Number payable by Borrower within the indemnity established 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 Taxes).

(c) Debtor hereby believes to help you indemnify Lender getting, and also to wait harmless up against, a complete quantity of Low-Omitted Taxation or other Fees, therefore the complete number of Taxation of any sort implemented because of the any jurisdiction into numbers payable by the Borrower around it Point dos.eleven imposed towards otherwise paid down by like Bank and you can one liability (plus punishment, enhancements to help you taxation, interest and you will expenses) occurring therefrom otherwise relating thereto cash advance loan Homewood. The new indemnity by Borrower taken to within this Part 2.eleven shall apply and start to become made if the Low-Omitted Fees and other Taxes where indemnification hereunder are sought for was in fact correctly otherwise legitimately asserted. 11(c) is paid off within this ten (10) months throughout the date on which Financial can make authored consult therefor.

Up on approval written down by Financial of these even more Contribution Arrangement since qualified, and you can submitting off a great UCC-step three amendment including the newest Involvement Agreement

(d) In the place of bias with the survival of any almost every other agreement of Debtor hereunder, the latest plans and you may loans of your own Debtor within this Section 2.11 should survive the termination of it Agreement as well as the other Financing Documents. Absolutely nothing contained in Area 2.10 otherwise that it Point dos.eleven will need any Financial to offer any kind of their taxation statements and other pointers so it deems becoming confidential 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.

The finance gotten on account of the newest Involvement Certificates will be placed from the applicable Loyal Membership. Up on the Termination Big date and also the percentage of all of the wide variety owed because of the Debtor hereunder, an expense comparable to extent with the put on the Faithful Accounts because of this new Participation Certificates is remitted by Financial to Debtor.

Section 2.15 Most Participation Preparations. 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. Plan dos shall be automatically updated to include each additional Participation Agreement identified thereon.

(a) In terms of one Repledge Security that’s pledged because of the Borrower hereunder, Debtor possess very first bound including Repledge Collateral underneath the Security Contract.

(b) Borrower and you can Lender for every single hereby believes and you can understands you to definitely its rights hereunder have every areas at the mercy of and you will subordinate so you’re able to (i) CSFB’s legal rights beneath the CSFB Mortgage Arrangement and you can Safeguards Arrangement and you can (ii) CSFB’s defense demand for the fresh Repledge Guarantee and you may rights within the Safeguards Contract.

Section 3.01 Borrower 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.