Quantity payable by Debtor within the indemnity established within 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, Most other Taxation).

(c) Debtor hereby agrees in order to indemnify Financial to own, and also to wait harmless against, a complete number of Low-Omitted Fees or other Taxation, additionally the complete level of Taxes of any sort implemented from the any legislation with the numbers payable by Borrower significantly less than that it Section 2.11 enforced toward or paid down of the eg Financial and you can people liability (including penalties, enhancements so you can taxation, notice and expenditures) occurring therefrom or in accordance thereto. Brand new indemnity by Borrower taken to contained in this Point 2.eleven should use and get generated if the Low-Excluded Fees and other Taxation by which indemnification hereunder payday loan Ray is needed had been correctly otherwise lawfully asserted. 11(c) is paid back in this ten (10) weeks on the day about what Bank tends to make written request therefor.

Upon recognition in writing of the Bank of these a lot more Contribution Agreement since eligible, and you can submitting out-of a good UCC-step three modification incorporating the Contribution Arrangement

(d) As opposed to prejudice towards success of every almost every other agreement of one’s Borrower hereunder, the new preparations and you will financial obligation of Borrower within this Section dos.eleven shall endure the end of it Agreement and also the almost every other Loan Files. Nothing found in Part 2.ten or which Part 2.eleven will wanted one Lender to make available any one of their tax statements or other advice this deems to be private 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 loans obtained because of the fresh Participation Certificates would be deposited from the relevant Faithful Account. Up on brand new Cancellation Go out therefore the payment of all the number owed by the Borrower hereunder, an amount equal to the quantity on put on the Dedicated Account due to the Participation Permits can be remitted of the Bank in order to Borrower.

Section 2.15 More Involvement Plans. Plan 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) In terms of people Repledge Guarantee that is bound by the Debtor hereunder, Debtor has actually basic sworn such as for example Repledge Collateral according to the Cover Agreement.

(b) Borrower and you will Bank for each hereby agrees and you will acknowledges one their legal rights hereunder can be found in all the areas at the mercy of and you will using so you’re able to (i) CSFB’s liberties in CSFB Financing Arrangement and you may Defense Agreement and you will (ii) CSFB’s protection need for this new Repledge Guarantee and you will legal rights within the Security Contract.

Section 3.01 Debtor 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.