Amounts payable because of the Borrower within the indemnity established within this 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, Almost every other Taxes).
(c) Borrower hereby believes so you can indemnify Lender for, and hold on a minute innocuous up against, the full quantity of Non-Excluded Fees or any other Taxation, additionally the full quantity of Taxation of any kind implemented of the one jurisdiction into wide variety payable because of the Borrower around that it Point 2.11 implemented on or paid from the for example Financial and you can people liability (also penalties, additions in order to tax, interest and you may expenditures) arising therefrom or in respect thereto. New indemnity by Debtor delivered to inside Point 2.11 will pertain and be produced whether the Low-Omitted Fees or other Taxation for which indemnification hereunder was desired was indeed accurately or legitimately asserted. 11(c) shall be repaid within this ten (10) weeks about time about what Bank makes written demand therefor.
Abreast of recognition on paper because of the Bank of such additional Contribution Contract because the eligible, and you will submitting away from a UCC-step three amendment including the Participation Arrangement
(d) Instead prejudice with the endurance of every most other arrangement of one’s Debtor hereunder, the new plans and you may debt of Debtor within this Part 2.11 shall survive the end of it Agreement together with almost every other Financing Documents. Nothing within Part dos.10 or which Part 2.11 will wanted any Lender to make available any of their tax statements or other suggestions which deems to be private otherwise 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.
The finance gotten on account of the latest Participation Licenses are going to be deposited on the applicable Devoted Membership. Through to the brand new Cancellation Date while the percentage of all of the amounts owed of the Debtor hereunder, a cost equal to the amount into the deposit on Loyal Account because of the brand new Involvement Licenses might be remitted by Bank to help you Borrower.
Section 2.15 A lot more Participation Plans. Agenda 2 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 one Repledge Guarantee that is bound from the Debtor hereunder, Borrower has earliest bound such as Repledge Collateral within the Security Arrangement.
(b) Debtor and you can Financial for each hereby believes and you can understands one to its rights hereunder are located in all of the areas susceptible to and subordinate so you can (i) CSFB’s rights underneath the CSFB Loan Agreement and you may Security Arrangement and you may (ii) CSFB’s security need for new Repledge Guarantee and you can legal rights according to the Shelter Agreement.
Section 3.01 Debtor Life. Borrower has been duly organized and is validly existing loans for bad credit Alabama Fairfield AL as a limited liability company in good standing under the laws of the State of Delaware.