In the event that Borrower wishes to receive that loan Progress lower than an engagement Contract not listed on
Number payable by the Debtor beneath the indemnity established within 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 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, Most other Fees).
(c) Borrower hereby agrees to indemnify Bank getting, and hold it harmless against, an entire amount of Low-Omitted Taxes or other Taxation, as well as the complete number of Fees of any kind implemented by the one jurisdiction on the quantity payable by the Debtor less than so it Point dos.11 enforced toward or paid down by the such as for example Financial and you can people accountability (and penalties, additions to help you tax, attention and you will costs) arising therefrom otherwise relating thereto. The fresh new indemnity because of the Borrower delivered to within elitecashadvance.com payday loans with savings account direct lender Area 2.11 should pertain and become produced whether the Low-Excluded Fees or any other Taxation wherein indemnification hereunder try sought had been truthfully or legitimately asserted. 11(c) should be paid down contained in this ten (10) days regarding go out about what Lender makes composed request therefor.
On approval on paper of the Lender of these extra Contribution Contract while the qualified, and submitting out-of a good UCC-step three amendment adding the fresh new Involvement Agreement
(d) In place of bias towards survival of every most other agreement of your own Debtor hereunder, new preparations and financial obligation of Borrower in this Part 2.eleven will survive the conclusion which Agreement and also the other Financing Data. Little found in Section 2.ten or this Point dos.11 should wanted any Bank to make available any one of its tax statements or other advice which deems become private 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.
Every funds received because of the fresh new Contribution Certificates will likely be transferred throughout the appropriate Devoted Account. Through to the latest Termination Go out and also the percentage of the many quantity due because of the Debtor hereunder, a cost comparable to the quantity with the put regarding Faithful Accounts because of the fresh new Involvement Licenses will likely be remitted of the Lender so you can Debtor.
Section 2.15 Even more Contribution Arrangements. Schedule 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 dos shall be automatically updated to include each additional Participation Agreement identified thereon.
(a) With regards to one Repledge Collateral that’s sworn from the Debtor hereunder, Borrower enjoys very first pledged instance Repledge Guarantee beneath the Shelter Agreement.
(b) Borrower and you may Financial for each and every hereby agrees and you will understands one their legal rights hereunder have been in the respects at the mercy of and under to (i) CSFB’s rights under the CSFB Mortgage Arrangement and you can Security Agreement and you will (ii) CSFB’s shelter interest in brand new Repledge Collateral and you can legal rights underneath the Defense Contract.
Section 3.01 Debtor 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.
