Common use of Payment and Performance of Obligations Clause in Contracts

Payment and Performance of Obligations. Pay and perform all material Obligations under this Agreement and the other Loan Documents, and pay or perform (a) all taxes, assessments and other governmental charges that may be levied or assessed upon it or any of its property, and (b) all other indebtedness, obligations and liabilities in accordance with customary trade practices; except to the extent that IPT or the Borrower is contesting any item described in clauses (a) or (b) of this Section 7.5 in good faith and is maintaining adequate reserves with respect thereto in accordance with GAAP.

Appears in 18 contracts

Samples: Credit Agreement (Cooper River Properties LLC), Credit Agreement (Cooper River Properties LLC), Credit Agreement (Cooper River Properties LLC)

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Payment and Performance of Obligations. Pay and perform all material Obligations under this Agreement and the other Loan Documents, and pay or perform (a) all taxes, assessments and other governmental charges that may be levied or assessed upon it or any of its property, and (b) all other indebtedness, obligations and liabilities in accordance with customary trade practices; except to the extent provided, that IPT or the Borrower is contesting or such Subsidiary may contest any item described in clauses (a) or (b) of this Section 7.5 in good faith and is maintaining so long as adequate reserves are maintained with respect thereto in accordance with GAAP.

Appears in 10 contracts

Samples: Credit Agreement (Pool Corp), Credit Agreement (Pool Corp), Credit Agreement (Lmi Aerospace Inc)

Payment and Performance of Obligations. Pay and perform all material Obligations under this Agreement and the other Loan Documents, and pay or perform (a) all material taxes, assessments and other governmental charges that may be levied or assessed upon it or any of its property, and (b) all other material indebtedness, obligations and liabilities in accordance with customary trade practices; except to the extent provided, that IPT or the Borrower is contesting or such Restricted Subsidiary may contest any item described in clauses (a) or (b) of this Section 7.5 in good faith and is maintaining so long as adequate reserves are maintained with respect thereto in accordance with GAAP.

Appears in 7 contracts

Samples: Credit Agreement (CoreCivic, Inc.), Credit Agreement (CoreCivic, Inc.), Term Loan Credit Agreement (CoreCivic, Inc.)

Payment and Performance of Obligations. Pay and perform all material Obligations under this Agreement and the other Loan Documents, and pay or perform (a) all taxes, assessments and other governmental charges that may be levied or assessed upon it or any of its property, and (b) all other indebtedness, obligations and liabilities in accordance with customary trade practices; except to provided, that the extent that IPT US Borrower or the Borrower is contesting such Subsidiary may contest any item described in clauses (a) or (b) of this Section 7.5 in good faith and is maintaining so long as adequate reserves are maintained with respect thereto in accordance with GAAP.

Appears in 6 contracts

Samples: Credit Agreement (Pool Corp), Credit Agreement (Pool Corp), Credit Agreement (SCP Pool Corp)

Payment and Performance of Obligations. Pay and perform all material Obligations under this Agreement and the other Loan Documents, and pay or perform (a) all taxes, assessments and other governmental charges that may be levied or assessed upon it or any of its property, and (b) all other indebtedness, obligations and liabilities in accordance with customary trade practices; except to the extent provided, that IPT or the Borrower is contesting or such Subsidiary may contest any item described in clauses (a) or (b) of this Section 7.5 8.5 in good faith and is maintaining so long as adequate reserves are maintained with respect thereto in accordance with GAAP.

Appears in 5 contracts

Samples: Credit Agreement (Compx International Inc), Credit Agreement (Performance Food Group Co), Credit Agreement (Compx International Inc)

Payment and Performance of Obligations. Pay and perform all material Obligations under this Agreement and the other Loan Documents, and pay or perform (a) all taxes, assessments and other governmental charges that may be levied or assessed upon it or any of its property, and (b) all other indebtedness, obligations and liabilities in accordance with customary trade practices; except to the extent provided, that IPT or the Borrower is contesting may contest any item described in clauses (a) or (b) of this Section 7.5 7.4 in good faith and is maintaining so long as adequate reserves are maintained with respect thereto in accordance with GAAP.

