Wide variety payable by Borrower according to the indemnity established within Section 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 agrees in order to indemnify Bank to own, also to hold it simple facing, an entire amount of Low-Excluded Taxes or other Fees, and complete quantity of Fees of any sort implemented of the one jurisdiction to your number payable by Borrower around which Area dos.eleven enforced into the or paid down because of the such as for instance Bank and you will any responsibility (plus penalties, improvements so you’re able to income tax, desire and you can expenditures) arising therefrom otherwise in respect thereto. The newest indemnity because of the Debtor sent to within this Area dos.11 should apply and start to become produced if the Low-Omitted Taxation or any other Taxation in which indemnification hereunder try desired was precisely or legitimately asserted. 11(c) would be repaid contained in this 10 (10) days regarding the date on what Bank can make written consult therefor.
Upon acceptance in writing by Financial of these additional Contribution Arrangement because the qualified, and you can filing off good UCC-step 3 amendment including the Contribution Agreement
(d) Instead of prejudice to your http://www.paydayloanalabama.com/eldridge/ endurance of every most other contract of your own Borrower hereunder, brand new preparations and you may personal debt of your own Debtor inside Point dos.11 shall endure the end of which Agreement together with other Loan Records. Little found in Point dos.ten otherwise which Part dos.eleven shall want any Bank to make available any of their taxation statements or other pointers this deems getting confidential or proprietary.
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 money received due to the new Participation Licenses will likely be placed throughout the relevant Loyal Membership. On this new Cancellation Date additionally the percentage of all the quantity due from the Borrower hereunder, a price comparable to the total amount into the deposit about Devoted Profile due to the brand new Participation Certificates are remitted by the Financial in order to Borrower.
Section 2.15 Additional Contribution Plans. 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. Agenda 2 shall be automatically updated to include each additional Participation Agreement identified thereon.
(a) With regards to people Repledge Equity which is bound of the Debtor hereunder, Borrower has basic sworn for example Repledge Equity in Protection Contract.
(b) Borrower and Lender for each hereby agrees and you may acknowledges that the liberties hereunder have been in all the areas subject to and you can subordinate so you’re able to (i) CSFB’s legal rights according to the CSFB Loan Agreement and Safeguards Contract and you will (ii) CSFB’s security need for the Repledge Collateral and you may liberties underneath the Security Contract.
Section 3.01 Borrower 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.