Wide variety payable of the Debtor beneath the indemnity established within 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 Taxation).
(c) Borrower hereby agrees to indemnify Financial appropriate link to possess, and also to hold it simple facing, the full amount of Low-Omitted Taxation or other Taxes, while the full level of Taxation of any sort enforced of the one legislation with the numbers payable from the Debtor around it Part dos.11 enforced on the or paid down because of the like Lender and you can one responsibility (also penalties, enhancements in order to tax, attention and you can expenses) developing therefrom otherwise with respect thereto. This new indemnity because of the Borrower taken to contained in this Point 2.eleven should pertain and get produced if the Non-Omitted Taxes or any other Taxation in which indemnification hereunder is sought for have been precisely or lawfully asserted. 11(c) is reduced within this ten (10) months throughout the big date on what Financial helps make authored request therefor.
Up on approval on paper by the Financial of such most Involvement Contract since eligible, and you will filing of an excellent UCC-step three modification adding the brand new Contribution Contract
(d) As opposed to prejudice towards the survival of every most other contract of your own Borrower hereunder, the fresh new plans and you can obligations of the Debtor within this Section 2.eleven will survive the conclusion it Arrangement together with most other Loan Documents. Nothing within Point 2.10 or which Area 2.11 should need one Lender to offer any of the tax returns or other pointers this deems becoming 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 funds gotten because of this new Involvement Certificates will be deposited regarding relevant Devoted Account. Abreast of this new Termination Day therefore the commission of the many quantity owed from the Borrower hereunder, a cost equal to the total amount on the deposit regarding Loyal Account due to new Participation Permits is going to be remitted because of the Bank to help you Borrower.
Section 2.15 Most Contribution Agreements. 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. Agenda dos shall be automatically updated to include each additional Participation Agreement identified thereon.
(a) With regards to one Repledge Guarantee that is pledged by the Debtor hereunder, Borrower provides first bound for example Repledge Guarantee within the Coverage Contract.
(b) Borrower and you may Bank for each hereby believes and you can acknowledges that their liberties hereunder are located in all of the respects susceptible to and you will using so you can (i) CSFB’s legal rights in CSFB Loan Agreement and you may Safeguards Arrangement and you can (ii) CSFB’s cover interest in the new Repledge Guarantee and liberties within the Security Agreement.
Section 3.01 Debtor Life. 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.