Common use of Guarantor as principal debtor; indemnity Clause in Contracts

Guarantor as principal debtor; indemnity. As a separate and independent stipulation, the Guarantor agrees that if any purported obligation or liability of the Borrowers or either of them which would have been the subject of this Guarantee had it been valid and enforceable is not or ceases to be valid or enforceable against the Borrowers or either of them on any ground whatsoever whether or not known to the Security Agent or the Secured Creditors or any of them (including, without limitation, any irregular exercise or absence of any corporate power or lack of authority of, or breach of duty by, any person purporting to act on behalf of the Borrowers or either of them or any legal or other limitation, whether under the Limitation Acts or otherwise or any disability or Incapacity or any change in the constitution of the Borrowers or either of them) the Guarantor shall nevertheless be liable to the Security Agent in respect of that purported obligation or liability as if the same were fully valid and enforceable and the Guarantor were the principal debtor in respect thereof. The Guarantor hereby agrees to keep the Security Agent fully indemnified on demand against all damages, losses, costs and expenses arising from any failure of the Borrowers or either of them to perform or discharge any such purported obligation or liability.

Appears in 2 contracts

Samples: Agreement (Quintana Shipping Ltd.), Master Swap Agreement (Quintana Shipping Ltd.)

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Guarantor as principal debtor; indemnity. As a separate and independent stipulation, the Guarantor agrees that if any purported obligation or liability of the Borrowers or either of them Borrower which would have been the subject of this Guarantee had it been valid and enforceable is not or ceases to be valid or enforceable against the Borrowers or either of them Borrower on any ground whatsoever whether or not known to the Security Agent or the Secured Creditors or any of them Bank (including, without limitation, any irregular exercise or absence of any corporate power or lack of authority of, or breach of duty by, any person purporting to act on behalf of the Borrowers or either of them Borrower or any legal or other limitation, whether under the Limitation Acts or otherwise or any disability or Incapacity or any change in the constitution of the Borrowers or either of themBorrower) the Guarantor shall nevertheless be liable to the Security Agent Bank in respect of that purported obligation or liability as if the same were fully valid and enforceable and the Guarantor were the principal debtor in respect thereof. The Guarantor hereby agrees to keep the Security Agent Bank fully indemnified on demand against all damages, losses, costs and expenses arising from any failure of the Borrowers or either of them Borrower to perform or discharge any such purported obligation or liability.

Appears in 1 contract

Samples: Loan Agreement (Safe Bulkers, Inc.)

Guarantor as principal debtor; indemnity. As a separate and independent stipulation, the Guarantor agrees that if any purported obligation or liability of the Borrowers or either of them which would have been the subject of this Guarantee had it been valid and enforceable is not or ceases to be valid or enforceable against the Borrowers or either of them on any ground whatsoever whether or not known to the Security Agent or and/or the Secured Creditors or any of them (including, without limitation, any irregular exercise or absence of any corporate power or lack of authority of, or breach of duty by, any person purporting to act on behalf of the Borrowers or either of them or any legal or other limitation, whether under the Limitation Acts or otherwise or any disability or Incapacity or any change in the constitution of the Borrowers or either of themBorrowers) the Guarantor shall nevertheless be liable to the Security Agent in respect of that purported obligation or liability as if the same were fully valid and enforceable and the Guarantor were the principal debtor in respect thereof. The Guarantor hereby agrees to keep the Security Agent fully indemnified on demand against all damages, losses, costs and expenses arising from any failure of the Borrowers or either of them to perform or discharge any such purported obligation or liability.

Appears in 1 contract

Samples: Supplemental Agreement (Diana Shipping Inc.)

Guarantor as principal debtor; indemnity. As a separate and independent stipulation, the Guarantor agrees that if any purported obligation or liability of the Borrowers or either of them which would have been the subject of this Guarantee had it been valid and enforceable is not or ceases to be valid or enforceable against the Borrowers or either of them on any ground whatsoever whether or not known to the Security Agent or the Secured Creditors or any of them Bank (including, without limitation, any irregular exercise or absence of any corporate power or lack of authority of, or breach of duty by, any person purporting to act on behalf of the Borrowers or either of them or any legal or other limitation, whether under the Limitation Acts or otherwise or any disability or Incapacity or any change in the constitution of the Borrowers or either of them) the Guarantor shall nevertheless be liable to the Security Agent Bank in respect of that purported obligation or liability as if the same were fully valid and enforceable and the Guarantor were the principal debtor in respect thereof. The Guarantor hereby agrees to keep the Security Agent Bank fully indemnified on demand against all damages, losses, costs and expenses arising from any failure of the Borrowers or either of them to perform or discharge any such purported obligation or liability.

