Common use of No Duty to Contest Clause in Contracts

No Duty to Contest. The protection of this Section 2.8 shall be available to a Lender regardless of any possible contention of invalidity or inapplicability of the Law or condition that shall have been imposed. Should a Lender assess any charge to the Borrower under this Section 2.8, and provided that the Borrower pays the assessment to the affected Lender, the Borrower may within ninety (90) days after receiving notice of such assessment undertake, at the Borrower's own expense, any contest of the matters giving rise to the charge that may, in the opinion of the Borrower's independent counsel issued to the affected Lender, and concurred in by counsel to the Lender, have a reasonable chance of success, provided further that the contest would not require the assertion of any position contrary to a position taken by the Lender generally with taxing or regulatory authorities or any other involved parties and that there does not exist any other circumstance that would disadvantage the Lender in the event of such contest, as the affected Lender may determine in its discretion. The affected Lender shall offer reasonable participation to the Borrower for the purpose of enabling the Borrower to pursue the contest of such issue, with all expenses, including fees and expenses of the affected Lender's counsel, to be paid by the Borrower.

No Duty to Contest. The protection of this Section 2.8 shall be available to a Lender regardless of any possible contention of invalidity or inapplicability of the Law or condition that shall have been imposed. Should a Lender assess any charge to the Borrower under this Section 2.8, and provided that the Borrower pays the assessment to the affected Lender, the Borrower may within ninety (90) days after receiving notice of such assessment undertake, at the Borrower's own expense, any contest of the matters giving rise to the charge that may, in the opinion of the Borrower's independent counsel issued to the affected Lender, and concurred in by counsel to the Lender, have a reasonable chance of success, provided further that the contest would not require the assertion of any position contrary to a position taken by the Lender generally with taxing or regulatory authorities or any other involved parties and that there does not exist any other circumstance that would disadvantage the Lender in the event of such contest, as the affected Lender may determine in its discretion. The affected Lender shall offer reasonable participation to the Borrower for the purpose of enabling the Borrower to pursue the contest of such issue, with all expenses, including fees and expenses of the affected Lender's counsel, to be paid by the Borrower.

No Duty to Contest. The protection of this Section 2.8 shall be available to a Lender regardless of any possible contention of invalidity or inapplicability of the Law or condition that shall have been imposed. Should a Lender assess any charge to the Borrower under this Section 2.8, and provided that the Borrower pays the assessment to the affected Lender, the Borrower may within ninety (90) days after receiving notice of such assessment undertake, at the Borrower's own expense, any contest of the matters giving rise to the charge that may, in the opinion of the Borrower's independent counsel issued to the affected Lender, and concurred in by counsel to the Lender, have a reasonable chance of success, provided further that the contest would not require the assertion of any position contrary to a position taken by the Lender generally with taxing or regulatory authorities or any other involved parties and that there does not exist any other circumstance that would disadvantage the Lender in the event of such contest, as the affected Lender may determine in its discretion. The affected Lender shall offer reasonable participation to the Borrower for the purpose of enabling the Borrower to pursue the contest of such issue, with all expenses, including fees and expenses of the affected Lender's counsel, to be paid by the Borrower.