Common use of PAYMENT TO BE IN PROPER CURRENCY Clause in Contracts

PAYMENT TO BE IN PROPER CURRENCY. In the case of any Security denominated in any currency other than Dollars or in a composite currency (the "Required Currency"), except as otherwise specified with respect to such Security as contemplated by Section 301, the obligation of the Company to make any payment of the principal thereof, or the premium or interest thereon, shall not be discharged or satisfied by any tender by the Company, or recovery by the Trustee, in any currency other than the Required Currency, except to the extent that such tender or recovery shall result in the Trustee timely holding the full amount of the Required Currency then due and payable. If any such tender or recovery is in a currency other than the Required Currency, the Trustee may take such actions as it considers appropriate to exchange such currency for the Required Currency. The costs and risks of any such exchange, including without limitation the risks of delay and exchange rate fluctuation, shall be borne by the Company and the Company shall remain fully liable for any shortfall or delinquency in the full amount of Required Currency then due and payable, and in no circumstances shall the Trustee be liable therefor except in the case of its negligence or willful misconduct. The Company hereby waives any defense of payment based upon any such tender or recovery which is not in the Required Currency, or which, when exchanged for the Required Currency by the Trustee, is less than the full amount of Required Currency then due and payable.

PAYMENT TO BE IN PROPER CURRENCY. In the case of any Security denominated in any currency other than Dollars or in a composite currency (the "Required Currency"), except as otherwise specified with respect to such Security as contemplated by Section 301, the obligation of the Company or the Guarantor to make any payment of the principal thereof, or the premium or interest thereon, shall not be discharged or satisfied by any tender by the CompanyCompany or the Guarantor, or recovery by the Trustee, in any currency other than the Required Currency, except to the extent that such tender or recovery shall result in the Trustee timely holding the full amount of the Required Currency then due and payable. If any such tender or recovery is in a currency other than the Required Currency, the Trustee may take such actions as it considers appropriate to exchange such currency for the Required Currency. The costs and risks of any such exchange, including without limitation the risks of delay and exchange rate fluctuation, shall be borne by the Company and the Guarantor, the Company and the Guarantor shall remain fully liable for any shortfall or delinquency in the full amount of Required Currency then due and payable, and in no circumstances shall the Trustee be liable therefor except in the case of its negligence or willful misconduct. The Company and the Guarantor hereby waives waive any defense of payment based upon any such tender or recovery which is not in the Required Currency, or which, when exchanged for the Required Currency by the Trustee, is less than the full amount of Required Currency then due and payable.

PAYMENT TO BE IN PROPER CURRENCY. In the case of any Security denominated in any particular currency other than Dollars or in a composite currency unit (the "“Required Currency"”), subject to applicable law and except as otherwise specified with respect provided herein, therein or in or pursuant to such Security as contemplated by Section 301the related Board Resolution, Medium-Term Debt Securities Certificate or supplemental indenture, the obligation of the Company to make any payment of the principal thereofprincipal, or the premium or interest thereon, thereon shall not be discharged or satisfied by any tender by the Company, or recovery by the Trustee, in any currency or currency unit other than the Required Currency, except to the extent that such tender or recovery shall result in the Trustee Trustee’s timely holding the full amount of the Required Currency then due and payable. If any such tender or recovery is made in a currency other than the Required Currency, the Trustee may take such actions as it considers appropriate to exchange such other currency or currency unit for the Required Currency. The costs and risks of any such exchange, including without limitation the risks of delay and exchange rate fluctuation, shall be borne by the Company and Company, the Company shall remain fully be liable for any shortfall or delinquency in the full amount of the Required Currency then due and payable, and in no circumstances shall the Trustee be liable therefor except in the case of its negligence or willful misconducttherefor. The Company hereby waives any defense of payment based upon any such tender or recovery which is not in the Required Currency, or which, when exchanged for the Required Currency by the Trustee, is less than the full amount of the Required Currency then due and payable.

PAYMENT TO BE IN PROPER CURRENCY. Each reference in any Security, or in the Authorizing Resolution relating thereto, to any currency shall be of the essence. In the case of any Security denominated in any currency other than Dollars or in a composite currency (the "Required Currency")) other than United States dollars, except as otherwise specified with respect to such Security as contemplated by Section 301provided therein or in the related Authorizing Resolution, the obligation of the Company to make any payment of the principal thereofprincipal, or the premium or interest thereon, thereon shall not be discharged or satisfied by any tender by the Company, or recovery by the Trustee, in any currency other than the Required Currency, except to the extent that such tender or recovery shall result in the Trustee timely holding the full amount of the Required Currency then due and payable. If any such tender or recovery is in a currency other than the Required Currency, the Trustee may take such actions as it considers appropriate to exchange such currency for the Required Currency. The costs and risks of any such exchange, including without limitation the risks of delay and exchange rate fluctuation, shall be borne by the Company and Company, the Company shall remain fully liable for any shortfall or delinquency in the full amount of Required Currency then due and payable, and in no circumstances shall the Trustee be liable therefor except in the case of its negligence or willful misconducttherefor. The Company hereby waives any defense of payment based upon any such tender or recovery which is not in the Required Currency, or which, when exchanged for the Required Currency by the Trustee, is less than the full amount of Required Currency then due and payable.