Appears in 1 contract

Samples: Second Supplemental Agreement (Aegean Marine Petroleum Network Inc.)

Guarantor as principal debtor; indemnity. As a separate and independent stipulation, the Guarantor agrees that if any purported obligation or liability of the Borrowers or either of them Borrower which would have been the subject of this Guarantee had it been valid and enforceable is not or ceases to be valid or enforceable against the Borrowers or either of them Borrower on any ground whatsoever whether or not known to the Security Agent or and/or the Secured Creditors or any of them (including, without limitation, any irregular exercise or absence of any corporate power or lack of authority of, or breach of duty by, any person purporting to act on behalf of the Borrowers or either of them Borrower or any legal or other limitation, whether under the Limitation Acts or otherwise or any disability or Incapacity or any change in the constitution of the Borrowers or either of themBorrower) the Guarantor shall nevertheless be liable to the Security Agent in respect of that purported obligation or liability as if the same were fully valid and enforceable and the Guarantor were the principal debtor in respect thereof. The Guarantor hereby agrees to keep the Security Agent fully indemnified on demand against all damages, losses, costs and expenses arising from any failure of the Borrowers or either of them Borrower to perform or discharge any such purported obligation or liability.

Appears in 1 contract

Samples: Loan Agreement (DryShips Inc.)

Guarantor as principal debtor; indemnity. As a separate and independent stipulation, the Guarantor agrees that if any purported obligation or liability of the Borrowers or either of them Borrower which would have been the subject of this Guarantee had it been valid and enforceable is not or ceases to be valid or enforceable against the Borrowers or either of them Borrower on any ground whatsoever whether or not known to the Security Agent or the Secured Creditors or any of them Bank (including, without limitation, any irregular exercise or absence of any corporate power or lack of authority of, or breach of duty by, any person purporting to act on behalf of the Borrowers or either of them Borrower or any legal or other limitation, whether under the Limitation Acts or otherwise or any disability or Incapacity or any change in the constitution of the Borrowers or either of themBorrower) the Guarantor shall nevertheless be liable to the Security Agent Bank in respect of that purported obligation or liability as if the same were fully valid and enforceable and the Guarantor were was the principal debtor in respect thereof. , The Guarantor hereby agrees to keep the Security Agent Bank fully indemnified on demand against all damages, losses, costs and expenses arising from any failure of the Borrowers or either of them Borrower to perform or discharge any such purported obligation or liability.

Appears in 1 contract

Samples: Supplemental Agreement (Aegean Marine Petroleum Network Inc.)

Guarantor as principal debtor; indemnity. As a separate and independent stipulation, the each Guarantor agrees that if any purported obligation or liability of the Borrowers or either of them which would have been the subject of this Guarantee had it been valid and enforceable is not or ceases to be valid or enforceable against the Borrowers or either of them on any ground whatsoever whether or not known to the Security Agent or and/or the Secured Creditors Finance Parties or any of them (including, without limitation, any irregular exercise or absence of any corporate power or lack of authority of, or breach of duty by, any person purporting to act on behalf of the Borrowers or either of them or any legal or other limitation, whether under the Limitation Acts or otherwise or any disability or Incapacity or any change in the constitution of the Borrowers or either of themBorrowers) the that Guarantor shall nevertheless be liable to the Security Agent in respect of that purported obligation or liability as if the same were fully valid and enforceable and the that Guarantor were the principal debtor in respect thereof. The Each Guarantor hereby agrees to keep the Security Agent fully indemnified on demand against all damages, losses, costs and expenses arising from any failure of the Borrowers or either of them to perform or discharge any such purported obligation or liability.

Appears in 1 contract

Samples: Credit Agreement (DryShips Inc.)