Appears in 5 contracts

Samples: Loan Agreement (Medcath Corp), Loan Agreement (Medcath Corp), Loan Agreement (Medcath Corp)

Payment and Performance of Obligations. Pay and perform all material Obligations under this Agreement and the other Loan Documents, and pay or perform (a) all material taxes, assessments and other governmental charges that may be levied or assessed upon it or any of its property, and (b) all other material indebtedness, obligations and liabilities in accordance with customary trade practices; except to the extent provided, that IPT or the Borrower is contesting or such Subsidiary may contest any item described in clauses (a) or (b) of this Section 7.5 8.5 in good faith and is maintaining so long as adequate reserves are maintained with respect thereto in accordance with GAAP.

Appears in 5 contracts

Samples: Credit Agreement (Rare Hospitality International Inc), Credit Agreement (Rare Hospitality International Inc), Credit Agreement (Rare Hospitality International Inc)

Payment and Performance of Obligations. Pay and perform all material Obligations under this Agreement and the other Loan Documents, and pay or perform (a) all taxes, assessments and other governmental charges that may be levied or assessed upon it or any of its property, and (b) all other indebtedness, obligations and liabilities in accordance with customary trade practices; except to the extent provided, that IPT a Borrower or the Borrower is contesting Subsidiary may contest any item described in clauses (a) or (b) of this Section 7.5 8.5 in good faith and is maintaining so long as adequate reserves are maintained with respect thereto in accordance with GAAP.

Appears in 5 contracts

Samples: Credit Agreement (Urban Outfitters Inc), Credit Agreement (Urban Outfitters Inc), Credit Agreement (Urban Outfitters Inc)

Payment and Performance of Obligations. Pay and perform all material Obligations under this Agreement and the other Loan Documents, and pay or perform (a) all taxes, assessments and other governmental charges Taxes that may be levied or assessed upon it or any of its propertyProperty, and (b) all other material indebtedness, obligations and liabilities in accordance with customary trade practices; except to the extent provided, that IPT or the Borrower is contesting or such Subsidiary may contest any item described in clauses (a) or (b) of this Section 7.5 in good faith and is maintaining so long as adequate reserves are maintained with respect thereto in accordance with GAAP.

Appears in 4 contracts

Samples: Credit Agreement (Aci Worldwide, Inc.), Credit Agreement (Aci Worldwide, Inc.), Credit Agreement (Aci Worldwide, Inc.)

Payment and Performance of Obligations. Pay and perform all material Obligations under this Agreement and the other Loan Documents, Documents and pay or perform (a) all taxes, assessments and other governmental charges that may be levied or assessed upon it or any of its property, and (b) all other indebtedness, obligations and liabilities in accordance with customary trade practices; except to the extent provided, that IPT or the such Borrower is contesting and its Subsidiaries may contest any item described in clauses (a) or and (b) of this Section 7.5 hereof in good faith and is maintaining so long as adequate reserves are maintained with respect thereto in accordance with GAAP.

Appears in 4 contracts

Samples: Credit Agreement (Ahl Services Inc), Credit Agreement (Ahl Services Inc), Credit Agreement (Ahl Services Inc)

Payment and Performance of Obligations. Pay and perform all material Obligations under this Agreement and the other Loan Documents, and pay or perform (a) all taxes, assessments and other governmental charges that may be levied or assessed upon it or any of its property, and (b) all other indebtedness, obligations and liabilities in accordance with customary trade practices; except to the extent provided, that IPT any Borrower or the Borrower is contesting such Subsidiary may contest any item described in clauses (a) or (b) of this Section 7.5 8.5 in good faith and is maintaining so long as adequate reserves are maintained with respect thereto in accordance with GAAP.

Appears in 4 contracts

Samples: Credit Agreement (Belk Inc), Credit Agreement (Belk Inc), Bridge Credit Agreement (Belk Inc)

Payment and Performance of Obligations. Pay and perform all material Obligations under this Agreement and the other Loan Documents, and pay or perform (a) all taxes, assessments and other governmental charges that may be levied or assessed upon it or any of its property, and (b) all other indebtedness, obligations and liabilities in accordance with customary trade practices; except to the extent provided, that IPT or the Borrower is contesting or such Restricted Subsidiary may contest any item described in clauses (a) or (b) of this Section 7.5 9.5 in good faith and is maintaining so long as adequate reserves are maintained with respect thereto in accordance with GAAP.

Appears in 4 contracts

Samples: Credit Agreement (Geo Group Inc), Credit Agreement (Veridian Corp), Credit Agreement (Wackenhut Corrections Corp)

Payment and Performance of Obligations. Pay and perform all material Obligations under this Agreement and the other Loan Documents, and pay or perform (a) all taxes, assessments and other governmental charges that may be levied or assessed upon it or any of its property, and (b) all other indebtedness, obligations and liabilities in accordance with customary trade practices; except to the extent provided, that IPT any Borrower or the Borrower is contesting such Subsidiary may contest any item described in clauses (a) or (b) of this Section 7.5 9.5 in good faith and is maintaining so long as adequate reserves are maintained with respect thereto in accordance with GAAP.

