Number payable by Borrower in indemnity established 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, Almost every other Taxation).

(c) Debtor hereby believes in order to indemnify Lender having, also to wait simple against, the full amount of Low-Excluded Fees or any other Fees, and the complete quantity of Fees of any sort enforced by the one jurisdiction towards the number payable of the Debtor lower than it Point 2.eleven imposed for the or paid down by instance Financial and people accountability (as well as punishment, additions to help you tax, attention and you will expenses) arising therefrom or in accordance thereto. The newest indemnity from the Debtor sent to contained in this Area 2.11 should use and be generated whether the Non-Excluded Taxes or other Taxation where indemnification hereunder are sought was in fact accurately or legitimately asserted. 11(c) are reduced inside 10 (10) days throughout the big date on which Bank makes composed consult therefor.

Through to recognition in writing because of the Bank of such extra Contribution Arrangement as the eligible, and you can filing away from good UCC-3 modification incorporating the fresh new Participation Arrangement

(d) In place of prejudice toward emergency of any almost every other arrangement of your Debtor hereunder, the new arrangements and you may personal debt of one’s Borrower contained in this Part dos.11 will survive the end of which Arrangement while the almost every other Mortgage Data. Nothing within Section 2.ten or it Part dos.eleven shall need one Financial to make available any kind of the tax returns and other advice 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.

All the fund gotten due to the newest Participation Licenses are going to be transferred on the appropriate Dedicated Account. Through to brand new Termination Day while the commission of the many amounts owed because of the Borrower hereunder, a price equal to the amount to the deposit on Loyal Membership on account of brand new Involvement Licenses would be remitted because of the Bank so you can Debtor.

Section 2.15 Extra Participation Agreements. 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. Schedule 2 shall be automatically updated to include each additional Participation Agreement identified thereon.

(a) Regarding one Repledge Collateral that’s bound of the Debtor hereunder, Debtor keeps very first bound instance Repledge Collateral underneath the Protection Arrangement.

(b) Debtor and you can Lender per hereby www.paydayloanalabama.com/mccalla/ believes and you may recognizes you to their rights hereunder have been in all the areas susceptible to and subordinate so you can (i) CSFB’s legal rights underneath the CSFB Loan Arrangement and Safeguards Agreement and (ii) CSFB’s defense interest in the fresh new Repledge Security and you will liberties beneath the Safety Agreement.

Section 3.01 Debtor Lives. 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.