Contest of Impositions. The Tenant shall have the right, in its own or the Issuer's name or both, to contest the validity or amount of any Imposition by appropriate legal proceedings instituted before the Imposition complained of becomes delinquent if, and provided, the Tenant (i) before instituting any such contest, shall give the Issuer and the Bank written notice of its intention to do so and, if requested in writing by the Issuer or the Bank, shall deposit with the Bank a surety bond of a surety company acceptable to the Issuer as surety, in favor of the Issuer and the Bank, as their interests may appear, or cash, in a sum of at least the amount of the Imposition so contested, assuring the payment of such contested Impositions together with all interest and penalties to accrue thereon and court costs, (ii) diligently prosecutes any such contest and at all times effectively stays or prevents any official or judicial sale therefor, under execution or otherwise, and (iii) promptly pays any final judgment enforcing the Imposition so contested and thereafter promptly procures record release or satisfaction thereof. The Tenant shall indemnify and hold the Issuer whole and harmless from any costs and expenses the Issuer may incur related to any such contest.
Appears in 4 contracts
Samples: Bond Agreement, Project Lease, Project Lease
Contest of Impositions. The Tenant shall have the right, in its own or the Issuer's ’s name or both, to contest the validity or amount of any Imposition by appropriate legal proceedings instituted before the Imposition complained of becomes delinquent if, and provided, the Tenant (i) before instituting any such contest, shall give the Issuer and the Bank Trustee written notice of its intention to do so and, if requested in writing by the Issuer or the BankTrustee, shall deposit with the Bank Trustee a surety bond of a surety company acceptable to the Issuer as surety, in favor of the Issuer and the BankTrustee, as their interests may appear, or cash, in a sum of at least the amount of the Imposition so contested, assuring the payment of such contested Impositions together with all interest and penalties to accrue thereon and court costs, (ii) diligently prosecutes any such contest and at all times effectively stays or prevents any official or judicial sale therefor, under execution or otherwise, and (iii) promptly pays any final judgment enforcing the Imposition so contested and thereafter promptly procures record release or satisfaction thereof. The Tenant shall indemnify and hold the Issuer whole and harmless from any costs and expenses the Issuer may incur related to any such contest.
Appears in 3 contracts
Samples: Lease (Lmi Aerospace Inc), Lease (MGP Ingredients Inc), Lease (CHS Inc)
Contest of Impositions. The Tenant shall have the right, in its own or the Issuer's name or both, to contest the validity or amount of any Imposition by appropriate legal proceedings instituted before the Imposition complained of becomes delinquent if, and provided, the Tenant (i) before instituting any such contest, shall give the Issuer and the Bank Trustee written notice of its intention to do so and, if requested in writing by the Issuer or the BankTrustee, shall deposit with the Bank Trustee a surety bond of a surety company acceptable to the Issuer as surety, in favor of the Issuer and the BankTrustee, as their interests may appear, or cash, in a sum of at least the amount of the Imposition so contested, assuring the payment of such contested Impositions together with all interest and penalties to accrue thereon and court costs, (ii) diligently prosecutes any such contest and at all times effectively stays or prevents any official or judicial sale therefor, under execution or otherwise, and (iii) promptly pays any final judgment enforcing the Imposition so contested and thereafter promptly procures record release or satisfaction thereof. The Tenant shall indemnify and hold the Issuer whole and harmless from any costs and expenses the Issuer may incur related to any such contest.
Appears in 1 contract
Samples: Project Lease
Contest of Impositions. The Tenant Company shall have the right, in its own or the Issuer's ’s name or both, to contest the validity or amount of any Imposition by appropriate legal proceedings instituted at least 10 days before the Imposition complained of becomes delinquent if, and provided, the Tenant Company (i) before instituting any such contest, shall give the Issuer and the Bank Trustee written notice of its intention to do so and, if requested in writing by the Issuer or the BankIssuer, shall deposit with the Bank Trustee a surety bond of a surety company acceptable to the Issuer as surety, in favor of the Issuer and the Bank, as their interests may appearIssuer, or cashcash or other form of security reasonably acceptable to the Issuer, in a sum of at least the amount of the Imposition so contested, assuring the payment of such contested Impositions together with all interest and penalties to accrue thereon and court costs, and (ii) diligently prosecutes any such contest and at all times effectively stays or prevents any official or judicial sale therefor, under execution or otherwise, and (iii) promptly pays any final judgment enforcing the Imposition so contested and thereafter promptly procures record release or satisfaction thereof. The Tenant Company shall indemnify and hold the Issuer whole and harmless from any costs and expenses the Issuer may incur related to any such contestcontest due to the Issuer’s ownership of in the Project.
Appears in 1 contract
Samples: Lease
Contest of Impositions. The Tenant shall have the right, in its own or the Issuer's ’s name or both, to contest the validity or amount of any Imposition by appropriate legal proceedings instituted at least 10 days before the Imposition complained of becomes delinquent if, and provided, the Tenant (i) before instituting any such contest, shall give the Issuer and the Bank Trustee written notice of its intention to do so and, if requested in writing by the Issuer or the BankIssuer, shall deposit with the Bank Trustee a surety bond of a surety company acceptable to the Issuer as surety, in favor of the Issuer and the Bank, as their interests may appearIssuer, or cash, in a sum of at least the amount of the Imposition so contested, assuring the payment of such contested Impositions together with all interest and penalties to accrue thereon and court costs, and (ii) diligently prosecutes any such contest and at all times effectively stays or prevents any official or judicial sale therefor, under execution or otherwise, and (iii) promptly pays any final judgment enforcing the Imposition so contested and thereafter promptly procures record release or satisfaction thereof. The Tenant shall indemnify and hold the Issuer whole and harmless from any costs and expenses the Issuer may incur related to any such contestcontest due to the Issuer’s ownership of the Project.
Appears in 1 contract
Samples: Master Lease Agreement
Contest of Impositions. The Tenant Company shall have the right, in its own or the Issuer's ’s name or both, to contest the validity or amount of any Imposition by appropriate legal proceedings instituted at least 10 days before the Imposition complained of becomes delinquent if, and provided, the Tenant Company (i) before instituting any such contest, shall give the Issuer and the Bank Trustee written notice of its intention to do so and, if requested in writing by the Issuer or the BankIssuer, shall deposit with the Bank Trustee a surety bond of a surety company acceptable to the Issuer as surety, in favor of the Issuer and the Bank, as their interests may appearIssuer, or cashcash or other form of security reasonably acceptable to the Issuer, in a sum of at least the amount of the Imposition so contested, assuring the payment of such contested Impositions together with all interest and penalties to accrue thereon and court costs, and (ii) diligently prosecutes any such contest and at all times effectively stays or prevents any official or judicial sale therefor, under execution or otherwise, and (iii) promptly pays any final judgment enforcing the Imposition so contested and thereafter promptly procures record release or satisfaction thereof. The Tenant Company shall indemnify and hold the Issuer whole and harmless from any costs and expenses the Issuer may incur related to any such contestcontest due to the Issuer’s leasehold interest in the Project.
Appears in 1 contract
Samples: Lease