PAYMENT TO BE IN PROPER CURRENCY. In the case of any Security -------------------------------- Securities denominated in any particular currency other than Dollars or in a composite currency unit (the "Required Currency"), except as otherwise specified with respect provided herein, therein or in or pursuant to such Security as contemplated by Section 301the related Board Resolution or supplemental indenture, the obligation of the Company to make any payment of the principal thereofprincipal, or the premium or interest thereon, thereon shall not be discharged or satisfied by any tender by the Company, or recovery by the Trustee, in any currency or currency unit other than the Required Currency, except to the extent that such tender or recovery shall result in the Trustee timely holding the full amount of the Required Currency then due and payable. If any such tender or recovery is made in a currency other than the Required Currency, the Trustee may take such actions as it considers appropriate to exchange such other currency or currency unit for the Required Currency. The costs and risks of any such exchange, including without limitation the risks of delay and exchange rate fluctuation, shall be borne by the Company and Company, the Company shall remain fully liable for any shortfall or delinquency in the full amount of the Required Currency then due and payable, payable and in no circumstances shall the Trustee be liable therefor except in the case of its negligence or willful misconducttherefor. The Company hereby waives any defense of payment based upon any such tender or recovery which is not in the Required Currency, or which, when exchanged for the Required Currency by the Trustee, is less than the full amount of the Required Currency then due and payable.

PAYMENT TO BE IN PROPER CURRENCY. In the case of any Security denominated in any currency other than Dollars or in a composite currency (the "Required Currency"), except as otherwise specified with respect to such Security as contemplated by Section 301, the obligation of the Company to make any payment of the principal thereof, or the premium or interest thereon, shall not be discharged or satisfied by any tender by the Company, or recovery by the Trustee, in any currency other than the Required Currency, except to the extent that such tender or recovery shall result in the Trustee timely holding the full amount of the Required Currency then due and payable. If any such tender or recovery is in a currency other than the Required Currency, the Trustee may take such actions as it considers appropriate to exchange such currency for the Required Currency. The costs and risks of any such exchange, including without limitation the risks of delay and exchange rate fluctuation, shall be borne by the Company and Company, the Company shall remain fully liable for any shortfall or delinquency in the full amount of Required Currency then due and payable, and in no circumstances shall the Trustee be liable therefor except in the case of its negligence or willful misconduct. The Company hereby waives any defense of payment based upon any such tender or recovery which is not in the Required Currency, or which, when exchanged for the Required Currency by the Trustee, is less than the full amount of Required Currency then due and payable.

PAYMENT TO BE IN PROPER CURRENCY. In the case of any Security denominated in any particular currency other than Dollars or in a composite currency unit (the "“Required Currency"”), subject to applicable law and except as otherwise specified with respect provided herein, therein or in or pursuant to such Security as contemplated by Section 301the related Company Board Resolution, Medium-Term Debt Securities Certificate or supplemental indenture, the obligation of the Company to make any payment of the principal thereofprincipal, or the premium or interest thereon, thereon shall not be discharged or satisfied by any tender by the Company, or recovery by the Trustee, in any currency or currency unit other than the Required Currency, except to the extent that such tender or recovery shall result in the Trustee Trustee’s timely holding the full amount of the Required Currency then due and payable. If any such tender or recovery is made in a currency other than the Required Currency, the Trustee may take such actions as it considers appropriate to exchange such other currency or currency unit for the Required Currency. The costs and risks of any such exchange, including without limitation the risks of delay and exchange rate fluctuation, shall be borne by the Company and Company, the Company shall remain fully be liable for any shortfall or delinquency in the full amount of the Required Currency then due and payable, and in no circumstances shall the Trustee be liable therefor except in the case of its negligence or willful misconducttherefor. The Company hereby waives any defense of payment based upon any such tender or recovery which is not in the Required Currency, or which, when exchanged for the Required Currency by the Trustee, is less than the full amount of the Required Currency then due and payable.

PAYMENT TO BE IN PROPER CURRENCY. Each reference in any Security, or in the Authorizing Resolution and/or sup- plemental indenture, if any, relating thereto, to any currency shall be of the essence. In the case of any Security denominated in any currency other than Dollars or in a composite currency (the "Required Re- quired Currency")) other than United States dollars, except as otherwise specified with respect to such Security as contemplated by Section 301pro- vided therein or in the related Authorizing Resolution and/or supplemental in- denture, if any, the obligation of the Company to make any payment of the principal thereof, or the premium princi- pal of or interest thereon, thereon shall not be discharged or satisfied by any tender by the Company, or recovery by the Trustee, in any currency other than the Required Re- quired Currency, except to the extent that such tender or recovery shall result re- xxxx in the Trustee timely holding the full amount of the Required Currency then due and payable. If any such tender or recovery is in a currency other than the Required Currency, the Trustee may take such actions as it considers appropriate to exchange such currency for the Required Currency. The costs and risks of any such exchange, including without limitation limitations, the risks of delay and exchange rate fluctuation, shall be borne by the Company and Company; the Company shall remain fully liable for any shortfall or delinquency in the full amount of Required Currency then due and payable, and in no circumstances shall the Trustee be liable therefor except in the case of its negligence or willful misconducttherefor. The Company hereby waives any defense of payment based upon any such tender or recovery which is not in the Required Currency, or which, when exchanged for the Required Currency by the Trustee, is less than the full amount of Required Currency then due and payable.

