Primary Obligor. The obligation to make payments and provide benefits under this Agreement shall primarily be those of the Executive’s Employer as of the date of his termination of employment. In the event the Employer is not the Corporation or the Bank, the Corporation will cause such Employer to make required payments and provide required benefits. To the extent the Corporation fails or is unable to do so, it shall make such payments and provide such benefits.
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 Employer shall be the primary obligor with respect to the obligation to pay benefits owing to a Executive under this Agreement.
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. 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. 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. 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. 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 VIST or the Bank, VIST will cause such Employer to make required payments and provide required benefits. To the extent VIST fails or is unable to do so, it shall make such payments and provide such benefits.
Primary Obligor. Parent unconditionally and irrevocably guarantees as a continuing obligation, the due and punctual payment and performance by Buyer of all of the covenants, agreements and other obligations of Buyer set forth in this Agreement (the “Buyer Obligations”), and if Buyer fails to pay any amount or perform any obligation of the Buyer Obligations when due Parent shall pay such amount to Seller in the required currency and perform such obligation forthwith upon receiving Seller’s first written demand. Parent shall be liable under this guarantee as if it were a primary obligor and not merely as a surety.
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 Boardwalk, Boardwalk will cause such Employer to make required payments and provide required benefits. To the extent Boardwalk fails or is unable to do so, it shall make such payments and provide such benefits.
