Common use of Foreign Currency Obligations Clause in Contracts

Foreign Currency Obligations. The Guarantor shall make payment relative to each Obligation in the currency (the “original currency”) in which the Borrower or any Subsidiary, as applicable, is required to pay such Obligation. If the Guarantor makes payment relative to any Obligation to the Beneficiaries in a currency (the “other currency”) other than the original currency (whether voluntarily or pursuant to an order or judgment of a court or tribunal of any jurisdiction), such payment shall constitute a discharge of the liability of the Guarantor hereunder in respect of such Obligation only to the extent of the amount of the original currency which the Beneficiaries are able to purchase with the amount of other currency they receive on the date of receipt in accordance with normal practice. If the amount of the original currency which the Beneficiaries are able to purchase is less than the amount of such currency originally due in respect of the relevant Obligation, the Guarantor shall indemnify and save the Beneficiaries harmless from and against any loss or damage arising as a result of such deficiency. This indemnity shall constitute an obligation separate and independent from the other obligations contained in this Guarantee, shall give rise to a separate and independent cause of action, shall apply irrespective of any indulgence granted by the Beneficiaries and shall continue in full force and effect notwithstanding any judgment or order in respect of any amount due hereunder or under any judgment or order. A certificate of a Beneficiary as to any such loss or damage shall constitute prima facie evidence thereof, in the absence of manifest error.

Foreign Currency Obligations. The Guarantor shall make payment relative to each Obligation in the currency (the “original currency”) in which the any Borrower or any Subsidiary, as applicable, is required to pay such Obligation. If the Guarantor makes payment relative to any Obligation to the Beneficiaries in a currency (the “other currency”) other than the original currency (whether voluntarily or pursuant to an order or judgment of a court or tribunal of any jurisdiction), such payment shall constitute a discharge of the liability of the Guarantor hereunder in respect of such Obligation only to the extent of the amount of the original currency which the Beneficiaries are able to purchase with the amount of other currency they receive on the date of receipt in accordance with normal practice. If the amount of the original currency which the Beneficiaries are able to purchase is less than the amount of such currency originally due in respect of the relevant Obligation, the Guarantor shall indemnify and save the Beneficiaries harmless from and against any loss or damage arising as a result of such deficiency. This indemnity shall constitute an obligation separate and independent from the other obligations contained in this Guarantee, shall give rise to a separate and independent cause of action, shall apply irrespective of any indulgence granted by the Beneficiaries and shall continue in full force and effect notwithstanding any judgment or order in respect of any amount due hereunder or under any judgment or order. A certificate of a Beneficiary as to any such loss or damage shall constitute prima facie evidence thereof, in the absence of manifest error.

Foreign Currency Obligations. The Guarantor shall make payment relative to each Obligation in the currency (the “"original currency”") in which the either Borrower or any Subsidiary, as applicable, is required to pay such Obligation. If the Guarantor makes payment relative to any Obligation to the Beneficiaries in a currency (the “"other currency”") other than the original currency (whether voluntarily or pursuant to an order or judgment of a court or tribunal of any jurisdiction), such payment shall constitute a discharge of the liability of the Guarantor hereunder in respect of such Obligation only to the extent of the amount of the original currency which the Beneficiaries are able to purchase with the amount of other currency they receive on the date of receipt in accordance with normal practice. If the amount of the original currency which the Beneficiaries are able to purchase is less than the amount of such currency originally due in respect of the relevant Obligation, the Guarantor shall indemnify and save the Beneficiaries harmless from and against any loss or damage arising as a result of such deficiency. This indemnity shall constitute an obligation separate and independent from the other obligations contained in this Guarantee, shall give rise to a separate and independent cause of action, shall apply irrespective of any indulgence granted by the Beneficiaries and shall continue in full force and effect notwithstanding any judgment or order in respect of any amount due hereunder or under any judgment or order. A certificate of a Beneficiary as to any such loss or damage shall constitute prima facie evidence thereof, in the absence of manifest error.

