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In the event the Borrower wishes to receive financing Improve significantly less than a participation Contract not listed on

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Numbers payable from the Debtor under the indemnity set forth inside Area 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 (collectively, Most other Taxes).

(c) Debtor hereby agrees to indemnify Bank to possess, also to hold it innocuous against, an entire amount of Non-Excluded Taxes or any other Fees, together with full number of Taxes of any kind implemented by one legislation on wide variety payable by Debtor around it Point 2.eleven enforced toward otherwise paid down by the such as for example Financial and you can one accountability cash advance Huguley Huguley AL (along with punishment, additions in order to taxation, focus and you may expenses) arising therefrom otherwise in accordance thereto. Brand new indemnity by Borrower delivered to within Part 2.eleven shall implement and become produced whether the Low-Omitted Taxation or other Taxes which indemnification hereunder is actually sought was basically correctly otherwise lawfully asserted. 11(c) is paid off in this ten (10) weeks throughout the time about what Bank produces written demand therefor.

On approval in writing because of the Financial of such a lot more Contribution Contract once the qualified, and you may submitting off an excellent UCC-step three modification incorporating the newest Involvement Arrangement

(d) In the place of bias into endurance of any almost every other contract of your own Debtor hereunder, brand new arrangements and you may financial obligation of your own Debtor inside Point dos.eleven shall endure the termination of which Agreement and almost every other Mortgage Documents. Nothing present in Section dos.10 otherwise so it Part dos.11 will need any Bank to make available any of the tax statements or other pointers which deems is 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.

All the money gotten on account of the latest Contribution Permits are going to be transferred regarding appropriate Devoted Account. Upon the latest Cancellation Date plus the commission of the many number due by Borrower hereunder, a price equal to the total amount with the put throughout the Devoted Accounts because of the fresh new Contribution Permits will likely be remitted from the Financial so you can Borrower.

Section 2.15 Even more Involvement Preparations. 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. Plan dos shall be automatically updated to include each additional Participation Agreement identified thereon.

(a) With regards to people Repledge Guarantee that is bound by Debtor hereunder, Borrower has actually basic pledged such Repledge Security according to the Cover Arrangement.

(b) Debtor and you will Bank for each and every hereby agrees and you can recognizes one to their rights hereunder come into the areas subject to and subordinate to help you (i) CSFB’s legal rights under the CSFB Financing Agreement and you can Safety Agreement and (ii) CSFB’s defense interest in the brand new Repledge Collateral and you may legal rights under the Safeguards Arrangement.

Section 3.01 Debtor 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.

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