Appears in 3 contracts

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

Payment and Performance of Obligations. Pay and perform all material Obligations under this Agreement and the other Loan Documents, and pay or perform (a) all taxes, assessments and other governmental charges that may be levied or assessed upon it or any of its property, and (b) all other indebtedness, obligations and liabilities in accordance with customary trade practices; except to the extent provided that IPT or the Borrower is contesting or such Subsidiary may contest any item described in clauses (a) or (b) of this Section 7.5 8.5 in good faith and is maintaining so long as adequate reserves are maintained with respect thereto in accordance with GAAP.

Appears in 3 contracts

Samples: Credit Agreement (WLR Foods Inc), Term Loan Agreement (WLR Foods Inc), Revolving Credit Agreement (WLR Foods Inc)

Payment and Performance of Obligations. Pay and perform all material Obligations under this Agreement and the other Loan Documents, and pay or perform (a) all taxesmaterial Taxes, assessments and other governmental charges that may be levied or assessed upon it or any of its property, and (b) all other indebtedness, material obligations and liabilities in accordance with customary trade practices; except to provided, that the extent that IPT Company or the Borrower is contesting such Restricted Subsidiary may contest any item described in clauses (a) or (b) of this Section 7.5 in good faith and is maintaining so long as adequate reserves are maintained with respect thereto in accordance with GAAP.

Appears in 3 contracts

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

Payment and Performance of Obligations. Pay and perform all material Obligations under this Agreement and the other Loan Documents, and pay or perform (a) all taxes, assessments and other governmental charges Taxes that may be levied or assessed upon it or any of its property, and (b) all other material indebtedness, obligations and liabilities in accordance with customary trade practices; except to provided, that the extent that IPT Parent Borrower or the Borrower is contesting such Subsidiary may contest any item described in clauses (a) or (b) of this Section 7.5 in good faith and is maintaining so long as adequate reserves are maintained with respect thereto in accordance with GAAP.

Appears in 3 contracts

Samples: Credit Agreement (Aci Worldwide, Inc.), Amendment Agreement (Aci Worldwide, Inc.), Credit Agreement (Aci Worldwide, Inc.)

Payment and Performance of Obligations. Pay and perform all material Obligations under this Agreement and the other Loan Documents, and pay or perform (a) all taxes, assessments and other governmental charges that may be levied or assessed upon it or any of its property, and (b) all other indebtedness, obligations and liabilities in accordance with customary trade practices; except to the extent provided, that IPT such Borrower or the Borrower is contesting such Subsidiary may contest any item described in clauses (aSection 8.5(a) or and (b) of this Section 7.5 in good faith and is maintaining so long as adequate reserves are maintained with respect thereto in accordance with GAAP.

Appears in 3 contracts

Samples: Credit Agreement (Cornerstone Realty Income Trust Inc), Credit Agreement (Cornerstone Realty Income Trust Inc), Credit Agreement (Cornerstone Realty Income Trust Inc)

Payment and Performance of Obligations. Pay and perform all material Obligations under this Agreement and the other Loan Documents, Documents and pay or perform (a) all taxes, assessments and other governmental charges that may be levied or assessed upon it or any of its property, and (b) all other indebtedness, obligations and liabilities in accordance with customary trade practices; except to the extent provided, that IPT ACC or the Borrower is contesting such Subsidiary may contest any item described in clauses (a) or and (b) of this Section 7.5 hereof in good faith and is maintaining so long as adequate reserves are maintained with respect thereto in accordance with GAAP.

Appears in 2 contracts

Samples: Credit Agreement (Acc Corp), Credit Agreement (Acc Corp)

Payment and Performance of Obligations. (a) Pay and perform -------------------------------------- all material Obligations under this Agreement and the other Loan Documents, Documents and (b) pay or perform (a) all material taxes, assessments and other governmental charges that may be levied or assessed upon it or any of its property; provided, and (b) all other indebtedness, obligations and liabilities in accordance with customary trade practices; except to that the extent that IPT -------- Borrower or the Borrower is contesting such Subsidiary may contest any item described in clauses (a) or clause (b) of this Section 7.5 8.5 in good faith and is maintaining so long as adequate reserves are maintained with respect thereto in accordance with GAAP.

