Number payable by the Borrower under the indemnity established contained in this Area 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, Other Taxation).
(c) Debtor hereby agrees so you’re able to indemnify Financial for, and to wait innocuous against, the full number of Non-Excluded Taxation or any other Taxation, together with full amount of Taxation of any kind implemented by one jurisdiction towards the amounts payable by the Debtor under that it Part 2.eleven enforced for the otherwise repaid by for example Lender and you may one accountability (and charges, enhancements to taxation, interest and expenditures) occurring therefrom otherwise with respect thereto. The newest indemnity from the Debtor delivered to within this Area dos.eleven will pertain and start to become produced perhaps the Non-Omitted Taxes and other Fees for which indemnification hereunder is needed was basically correctly otherwise lawfully asserted. 11(c) should be paid back inside 10 (10) months about date about what Lender can make composed consult therefor.
Upon acceptance written down because of the Bank of Fyffe AL payday loans these a lot more Involvement Arrangement as the qualified, and filing out of a UCC-3 modification adding the latest Contribution Contract
(d) In the place of prejudice on emergency of every most other arrangement of Debtor hereunder, the latest plans and debt of Borrower contained in this Point dos.eleven shall endure the end of this Contract additionally the almost every other Mortgage Documents. Nothing present in Section 2.10 or this Point 2.11 should want people Lender to offer some of their tax statements and other guidance it deems to-be private 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.
Most of the fund received due to the brand new Involvement Certificates is deposited on appropriate Faithful Account. Abreast of brand new Termination Day together with fee of all amounts owed by the Borrower hereunder, an expense equivalent to extent toward deposit in the Loyal Account on account of the newest Contribution Certificates will be remitted from the Financial to help you Debtor.
Section 2.15 Extra Contribution Agreements. 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. Plan 2 shall be automatically updated to include each additional Participation Agreement identified thereon.
(a) With respect to one Repledge Equity that’s bound from the Debtor hereunder, Borrower has actually very first bound such as Repledge Collateral under the Safety Contract.
(b) Debtor and Lender for each and every hereby believes and you can understands one its liberties hereunder can be found in all the areas susceptible to and you may subordinate to (i) CSFB’s rights in CSFB Financing Agreement and you can Shelter Contract and you may (ii) CSFB’s defense need for the latest Repledge Guarantee and you may rights in Protection Contract.
Section 3.01 Borrower Life. 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.
