Common use of Filing and Recording Obligations Clause in Contracts

Filing and Recording Obligations. Each Borrower shall jointly and severally pay all filing, registration and recording fees and all expenses incident to the execution and acknowledgement of any Mortgage or other Credit Document, including any instrument of further assurance described in subsection 6.11A, and shall pay all mortgage recording taxes, transfer taxes, general intangibles taxes and governmental stamp and other taxes, duties, imposts, assessments and charges arising out of or in connection with the execution, delivery, filing, recording or registration of any Mortgage or other Credit Document, including any instrument of further assurance described in subsection 6.11A, or by reason of its interest in, or measured by amounts payable under, the Notes, the Mortgages or any other Credit Document, including any instrument of further assurance described in subsection 6.11A, (excluding income, franchise and doing business Taxes), and shall pay all stamp Taxes and other Taxes required to be paid on any Credit Document; provided, however, that such Borrower may contest in good faith and through appropriate proceedings, any such Taxes, duties, imposts, assessments and charges; provided further, however, that such Borrower shall pay all such Taxes, duties, imposts and charges when due to the appropriate taxing authority during the pendency of any such proceedings if required to do so to stay enforcement thereof. If any Borrower fails to make any of the payments described in the preceding sentence within 10 days after notice thereof from Administrative Agent (or such shorter period as is necessary to protect the loss of or diminution in value of any Collateral by reason of tax foreclosure or otherwise, as determined by Administrative Agent) accompanied by documentation verifying the nature and amount of such payments, Administrative Agent may (but shall not be obligated to) pay the amount due and Borrowers shall jointly and severally reimburse all amounts in accordance with the terms hereof.

Filing and Recording Obligations. Each Borrower shall jointly and severally pay all filing, registration and recording fees and all expenses incident to the execution and acknowledgement of any Mortgage or other Credit Loan Document, including any instrument of further assurance described in subsection 6.11A5.11A, and shall pay all mortgage recording taxes, transfer taxes, general intangibles taxes and governmental stamp and other taxes, duties, imposts, assessments and charges arising out of or in connection with the execution, delivery, filing, recording or registration of any Mortgage or other Credit Loan Document, including any instrument of further assurance described in subsection 6.11A5.11A, or by reason of its interest in, or measured by amounts payable under, the Notes, the Mortgages or any other Credit Loan Document, including any instrument of further assurance described in subsection 6.11A5.11A, (excluding income, franchise and doing business Taxes), and shall pay all stamp Taxes and other Taxes required to be paid on the Notes or any Credit other Loan Document; provided, however, that such Borrower may contest in good faith and through appropriate proceedings, any such Taxes, duties, imposts, assessments and charges; provided further, however, that such Borrower shall pay all such Taxes, duties, imposts and charges when due to the appropriate taxing authority during the pendency of any such proceedings if required to do so to stay enforcement thereof. If any Borrower fails to make any of the payments described in the preceding sentence within 10 days after notice thereof from Administrative Agent (or such shorter period as is necessary to protect the loss of or diminution in value of any Collateral by reason of tax foreclosure or otherwise, as determined by Administrative Agent) accompanied by documentation verifying the nature and amount of such payments, Administrative Agent may (but shall not be obligated to) pay the amount due and Borrowers shall jointly and severally reimburse all amounts in accordance with the terms hereof.

Filing and Recording Obligations. Each Borrower shall jointly and severally pay all filing, registration and recording fees and all expenses incident to the execution and acknowledgement of any Mortgage or other Credit Loan Document, including any instrument of further assurance described in subsection 6.11A6.14A, and shall pay all mortgage recording taxes, transfer taxes, general intangibles taxes and governmental stamp and other taxes, duties, imposts, assessments and charges arising out of or in connection with the execution, delivery, filing, recording or registration of any Mortgage or other Credit Loan Document, including any instrument of further assurance described in subsection 6.11A6.14A, or by reason of its interest in, or measured by amounts payable under, the Notes, the Mortgages or any other Credit Loan Document, including any instrument of further assurance described in subsection 6.11A6.14A, (excluding income, franchise and doing business Taxes), and shall pay all stamp Taxes and other Taxes required to be paid on the Notes or any Credit other Loan Document; provided, however, that such Borrower may contest in good faith and through appropriate proceedings, any such Taxes, duties, imposts, assessments and charges; provided further, however, that such Borrower shall pay all such Taxes, duties, imposts and charges when due to the appropriate taxing authority during the pendency of any such proceedings if required to do so to stay enforcement thereof. If any Borrower fails to make any of the payments described in the preceding sentence within 10 days after notice thereof from Administrative Agent (or such shorter period as is necessary to protect the loss of or diminution in value of any Collateral by reason of tax foreclosure or otherwise, as determined by Administrative Agent) accompanied by documentation verifying the nature and amount of such payments, Administrative Agent may (but shall not be obligated to) pay the amount due and Borrowers shall jointly and severally reimburse all amounts in accordance with the terms hereof.

