If Borrower wants to see a loan Get better lower than an involvement Agreement perhaps not listed on

Amounts payable because of the Borrower within the indemnity established contained in this Area 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, Almost every other Taxation).

(c) Borrower hereby believes so you can indemnify Financial to own, and to hold it simple up against, a full amount of Non-Excluded Taxes or any other Fees, and the full amount of Taxation of any kind enforced of the any legislation towards number payable of the Borrower not as much as which Part dos.11 enforced towards or paid down by for example Financial and one accountability (and punishment, improvements to income tax, focus and expenditures) arising therefrom or relating thereto. The fresh new indemnity of the Debtor sent to in this Point dos.11 will implement and become made whether the Low-Excluded Taxation or other Taxation for which indemnification hereunder was looked for have been correctly or legally asserted. 11(c) will likely be reduced contained in this 10 (10) days regarding time on what Bank makes composed consult therefor.

Upon approval in writing from the Financial of such extra Contribution Arrangement because the qualified, and submitting regarding an excellent UCC-step 3 amendment incorporating brand new Involvement Arrangement

(d) Without bias for the endurance of any almost every other agreement of your own Debtor hereunder, brand new plans and you may personal debt of one’s Borrower within Area 2.eleven shall survive the conclusion this Agreement as well as the most other Loan Data. Absolutely nothing found in Area dos.ten or that it Part dos.eleven should require any Bank to make available any of their tax returns or any other information it deems are 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 the fund received because of the brand new Involvement Licenses can be placed from the appropriate Devoted Membership. Up on the new Cancellation Day and commission of the many numbers due by the Borrower hereunder, a price equal to the amount into put about Devoted Account because of the fresh Participation Certificates will likely be remitted by Financial so you can Borrower.

Section 2.15 More Contribution Agreements. Schedule 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. Agenda dos shall be automatically updated to include each additional Participation Agreement identified thereon.

(a) When it comes to one Repledge Equity that’s bound from the Borrower hereunder, Borrower features very first sworn particularly Repledge Collateral within the Cover Contract.

(b) Debtor and Financial for every single hereby believes and you can recognizes one to their liberties hereunder come in americash loans Cordova all of the areas subject to and under to (i) CSFB’s liberties underneath the CSFB Mortgage Agreement and you will Protection Agreement and you can (ii) CSFB’s cover interest in this new Repledge Guarantee and you will liberties according to the Security Contract.

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.