Common use of Discharge of Taxes, Borrower’s Obligations, Etc Clause in Contracts

Discharge of Taxes, Borrower’s Obligations, Etc. Lender, in its sole discretion, shall have the right at any time, and from time to time, with prior notice to Borrowers, if Borrowers fail to do so five (5) Business Days after requested in writing to do so by Lender, to: (a) pay for the performance of any of Borrowers’ Obligations hereunder, and (b) discharge taxes or liens, at any time levied or placed on any of Borrowers’ Property in violation of this Agreement unless Borrowers are in good faith with due diligence by appropriate proceedings contesting such taxes or liens. Lender may, in its discretion, upon five (5) Business Days’ notice to Borrower Agent (unless an Event of Default shall have occurred, in which case no such notice shall be required), fund an Advance to pay Expenses hereunder. Lender shall have no obligation to make any such payment or Advance, and such payments and Advances made by Lender shall not be construed as a waiver by Lender of an Event of Default under this Agreement.

Appears in 2 contracts

Samples: Loan and Security Agreement (Providence Service Corp), Loan and Security Agreement (Providence Service Corp)

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Discharge of Taxes, Borrower’s Obligations, Etc. Lender, in its sole discretion, shall have the right at any time, and from time to time, with prior notice to Borrowers, if Borrowers fail to do so five (5) Business Days after requested in writing to do so by Lender, to: (a) pay for the performance of any of Borrowers’ Obligations hereunder, and (b) discharge taxes or liens, at any time levied or placed on any of Borrowers’ Property in violation of this Agreement unless Borrowers are in good faith with due diligence by appropriate proceedings contesting such taxes or liensliens and have established appropriate reserves therefor under GAAP. Lender may, in its discretion, upon five (5) Business Days’ notice to Borrower Agent (unless an Event Payment of Default shall have occurred, in which case no such notice Expenses and advances shall be required), fund an Advance deemed Advances hereunder and shall bear interest at the highest rate applied to pay Expenses hereunderthe Revolving Loans until reimbursed to Lender. Lender shall have no obligation to make any such payment or Advance, and such Such payments and Advances advances made by Lender shall not be construed as a waiver by Lender of an any Event of Default under this Agreement.

Appears in 2 contracts

Samples: Credit Agreement (Clarient, Inc), Credit Agreement (Clarient, Inc)

Discharge of Taxes, Borrower’s Obligations, Etc. Lender, in its sole reasonable discretion, shall have the right at any time, and from time to time, with prior notice to BorrowersBorrower, if Borrowers fail Borrower fails to do so five (5) Business Days after requested in writing to do so by Lender, to: (a) pay for the performance of any of Borrowers’ Obligations hereunder, Borrower’s obligations hereunder and (b) discharge taxes or liens, at any time levied or placed on any of Borrowers’ Borrower’s Property in violation of this Agreement unless Borrowers are Borrower is in good faith with due diligence by appropriate proceedings contesting such taxes or liens. Lender may, in its discretion, upon five (5) Business Days’ notice to Borrower Agent (unless an Event of Default shall have occurred, in which case no such notice Expenses and advances shall be required), fund an Advance deemed Advances hereunder and shall bear interest at the Default Rate until reimbursed to pay Expenses hereunderLender. Lender shall have no obligation to make any such payment or Advance, and such Such payments and Advances advances made by Lender shall not be construed as a waiver by Lender of an Event of Default under this Agreement.

Appears in 2 contracts

Samples: Credit Agreement (Green Plains Renewable Energy, Inc.), Credit Agreement (Green Plains Renewable Energy, Inc.)

