GUARANTEE AND INDEMNITY. 15.1 Guarantee and Indemnity 15.1.1 guarantees to each Finance Party the punctual performance by each Borrower of all that Borrower’s obligations under the Finance Documents; 15.1.2 undertakes with each Finance Party that whenever a Borrower does not pay any amount when due under or in connection with any Finance Document, that Guarantor shall immediately on demand pay that amount as if it was the principal obligor; and 15.1.3 indemnifies each Finance Party immediately on demand (and shall make the relevant payment within 5 (five) Business Days of such 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 the Finance Party would otherwise have been entitled to recover.
Appears in 11 contracts
Sources: Revolving Credit Facility Agreement (Gold Fields LTD), Revolving Credit Facility Agreement (Gold Fields LTD), Revolving Credit Facility Agreement (Gold Fields LTD)
GUARANTEE AND INDEMNITY. 15.1 18.1 Guarantee and Indemnityindemnity
15.1.1 (a) guarantees to each Finance Party the punctual performance by each Borrower of all that Borrower’s obligations under the Finance Documents;
15.1.2 (b) undertakes with each Finance Party that whenever a Borrower does not pay any amount when due under or in connection with any Finance Document, that Guarantor shall immediately on within five Business Days of receiving a demand pay that amount as if it was the principal obligor; and
15.1.3 (c) indemnifies each Finance Party immediately on demand (and shall make the relevant payment within 5 (five) five Business Days of such demand) receiving a demand against any cost, loss or liability reasonably incurred or suffered and documented 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 the that Finance Party would otherwise have been entitled to recover.
Appears in 2 contracts
Sources: Multicurrency Revolving Facility Agreement (Luxottica Group Spa), Facilities Agreement (Luxottica Group Spa)
GUARANTEE AND INDEMNITY. 15.1 24.1 Guarantee and Indemnityindemnity Each Guarantor irrevocably and unconditionally jointly and severally:
15.1.1 24.1.1 guarantees to each Finance Party the punctual performance by each Borrower of all that Borrower’s 's obligations under the Finance Documents;
15.1.2 24.1.2 undertakes with each Finance Party that whenever a Borrower does not pay any amount when due under or in connection with any Finance Document, that Guarantor shall immediately on demand pay that amount as if it was the principal obligor; and
15.1.3 24.1.3 indemnifies each Finance Party immediately on demand (and shall make the relevant payment within 5 (five) Business Days of such 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 the that Finance Party would otherwise have been entitled to recover.
Appears in 2 contracts
Sources: Syndication and Amendment Agreement (Shire PLC), Facilities Agreement (Shire PLC)
GUARANTEE AND INDEMNITY. 15.1 Guarantee and Indemnity
15.1.1 guarantees to each Finance Party the punctual performance by each Borrower of all that Borrower’s obligations under the Finance Documents;
15.1.2 undertakes with each Finance Party that whenever a Borrower does not pay any amount when due under or in connection with any Finance Document, that Guarantor shall immediately on demand pay that amount as if it was the principal obligor; and
15.1.3 indemnifies each Finance Party immediately on demand (and shall make the relevant payment within 5 five (five5) Business Days of such 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 the Finance Party would otherwise have been entitled to recover.
Appears in 1 contract
Sources: Revolving Credit Facility Agreement (Gold Fields LTD)
GUARANTEE AND INDEMNITY. 15.1 17.1 Guarantee and Indemnityindemnity Each Guarantor irrevocably and unconditionally jointly and severally:
15.1.1 (a) guarantees to each Finance Party the punctual performance by each Borrower other Obligor of all that BorrowerObligor’s obligations under the Finance Documents;
15.1.2 (b) undertakes with each Finance Party that whenever a Borrower any other Obligor does not pay any amount when due under or in connection with any Finance Document, that Guarantor shall immediately on demand pay that amount as if it was the principal obligor; and
15.1.3 (c) indemnifies each Finance Party immediately on demand (and shall make the relevant payment within 5 (five) Business Days of such demand) against any cost, loss or liability suffered by that the 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 the that Finance Party would otherwise have been entitled to recover.
Appears in 1 contract
Sources: Facility Agreement (Centerpulse LTD)
GUARANTEE AND INDEMNITY. 15.1 18.1 Guarantee and Indemnityindemnity
15.1.1 (a) guarantees to each Finance Party the punctual performance by each Borrower of all that Borrower’s obligations under the Finance Documents;
15.1.2 (b) undertakes with each Finance Party that whenever a Borrower does not pay any amount when due under or in connection with any Finance Document, that Guarantor shall immediately on demand pay that the amount so demanded as if it was the principal obligor; and
15.1.3 (c) as an independent and primary obligation, indemnifies each Finance Party immediately on demand (and shall make the relevant payment within 5 (five) Business Days of such demand) against any cost, loss or liability suffered by that Finance Party (i) if any obligation guaranteed by it is or becomes unenforceable, invalid or illegalillegal or (ii) by operation of law. The amount of the cost, loss or liability shall be equal to the amount which the that Finance Party would otherwise have been entitled to recover.
