In any event, the Issuer, the Company and the Subsidiary Guarantors shall, jointly and severally, shall indemnify the recipient against the cost of making any such purchase. For the purposes of this Section 1.1911.14, it will be sufficient for the Trustee or the Holder of a Security to certify in a satisfactory manner (indicating sources of information used) that it would have suffered a loss had an actual purchase of dollars Euro been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of dollars Euro on such date had not been practicable, on the first date on which it would have been practicable, it being required that the need for a change of date be certified in the manner mentioned above). The indemnities set forth in this Section 1.19 11.14 constitute separate and independent obligations from other obligations of the Issuer, the Company and the Subsidiary Guarantors, shall give rise to a separate and independent cause of action, shall apply irrespective of any indulgence granted by the Trustee or any Holder of the Securities and shall continue in full force and effect despite any other judgment, order, claim or proof for a liquidated amount in respect of any sum due under the SecuritiesNotes.

Currency of Account; Conversion of Currency; Foreign Exchange Restrictions. (a) Subject to the terms of Section 3.14 hereof, U.S. dollars Dollars are the sole currency of account and payment for all sums payable by the Company Issuer and the Guarantors under or in connection with the Securities or Securities, the Guarantees and this Indenture, including damagesdamages related thereto. Any amount received or recovered in a currency other than U.S. dollars Dollars by a Holder (whether as a result of, or as a result of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the Company and the Guarantors Issuer or otherwise) by the Trustee or any Holder of the Securities in respect of any sum expressed to be due to it from the Company and the Guarantors Issuer or a Guarantor shall only constitute a discharge to the Company and the Guarantors Issuer or any such Guarantor to the extent of the dollar amount U.S. Dollar amount, which the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable to make that purchase on that date, on the first date on which it is practicable to do so). Unless the relevant Holder has elected to receive payment, in whole or in part, in Brazil in the lawful currency of Brazil following the occurrence of a If that U.S. Dollar Constraint in accordance with Section 3.14, if that dollar amount is less than the dollar U.S. Dollar amount expressed to be due to the recipient under the applicable Securities, the Company Issuer and the Guarantors shall, jointly and severally, shall indemnify it against any loss sustained by it as a result as set forth in this Section 1.1912.14(b). In any event, the Company Issuer and the Guarantors shall, jointly and severally, shall indemnify the recipient against the cost of making any such purchase. For the purposes of this Section 1.1912.14, it will be sufficient for the Trustee or the Holder of a Security to certify in a satisfactory manner (indicating sources of information used) that it would have suffered a loss had an actual purchase of dollars U.S. Dollars been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of dollars U.S. Dollars on such date had not been practicable, on the first date on which it would have been practicable, it being required that the need for a change of date be certified in the manner mentioned above). The indemnities set forth in this Section 1.19 constitute separate and independent obligations from other obligations of the Company and the Guarantors, shall give rise to a separate and independent cause of action, shall apply irrespective of any indulgence granted by the Trustee or any Holder of the Securities and shall continue in full force and effect despite any other judgment, order, claim or proof for a liquidated amount in respect of any sum due under the Securities.

