Foreign Currency Obligations. Guarantor shall make any payments under this Guaranty in the legal currency in which Debtor is required to pay its Guaranteed Obligations (the “Original Currency”). If Guarantor makes payment in a currency other than Original Currency (whether voluntarily or under an order or judgment of a court or tribunal of any jurisdiction), the payment constitutes a discharge of Guarantor's liability only to the extent of the amount of Original Currency that Creditor is able to purchase with the amount of the currency it receives on the date of receipt utilizing Creditor’s customary foreign exchange practices as in effect on such date. Guarantor agrees to indemnify and hold harmless Creditor from and against any loss arising out of any currency-related deficiency in payment. This indemnity constitutes a separate and independent obligation giving rise to a separate cause of action. A certificate of an officer of Creditor certifying any deficiency or loss is, in the absence of manifest error, prima facie evidence of that deficiency or loss.
Appears in 1 contract
Sources: Guaranty
Foreign Currency Obligations. Guarantor shall make any payments under this Guaranty in the legal currency in which Debtor is required to pay its Guaranteed Obligations (the “Original Currency”). If Guarantor makes payment in a currency other than Original Currency (whether voluntarily or under an order or judgment of a court or tribunal of any jurisdiction), the payment constitutes a discharge of Guarantor's liability only to the extent of the amount of Original Currency that Creditor is able to purchase with the amount of the currency it receives on the date of receipt utilizing Creditor’s customary foreign exchange practices as in effect on such date. Guarantor ▇▇▇▇▇▇▇▇▇ agrees to indemnify and hold harmless Creditor from and against any loss arising out of any currency-related deficiency in payment. This indemnity constitutes a separate and independent obligation giving rise to a separate cause of action. A certificate of an officer of Creditor certifying any deficiency or loss is, in the absence of manifest error, prima facie evidence of that deficiency or loss.
Appears in 1 contract
Sources: Guaranty