Governmental Charges and Other Indebtedness. Borrower and its Subsidiaries shall promptly pay and discharge before delinquent (i) all taxes and other Governmental Charges prior to the date upon which penalties accrue thereon, except such Governmental Charges as may in good faith be contested or disputed by appropriate proceedings, provided that in each such case appropriate reserves are maintained in accordance with GAAP, (ii) all Indebtedness which, if unpaid, could become a Lien upon the property of Borrower or its Subsidiaries and (iii) all other Indebtedness which, if unpaid, could have a Material Adverse Effect, except such Indebtedness as may in good faith be contested or disputed by appropriate proceedings, or for which arrangements for deferred payment have been made, provided that in each such case appropriate reserves are maintained in accordance with GAAP.
Appears in 4 contracts
Samples: Credit Agreement (Bell Microproducts Inc), Credit Agreement (Bell Microproducts Inc), Credit Agreement (Bell Microproducts Inc)
Governmental Charges and Other Indebtedness. Borrower Lessee and its Subsidiaries shall promptly pay and discharge before delinquent when due (i) all taxes and other Governmental Charges prior to the date upon which penalties accrue thereon, except such Governmental Charges as may in good faith be contested or disputed by appropriate proceedings, provided that in each such case appropriate reserves are maintained in accordance with GAAP, (ii) all Indebtedness indebtedness which, if unpaid, could become a Lien upon the property of Borrower Lessee or its Subsidiaries and (iii) subject to any subordination provisions applicable thereto, all other Indebtedness whichindebtedness; except where (A) the failure to pay any such taxes, if unpaidother Governmental Charges or indebtedness, could either alone or collectively, is not reasonably likely to have a Material Adverse EffectEffect and (B) any such taxes, except such Indebtedness other Governmental Charges or indebtedness as may in good faith be contested or disputed by appropriate proceedingsdisputed, or for which arrangements for deferred payment have been made, provided that in each such case appropriate reserves as required by GAAP are maintained in accordance with GAAPmaintained.
Appears in 3 contracts
Samples: Participation Agreement (Novellus Systems Inc), Participation Agreement (Novellus Systems Inc), Participation Agreement (Novellus Systems Inc)