Common use of Payment of Debt, Taxes, etc Clause in Contracts

Payment of Debt, Taxes, etc. Seller shall pay and perform all obligations and Indebtedness of Seller, and cause to be paid and performed all obligations and Indebtedness of its Subsidiaries in accordance with the terms thereof, and pay and discharge or cause to be paid and discharged all taxes, assessments and governmental charges or levies imposed upon Seller or its Subsidiaries, or upon their respective income, receipts or properties, before the same shall become past due, as well as all lawful claims for labor, materials or supplies or otherwise which, if unpaid, might become a Lien or charge upon such properties or any part thereof; provided, however, that Seller and its Subsidiaries shall not be required to pay obligations, Indebtedness, taxes, assessments or governmental charges or levies or claims for labor, materials or supplies for which Seller or its Subsidiaries shall have obtained an adequate bond or adequate insurance or which are being contested in good faith and by proper proceedings that are being reasonably and diligently pursued, if such proceedings do not involve any likelihood of the sale, forfeiture or loss of any such property or any interest therein while such proceedings are pending; and provided further that book reserves adequate under GAAP shall have been established with respect thereto.

Appears in 3 contracts

Samples: Mortgage Loan Purchase and Sale Agreement (National Credit & Guaranty CORP), Mortgage Loan Repurchase Agreement (Sirva Inc), Multifamily and Health Care Mortgage Loan Repurchase Agreement (Municipal Mortgage & Equity LLC)

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Payment of Debt, Taxes, etc. Seller shall pay Pay and perform all of its obligations and Indebtedness of SellerIndebtedness, and cause to be paid and performed all obligations and Indebtedness of its Subsidiaries in accordance with the terms thereof, thereof and pay and discharge or cause to be paid and discharged all taxes, assessments and governmental charges or levies imposed upon Seller it or its Subsidiaries, or upon their respective income, receipts or properties, properties before the same shall become past due, as well as all lawful claims for labor, materials or and supplies or otherwise which, if unpaid, might become a Lien or charge upon such properties or any part thereof; provided, however, that Seller such Borrower and its Subsidiaries shall not be required to pay obligationsobligation, Indebtedness, taxes, assessments or governmental charges or levies or claims for labor, materials or supplies for which Seller it or its Subsidiaries shall have obtained an adequate bond or adequate insurance or which are being contested in good faith and by proper proceedings that which are being reasonably and diligently pursued, pursued if such proceedings do not involve any likelihood of the sale, forfeiture or loss of any such property or any interest therein while such proceedings are pending; , and provided further that book reserves adequate under GAAP generally accepted accounting principles shall have been established with respect theretothereto and provided further that the owing Person's title to, and its right to use, its property is not materially adversely affected thereby.

Appears in 2 contracts

Samples: Warehousing Credit and Security Agreement (Hanover Capital Mortgage Holdings Inc), Warehousing Credit and Security Agreement (Hanover Capital Mortgage Holdings Inc)

Payment of Debt, Taxes, etc. Seller shall pay Pay and perform all obligations and Indebtedness for money borrowed by the Borrower having a principal amount of Seller$500,000 or more, and cause to be paid and performed all obligations and Indebtedness of for money borrowed by its Subsidiaries having a principal amount of $500,000 or more in accordance with the terms thereof, thereof and pay and discharge or cause to be paid and discharged all taxes, assessments and governmental charges charges, tax Liens, or levies imposed upon Seller the Borrower or its Subsidiaries, or upon their respective income, receipts or properties, properties before the same shall become past due, as well as all lawful claims for labor, materials or and supplies or otherwise which, if unpaid, might become a Lien or charge upon such properties or any part thereof; provided, however, that Seller the Borrower and its Subsidiaries shall not be required to pay obligationsobligation, Indebtedness, taxes, assessments or governmental charges or levies or claims for labor, materials or supplies for which Seller the Borrower or its Subsidiaries shall have obtained an adequate bond or adequate insurance or which are being contested in good faith and by proper proceedings that which are being reasonably and diligently pursued, pursued if such proceedings do not involve any likelihood of the sale, forfeiture or loss of any such property or any interest therein while such proceedings are pending; , and provided further that book reserves adequate under GAAP shall have been established with respect thereto, to the extent required, and provided further that the owing Person’s title to, and its right to use, its property is not materially adversely affected thereby.