Filing and Recording Obligations. Each Borrower shall jointly and severally pay all filing, registration and recording fees and all expenses incident to the execution and acknowledgement of any Mortgage or other Credit Loan Document, including any instrument of further assurance described in subsection 6.11ASECTION 7.11(a), and shall pay all mortgage recording taxes, transfer taxes, general intangibles taxes and governmental stamp and other taxes, duties, imposts, assessments and charges arising out of or in connection with the execution, delivery, filing, recording or registration of any Mortgage or other Credit Loan Document, including any instrument of further assurance described in subsection 6.11ASECTION 7.11(a), or by reason of its interest in, or measured by amounts payable under, the Notes, the Mortgages or any other Credit Loan Document, including any instrument of further assurance described in subsection 6.11ASECTION 7.11(a), (excluding income, franchise and doing business Taxestaxes), and shall pay all stamp Taxes taxes and other Taxes taxes required to be paid on the Notes or any Credit other Loan Document; providedPROVIDED, however, that such Borrower may contest in good faith and through appropriate proceedings, any such Taxestaxes, duties, imposts, assessments and charges; provided PROVIDED further, however, that such Borrower shall pay all such Taxestaxes, duties, imposts and charges when due to the appropriate taxing authority during the pendency of any such proceedings if required to do so to stay enforcement thereof. If any Borrower fails to make any of the payments described in the preceding sentence within 10 days after notice thereof from Administrative the Agent (or such shorter period as is necessary to protect the loss of or diminution in value of any Collateral by reason of tax foreclosure or otherwise, as determined by Administrative the Agent) accompanied by documentation verifying the nature and amount of such payments, Administrative the Agent may (but shall not be obligated to) pay the amount due and the Borrowers shall jointly and severally reimburse all amounts in accordance with the terms hereof. Anything herein to the contrary notwithstanding, if the Agent, in its reasonable discretion, shall determine to file any such financing statements, notices of lien, mortgages or similar instruments, or to otherwise confirm perfection of such liens, the Borrowers shall cooperate with and assist in such process.

Filing and Recording Obligations. Each Borrower shall jointly execute and severally deliver to the Administrative Agent, and shall pay all filing, registration and recording fees and all expenses incident to the execution and acknowledgement filing of, such Uniform Commercial Code financing statements for filing in all such jurisdictions and offices as the Lenders may reasonably request, and all filing, registration and recording fees and all expenses incidental to the execution, acknowledgment, filing or recording of any Mortgage or other Credit Loan Document, including any instrument of further assurance described in subsection 6.11Asection 5.15(a), and shall pay all mortgage recording taxes, transfer taxes, general intangibles taxes and governmental stamp and other taxes, duties, imposts, assessments and charges arising out of or in connection with the execution, delivery, filing, recording or registration of any Mortgage of the foregoing (or in connection with the discharge of the corresponding obligations under any other Credit Loan Document), including any instrument of further assurance described in subsection 6.11Asection 5.15(a), or by reason of its interest in, or measured by amounts payable under, the Notes, or in respect of the Mortgages Loans or Advances or any other Credit Loan Document, including any instrument of further assurance described in subsection 6.11A, (excluding income, franchise and doing business Taxessection 5.15(a), and shall pay all stamp Taxes taxes and other Taxes taxes required to be paid on the Notes or any Credit other Loan Document; provided, however, that such Borrower may contest but excluding in good faith the case of each Lender Party any Taxes imposed on its income by a jurisdiction under the laws of which it is organized or in which its principal executive office is located or in which its applicable lending office for funding or booking its Interim Loan Advances and through appropriate proceedings, any such Taxes, duties, imposts, assessments and charges; provided further, however, that such Borrower shall pay all such Taxes, duties, imposts and charges when due to the appropriate taxing authority during the pendency of any such proceedings if required to do so to stay enforcement thereofBasic Loan hereunder is located. If any either Borrower fails to make any of the payments described in the preceding sentence within 10 15 days after notice thereof from the Administrative Agent (or such shorter period as is may be necessary to protect against the loss of or diminution in value of any Collateral by reason of tax foreclosure or otherwise, as determined by the Administrative Agent, in its sole discretion) accompanied by documentation verifying the nature and amount of such payments, the Administrative Agent may (but shall not be obligated to) pay the amount due and Borrowers such Borrower shall jointly and severally reimburse all amounts so paid in accordance with the terms hereof.

Filing and Recording Obligations. Each Borrower shall jointly and severally pay all filing, registration and recording fees and all expenses incident to the execution and acknowledgement of any Mortgage mortgage or other Credit Loan Document, including any instrument of further assurance described in subsection 6.11ASection 6.15(a), and shall pay all mortgage recording taxes, transfer taxes, general intangibles taxes and governmental stamp and other taxes, duties, imposts, assessments and charges charges, to the extent not excused by Section 1146 of the Bankruptcy Code, arising out of or in connection with the execution, delivery, filing, recording or registration of any Mortgage mortgage or other Credit Loan Document, including any instrument of further assurance described in subsection 6.11ASection 6.15(a), or by reason of its interest in, or measured by amounts payable under, the Notes, the Mortgages Notes or any other Credit Loan Document, including any instrument of further assurance described in subsection 6.11ASection 6.15(a), (excluding income, franchise and doing business Taxes), and shall pay all stamp Taxes and other Taxes required to be paid on the Notes or any Credit other Loan Document; provided, however, that such Borrower may contest in good faith and through appropriate proceedings, any such Taxes, duties, imposts, assessments and charges; provided further, however, that such Borrower shall pay all such Taxes, duties, imposts and charges when due to the appropriate taxing authority during the pendency of any such proceedings if required to do so to stay enforcement thereof. If any Borrower fails to make any of the payments described in the preceding sentence within 10 days after notice thereof from Administrative Agent (or such shorter period as is necessary to protect the loss of or diminution in value of any Collateral by reason of tax foreclosure or otherwise, as determined by Administrative Agent) accompanied by documentation verifying the nature and amount of such payments, Administrative Agent may (but shall not be obligated to) pay the amount due and Borrowers Borrower shall jointly and severally reimburse all amounts in accordance with the terms hereof.