Foreign Currency Obligations. Except as otherwise provided in the Credit Agreement, each Foreign Guarantor will make payment relative to each Foreign Obligation in the currency (the “Original Currency”) in which the applicable Foreign Borrower or Foreign Credit Party is required to pay such Foreign Obligation. If the Foreign Guarantor makes payment relative to any Foreign Obligation 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 will constitute a discharge of the liability of the Foreign Guarantor hereunder in respect of such Foreign Obligation only to the extent of the amount of the Original Currency that the Collateral Agent or the Administrative Agent, as applicable, is able to purchase in accordance with the terms of the Credit Agreement with the amount it receives on the date of receipt. If the amount of the Original Currency that the Collateral Agent or the Administrative Agent, as applicable, is able to purchase is less than the amount of such currency originally due to it in respect to the relevant Foreign Obligation, the Foreign Guarantor will indemnify and save the Collateral Agent, the Administrative Agent and each other Secured Party harmless from and against any loss or damage arising as a result of such deficiency. This indemnity will constitute a Foreign Obligation separate and independent from the other Foreign Obligations contained in this Foreign Guaranty, will give rise to a separate and independent cause of action, will apply irrespective of any indulgence granted by the Collateral Agent or the Administrative Agent or any other Secured Party and 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.
Appears in 4 contracts
Samples: Credit Agreement (Compass Minerals International Inc), Credit Agreement (Compass Minerals International Inc), Credit Agreement (Compass Minerals International Inc)
Foreign Currency Obligations. Except as otherwise provided in the Credit Agreement, each Foreign The Guarantor will make payment relative to each Foreign Obligation in the currency (the “"Original Currency”") in which the applicable Foreign Borrower or Foreign Credit Other Loan Party is required to pay such Foreign Obligation. If the Foreign Guarantor makes payment relative to any Foreign Obligation to the Administrative Agent or a 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 will constitute a discharge of the liability of the Foreign Guarantor hereunder in respect of such Foreign Obligation only to the extent of the amount of the Original Currency that which the Collateral Administrative Agent or the Administrative Agent, as applicable, such Lender is able to purchase in accordance with the terms of the Credit Agreement at Calgary, Alberta with the amount it receives on the date of receipt. If the amount of the Original Currency that which the Collateral Administrative Agent or the Administrative Agent, as applicable, such Lender is able to purchase is less than the amount of such currency originally due to it in respect to of the relevant Foreign Obligation, the Foreign Guarantor will indemnify and save the Collateral Agent, the Administrative Agent and each other Secured Party the Lenders harmless from and against any loss or damage arising as a result of such deficiency. This indemnity will constitute a Foreign Obligation an obligation separate and independent from the other Foreign Obligations obligations contained in this Foreign GuarantyGuarantee, will give rise to a separate and independent cause of action, will apply irrespective of any indulgence granted by the Collateral Agent or the Administrative Agent or any other Secured Party Lender and 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.
Appears in 3 contracts
Samples: Term Credit Agreement (ENERPLUS Corp), Credit Agreement (ENERPLUS Corp), Credit Agreement (ENERPLUS Corp)
Foreign Currency Obligations. Except as otherwise provided in the Credit Agreement, each Foreign The Guarantor will shall make payment relative to each Foreign Obligation any Guaranteed Liabilities in the currency (the “Original Currency”) in which the applicable Foreign Borrower or Foreign Credit Party Debtor is required to pay such Foreign ObligationGuaranteed Liabilities. If the Foreign Guarantor makes payment relative to any Foreign Obligation Guaranteed Liabilities 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 will shall constitute a discharge of the liability Secured Liabilities of the Foreign Guarantor hereunder in respect of such Foreign Obligation only to the extent of the amount of the Original Currency that which the Collateral Agent or the Administrative Agent, as applicable, is able to purchase in accordance with the terms of the Credit Agreement with the amount it receives on the date of receipt. If the amount of the Original Currency that which the Collateral Agent or the Administrative Agent, as applicable, is able to purchase is less than the amount of such currency originally due to it in respect to the relevant Foreign ObligationGuaranteed Liabilities, the Foreign Guarantor will shall indemnify and save the Collateral Agent, the Administrative Agent and each the other Secured Party Parties harmless from and against any loss or damage arising as a result of such deficiency. This indemnity will constitute a Foreign Obligation constitutes an obligation separate and independent from the other Foreign Obligations obligations contained in this Foreign GuarantyAgreement, will give gives rise to a separate and independent cause of action, will apply applies irrespective of any indulgence granted by the Collateral Agent or the Administrative Agent or any other Secured Party and will continue continues in full force and effect notwithstanding any judgment or order in respect of any amount due hereunder or under any judgment or order.
Appears in 1 contract
Samples: Guarantee (Realpage Inc)
Foreign Currency Obligations. Except as otherwise provided in the Credit Agreement, each Foreign Guarantor will make payment relative to each Foreign Obligation in the currency (the “Original Currency”"ORIGINAL CURRENCY") in which the applicable Foreign Borrower or Foreign Credit Party is required to pay such Foreign Obligation. If the Foreign Guarantor makes payment relative to any Foreign Obligation in a currency (the “Other Currency”"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 will constitute a discharge of the liability of the Foreign Guarantor hereunder in respect of such Foreign Obligation only to the extent of the amount of the Original Currency that the Collateral Applicable Agent or the Administrative Collateral Agent, as applicable, is able to purchase in accordance with the terms of the Credit Agreement with the amount it receives on the date of receipt. If the amount of the Original Currency that the Collateral Applicable Agent or the Administrative Collateral Agent, as applicable, is able to purchase is less than the amount of such currency originally due to it in respect to the relevant Foreign Obligation, the Foreign Guarantor will indemnify and save the Collateral Agent, the Administrative each Agent and each other Secured Party harmless from and against any loss or damage arising as a result of such deficiency. This indemnity will constitute a Foreign Obligation separate and independent from the other Foreign Obligations contained in this Foreign Guaranty, will give rise to a separate and independent cause of action, will apply irrespective of any indulgence granted by the Collateral Agent or the Administrative any Agent or any other Secured Party and will 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.
Appears in 1 contract
Foreign Currency Obligations. Except as otherwise provided ---------------------------- in the Credit Agreement, each Foreign Guarantor will make payment relative to each Foreign Obligation in the currency (the “"Original Currency”") in which the ----------------- applicable Foreign Borrower or Foreign Credit Party is required to pay such Foreign Obligation. If the Foreign Guarantor makes payment relative to any Foreign Obligation 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 will constitute a discharge of the liability of the Foreign Guarantor hereunder in respect of such Foreign Obligation only to the extent of the amount of the Original Currency that the Collateral Applicable Agent or the Administrative Collateral Agent, as applicable, is able to purchase in accordance with the terms of the Credit Agreement with the amount it receives on the date of receipt. If the amount of the Original Currency that the Collateral Applicable Agent or the Administrative Collateral Agent, as applicable, is able to purchase is less than the amount of such currency originally due to it in respect to the relevant Foreign Obligation, the Foreign Guarantor will indemnify and save the Collateral Agent, the Administrative each Agent and each other Secured Party harmless from and against any loss or damage arising as a result of such deficiency. This indemnity will constitute a Foreign Obligation separate and independent from the other Foreign Obligations contained in this Foreign Guaranty, will give rise to a separate and independent cause of action, will apply irrespective of any indulgence granted by the Collateral Agent or the Administrative any Agent or any other Secured Party and will 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.
Appears in 1 contract
Samples: Foreign Guaranty (GSL Corp)