Quantity payable by the Debtor within the indemnity established in this Point 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) Debtor hereby agrees to indemnify Bank for, and hold on a minute harmless facing, a full level of Low-Excluded Taxes or other Taxes, while the full quantity of Fees of any kind enforced by any legislation to your wide variety payable by Borrower less than it Section 2.eleven imposed towards the otherwise paid by the including Lender and any accountability (also charges, enhancements in order to taxation loans in Marbury, appeal and you will expenses) developing therefrom or in respect thereto. The brand new indemnity by Debtor delivered to contained in this Point dos.eleven shall incorporate and become produced perhaps the Non-Excluded Taxes and other Taxes whereby indemnification hereunder is actually looked for was in fact precisely or legitimately asserted. 11(c) are going to be paid off within this 10 (10) months on big date on which Lender helps make created consult therefor.
Abreast of acceptance on paper because of the Financial of such a lot more Contribution Agreement just like the qualified, and you can submitting of an excellent UCC-3 amendment adding the fresh Involvement Arrangement
(d) As opposed to prejudice toward emergency of any almost every other agreement of one’s Borrower hereunder, the fresh plans and personal debt of your own Borrower in this Section 2.11 should endure the conclusion which Arrangement and the most other Loan Data. Little contained in Area 2.ten or this Part 2.eleven shall require one Lender to make available some of its tax returns or other pointers it deems to-be confidential 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 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 loans acquired because of the brand new Contribution Licenses can be deposited regarding the appropriate Loyal Account. Upon the Termination Go out plus the percentage of all of the number due by the Borrower hereunder, a cost equal to the total amount for the deposit about Loyal Account because of the Contribution Permits might be remitted by Lender to help you Borrower.
Section 2.15 Most Involvement Arrangements. 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) When it comes to one Repledge Equity that is pledged by the Debtor hereunder, Debtor keeps very first bound instance Repledge Collateral under the Defense Agreement.
(b) Borrower and you may Bank each hereby agrees and you will acknowledges one the rights hereunder have been in all of the areas subject to and using so you can (i) CSFB’s rights in CSFB Loan Agreement and you may Safety Contract and you will (ii) CSFB’s protection need for the new Repledge Equity and rights under the Safety 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.