When the Borrower wishes to see financing Improve less than an engagement Agreement perhaps not listed on Leave a comment

Quantity payable because of the Borrower according to the indemnity set forth contained in 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, Most other Taxes).

(c) Borrower hereby agrees so you can indemnify Financial having, and wait innocuous against, an entire level of Non-Omitted Taxes or any other Fees, and the complete number of Fees of any sort imposed from the any jurisdiction into numbers payable of the Debtor below which Part dos.eleven imposed to your or paid by like Lender and you will any responsibility (including penalties, improvements so you’re able to tax, appeal and costs) developing therefrom otherwise relating thereto. The fresh new indemnity by Debtor provided for in this Section 2.11 shall apply and get made whether or not the Non-Excluded Fees or any other Taxation in which indemnification hereunder was desired have been truthfully otherwise legally asserted. 11(c) will likely be reduced within ten (10) days about date on what Financial produces composed consult therefor.

Upon recognition in writing by Financial of such a lot more Contribution Contract once the qualified, and filing away from a beneficial UCC-step 3 amendment adding the new Contribution Contract

(d) As opposed to bias towards survival of every other agreement of your own Debtor hereunder, new plans and loans of the Borrower contained in this Section 2.eleven shall endure the termination of that it Contract while the almost every other Loan Records. Little present in Part 2.10 otherwise which Point 2.eleven shall wanted one Bank to make available any of its tax returns or any other pointers this 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 this page 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.

All finance received because of this new Participation Certificates is going to be deposited throughout the relevant Loyal Account. Up on the Termination Day and also the payment of all of the quantity owed from the Borrower hereunder, an amount equal to the quantity for the deposit on the Faithful Profile because of this new Contribution Certificates are remitted by the Bank so you’re able to Borrower.

Section 2.15 Extra Contribution Preparations. Schedule 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) Regarding one Repledge Security that’s bound because of the Debtor hereunder, Debtor possess basic bound eg Repledge Collateral in Coverage Agreement.

(b) Borrower and you can Bank for every hereby agrees and you can recognizes you to definitely its liberties hereunder have been in most of the respects at the mercy of and you may using to (i) CSFB’s legal rights beneath the CSFB Loan Arrangement and you can Defense Arrangement and you can (ii) CSFB’s shelter demand for the Repledge Security and you can legal rights beneath the Safeguards 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.