Common use of GUARANTEE AND INDEMNITY Clause in Contracts

GUARANTEE AND INDEMNITY. 17.1 Guarantee and indemnity (a) guarantees to each Finance Party punctual performance by each Borrower of all that Borrower’s obligations under the Finance Documents; (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 (c) agrees with each Finance Party that if any obligation guaranteed by it is or becomes unenforceable, invalid or illegal, it will, as an independent and primary obligation, indemnify that Finance Party immediately on demand against any cost, loss or liability it incurs as a result of a Borrower not paying any amount which would, but for such unenforceability, invalidity or illegality, have been payable by it under any Finance Document on the date when it would have been due. The amount payable by a Guarantor under this indemnity will not exceed the amount it would have had to pay under this Clause 17 if the amount claimed had been recoverable on the basis of a guarantee.

Appears in 1 contract

Sources: Revolving Senior Secured Credit Facility Agreement (Gold Fields LTD)

GUARANTEE AND INDEMNITY. 17.1 19.1. Guarantee and indemnity (a) guarantees to each Finance Party punctual performance by each Borrower other Obligor of all that Borrower’s Obligor's obligations under the Finance Documents; (b) undertakes with each Finance Party that whenever a Borrower another 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 (c) agrees with each Finance Party that if any obligation guaranteed by it is or becomes unenforceable, invalid or illegal, it will, as an independent and primary obligation, indemnify that Finance Party immediately on demand against any cost, loss or liability it incurs as a result of a Borrower an Obligor not paying any amount which would, but for such unenforceability, invalidity or illegality, have been payable by it under any Finance Document on the date when it would have been due. The amount payable by a Guarantor under this indemnity will not exceed the amount it would have had to pay under this Clause 17 19 if the amount claimed had been recoverable on the this basis of a guarantee.

Appears in 1 contract

Sources: Amendment and Restatement Agreement (Genesco Inc)

GUARANTEE AND INDEMNITY. 17.1 18.1 Guarantee and indemnity (a) guarantees to each Finance Party punctual performance by each Borrower of all that Borrower’s obligations under the Finance Documents; (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 (c) agrees with each Finance Party that if any obligation guaranteed by it is or becomes unenforceable, invalid or illegal, illegal it will, as an independent and primary obligation, indemnify that Finance Party immediately on demand against any cost, loss or liability it incurs as a result of a Borrower not paying any amount which would, but for such unenforceability, invalidity or illegality, have been payable by it under any Finance Document on the date when it would have been due. The amount payable by a Guarantor under this indemnity will not exceed the amount it would have had to pay under this Clause 17 18 if the amount claimed had been recoverable on the basis of a guarantee.

Appears in 1 contract

Sources: Multicurrency Revolving Facility Agreement (Markit Ltd.)

GUARANTEE AND INDEMNITY. 17.1 Guarantee and indemnity (a) 17.1.1 guarantees to each Finance Party punctual performance by each Borrower other Obligor of all that BorrowerObligor’s obligations under the Finance Documents; (b) 17.1.2 undertakes with each Finance Party that whenever a Borrower another 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 (c) 17.1.3 agrees with each Finance Party that if any obligation guaranteed by it is or becomes unenforceable, invalid or illegal, it will, as an independent and primary obligation, indemnify that Finance Party immediately on demand against any cost, loss or liability it incurs as a result of a Borrower an Obligor not paying any amount which would, but for such unenforceability, invalidity or illegality, have been payable by it under any Finance Document on the date when it would have been due. The amount payable by a Guarantor under this indemnity will not exceed the amount it would have had to pay under this Clause 17 if the amount claimed had been recoverable on the basis of a guarantee.

Appears in 1 contract

Sources: Facility Agreement (Powerfleet, Inc.)