Discharge of Taxes, Borrower’s Obligations, Etc. Lender, in its sole discretion, shall have the right at any time, and from time to time, with prior notice to Borrowers, if Borrowers fail to do so five (5) Business Days so, after requested in writing reasonable notice, to do so by Lender, to: (a) obtain insurance covering any of the Collateral as required hereunder (b) pay for the performance of any of Borrowers’ Obligations ' obligations hereunder, and (bc) discharge taxes or taxes, liens, security interests or other encumbrances at any time levied or placed on any of Borrowers’ Property the Collateral in violation of this Agreement unless Borrowers are in good faith with due diligence by appropriate proceedings contesting such taxes or taxes, liens, etc., and (d) pay for the maintenance and preservation of any of the Collateral. Expenses and advances by Lender may, in its discretion, upon five (5) Business Days’ notice to Borrower Agent (unless an Event of Default shall have occurred, in which case no such notice under this paragraph shall be required)deemed advances under the Revolving Credit, fund an Advance bear interest at the same rate applied to pay Expenses hereunderthe Revolving Credit, until reimbursed to Lender and shall be secured by the Collateral. Lender shall have no obligation to make any such payment or Advance, and such Such payments and Advances advances made by Lender shall not be construed as a waiver by Lender of an Event of Default under this Agreement.

Appears in 1 contract

Samples: Revolving Credit Loan and Security Agreement (Staff Builders Inc /De/)

Discharge of Taxes, Borrower’s Obligations, Etc. Lender, in its sole reasonable discretion, shall have the right at any time, and from time to time, with prior notice to Borrowers, if Borrowers fail to do so five (5) Business Days after requested in writing to do so by Lender, to: (a) pay for the performance of any of Borrowers’ Obligations hereunder, obligations hereunder and (b) discharge taxes or liens, at any time levied or placed on any of Borrowers’ Property in violation of this Agreement unless Borrowers are in good faith with due diligence by appropriate proceedings contesting such taxes or liens. Lender may, in its discretion, upon five (5) Business Days’ notice to Borrower Agent (unless an Event of Default shall have occurred, in which case no such notice Expenses and advances shall be required), fund an Advance deemed Advances hereunder and shall bear interest at the Default Rate until reimbursed to pay Expenses hereunderLender. Lender shall have no obligation to make any such payment or Advance, and such Such payments and Advances advances made by Lender shall not be construed as a waiver by Lender of an Event of Default under this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Green Plains Renewable Energy, Inc.)

Discharge of Taxes, Borrower’s Obligations, Etc. Lender, in its ------------------------------------------------ sole discretion, shall have the right at any time, and from time to time, with prior notice to Borrowers, any Borrower if Borrowers fail any Borrower fails to do so five (5) Business Days after requested in writing to do so by Lender, to: (a) pay for the performance of any of Borrowers’ Obligations ' obligations hereunder, and (b) discharge taxes or liensLiens, at any time levied or placed on any of Borrowers' Property in violation of this Agreement unless Borrowers are such Borrower is in good faith with due diligence by appropriate proceedings contesting such taxes or liensLiens and maintaining proper reserves therefor in accordance with GAAP, consistently applied. Lender may, in its discretion, upon five (5) Business Days’ notice to Borrower Agent (unless an Event of Default shall have occurred, in which case no such notice Expenses and advances shall be required)added to the Revolving Credit, fund an Advance bear interest at the same rate applied to pay Expenses hereunderthe Revolving Credit, until reimbursed to Lender. Lender shall have no obligation to make any such payment or Advance, and such Such payments and Advances advances made by Lender shall not be construed as a waiver by Lender of an Event of Default under this Agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (Opinion Research Corp)

Discharge of Taxes, Borrower’s Obligations, Etc. Lender, in its sole discretion, shall have the right at any time, and from time to time, with prior notice to BorrowersBorrower, if Borrowers fail Borrower fails to do so five (5) Business Days after requested in writing to do so by Lender, to: (a) pay for the performance of any of Borrowers’ Borrower’s Obligations hereunderhereunder or under any other Loan Document, and (b) discharge taxes or liensLiens, at any time levied or placed on any of Borrowers’ Borrower’s Property in violation of this Agreement unless Borrowers are Borrower is in good faith with due diligence by appropriate proceedings contesting such taxes or liensLiens and has established appropriate reserves therefor under GAAP. Lender may, in its discretion, upon five (5) Business Days’ notice to Borrower Agent (unless an Event of Default shall have occurred, in which case no such notice Expenses and advances shall be required), fund an Advance deemed Advances hereunder and shall bear interest at the highest rate applied to pay Expenses hereunderthe Revolving Loans until reimbursed to Lender. Lender shall have no obligation to make any such payment or Advance, and such Such payments and Advances advances made by Lender shall not be construed as a waiver by Lender of an Event of Default under this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Assisted 4 Living, Inc.)