Appears in 2 contracts

Samples: Credit Agreement (American Business Information Inc /De), Credit Agreement (American Business Information Inc /De)

Payment and Performance of Obligations. Pay and perform all material Obligations under this Agreement and the other Loan Documents, and pay or perform (a) all material taxes, assessments and other governmental charges that may be levied or assessed upon it or any of its property, and (b) all other indebtedness, obligations and liabilities in accordance with customary trade practices; except to provided, that the extent that IPT Domestic Borrower or the Borrower is contesting such Subsidiary may contest any item described in clauses (a) or (b) of this Section 7.5 9.5 in good faith and is maintaining so long as adequate reserves are maintained with respect thereto in accordance with GAAP.

Appears in 2 contracts

Samples: Credit Agreement (G&k Services Inc), Credit Agreement (G&k Services Inc)

Payment and Performance of Obligations. Pay and perform all material Obligations under this Agreement and the other Loan Documents, and pay or perform (a) all taxes, assessments and other governmental charges that may be levied or assessed upon it or any of its property, and (b) all other indebtedness, obligations and liabilities in accordance with customary trade practices; except to the extent provided, that IPT or the Borrower is contesting or such Subsidiary may contest any item described in clauses (a) or (b) of this Section 7.5 9.5 in good faith and is maintaining so long as adequate reserves are maintained with respect thereto in accordance with GAAP.

Appears in 2 contracts

Samples: Credit Agreement (Veridian Corp), Credit Agreement (Veridian Corp)

Payment and Performance of Obligations. Pay and perform when due all material Obligations under this Agreement and the other Loan Documents, and pay or perform when due (a) all taxes, assessments and other governmental charges that may be levied or assessed upon it or any of its property, and (b) all other material indebtedness, obligations and liabilities in accordance with customary trade practices; except to the extent provided that IPT or the Borrower is contesting or such Subsidiary may contest any item described in clauses (a) or (b) of this Section 7.5 8.5 in good faith and is maintaining by appropriate proceedings so long as adequate reserves are maintained with respect thereto in accordance with GAAP.

Appears in 2 contracts

Samples: Credit Agreement (Roanoke Electric Steel Corp), Credit Agreement (Roanoke Electric Steel Corp)

Payment and Performance of Obligations. Pay and perform all material Obligations under this Agreement and the other Loan Documents, and pay or perform (a) all taxes, assessments and other governmental charges that may be levied or assessed upon it or any of its property, and (b) all other indebtedness, obligations and liabilities in accordance with customary trade practices; except to the extent provided, that IPT or the Borrower is contesting may contest any item described in clauses (a) or (b) of this Section 7.5 in good faith and is maintaining adequate reserves with respect thereto in accordance with GAAP.of

Appears in 2 contracts

Samples: Loan Agreement (Medcath Corp), Loan Agreement (Medcath Corp)

Payment and Performance of Obligations. Pay and perform all material Obligations under this Agreement and the other Loan Documents, and pay or perform (a) all taxes, assessments and other governmental charges that may be levied or assessed upon it or any of its property, and (b) all other indebtedness, obligations and liabilities in accordance with customary trade practices; except to the extent provided, that IPT or the Borrower is contesting or such Restricted Subsidiary may contest any item described in clauses (a) or (b) of this Section 7.5 in good faith and is maintaining so long as adequate reserves are maintained with respect thereto in accordance with GAAP.

Appears in 2 contracts

Samples: Credit Agreement (Corrections Corp of America), Credit Agreement (Corrections Corp of America)

Payment and Performance of Obligations. Pay and perform (a) all material Obligations under this Agreement and the other Loan Documents, and pay or perform (ab) all taxes, assessments and other governmental charges that may be levied or assessed upon it or any of its property, property and (bc) all other indebtedness, obligations and liabilities in accordance with customary trade practices; except to , provided, that the extent that IPT applicable Borrower or the Borrower is contesting such Subsidiary may contest any item described in clauses (a) or clause (b) of this Section 7.5 in good faith and is maintaining so long as adequate reserves are maintained with respect thereto in accordance with GAAP.