PAYMENT TO BE IN PROPER CURRENCY. In the case of the Securities of any Security series, or any Tranche thereof, denominated in any currency other than Dollars or in a composite currency (the "Required Currency"), except as otherwise specified with respect to such Security Securities as contemplated by Section 301, the obligation of the Company or the Guarantor to make any payment of the principal thereof, or the premium premium, if any, or interest interest, if any, thereon, shall not be discharged or satisfied by any tender by the CompanyCompany or the Guarantor, or recovery by the Trustee, in any currency other than the Required Currency, except to the extent that such tender or recovery shall result in the Trustee timely holding the full amount of the Required Currency then due and payable. If any such tender or recovery is in a currency other than the Required Currency, the Trustee may take such actions as it considers appropriate to exchange such currency for the Required Currency. The costs and risks of any such exchange, including without limitation the risks of delay and exchange rate fluctuation, shall be borne by the Company and the Guarantor, the Company and the Guarantor shall remain fully liable for any shortfall or delinquency in the full amount of Required Currency then due and payable, and in no circumstances shall the Trustee be liable therefor except in the case of its negligence or willful misconduct. The Company hereby waives any defense of payment based upon any such tender or recovery which is not in the Required Currency, or which, when exchanged for the Required Currency by the Trustee, is less than the full amount of Required Currency then due and payable.ARTICLE FOUR

PAYMENT TO BE IN PROPER CURRENCY. In the case of any Security Securities denominated in any currency other than United States Dollars or in a composite currency (the "Required Currency"), except as otherwise specified with respect to such Security as contemplated by Section 301provided therein, the obligation of the Company to make any payment of the principal thereof, or the premium or interest thereon, shall not be discharged or satisfied by any tender by the Company, or recovery by the Trustee, in any currency other than the Required Currency, except to the extent that such tender or recovery shall result in the Trustee timely holding the full amount of the Required Currency then due and payable. If any such tender or recovery is in a currency other than the Required Currency, the Trustee may take such actions as it considers appropriate to exchange such currency for the Required Currency. The costs and risks of any such exchange, including without limitation the risks of delay and exchange rate fluctuation, shall be borne by the Company and Company, the Company shall remain fully liable for any shortfall or delinquency in the full amount of Required Currency then due and payable, and in no circumstances shall the Trustee be liable therefor except in the case of its negligence or willful misconduct. The Company hereby waives any defense of payment based upon any such tender or recovery which is not in the Required Currency, Currency or which, when exchanged for the Required Currency by the Trustee, is less than the full amount of Required Currency then due and payable.. ARTICLE FOUR

PAYMENT TO BE IN PROPER CURRENCY. In the case of any Security denominated in any currency other than Dollars or in a composite currency (the "Required Currency"), except as otherwise specified with respect to such Security as contemplated by Section 301, the obligation of the Company to make any payment of the principal thereof, or the premium or interest thereon, shall not be discharged or satisfied by any tender by the Company, or recovery by the Trustee, in any currency other than the Required Currency, except to the extent that such tender or recovery shall result in the Trustee timely holding the full amount of the Required Currency then due and payable. If any such tender or recovery is in a currency other than the Required Currency, the Trustee may take such actions as it considers appropriate to exchange such currency for the Required Currency. The costs and risks of any such exchange, including without limitation the risks of delay and exchange rate fluctuation, shall be borne by the Company and Company, the Company shall remain fully liable for any shortfall or delinquency in the full amount of Required Currency then due and payable, and in no circumstances shall the Trustee be liable therefor except in the case of its negligence or willful misconduct. The Company hereby waives waive any defense of payment based upon any such tender or recovery which is not in the Required Currency, or which, when exchanged for the Required Currency by the Trustee, is less than the full amount of Required Currency then due and payable.

PAYMENT TO BE IN PROPER CURRENCY. In the case of any Security denominated in any currency other than Dollars or in a composite currency (the "“Required Currency"”), except as otherwise specified with respect to such Security as contemplated by Section 3013.01, the obligation of the Company to make any payment of the principal thereof, or the premium or interest thereon, shall not be discharged or satisfied by any tender by the Company, or recovery by the Trustee, in any currency other than the Required Currency, except to the extent that such tender or recovery shall result in the Trustee timely holding the full amount of the Required Currency then due and payable. If any such tender or recovery is in a currency other than the Required Currency, the Trustee may take such actions as it considers appropriate to exchange such currency for the Required Currency. The costs and risks of any such exchange, including without limitation the risks of delay and exchange rate fluctuation, shall be borne by the Company and Company, the Company shall remain fully liable for any shortfall or delinquency in the full amount of Required Currency then due and payable, and in no circumstances shall the Trustee be liable therefor except in the case of its negligence or willful misconduct. The Company hereby waives any defense of payment based upon any such tender or recovery which is not in the Required Currency, or which, when exchanged for the Required Currency by the Trustee, is less than the full amount of Required Currency then due and payable.

PAYMENT TO BE IN PROPER CURRENCY. In the case of any Security denominated in any currency other Other than Dollars as provided herein or in the Security, an Officers' Certificate or a composite currency (the "Required Currency"), except as otherwise specified with respect to such Security as contemplated by Section 301supplemental indenture, the obligation of the Company to make any payment of the principal thereofof (and premium, or the premium or interest thereonif any) and interest, if any, on such Security shall not be discharged or satisfied by any tender by the Company, or recovery collection by the Trustee, in any currency or currency unit other than that in which such Security is denominated (the Required "Specified Currency"), except to the extent that such tender or recovery shall result in the Trustee timely holding holds for such payment the full amount of the Required Specified Currency then when due and payable. If any such tender or recovery collection is made in a currency other than the Required Specified Currency, the Trustee may take such actions as it considers appropriate to exchange such other currency or currency unit for the Required Specified Currency. The costs and risks of any such exchange, including without limitation the risks of delay and exchange rate fluctuation, shall be borne by the Company and Company, the Company shall remain fully liable for any shortfall or delinquency in the full amount of Required the Specified Currency then due and payable, payable and in no circumstances shall the Trustee be liable therefor except in the case of its negligence or willful misconducttherefor. The Company hereby waives any defense of payment based upon any such tender or recovery collection which is not in the Required Specified Currency, or which, when exchanged for the Required Specified Currency by the Trustee, is less than the full amount of Required the Specified Currency then due and payable.

