Number payable from the Debtor beneath the indemnity established inside Section 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, Almost every other Fees).
(c) Debtor hereby believes so you can indemnify Financial for, and hold on a minute harmless facing, a full number of Low-Omitted Taxation or other Taxation, and full amount of Fees of any sort imposed from the any legislation for the quantity payable from the Debtor not as much as this Part dos.eleven enforced to the or reduced from the such as for example Financial and you will one responsibility (including punishment, improvements in order to tax, notice and you will costs) developing therefrom or in respect thereto. This new indemnity by the Debtor sent to in this Area dos.11 should use and start to become produced whether or not the Non-Excluded Fees or any other Fees in which indemnification hereunder are looked for was in fact accurately otherwise legally asserted. 11(c) are going to be reduced within this 10 (10) months about date on which Financial renders authored consult therefor.
Through to approval on paper from the Lender of these more Contribution Contract because the eligible, and submitting off an excellent UCC-step three modification adding brand new Contribution Contract
(d) Rather than bias into emergency of any other agreement of your own Debtor hereunder, the preparations and you can loans of your Borrower within Section 2.eleven shall endure the end of so it Arrangement plus the other Financing Data files. Little found in Part 2.ten otherwise so it Point 2.11 will need people Bank to offer any of their tax statements and other information that it deems to get confidential or 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.
Every loans received on account of the brand new Participation Permits are placed about applicable Faithful Account. Up on new Termination Go out therefore the percentage of all of the wide variety owed of the Borrower hereunder, a cost comparable to the total amount into deposit regarding Dedicated Profile due to the new Involvement Certificates are going to be remitted by Financial so you’re able to Debtor.
Section 2.15 Extra Involvement Arrangements. Plan 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) With respect to one Repledge Security that’s bound by Debtor hereunder, Debtor provides earliest bound for example Repledge Equity according to the Safety Agreement.
(b) Borrower and you may Financial each hereby believes and understands that the liberties hereunder can be found in the respects at the mercy of and you will under to (i) CSFB’s rights in CSFB Financing Agreement and you may Safeguards Arrangement and you will (ii) CSFB’s safeguards need for the Repledge Guarantee and you will rights according to the Cover Contract.
Section 3.01 Borrower Lifetime. 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.