Appears in 2 contracts

Samples: Credit Agreement (Tekelec), Credit Agreement (Tekelec)

Payment and Performance of Obligations. Pay and perform all material Obligations under this Agreement and the other Loan Documents, and pay or perform (a) all material taxes, assessments and other governmental charges that may be levied or assessed upon it or any of its property, and (b) all other material indebtedness, obligations and liabilities in accordance with customary trade practices; except to the extent provided, that IPT such Borrower or the Borrower is contesting such Subsidiary may contest any item described in clauses (a) or and (b) of this Section 7.5 in good faith and is maintaining so long as adequate reserves are maintained with respect thereto in accordance with GAAP.

Appears in 2 contracts

Samples: Credit Agreement (Rare Hospitality International Inc), Credit Agreement (Rare Hospitality International Inc)

Payment and Performance of Obligations. Pay and perform all material Obligations under this Agreement and the other Loan Documents, and pay or perform (a) all taxesmaterial Taxes, assessments and other governmental charges that may be levied or assessed upon it or any of its property, and (b) all other indebtedness, material obligations and liabilities in accordance with customary trade practices; except to the extent provided, that IPT or the Borrower is contesting or such Subsidiary may contest any item described in clauses (a) or (b) of this Section 7.5 in good faith and is maintaining so long as adequate reserves are maintained with respect thereto in accordance with GAAP.

Appears in 2 contracts

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

Payment and Performance of Obligations. Pay and perform all material Obligations under this Agreement and the other Loan Documents, and pay or perform (a) all taxes, assessments and other governmental charges that may be levied or assessed upon it or any of its property, and (b) all other indebtedness, obligations and liabilities in accordance with customary trade practices; , except where the failure to the extent that IPT pay or the Borrower is contesting any item perform such items described in clauses clause (a) or (b) of this Section 7.5 in good faith and is maintaining adequate reserves with respect thereto in accordance with GAAPcould not reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Credit Agreement (Globalstar, Inc.), Credit Agreement (Globalstar, Inc.)

Payment and Performance of Obligations. Pay and perform all material Obligations under this Agreement and the other Loan Documents, and pay or perform (a) all taxes, assessments and other governmental charges that may be levied or assessed upon it or any of its property, and (b) all other indebtedness, obligations and liabilities in accordance with customary trade practices; except to the extent provided, that IPT such Borrower or the Borrower is contesting such Subsidiary may contest any item described in clauses (a) or (b) of this Section 7.5 8.5 in good faith and is maintaining so long as adequate reserves are maintained with respect thereto in accordance with GAAP.

Appears in 1 contract

Samples: Credit Agreement (Cca Prison Realty Trust)

Payment and Performance of Obligations. Pay and perform -------------------------------------- all material Obligations under this Agreement and the other Loan Documents, and pay or perform (a) all taxes, assessments and other governmental charges that may be levied or assessed upon it or any of its property, and (b) all other indebtedness, obligations and liabilities in accordance with customary trade practices; except to the extent provided, that IPT or the Borrower is contesting or such Subsidiary may contest any item -------- described in the foregoing clauses (a) or (b) of this Section 7.5 in good faith and is maintaining so long as adequate reserves are maintained with respect thereto in accordance with GAAP.

Appears in 1 contract

Samples: Credit Agreement (Edutrek Int Inc)

Payment and Performance of Obligations. Pay and perform all material Obligations under this Agreement and the other Loan Documents, and pay or perform perform: (ai) all taxes, assessments and other governmental charges that may be levied or assessed upon it or any of its property, and (bii) all other indebtedness, obligations and liabilities in accordance with customary trade practices; except to provided, that the extent that IPT Borrowers or the Borrower is contesting such Subsidiary may contest any item described in clauses (ai) or (bii) of this Section 7.5 8.5 in good faith and is maintaining so long as adequate reserves are maintained with respect thereto in accordance with GAAP.

Appears in 1 contract

Samples: Credit Agreement (Imagemax Inc)

Payment and Performance of Obligations. Pay and perform all material Obligations under this Agreement and the other Loan Documents, and pay or perform (a) all taxes, assessments and other governmental charges that may be levied or assessed upon it or any of its property, and (b) all other indebtedness, obligations and liabilities in accordance with customary trade practices; except to the extent which if not paid would have a Material Adverse Effect; provided, that IPT or the Borrower is contesting or such Consolidated Entity may contest any item described in clauses (a) or (b) of this Section 7.5 8.5 in good faith and is maintaining so long as adequate reserves are maintained with respect thereto in accordance with GAAP.

