If the Debtor wants to obtain that loan Progress around an involvement Contract not noted on

Quantity payable by the Borrower beneath the 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, Other Taxation).

(c) Borrower hereby believes in order to indemnify Bank for, and to hold on a minute simple up against, the full amount of Non-Excluded Fees or any other Fees, plus the full number of Taxes of any sort imposed by the people legislation for the numbers payable by the Borrower below which Part 2.11 implemented toward otherwise reduced from the particularly Financial and you can people responsibility (together with penalties, enhancements so you’re able to income tax, appeal and you may expenses) occurring therefrom or in accordance thereto. Brand new indemnity of the Debtor delivered to in this Part 2.eleven will incorporate and become produced whether or not the Non-Omitted Taxation and other Taxation which indemnification hereunder is actually needed was correctly or legitimately asserted. 11(c) shall be paid within this 10 (10) days on the big date on what Lender makes authored request therefor.

Abreast of acceptance written down because of the Financial of such extra Involvement Arrangement as the qualified, and you can filing out-of an effective UCC-3 amendment incorporating this new Involvement Arrangement

(d) In place of bias to the endurance of every other contract of the Borrower hereunder, brand new plans and financial obligation of one’s Borrower in cbre loan services Cedar Bluff AL this Section 2.11 shall survive the end of it Contract and the almost every other Loan Data. Nothing present in Point dos.10 otherwise which Part 2.11 shall require any Financial to make available any of its taxation statements or any other information it deems are confidential 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.

All of the fund gotten on account of the new Participation Licenses can be placed from the applicable Loyal Account. Up on this new Termination Big date and also the commission of all quantity owed from the Debtor hereunder, an expense equal to the total amount for the deposit about Faithful Account because of the Participation Permits might be remitted because of the Financial to Borrower.

Section 2.15 More Contribution Plans. Agenda 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) With respect to one Repledge Security that is bound from the Borrower hereunder, Debtor possess earliest bound like Repledge Equity according to the Protection Contract.

(b) Debtor and Bank for each hereby believes and you can recognizes one their liberties hereunder have all of the respects subject to and you may subordinate so you can (i) CSFB’s rights underneath the CSFB Mortgage Arrangement and Security Arrangement and you will (ii) CSFB’s safety need for the latest Repledge Collateral and you will legal rights under the Protection Agreement.

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.