Currency of Account; Conversion of Currency; Foreign Exchange Restrictions. (a) Subject to the terms of Section 3.14 hereof, U.S. dollars Dollars are the sole currency of account and payment for all sums payable by the Company and the Guarantors under or in connection with the Securities Notes, the Guarantees or this Indenture, including damagesdamages related thereto. Any amount received or recovered in a currency other than U.S. dollars Dollars by a Holder of Notes (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the Company and the Guarantors or otherwise) by the Trustee or any Holder of the Securities in respect of any sum expressed to be due to it from the Company and the Guarantors shall only constitute a discharge to the Company and the Guarantors to the extent of the dollar amount U.S. Dollar amount, which the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable to make that purchase on that date, on the first date on which it is practicable to do so). Unless the relevant Holder has elected to receive payment, in whole or in part, in Brazil in the lawful currency of Brazil following the occurrence of a If that U.S. Dollar Constraint in accordance with Section 3.14, if that dollar amount is less than the dollar U.S. Dollar amount expressed to be due to the recipient under the SecuritiesNotes, the Company and the Guarantors shall, jointly and severally, shall indemnify it against any loss sustained by it as a result as set forth in this Section 1.1912.15(b). In any event, the Company and the Guarantors shall, jointly and severally, shall indemnify the recipient against the cost of making any such purchase. For the purposes of this Section 1.1912.15, it will be sufficient for the Trustee or the Holder of a Security Note to certify in a satisfactory manner (indicating sources of information used) that it would have suffered a loss had an actual purchase of dollars U.S. Dollars been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of dollars U.S. Dollars on such date had not been practicable, on the first date on which it would have been practicable, it being required that the need for a change of date be certified in the manner mentioned above). The indemnities set forth in this Section 1.19 12.15 constitute separate and independent obligations from other obligations of the Company and the Guarantors, shall give rise to a separate and independent cause of action, shall apply irrespective of any indulgence granted by the Trustee or any Holder of the Securities Notes and shall continue in full force and effect despite any other judgment, order, claim or proof for a liquidated amount in respect of any sum due under the SecuritiesNotes.

Currency of Account; Conversion of Currency; Foreign Exchange Restrictions. (a) Subject to the terms of Section 3.14 hereof, U.S. dollars are the sole currency of account and payment for all sums payable by the Company and the Guarantors under or in connection with the Securities Notes, the Guarantee or this Indenture, including damages. Any amount received or recovered in a currency other than U.S. dollars (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the Company and the Guarantors or otherwise) by the Trustee or any Holder Noteholder of the Securities Notes in respect of any sum expressed to be due to it from the Company and the Guarantors shall only constitute a discharge to the Company and the Guarantors to the extent of the U.S. dollar amount which the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable to make that purchase on that date, on the first date on which it is practicable to do so). Unless the relevant Holder has elected to receive payment, in whole or in part, in Brazil in the lawful currency of Brazil following the occurrence of a Dollar Constraint in accordance with Section 3.14, if If that U.S. dollar amount is less than the U.S. dollar amount expressed to be due to the recipient under the SecuritiesNotes, the Company and the Guarantors shall, jointly and severally, indemnify it against any loss sustained by it as a result as set forth in this Section 1.191.14(b). In any event, the Company and each of the Guarantors shall, jointly and severally, indemnify the recipient against the cost of making any such purchase; provided that the liability of each of VCP and CRB under this Section 1.14 will be limited to 50% of the total amount of such indemnification. For the purposes of this Section 1.191.14, it will be sufficient for the Trustee or the Holder of a Security Noteholder to certify in a satisfactory manner (indicating sources of information used) that it would have suffered a loss had an actual purchase of U.S. dollars has been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of U.S. dollars on such date had not been practicable, on the first date on which it would have been practicable, it being required that the need for a change of date be certified in the manner mentioned above). The indemnities set forth in this Section 1.19 1.14 constitute separate and independent obligations from other obligations of the Company and the Guarantors, shall give rise to a separate and independent cause of action, shall apply irrespective of any indulgence granted by the Trustee or any Holder Noteholder of the Securities Notes and shall continue in full force and effect despite any other judgment, order, claim or proof for a liquidated amount in respect of any sum due under the SecuritiesNotes.