PAYMENT TO BE IN PROPER CURRENCY. In the case of any Security denominated in any currency other than Dollars or in a composite currency (the "Required Currency"), except as otherwise specified with respect to such Security as contemplated by Section 301, the obligation of the Company or the Guarantor to make any payment of the principal thereof, or the premium or interest thereon, shall not be discharged or satisfied by any tender by the CompanyCompany or the Guarantor, or recovery by the Trustee, in any currency other than the Required Currency, except to the extent that such tender or recovery shall result in the Trustee timely holding the full amount of the Required Currency then due and payable. If any such tender or recovery is in a currency other than the Required Currency, the Trustee may take such actions as it considers appropriate to exchange such currency for the Required Currency. The costs and risks of any such exchange, including without limitation the risks of delay and exchange rate fluctuation, shall be borne by the Company and the Guarantor, the Company and the Guarantor shall remain fully liable for any shortfall or delinquency in the full amount of Required Currency then due and payable, and in no circumstances shall the Trustee be liable therefor except in the case of its negligence or willful misconduct. The Company and the Guarantor hereby waives waive any defense of payment based upon any such tender or recovery which is not in the Required Currency, or which, when exchanged for the Required Currency by the Trustee, is less than the full amount of Required Currency then due and payable.. ARTICLE FOUR

PAYMENT TO BE IN PROPER CURRENCY. In the case of the Securities of any Security series, or any Tranche thereof, denominated in any currency other than Dollars or in a composite currency (the "Required Currency"), except as otherwise specified with respect to such Security Securities as contemplated by Section 301, the obligation of the Company to make any payment of the principal thereof, or the premium or interest thereon, shall not be discharged or satisfied by any tender by the Company, or recovery by the Trustee, in any currency other than the Required Currency, except to the extent that such tender or recovery shall result in the Trustee timely holding the full amount of the Required Currency then due and payable. If any such tender or recovery is in a currency other than the Required Currency, the Trustee may take such actions as it considers appropriate to exchange such currency for the Required Currency. The costs and risks of any such exchange, including without limitation the risks of delay and exchange rate fluctuation, shall be borne by the Company and Company, the Company shall remain fully liable for any shortfall or delinquency in the full amount of Required Currency then due and payable, and in no circumstances shall the Trustee be liable therefor except in the case of its negligence or willful misconduct. The Company hereby waives any defense of payment based upon any such tender or recovery which is not in the Required Currency, or whichto the extent such amount, when exchanged for the Required Currency by the Trustee, is less than the full amount of Required Currency then due and payable.. ARTICLE FOUR

PAYMENT TO BE IN PROPER CURRENCY. In the case of any Security denominated in any particular currency other than Dollars or in a composite currency unit (the "Required Currency"), subject to applicable law and except as otherwise specified with respect provided herein, therein or in or pursuant to such Security as contemplated by Section 301the related Board Resolution, Medium-Term Debt Securities Certificate or supplemental indenture, the obligation of the Company to make any payment of the principal thereofprincipal, or the premium or interest thereon, thereon shall not be discharged or satisfied by any tender by the Company, or recovery by the Trustee, in any currency or currency unit other than the Required Currency, except to the extent that such tender or recovery shall result in the Trustee Trustee's timely holding the full amount of the Required Currency then due and payable. If any such tender or recovery is made in a currency other than the Required Currency, the Trustee may take such actions as it considers appropriate to exchange such other currency or currency unit for the Required Currency. The costs and risks of any such exchange, including without limitation the risks of delay and exchange rate fluctuation, shall be borne by the Company and Company, the Company shall remain fully be liable for any shortfall or delinquency in the full amount of the Required Currency then due and payable, and in no circumstances shall the Trustee be liable therefor except in the case of its negligence or willful misconducttherefor. The Company hereby waives any defense of payment based upon any such tender or recovery which is not in the Required Currency, or which, when exchanged for the Required Currency by the Trustee, is less than the full amount of the Required Currency then due and payable.

PAYMENT TO BE IN PROPER CURRENCY. In the case of the Notes of any Security series, or any Tranche thereof, denominated in any currency other than Dollars or in a composite currency (the "Required Currency"), except as otherwise specified with respect to such Security Notes as contemplated by Section 3013.01, the obligation of the Company to make any payment of the principal thereof, or the premium or interest thereon, shall not be discharged or satisfied by any tender by the Company, or recovery by the Trustee, in any currency other than the Required Currency, except to the extent that such tender or recovery shall result in the Trustee timely holding the full amount of the Required Currency then due and payable. If any such tender or recovery is in a currency other than the Required Currency, the Trustee may take such actions as it considers appropriate to exchange such currency for the Required Currency. The costs and risks of any such exchange, including without limitation the risks of delay and exchange rate fluctuation, shall be borne by the Company and Company, the Company shall remain fully liable for any shortfall or delinquency in the full amount of Required Currency then due and payable, and in no circumstances shall the Trustee be liable therefor except in the case of its negligence or willful misconduct. The Company hereby waives any defense of payment based upon any such tender or recovery which is not in the Required Currency, or which, when exchanged for the Required Currency by the Trustee, is less than the full amount of Required Currency then due and payable.