Appears in 2 contracts

Samples: Warehousing Credit and Security Agreement (Centerline Holding Co), Warehousing Credit and Security Agreement (Centerline Holding Co)

Payment of Debt, Taxes, etc. (i) Seller shall pay and perform all obligations and Indebtedness Debt of Seller, and cause to be paid and performed all obligations and Indebtedness Debt of its Subsidiaries in accordance with the terms thereof, and pay and discharge or cause to be paid and discharged all taxes, assessments and governmental charges or levies imposed upon Seller or Seller, its Subsidiaries, or upon their respective income, receipts or properties, before the same shall become past due, as well as all lawful claims for labor, materials or supplies or otherwise which, if unpaid, might become a Lien or charge upon such properties or any part thereof; provided, however, provided that Seller and its Subsidiaries shall not be required to pay obligations, IndebtednessDebt, taxes, assessments or governmental charges or levies or claims for labor, materials or supplies for which Seller or its Subsidiaries shall have obtained an adequate bond or adequate insurance or which are being contested in good faith and by proper proceedings that are being reasonably and diligently pursued, if such proceedings do not involve any likelihood of the sale, forfeiture or loss of any such property or any interest therein while such proceedings are pending; and provided further that book reserves adequate under GAAP shall have been established with respect thereto.

Appears in 2 contracts

Samples: Master Repurchase Agreement, Master Repurchase Agreement (Pulte Homes Inc/Mi/)

Payment of Debt, Taxes, etc. Seller shall pay Pay and perform all obligations and Indebtedness of Sellerthe Company, and cause to be paid and performed all obligations and Indebtedness of its Subsidiaries in accordance with the terms thereof, thereof and pay and discharge or cause to be paid and discharged all taxes, assessments and governmental charges or levies imposed upon Seller the Company or its Subsidiaries, or upon their respective income, receipts or properties, properties before the same shall become past due, as well as all lawful claims for labor, materials or and supplies or otherwise which, if unpaid, might become a Lien or charge upon such properties or any part thereof; provided, however, that Seller the Company and its Subsidiaries shall not be required to pay obligationsobligation, Indebtedness, taxes, assessments or governmental charges or levies or claims for labor, materials or supplies for which Seller the Company or its Subsidiaries shall have obtained an adequate bond or adequate insurance or which are being contested in good faith and by proper proceedings that which are being reasonably and diligently pursued, pursued if such proceedings do not involve any likelihood of the sale, forfeiture or loss of any such property or any interest therein while such proceedings are pending; , and provided further that book reserves adequate under GAAP generally accepted accounting principles shall have been established with respect theretothereto and provided further that the owing Person's title to, and its right to use, its property is not materially adversely affected thereby.

Appears in 2 contracts

Samples: Warehousing Credit and Security Agreement (E Loan Inc), Warehousing Credit and Security Agreement (Nab Asset Corp)

Payment of Debt, Taxes, etc. Seller shall pay Pay and perform all obligations and Indebtedness of Sellerthe Company, and cause to be paid and performed all obligations and Indebtedness of its Subsidiaries in accordance with the terms thereof, thereof and pay and discharge or cause to be paid and discharged all taxes, assessments and governmental charges or levies imposed upon Seller the Company or its Subsidiaries, or upon their respective income, receipts or properties, properties before the same shall become past due, as well as all lawful claims for labor, materials or and supplies or otherwise which, if unpaid, might become a Lien or charge upon such properties or any part thereof; , provided, however, that Seller the Company and its Subsidiaries shall not be required to pay obligationsobligation, Indebtedness, taxes, assessments or governmental charges or levies or claims for labor, materials or supplies for which Seller the Company or its Subsidiaries shall have obtained an adequate bond or adequate insurance or which are being contested in good faith and by proper proceedings that which are being reasonably and diligently pursued, pursued if such proceedings do not involve any likelihood of the sale, forfeiture or loss of any such property or any interest therein while such proceedings are pending; , and provided further that book reserves adequate under GAAP generally accepted accounting principles shall have been established with respect theretothereto and provided further that the owing Person's title to, and its right to use, its property is not materially adversely affected thereby.

