If Borrower would like to see a loan Improve significantly less than an involvement Agreement perhaps not listed on

Amounts payable by Debtor within the indemnity set forth in this Part 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 https://paydayloanalabama.com/hackneyville/ 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) Borrower hereby believes so you’re able to indemnify Lender to own, and to hold it harmless against, an entire number of Low-Excluded Fees and other Taxation, additionally the complete quantity of Taxation of any kind imposed of the one legislation into the amounts payable by Debtor significantly less than which Area 2.eleven enforced towards or paid off from the for example Financial and you will any responsibility (and additionally charges, additions so you can income tax, attention and you will expenditures) occurring therefrom otherwise in respect thereto. The indemnity by Debtor taken to within this Area 2.11 shall use and be generated perhaps the Low-Excluded Taxation or any other Taxes wherein indemnification hereunder is desired was in fact correctly or legitimately asserted. 11(c) will likely be paid contained in this 10 (10) months on go out about what Financial renders authored demand therefor.

Abreast of acceptance written down because of the Lender of such more Contribution Contract since the eligible, and you can submitting out-of a beneficial UCC-step 3 modification including the brand new Involvement Arrangement

(d) In the place of prejudice on success of any other arrangement of your own Borrower hereunder, the newest arrangements and you may financial obligation of one’s Debtor contained in this Point 2.eleven will endure the end of which Arrangement additionally the most other Mortgage Data files. Nothing present in Section 2.10 otherwise it Section 2.11 will wanted any Bank to offer any of the taxation statements and 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.

Most of the funds received due to the fresh Contribution Certificates will likely be placed from the applicable Dedicated Account. Up on this new Termination Time together with fee of the many numbers due from the Borrower hereunder, a price equal to the quantity into the put on Dedicated Accounts on account of brand new Contribution Licenses are remitted of the Lender so you’re able to Debtor.

Section 2.15 Even more Contribution 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 dos shall be automatically updated to include each additional Participation Agreement identified thereon.

(a) When it comes to people Repledge Security that is pledged by the Borrower hereunder, Debtor features very first bound such as for example Repledge Security beneath the Security Agreement.

(b) Debtor and you may Lender per hereby agrees and you will recognizes one their legal rights hereunder are in every respects at the mercy of and subordinate so you can (i) CSFB’s rights under the CSFB Loan Agreement and you will Coverage Agreement and (ii) CSFB’s cover need for the fresh Repledge Collateral and you may legal rights beneath the Safety 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.