Foreign Currency Obligations. The Guarantor shall make payment relative to each Obligation in the currency (the “original currency”) in which the Borrower or any Subsidiary, as applicable, is required to pay such Obligation. If the Guarantor makes payment relative to any Obligation to the Beneficiaries Lender in a currency (the “other currency”) other than the original currency (whether voluntarily or pursuant to an order or judgment of a court or tribunal of any jurisdiction), such payment shall constitute a discharge of the liability of the Guarantor hereunder in respect of such Obligation only to the extent of the amount of the original currency which the Beneficiaries are Lender is able to purchase with the amount of other currency they receive on the date of receipt in accordance with normal practice. If the amount of the original currency which the Beneficiaries Lender are able to purchase is less than the amount of such currency originally due in respect of the relevant Obligation, the Guarantor shall indemnify and save the Beneficiaries Lender harmless from and against any loss or damage arising as a result of such deficiency. This indemnity shall constitute an obligation separate and independent from the other obligations contained in this Guarantee, shall give rise to a separate and independent cause of action, shall apply irrespective of any indulgence granted by the Beneficiaries Lender and shall continue in full force and effect notwithstanding any judgment or order in respect of any amount due hereunder or under any judgment or order. A certificate of a Beneficiary the Lender as to any such loss or damage shall constitute prima facie evidence thereof, in the absence of manifest error.

Foreign Currency Obligations. The Guarantor shall make payment relative to each Obligation in the currency (the “original currency”) in which the Borrower or any Subsidiary, as applicable, an Issuer is required to pay such Obligation. If the Guarantor makes payment relative to any Obligation to the Beneficiaries in a currency (the “other currency”) other than the original currency (whether voluntarily or pursuant to an order or judgment of a court or tribunal of any jurisdiction), such payment shall constitute a discharge of the liability of the Guarantor hereunder in respect of such Obligation only to the extent of the amount of the original currency which the Beneficiaries are able to purchase with the amount of other currency they receive on the date of receipt in accordance with normal practice. If the amount of the original currency which the Beneficiaries are able to purchase is less than the amount of such the original currency originally due in respect of the relevant Obligation, the Guarantor shall indemnify and save the Beneficiaries harmless from and against any loss or damage arising as a result of such deficiency. This indemnity shall constitute an obligation separate and independent from the other obligations contained in this Guarantee, shall give rise to a separate and independent cause of action, shall apply irrespective of any indulgence granted by the Beneficiaries or any one or more of them and shall continue in full force and effect notwithstanding any judgment or order in respect of any amount due hereunder or under any judgment or order. A certificate of a any applicable Beneficiary as to any such loss or damage shall constitute prima facie evidence thereof, in the absence of manifest error.

Foreign Currency Obligations. The Guarantor shall make payment relative to each Obligation in the currency (the “original currency”) in which the Canadian Borrower or any Subsidiary, as applicable, is required to pay such Obligation. If the Guarantor makes payment relative to any Obligation to the Beneficiaries in a currency (the “other currency”) other than the original currency (whether voluntarily or pursuant to an order or judgment of a court or tribunal of any jurisdiction), such payment shall constitute a discharge of the liability of the Guarantor hereunder in respect of such Obligation only to the extent of the amount of the original currency which the Beneficiaries are able to purchase with the amount of other currency they receive on the date of receipt in accordance with normal practice. If the amount of the original currency which the Beneficiaries are able to purchase is less than the amount of such currency originally due in respect of the relevant Obligation, the Guarantor shall indemnify and save the Beneficiaries harmless from and against any loss or damage arising as a result of such deficiency. This indemnity shall constitute an obligation separate and independent from the other obligations contained in this Guarantee, shall give rise to a separate and independent cause of action, shall apply irrespective of any indulgence granted by the Beneficiaries and shall continue in full force and effect notwithstanding any judgment or order in respect of any amount due hereunder or under any judgment or order. A certificate of a Beneficiary as to any such loss or damage shall constitute prima facie evidence thereof, in the absence of manifest error.