Guarantor as principal debtor; indemnity. As a separate and independent stipulation, stipulation the Guarantor agrees Guarantors jointly and severally agree that if any purported obligation or liability of any member of the Borrowers or either of them Group which would have been the subject of this Guarantee had it been valid and enforceable is not or ceases to be valid or enforceable against such member of the Borrowers or either of them Group on any ground whatsoever whether or not known to the Security Agent or the Secured Creditors Finance Parties or any of them (including, without limitation, any irregular exercise or absence of any corporate power or lack of authority of, or breach of duty by, any person purporting to act on behalf of such member of the Borrowers or either of them Group or any legal or other limitation, whether under the Limitation Acts or otherwise or any disability or Incapacity or of any change in the constitution of such member of the Borrowers or either of themGroup) the Guarantor Guarantors shall nevertheless be jointly and severally liable to the Security Agent in respect of that purported obligation or liability as if the same were fully valid and enforceable and the such Guarantor were was the principal debtor in respect thereof. The Guarantor Guarantors hereby agrees to keep the Security Agent fully indemnified irrevocably and unconditionally jointly and severally agree on demand to indemnify and keep indemnified the Finance Parties against all damages, losses, costs and expenses any loss or liability arising from any failure of the Borrowers or either of them Borrower to perform or discharge any such purported obligation or liabilityliability or from any invalidity or unenforceability of any of the same against any member of the Group.

Appears in 1 contract

Samples: Facilities Agreement (Hungarian Telephone & Cable Corp)

Guarantor as principal debtor; indemnity. As a separate and independent stipulation, the Guarantor agrees that if any purported obligation or liability of the Borrowers or either any of them which would have been the subject of this Guarantee had it been valid and enforceable is not or ceases to be valid or enforceable against the Borrowers or either any of them on any ground whatsoever whether or not known to the Security Agent or and/or the Secured Creditors or any of them (including, without limitation, any irregular exercise or absence of any corporate power or lack of authority of, or breach of duty by, any person purporting to act on behalf of the Borrowers or either any of them or any legal or other limitation, whether under the Limitation Acts or otherwise or any disability or Incapacity or any change in the constitution of the Borrowers or either any of them) the Guarantor shall nevertheless be liable to the Security Agent in respect of that purported obligation or liability as if the same were fully valid and enforceable and the Guarantor were the principal debtor in respect thereof. The Guarantor hereby agrees to keep the Security Agent fully indemnified on demand against all damages, losses, costs and expenses arising from any failure of the Borrowers or either any of them to perform or discharge any such purported obligation or liability.

Appears in 1 contract

Samples: Loan Agreement (Poseidon Containers Holdings Corp.)

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Guarantor as principal debtor; indemnity. As a separate and independent stipulation, the Guarantor agrees that if any purported obligation or liability of the Borrowers or either any of them which would have been the subject of this Guarantee had it been valid and enforceable is not or ceases to be valid or enforceable against the Borrowers or either any of them on any ground whatsoever whether or not known to the Security Agent or the Secured Creditors or any of them (including, without limitation, any irregular exercise or absence of any corporate power or lack of authority of, or breach of duty by, any person purporting to act on behalf of the Borrowers or either any of them or any legal or other limitation, whether under the Limitation Acts or otherwise or any disability or Incapacity or any change in the constitution of the Borrowers or either any of them) the Guarantor shall nevertheless be liable to the Security Agent in respect of that purported obligation or liability as if the same were fully valid and enforceable and the Guarantor were the principal debtor in respect thereof. The Guarantor hereby agrees to keep the Security Agent fully indemnified on demand against all damages, losses, costs and expenses arising from any failure of the Borrowers or either any of them to perform or discharge any such purported obligation or liability.

Appears in 1 contract

Samples: Loan Agreement (Quintana Shipping Ltd.)