GUARANTEE AND INDEMNITY. 17.1 19.1 Guarantee and indemnity (a) guarantees to each Finance Party punctual performance by each Borrower other Obligor of all that Borrower’s the Obligors’ obligations under the Finance Documents; (b) undertakes with each Finance Party that whenever a Borrower another 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 (c) agrees with each Finance Party that if any obligation guaranteed by it is or becomes unenforceable, invalid or illegal, it will, as an independent and primary obligation, indemnify that Finance Party immediately on demand against any cost, loss or liability it incurs as a result of a Borrower an Obligor not paying any amount which would, but for such unenforceability, invalidity or illegality, have been payable by it under any Finance Document on the date when it would have been due. The amount payable by a Guarantor under this indemnity will not exceed the amount it would have had to pay under this Clause 17 19 if the amount claimed had been recoverable on the basis of a guarantee.

Appears in 1 contract

Sources: Facility Agreement (InterXion Holding N.V.)

GUARANTEE AND INDEMNITY. 17.1 18.1 Guarantee and indemnity (a) guarantees to each Finance Party punctual performance by each Borrower of all that Borrower’s obligations under the Finance Documents; (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 (c) agrees with each Finance Party that if if, any obligation guaranteed by it is or becomes unenforceable, invalid or illegal, it will, as an independent and primary obligation, indemnify that Finance Party immediately on demand against any cost, loss or liability it incurs as a result of a Borrower not paying any amount which would, but for such unenforceability, invalidity or illegality, have been payable by it under any Finance Document on the date when it would have been due. The amount payable by a Guarantor under this indemnity will not exceed the amount it would have had to pay under this Clause 17 18 if the amount claimed had been recoverable on the basis of a guarantee.

Appears in 1 contract

Sources: Amendment Agreement (Coca-Cola HBC AG)

GUARANTEE AND INDEMNITY. 17.1 19.1 Guarantee and indemnity (a) guarantees to each Finance Party punctual performance by each the Borrower of all that the Borrower’s obligations under the Finance Documents; (b) 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 the Guarantors shall immediately on demand pay that amount as if it was the principal obligor; and (c) agrees with each Finance Party that if any obligation guaranteed by it is or becomes unenforceable, invalid or illegal, illegal it will, as an independent and primary obligation, indemnify that Finance Party immediately on demand against any cost, loss or liability it incurs as a result of a the Borrower not paying any amount which would, but for such unenforceability, invalidity or illegality, have been payable by it under any Finance Document on the date when it would have been due. The amount payable by a Guarantor under this indemnity will not exceed the amount it would have had to pay under this Clause 17 19 if the amount claimed had been recoverable on the basis of a guarantee.

Appears in 1 contract

Sources: Senior Reserve Base Lending Facility Agreement (Fx Energy Inc)

GUARANTEE AND INDEMNITY. 17.1 18.1 Guarantee and indemnity (a) 18.1.1 guarantees to each Finance Party punctual performance by each Borrower other Obligor of all that Borrower’s Obligor's obligations under the Finance Documents; (b) 18.1.2 undertakes with each Finance Party that whenever a Borrower an 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 were the principal obligor; and (c) 18.1.3 agrees with each Finance Party that if any obligation guaranteed by it is or becomes unenforceable, invalid or illegal, it will, as an independent and primary obligation, indemnify that Finance Party immediately on demand against any cost, loss or liability it incurs as a result of a Borrower an Obligor not paying any amount which would, but for such unenforceability, invalidity or illegality, have been payable by it under any Finance Document on the date when it would have been due. The amount payable by a Guarantor under this indemnity will not exceed the amount it would have had to pay under this Clause 17 18 if the amount claimed had been recoverable on the basis of a guarantee.

