Quantity payable by Borrower according to the indemnity set forth in this Area 2
(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, Almost every other Taxes).
(c) Debtor hereby believes so you’re able to indemnify Lender to own, in order to hold on a minute harmless facing, an entire number of Low-Excluded Taxes or any other Fees, as well as the complete level of Taxes payday loan Mccalla heights of any sort implemented because of the one jurisdiction on quantity payable by Borrower below this Area 2.11 implemented on the or paid back by including Financial and you may people accountability (and punishment, improvements so you can taxation, appeal and costs) arising therefrom otherwise relating thereto. Brand new indemnity from the Debtor sent to inside Part dos.eleven shall apply and stay generated perhaps the Non-Excluded Fees and other Taxes which indemnification hereunder is actually sought was indeed accurately otherwise legitimately asserted. 11(c) are going to be paid off within this 10 (10) months in the date on what Bank renders composed request therefor.
Abreast of recognition written down by Bank of these more Contribution Arrangement since qualified, and you will filing from good UCC-step 3 amendment adding the new Participation Agreement
(d) Instead of prejudice towards emergency of every other contract of the Debtor hereunder, the latest preparations and you may personal debt of the Borrower within this Part 2.eleven shall survive the termination of that it Agreement together with other Loan Documents. Little within Point 2.ten otherwise that it Part dos.11 will need one Lender to offer any kind of its taxation statements and other recommendations it deems to be private otherwise 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 Borrower in making any prepayment after the Borrower has given a notice thereof in accordance with Section 2.03.
All of the finance received on account of the brand new Contribution Permits might be deposited on applicable Devoted Account. Abreast of the fresh Cancellation Time and the percentage of all of the number due by Debtor hereunder, a cost equivalent to the quantity toward put in the Devoted Membership due to new Contribution Certificates is going to be remitted because of the Bank so you can Debtor.
Section 2.15 Even more Contribution Preparations. Plan 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. Schedule dos shall be automatically updated to include each additional Participation Agreement identified thereon.
(a) When it comes to one Repledge Guarantee that’s sworn by the Debtor hereunder, Borrower have very first sworn such Repledge Security in Coverage Agreement.
(b) Borrower and you will Bank for each hereby agrees and you will recognizes you to definitely the legal rights hereunder have all of the areas subject to and using in order to (i) CSFB’s rights beneath the CSFB Loan Arrangement and you may Defense Arrangement and (ii) CSFB’s safety interest in brand new Repledge Collateral and liberties underneath the Protection Contract.
Section 3.01 Debtor Lifetime. 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.
