Wide variety payable from the Borrower beneath the indemnity set forth contained in this Area dos
(b) In addition, Borrower hereby agrees to pay any loans Hanover AL 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 Taxes).
(c) Borrower hereby agrees so you can indemnify Bank to possess, also to hold on a minute innocuous up against, a complete amount of Low-Excluded Taxation and other Taxation, additionally the complete level of Fees of any sort enforced from the people legislation towards quantity payable by Borrower below it Area dos.11 implemented into or reduced because of the such as for example Bank and any liability (including penalties, additions so you can income tax, appeal and you can expenses) occurring therefrom otherwise relating thereto. New indemnity of the Borrower taken to contained in this Section dos.eleven should apply and get generated perhaps the Low-Excluded Fees and other Fees whereby indemnification hereunder try found was indeed correctly or lawfully asserted. 11(c) shall be repaid contained in this 10 (10) weeks about go out on what Bank makes authored request therefor.
Upon approval written down of the Financial of these most Involvement Agreement while the eligible, and you may filing from a beneficial UCC-step three amendment including the Involvement Agreement
(d) As opposed to bias towards the endurance of any other agreement of your Debtor hereunder, new agreements and you can personal debt of Borrower contained in this Part 2.eleven should endure the end of it Agreement and also the other Loan Records. Nothing present in Area dos.10 or which Point 2.11 will want people Financial to offer some of their taxation statements and other guidance which deems become 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.
The finance received on account of brand new Involvement Certificates shall be deposited on the relevant Faithful Membership. On the newest Cancellation Day and also the payment of all of the wide variety due by the Debtor hereunder, an amount equal to the total amount with the put in the Devoted Profile because of the Involvement Certificates is remitted from the Financial to help you Debtor.
Section 2.15 Most Participation Agreements. 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. Plan 2 shall be automatically updated to include each additional Participation Agreement identified thereon.
(a) Regarding one Repledge Security that is pledged because of the Debtor hereunder, Borrower has very first pledged including Repledge Guarantee under the Safeguards Contract.
(b) Debtor and Lender for every single hereby agrees and you will acknowledges one their legal rights hereunder have all the respects subject to and you will subordinate in order to (i) CSFB’s liberties according to the CSFB Financing Contract and you can Cover Arrangement and you can (ii) CSFB’s coverage need for the fresh new Repledge Collateral and you will liberties in Security Contract.
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.
