When the Debtor wants to get that loan Advance lower than an engagement Agreement maybe not noted on

Wide variety payable by the Debtor under the indemnity set forth within Section 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) Borrower hereby believes so you’re able to indemnify Bank getting, and also to hold on a minute harmless against, a complete amount of Non-Omitted Taxes or any other Taxation, plus the full number of Taxes of any sort imposed because of the people legislation towards the wide variety payable of the Debtor around which Part 2.eleven imposed on the otherwise repaid by particularly Bank and you can any responsibility (in addition to charges, improvements to help you taxation, focus and you can costs) arising therefrom or in accordance thereto. The fresh indemnity from the Debtor sent to contained in this Area 2.11 shall implement and get made whether the Non-Excluded Taxes or other Fees where indemnification hereunder are looked for was in fact truthfully or legally asserted. 11(c) shall be paid within this 10 (10) months on the go out on which Bank renders composed consult therefor.

Up on recognition in writing from the Bank of such even more Contribution Arrangement because eligible, and you will submitting out of a great UCC-3 amendment incorporating the latest Contribution Arrangement

(d) Rather than bias toward success of every other arrangement of your Debtor hereunder, the plans and you may personal debt of Debtor contained in this Area dos.11 should endure the conclusion that it Agreement in addition to other Mortgage Records. Little contained in Area dos.10 or that it Area 2.11 shall require one Financial to offer any one of its tax statements or other guidance 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.

Most of the loans gotten due to this new Contribution Permits is going to be transferred regarding the relevant Faithful Membership. On brand new Termination Day and percentage of the many number due of the Debtor hereunder, an expense comparable to extent for the deposit regarding the Dedicated Accounts because of the brand new Involvement Permits is remitted of the Financial so you’re able to Debtor.

Section 2.15 Additional Contribution 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. Plan dos shall be automatically updated to include each additional Participation Agreement identified https://paydayloanalabama.com/robertsdale/ thereon.

(a) When it comes to any Repledge Collateral that is pledged by Debtor hereunder, Borrower has actually very first sworn such as for example Repledge Equity beneath the Protection Agreement.

(b) Debtor and you can Lender each hereby agrees and you may recognizes one to their legal rights hereunder are in most of the areas at the mercy of and you will subordinate so you’re able to (i) CSFB’s legal rights in CSFB Financing Arrangement and you will Coverage Agreement and you will (ii) CSFB’s security interest in the fresh Repledge Equity and you can rights beneath the Security Arrangement.

Section 3.01 Debtor Lifetime. 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.

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