SCUSA definition
Examples of SCUSA in a sentence
If this Agreement shall be terminated by SCUSA because of any failure or refusal on the part of the Bank to comply with the terms or to fulfill any of the conditions of this Agreement, or if for any reason the Bank shall be unable to perform its obligations under this Agreement, the Bank will reimburse SCUSA for all out-of-pocket expenses (including the fees and disbursements of its counsel) reasonably incurred by SCUSA in connection with this Agreement or the offering contemplated hereunder.
If the United States dollars so purchased are less than the sum originally due to SCUSA or controlling person hereunder, the Bank agrees as a separate obligation and notwithstanding any such judgment, to indemnify SCUSA or controlling person against such loss.
SCUSA, as agent, in soliciting offers to purchase Securities from the Bank and in performing the other obligations of SCUSA, as agent hereunder (other than in respect of any purchase by an SCUSA as principal, pursuant to a Terms Agreement or otherwise), is acting solely as agent for the Bank and not as principal.
The Bank reserves the right, in its sole discretion, at any time when the Bank has instructed SCUSA, as agent, to solicit offers to purchase the Securities, to instruct SCUSA to suspend, for any period of time or permanently, the solicitation of offers to purchase the Securities.
If the United States dollars so purchased are greater than the sum originally due to SCUSA or controlling person hereunder, SCUSA or controlling person agrees to pay to the Bank an amount equal to the excess of the dollars so purchased over the sum originally due to SCUSA or controlling person hereunder.
During such period, the Bank shall not be required to comply with the provisions of Sections 5(g), 5(h), 5(i), 5(j) and 5(k) with regard to SCUSA.
No purchaser of any of the Securities through or from SCUSA hereunder shall be deemed a successor or assign by reason merely of such purchase.
If the Bank shall default on its obligation to deliver Securities to a purchaser whose offer it has accepted, the Bank shall (i) hold SCUSA, as agent, harmless against any loss, claim or damage arising from or as a result of such default by the Bank and (ii) notwithstanding such default, pay to SCUSA, as agent, any commission to which it would be entitled in connection with such sale.
This Agreement and any applicable Terms Agreement shall be binding upon, and inure solely to the benefit of, SCUSA and the Bank, and to the extent provided in Sections 8 and 9 hereof, the officers and directors of the Bank and each person who controls SCUSA or the Bank, and their respective heirs, executors, administrators, successors and assigns, and no other person shall acquire or have any right under or by virtue of this Agreement or any Terms Agreement.
The obligation of the Bank with respect to any sum due from it to SCUSA or any person controlling SCUSA shall, notwithstanding any judgment in a currency other than United States dollars, not be discharged until the first business day following receipt by SCUSA or controlling person of any sum in such other currency, and only to the extent that SCUSA or controlling person may in accordance with normal banking procedures purchase United States dollars with such other currency.