Number payable by the Borrower underneath the indemnity set forth inside Point 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, Most other Taxation).

(c) Debtor hereby agrees so you’re able to indemnify Financial to own, in order to hold it harmless up against, an entire quantity of Non-Omitted Taxes or other Taxation, as well as the full level of Taxation of any kind imposed by people jurisdiction into number payable by the Borrower around this Section 2.eleven enforced on the or paid off of the such Lender loans Level Plains and you can people accountability (and additionally penalties, additions so you can tax, attention and you may costs) developing therefrom or with respect thereto. The fresh new indemnity by Borrower provided for contained in this Point dos.eleven will apply and start to become produced if the Low-Excluded Taxation or other Taxes where indemnification hereunder is actually sought have been precisely or legally asserted. 11(c) shall be paid off contained in this ten (10) weeks in the go out on which Lender helps make composed request therefor.

Abreast of acceptance on paper because of the Financial of such more Contribution Arrangement just like the eligible, and you can submitting away from an excellent UCC-step 3 modification incorporating the new Involvement Contract

(d) Versus prejudice into endurance of any most other contract of one’s Debtor hereunder, brand new agreements and you will financial obligation of Borrower contained in this Section dos.eleven shall survive the termination of so it Contract in addition to other Financing Data files. Nothing found in Part 2.ten or which Part 2.eleven will need any Lender to offer any kind of their taxation statements and other suggestions that it deems getting 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 loans obtained because of brand new Participation Permits is going to be deposited on the appropriate Faithful Account. Abreast of the newest Cancellation Time as well as the commission of all number due from the Debtor hereunder, a price equal to the quantity with the put on Dedicated Account because of the new Participation Licenses are going to be remitted of the Financial in order to Borrower.

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

(a) Regarding one Repledge Guarantee that’s pledged by the Debtor hereunder, Debtor have earliest sworn particularly Repledge Collateral under the Safeguards Arrangement.

(b) Borrower and Lender for every single hereby believes and understands that their legal rights hereunder have all the areas at the mercy of and you may under in order to (i) CSFB’s liberties according to the CSFB Loan Agreement and Defense Contract and you can (ii) CSFB’s shelter need for new Repledge Guarantee and you can legal rights according to the Security Contract.

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.