PAYMENT TO BE IN PROPER CURRENCY. In the case of any Security denominated in any particular currency other than Dollars or in a composite currency unit (the "Required Currency"), subject to applicable law and except as otherwise specified with respect provided herein, therein or in or pursuant to such Security as contemplated by Section 301the related Board Resolution, Medium-Term Debt Securities Certificate or supplemental indenture, the obligation of the Company to make any payment of the principal thereofprincipal, or the premium or interest thereon, thereon shall not be discharged or satisfied by any tender by the Company, or recovery by the Trustee, Trustee in any currency or currency unit other than the Required Currency, except to the extent that such tender or recovery shall result in the Trustee Trustee's timely holding the full amount of the Required Currency then due and payable. If any such tender or recovery is made in a currency other than the Required Currency, the Trustee may take such actions as it considers appropriate to exchange such other currency or currency unit for the Required Currency. The costs and risks of any such exchange, including without limitation the risks of delay and exchange rate fluctuation, shall be borne by the Company and Company, the Company shall remain fully be liable for any shortfall or delinquency in the full amount of the Required Currency then due and payable, and in no circumstances shall the Trustee be liable therefor except in the case of its negligence or willful misconducttherefor. The Company hereby waives any defense of payment based upon any such tender or recovery which is not in the Required Currency, or which, when exchanged for the Required Currency by the Trustee, is less than the full amount of the Required Currency then due and payablepayable SECTION 116. Language of Notices, etc. Any request, demand, authorization, direction, notice, consent or waiver required or permitted under thus Indenture shall be in the English language, except that any published notice may be in an official language of the country of publication.

PAYMENT TO BE IN PROPER CURRENCY. The following provisions of this Section 1.13 shall apply to the extent permitted by applicable law: In the case of any Security denominated payable in any particular currency other than Dollars or in a composite currency unit (the "Required Currency"), except as otherwise specified with respect provided herein, therein or in or pursuant to such Security the related Board Resolution or supplemental indenture or as contemplated by Section 3013.01, the obligation of the Company to make any payment of the principal thereofprincipal, or the premium or interest thereon, thereon shall not be discharged or satisfied by any tender by the Company, or recovery by the Trustee, in any currency or currency unit other than the Required Currency, except to the extent that such tender or recovery shall result in the Trustee timely holding the full amount of the Required Currency then due and payable. If any such tender or recovery is made in a currency other than the Required Currency, the Trustee may may, but shall not be obligated to, take such actions as it considers appropriate to exchange such other currency or currency unit for the Required Currency. The costs and risks of any such exchange, including without limitation the risks of delay and exchange rate fluctuation, shall be borne by the Company and Company, the Company shall remain fully liable for any shortfall or delinquency in the full amount of the Required Currency then due and payable, payable and in no circumstances shall the Trustee be liable therefor except in the case of its negligence or willful misconducttherefor. The Company hereby waives any defense of payment based upon any such tender or recovery which is not in the Required Currency, or which, when exchanged for the Required Currency by the Trustee, is less than the full amount of Required Currency then due and payable.. SECTION 1.14

PAYMENT TO BE IN PROPER CURRENCY. In the case of any Security Bond denominated in any currency other than Dollars or in a composite currency (the "“Required Currency"”), except as otherwise specified with respect to such Security Bond as contemplated by Section 3012.01, the obligation of the Company to make any payment of the principal thereof, or the premium or interest thereon, shall not be discharged or satisfied by any tender by the Company, or recovery by the Trustee, in any currency other than the Required Currency, except to the extent that such tender or recovery shall result in the Trustee timely holding the full amount of the Required Currency then due and payable. If any such tender or recovery is in a currency other than the Required Currency, the Trustee may take such actions as it considers appropriate to exchange such currency for the Required Currency. The costs and risks of any such exchange, including without limitation the risks of delay and exchange rate fluctuation, shall be borne by the Company and Company, the Company shall remain fully liable for any shortfall or delinquency in the full amount of Required Currency then due and payable, and in no circumstances shall the Trustee be liable therefor except in the case of its negligence or willful misconduct. The Company hereby waives any defense of payment based upon any such tender or recovery which is not misconduct in the Required Currency, or which, when exchanged for the Required Currency by the Trustee, is less than the full amount discharge of Required Currency then due and payablean express duty hereunder.

PAYMENT TO BE IN PROPER CURRENCY. The following provisions of this Section 114 shall apply to the extent permitted by applicable law: In the case of any Security denominated payable in any particular currency other than Dollars or in a composite currency unit (the "Required Currency"), except as otherwise specified with respect provided herein, therein or in or pursuant to such Security the related Board Resolution or supplemental indenture or as contemplated by Section 301, the obligation of the Company to make any payment of the principal thereofprincipal, or the premium or interest thereon, thereon shall not be discharged or satisfied by any tender by the Company, or recovery by the Trustee, in any currency or currency unit other than the Required Currency, except to the extent that such tender or recovery shall result in the Trustee timely holding the full amount of the Required Currency then due and payable. If any such tender or recovery is made in a currency other than the Required Currency, the Trustee may may, but shall not be obligated to, take such actions as it considers appropriate to exchange such other currency or currency unit for the Required Currency. The costs and risks of any such exchange, including without limitation the risks of delay and exchange rate fluctuation, shall be borne by the Company and Company, the Company shall remain fully liable for any shortfall or delinquency in the full amount of the Required Currency then due and payable, payable and in no circumstances shall the Trustee be liable therefor except in the case of its negligence or willful misconducttherefor. The Company hereby waives any defense of payment based upon any such tender or recovery which is not in the Required Currency, or which, when exchanged for the Required Currency by the Trustee, is less than the full amount of Required Currency then due and payable.