Guarantor as principal debtor; indemnity. As a separate and independent stipulation, the Guarantor agrees that if any purported obligation or liability of the Borrowers or either of them Borrower which would have been the subject of this Guarantee had it been valid and enforceable is not or ceases to be valid or enforceable against the Borrowers or either of them Borrower on any ground whatsoever whether or not known to the Security Agent or the Secured Creditors or any of them Bank (including, without limitation, any irregular exercise or absence of any corporate power or lack of authority of, or breach of duty by, any person purporting to act on behalf of the Borrowers or either of them Borrower or any legal or other limitation, whether under the Limitation Acts or otherwise or any disability or Incapacity or any change in the constitution of the Borrowers or either of themBorrower) the Guarantor shall nevertheless be liable to the Security Agent Bank in respect of that purported obligation or liability as if the same were fully valid and enforceable and the Guarantor were was the principal debtor in respect thereof. The Guarantor hereby agrees to keep the Security Agent Bank fully indemnified on demand against all damages, losses, costs and expenses arising from any failure of the Borrowers or either of them Borrower to perform or discharge any such purported obligation or liability.

Appears in 1 contract

Samples: Loan Agreement (Globus Maritime LTD)

Guarantor as principal debtor; indemnity. As a separate and independent stipulation, the Guarantor agrees that if any purported obligation or liability of the Borrowers or either of them which would have been the subject of this Guarantee had it been valid and enforceable is not or ceases to be valid or enforceable against the Borrowers or either of them on any ground whatsoever whether or not known to the Security Agent or the Secured Creditors or any of them Bank (including, without limitation, any irregular exercise or absence of any corporate power or lack of authority of, or breach of duty by, any person purporting to act on behalf of the Borrowers or either of them or any legal or other limitation, whether under the Limitation Acts or otherwise or any disability or Incapacity or any change in the constitution of the Borrowers or either of them) the Guarantor shall nevertheless be liable to the Security Agent Bank in respect of that purported obligation or liability as if the same were fully valid and enforceable and the Guarantor were was the principal debtor in respect thereof. The Guarantor hereby agrees to keep the Security Agent Bank fully indemnified on demand against all damages, losses, costs and expenses arising from any failure of the Borrowers or either of them to perform or discharge any such purported obligation or liability.

Appears in 1 contract

Samples: Second Supplemental Agreement (Aegean Marine Petroleum Network Inc.)

Guarantor as principal debtor; indemnity. As a separate and independent stipulation, the each Guarantor agrees that if any purported obligation or liability of the Borrowers or either of them which would have been the subject of this Guarantee had it been valid and enforceable is not or ceases to be valid or enforceable against the Borrowers or either of them on any ground whatsoever whether or not known to the Security Agent or the Secured Creditors Finance Parties or any of them (including, without limitation, any irregular exercise or absence of any corporate power or lack of authority of, or breach of duty by, any person purporting to act on behalf of the Borrowers or either of them or any legal or other limitation, whether under the Limitation Acts Act or otherwise or any disability or Incapacity or any change in the constitution of the Borrowers or either of themBorrowers) the that Guarantor shall nevertheless be liable to the Security Agent each Finance Parties in respect of that purported obligation or liability as if the same were fully valid and enforceable and the that Guarantor were the principal debtor in respect thereof. The Each Guarantor hereby agrees to keep the Security Agent each Finance Party fully indemnified on demand against all damages, losses, costs and expenses arising from any failure of the Borrowers or either of them to perform or discharge any such purported obligation or liability.

Appears in 1 contract

Samples: Agreement (Paragon Shipping Inc.)

Guarantor as principal debtor; indemnity. As a separate and independent stipulation, the Guarantor agrees that if any purported obligation or liability of the Borrowers or either any of them which would have been the subject of this Guarantee had it been valid and enforceable is not or ceases to be valid or enforceable against the Borrowers or either any of them on any ground whatsoever whether or not known to the Security Agent or the Secured Creditors Mortgagees or any of them (including, without limitation, any irregular exercise or absence of any corporate power or lack of authority of, or breach of duty by, any person purporting to act on behalf of the Borrowers or either any of them or any legal or other limitation, whether under the Limitation Acts or otherwise or any disability or Incapacity or any change in the constitution of the Borrowers or either of themBorrowers) the Guarantor shall nevertheless be liable to the Security Agent Mortgagees in respect of that purported obligation or liability as if the same were fully valid and enforceable and the Guarantor were the principal debtor in respect thereof. The Guarantor hereby agrees to keep the Security Agent Mortgagees fully indemnified on demand against all damages, losses, costs and expenses arising from any failure of the Borrowers or either any of them to perform or discharge any such purported obligation or liability.

Appears in 1 contract

Samples: Agreement (Aegean Marine Petroleum Network Inc.)

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