Appears in 1 contract

Sources: Senior Facility Agreement (Lesaka Technologies Inc)

GUARANTEE AND INDEMNITY. 17.1 18.1 Guarantee and indemnity (a) guarantees to each Finance Party punctual performance by each Borrower of all that Borrower’s obligations under the Finance Documents; (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 within three Business Days of demand pay that amount as if it was the principal obligor; and (c) agrees with each Finance Party that if any obligation guaranteed by it is or becomes unenforceable, invalid or illegal, it will, as an independent and primary obligation, indemnify that Finance Party immediately on within three Business Days of demand against any cost, loss or liability it incurs as a result of a Borrower not paying any amount which would, but for such unenforceability, invalidity or illegality, have been payable by it under any Finance Document on the date when it would have been due. The amount payable by a the Guarantor under this indemnity will not exceed the amount it would have had to pay under this Clause 17 ‎18 if the amount claimed had been recoverable on the basis of a guarantee.

Appears in 1 contract

Sources: Facilities Agreement (LG Acquisition Corp.)

GUARANTEE AND INDEMNITY. 17.1 18.1 Guarantee and indemnityindemnity The Guarantor irrevocably and unconditionally: (a) 18.1.1 guarantees to each Finance Party punctual performance by each Borrower other Security Party of all that BorrowerSecurity Party’s obligations under the Finance Documents; (b) 18.1.2 undertakes with each Finance Party that whenever a Borrower another Security Party 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 (c) 18.1.3 agrees with each Finance Party that if any obligation guaranteed by it is or becomes unenforceable, invalid or illegal, it will, as an independent and primary obligation, indemnify that Finance Party immediately on demand against any cost, loss or liability it incurs as a result of a Borrower Security Party not paying any amount which would, but for such unenforceability, invalidity or illegality, have been payable by it under any Finance Document on the date when it would have been due. The amount payable by a the Guarantor under this indemnity will not exceed the amount it would have had to pay under this Clause 17 18 if the amount claimed had been recoverable on the basis of a guarantee.

Appears in 1 contract

Sources: Secured Loan Agreement (HC2 Holdings, Inc.)

GUARANTEE AND INDEMNITY. 17.1 18.1 Guarantee and indemnity (a) guarantees to each Finance Party punctual performance by each Borrower of all that Borrower’s payment obligations under the Finance Documents; (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 (c) agrees with each Finance Party that if any obligation guaranteed by it is or becomes unenforceable, invalid or illegal, it will, as an independent and primary obligation, indemnify that Finance Party immediately on demand against any cost, loss or liability it incurs as a result of a Borrower not paying any amount which would, but for such unenforceability, invalidity or illegality, have been payable by it under any Finance Document on the date when it would have been due. The amount payable by a Guarantor under this indemnity will not exceed the amount it would have had to pay under this Clause 17 18 if the amount claimed had been recoverable on the basis of a guarantee.

Appears in 1 contract

Sources: Loan Agreement (Intercontinental Hotels Group PLC /New/)

GUARANTEE AND INDEMNITY. 17.1 18.1 Guarantee and indemnity (a) 18.1.1 guarantees to each Finance Party punctual performance by each Borrower other Obligor of all that BorrowerObligor’s obligations under the Finance Documents; (b) 18.1.2 undertakes with each Finance Party that whenever a Borrower another 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 (c) 18.1.3 agrees with each Finance Party that if any obligation guaranteed by it is or becomes unenforceable, invalid or illegal, it will, as an independent and primary obligation, indemnify that Finance Party immediately on demand against any cost, loss or liability it incurs as a result of a Borrower an Obligor not paying any amount which would, but for such unenforceability, invalidity or illegality, have been payable by it under any Finance Document on the date when it would have been due. The amount payable by a Guarantor under this indemnity will not exceed the amount it would have had to pay under this Clause 17 18 if the amount claimed had been recoverable on the basis of a guarantee.

