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) U.S. dollars are the sole currency of account and payment for all sums payable by the Issuer and the Guarantors under or in connection with the Notes, the Guarantees or this Indenture, including damages related thereto. Any amount received or recovered in a currency other than U.S. dollars 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 Issuer or otherwise) in respect of any sum expressed to be due to it from the Issuer shall only constitute a discharge to the Issuer to the extent of the U.S. dollars, 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). If that U.S. dollar amount is less than the U.S. dollar amount expressed to be due to the recipient under the Notes, the Issuer shall indemnify such Holder against any loss sustained by it as a result as set forth in Section 12.14(b). In any event, the Issuer and the Guarantors shall indemnify the recipient against the cost of making any such purchase. For the purposes of this Section 12.14, it will be sufficient for the Holder 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 12.14 constitute separate and independent obligations from other obligations of the Issuer and the Guarantors, shall give rise to a separate and independent cause of action, shall apply irrespective of any indulgence granted by any Holder of the 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 Notes.

Currency of Account; Conversion of Currency; Foreign Exchange Restrictions. (a) U.S. dollars are the sole currency of account and payment for all sums payable by the Issuer and the Guarantors Company under or in connection with the Notes, the Guarantees Second Priority Securities or this Indenture, including damages related theretodamages. Any amount received or recovered in a currency other than U.S. dollars 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 Issuer Company or otherwise) by any Second Priority Holder of the Second Priority Securities in respect of any sum expressed to be due to it from the Issuer Company shall only constitute a discharge to the Issuer Company to the extent of the U.S. dollars, dollar amount which the recipient is able to purchase with the amount so received or 111 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). If that U.S. dollar amount is less than the U.S. dollar amount expressed to be due to the recipient under the NotesSecond Priority Securities, the Issuer Company shall indemnify such Holder it against any loss sustained by it as a result as set forth in Section 12.14(b12.16(b). In any event, the Issuer and the Guarantors Company shall indemnify the recipient against the cost of making any such purchase. For the purposes of this Section 12.1412.16, it will be sufficient for the Second Priority Holder of a Second Priority 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 12.14 12.16 constitute separate and independent obligations from other obligations of the Issuer and the GuarantorsCompany, shall give rise to a separate and independent cause of action, shall apply irrespective of any indulgence granted by any Second Priority Holder of the Notes Second Priority 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 NotesSecond Priority Securities.

Currency of Account; Conversion of Currency; Foreign Exchange Restrictions. (a) U.S. dollars are the sole currency of account and payment for all sums payable by the Issuer Company and the Subsidiary Guarantors under or in connection with the NotesSecurities, the Subsidiary Guarantees or this Indenture, including damages related theretodamages. Any amount received or recovered in a currency other than U.S. dollars 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 Issuer Company and the Subsidiary Guarantors or otherwise) by any Holder of the Securities in respect of any sum expressed to be due to it from the Issuer Company and the Subsidiary Guarantors shall only constitute a discharge to the Issuer Company and the Subsidiary Guarantors to the extent of the U.S. dollars, 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 recover (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). If that U.S. dollar amount is less than the U.S. dollar amount expressed to be due to the recipient under the NotesSecurities, the Issuer shall Company and the Subsidiary Guarantors shall, jointly and severally, indemnify such Holder it against any loss sustained by it as a result as set forth in Section 12.14(b11.17(b). In any event, the Issuer Company and the Subsidiary Guarantors shall shall, jointly and severally, indemnify the recipient against the cost of making any such purchase. For the purposes of this Section 12.1411.17, it will be sufficient for 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 12.14 11.17 constitute separate and independent obligations from other obligations of the Issuer and the Guarantors, shall give rise to a separate and independent cause of action, shall apply irrespective of any indulgence granted by any Holder of the Notes 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 NotesSecurities.

Currency of Account; Conversion of Currency; Foreign Exchange Restrictions. (a) U.S. dollars Euros are the sole currency of account and payment for all sums payable by the Issuer Company and the Guarantors under or in connection with the Notes, the Guarantees or this Indenture, including damages related theretodamages. Any amount received or recovered in a currency other than U.S. dollars by a Holder euros (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 Issuer Company or the Guarantors or otherwise) by any Holder of the Notes in respect of any sum expressed to be due to it from the Issuer Company and the Guarantors shall only constitute a discharge to the Issuer Company and the Guarantors to the extent of the U.S. dollars, 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). If that U.S. dollar euro amount is less than the U.S. dollar euro amount expressed to be due to the recipient under the Notes, the Issuer shall Company and the Guarantors shall, jointly and severally, indemnify such Holder it against any loss sustained by it as a result as set forth in Section 12.14(b1.14(b). In any event, the Issuer Company and each of the Guarantors shall shall, jointly and severally, indemnify the recipient against the cost of making any such purchasepurchase provided that the liability of each of VCB and CBA will be limited to 50% of the total amount of such indemnity. For the purposes of this Section 12.141.14, it will be sufficient for the Holder of a Note 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 euros 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 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 12.14 1.14 constitute separate and independent obligations from other obligations of the Issuer Company and the Guarantors, shall give rise to a separate and independent cause of action, shall apply irrespective of any indulgence granted by any Holder of the 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 Notes.

Currency of Account; Conversion of Currency; Foreign Exchange Restrictions. (a) U.S. dollars Euros are the sole currency of account and payment for all sums payable by the Issuer and the Guarantors under or in connection with the Notes, the Note Guarantees of the Notes or this Indenture, including damages 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 Issuer or otherwise) in respect of any sum expressed to be due to it from the Issuer shall only constitute a discharge to the Issuer to the extent of the U.S. dollars, 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). If that U.S. dollar Euro amount is less than the U.S. dollar Euro amount expressed to be due to the recipient under the Notes, the Issuer shall indemnify such Holder it against any loss sustained by it as a result as set forth in subsection (b) of this Section 12.14(b)11.17. In any event, the Issuer and the Guarantors shall indemnify the recipient against the cost of making any such purchase. For the purposes of this Section 12.1411.17, it will be sufficient for the Holder of a Note 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 Euros 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 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 12.14 11.17 constitute separate and independent obligations from other obligations of the Issuer and the Guarantors, shall give rise to a separate and independent cause of action, shall apply irrespective of any indulgence granted by any Holder of the 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 Notes.

Currency of Account; Conversion of Currency; Foreign Exchange Restrictions. (a) U.S. dollars are the sole currency of account and payment for all sums payable by the Issuer and the Guarantors under or in connection with the Notes, the Guarantees or this Indenture, including damages related thereto. Any amount received or recovered in a currency other than U.S. dollars 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 Issuer or otherwise) in respect of any sum expressed to be due to it from the Issuer shall only constitute a discharge to the Issuer to the extent of the U.S. dollars, 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). If that U.S. dollar amount is less than the U.S. dollar amount expressed to be due to the recipient under the Notes, the Issuer shall indemnify such Holder it against any loss sustained by it as a result as set forth in Section 12.14(b13.16(b). In any event, the Issuer and the Guarantors shall indemnify the recipient against the cost of making any such purchase. For the purposes of this Section 12.1413.16, it will shall be sufficient for the Holder 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 12.14 13.16 constitute separate and independent obligations from other obligations of the Issuer and the Guarantors, shall give rise to a separate and independent cause of action, shall apply irrespective of any indulgence granted by any Holder of the 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 Notes.