Appears in 1 contract
Sources: Facilities Agreement (Sappi LTD)
GUARANTEE AND INDEMNITY. 15.1 14.1 Guarantee and Indemnity
15.1.1 14.1.1 guarantees to each Finance Party the punctual performance by each Borrower of all that Borrower’s obligations under the Finance Documents;
15.1.2 14.1.2 undertakes with each Finance Party that whenever a Borrower does not pay any amount when due under or in connection with any Finance Document, that Guarantor shall immediately on demand pay that amount as if it was the principal obligor; and
15.1.3 14.1.3 indemnifies each Finance Party immediately on demand (and shall make the relevant payment within 5 (five) Business Days of such 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 the Finance Party would otherwise have been entitled to recover.
Appears in 1 contract
Sources: Facility Agreement (Gold Fields LTD)
GUARANTEE AND INDEMNITY. 15.1 19.1 Guarantee and Indemnityindemnity
15.1.1 19.1.1 guarantees to each Finance Party the Party, as principal obligor and not merely as surety, punctual performance by each the Borrower of all that the Borrower’s obligations under the Finance Documents;
15.1.2 19.1.2 undertakes with each Finance Party that whenever a the Borrower does not pay any amount when due under or in connection with any Finance Document, that Guarantor shall immediately on demand pay that amount as if it was the principal obligor; and
15.1.3 19.1.3 indemnifies each Finance Party immediately on demand (and shall make the relevant payment within 5 (five) Business Days of such 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 the that Finance Party would otherwise have been entitled to recover, except where the Finance Parties (or the Agent on their behalf) expressly agree otherwise.
Appears in 1 contract
GUARANTEE AND INDEMNITY. 15.1 17.1 Guarantee and Indemnityindemnity
15.1.1 (a) guarantees to each Finance Party the punctual performance by each Borrower of all that Borrower’s obligations under the Finance Documents;
15.1.2 (b) undertakes with each Finance Party that whenever a Borrower does not pay any amount when due under or in connection with any Finance Document, that Guarantor shall immediately on demand pay that amount as if it was the principal obligor; and
15.1.3 (c) indemnifies each Finance Party immediately on demand (and shall make the relevant payment within 5 five (five5) Business Days of such demand) against any cost, loss or liability suffered by that Finance Party if any obligation guaranteed by it is or becomes unenforceable, invalid or illegalillegal by the operation of law. The amount of the cost, loss or liability shall be equal to the amount which the that Finance Party would otherwise have been entitled to recover.
Appears in 1 contract
GUARANTEE AND INDEMNITY. 15.1 19.1 Guarantee and Indemnityindemnity Each Guarantor irrevocably and unconditionally jointly and severally:
15.1.1 (a) guarantees to each Finance Party the punctual performance by each Borrower of all that Borrower’s obligations under the Finance Documents;
15.1.2 (b) undertakes with each Finance Party that whenever a Borrower does not pay any amount when due under or in connection with any Finance Document, that Guarantor shall immediately on demand pay that amount as if it was the principal obligor; and
15.1.3 (c) indemnifies each Finance Party immediately on demand (and shall make the relevant payment within 5 (five) Business Days of such 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 the that Finance Party would otherwise have been entitled to recover.
Appears in 1 contract
Sources: Senior Facilities Agreement (Messer Griesheim Holding Ag)
GUARANTEE AND INDEMNITY. 15.1 18.1 Guarantee and Indemnityindemnity Each Guarantor irrevocably and unconditionally jointly and severally:
15.1.1 (a) guarantees to each Finance Party the punctual performance by each Borrower of all that Borrower’s obligations under the Finance Documents;
15.1.2 (b) undertakes with each Finance Party that whenever a Borrower does not pay any amount when due under or in connection with any Finance Document, that the Guarantor shall immediately on demand pay that amount as if it was the principal obligor; and
15.1.3 (c) indemnifies each Finance Party immediately on demand (and shall make the relevant payment within 5 (five) Business Days of such 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 the that Finance Party would otherwise have been entitled to recover.
Appears in 1 contract
Sources: Syndicated Revolving Credit Agreement (Koninklijke KPN N V)
GUARANTEE AND INDEMNITY. 15.1 Guarantee 19.1 GUARANTEE AND INDEMNITY Each Guarantor irrevocably and Indemnityunconditionally jointly and severally:
15.1.1 1.1 guarantees to each Finance Party the punctual performance by each Borrower of all that Borrower’s 's obligations under the Finance Documents;
15.1.2 1.2 undertakes with each Finance Party that whenever a Borrower does not pay any amount when due under or in connection with any Finance Document, that Guarantor shall immediately on demand pay that amount as if it was the principal obligor; and
15.1.3 1.3 indemnifies each Finance Party immediately on demand (and shall make the relevant payment within 5 (five) Business Days of such 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 the that Finance Party would otherwise have been entitled to recover.