Appears in 1 contract

Samples: Credit Agreement (Quorum Health Group Inc)

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Payment and Performance of Obligations. Pay and perform -------------------------------------- all material Obligations under this Agreement and the other Loan Documents, and pay or perform (a) all taxes, assessments and other governmental charges that may be levied or assessed upon it or any of its property, and (b) all other indebtedness, obligations and liabilities in accordance with customary trade practices; except to provided, that the extent that IPT Company or the Borrower is contesting such Subsidiary may contest any item -------- described in clauses (a) or (b) of this Section 7.5 9.5 in good faith and is maintaining so long as adequate reserves are maintained with respect thereto in accordance with GAAP.

Appears in 1 contract

Samples: Credit Agreement (Choice One Communications Inc)

Payment and Performance of Obligations. Pay and perform all material Obligations under this Agreement and the other Loan Documents, and pay or perform (a) all taxes, assessments and other governmental charges that may be levied or assessed upon it or any of its property, and (b) all other indebtedness, obligations and liabilities in accordance with customary trade practices; except to the extent provided that IPT or the Borrower is contesting or such Restricted Subsidiary may contest any item described in clauses (a) or (b) of this Section 7.5 9.5 in good faith and is maintaining so long as adequate reserves are maintained with respect thereto in accordance with GAAP.

Appears in 1 contract

Samples: Credit Agreement (Geo Group Inc)

Payment and Performance of Obligations. Pay and perform all material Obligations under this Agreement and the other Loan Documents, and pay or perform (a) all taxes, assessments and other governmental charges that may be levied or assessed upon it or any of its property, and (b) all other indebtedness, obligations and liabilities in accordance with customary trade practices; except to the extent provided, that IPT or the Borrower is contesting or such Subsidiary may contest any item described in clauses (a) or (b) of this Section 7.5 8.5 in good faith and is maintaining so long as adequate reserves are maintained with respect thereto in accordance with GAAP.

Appears in 1 contract

Samples: Credit Agreement (Corrections Corporation of America)

Payment and Performance of Obligations. Pay and perform all material Obligations and Guaranteed Obligations under this Agreement and the other Loan Documents, and pay or perform (a) all taxes, assessments and other governmental charges that may be levied or assessed upon it or any of its property, and (b) all other indebtedness, obligations and liabilities in accordance with customary trade practices; except to the extent provided that IPT such Credit Party or the Borrower is contesting such Subsidiary may contest any item described in clauses (a) or and (b) of this Section 7.5 above in good faith and is maintaining so long as adequate reserves are maintained with respect thereto in accordance with GAAP.

Appears in 1 contract

Samples: Loan Agreement (Sirrom Investments Inc)

Payment and Performance of Obligations. Pay and perform all material Obligations under this Agreement and the other Loan Documents, and pay or perform (a) all taxes, assessments and other governmental charges that may be levied or assessed upon it or any of its property, and (b) all other indebtedness, obligations and liabilities in accordance with customary trade practices; except to the extent provided, that IPT a Borrower or the Borrower is contesting Subsidiary may contest any item described in clauses (a) or (b) of this Section 7.5 in good faith and is maintaining so long as adequate reserves are maintained with respect thereto in accordance with GAAP.

Appears in 1 contract

Samples: Working Capital Credit Agreement (JLG Industries Inc)

Payment and Performance of Obligations. Pay and perform all material Obligations under this Agreement and the other Loan Documents, and pay or perform (a) all taxes, assessments and other governmental charges that may be levied or assessed upon it or any of its property, and (b) all other indebtedness, obligations and liabilities in accordance with customary trade practices; except to the extent provided, that IPT or the Borrower is contesting or such Subsidiary may contest any item described in the foregoing clauses (a) or (b) of this Section 7.5 in good faith and is maintaining so long as adequate reserves are maintained with respect thereto in accordance with GAAP.

Appears in 1 contract

Samples: Credit Agreement (Cross Country Healthcare Inc)

Payment and Performance of Obligations. Pay and perform all material Obligations under this Agreement and the other Loan Documents, and pay or perform (a) all material taxes, assessments and other governmental charges that may be levied or assessed upon it or any of its property, and (b) all other indebtedness, obligations and liabilities in accordance with customary trade practices; except to the extent provided that IPT any Borrower or the Borrower is contesting such Restricted Subsidiary may contest any item described in clauses (a) or (b) of this Section 7.5 in good faith and is maintaining so long as adequate reserves are maintained with respect thereto in accordance with GAAP.

