GUARANTEE AND INDEMNITY. 18.1 Guarantee and indemnity (a) guarantees to each Finance Party punctual performance by the Borrower of all the Borrower’s obligations under the Finance Documents; (b) undertakes with each Finance Party that whenever the Borrower does not pay any amount when due under or in connection with any Finance Document, it shall immediately on demand pay that amount as if it was the principal obligor; and (c) indemnifies each Finance Party immediately on demand against any cost, loss or liability suffered by that Finance Party if any obligation guaranteed by it is or becomes unenforceable, invalid or illegal. The amount of the cost, loss or liability shall be equal to the amount which that Finance Party would otherwise have been entitled to recover.
Appears in 2 contracts
Sources: Facilities Agreement (Cemex Sab De Cv), Facilities Agreement (Cemex Sab De Cv)
GUARANTEE AND INDEMNITY. 18.1 25.1 Guarantee and indemnity
(aA) guarantees to each Finance Party punctual performance by the each Borrower of all the that Borrower’s obligations under the Finance Documents;
(bB) undertakes with each Finance Party that whenever the a Borrower does not pay any amount when due under or in connection with any Finance Document, it that Guarantor shall immediately on demand pay that amount as if it was the principal obligor; and
(cC) indemnifies each Finance Party immediately on demand against any cost, loss or liability suffered by that Finance Party if any obligation guaranteed by it is or becomes unenforceable, invalid or illegal. The amount of the cost, loss or liability shall be equal to the amount which that Finance Party would otherwise have been entitled to recover.
Appears in 2 contracts
Sources: Facility Agreement (Kosmos Energy Ltd.), Facility Agreement (Kosmos Energy Ltd.)
GUARANTEE AND INDEMNITY. 18.1 Guarantee and indemnity
(a) guarantees to each Finance Party punctual performance by the each Borrower of all the that Borrower’s 's obligations under the Finance Documents;
(b) undertakes with each Finance Party that whenever the a Borrower does not pay any amount when due under or in connection with any Finance Document, it that Guarantor shall immediately on demand pay that amount as if it was the principal obligor; and
(c) indemnifies each Finance Party immediately on demand against any cost, loss or liability suffered by that Finance Party if any obligation guaranteed by it is or becomes unenforceable, invalid or illegal. The amount of the cost, loss or liability shall be equal to the amount which that Finance Party would otherwise have been entitled to recover.
Appears in 2 contracts
Sources: Facilities Agreement (Signet Group PLC), Facility Agreement (Sigma Aldrich Corp)
GUARANTEE AND INDEMNITY. 18.1 17.1 Guarantee and indemnity
(a) 17.1.1 guarantees to each Finance Party punctual performance by the Borrower each other Obligor of all the Borrower’s its obligations under the Finance Documents;
(b) 17.1.2 undertakes with each Finance Party that whenever the Borrower another Obligor does not pay any amount when due under or in connection with any Finance Document, it that Obligor shall immediately on demand pay that amount as if it was the principal obligor; and
(c) 17.1.3 indemnifies each Finance Party immediately on demand against any cost, loss or liability suffered by that Finance Party if any obligation guaranteed by it is or becomes unenforceable, invalid or illegal. The amount of the cost, loss or liability shall be equal to the amount which that Finance Party would otherwise have been entitled to recover.
Appears in 2 contracts
Sources: Facility Agreement (Hines Global REIT, Inc.), Facility Agreement (Hines Global REIT, Inc.)
GUARANTEE AND INDEMNITY. 18.1 Guarantee and indemnity
(a) guarantees to each Finance Party punctual performance by the each Borrower of all the Borrower’s its obligations under the Finance Documents;
(b) undertakes with each Finance Party that that, whenever the a Borrower does not pay any amount when due under or in connection with any Finance Document, it shall must immediately on demand by the Facility Agent pay that amount as if it was were the principal obligor; and
(c) indemnifies each Finance Party immediately on demand against any cost, loss or liability suffered by that Finance Party if any payment obligation guaranteed by it is or becomes unenforceable, invalid or illegal. The ; the amount of the cost, loss or liability shall under this indemnity will be equal to the amount which that the Finance Party would otherwise have been entitled to recover.
Appears in 1 contract
GUARANTEE AND INDEMNITY. 18.1 15.1 Guarantee and indemnity
(a) guarantees to each Finance Party punctual performance by the Borrower of all the Borrower’s obligations under the Finance Documents;
(b) undertakes with each Finance Party that whenever the Borrower does not pay any amount when due under or in connection with any Finance Document, it shall immediately on demand pay that amount as if it was the principal obligor; and
(c) indemnifies each Finance Party immediately on demand against any cost, loss or liability suffered by that Finance Party if any obligation guaranteed by it is or becomes unenforceable, invalid or illegal. The amount of the cost, loss or liability shall be equal to the amount which that Finance Party would otherwise have been entitled to recover.
