If the Debtor wishes to get a loan Get better less than an involvement Contract maybe not noted on

Numbers payable by the Debtor underneath the indemnity established contained in this Section dos

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(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 Mountain Brook bad credit payday loans no credit check open 24/7 (collectively, Most other Fees).

(c) Borrower hereby agrees in order to indemnify Financial to possess, and also to wait innocuous up against, an entire number of Low-Omitted Taxes or other Taxation, and the full level of Fees of any kind imposed because of the any legislation into the quantity payable by Debtor around which Point 2.eleven implemented into or reduced by such as for example Financial and any liability (along with punishment, additions to help you tax, interest and costs) arising therefrom otherwise relating thereto. The indemnity by Borrower taken to contained in this Section 2.eleven shall apply and start to become produced perhaps the Non-Excluded Fees or other Fees by which indemnification hereunder was looked for was basically precisely or legally asserted. 11(c) will likely be paid within 10 (10) days on the go out about what Financial makes authored request therefor.

Upon recognition written down by the Bank of such most Involvement Agreement since eligible, and you may processing off a good UCC-3 modification incorporating the newest Participation Contract

(d) Versus bias into the survival of every other contract of one’s Borrower hereunder, the brand new arrangements and you will debt of one’s Debtor inside Point dos.eleven will endure the conclusion so it Arrangement in addition to almost every other Loan Records. Little present in Part 2.10 or that it Section dos.11 will wanted people Financial to offer some of its taxation statements and other guidance it deems becoming private 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.

Every finance acquired on account of the brand new Involvement Licenses will be placed on applicable Faithful Membership. Through to new Cancellation Time as well as the payment of all quantity owed of the Borrower hereunder, a cost equivalent to the quantity to the deposit on Faithful Account because of new Contribution Licenses are going to be remitted by Bank in order to Borrower.

Section 2.15 Most Contribution Arrangements. 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. Schedule 2 shall be automatically updated to include each additional Participation Agreement identified thereon.

(a) With respect to one Repledge Guarantee which is sworn because of the Debtor hereunder, Borrower provides earliest sworn such as for example Repledge Equity according to the Cover Arrangement.

(b) Borrower and you can Lender for every single hereby agrees and you may understands that its rights hereunder have been in the respects at the mercy of and you may under in order to (i) CSFB’s liberties under the CSFB Loan Agreement and you may Protection Arrangement and you can (ii) CSFB’s security need for brand new Repledge Guarantee and you will liberties beneath the Protection Arrangement.

Section 3.01 Borrower 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.