Contest of Liens. The Company, notwithstanding the above, shall have the right to contest any such mechanic’s or other similar lien if within 30-days after the date of filing it (i) notifies the Issuer and Trustee in writing of its intention so to do, and if requested by Issuer, deposits with the Trustee a surety bond issued by a surety company acceptable to the Issuer as surety, in favor of the Issuer or cash, in the amount of the lien claim so contested, indemnifying and protecting the Issuer from and against any liability, loss, damage, cost and expense of whatever kind or nature growing out of or in any way connected with said asserted lien and the contest thereof, and (ii) diligently prosecutes such contest, at all times effectively staying or preventing any official or judicial sale of the Project or any part thereof or interest therein, under execution or otherwise, and (iii) promptly pays or otherwise satisfies any final judgment adjudging or enforcing such contested lien claim and thereafter promptly procures record release or satisfaction thereof.
Appears in 3 contracts
Samples: Words and Terms, www.bonnersprings.org, www.bonnersprings.org
Contest of Liens. The CompanyTenant, notwithstanding the above, shall have the right to contest any such mechanic’s mechanics' or other similar lien if within said Thirty (30-days after the date of filing ) day period stated above it (i) notifies the Issuer and Trustee in writing of its intention so to do, and if requested by Issuer, deposits with the Trustee a surety bond issued by a surety company acceptable to the Issuer as surety, in favor of the Issuer or cash, in the amount of the lien claim so contested, indemnifying and protecting the Issuer from and against any liability, loss, damage, cost and expense of whatever kind or nature growing out of or in any way connected with said asserted lien and the contest thereof, and (ii) diligently prosecutes such contest, at all times effectively staying or preventing any official or judicial sale of the Project or any part thereof or interest therein, under execution or otherwise, and (iii) promptly pays or otherwise satisfies any final judgment adjudging or enforcing such contested lien claim and thereafter promptly procures record release or satisfaction thereof.
Appears in 3 contracts
Samples: Collins Industries Inc, Supplemental Lease Agreement (Royal Caribbean Cruises LTD), Lease Agreement (Ifr Systems Inc)
Contest of Liens. The CompanyTenant, notwithstanding the above, shall have the right to contest any such mechanic’s 's or other similar lien if within the 30-days after the date of filing day period stated above it (ia) notifies the Issuer and Trustee the Bank in writing of its intention so to do, and if requested by the Bank or the Issuer, deposits with the Trustee Bank a surety bond issued by a surety company acceptable to the Issuer as surety, in favor of the Issuer Issuer, or cash, in the amount of the lien claim so contested, indemnifying and protecting the Issuer from and against any liability, loss, damage, cost and expense of whatever kind or nature growing out of or in any way connected with said the asserted lien and the contest thereof, and (iib) diligently prosecutes such contest, at all times effectively staying or preventing any official or judicial sale of the Project or any part thereof or interest therein, under execution or otherwise, and (iiic) promptly pays or otherwise satisfies any final judgment adjudging or enforcing such contested lien claim and thereafter promptly procures record release or satisfaction thereof.
Appears in 2 contracts
Samples: Project Lease, Project Lease
Contest of Liens. The CompanyTenant, notwithstanding the above, shall have the right to contest any such mechanic’s or other similar lien if within 30-30 days after the date of filing it (i) notifies the Issuer and Trustee in writing of its intention so to do, and if requested by Issuer, deposits with the Trustee a surety bond issued by a surety company acceptable to the Issuer as surety, in favor of the Issuer or cash, in the amount of the lien claim so contested, indemnifying and protecting the Issuer from and against any liability, loss, damage, cost and expense of whatever kind or nature growing out of or in any way connected with said asserted lien and the contest thereof, and (ii) diligently prosecutes such contest, at all times effectively staying or preventing any official or judicial sale of the Project or any part thereof or interest therein, under execution or otherwise, and (iii) promptly pays or otherwise satisfies any final judgment adjudging or enforcing such contested lien claim and thereafter promptly procures record release or satisfaction thereof.
Appears in 1 contract
Samples: www2.opkansas.org
Contest of Liens. The CompanyTenant, notwithstanding the above, shall have the right to contest any such mechanic’s 's or other similar lien if within said 30-days after the date of filing day period stated above it (iI) notifies the Issuer and Trustee in writing of its intention so to do, and if requested by Issuer, deposits with the Trustee a surety bond issued by a surety company acceptable to the Issuer as surety, in favor of the Issuer or cash, in the amount of the lien claim so contested, indemnifying and protecting the Issuer from and against any liability, loss, damage, cost and expense of whatever kind or nature growing out of or in any way connected with said asserted lien and the contest thereof, and (ii) diligently prosecutes such contest, at all times effectively staying or preventing any official or judicial sale of the Project or any part thereof or interest therein, under execution or otherwise, and (iii) promptly pays or otherwise satisfies any final judgment adjudging or enforcing such contested lien claim and thereafter promptly procures record release or satisfaction thereof.
Appears in 1 contract
Samples: Collins Industries Inc
Contest of Liens. The CompanyTenant, notwithstanding the above, shall have the right to contest any such mechanic’s or other similar lien if within said 30-days after the date of filing day period stated above it (ia) notifies the Issuer and the Trustee in writing of its intention so to do, and if requested by Issuerthe Trustee, deposits with the Trustee a surety bond issued by a surety company acceptable to the Issuer as surety, in favor of the Issuer Issuer, or cash, in the amount of the lien claim so contested, indemnifying and protecting the Issuer from and against any liability, loss, damage, cost and expense of whatever kind or nature growing out of or in any way connected with said asserted lien and the contest thereof, and (iib) diligently prosecutes such contest, at all times effectively staying or preventing any official or judicial sale of the Project Leased Property or any part thereof or interest therein, under execution or otherwise, and (iiic) promptly pays or otherwise satisfies any final judgment adjudging or enforcing such contested lien claim and thereafter promptly procures record release or satisfaction thereof.
Appears in 1 contract
Samples: CHS Inc
Contest of Liens. The CompanyTenant, notwithstanding the above, shall have the right to contest any such mechanic’s or other similar lien if within said 30-days after the date of filing day period stated above it (ia) notifies the Issuer and the Trustee in writing of its intention so to do, and if requested by the Issuer, deposits with the Trustee a surety bond issued by a surety company acceptable to the Issuer as surety, in favor of the Issuer or cash, in the amount of the lien claim so contested, indemnifying and protecting the Issuer from and against any liability, loss, damage, cost and expense of whatever kind or nature growing out of or in any way connected with said asserted lien and the contest thereof, and (iib) diligently prosecutes such contest, at all times effectively staying or preventing any official or judicial sale of the Project or any part thereof or interest therein, under execution or otherwise, and (iiic) promptly pays or otherwise satisfies any final judgment adjudging or enforcing such contested lien claim and thereafter promptly procures record release or satisfaction thereof.
Appears in 1 contract
Samples: Master Lease Agreement