Appears in 1 contract

Sources: Facilities Agreement

GUARANTEE AND INDEMNITY. 17.1 Guarantee Each Guarantor irrevocably and indemnityunconditionally: (a) guarantees to each Finance Party punctual performance by each the Borrower of all that the Borrower’s obligations under the Finance Documents; (b) 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 it shall immediately on demand pay that amount as if it was were the principal obligor; and (c) agrees with each Finance Party that if any obligation guaranteed by it is or becomes unenforceable, invalid or illegal, it will, as an independent and primary obligation, indemnify that Finance Party immediately on demand against any cost, loss or liability it incurs as a result of a the Borrower not paying any amount which would, but for such unenforceability, invalidity or illegality, have been payable by it under any Finance Document on the date when it would have been due. The amount payable by a Guarantor under this indemnity will not exceed the amount it would have had to pay under this Clause 17 (Guarantee and Indemnity) if the amount claimed had been recoverable on the basis of a guarantee.

Appears in 1 contract

Sources: Facility Agreement (Grindrod Shipping Holdings Pte. Ltd.)

GUARANTEE AND INDEMNITY. 17.1 Guarantee The Guarantor irrevocably and indemnity (a) unconditionally jointly and severally: guarantees to each Finance Party punctual performance by each the Borrower of all that the Borrower’s 's obligations under the Finance Documents; (b) ; 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 the Guarantor shall immediately on demand pay that amount as if it was the principal obligor; and (c) and agrees with each Finance Party that if any obligation guaranteed by it is or becomes unenforceable, invalid or illegal, it will, as an independent and primary obligation, indemnify that Finance Party immediately on demand against any cost, loss or liability it incurs as a result of a the Borrower not paying any amount which would, but for such unenforceability, invalidity or illegality, have been payable by it under any Finance Document on the date when it would have been due. The amount payable by a the Guarantor under this indemnity will not exceed the amount it would have had to pay under this Clause 17 if the amount claimed had been recoverable on the basis of a guarantee.

Appears in 1 contract

Sources: Facility Agreement

GUARANTEE AND INDEMNITY. 17.1 25.1 Guarantee and indemnity (a) guarantees to each Finance Party punctual performance by each Borrower other Obligor of all that BorrowerObligor’s obligations under the Finance Documents; (b) undertakes with each Finance Party that whenever a Borrower another 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 (c) agrees with each Finance Party that if any obligation guaranteed by it is or becomes unenforceable, invalid or illegal, it will, as an independent and primary obligation, indemnify that Finance Party immediately on demand against any cost, loss or liability it incurs as a result of a Borrower an Obligor not paying any amount which would, but for such unenforceability, invalidity or illegality, have been payable by it under any Finance Document on the date when it would have been due. The amount payable by a Guarantor under this indemnity will not exceed the amount it would have had to pay under this Clause 17 25 if the amount claimed had been recoverable on the basis of a guarantee.

Appears in 1 contract

Sources: Revolving Facilities Agreement (Manchester United Ltd.)

GUARANTEE AND INDEMNITY. 17.1 22.1 Guarantee and indemnity (a) guarantees to each Finance Party punctual performance by each Borrower other Obligor of all that BorrowerObligor’s obligations under the Finance Documents; (b) undertakes with each Finance Party that whenever a Borrower another 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 (c) agrees with each Finance Party that if any obligation guaranteed by it is or becomes unenforceable, invalid or illegal, it will, as an independent and primary obligation, indemnify that Finance Party immediately on demand against any cost, loss or liability it incurs as a result of a Borrower an Obligor not paying any amount which would, but for such unenforceability, invalidity or illegality, have been payable by it under any Finance Document on the date when it would have been due. The amount payable by a Guarantor under this indemnity will not exceed the amount it would have had to pay under this Clause 17 22 if the amount claimed had been recoverable on the basis of a guarantee.

Appears in 1 contract

Sources: Term and Revolving Facilities Agreement (ShangPharma Corp)

GUARANTEE AND INDEMNITY. 17.1 Guarantee and indemnity (a) guarantees to each Finance Party punctual performance by each Borrower of all that Borrower’s 's obligations under the Finance Documents; (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 (c) agrees with each Finance Party that if any obligation guaranteed by it is or becomes unenforceable, invalid or illegal, illegal it will, as an independent and primary obligation, indemnify that Finance Party immediately on demand against any cost, loss or liability it incurs as a result of a Borrower not paying any amount which would, but for such unenforceability, invalidity or illegality, have been payable by it under any Finance Document on the date when it would have been due. The amount payable by a Guarantor under this indemnity will not exceed the amount it would have had to pay under this Clause 17 if the amount claimed had been recoverable on the basis of a guarantee.