Appears in 1 contract
Sources: Pre Export Finance Agreement (Votorantim Pulp & Paper Inc)
GUARANTEE AND INDEMNITY. 18.1 19.1 Guarantee and indemnity
(a) guarantees to each Finance Party punctual performance by the each Borrower of all the that Borrower’s 's obligations under the Finance Documents;
(b) undertakes with each Finance Party that whenever the a Borrower does not pay any amount when due under or in connection with any Finance Document, it shall immediately on demand pay that amount as if it was the principal obligor; and
(c) indemnifies each Finance Party immediately on demand against any cost, loss or liability suffered by that Finance Party if any obligation guaranteed by it is or becomes unenforceable, invalid or illegal. The amount of the cost, loss or liability shall be equal to the amount which that Finance Party would otherwise have been entitled to recover.
Appears in 1 contract
GUARANTEE AND INDEMNITY. 18.1 Guarantee The Company irrevocably and indemnityunconditionally:
(a) 19.1.1 guarantees to each Finance Party punctual performance by the Borrower each other Obligor of all the Borrower’s of that Obligor's obligations under the Finance Documents;
(b) 19.1.2 undertakes with each Finance Party that whenever the Borrower an Obligor does not pay any amount when due under or in connection with any Finance Document, it the Company shall immediately on demand pay that amount as if it was the principal obligor; and
(c) 19.1.3 indemnifies each Finance Party immediately on demand against any cost, loss or liability suffered by that Finance Party if any obligation guaranteed by it is or becomes unenforceable, invalid or illegal. The amount of the cost, loss or liability shall be equal to the amount which that Finance Party would otherwise have been entitled to recover.
Appears in 1 contract
Sources: Committed Multicurrency Revolving Facility Agreement (Marconi Corp PLC)
GUARANTEE AND INDEMNITY. 18.1 24.1 Guarantee and indemnity
(a) 24.1.1 guarantees to each Finance Party punctual performance by the each Borrower of all the that Borrower’s obligations under the Finance Documents;
(b) 24.1.2 undertakes with each Finance Party that whenever the a Borrower does not pay any amount when due under or in connection with any Finance Document, it that Guarantor shall immediately on demand pay that amount as if it was the principal obligor; and
(c) 24.1.3 indemnifies each Finance Party immediately on demand against any cost, loss or liability suffered by that Finance Party if any obligation guaranteed by it is or becomes unenforceable, invalid or illegal. The amount of the cost, loss or liability shall be equal to the amount which that Finance Party would otherwise have been entitled to recover.
Appears in 1 contract
Sources: Facilities Agreement (Shuttle Corp)
GUARANTEE AND INDEMNITY. 18.1 19.1 Guarantee and indemnity
(a) 19.1.1 guarantees to each Finance Party punctual performance by the each Borrower of all the that Borrower’s 's obligations under the Finance Documents;
(b) 19.1.2 undertakes with each Finance Party that whenever the a Borrower does not pay any amount when due under or in connection with any Finance Document, it such Guarantor shall immediately on demand pay that amount as if it was the principal obligor; and
(c) 19.1.3 indemnifies each Finance Party immediately on demand against any cost, loss or liability suffered by that Finance Party if any obligation guaranteed by it is or becomes unenforceable, invalid or illegal. The amount of the cost, loss or liability shall be equal to the amount which that Finance Party would otherwise have been entitled to recover.
Appears in 1 contract
Sources: Amendment and Restatement Agreement (Validus Holdings LTD)
GUARANTEE AND INDEMNITY. 18.1 14.1 Guarantee and indemnity
(a) guarantees to each Finance Party punctual performance by the Borrower of all the Borrower’s it's obligations under the Finance Documents;
(b) undertakes with each Finance Party that whenever the Borrower does not pay any amount when due under or in connection with any Finance Document, it that Guarantor shall immediately on demand pay that amount as if it was the principal obligor; and
(c) indemnifies each Finance Party immediately on demand against any cost, loss or liability suffered by that Finance Party if any obligation guaranteed by it is or becomes unenforceable, invalid or illegal. The amount of the cost, loss or liability shall be equal to the amount which that Finance Party would otherwise have been entitled to recover.
