Primary Obligor. The obligation to make payments and provide benefits under this section shall primarily be those of the Employee’s Employer as of the date of the Employee’s termination of employment. In the event the Employer is not Leesport or the Bank, Leesport will cause such Employer to make required payments and provide required benefits. To the extent Leesport fails or is unable to do so, it shall make such payments and provide such benefits.
Primary Obligor. The Borrower's obligations under this Section 9.16 shall be those of a primary obligor whether or not the Person indemnified shall also be indemnified with respect to the same matter under the terms of this Loan Agreement, or any other document or instrument, and the Person seeking indemnification from the Borrower pursuant to any provision of this Loan Agreement may proceed directly against the Borrower without first seeking to enforce any other right of indemnification.
Primary Obligor. While upon the earlier of a Ribapharm IPO or a Ribapharm Spin-Off, Ribapharm will become a joint and several obligor of the Notes, as between ICN and Ribapharm, ICN and Ribapharm agree that ICN shall be responsible for all payments of principal, premium, if any, interest and any other payments under the Notes, including Ribapharm's obligation to make an offer to repurchase the Notes upon a Change in Control of Ribapharm or ICN. In the event Ribapharm makes any such payments under the Notes for any reason, ICN shall promptly reimburse Ribapharm for these payments. Notwithstanding the foregoing, Ribapharm shall be responsible for the payment of liquidated damages pursuant to Section 5 of the Registration Rights Agreement caused by Ribapharm's failure to comply with its obligations to file and maintain an effective Registration Statement.
Primary Obligor. Anything contained herein to the contrary notwithstanding, the Banks and the Noteholders agree that credit shall be extended and loans made only to HGL and not any other Hampshire Entity, provided that such other Hampshire Entities may provide guarantees in support of such credit extension and such loans.
Primary Obligor. The Company hereby acknowledges that Indemnitee has certain rights to indemnification, advancement of expenses and/or insurance provided by [Name of Fund/Sponsor] and certain of [its][their] affiliates (collectively, the “Fund Indemnitors”). The Company hereby agrees (i) that it is the indemnitor of first resort (i.e., its obligations to Indemnitee are primary and any obligation of the Fund Indemnitors to advance expenses or to provide indemnification for the same expenses or liabilities incurred by Indemnitee are secondary), (ii) that it shall be required to advance the full amount of expenses incurred by Indemnitee and shall be liable for the full amount of all Expenses, judgments, penalties, fines and amounts paid in settlement to the extent legally permitted and as required by the terms of this Agreement, the Company’s Amended and Restated Articles of Association and the Company’s Amended and Restated Memorandum of Association (or any other agreement between the Company and Indemnitee), without regard to any rights Indemnitee may have against the Fund Indemnitors, and, (iii) that it irrevocably waives, relinquishes and releases the Fund Indemnitors from any and all claims against the Fund Indemnitors for contribution, subrogation or any other recovery of any kind in respect thereof. The Company further agrees that no advancement or payment by the Fund Indemnitors on behalf of Indemnitee with respect to any claim for which Indemnitee has sought indemnification from the Company shall affect the foregoing and the Fund Indemnitors shall have a right of contribution and/or be subrogated to the extent of such advancement or payment to all of the rights of recovery of Indemnitee against the Company. The Company and Indemnitee agree that the Fund Indemnitors are express third party beneficiaries of the terms of this Section. [This space intentionally left blank.]
Primary Obligor. 12 Guarantor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Primary Obligor. If anything (including any legal limitation, disability, liquidation or other incapacity on the part of MTD) or any disclaimer by a liquidator or trustee in bankruptcy causes any of MTD's obligations under this Agreement and/or the guarantee set out in Paragraphs 1 (Guaranteed Obligations) to be or become invalid or unenforceable, then the Guarantor shall perform and discharge all of MTD's obligations under this Agreement as if they were the primary obligations of the Guarantor.
Primary Obligor. Lessee's obligations under the indemnities provided for in this Agreement shall be those of a primary obligor whether or not the Indemnified Person shall also be indemnified with respect to the same manner under the terms of this Agreement or any other document or instrument, and the Person seeking indemnification from Lessee pursuant to any provision of this Agreement may proceed directly against Lessee without first seeking to enforce any other right of indemnification. Lessee's agreement under this Article VI constitutes a separate agreement with respect to each Indemnified Person and is enforceable directly by each Indemnified Person whether or not the Lessor has made a claim for Supplemental Rent on behalf of such Indemnified Person under the Lease. Payments by Lessee under this Article VI shall be payable in the same currency as the indemnified liability.