Common use of Contesting of Charges Clause in Contracts

Contesting of Charges. The Mortgagor may at its own expense contest the validity, amount or applicability of any Charges by appropriate legal or administrative proceedings, prosecution of which operates to prevent the collection or enforcement thereof and the sale or forfeiture of the Mortgaged Property or any part thereof to satisfy such obligations; to the extent that such contest is permitted by and conducted in accordance with the provisions set forth in clauses (a), (b), (e) and (f) of the definition of Permitted Liens. Notwithstanding the foregoing provisions of this Section 9.1, (i) no contest of any such obligations may be pursued by the Mortgagor if such contest would expose the Mortgagee or any other Secured Party to (A) any possible criminal liability or (B) any additional civil liability unless the Mortgagor shall have furnished a bond or other security therefor satisfactory to the Mortgagee and (ii) if at any time payment or performance of any obligation contested by the Mortgagor pursuant to this Section 9.1 shall become necessary to prevent the imposition of remedies because of non-payment, the Mortgagor shall pay or perform the same in sufficient time to prevent the imposition of remedies in respect of such default or prospective default.

Appears in 4 contracts

Samples: Security Agreement (Trump Indiana Inc), Priority Intercreditor Agreement (Trump Indiana Inc), Taxes and Certain Statutory (Trump Indiana Inc)

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