Amounts payable by Borrower within the indemnity set forth within this Part dos
(b) In addition, Borrower hereby agrees to pay any present or future stamp, recording, documentary, excise, property or value-added taxes, or similar taxes, charges or levies that arise from any payment made under or in respect of this Agreement or any other Loan Document or from the execution https://paydayloanalabama.com/lester/, delivery or registration of, any performance under, or otherwise with respect to, this Agreement or any other Loan Document (collectively, Most other Taxes).
(c) Borrower hereby agrees to indemnify Bank to own, and to hold it innocuous up against, the full level of Low-Excluded Fees or other Taxes, and also the complete quantity of Taxation of any sort enforced from the one jurisdiction toward number payable from the Borrower lower than that it Part dos.eleven enforced on or repaid by the particularly Financial and you will people liability (and additionally charges, improvements to help you taxation, focus and you can expenditures) developing therefrom or relating thereto. New indemnity of the Borrower taken to inside Point 2.11 shall implement and start to become generated whether the Non-Excluded Taxation and other Fees by which indemnification hereunder is desired was in fact precisely or lawfully asserted. 11(c) might be paid back in this ten (10) weeks about big date about what Financial helps make authored consult therefor.
On acceptance on paper because of the Financial of these additional Contribution Agreement because qualified, and you can submitting from a UCC-step 3 amendment adding brand new Participation Arrangement
(d) Instead prejudice towards success of every almost every other contract of Debtor hereunder, the fresh arrangements and you will debt of the Borrower inside Point 2.11 shall survive the end of this Contract and the other Financing Documents. Little within Part 2.ten or that it Point dos.11 shall wanted any Bank to make available any of their taxation statements or any other information that it deems become confidential otherwise proprietary.
Section 2.12 Indemnity. Without limiting, and in addition to, the provisions of Section , the Borrower agrees to indemnify the Lender and to hold the Lender harmless from any loss or expense that the Lender may sustain or incur as a consequence of (i) a default by the Borrower in payment when due of the principal amount of or interest on the Loan or (ii) a default by the Borrower in making any prepayment after the Borrower has given a notice thereof in accordance with Section 2.03.
All of the fund gotten due to the latest Participation Licenses should be deposited on the applicable Dedicated Membership. Upon new Termination Time therefore the commission of all of the wide variety due because of the Debtor hereunder, an amount equal to the quantity to the deposit regarding the Faithful Account because of the Involvement Licenses are remitted by the Lender to Debtor.
Section 2.15 More Participation Arrangements. Agenda dos hereto, Borrower shall deliver a written request for approval of such Participation Agreement to Lender for Lender’s approval, which may be withheld in Lender’s sole discretion. Agenda 2 shall be automatically updated to include each additional Participation Agreement identified thereon.
(a) Regarding one Repledge Security which is pledged by the Borrower hereunder, Debtor keeps earliest bound eg Repledge Collateral under the Safety Contract.
(b) Debtor and you can Financial for each and every hereby believes and you may understands one to its liberties hereunder have every respects subject to and you may subordinate to help you (i) CSFB’s liberties beneath the CSFB Loan Contract and you may Safeguards Contract and (ii) CSFB’s safety demand for the brand new Repledge Security and you may rights according to the Defense Arrangement.
Section 3.01 Borrower Lives. Borrower has been duly organized and is validly existing as a limited liability company in good standing under the laws of the State of Delaware.
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