Foreign Currency Obligations. The Guarantor shall make payment relative to each Obligation in the currency (the “"original currency”") in which the Borrower or any Subsidiary, as applicable, Subsidiary is required to pay such Obligation. If the Guarantor makes payment relative to any Obligation to the Beneficiaries in a currency (the “"other currency”") other than the original currency (whether voluntarily or pursuant to an order or judgment of a court or tribunal of any jurisdiction), such payment shall constitute a discharge of the liability of the Guarantor hereunder in respect of such Obligation only to the extent of the amount of the original currency which the Beneficiaries are able to purchase with the amount of other currency they receive on the date of receipt in accordance with normal practice. If the amount of the original currency which the Beneficiaries are able to purchase is less than the amount of such currency originally due in respect of the relevant Obligation, the Guarantor shall indemnify and save the Beneficiaries harmless from and against any loss or damage arising as a result of such deficiency. This indemnity shall constitute an obligation separate and independent from the other obligations contained in this Guarantee, shall give rise to a separate and independent cause of action, shall apply irrespective of any indulgence granted by the Beneficiaries and shall continue in full force and effect notwithstanding any judgment or order in respect of any amount due hereunder or under any judgment or order. A certificate of a Beneficiary as to any such loss or damage shall constitute prima facie evidence thereof, in the absence of manifest error.

Foreign Currency Obligations. The Each Guarantor shall will make payment relative to each Obligation in the currency (the “original currencyOriginal Currency”) in which the Borrower or any Subsidiary, as applicable, Other Credit Party is required to pay such Obligation. If the any Guarantor makes payment relative to any Obligation to the Beneficiaries Agent or any other Beneficiary in a currency (the “other currencyOther Currency”) other than the original currency Original Currency (whether voluntarily or pursuant to an order or judgment of a court or tribunal of any jurisdiction), such payment shall will constitute a discharge of the liability of the such Guarantor hereunder in respect of such Obligation only to the extent of the amount of the original currency Original Currency which the Beneficiaries are Agent or such Beneficiary is able to purchase at Calgary, Alberta with the amount of other currency they receive it receives on the date of receipt in accordance with normal practicereceipt. If the amount of the original currency Original Currency which the Beneficiaries are Agent or such other Beneficiary is able to purchase is less than the amount of such currency originally due to it in respect of the relevant Obligation, the Guarantor shall Guarantors will indemnify and save the Agent and the other Beneficiaries harmless from and against any loss or damage arising as a result of such deficiency. This indemnity shall will constitute an obligation separate and independent from the other obligations contained in this Guarantee, shall will give rise to a separate and independent cause of action, shall will apply irrespective of any indulgence granted by the Beneficiaries Agent or any other Beneficiary and shall will continue in full force and effect notwithstanding any judgment or order in respect of any amount due hereunder or under any judgment or order. A certificate of a Beneficiary as to any such loss or damage shall constitute prima facie evidence thereof, in the absence of manifest error.

Foreign Currency Obligations. The Guarantor shall make payment relative to each Obligation in the currency (the “original currency”) in which the either Borrower or any Subsidiary, as applicable, is required to pay such Obligation. If the Guarantor makes payment relative to any Obligation to the Beneficiaries in a currency (the “other currency”) other than the original currency (whether voluntarily or pursuant to an order or judgment of a court or tribunal of any jurisdiction), such payment shall constitute a discharge of the liability of the Guarantor hereunder in respect of such Obligation only to the extent of the amount of the original currency which the Beneficiaries are able to purchase with the amount of other currency they receive on the date of receipt in accordance with normal practice. If the amount of the original currency which the Beneficiaries are able to purchase is less than the amount of such currency originally due in respect of the relevant Obligation, the Guarantor shall indemnify and save the Beneficiaries harmless from and against any loss or damage arising as a result of such deficiency. This indemnity shall constitute an obligation separate and independent from the other obligations contained in this Guarantee, shall give rise to a separate and independent cause of action, shall apply irrespective of any indulgence granted by the Beneficiaries and shall continue in full force and effect notwithstanding any judgment or order in respect of any amount due hereunder or under any judgment or order. A certificate of a Beneficiary as to any such loss or damage shall constitute prima facie evidence thereof, in the absence of manifest error.

