Wide variety payable of the Borrower underneath the indemnity set forth inside Point 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, Other Taxation).
(c) Borrower hereby agrees to indemnify Lender having, in order to hold it innocuous against, a full quantity of Non-Omitted Taxation or any other Taxes, therefore the complete number of Taxation of any sort implemented because of the people legislation toward numbers payable by Debtor below that it Section dos.eleven enforced to your or repaid because of the including Financial and you may any responsibility (in addition to charges, enhancements to help you income tax, attention and you can expenses) arising therefrom otherwise with respect thereto. The fresh new indemnity by the Debtor taken to in this Area 2.eleven will apply and get generated whether or not the Non-Excluded Taxes or any other Taxes by which indemnification hereunder is desired was truthfully or legitimately asserted. 11(c) would be paid off contained in this 10 (10) months on date on which Lender helps make written demand therefor.
Abreast of acceptance written down because of the Bank of such a lot more Contribution Agreement since the eligible, and you may filing off a good UCC-3 modification incorporating the brand new Involvement Agreement
(d) Rather than prejudice into the success of every almost every other arrangement of your own Borrower hereunder, brand new plans and loans of your Borrower within Point dos.eleven shall endure the conclusion so it Contract as well as the other Financing Documents. Nothing present in Point 2.10 or that it Section dos.11 shall want one Bank to offer some of the tax statements or any other information that it deems getting 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.
Every funds gotten due to the latest Involvement Permits is going to be placed regarding the appropriate Loyal Membership. Up on the fresh new Termination Big date and the fee of all wide variety owed from the Debtor hereunder, a cost comparable to the quantity towards the deposit regarding the Dedicated Profile because of the Contribution Permits would be remitted from the Financial to Debtor.
Section 2.15 More Involvement 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 2 shall be automatically updated to include each additional Participation Agreement identified thereon.
(a) In terms of any Repledge Collateral that is pledged by the Borrower hereunder, Debtor features very first pledged instance Repledge Equity within the Protection Arrangement.
(b) Borrower and you will Bank per hereby agrees and you can recognizes you to definitely its liberties hereunder are located in every respects at the mercy of and under to help you (i) CSFB’s liberties according to the CSFB Mortgage Agreement and you may company site Protection Contract and you may (ii) CSFB’s security demand for the fresh new Repledge Collateral and you can legal rights underneath the Cover Arrangement.
Section 3.01 Borrower Existence. 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.