Appears in 1 contract

Samples: Credit Agreement (Cott Corp /Cn/)

Payment and Performance of Obligations. Pay and perform all material Obligations under this Agreement and the other Loan Documents, and pay or perform (a) all material taxes, assessments and other governmental charges that may be levied or assessed upon it or any of its property, and (b) all other material indebtedness, obligations and liabilities in accordance with customary trade practices; except to the extent provided, that IPT such Borrower or the Borrower is contesting such Subsidiary thereof may contest any item described in clauses (a) or (b) of this Section 7.5 9.5 in good faith and is maintaining so long as adequate reserves are maintained with respect thereto in accordance with GAAP.

Appears in 1 contract

Samples: Credit Agreement (Global Imaging Systems Inc)

Payment and Performance of Obligations. Pay and perform all material Obligations under this Agreement and the other Loan Documents, and pay or perform (a) all taxesTaxes, assessments and other governmental charges that may be levied or assessed upon it or any of its property, and (b) all other indebtedness, obligations and liabilities in accordance with customary trade practices; except to the extent provided, that IPT or the Borrower is contesting or such Subsidiary may contest any item described in clauses (a) or (b) of this Section 7.5 in good faith and is maintaining so long as adequate reserves are maintained with respect thereto in accordance with GAAP.

Appears in 1 contract

Samples: Credit Agreement (Blackbaud Inc)

Payment and Performance of Obligations. Pay and perform all material Obligations under this Agreement and the other Loan Documents, and pay or perform (a) all taxes, assessments and other governmental charges that may be levied or assessed upon it or any of its property, property and (b) all other indebtedness, obligations and liabilities Debt in accordance with customary trade practicesits terms (subject to any applicable subordination provisions); except to the extent provided, that IPT or the Borrower is contesting or such Subsidiary may contest any item described in clauses clause (a) or and (b) of this Section 7.5 in good faith and is maintaining so long as adequate reserves are maintained with respect thereto in accordance with GAAP.

Appears in 1 contract

Samples: Credit Agreement (Penske Motorsports Inc)

Payment and Performance of Obligations. Pay and perform all material Obligations under this Agreement and the other Loan Documents, and pay or perform (a) all taxes, assessments and other governmental charges that may be levied or assessed upon it or any of its property, and (b) all other indebtedness, obligations and liabilities in accordance with customary trade practices; except to the extent provided, that IPT or the Borrower is contesting or any Subsidiary thereof may contest any item described in clauses (a) or (b) of this Section 7.5 8.5 in good faith and is maintaining so long as adequate reserves are maintained with respect thereto in accordance with GAAP.

Appears in 1 contract

Samples: Credit Agreement (Mindspring Enterprises Inc)

Payment and Performance of Obligations. Pay and perform all material Obligations under this Agreement and the other Loan Documents, and pay or perform (a) all taxes, assessments and other governmental charges that may be levied or assessed upon it or any of its property, and (b) all other material indebtedness, obligations and liabilities in accordance with customary trade practices; except to the extent provided, that IPT or the Borrower is contesting or such Subsidiary may contest any item described in clauses (a) or (b) of this Section 7.5 in good faith and is maintaining so long as adequate reserves are maintained with respect thereto in accordance with GAAP.

Appears in 1 contract

Samples: Credit Agreement (Transaction Systems Architects Inc)

Payment and Performance of Obligations. Pay and perform all material Obligations under this Agreement and the other Loan Documents, and pay or perform (a) all taxes, assessments and other governmental charges that may be levied or assessed upon it or any of its property, and (b) all other indebtedness, obligations and liabilities in accordance with customary trade practices; except to the extent provided, that IPT or the Borrower is contesting or such Guarantor may contest any item described in clauses (a) or (b) of this Section 7.5 8.5 in good faith and is maintaining so long as adequate reserves are maintained with respect thereto in accordance with GAAP.

Appears in 1 contract

Samples: Credit Agreement (Quintiles Transnational Corp)

Payment and Performance of Obligations. Pay and perform all material Obligations under this Agreement and the other Loan Documents, and pay or perform perform: (ai) all taxes, assessments and other governmental charges that may be levied or assessed upon it or any of its property, and (bii) all other indebtedness, obligations and liabilities in accordance with customary trade practices; except to provided, that the extent that IPT Borrowers or the Borrower is contesting such Subsidiary may contest any item described in clauses (ai) or (bii) of this Section 7.5 8.5 in good faith and is maintaining so long as adequate reserves are maintained with respect thereto in accordance with GAAP.;

Appears in 1 contract

Samples: Credit Agreement (Imagemax Inc)

Payment and Performance of Obligations. Pay and perform all material Obligations under this Agreement and the other Loan Documents, and pay or perform (a) all taxes, assessments and other governmental charges that may be levied or assessed upon it or any of its property, and (b) all other indebtedness, obligations and liabilities in accordance with customary trade practices; except to the extent provided, that IPT or the Borrower is contesting or such Subsidiary may contest any item described in clauses (a) or (b) of this Section 7.5 in good faith and is maintaining so long as adequate reserves are maintained with respect thereto in accordance with GAAP.