Foreign Currency Obligations. The Guarantor shall make payment relative to each Obligation amount owed under this Agreement in the currency (the “original currency”"Original Currency") in which the Borrower or any Subsidiary, as applicable, is required to pay such Obligationamount. If the Guarantor makes payment relative to any Obligation to the Beneficiaries amount owed under this Agreement in a currency (the “other currency”"Other Currency") other than the original currency Original Currency (whether voluntarily or pursuant to an order or judgment of a court or tribunal of any jurisdiction), such payment shall constitute a discharge of the liability of the Guarantor hereunder in respect of such Obligation only to the extent of the amount of Equivalent Amount in the original currency which the Beneficiaries are able to purchase with the amount of other currency they receive on the date of receipt in accordance with normal practiceOriginal Currency. If the amount Equivalent Amount of the original currency which Original Currency paid by the Beneficiaries are able to purchase Guarantor is less than the amount of such currency originally the Original Currency due to it in respect of to the relevant Obligationamount, the Guarantor shall indemnify and save the Beneficiaries Banks harmless from and against any loss or damage arising as a result of such deficiency. This indemnity shall constitute an obligation separate and independent from the other obligations contained in this GuaranteeAgreement, shall give rise to a separate and independent cause of action, shall apply irrespective of any indulgence granted by the Beneficiaries Banks and shall continue in full force and effect notwithstanding any judgment or order in respect of any amount due hereunder or under any judgment or order. A certificate of a Beneficiary as to any such loss or damage shall constitute prima facie evidence thereof, in the absence of manifest error.

Foreign Currency Obligations. The Guarantor shall will make payment relative to each Obligation in the currency (the “original currency”) in which the Borrower or any Subsidiary, as applicable, Obligor is required to pay such Obligation, in each case, in accordance with the provisions of the Credit Agreement. If the Guarantor makes payment relative to any Obligation to the Beneficiaries Lender in a currency (the “other currency”) other than the original currency (whether voluntarily or pursuant to an order or judgment of a court or tribunal of any jurisdiction), such payment shall will constitute a discharge of the liability of the Guarantor hereunder in respect of such Obligation only to the extent of the amount of the original currency which that the Beneficiaries are Lender is able to purchase with the amount of the other currency they receive it receives on the date of receipt receipt, as determined by the Lender in accordance with its normal practice. If the amount of the original currency which that the Beneficiaries are Lender is able to purchase is less than the amount of such currency originally due in respect of the relevant Obligation, the Guarantor shall will indemnify and save the Beneficiaries Lender harmless from and against any loss or damage arising as a result of such deficiency. This indemnity shall will constitute an obligation separate and independent from the other obligations contained in this Guarantee, shall will give rise to a separate and independent cause of action, shall will apply irrespective of any indulgence granted by the Beneficiaries Lender and shall will continue in full force and effect notwithstanding any judgment or order in respect of any amount due hereunder or under any judgment or order. A certificate of a Beneficiary the Lender as to any such loss or damage shall will constitute prima facie evidence thereof, in the absence of manifest error.

Foreign Currency Obligations. The Guarantor shall make payment relative to each Obligation in the currency (the “original currency”) in which the Borrower or any Subsidiary, as applicable, is required to pay such Obligation. If the Guarantor makes payment relative to any Obligation to the Beneficiaries in a currency (the “other currency”) other than the original currency (whether voluntarily or pursuant to an order or judgment of a court or tribunal of any jurisdiction), such payment shall constitute a discharge of the liability of the Guarantor hereunder in respect of such Obligation only to the extent of the amount of the original currency which the Beneficiaries are able to purchase with the amount of other currency they receive on the date of receipt in accordance with normal practice. If the amount of the original currency which the Beneficiaries are able to purchase is less than the amount of such currency originally due in respect of the relevant Obligation, the Guarantor shall indemnify and save the Beneficiaries harmless from and against any loss or damage arising as a result of such deficiency. This indemnity shall constitute an obligation separate and independent from the other obligations contained in this Guarantee, shall give rise to a separate and independent cause of action, shall apply irrespective of any indulgence granted by the Beneficiaries and shall continue in full force and effect notwithstanding any judgment or order in respect of any amount due hereunder or under any judgment or order. A certificate of a Beneficiary as to any such loss or damage shall constitute prima facie evidence thereof, in the absence of manifest error.

