Common use of Obligations, Taxes and Liens Clause in Contracts

Obligations, Taxes and Liens. Pay all of its indebtednesses and obligations in accordance with normal terms and practices of its business and pay and discharge or cause to be paid and discharged all taxes, assessments, and governmental charges or levies imposed upon it or upon any of its income and profits, or upon any of its properties, real, personal or mixed, or upon any part thereof, before the same shall become in default, as well as all lawful claims for labor, materials, and supplies which otherwise, if unpaid, might become a lien or charge upon such properties or any part thereof; provided, however, that Borrower and Related Entities shall not be required to pay and discharge or to cause to be paid and discharged any such indebtedness, obligation, tax, assessment, trade payable, charge, levy or claim so long as the validity thereof shall be contested in good faith by appropriate proceedings satisfactory to Administrative Agent, and Administrative Agent shall be furnished, if Administrative Agent shall so request, bond or other security protecting it against loss in the event that such contest should be adversely determined. In addition, Borrower shall immediately pay, upon the request of Administrative Agent (which may be at the direction of the Required Lenders), all mortgage and/or intangible taxes and/or penalties payable to government officials with respect to any CBL Mortgage and/or the Note or, if Administrative Agent has elected to pay same (at the direction of the Required Lenders), Borrower shall immediately reimburse Administrative Agent therefor (who shall in turn reimburse the Lenders); provided, however Borrower shall not be required to pay so long as Borrower or any Related Entity is contesting the tax and/or penalties in good faith and through continuous and appropriate proceedings but Borrower shall be required to reimburse the Administrative Agent or any Lender to the extent Administrative Agent or any Lender has made any payment.

Appears in 3 contracts

Samples: Loan Agreement (CBL & Associates Properties Inc), Loan Agreement (CBL & Associates Properties Inc), Loan Agreement (CBL & Associates Properties Inc)

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Obligations, Taxes and Liens. Pay all of its indebtednesses and obligations in accordance with normal terms and practices of its business and pay and discharge or cause to be paid and discharged all taxes, assessments, and governmental charges or levies imposed upon it or upon any of its income and profits, or upon any of its properties, real, personal or mixed, or upon any part thereof, before the same shall become in default, as well as all lawful claims for labor, materials, and supplies which otherwise, if unpaid, might become a lien or charge upon such properties or any part thereof; provided, however, that the Borrower and Related Entities shall not be required to pay and discharge or to cause to be paid and discharged any such indebtedness, obligation, tax, assessment, trade payable, charge, levy or claim so long as the validity thereof shall be contested in good faith by appropriate proceedings satisfactory to Administrative AgentBank, and Administrative Agent Bank shall be furnished, if Administrative Agent Bank shall so request, bond or other security protecting it against loss in the event that such contest should be adversely determined. In addition, Borrower Borrower, Lakeshore and Lakes Mall shall immediately pay, upon the request of Administrative Agent (which may be at the direction of the Required Lenders)Bank, all mortgage and/or intangible taxes and/or penalties payable to government officials with respect to any CBL Mortgage and/or the Note, Lakeshore Note, or Lakes Mall Note or, if Administrative Agent Bank has elected to pay same (at the direction of the Required Lenders)same, Borrower Borrower, Lakeshore and Lakes Mall shall immediately reimburse Administrative Agent Bank therefor (who shall in turn reimburse upon the Lenders)request of the Bank; provided, however Borrower Borrower, Lakeshore and Lakes Mall shall not be required to pay so long as Borrower Borrower, Lakeshore, Lakes Mall or any Related Entity is contesting the tax and/or penalties in good faith and through continuous and appropriate proceedings but Borrower Borrower, Lakeshore and Lakes Mall shall be required to reimburse the Administrative Agent or any Lender to the extent Administrative Agent or any Lender Bank has made any payment.

Appears in 3 contracts

Samples: Loan Agreement (CBL & Associates Properties Inc), Loan Agreement (CBL & Associates Properties Inc), Loan Agreement (CBL & Associates Properties Inc)

Obligations, Taxes and Liens. Pay all of its indebtednesses and obligations in accordance with normal terms and practices of its business and pay and discharge or cause to be paid and discharged all taxes, assessments, and governmental charges or levies imposed upon it or upon any of its income and profits, or upon any of its properties, real, personal or mixed, or upon any part thereof, before the same shall become in default, as well as all lawful claims for labor, materials, and supplies which otherwise, if unpaid, might become a lien or charge upon such properties or any part thereof; provided, however, that the Borrower and Related Entities shall not be required to pay and discharge or to cause to be paid and discharged any such indebtedness, obligation, tax, assessment, trade payable, charge, levy or claim so long as the validity thereof shall be contested in good faith by appropriate proceedings satisfactory to Administrative AgentBank, and Administrative Agent Bank shall be furnished, if Administrative Agent Bank shall so request, bond or other security protecting it against loss in the event that such contest should be adversely determined. In addition, Borrower and Lakeshore shall immediately pay, upon the request of Administrative Agent (which may be at the direction of the Required Lenders)Bank, all mortgage and/or intangible taxes and/or penalties payable to government officials with respect to any CBL Mortgage and/or the Note or, if Administrative Agent Bank has elected to pay same (at the direction of the Required Lenders)same, Borrower shall immediately reimburse Administrative Agent Bank therefor (who shall in turn reimburse upon the Lenders)request of the Bank; provided, however Borrower shall not be required to pay or reimburse so long as Borrower or any Related Entity is contesting the tax and/or penalties in good faith and through continuous and appropriate proceedings but Borrower shall be required to reimburse the Administrative Agent or any Lender to the extent Administrative Agent or any Lender has made any paymentproceedings.

