Quantity payable because of the Borrower underneath the indemnity established in this 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, Other Fees).
(c) Borrower hereby agrees to help you indemnify Bank to own, and hold it harmless against, an entire number of Non-Excluded Fees or any other Taxes, in addition to complete number of Taxes of any kind imposed by the any jurisdiction on wide variety payable by the Borrower not as much as this Section 2.11 imposed to the or paid off of the like Financial and you may one responsibility (together with charges, additions in order to income tax, appeal and you will costs) occurring therefrom or in respect thereto. Brand new indemnity by the Borrower taken to inside Part dos.eleven shall apply and get generated if the Non-Excluded Taxation and other Taxation where indemnification hereunder try wanted had been correctly otherwise legally asserted. 11(c) is paid off within 10 (10) weeks on the day on what Lender makes authored request therefor.
Up on acceptance written down by Bank of these a lot more Contribution Agreement just like the eligible, and you will submitting of a good UCC-step three modification adding the Participation Agreement
(d) Without bias with the success of every almost every other agreement of one’s Borrower hereunder, brand new plans and you may loans of your own Debtor within Point dos.eleven shall survive the conclusion this Contract and also the almost every other Financing Records. Little contained in Section dos.ten or it Area dos.eleven shall need one Lender to offer any kind of its tax statements and other pointers so 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.
All of the finance received because of the Participation Certificates will likely be deposited from the applicable Dedicated Account. Up on this new Cancellation Day and payment of the many number due because of the Borrower hereunder, a cost equal to the quantity to the put regarding the Dedicated Accounts on account of this new Involvement Certificates shall be remitted because of the Bank to help you Borrower.
Section 2.15 Most Involvement Plans. 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. Agenda 2 shall be automatically updated to include each additional Participation Agreement identified thereon.
(a) When it comes to any Repledge Security that is sworn by the Debtor hereunder, Borrower keeps earliest bound such Repledge Collateral in Shelter Arrangement.
(b) Borrower and you may Lender for every hereby believes and you may recognizes that its legal rights hereunder have all the areas subject to and you may using to help you (i) CSFB’s liberties according to the CSFB Mortgage Agreement and you will Security Agreement and you can (ii) CSFB’s cover demand for the Repledge Security and you can legal rights within the Safeguards Arrangement Citronelle bank loan.
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.