Appears in 1 contract

Sources: Bridge Facility Agreement

GUARANTEE AND INDEMNITY. 17.1 Guarantee and indemnity (a) guarantees to each Finance Party punctual performance by each Borrower of all that Borrower’s 's obligations under the Finance Documents; (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 (c) agrees with each Finance Party that if any obligation guaranteed by it is or becomes unenforceable, invalid or illegal, it will, as an independent and primary obligation, indemnify that Finance Party immediately on demand against any cost, loss or liability it incurs as a result of a Borrower not paying any amount which would, but for such unenforceability, invalidity or illegality, have been payable by it under any Finance Document on the date when it would have been due. The amount payable by a Guarantor under this indemnity will not exceed the amount it would have had to pay under this Clause 17 if the amount claimed had been recoverable on the basis of a guarantee.

Appears in 1 contract

Sources: Facility Agreement

GUARANTEE AND INDEMNITY. 17.1 Guarantee and indemnity (a) guarantees to each Finance Party punctual performance by each the Borrower of all that the Borrower’s 's obligations under the Finance Documents; (b) 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 (c) agrees with each Finance Party that if any obligation guaranteed by it is or becomes unenforceable, invalid or illegal, it will, as an independent and primary obligation, indemnify that Finance Party immediately on demand against any cost, loss or liability it incurs as a result of a the Borrower not paying any amount which would, but for such unenforceability, invalidity or illegality, have been payable by it under any Finance Document on the date when it would have been due. The amount payable by a Guarantor under this indemnity will not exceed the amount it would have had to pay under this Clause 17 if the amount claimed had been recoverable on the basis of a guarantee.

Appears in 1 contract

Sources: Bridge Facility Agreement

GUARANTEE AND INDEMNITY. 17.1 18.1 Guarantee and indemnity (a) guarantees to each Finance Party punctual performance by each Borrower of all that Borrower’s obligations under the Finance Documents; (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 (c) agrees with each Finance Party that if any obligation guaranteed by it is or becomes unenforceable, invalid or illegal, it will, as an independent and primary obligation, indemnify that Finance Party immediately on demand against any cost, loss or liability it incurs as a result of a Borrower not paying any amount which would, but for such unenforceability, invalidity or illegality, have been payable by it under any Finance Document on the date when it would have been due. The amount payable by a Guarantor under this indemnity will not exceed the amount it would have had to pay under this Clause 17 18 if the amount claimed had been recoverable on the basis of a guarantee.

Appears in 1 contract

Sources: Facility Agreement (Best Buy Co Inc)

GUARANTEE AND INDEMNITY. 17.1 21.1 Guarantee and indemnity (a) guarantees to each Finance Party punctual performance by each Borrower other Obligor of all that BorrowerObligor’s obligations under the Finance Documents; (b) undertakes with each Finance Party that whenever a Borrower another 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 (c) agrees with each Finance Party that if any obligation guaranteed by it is or becomes unenforceable, invalid or illegal, it will, as an independent and primary obligation, indemnify that Finance Party immediately on demand against any cost, loss or liability it incurs as a result of a Borrower an Obligor not paying any amount which would, but for such unenforceability, invalidity or illegality, have been payable by it under any Finance Document on the date when it would have been due. The amount payable by a Guarantor under this indemnity will not exceed the amount it would have had to pay under this Clause 17 21 if the amount claimed had been recoverable on the basis of a guarantee.