Appears in 1 contract

Samples: Credit Agreement (Insignia Financial Group Inc)

Payment and Performance of Obligations. Pay and perform all material Obligations under this Agreement and the other Loan Documents, and pay or perform (a) all taxes, assessments and other governmental charges that may be levied or assessed upon it or any of its propertyProperty, and (b) all other indebtedness, obligations and liabilities in accordance with customary trade practices; except to the extent provided, that IPT or the Borrower is contesting or such Subsidiary may contest any item described in clauses (a) or (b) of this Section 7.5 7.8 in good faith and is maintaining so long as adequate reserves are maintained with respect thereto in accordance with GAAP.

Appears in 1 contract

Samples: Credit Agreement (Compx International Inc)

Payment and Performance of Obligations. Pay and perform all material Obligations under this Agreement and the other Loan Documents, and pay or perform (a) all material taxes, assessments and other governmental charges that may be levied or assessed upon it or any of its property, and (b) all other material indebtedness, obligations and liabilities in accordance with customary trade practices; except to the extent provided, that IPT or the Borrower is contesting or any of its Subsidiaries may contest any item described in clauses (a) or (b) of this Section 7.5 9.5 in good faith and is maintaining so long as adequate reserves are maintained with respect thereto in accordance with GAAP.

Appears in 1 contract

Samples: Credit Agreement (Global Imaging Systems Inc)

Payment and Performance of Obligations. Pay and perform all material Obligations under this Agreement and the other Loan Documents, and pay or perform (a) all material taxes, assessments and other governmental charges that may be levied or assessed upon it or any of its property, and (b) all other material indebtedness, obligations and liabilities in accordance with customary trade practices; except to the extent provided, that IPT or the Borrower is contesting or such Subsidiary may contest any item described in clauses (a) or (b) of this Section 7.5 9.5 in good faith and is maintaining so long as adequate reserves are maintained with respect thereto in accordance with GAAP.

Appears in 1 contract

Samples: Credit Agreement (Hickory Tech Corp)

Payment and Performance of Obligations. Pay and perform all material Obligations under this Agreement and the other Loan Documents, and pay or perform (a) all taxes, assessments and other governmental charges that may be levied or assessed upon it or any of its property, and (b) all other indebtedness, obligations and liabilities in accordance with customary trade practices; except to provided, that the extent that IPT Parent or the Borrower is contesting such Subsidiary may contest any item described in clauses (a) or (b) of this Section 7.5 9.5 in good faith and is maintaining so long as adequate reserves are maintained with respect thereto in accordance with GAAP.

Appears in 1 contract

Samples: Credit Agreement (Dollar Express Inc)

Payment and Performance of Obligations. Pay and perform all material Obligations under this Agreement and the other Loan Documents, and pay or perform (a) all taxes, assessments and other governmental charges that may be levied or assessed upon it or any of its property, and (b) all other indebtedness, obligations and liabilities in accordance with customary trade practices; except to the extent provided, that IPT or the Borrower is contesting or such Subsidiary may contest any item described in clauses (a) or and (b) of this Section 7.5 8.5 in good faith and is maintaining so long as adequate reserves are maintained with respect thereto in accordance with GAAP.

Appears in 1 contract

Samples: Credit Agreement (Checkpoint Systems Inc)

Payment and Performance of Obligations. Pay and perform all material Obligations under this Agreement and the other Loan Documents, and pay or perform (a) all taxes, assessments and other governmental charges that may be levied or assessed upon it or any of its property, property and (b) all other indebtedness, obligations and liabilities Debt in accordance with customary trade practicesits terms (subject to any applicable subordination provisions); except to the extent provided, that IPT or the Borrower is contesting or such Subsidiary may contest any item described in clauses clause (a) or and (b) of this Section 7.5 8.5 in good faith and is maintaining so long as adequate reserves are maintained with respect thereto in accordance with GAAP.

Appears in 1 contract

Samples: Credit Agreement (Caraustar Industries Inc)

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