PAYMENT TO BE IN PROPER CURRENCY. In the case of any Security Securities denominated in any currency other than Dollars or in a composite currency (the "Required Currency")) other than United States Dollars, except as otherwise specified with respect to such Security as contemplated by Section 301provided therein, the obligation of the Company to make any payment of the principal thereofprincipal, or the premium or Make-Whole Amount or interest thereon, thereon shall not be discharged or satisfied by any tender by the Company, or recovery by the Trustee, in any currency other than the Required Currency, except to the extent that such tender or recovery shall result in the Trustee timely holding the full amount of the Required Currency then due and payable. If any such tender or recovery is in a currency other than the Required Currency, the Trustee may take such actions as it considers appropriate to exchange such currency for the Required Currency. The costs and risks of any such exchange, including without limitation the risks of delay and exchange rate fluctuation, shall be borne by the Company and Company, the Company shall remain fully liable for any shortfall or delinquency in the full amount of Required Currency then due and payable, and in no circumstances shall the Trustee be liable therefor except in the case of its negligence or willful misconduct. The Company hereby waives any defense of payment based upon any such tender or recovery which is not in the Required Currency, or which, when exchanged for the Required Currency by the Trustee, is less than the full amount of Required Currency then due and payable.

PAYMENT TO BE IN PROPER CURRENCY. In the case of any Security denominated in any currency other than Dollars or in a composite currency (the "Required Currency"), except as otherwise specified with respect to such Security as contemplated by Section 301, the The obligation of the Company to make any payment of the principal thereofof (and premium, or the premium or if any) and interest thereon, on any Security shall not be discharged or satisfied by any tender by the Company, or recovery by the Trustee, in any currency other than the Required Currency, except to the extent that such tender or recovery shall result in the Trustee timely holding the full amount of the Required Currency then due and payable. If any such tender or recovery is in a currency other than the Required Currency, the Trustee may take such actions as it considers appropriate to exchange such currency for the Required Currency. The costs and risks of any such exchange, including without limitation the risks of delay and exchange rate fluctuation, shall be borne by the Company Company, and the Company shall remain fully liable for any shortfall or delinquency in the full amount of Required Currency then due and payable, and in no circumstances shall the Trustee be liable therefor except in the case of its negligence or willful misconducttherefor. The Company hereby waives any defense of payment based upon any such tender or recovery which is not in the Required Currency, or which, when exchanged for the Required Currency by the Trustee, is less than the full amount of Required Currency then due and payable.. Any costs incurred by or on behalf of the Company (other than costs incurred by the Trustee that are passed on to the Company as provided above) in connection with the conversion of Dollars to any Foreign Currency pursuant to an election made by a Holder in accordance with

PAYMENT TO BE IN PROPER CURRENCY. In the case of any Security Securities denominated in any currency other than United States Dollars or in a composite currency (the "Required Currency"), except as otherwise specified with respect to such Security as contemplated by Section 301provided therein, the obligation of the Company to make any payment of the principal thereof, or the premium or interest thereon, shall not be discharged or satisfied by any tender by the Company, or recovery by the Trustee, in any currency other than the Required Currency, except to the extent that such tender or recovery shall result in the Trustee timely holding the full amount of the Required Currency then due and payable. If any such tender or recovery is in a currency other than the Required Currency, the Trustee may take such actions as it considers appropriate to exchange such currency for the Required Currency. The costs and risks of any such exchange, including without limitation the risks of delay and exchange rate fluctuation, shall be borne by the Company and Company, the Company shall remain fully liable for any shortfall or delinquency in the full amount of Required Currency then due and payable, and in no circumstances shall the Trustee be liable therefor except in the case of its negligence or willful misconduct. The Company hereby waives any defense of payment based upon any such tender or recovery which is not in the Required Currency, or which, when exchanged for the Required Currency by the Trustee, is less than the full amount of Required Currency then due and payable.

PAYMENT TO BE IN PROPER CURRENCY. In the case of any Security denominated in any currency other than Dollars or in a composite currency (the "Required Currency"), except as otherwise specified with respect to such Security as contemplated by Section 301, the The obligation of the Company to make any payment of the principal thereofof (and premium, or the premium or if any) and interest thereon, on any Security shall not be discharged or satisfied by any tender by the Company, or recovery by the Trustee, in any currency other than the Required Currency, except to the extent that such tender or recovery shall result in the Trustee timely holding the full amount of the Required Currency then due and payable. If any such tender or recovery is in a currency other than the Required Currency, the Trustee may take such actions as it considers appropriate to exchange such currency for the Required Currency. The costs and risks of any such exchange, including without limitation the risks of delay and exchange rate fluctuation, shall be borne by the Company Company, and the Company shall remain fully liable for any shortfall or delinquency in the full amount of Required Currency then due and payable, and in no circumstances shall the Trustee be liable therefor except in the case of its negligence or willful misconducttherefor. The Company hereby waives any defense of payment based upon any such tender or recovery which is not in the Required Currency, or which, when exchanged for the Required Currency by the Trustee, is less than the full amount of Required Currency then due and payable. Any costs incurred by or on behalf of the Company (other than costs incurred by the Trustee that are passed on to the Company as provided above) in connection with the conversion of Dollars to any Foreign Currency pursuant to an election made by a Holder in accordance with Section 2.11(a) shall be borne by the Holder making such an election through deduction from payments required to be made to such Holder pursuant to the terms of this Indenture.

