Primary Obligor Sample Clauses

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. The Employer shall be the primary obligor with respect to the obligation to pay benefits owing to a Executive under this Agreement.
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 each Covered Person may have certain rights to indemnification, advancement of expenses and/or insurance provided by the Members or their Affiliates (the “Affiliate Indemnitors”). The Company hereby agrees (i) that it is the indemnitor of first resort (i.e., its obligations to each Covered Person are primary and any obligation of the Affiliate Indemnitors to advance expenses or to provide indemnification for the same expenses or liabilities incurred by each Covered Person are secondary), (ii) that it shall be required to advance the full amount of expenses incurred by each Covered Person and shall be liable for the full amount of all Indemnified Losses paid in settlement to the extent legally permitted and as required by the terms this Agreement (or any other agreement between the Company and each Covered Person), without regard to any rights any Covered Person may have against the Affiliate Indemnitors, and (iii) that it irrevocably waives, relinquishes and releases the Affiliate Indemnitors from any and all claims against the Affiliate 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 Affiliate Indemnitors on behalf of any Covered Person with respect to any claim for which Covered Person has sought indemnification from the Company shall affect the foregoing and the Affiliate 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 such Covered Person against the Company.
Primary Obligor. 12 Guarantor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Primary Obligor. The obligations of each Subsidiary Guarantor contained herein are direct, independent, and primary obligations of each such Subsidiary Guarantor and are absolute, present, unconditional and continuing obligations and are not conditioned in any way upon the institution of suit or the taking of any other action or any attempt to enforce performance of or compliance with the obligations, covenants or undertakings (including any payment obligations) of the Facility Lessee and shall constitute a guaranty of payment and performance and not of collection, binding upon such Subsidiary Guarantor and its respective successors and assigns and shall remain in full force and effect and irrevocable without regard to the genuineness, validity, legality or enforceability of any of the Operative Documents to which the Facility Lessee is a party or the lack of power or authority of the Facility Lessee to enter into any of the Operative Documents to which the Facility Lessee is a party or any substitution, release or exchange of any other guaranty or any other security for any of the Obligations or any other circumstance whatsoever (other than payment or performance as provided therein) that might otherwise constitute a legal or equitable discharge or defense of a surety or guarantor and shall not be subject to any right of set-off, recoupment or counterclaim and is in no way conditioned or contingent upon any attempt to collect from the Facility Lessee or any other entity or to perfect or enforce any security or upon any other condition or contingency or upon any other action, occurrence or circumstance whatsoever. Without limiting the generality of the foregoing, no Subsidiary Guarantor shall have any right to terminate this Subsidiary Guaranty, or to be released, relieved or discharged from its obligations hereunder, and such obligations shall be neither affected nor diminished for any reason whatsoever, including without limitation
Primary Obligor. Multitrade shall have the right to contract with third parties for performance of all or part of its obligations under this Agreement, but Multitrade shall remain primarily responsible for the performance of its obligations thereunder.
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.