Currency of Account; Conversion of Currency; Foreign Exchange Restrictions. (a) Subject to the terms of Section 3.14 hereof, U.S. dollars Dollars are the sole currency of account and payment for all sums payable by the Company and the Guarantors under or in connection with the Securities Securities, the Guarantees or this Indenture, including damages. Any amount received or recovered in a currency other than U.S. dollars (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the Company and or the Guarantors or otherwise) by the Trustee or any Holder of the Securities in respect of any sum expressed to be due to it from the Company and the Guarantors shall only constitute a discharge to the Company and the Guarantors to the extent of the U.S. dollar amount which the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable to make that purchase on that date, on the first date on which it is practicable to do so). Unless the relevant Holder has elected to receive payment, in whole or in part, in Brazil in the lawful currency of Brazil following the occurrence of a Dollar Constraint in accordance with Section 3.14, if If that U.S. dollar amount is less than the U.S. dollar amount expressed to be due to the recipient under the Securities, the Company and the Guarantors shall, jointly and severally, indemnify it against any loss sustained by it as a result as set forth in this Section 1.191.14(b). In any event, the Company and each of the Guarantors shall, jointly and severally, indemnify the recipient against the cost of making any such purchase. For the purposes of this Section 1.191.14, it will be sufficient for the Trustee or the Holder of a Security to certify in a satisfactory manner (indicating sources of information used) that it would have suffered a loss had an actual purchase of dollars been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of dollars on such date had not been practicable, on the first date on which it would have been practicable, it being required that the need for a change of date be certified in the manner mentioned above). The indemnities set forth in this Section 1.19 1.14 constitute separate and independent obligations from other obligations of the Company and the Guarantors, shall give rise to a separate and independent cause of action, shall apply irrespective of any indulgence granted by the Trustee or any Holder of the Securities and shall continue in full force and effect despite any other judgment, order, claim or proof for a liquidated amount in respect of any sum due under the Securities.

Currency of Account; Conversion of Currency; Foreign Exchange Restrictions. (a) Subject to the terms of Section 3.14 hereof, U.S. dollars Euros are the sole currency of account and payment for all sums payable by the Company and the Guarantors under or in connection with the Securities Notes, the Note Guarantees of the Notes or this Indenture, including damagesdamages related thereto. Any amount received or recovered in a currency other than U.S. dollars Euro by a Holder of the Notes (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the Company and the Guarantors or otherwise) by the Trustee or any Holder of the Securities in respect of any sum expressed to be due to it from the Company and the Guarantors shall only constitute a discharge to the Company and the Guarantors to the extent of the dollar Euro amount which the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable to make that purchase on that date, on the first date on which it is practicable to do so). Unless the relevant Holder has elected to receive payment, in whole or in part, in Brazil in the lawful currency of Brazil following the occurrence of a Dollar Constraint in accordance with Section 3.14, if If that dollar Euro amount is less than the dollar Euro amount expressed to be due to the recipient under the SecuritiesNotes, the Company and the Guarantors shall, jointly and severally, shall indemnify it against any loss sustained by it as a result as set forth in this Section 1.1912.15(b). In any event, the Company and the Guarantors shall, jointly and severally, shall indemnify the recipient against the cost of making any such purchase. For the purposes of this Section 1.1912.15, it will be sufficient for the Trustee or the Holder of a Security Note to certify in a satisfactory manner (indicating sources of information used) that it would have suffered a loss had an actual purchase of dollars Euros been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of dollars Euros on such date had not been practicable, on the first date on which it would have been practicable, it being required that the need for a change of date be certified in the manner mentioned above). The indemnities set forth in this Section 1.19 12.15 constitute separate and independent obligations from other obligations of the Company and the Guarantors, shall give rise to a separate and independent cause of action, shall apply irrespective of any indulgence granted by the Trustee or any Holder of the Securities Notes and shall continue in full force and effect despite any other judgment, order, claim or proof for a liquidated amount in respect of any sum due under the SecuritiesNotes.