Appears in 1 contract

Sources: Loan Agreement (Melco Crown Entertainment LTD)

GUARANTEE AND INDEMNITY. 17.1 23.1 Guarantee and indemnity (a) guarantees to each Finance Party punctual performance by each Borrower other Obligor of all that BorrowerObligor’s obligations under the Finance Documents; (b) undertakes with each Finance Party that whenever a Borrower another 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 (c) agrees with each Finance Party that if any obligation guaranteed by it is or becomes unenforceable, invalid or illegal, it will, as an independent and primary obligation, indemnify that Finance Party immediately on demand against any cost, loss or liability it incurs as a result of a Borrower an Obligor not paying any amount which would, but for such unenforceability, invalidity or illegality, have been payable by it under any Finance Document on the date when it would have been due. The amount payable by a Guarantor under this indemnity will not exceed the amount it would have had to pay under this Clause 17 23 if the amount claimed had been recoverable on the basis of a guarantee.

Appears in 1 contract

Sources: Super Senior Revolving Facility Agreement (Orion Engineered Carbons S.a r.l.)

GUARANTEE AND INDEMNITY. 17.1 Guarantee Each Guarantor irrevocably and indemnityunconditionally: (a) guarantees to each Finance Party punctual performance by each the Borrower of all that the Borrower’s 's obligations under the Finance Documents; (b) 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 it shall immediately on demand pay that amount as if it was were the principal obligor; and (c) agrees with each Finance Party that if any obligation guaranteed by it is or becomes unenforceable, invalid or illegal, it will, as an independent and primary obligation, indemnify that Finance Party immediately on demand against any cost, loss or liability it incurs as a result of a the Borrower not paying any amount which would, but for such unenforceability, invalidity or illegality, have been payable by it under any Finance Document on the date when it would have been due. The amount payable by a Guarantor under this indemnity will not exceed the amount it would have had to pay under this Clause 17 (Guarantee and Indemnity) if the amount claimed had been recoverable on the basis of a guarantee.

Appears in 1 contract

Sources: Term Loan Facility (Grindrod Shipping Holdings Ltd.)

GUARANTEE AND INDEMNITY. 17.1 19.1 Guarantee and indemnity (a) 19.1.1 guarantees to each Finance Party punctual performance by each Borrower other Obligor of all that Borrower’s Obligor's obligations under the Finance Documents; (b) 19.1.2 undertakes with each Finance Party that whenever a Borrower an Obligor does not pay any amount when due or expressed to be 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 (c) 19.1.3 agrees with each Finance Party that if any obligation guaranteed by it is or becomes unenforceable, invalid or illegal, it will, as an independent and primary obligation, indemnify that Finance Party immediately on demand against any cost, loss or liability it incurs as a result of a Borrower an Obligor not paying any amount which would, but for such unenforceability, invalidity or illegality, have been payable by it under any Finance Document on the date when it would have been due. The amount payable by a Guarantor under this indemnity will not exceed the amount it would have had to pay under this Clause 17 19 (Guarantee and indemnity) if the amount claimed had been recoverable on the basis of a guarantee.

Appears in 1 contract

Sources: Borrowing Base Facility Agreement (Transglobe Energy Corp)

GUARANTEE AND INDEMNITY. 17.1 21.1 Guarantee and indemnity (a) 21.1.1 guarantees to each Finance Party punctual performance by each Borrower other Obligor of all that BorrowerObligor’s obligations under the Finance Documents; (b) 21.1.2 undertakes with each Finance Party that whenever a Borrower another 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 (c) 21.1.3 agrees with each Finance Party that if any obligation guaranteed by it is or becomes unenforceable, invalid or illegal, it will, as an independent and primary obligation, indemnify that Finance Party immediately on demand against any cost, loss or liability it incurs as a result of a Borrower an Obligor not paying any amount which would, but for such unenforceability, invalidity or illegality, have been payable by it under any Finance Document on the date when it would have been due. The amount payable by a Guarantor under this indemnity will not exceed the amount it would have had to pay under this Clause 17 21 if the amount claimed had been recoverable on the basis of a guarantee.

Appears in 1 contract

Sources: Multicurrency Facility Agreement (Gulfmark Offshore Inc)