Appears in 1 contract
Sources: Multicurrency Revolving Facility Agreement (Misys PLC)
GUARANTEE AND INDEMNITY. 15.1 18.1 Guarantee and Indemnityindemnity
15.1.1 (a) guarantees to each Finance Party the punctual performance by each Borrower of all that Borrower’s obligations under the Finance Documents;
15.1.2 (b) undertakes with each Finance Party that whenever a Borrower does not pay any amount when due under or in connection with any Finance Document, that Guarantor shall immediately on demand pay that amount as if it was the principal obligor; and
15.1.3 (c) indemnifies each Finance Party immediately on demand (and shall make the relevant payment within 5 (five) five Business Days of such 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 the that Finance Party would otherwise have been entitled to recover.
Appears in 1 contract
Sources: Facility Agreement (Gold Fields LTD)
GUARANTEE AND INDEMNITY. 15.1 Guarantee 18.1 GUARANTEE AND INDEMNITY Each Guarantor irrevocably and Indemnityunconditionally jointly and severally:
15.1.1 (a) guarantees to each Finance Party the punctual performance by each Borrower of all that Borrower’s 's obligations under the Finance Documents;
15.1.2 (b) undertakes with each Finance Party that whenever a Borrower does not pay any amount when due under or in connection with any Finance Document, that Guarantor shall immediately on demand pay that amount as if it was the principal obligor; and
15.1.3 (c) indemnifies each Finance Party immediately on demand (and shall make the relevant payment within 5 (five) Business Days of such 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 the that Finance Party would otherwise have been entitled to recover.
Appears in 1 contract
Sources: Facilities Agreement (Octel Corp)
GUARANTEE AND INDEMNITY. 15.1 17.1 Guarantee and Indemnityindemnity
15.1.1 (a) guarantees to each Finance Party the punctual performance by each Borrower of all that Borrower’s obligations under the Finance Documents;
15.1.2 (b) undertakes with each Finance Party that whenever a Borrower does not pay any amount when due under or in connection with any Finance Document, that Guarantor shall immediately on demand pay that amount as if it was the principal obligor; and
15.1.3 (c) indemnifies each Finance Party immediately on demand (and shall make the relevant payment within 5 (five) five Business Days of such 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 the that Finance Party would otherwise have been entitled to recover.
Appears in 1 contract
Sources: Facility Agreement (Gold Fields LTD)
GUARANTEE AND INDEMNITY. 15.1 Guarantee and Indemnityindemnity Each Guarantor irrevocably and unconditionally jointly and severally:
15.1.1 (a) guarantees to each Finance Party the punctual performance by each Borrower of all that Borrower’s obligations under the Finance Documents;
15.1.2 (b) undertakes with each Finance Party that whenever a Borrower does not pay any amount when due under or in connection with any Finance Document, that Guarantor shall immediately on demand pay that amount as if it was the principal obligor; and
15.1.3 (c) indemnifies each Finance Party immediately on demand (and shall make the relevant payment within 5 (five) Business Days of such 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 the that Finance Party would otherwise have been entitled to recover.
Appears in 1 contract
Sources: Credit Facilities Agreement
GUARANTEE AND INDEMNITY. 15.1 17.1 Guarantee and Indemnityindemnity
15.1.1 (a) guarantees to each Finance Party the punctual performance by each Borrower of all that Borrower’s obligations under the Finance Documents;
15.1.2 (b) undertakes with each Finance Party that whenever a Borrower does not pay any amount when due under or in connection with any Finance Document, that Guarantor shall immediately on demand pay that amount as if it was the principal obligor; and
15.1.3 (c) indemnifies each Finance Party immediately on demand (and shall make the relevant payment within 5 five (five5) Business Days of such 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 the that Finance Party would otherwise have been entitled to recover.
Appears in 1 contract
Sources: Facility Agreement (Gold Fields LTD)
GUARANTEE AND INDEMNITY. 15.1 Guarantee 20.1 GUARANTEE AND INDEMNITY Each Guarantor irrevocably and Indemnityunconditionally jointly and severally:
15.1.1 (a) guarantees to each Finance Party the punctual performance by each Borrower of all that Borrower’s 's obligations under the Finance Documents;
15.1.2 (b) undertakes with each Finance Party that whenever a Borrower does not pay any amount when due under or in connection with any Finance Document, that Guarantor shall immediately on demand pay that amount as if it was the principal obligor; and
15.1.3 (c) indemnifies each Finance Party immediately on demand (and shall make the relevant payment within 5 (five) Business Days of such 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 the that Finance Party would otherwise have been entitled to recover.
Appears in 1 contract