If Borrower would like to obtain a loan Get better lower than an involvement Contract perhaps not noted on

Quantity payable by Debtor in indemnity set forth 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, Most other Fees).

(c) Debtor hereby believes to indemnify Lender for, and hold on a minute innocuous against, a complete quantity of Low-Omitted Taxation or other Fees, as well as the complete amount of Taxation of any sort imposed by one legislation into the number payable by the Borrower under this Section 2.11 imposed toward otherwise paid of the particularly Lender and people liability (also charges, enhancements so you’re able to taxation, appeal and costs) occurring therefrom or with respect thereto. The fresh indemnity of the Borrower provided for contained in this Part 2.11 will pertain and start to become produced whether the Low-Excluded Taxes and other Taxation wherein indemnification hereunder try found were correctly or legally asserted. 11(c) shall be paid off within 10 (10) months on the day about what Financial renders authored loans in Bessemer request therefor.

Upon acceptance written down by Financial of such a lot more Involvement Agreement once the eligible, and you can submitting from a beneficial UCC-step 3 modification adding the brand new Involvement Agreement

(d) Instead bias towards survival of any most other arrangement of the Debtor hereunder, the newest arrangements and you may obligations of your own Debtor inside Part 2.eleven shall survive the conclusion so it Contract and most other Loan Files. Nothing found in Part 2.10 or so it Part dos.11 will need one Lender to make available any one of its taxation statements and other suggestions that it deems getting confidential or proprietary.

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 latest Participation Licenses should be deposited regarding the appropriate Devoted Membership. Upon new Cancellation Day plus the commission of all of the wide variety owed by Borrower hereunder, an amount comparable to the amount on the put about Devoted Membership on account of the latest Contribution Certificates would be remitted from the Financial so you’re able to Borrower.

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

(a) In terms of one Repledge Equity that’s sworn of the Borrower hereunder, Debtor enjoys very first sworn instance Repledge Guarantee under the Security Agreement.

(b) Debtor and you will Lender each hereby agrees and recognizes that their rights hereunder are in most of the respects susceptible to and you may using so you can (i) CSFB’s legal rights underneath the CSFB Mortgage Agreement and you may Safety Agreement and you will (ii) CSFB’s security interest in the latest Repledge Security and you can legal rights underneath 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.