PAYMENT TO BE IN PROPER CURRENCY. In the case of any Security Securities denominated in any currency other than United States Dollars or in a composite currency (the "Required Currency"), except as otherwise specified with respect to such Security as contemplated by Section 301provided therein, the obligation of the Company to make any payment of the principal thereof, or the premium or interest thereon, shall not be discharged or satisfied by any tender by the Company, or recovery by the Trustee, in any currency other than the Required Currency, except to the extent that such tender or recovery shall result in the Trustee timely holding the full amount of the Required Currency then due and payable. If any such tender or recovery is in a currency other than the Required Currency, the Trustee may take such actions as it considers appropriate to exchange such currency for the Required Currency. The costs and risks of any such exchange, including without limitation the risks of delay and exchange rate fluctuation, shall be borne by the Company and the Company. The Company shall remain fully liable for any shortfall or delinquency in the full amount of Required Currency then due and payable, and in no circumstances shall the Trustee be liable therefor except in the case of its negligence or willful misconduct. The Company hereby waives any defense of payment based upon any such tender or recovery which is not in the Required Currency, or which, when exchanged for the Required Currency by the Trustee, is less than the full amount of Required Currency then due and payable.

PAYMENT TO BE IN PROPER CURRENCY. In the case of any Security denominated in any currency other than Dollars or in a composite currency (the "“Required Currency"”), except as otherwise specified with respect to such Security as contemplated by Section 3013.1, the obligation of the Company to make any payment of the principal thereof, or the premium premium, if any, or interest interest, if any, thereon, shall not be discharged or satisfied by any tender by the Company, or recovery by the Trustee, in any currency other than the Required Currency, except to the extent that such tender or recovery shall result in the Trustee timely holding the full amount of the Required Currency then due and payable. If any such tender or recovery is in a currency other than the Required Currency, the Trustee may take such actions as it considers appropriate to exchange such currency for the Required Currency. The costs and risks of any such exchange, including without limitation the risks of delay and exchange rate fluctuation, shall be borne by the Company and the Company shall remain fully liable for any shortfall or delinquency in the full amount of Required Currency then due and payable, and in no circumstances shall the Trustee be liable therefor except in the case of its negligence or willful misconduct. The Company hereby waives any defense of payment based upon any such tender or recovery which is not in the Required Currency, or which, when exchanged for the Required Currency by the Trustee, is less than the full amount of Required Currency then due and payable.

PAYMENT TO BE IN PROPER CURRENCY. In the case of any Security Securities denominated in any particular currency other than Dollars or in a composite currency unit (the "Required Currency"), except as otherwise specified with respect provided herein, therein or in or pursuant to such Security as contemplated by Section 301the related Board Resolution or supplemental indenture, the obligation of the Company to make any payment of the principal thereofprincipal, or the premium or interest thereon, thereon shall not be discharged or satisfied by any tender by the Company, or recovery by the Trustee, in any currency or currency unit other than the Required Currency, except to the extent that such tender or recovery shall result in the Trustee timely holding the full amount of the Required Currency then due and payable. If any such tender or recovery is made in a currency other than the Required Currency, the Trustee may take such actions as it considers appropriate to exchange such other currency or currency unit for the Required Currency. The costs and risks of any such exchange, including without limitation the risks of delay and exchange rate fluctuation, shall be borne by the Company and Company, the Company shall remain fully liable for any shortfall or delinquency in the full amount of the Required Currency then due and payable, payable and in no circumstances shall the Trustee be liable therefor except in the case of its negligence or willful misconducttherefor. The Company hereby waives any defense of payment based upon any such tender or recovery which is not in the Required Currency, or which, when exchanged for the Required Currency by the Trustee, is less than the full amount of the Required Currency then due and payable.

PAYMENT TO BE IN PROPER CURRENCY. Each reference in any Security, or in the Authorizing Resolution and/or supplemental indenture, if any, relating thereto, to any currency shall be of the essence. In the case of any Security denominated in any currency other than Dollars or in a composite currency (the "Required Currency")) other than United States dollars, except as otherwise specified with respect to such Security as contemplated by Section 301provided therein or in the related Authorizing Resolution and/or supplemental indenture, if any, the obligation of the Company to make any payment of the principal thereof, or the premium of or interest thereon, thereon shall not be discharged or satisfied by any tender by the Company, or recovery by the Trustee, in any currency other than the Required Currency, except to the extent that such tender or recovery shall result in the Trustee timely holding the full amount of the Required Currency then due and payable. If any such tender or recovery is in a currency other than the Required Currency, the Trustee may take such actions as it considers appropriate to exchange such currency for the Required Currency. The costs and risks of any such exchange, including without limitation limitations, the risks of delay and exchange rate fluctuation, shall be borne by the Company and Company; the Company shall remain fully liable for any shortfall or delinquency in the full amount of Required Currency then due and payable, and in no circumstances shall the Trustee be liable therefor except in the case of its negligence or willful misconducttherefor. The Company hereby waives any defense of payment based upon any such tender or recovery which is not in the Required Currency, or which, when exchanged for the Required Currency by the Trustee, is less than the full amount of Required Currency then due and payable.. SIGNATURES

