Payments in Relevant Currency. The obligation of the Borrower under this Agreement to make payment in Yen or the Relevant Currency, as the case may be, shall not be discharged or satisfied by any amount, tender or recovery (whether pursuant to any judgment or otherwise) expressed, paid or made in or converted into any currency other than Yen or the Relevant Currency, as the case may be, except to the extent to which such amount, tender or recovery so expressed, paid, made or converted shall result (when converted to the currency in which the obligation is denominated in accordance with the relevant LENDER's usual foreign exchange practices) in the effective receipt by the LENDERS of Yen or the Relevant Currency, as the case may be, and the Borrower shall, as a primary obligation enforceable as an alternative or additional cause of action for the purpose of recovery in Yen or the Relevant Currency, as the case may be, indemnify the LENDERS against the amount (if any) by which such effective receipt shall fall short of the full amount of Yen or the Relevant Currency, as the case may be, payable under this Agreement, and such indemnity shall not be affected by any judgment obtained for any other sum due under this Agreement.
Appears in 2 contracts
Sources: Loan Agreement (Brasil Telecom Holding Co), Loan Agreement (Brasil Telecom Sa)