Discharge of Taxes, Borrower’s Obligations, Etc. Lender, in its sole discretion, shall have the right at any time, and from time to time, with prior notice to Borrowers, if Borrowers fail to do do. so five (5) Business Days after requested in writing to do so by Lender, to: (a) pay for the performance of any of Borrowers’ Obligations obligations hereunder, and (b) discharge taxes or liens, at any time levied or placed on any of Borrowers’ Property in violation of this Agreement unless Borrowers are in good faith with due diligence by appropriate proceedings contesting such taxes or liens. Lender may, in its discretion, upon five (5) Business Days’ notice to Borrower Agent (unless an Event of Default shall have occurred, in which case no such notice Expenses and advances shall be required), fund an Advance deemed Advances hereunder and shall be deemed Advances hereunder and shall bear interest at the highest rate applied to pay Expenses hereunderthe Loans until reimbursed to Lender. Lender shall have no obligation to make any such payment or Advance, and such Such payments and Advances advances made by Lender shall not be construed as a waiver by Lender of an Event of Default under this Agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (Healthessentials Solutions Inc)

Discharge of Taxes, Borrower’s Obligations, Etc. LenderLENDER, in its sole discretion, shall have the right at any time, and from time to time, with prior notice to BorrowersBORROWERS, if Borrowers BORROWERS fail to do so five (5) Business Days after requested in writing to do so by LenderLENDER, to: (a) pay for the performance of any of Borrowers’ Obligations BORROWERS' obligations hereunder, and (b) discharge taxes or liens, at any time levied or placed on any of Borrowers’ BORROWERS' Property in violation of this Agreement unless Borrowers BORROWERS are in good faith with due diligence by appropriate proceedings contesting such taxes or liens. Lender may, in its discretion, upon five (5) Business Days’ notice to Borrower Agent (unless an Event of Default shall have occurred, in which case no such notice Expenses and advances shall be required), fund an Advance deemed Advances hereunder and shall be deemed Advances hereunder and shall bear interest at the same rate applied to pay Expenses hereunderthe Loans until reimbursed to LENDER. Lender shall have no obligation to make any such payment or Advance, and such Such payments and Advances advances made by Lender LENDER shall not be construed as a waiver by Lender LENDER of an Event of Default under this Agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (Vistacare Inc)

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Discharge of Taxes, Borrower’s Obligations, Etc. Lender, in its sole discretion, shall have the right at any time, and from time to time, with prior notice to Borrowers, if Borrowers fail to do so five (5) Business Days after requested in writing to do so by Lender, to: (a) pay for the performance of any of Borrowers' Obligations hereunder, and (b) discharge taxes or liens, at any time levied or placed on any of Borrowers' Property in violation of this Agreement unless Borrowers are in good faith with due diligence by appropriate proceedings contesting such taxes or liens. Lender may, in its discretion, upon five (5) Business Days' notice to Borrower Agent (unless an Event of Default shall have occurred, in which case no such notice shall be required), fund an Advance to pay Expenses hereunder. Lender shall have no obligation to make any such payment or Advance, and such payments and Advances made by Lender shall not be construed as a waiver by Lender of an Event of Default under this Agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (Providence Service Corp)