Foreign Currency Obligations. The Guarantor Borrower shall make payment relative to each Obligation of all amounts owing hereunder in the currency (the “original currency”"Original Currency") in which the Borrower or any Subsidiary, as applicable, is required to pay such Obligationobligation. If the Guarantor Borrower makes payment relative to any Obligation obligation to the Beneficiaries Bank in a currency (the “other currency”"Other Currency") other than the original currency Original Currency (whether voluntarily or pursuant to an order or judgment of a court or tribunal of any jurisdiction), ) such payment shall constitute a discharge of the Borrower's liability of the Guarantor hereunder in respect of such Obligation obligation only to the extent of the amount of the original currency Original Currency which the Beneficiaries are Bank is able to purchase at its main branch in the jurisdiction where the loans to the Borrower are recorded, with the amount of other currency they receive it receives on the date of receipt in accordance with its normal practice. If the amount of the original currency Original Currency which the Beneficiaries are Bank is able to purchase is less than the amount of such currency originally due to the Bank in respect of to the relevant Obligationobligation, the Guarantor Borrower shall indemnify and save the Beneficiaries Bank harmless from and against any loss or damage arising as a result of such deficiency. This indemnity shall constitute an obligation separate and independent from the other obligations contained in this Guaranteeagreement, shall give rise to a separate and independent cause of action, shall apply irrespective of any indulgence granted by the Beneficiaries Bank and shall continue in full force and effect notwithstanding any judgment or order in respect of any amount due hereunder or under any judgment or order. A certificate of a Beneficiary as to any such loss or damage shall constitute prima facie evidence thereof, in the absence of manifest error.

Foreign Currency Obligations. The Guarantor shall make payment relative to each Borrower Obligation in the currency (the “original currency”) in which the Borrower or any Subsidiary, as applicable, is required to pay such Borrower Obligation. If the Guarantor makes payment relative to any Borrower Obligation to the Beneficiaries Guaranteed Creditors in a currency (the “other currency”) other than the original currency (whether voluntarily or pursuant to an order or judgment of a court or tribunal of any jurisdiction), such payment shall constitute a discharge of the liability of the Guarantor hereunder in respect of such Borrower Obligation only to the extent of the amount of the original currency which the Beneficiaries Guaranteed Creditors are able to purchase with the amount of other currency they receive on the date of receipt in accordance with normal practice. If the amount of the original currency which the Beneficiaries Guaranteed Creditors are able to purchase is less than the amount of such currency originally due in respect of the relevant Borrower Obligation, the Guarantor shall indemnify and save the Beneficiaries Guaranteed Creditors harmless from and against any loss or damage arising as a result of such deficiency. This indemnity shall constitute an obligation separate and independent from the other obligations contained in this GuaranteeArticle X, shall give rise to a separate and independent cause of action, shall apply irrespective of any indulgence granted by the Beneficiaries Guaranteed Creditors and shall continue in full force and effect notwithstanding any judgment or order in respect of any amount due hereunder or under any judgment or order. A certificate of a Beneficiary Guaranteed Creditor as to any such loss or damage shall constitute prima facie evidence thereof, in the absence of manifest error.

Foreign Currency Obligations. The Guarantor shall will make payment relative to each Obligation in the currency (the “original currency”"Original Currency") in which the Borrower or any Subsidiary, as applicable, is required to pay such Obligation. If the Guarantor makes payment relative to any Obligation to the Beneficiaries Lender in a currency (the “other currency”"Other Currency") other than the original currency Original Currency (whether voluntarily or pursuant to an order or judgment of a court or tribunal of any jurisdiction), such payment shall will constitute a discharge of the liability of the Guarantor hereunder in respect of such Obligation only to the extent of the amount of the original currency Original Currency which the Beneficiaries are Lender is able to purchase at Vancouver, British Columbia with the amount of other currency they receive it receives on the date of receipt in accordance with normal practicereceipt. If the amount of the original currency Original Currency which the Beneficiaries are Lender is able to purchase is less than the amount of such currency originally due to it in respect of to the relevant Obligation, the Guarantor shall will indemnify and save the Beneficiaries Lender harmless from and against any loss or damage arising as a result of such deficiency. This indemnity shall will constitute an obligation separate and independent from the other obligations contained in this Guarantee, shall will give rise to a separate and independent cause of action, shall will apply irrespective of any indulgence granted by the Beneficiaries Lender and shall will continue in full force and effect notwithstanding any judgment or order in respect of any amount due hereunder or under any judgment or order. A certificate of a Beneficiary as to any such loss or damage shall constitute prima facie evidence thereof, in the absence of manifest error.

