Amounts payable payday loan Locust Fork of the Borrower in indemnity set forth contained in this Point 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 Fees).

(c) Debtor hereby agrees so you’re able to indemnify Lender to have, also to hold on a minute simple against, a complete amount of Non-Omitted Fees or any other Taxation, and complete number of Taxation of any kind enforced by any jurisdiction to the quantity payable from the Debtor not as much as this Section 2.eleven implemented into or paid down because of the such as Lender and people accountability (in addition to charges, additions in order to tax, appeal and you may costs) occurring therefrom or in accordance thereto. The newest indemnity by Borrower sent to in this Section 2.eleven shall pertain and be made if the Non-Omitted Taxation or any other Taxation wherein indemnification hereunder try looked for have been correctly otherwise legitimately asserted. 11(c) should be paid within ten (10) weeks throughout the day about what Bank renders written demand therefor.

Through to acceptance written down of the Financial of these a lot more Participation Arrangement as eligible, and you can processing out of an excellent UCC-step 3 amendment incorporating new Involvement Arrangement

(d) Instead prejudice towards survival of every most other contract of your own Borrower hereunder, the newest preparations and debt of your own Debtor inside Part 2.11 shall endure the end of it Agreement as well as the other Loan Documents. Nothing within Area 2.10 or it Section 2.11 shall want people Financial to make available some of their tax returns and other suggestions which deems become 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.

Every funds obtained because of the brand new Contribution Licenses will likely be deposited regarding the relevant Dedicated Account. Upon the new Cancellation Go out and also the payment of all of the numbers owed of the Debtor hereunder, an amount comparable to the amount toward put throughout the Dedicated Membership on account of the brand new Involvement Licenses will likely be remitted by the Lender so you’re able to Debtor.

Section 2.15 Additional Participation Arrangements. 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. Plan dos shall be automatically updated to include each additional Participation Agreement identified thereon.

(a) Regarding people Repledge Security that’s bound of the Borrower hereunder, Debtor keeps very first sworn like Repledge Equity within the Defense Arrangement.

(b) Debtor and Financial per hereby believes and you may recognizes you to definitely the liberties hereunder have all of the areas at the mercy of and you can under so you’re able to (i) CSFB’s liberties under the CSFB Financing Arrangement and you will Cover Agreement and (ii) CSFB’s shelter interest in new Repledge Collateral and rights beneath the Coverage 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.