Number payable by the Borrower in indemnity established 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, Almost every other Taxes).
(c) Debtor hereby agrees to indemnify Lender for, and wait simple against, the full amount of Non-Excluded Taxation or other Taxes, while the full level of Taxation of any kind implemented because of the any legislation into the amounts payable by the Borrower around it Area dos.eleven enforced on or paid by for example Bank and you can people liability (including charges, enhancements to help you taxation, appeal and you will expenses) occurring therefrom or in respect thereto. The fresh indemnity of the Debtor taken to contained in this Point dos.eleven shall use and get made whether or not the Non-Excluded Taxation or other Taxation where indemnification hereunder try desired was in fact correctly otherwise legitimately asserted. 11(c) can be paid off within 10 (10) months throughout the time about what Financial makes written demand therefor.
On recognition on paper of the Financial of these additional Contribution Arrangement because the eligible, and you can processing away from good UCC-step three modification including the fresh new Involvement Agreement
(d) As opposed to prejudice toward success of every other arrangement of your Borrower hereunder, new plans and you will personal debt of the Debtor contained in this Part 2.11 will endure the end of so it Agreement while the almost every other Loan Files. Nothing contained in Part 2.10 or it Part 2.eleven should want people Financial to make available some of the taxation statements or any other pointers which deems are 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.
Most of the financing obtained because of new Involvement Certificates might be transferred on the appropriate Loyal Account. On the new Cancellation Go out as well as the fee of all amounts due of the Debtor hereunder, a cost equivalent to extent towards deposit regarding the Loyal Profile because of the new Involvement Certificates will likely be remitted by Financial so you can Debtor.
Section 2.15 Most Participation 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 https://paydayloanalabama.com/moody/ include each additional Participation Agreement identified thereon.
(a) When it comes to people Repledge Collateral that is pledged by the Debtor hereunder, Borrower have very first bound like Repledge Security beneath the Protection Contract.
(b) Debtor and you will Lender for every single hereby believes and you can understands one their legal rights hereunder are located in most of the respects subject to and you will using to help you (i) CSFB’s liberties underneath the CSFB Mortgage Agreement and you may Protection Arrangement and you can (ii) CSFB’s coverage interest in this new Repledge Equity and you will liberties beneath the Cover Arrangement.
Section 3.01 Debtor 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.