Foreign Currency Obligations. The Guarantor Guarantors shall make payment relative to each Obligation in the currency (the “original currency”"Original Currency") in which the Borrower or any Subsidiary, as applicable, TransTechnology is required to pay such Obligation. If the any Guarantor makes payment relative to any Obligation to the Beneficiaries Lenders of the Administrative Agent in a currency (the “other currency”"Other Currency") other than the original currency Original Currency (whether voluntarily voluntary or pursuant to an order or judgment judgement of a court or of tribunal of any jurisdiction), such payment shall constitute a discharge of the liability of the such Guarantor hereunder in respect of such Obligation only to the extent of the amount of the original currency Original Currency which the Beneficiaries are Administrative Agent is able to purchase at Boston, Massachusetts with the amount of other currency they receive it receives on the date of receipt in accordance with its normal practice. If the amount of the original currency Original Currency which the Beneficiaries are Administrative Agent is able to purchase is less than the amount of such currency originally due in respect of the relevant Obligation, the such Guarantor shall indemnify and save the Beneficiaries Administrative Agent harmless from and against any loss or damage arising as a result of such deficiency. This indemnity shall constitute an obligation separate and independent from the other obligations contained in this Guarantee, shall give rise to a separate and independent cause of action, shall apply irrespective of any indulgence granted by any Lender or the Beneficiaries Administrative Agent and shall continue in full force and effect notwithstanding any judgment or order in respect of any amount due hereunder or under any judgment judgement or order. A certificate of a Beneficiary as to any such loss or damage shall constitute prima facie evidence thereof, in the absence of manifest error.

Foreign Currency Obligations. The Guarantor shall make payment relative to each Obligation in the currency (the “original currency”) in which the Borrower or any Subsidiary, as applicable, Subsidiary is required to pay such Obligation. If the Guarantor makes payment relative to any Obligation to the Beneficiaries in a currency (the “other currency”) other than the original currency (whether voluntarily or pursuant to an order or judgment of a court or tribunal of any jurisdiction), such payment shall constitute a discharge of the liability of the Guarantor hereunder in respect of such Obligation only to the extent of the amount of the original currency which the Beneficiaries are able to purchase with the amount of other currency they receive on the date of receipt in accordance with normal practice. If the amount of the original currency which the Beneficiaries are able to purchase is less than the amount of such currency originally due in respect of the relevant Obligation, the Guarantor shall indemnify and save the Beneficiaries harmless from and against any loss or damage arising as a result of such deficiency. This indemnity shall constitute an obligation separate and independent from the other obligations contained in this Guarantee, shall give rise to a separate and independent cause of action, shall apply irrespective of any indulgence granted by the Beneficiaries and shall continue in full force and effect notwithstanding any judgment or order in respect of any amount due hereunder or under any judgment or order. A certificate of a Beneficiary as to any such loss or damage shall constitute prima facie evidence thereof, in the absence of manifest error.

Foreign Currency Obligations. The Guarantor shall make payment relative to each Obligation in the currency (the “"original currency”") in which the Borrower or any Subsidiary, as applicable, is required to pay such Obligation. If the Guarantor makes payment relative to any Obligation to the Beneficiaries in a currency (the “"other currency”") other than the original currency (whether voluntarily or pursuant to an order or judgment of a court or tribunal of any jurisdiction), such payment shall constitute a discharge of the liability of the Guarantor hereunder in respect of such Obligation only to the extent of the amount of the original currency which the Beneficiaries are able to purchase with the amount of other currency they receive on the date of receipt in accordance with normal practice. If the amount of the original currency which the Beneficiaries are able to purchase is less than the amount of such currency originally due in respect of the relevant Obligation, the Guarantor shall indemnify and save the Beneficiaries harmless from and against any loss or damage arising as a result of such deficiency. This indemnity shall constitute an obligation separate and independent from the other obligations contained in this Guarantee, shall give rise to a separate and independent cause of action, shall apply irrespective of any indulgence granted by the Beneficiaries and shall continue in full force and effect notwithstanding any judgment or order in respect of any amount due hereunder or under any judgment or order. A certificate of a Beneficiary as to any such loss or damage shall constitute prima facie evidence thereof, in the absence of manifest error.