Appears in 1 contract
GUARANTEE AND INDEMNITY. 18.1 17.1 Guarantee and indemnity
(a) guarantees to each Finance Party punctual performance by the Borrower of all the Borrower’s of its obligations under the Finance Documents;
(b) undertakes with each Finance Party that whenever the Borrower does not pay any amount when due under or in connection with any Finance Document, it that Guarantor shall immediately on within three Business Days of demand pay that amount as if it was the principal obligor; and
(c) indemnifies each Finance Party immediately on within three Business Days of demand against any cost, loss or liability suffered by that Finance Party if any obligation guaranteed by it is or becomes unenforceable, invalid or illegal. The amount of the cost, loss or liability shall be equal to the amount which that Finance Party would otherwise have been entitled to recover.
Appears in 1 contract
Sources: Single Currency Term Facility Agreement (Bristol Myers Squibb Co)
GUARANTEE AND INDEMNITY. 18.1 21.1 Guarantee and indemnity
(a) guarantees to each Finance Party punctual performance by the Borrower each other Obligor of all the Borrowerthat Obligor’s obligations under the Finance Documents;
(b) undertakes with each Finance Party that whenever the Borrower another Obligor does not pay any amount when due under or in connection with any Finance Document, it that Guarantor shall immediately on demand pay that amount as if it was the principal obligor; and
(c) indemnifies each Finance Party immediately on demand against any cost, loss or liability suffered by that Finance Party if any obligation guaranteed by it is or becomes unenforceable, invalid or illegal. The amount of the cost, loss or liability shall be equal to the amount which that Finance Party would otherwise have been entitled to recover.
Appears in 1 contract
Sources: £200,000,000 Multi Currency Term, Revolving Credit Facilities Agreement (Iron Mountain Inc)
GUARANTEE AND INDEMNITY. 18.1 25.1 Guarantee and indemnity
(a) 25.1.1 guarantees to each Finance Party punctual performance by the each Borrower of all the that Borrower’s obligations under the Finance Documents;
(b) 25.1.2 undertakes with each Finance Party that whenever the a Borrower does not pay any amount when due under or in connection with any Finance Document, it that Guarantor shall immediately on demand pay that amount as if it was the principal obligor; and
(c) 25.1.3 indemnifies each Finance Party immediately on demand against any cost, loss or liability suffered by that Finance Party if any obligation guaranteed by it is or becomes unenforceable, invalid or illegal. The amount of the cost, loss or liability shall be equal to the amount which that Finance Party would otherwise have been entitled to recover.
Appears in 1 contract
Sources: Facilities Agreement (Shire Pharmaceuticals Group PLC)
GUARANTEE AND INDEMNITY. 18.1 19.1 Guarantee and indemnity
(a) 19.1.1 guarantees to each Finance Party punctual performance by the each Borrower of all the that Borrower’s obligations under the Finance Documents;
(b) 19.1.2 undertakes with each Finance Party that whenever the a Borrower does not pay any amount when due under or in connection with any Finance Document, it such Guarantor shall immediately on demand pay that amount as if it was the principal obligor; and
(c) 19.1.3 indemnifies each Finance Party immediately on demand against any cost, loss or liability suffered by that Finance Party if any obligation guaranteed by it is or becomes unenforceable, invalid or illegal. The amount of the cost, loss or liability shall be equal to the amount which that Finance Party would otherwise have been entitled to recover.
Appears in 1 contract
Sources: Amendment and Restatement Agreement (Validus Holdings LTD)
GUARANTEE AND INDEMNITY. 18.1 14.1 Guarantee and indemnityIndemnity
(a) 14.1.1 guarantees to each Finance Party the punctual performance by the Borrower of all the Borrower’s obligations under the Finance Documents;
(b) 14.1.2 undertakes with to each Finance Party that whenever the Borrower does not pay any amount when due under or in connection with any Finance Document, it that Guarantor shall immediately directly on demand pay that amount as if it was the principal obligor; and
(c) 14.1.3 indemnifies each Finance Party immediately directly on demand against any cost, loss or liability suffered by that Finance Party if any obligation guaranteed by it is or becomes unenforceable, invalid or illegal. The amount of the cost, loss or liability shall be equal to the amount which that Finance Party would otherwise have been entitled to recover.
Appears in 1 contract
Sources: Senior Facility Agreement (Harmony Gold Mining Co LTD)
GUARANTEE AND INDEMNITY. 18.1 33.1 Guarantee and indemnity
(aA) guarantees to each Finance Party punctual performance by the each Borrower of all the that Borrower’s obligations under the Finance Documents;
(bB) undertakes with each Finance Party that whenever the a Borrower does not pay any amount when due under or in connection with any Finance Document, it that Guarantor shall immediately on demand pay that amount as if it was the principal obligor; and
(cC) indemnifies each Finance Party immediately on demand against any cost, loss or liability suffered by that Finance Party if any obligation guaranteed by it is or becomes unenforceable, invalid or illegal. The amount of the cost, loss or liability shall be equal to the amount which that Finance Party would otherwise have been entitled to recover.
