Amounts payable by the Debtor in indemnity set forth within Part 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 Fees).

(c) Borrower hereby believes so you can indemnify Lender to possess, and to hold it harmless up against, a complete level of Low-Excluded Taxes or any other Fees, and the complete amount of Taxation of any kind enforced of the people jurisdiction toward amounts payable of the Debtor around this Area dos.eleven enforced to the or paid off by the instance Bank and you can one responsibility (including penalties, improvements to help you tax, appeal and you will costs) arising therefrom or in accordance thereto. The latest indemnity of the Borrower taken to inside Area dos.11 will pertain and start to become made whether the Low-Excluded Fees and other Fees wherein indemnification hereunder was desired was correctly or legally asserted. 11(c) will likely be repaid inside ten (10) months about day on what Financial makes written consult therefor.

Up on approval on paper by the Lender of these most Contribution Contract because qualified, and filing of a UCC-step three amendment incorporating the newest Involvement Agreement

(d) Versus bias towards the endurance of any most other arrangement of your own Borrower hereunder, the newest preparations and you can loans of your own Debtor within this Point 2.eleven should survive the termination of which Arrangement in addition to almost every other Financing Documents. Little present in Point 2.10 otherwise so it Section dos.11 shall wanted any Bank to offer any of its taxation statements or any other recommendations so it deems becoming 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.

All finance gotten because of the fresh new Participation Permits is going to be deposited on the applicable Loyal Account. Abreast of the new Cancellation Big date in addition to fee of all numbers owed because of the Debtor hereunder, a price equal to the amount on the deposit about Faithful Membership because of brand new Involvement Permits is going to be remitted because of the Financial so you can Debtor.

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

(a) With regards to any Repledge Guarantee that is sworn by Borrower hereunder, Borrower keeps earliest sworn such as Repledge Security underneath the Protection Agreement.

(b) Debtor and you will Lender each hereby agrees and americash loans Alexander City you may recognizes one the rights hereunder are in every respects subject to and you may subordinate so you can (i) CSFB’s liberties in CSFB Mortgage Arrangement and Safeguards Contract and you may (ii) CSFB’s cover need for the fresh new Repledge Collateral and legal rights underneath the Safety Agreement.

Section 3.01 Borrower Existence. 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.