Amounts payable because of the Borrower in indemnity set forth inside Area 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 Taxes).
(c) Borrower hereby believes so you’re able to indemnify Financial to own, in order to hold it innocuous up against, an entire amount of Non-Excluded Taxation or other Taxation, as well as the complete amount of Fees of any sort imposed because of the one legislation into quantity payable of the Borrower lower than so it Part dos.eleven imposed into or repaid of the such as for example Bank and you may any accountability (plus punishment, additions to taxation, desire and you may costs) arising therefrom otherwise relating thereto. The new indemnity because of the Debtor sent to contained in this Area dos.11 should use and stay generated whether the Non-Omitted Taxation and other Fees by which indemnification hereunder is actually sought was in fact accurately otherwise legally asserted. 11(c) are paid off within 10 (10) months on go out on which Financial can make created demand therefor.
Up on acceptance on paper by the Financial of these most Involvement Arrangement as the qualified, and submitting of a great UCC-3 modification adding the newest Involvement Agreement
(d) In the place of prejudice into the success of any most other contract of your Borrower hereunder, the newest arrangements and you will personal debt of Borrower contained in this Section dos.eleven shall endure the conclusion which Agreement while the most other Loan Data. Little found in Area dos.ten or that it Point 2.eleven will want one Financial to make available any kind of the taxation statements or other information which deems to get confidential or proprietary.
Section 2.12 loans Camp Hill AL 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 the financing gotten due to the fresh Involvement Certificates is going to be deposited regarding the relevant Devoted Membership. Abreast of new Termination Go out together with payment of all amounts due from the Debtor hereunder, an amount equivalent to extent on deposit regarding Dedicated Accounts due to the Contribution Licenses is remitted from the Lender to Debtor.
Section 2.15 More Contribution Preparations. 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) With regards to people Repledge Security which is bound from the Borrower hereunder, Borrower keeps earliest bound such Repledge Collateral under the Coverage Contract.
(b) Borrower and you will Bank for every hereby agrees and recognizes you to its legal rights hereunder come into all respects at the mercy of and you can using to help you (i) CSFB’s legal rights beneath the CSFB Mortgage Arrangement and you can Safety Contract and you will (ii) CSFB’s safeguards demand for the new Repledge Equity and you may rights within the Defense Agreement.
Section 3.01 Borrower Life. 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.