Foreign Currency Obligations. The Guarantor will make payment relative to each Harvest Lender Obligation in the currency (the "Original Currency") in which the applicable Other Harvest Party is required to pay such Harvest Lender Obligation. If the Guarantor makes payment relative to any Guaranteed Obligation to the Agent on behalf of the applicable Harvest Lenders 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 Guarantor hereunder in respect of such Harvest Lender Obligation only to the extent of the amount of the Original Currency which the Agent or the applicable Harvest Lenders are able to purchase at Toronto, Ontario with the amount it received on the date of receipt. If the amount of the Original Currency which the Agent or the applicable Harvest Lenders are able to purchase is less than the amount of such currency originally due to it in respect to the relevant Harvest Lender Obligation, the Guarantor will indemnify and save the Agent and each applicable Harvest Lender harmless from and against any loss or damage arising as a result of such deficiency. This indemnity will constitute an obligation separate and independent from the other obligations contained in this Agreement, will give rise to a separate and independent cause of action, will apply irrespective of any indulgence granted by the Agent for and on behalf of the Harvest Lenders 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.
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Sources: Credit Agreement (Harvest Operations Corp.), Credit Agreement (Harvest Operations Corp.)
Foreign Currency Obligations. The Guarantor will make payment relative to each Harvest Lender Guaranteed Obligation in the currency (the "“Original Currency"”) in which the applicable Other Harvest Penn West Party is required to pay such Harvest Lender Guaranteed Obligation. If the Guarantor makes payment relative to any Guaranteed Obligation to the Agent on behalf of the applicable Harvest Lenders or a Penn West 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 Guarantor hereunder in respect of such Harvest Lender Guaranteed Obligation only to the extent of the amount of the Original Currency which the Agent or the applicable Harvest Lenders are Penn West Lender is able to purchase at Toronto, Ontario with the amount it received on the date of receipt. If the amount of the Original Currency which the Agent or the applicable Harvest Lenders are Penn West Lender is able to purchase is less than the amount of such currency originally due to it in respect to the relevant Harvest Lender Guaranteed Obligation, the Guarantor will indemnify and save the Agent and each applicable Harvest Penn West Lender harmless from and against any loss or damage arising as a result of such deficiency. This indemnity will constitute an obligation separate and independent from the other obligations contained in this Agreement, will give rise to a separate and independent cause of action, will apply irrespective of any indulgence granted by the Agent for and on behalf of the Harvest Penn West Lenders 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.
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