Obligation Currency. The obligation of the parties to make payments hereunder is in U.S. dollars (the “Obligation Currency’’) and such obligation shall not be discharged or satisfied by any tender or recovery pursuant to any judgment expressed in any currency other than the Obligation Currency or any other realization in such other currency, whether as proceeds of set-off, security, guarantee, distributions, or otherwise, except to the extent to which such tender, recovery or realization shall result in the receipt by the party which is to receive such payment of the full amount of the Obligation Currency expressed to be payable hereunder. The party liable to make such payment agrees to indemnify the party which is to receive such payment for the amount (if any) by which such receipt shall exceed the full amount of the Obligation Currency, and, in each case, such obligation shall not be affected by judgment being obtained for any other sums due under this Agreement. The parties agree that the rate of exchange which shall be used to determine if such tender, recovery or realization shall result in the receipt by the party which is to receive such payment of the full amount of the Obligation Currency expressed to be payable hereunder shall be the noon buying rate in New York City for cable transfers in such foreign currency as certified for customs purposes by the Federal Reserve Bank of New York for the business day preceding that on which the judgment becomes a final judgment or, if such noon buying rate is not available, the rate of exchange shall be the rate at which in accordance with normal banking procedures the Underwriters could purchase United States dollars with such foreign currency on the business day preceding that on which the judgment becomes a final judgment.
Obligation Currency. The obligation of the Company or the Guarantors in respect of any sum due to any Holder shall, notwithstanding any judgment in a currency other than U.S. dollars, not be discharged until the first Business Day, following receipt by such Holder of any sum adjudged to be so due in such other currency, on which (and only to the extent that) such Holder may in accordance with normal banking procedures purchase U.S. dollars with such other currency; if the U.S. dollars so purchased are less than the sum originally due to such Holder hereunder, the Company and the Guarantors agree, as a separate obligation and notwithstanding any such judgment, to indemnify such Holder against such loss.
Obligation Currency. The obligation of the Company or the Current Guarantors in respect of any sum due to any Initial Purchaser or Holder shall, notwithstanding any judgment in a currency other than U.S. dollars, not be discharged until the first business day, following receipt by such Initial Purchaser or Holder, as the case may be, of any sum adjudged to be so due in such other currency, on which (and only to the extent that) such Initial Purchaser or Holder, as the case may be, may in accordance with normal banking procedures purchase U.S. dollars with such other currency; if the U.S. dollars so purchased are less than the sum originally due to such Initial Purchaser or Holder, as the case may be, hereunder, the Company and the Current Guarantors agree, as a separate obligation and notwithstanding any such judgment, to indemnify such Initial Purchaser or Holder, as the case may be, against such loss. If the U.S. dollars so purchased are greater than the sum originally due to such Initial Purchaser hereunder, such Initial Purchaser agrees to pay to the Company an amount equal to the excess of the dollars so purchased over the sum originally due to such Initial Purchaser hereunder.
Obligation Currency. 2.19.1. The Client shall meet his or her obligations to the Bank for all types of contracts concluded with the Bank (including credit agreements and security agreements (guarantee, bailment, mortgage) in the currency of obligation, unless otherwise stated in the contracts with the Client. If the obligations are expressed in a foreign currency, the exchange rate into the national currency shall not be a reason to change the amount or currency of such obligations.
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Obligation Currency. 86 EXHIBITS Exhibit A FORM OF NOTE Exhibit B FORM OF CERTIFICATE OF TRANSFER Exhibit C FORM OF CERTIFICATE OF EXCHANGE Exhibit D FORM OF CERTIFICATE OF ACQUIRING INSTITUTIONAL ACCREDITED INVESTOR Exhibit E FORM OF NOTATION OF GUARANTEE Exhibit F FORM OF SUPPLEMENTAL INDENTURE INDENTURE, dated as of February 25, 2004, among Riverside Forest Products Limited, a British Columbia corporation, the Guarantors (as defined) and Wells Fargo Bank, National Association. In this Indenture, references xx "$" or "dollars" are to Canadian dollars and references to "US$" and "U.S. dollars" are to United States dollars. The Company, the Guarantors and the Trustee agree as follows for the benefit of each other and for the equal and ratable benefit of the Holders (as defined) of the 7-7/8% Senior Notes due 2014 (the "NOTES"):
Obligation Currency. The obligation of the Company in respect of any sum due to any Holder shall, notwithstanding any judgment in a currency other than U.S. dollars, not be discharged until the first business day, following receipt by such Holder of any sum adjudged to be so due in such other currency, on which (and only to the extent that) such Holder may in accordance with normal banking procedures purchase U.S. dollars with such other currency; if the U.S. dollars so purchased are less than the sum originally due to such Holder hereunder, the Company agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Holder against such loss. The Company will furnish to any Holder upon written request and without charge a copy of the Indenture and/or the Registration Rights Agreement. Requests may be made to: Riverside Forest Products Limited 820 Guy Street Kelowna, British Columbia V1Y 7R5 Facsimile No.: (250) 000-0000 Xxxxxxxxx: Xxxxx Xxxxxxxxx Xxxxxxx ASSIGNMENT FORM To assign this Note, fill in the form below:
Obligation Currency. All obligations of Guarantor hereunder shall be payable in United States dollars. The obligations hereunder of Guarantor to make payments in United States dollars shall not be discharged or satisfied by any tender or recovery pursuant to any judgment expressed in or converted into any other currency, except to the extent that such tender or recovery results in the effective receipt by the Seller of the full amount of in United States dollars owing to it hereunder.
Obligation Currency. The obligation of the Company in respect of any sum due to any Holder shall, notwithstanding any judgment in a currency other than U.S. dollars, not be discharged until the first business day, following receipt by such Holder of any sum adjudged to be so due in such other currency, on which (and only to the extent that) such Holder may in accordance with normal banking procedures purchase U.S. dollars with such other currency; if the U.S. dollars so purchased are less than the sum originally due to such Holder hereunder, the Company agrees, as a separate obligation and notwithstanding any such judgment, to indemnify such Holder against such loss. The Company will furnish to any Holder upon written request and without charge a copy of the Indenture and/or the Registration Rights Agreement. Requests may be made to: Canadian Satellite Radio Holdings Inc. Sxxxx 0000, Xxxxxx Trust Tower BCE Place, 100 Xxx Xxxxxx Xxxxxxx, Xxxxxxx X0X 0X0 Xxxxxx Attention: Chief Financial Officer Assignment Form To assign this Note, fill in the form below:
Obligation Currency. The obligation of the Guaranteeing Subsidiary in respect of any sum due to any Holder shall, notwithstanding any judgment in a currency other than U.S. dollars, not be discharged until the first business day, following receipt by such Holder of any sum adjudged to be so due in such other currency, on which (and only to the extent that) such Holder may in accordance with normal banking procedures purchase U.S. dollars with such other currency; if the U.S. dollars so purchased are less than the sum originally due to such Holder hereunder, the Guaranteeing Subsidiary agree, as a separate obligation and notwithstanding any such judgment, to indemnify such Holder against such loss. 107
