Wide variety payable of the Debtor in indemnity established within this Point 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 Taxes).
(c) Borrower hereby agrees so you’re able to indemnify Bank getting, in order to hold on a minute harmless up against, the full number of Non-Omitted Taxation and other Fees, and also the complete level of Taxes of any sort implemented by the any jurisdiction toward number payable because of the Borrower below it Point dos.eleven enforced with the or repaid by particularly Lender and you can one liability (and additionally punishment, additions in order to income tax, desire and you can expenditures) arising therefrom otherwise in accordance thereto. The fresh indemnity of the Borrower sent to within this Part dos.eleven should apply and stay generated whether or not the Non-Excluded Taxes or other Taxes which indemnification hereunder are sought for was basically precisely otherwise lawfully asserted. 11(c) are paid back within this 10 (10) months from the time about what Bank can make composed consult therefor.
Upon approval written down by the Bank of such extra Involvement Contract since eligible, and filing out of a beneficial UCC-step three amendment including new Participation Contract
(d) Without bias on the survival of any other contract of Borrower hereunder, the fresh new arrangements and you may personal debt of your Debtor in this Part 2.eleven should survive the termination of it Contract and almost every other Loan Documents. Nothing within Part 2.ten or it Point 2.11 should wanted people Lender to offer any kind of their tax returns and other advice that it deems getting confidential otherwise 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.
The fund obtained on account of the newest Contribution Permits is going to be transferred regarding relevant Dedicated Account. Abreast of brand new Termination Big date plus the payment of the many numbers owed of the Borrower hereunder, an expense equal to the amount towards the deposit from the Dedicated Accounts because of the brand new Contribution Certificates will likely be remitted by Bank so you can Borrower.
Section 2.15 Extra Involvement Agreements. Agenda 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. Plan 2 shall be automatically updated to include each additional Participation Agreement identified thereon.
(a) With respect to one Repledge Security that’s pledged of the Borrower hereunder, Borrower have first sworn instance Repledge Guarantee beneath the Protection Agreement.
(b) Debtor and you will Bank for each and every hereby believes and you can understands you to definitely its liberties hereunder come in most of the areas at the mercy of and under in order to (i) CSFB’s loans Ozark legal rights under the CSFB Financing Contract and Safety Contract and you can (ii) CSFB’s defense interest in brand new Repledge Guarantee and you may legal rights under the Safety Agreement.
Section 3.01 Borrower 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.
