Financial can get vow, hypothecate, assign, transfer if not convey the fresh new Collateral to the brand new CSFB Financing Contract
Debtor shall alert Financial shortly after discovery of every breach or compromise of your own safety, privacy, or ethics out of nonpublic private information of one’s people and you will users off Financial or one Member from Lender given to Borrower by Bank otherwise instance User
In furtherance, and not by limitation of, the foregoing, Borrower and Lender acknowledge and agree that Lender may make new borrowings from CSFB in which Lender may pledge, convey and transfer to CSFB certain or all of the Collateral pledged to Lender hereunder (the Repledge Guarantee); provided that nothing set forth herein shall create an obligation on the part of CSFB to make advances to Borrower or Lender hereunder. Lender and Borrower acknowledge that CSFB has not been and shall not be involved in any decision relating to this Agreement and the transactions hereunder. In no event shall Borrower have any rights, claims or recourse against CSFB for any obligation of Lender hereunder or any actions on the part of CSFB with respect to any Repledge Collateral. The Lender and Borrower each acknowledges that its rights under this Agreement are subordinate and junior to any rights of the CSFB under the CSFB Loan Documents and the Security Agreement with respect to any Repledge Collateral, including without limitation, any right that the Borrower may have to reacquire any Repledge Collateral hereunder. In furtherance of the foregoing, Borrower waives any and all notice of the creation, renewal, extension or accrual of any of the obligations under the CSFB Loan Documents. The Borrower hereby agrees to cooperate and execute such documents as are reasonably requested, including without limitation, granting powers of attorney, in order to effectuate the provisions set forth herein. (más…)