Quantity payable because of the Borrower within the indemnity set forth inside 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) Debtor hereby agrees to indemnify Bank to possess, and to wait innocuous facing, an entire level of Non-Omitted Fees or any other Taxes, additionally the full level of Fees of any kind implemented because of the one legislation towards numbers payable because of the Borrower around that it Part 2.eleven enforced on otherwise reduced from the for example Bank and you will people liability (together with penalties, improvements so you’re able to tax, interest and you can expenditures) occurring therefrom or with respect thereto. The new indemnity by the Debtor sent to contained in this Part dos.eleven should implement and get made whether or not the Non-Omitted Fees and other Taxation where indemnification hereunder is actually needed had been correctly otherwise legitimately asserted. 11(c) will be reduced within this ten (10) days about big date about what Bank tends to make composed consult therefor.
On recognition written down by the Lender of these more Contribution Contract given that qualified, and you will submitting out of an excellent UCC-step three modification including the new Participation Agreement
(d) As opposed to bias on emergency of every most other contract of Borrower hereunder, this new preparations and financial obligation of the Borrower within Section dos.eleven will endure the conclusion it Contract together with almost every other Financing Data files. Nothing present in Part dos.ten otherwise it Point 2.eleven should wanted one Bank to make available any of its taxation statements and other information it deems to be 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 gotten due to brand new Contribution Licenses is going to be deposited regarding relevant Loyal Membership. Through to brand new Cancellation Day additionally the payment of all of the quantity owed of the Debtor hereunder, a cost comparable to the quantity toward deposit from the Loyal Profile on account of the fresh new Contribution Licenses should be remitted because of the Financial to help you Debtor.
Section 2.15 Extra Involvement Preparations. Agenda 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 2 shall be automatically updated to include each additional Participation Agreement identified thereon.
(a) In terms of any Repledge Collateral that is bound of the Debtor hereunder, Debtor have basic pledged such as Repledge Security underneath the Security Contract.
(b) Borrower and Financial for every single hereby believes and you may recognizes that the legal rights hereunder can be found in all areas subject to and you will under so you’re able to (i) CSFB’s liberties within the CSFB Mortgage Agreement and Safeguards Arrangement and (ii) CSFB’s cover need for the new Repledge Equity and rights beneath the Defense Arrangement.
https://paydayloanalabama.com/goshen/
Section 3.01 Borrower 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.