PAYMENT TO BE IN PROPER CURRENCY. In the case of any Security Securities denominated in any currency other than Dollars or in a composite currency (the "Required Currency")) other than United States Dollars, except as otherwise specified with respect to such Security as contemplated by Section 301provided therein, the obligation of the Company to make any payment of the principal thereofprincipal, or the premium or Make-Whole Amount or interest thereon, thereon shall not be discharged or satisfied by any tender by the Company, or recovery by the Trustee, in any currency other than the Required Currency, except to the extent that such tender or recovery shall result in the Trustee timely holding the full amount of the Required Currency then due and payable. If any such tender or recovery is in a currency other than the Required Currency, the Trustee may take such actions as it considers appropriate to exchange such currency for the Required Currency. The costs and risks of any such exchange, including without limitation the risks of delay and exchange rate fluctuation, shall be borne by the Company and Company, the Company shall remain fully liable for any shortfall or delinquency in the full amount of Required Currency then due and payable, and in no circumstances shall the Trustee be liable therefor except in the case of its gross negligence or willful misconduct. The Company hereby waives any defense of payment based upon any such tender or recovery which is not in the Required Currency, or which, when exchanged for the Required Currency by the Trustee, is less than the full amount of Required Currency then due and payable.

PAYMENT TO BE IN PROPER CURRENCY. In the case of any Security denominated in any currency other Other than Dollars as provided herein or in a composite currency (the "Required Currency")Security, except as otherwise specified with respect to such Security as contemplated by Section 301an Officers’ Certificate or a supplemental indenture, the obligation of the Company to make any payment of the principal thereofof (and premium, or the premium or interest thereonif any) and interest, if any, on such Security shall not be discharged or satisfied by any tender by the Company, or recovery collection by the Trustee, in any currency or currency unit other than that in which such Security is denominated (the Required “Specified Currency”), except to the extent that such tender or recovery shall result in the Trustee timely holding holds for such payment the full amount of the Required Specified Currency then when due and payable. If any such tender or recovery collection is made in a currency other than the Required Specified Currency, the Trustee may take such actions as it considers appropriate to exchange such other currency or currency unit for the Required Specified Currency. The costs and risks of any such exchange, including without limitation the risks of delay and exchange rate fluctuation, shall be borne by the Company and Company, the Company company shall remain fully liable for any shortfall or delinquency in the full amount of Required the Specified Currency then due and payable, payable and in no circumstances shall the Trustee be liable therefor except in the case of its negligence or willful misconducttherefor. The Company hereby waives any defense of payment based upon any such tender or recovery collection which is not in the Required Specified Currency, or which, when exchanged for the Required Specified Currency by the Trustee, is less than the full amount of Required the Specified Currency then due and payable.

PAYMENT TO BE IN PROPER CURRENCY. In the case of any Security denominated in any currency other Other than Dollars as -------------------------------- provided herein or in the Security, an Officers' Certificate or a composite currency (the "Required Currency"), except as otherwise specified with respect to such Security as contemplated by Section 301supplemental indenture, the obligation of the Company to make any payment of the principal thereofof (and premium, or the premium or interest thereonif any) and interest, if any, on such Security shall not be discharged or satisfied by any tender by the Company, or recovery collection by the Trustee, in any currency or currency unit other than that in which such Security is denominated (the Required "Specified Currency"), except to the extent that such tender or recovery shall result in the Trustee timely holding holds for such payment the full amount of the Required Specified Currency then when due and payable. If any such tender or recovery collection is made in a currency other than the Required Specified Currency, the Trustee may take such actions as it considers appropriate to exchange such other currency or currency unit for the Required Specified Currency. The costs and risks of any such exchange, including without limitation the risks of delay and exchange rate fluctuation, shall be borne by the Company and Company, the Company shall remain fully liable for any shortfall or delinquency in the full amount of Required the Specified Currency then due and payable, payable and in no circumstances shall the Trustee be liable therefor except in the case of its negligence or willful misconducttherefor. The Company hereby waives any defense of payment based upon any such tender or recovery collection which is not in the Required Specified Currency, or which, when exchanged for the Required Specified Currency by the Trustee, is less than the full amount of Required the Specified Currency then due and payable.

PAYMENT TO BE IN PROPER CURRENCY. In the case of any Security denominated in any currency other Other than Dollars as provided herein or in the Security, an Officers’ Certificate or a composite currency (the "Required Currency"), except as otherwise specified with respect to such Security as contemplated by Section 301supplemental indenture, the obligation of the Company to make any payment of the principal thereofof (and premium, or the premium or interest thereonif any) and interest, if any, on such Security shall not be discharged or satisfied by any tender by the Company, or recovery collection by the Trustee, in any currency or currency unit other than that in which such Security is denominated (the Required “Specified Currency”), except to the extent that such tender or recovery shall result in the Trustee timely holding holds for such payment the full amount of the Required Specified Currency then when due and payable. If any such tender or recovery collection is made in a currency other than the Required Specified Currency, the Trustee may take such actions as it considers appropriate to exchange such other currency or currency unit for the Required Specified Currency. The costs and risks of any such exchange, including without limitation the risks of delay and exchange rate fluctuation, shall be borne by the Company and Company, the Company shall remain fully liable for any shortfall or delinquency in the full amount of Required the Specified Currency then due and payable, payable and in no circumstances shall the Trustee be liable therefor except in the case of its negligence or willful misconducttherefor. The Company hereby waives any defense of payment based upon any such tender or recovery collection which is not in the Required Specified Currency, or which, when exchanged for the Required Specified Currency by the Trustee, is less than the full amount of Required the Specified Currency then due and payable.