Discharge of Taxes, Borrower’s Obligations, Etc. Lender, in its sole reasonable discretion, shall have the right at any time, and from time to time, with prior notice to Borrowers, if Borrowers fail to do so five (5) Business Days after requested in writing to do so by Lender, to: (a) pay for the performance of any of Borrowers’ Obligations hereunder, and (b) discharge taxes or liens, at any time levied or placed on any of Borrowers’ Property in violation of this Agreement unless Borrowers are in good faith with due diligence by appropriate proceedings contesting such taxes or liensliens and have established appropriate reserves therefor under GAAP. Lender may, in its discretion, upon five (5) Business Days’ notice to Borrower Agent (unless an Event of Default shall have occurred, in which case no such notice Expenses and advances shall be required), fund an Advance deemed Revolving Loans hereunder and shall be deemed Revolving Loans hereunder and shall bear interest at the highest rate applied to pay Expenses hereunderthe Loans until reimbursed to Lender. Lender shall have no obligation to make any such payment or Advance, and such Such payments and Advances advances made by Lender shall not be construed as a waiver by Lender of an Event of Default under this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Prospect Medical Holdings Inc)

Discharge of Taxes, Borrower’s Obligations, Etc. LenderLENDER, in its sole discretion, shall have the right at any time, and from time to time, with prior notice to BorrowersBORROWERS, if Borrowers BORROWERS fail to do so five (5) Business Days after requested in writing to do so by LenderLENDER, to: (a) pay for the performance of any of Borrowers’ Obligations BORROWERS' obligations hereunder, and (b) discharge taxes or liens, at any time levied or placed on any of Borrowers’ BORROWERS' Property in violation of this Agreement unless Borrowers BORROWERS are in good faith with due diligence by appropriate proceedings contesting such taxes or liens. Lender may, in its discretion, upon five (5) Business Days’ notice to Borrower Agent (unless an Event of Default shall have occurred, in which case no such notice Expenses and advances shall be required), fund an Advance deemed Advances hereunder and shall be deemed Advances hereunder and shall bear interest at the same rate applied to pay Expenses hereunderthe Revolving Loans until reimbursed to LENDER. Lender shall have no obligation to make any such payment or Advance, and such Such payments and Advances advances made by Lender LENDER shall not be construed as a waiver by Lender LENDER of an Event of Default under this Agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (Vistacare, Inc.)

Discharge of Taxes, Borrower’s Obligations, Etc. Lender, in its sole discretion, shall have the right at any time, and from time to time, with prior notice to Borrowers, if Borrowers fail to do so five (5) Business Days after requested in writing to do so by Lender, to: (a) pay for the performance of any of Borrowers’ Obligations hereunder, and (b) discharge taxes or liens, at any time levied or placed on any of Borrowers’ Property in violation of this Agreement unless Borrowers are in good faith with due diligence by appropriate proceedings contesting such taxes or liensliens and have established appropriate reserves therefor under GAAP. Lender may, in its discretion, upon five (5) Business Days’ notice to Borrower Agent (unless an Event of Default shall have occurred, in which case no such notice Expenses and advances shall be required), fund an Advance deemed Advances hereunder and shall bear interest at the highest rate applied to pay Expenses hereunderthe Loans until reimbursed to Lender. Lender shall have no obligation to make any such payment or Advance, and such Such payments and Advances advances made by Lender shall not be construed as a waiver by Lender of an any Event of Default under this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Adcare Health Systems, Inc)

Discharge of Taxes, Borrower’s Obligations, Etc. Lender, in its sole discretion, shall have the right at any time, and from time to time, with prior notice to Borrowers, if Borrowers fail to do so five (5) Business Days after requested in writing to do so by Lender, to: (a) pay for the performance of any of Borrowers’ Obligations obligations hereunder, and (b) discharge taxes or liens, at any time levied or placed on any of Borrowers’ Property in violation of this Agreement unless Borrowers are in good faith with due diligence by appropriate proceedings contesting such taxes or liensliens and have established appropriate reserves therefore under GAAP. Lender may, in its discretion, upon five (5) Business Days’ notice to Borrower Agent (unless an Event of Default shall have occurred, in which case no such notice Expenses and advances shall be required), fund an Advance deemed Advances hereunder and shall be deemed Advances hereunder and shall bear interest at the highest rate applied to pay Expenses hereunderthe Loans until reimbursed to Lender. Lender shall have no obligation to make any such payment or Advance, and such Such payments and Advances advances made by Lender shall not be construed as a waiver by Lender of an Event of Default under this Agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (New York Health Care Inc)

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