ENGNumbers payable of the Debtor under the indemnity set forth contained in this Point 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, delivery or registration of, any performance under, or otherwise with respect to, this Agreement or any other Loan Document (collectively, Other Fees).
(c) Borrower hereby believes so you can indemnify Financial having, and also to wait simple facing, the full quantity of Non-Omitted Fees and other Taxes, plus the full level of Fees of any sort enforced of the people jurisdiction towards the quantity payable because of the Borrower less than that it Point 2.eleven implemented to your or paid off by the such as for example Bank and you may people accountability (together with penalties, additions so you can tax, interest and you may expenses) occurring therefrom otherwise with respect thereto. New indemnity of the Borrower taken to contained in this Section dos.11 will pertain and be produced if the Low-Omitted Taxation or any other Taxes by which indemnification hereunder try tried have been correctly or legitimately asserted. 11(c) are repaid within this ten (10) months regarding date about what Lender can make composed request therefor.
Up on acceptance written down of the Financial of such even more Participation Contract given that qualified, and you will filing from an excellent UCC-step three modification incorporating the brand new Involvement Contract
(d) Instead of prejudice toward survival of every most other contract of your Debtor hereunder, the new plans and you can loans of one’s Borrower within Area 2.eleven should endure the conclusion this Arrangement in addition to almost every other Loan Data. Absolutely nothing present in Area dos.ten or this Section dos.11 will want people Lender to make available any one of its tax returns or any other advice it deems to get confidential or exclusive.
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 https://paydayloanalabama.com/lineville/ Borrower in making any prepayment after the Borrower has given a notice thereof in accordance with Section 2.03.
The loans gotten on account of the brand new Involvement Permits is placed regarding the appropriate Devoted Membership. Upon the fresh new Cancellation Date and percentage of all of the wide variety due by Debtor hereunder, a cost equivalent to the total amount to your deposit about Devoted Account due to the new Contribution Licenses are going to be remitted by Financial in order to Debtor.
Section 2.15 Extra Involvement Agreements. Schedule 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. Plan dos shall be automatically updated to include each additional Participation Agreement identified thereon.
(a) In terms of any Repledge Collateral that is pledged from the Borrower hereunder, Debtor have earliest sworn such as for example Repledge Guarantee underneath the Safety Contract.
(b) Debtor and you may Bank for every hereby believes and you can understands you to definitely their liberties hereunder can be found in all of the areas at the mercy of and you will under to (i) CSFB’s rights underneath the CSFB Mortgage Contract and you will Safety Contract and (ii) CSFB’s defense need for the Repledge Guarantee and you can liberties within the Protection Arrangement.
Section 3.01 Borrower Lifestyle. 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.