Appears in 2 contracts

Samples: Loan Agreement (CBL & Associates Properties Inc), Loan Agreement (CBL & Associates Properties Inc)

Obligations, Taxes and Liens. Pay all of its indebtednesses and obligations in accordance with normal terms and practices of its business and pay and discharge or cause to be paid and discharged all taxes, assessments, and governmental charges or levies imposed upon it or upon any of its income and profits, or upon any of its properties, real, personal or mixed, or upon any part thereof, before the same shall become in default, as well as all lawful claims for labor, materials, and supplies which otherwise, if unpaid, might become a lien or charge upon such properties or any part thereof; provided, however, that the Borrower and Related Entities shall not be required to pay and discharge or to cause to be paid and discharged any such indebtedness, obligation, tax, assessment, trade payable, charge, levy or claim so long as the validity thereof shall be contested in good faith by appropriate proceedings satisfactory to Administrative AgentBank, and Administrative Agent Bank shall be furnished, if Administrative Agent Bank shall so request, bond or other security protecting it against loss in the event that such contest should be adversely determined. In addition, Borrower Borrower, Lakeshore and Lakes Mall shall immediately pay, upon the request of Administrative Agent (which may be at the direction of the Required Lenders)Bank, all mortgage and/or intangible taxes and/or penalties payable to government officials with respect to any CBL Mortgage and/or the Note Notes or, if Administrative Agent Bank has elected to pay same (at the direction of the Required Lenders)same, Borrower Borrower, Lakeshore and Lakes Mall shall immediately reimburse Administrative Agent Bank therefor (who shall in turn reimburse upon the Lenders)request of the Bank; provided, however Borrower Borrower, Lakeshore and Lakes Mall shall not be required to pay so long as Borrower Borrower, Lakeshore, Lakes Mall or any Related Entity is contesting the tax and/or penalties in good faith and through continuous and appropriate proceedings but Borrower Borrower, Lakeshore and Lakes Mall shall be required to reimburse the Administrative Agent or any Lender to the extent Administrative Agent or any Lender Bank has made any payment.

Appears in 2 contracts

Samples: Loan Agreement (CBL & Associates Properties Inc), Loan Agreement (CBL & Associates Properties Inc)

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Obligations, Taxes and Liens. Pay all of its indebtednesses and obligations in accordance with normal terms and practices of its business and pay and discharge or cause to be paid and discharged all taxes, assessments, and governmental charges or levies imposed upon it or upon any of its income and profits, or upon any of its properties, real, personal or mixed, or upon any part thereof, before the same shall become in default, as well as all lawful claims for labor, materials, and supplies which otherwise, if unpaid, might become a lien or charge upon such properties or any part thereof; provided, however, that the Borrower and Related Entities shall not be required to pay and discharge or to cause to be paid and discharged any such indebtedness, obligation, tax, assessment, trade payable, charge, levy or claim so long as the validity thereof shall be contested in good faith by appropriate proceedings satisfactory to Administrative AgentBank, and Administrative Agent Bank shall be furnished, if Administrative Agent Bank shall so request, bond or other security protecting it against loss in the event that such contest should be adversely determined. In addition, Borrower and Lakes Mall shall immediately pay, upon the request of Administrative Agent (which may be at the direction of the Required Lenders)Bank, all mortgage and/or intangible taxes and/or penalties payable to government officials with respect to any CBL Mortgage and/or the Note Notes or, if Administrative Agent Bank has elected to pay same (at the direction of the Required Lenders)same, Borrower and Lakes Mall shall immediately reimburse Administrative Agent Bank therefor (who shall in turn reimburse upon the Lenders)request of the Bank; provided, however Borrower and Lakes Mall shall not be required to pay so long as Borrower Borrower, Lakes Mall or any Related Entity is contesting the tax and/or penalties in good faith and through continuous and appropriate proceedings but Borrower and Lakes Mall shall be required to reimburse the Administrative Agent or any Lender to the extent Administrative Agent or any Lender Bank has made any payment.

Appears in 1 contract

Samples: Loan Agreement (CBL & Associates Properties Inc)

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