Currency of Account; Conversion of Currency; Foreign Exchange Restrictions. (a) Subject to the terms of Section 3.14 hereof, U.S. dollars are the sole currency of account and payment for all sums payable by the Company and the Guarantors under or in connection with the Securities Securities, the Guarantees or this Indenture, including damages. Any amount received or recovered in a currency other than U.S. dollars (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the Company and the Guarantors Guarantors, if any, or otherwise) by the Trustee or any Holder of the Securities in respect of any sum expressed to be due to it from the Company and the Guarantors Guarantors, if any, shall only constitute a discharge to the Company and the Guarantors Guarantors, if any, to the extent of the U.S. dollar amount which the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable to make that purchase on that date, on the first date on which it is practicable to do so). Unless the relevant Holder has elected to receive payment, in whole or in part, in Brazil in the lawful currency of Brazil following the occurrence of a Dollar Constraint in accordance with Section 3.14, if If that U.S. dollar amount is less than the U.S. dollar amount expressed to be due to the recipient under the Securities, the Company and the Guarantors Guarantors, if any, shall, jointly and severally, indemnify it against any loss sustained by it as a result as set forth in this Section 1.191.20(b). In any event, the Company and the Guarantors Guarantors, if any, shall, jointly and severally, indemnify the recipient against the cost of making any such purchase. For the purposes of this Section 1.191.20, it will be sufficient for the Trustee or the Holder holder of a Security to certify in a satisfactory manner (indicating sources of information used) that it would have suffered a loss had an actual purchase of U.S. dollars been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of U.S. dollars on such date had not been practicable, on the first date on which it would have been practicable, it being required that the need for a change of date be certified in the manner mentioned above). The indemnities set forth in this Section 1.19 1.20 constitute separate and independent obligations from other obligations of the Company and the Guarantors, if any, shall give rise to a separate and independent cause of action, shall apply irrespective of any indulgence granted by the Trustee or any Holder of the Securities and shall continue in full force and effect despite any other judgment, order, claim or proof for a liquidated amount in respect of any sum due under the Securities.

Currency of Account; Conversion of Currency; Foreign Exchange Restrictions. (a) Subject to the terms of Section 3.14 hereof, U.S. dollars Legal Tender are the sole currency of account and payment for all sums payable by the Company and the Note Guarantors under or in connection with the Securities Notes, the Note Guarantees or this Indenture, including damagesdamages related thereto. Any amount received or recovered in a currency other than U.S. dollars Legal Tender by a Holder (whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the winding-up or dissolution of the Company and the Guarantors or otherwise) by the Trustee or any Holder of the Securities in respect of any sum expressed to be due to it from the Company and the Guarantors shall only constitute a discharge to the Company and the Guarantors to the extent of the dollar U.S. Legal Tender amount which the recipient is able to purchase with the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable to make that purchase on that date, on the first date on which it is practicable to do so). Unless the relevant Holder has elected to receive payment, in whole or in part, in Brazil in the lawful currency of Brazil following the occurrence of a Dollar Constraint in accordance with Section 3.14, if If that dollar U.S. Legal Tender amount is less than the dollar U.S. Legal Tender amount expressed to be due to the recipient under the SecuritiesNotes, the Company and the Guarantors shall, jointly and severally, shall indemnify it against any loss sustained by it as a result as set forth in this Section 1.1914.16(b). In any event, the Company and the Note Guarantors shall, jointly and severally, shall indemnify the recipient against the cost of making any such purchase. For the purposes of this Section 1.1914.16, it will be sufficient for the Trustee or the Holder of a Security Note to certify in a satisfactory manner (indicating sources of information used) that it would have suffered a loss had an actual purchase of dollars U.S. Legal Tender been made with the amount so received in that other currency on the date of receipt or recovery (or, if a purchase of dollars U.S. Legal Tender on such date had not been practicable, on the first date on which it would have been practicable, it being required that the need for a change of date be certified in the manner mentioned above). The indemnities set forth in this Section 1.19 14.16 constitute separate and independent obligations from other obligations of the Company and the Note Guarantors, shall give rise to a separate and independent cause of action, shall apply irrespective of any indulgence granted by the Trustee or any Holder of the Securities Notes and shall continue in full force and effect despite any other judgment, order, claim or proof for a liquidated amount in respect of any sum due under the SecuritiesNotes.