Appears in 1 contract
Sources: Deed of Amendment and Restatement (Kosmos Energy Ltd.)
GUARANTEE AND INDEMNITY. 18.1 Guarantee and indemnity106
(a) guarantees to each Finance Party punctual performance by the Borrower each Obligor of all the Borrowerthat Obligor’s obligations under the Finance Documents;
(b) undertakes with each Finance Party that whenever the Borrower an Obligor does not pay any amount when due under or in connection with any Finance Document, it that Guarantor shall immediately on demand of the Facility Agent pay that amount as if it was were the principal obligor; and
(c) indemnifies each Finance Party immediately on demand against any cost, loss or liability suffered by that Finance Party if any obligation guaranteed by it is or becomes unenforceable, invalid or illegal. The amount of the cost, loss or liability shall be equal to the amount which that Finance Party would otherwise have been entitled to recover.
Appears in 1 contract
Sources: Amendment and Restatement Agreement (Liberty Global PLC)
GUARANTEE AND INDEMNITY. 18.1 22.1 Guarantee and indemnity
(a) guarantees to each Finance Party punctual performance by the each Borrower of all the that Borrower’s obligations under the Finance Documents;
(b) undertakes with each Finance Party that whenever the a Borrower does not pay any amount when due under or in connection with any Finance Document, it that Guarantor shall immediately on demand pay that amount as if it was the principal obligor; and
(c) indemnifies each Finance Party immediately on demand against any cost, loss or liability suffered by that Finance Party if any obligation guaranteed by it is or becomes unenforceable, invalid or illegal. The amount of the cost, loss or liability shall be equal to the amount which that Finance Party would otherwise have been entitled to recover.
Appears in 1 contract
Sources: Senior Facilities Agreement (Anheuser-Busch InBev S.A.)
GUARANTEE AND INDEMNITY. 18.1 Guarantee 18.1.1 The Company irrevocably and indemnityunconditionally:
(a) guarantees to each Finance Party punctual performance by the each Borrower of all the Borrower’s its payment obligations under the Finance Documents;
(b) undertakes with each Finance Party that that, whenever the a Borrower does not pay any amount when due under or in connection with any Finance Document, it shall must immediately on demand by the Agent pay that amount as if it was were the principal obligor; and
(c) indemnifies each Finance Party immediately on demand against any cost, loss or liability suffered by that Finance Party if any payment obligation guaranteed by it of a Borrower is or becomes unenforceable, invalid or illegal. The ; the amount of the cost, loss or liability shall under this indemnity will be equal to the amount which that the Finance Party would otherwise have been entitled to recover.
Appears in 1 contract
Sources: Facilities Agreement (Royal Ahold)
GUARANTEE AND INDEMNITY. 18.1 24.1 Guarantee and indemnity
(a) 24.1.1 guarantees to each Finance Party punctual performance by the each Borrower of all the that Borrower’s obligations under the Finance Documents;
(b) 24.1.2 undertakes with each Finance Party that whenever the a Borrower does not pay any amount when due under or in connection with any Finance Document, it that Guarantor shall immediately on demand pay that amount as if it was were the principal obligor; and
(c) 24.1.3 indemnifies each Finance Party immediately on demand against any cost, loss or liability suffered by that Finance Party if any obligation guaranteed by it is or becomes unenforceable, invalid or illegal. The amount of the cost, loss or liability shall be equal to the amount which that Finance Party would otherwise have been entitled to recover.
Appears in 1 contract
Sources: Facility Agreement (Shire Ltd.)
GUARANTEE AND INDEMNITY. 18.1 Guarantee and indemnity
(a) guarantees to each Finance Party punctual performance by the each Borrower of all the that Borrower’s obligations under the Finance Documents;
(b) undertakes with each Finance Party that whenever the a Borrower does not pay any amount when due under or in connection with any Finance Document, it the Guarantor shall immediately on demand pay that amount as if it was the principal obligor; and
(c) indemnifies each Finance Party immediately on demand against any cost, loss or liability suffered by that Finance Party if any obligation guaranteed by it is or becomes unenforceable, invalid or illegal. The amount of the cost, loss or liability shall be equal to the amount which that Finance Party would otherwise have been entitled to recover.
Appears in 1 contract
Sources: Syndicated Revolving Credit Agreement (Koninklijke KPN N V)