Appears in 2 contracts

Samples: Warehousing Credit and Security Agreement (Mortgage Com Inc), Warehousing Credit and Security Agreement (Mortgage Com Inc)

Payment of Debt, Taxes, etc. Seller shall pay Pay and perform all obligations and Indebtedness of Sellerthe Company, and cause to be paid and performed all obligations and Indebtedness of its Subsidiaries in accordance with the terms thereof, thereof and pay and discharge or cause to be paid and discharged all taxes, assessments and governmental charges or levies imposed upon Seller the Company or its Subsidiaries, or upon their respective income, receipts or properties, properties before the same shall become past due, as well as all lawful claims for labor, materials or and supplies or otherwise which, if unpaid, might become a Lien or charge upon such properties or any part thereof; provided, however, that Seller the Company and its Subsidiaries shall not be required to pay obligationsobligation, Indebtedness, taxes, assessments or governmental charges or levies or claims for labor, materials or supplies for which Seller the Company or its Subsidiaries shall have obtained an adequate bond or adequate insurance or which are being contested in good faith and by proper proceedings that which are being reasonably and diligently pursued, pursued if such proceedings do not involve any likelihood of the sale, forfeiture or loss of any such property or any interest therein while such proceedings are pending; , and provided further that book reserves adequate under GAAP generally accepted accounting principles shall have been established with respect theretothereto and provided further that the owing Person’s title to, and its right to use, its property is not materially adversely affected thereby.

Appears in 2 contracts

Samples: Warehousing Credit and Security Agreement (Sirva Inc), Warehousing Credit and Security Agreement (Sirva Inc)

Payment of Debt, Taxes, etc. (i) Seller shall pay and perform all obligations and Indebtedness Debt of Seller, and cause to be paid and performed all obligations and Indebtedness Debt of its Subsidiaries in accordance with the terms thereof, and pay and discharge or cause to be paid and discharged all taxes, assessments and governmental charges or levies imposed upon Seller or Seller, its Subsidiaries, or upon their respective income, receipts or properties, before the same shall become past due, as well as all lawful claims for labor, materials or supplies or otherwise which, if unpaid, might become a Lien or charge upon such properties or any part thereof; provided, however, that Seller and its Subsidiaries shall not be required to pay obligations, IndebtednessDebt, taxes, assessments or governmental charges or levies or claims for labor, materials or supplies for which Seller or its Subsidiaries shall have obtained an adequate bond or adequate insurance or which are being contested in good faith and by proper proceedings that are being reasonably and diligently pursued, if such proceedings do not involve any likelihood of the sale, forfeiture or loss of any such property or any interest therein while such proceedings are pending; and provided further provided, further, that book reserves adequate under GAAP shall have been established with respect thereto.

Appears in 2 contracts

Samples: Master Repurchase Agreement (Lennar Corp /New/), Master Repurchase Agreement (Ryland Group Inc)

Payment of Debt, Taxes, etc. (i) Each Seller shall pay and perform all obligations and Indebtedness Debt of Seller, and cause to be paid and performed all obligations and Indebtedness Debt of its Subsidiaries in accordance with the terms thereof, and pay and discharge or cause to be paid and discharged all taxes, assessments and governmental charges or levies imposed upon Seller or such Seller, its Subsidiaries, or upon their respective income, receipts or properties, before the same shall become past due, as well as all lawful claims for labor, materials or supplies or otherwise whichthat, if unpaid, might become a Lien or charge upon such properties or any part thereof; provided, however, provided that Seller Sellers and its their Subsidiaries shall not be required to pay obligations, IndebtednessDebt, taxes, assessments or governmental charges or levies or claims for labor, materials or supplies for which Seller Sellers or its their Subsidiaries shall have obtained an adequate bond or adequate insurance or which that are being contested in good faith and by proper proceedings that are being reasonably and diligently pursued, if such proceedings do not involve any likelihood of the sale, forfeiture or loss of any such property or any interest therein while such proceedings are pending; pending and provided further that if adequate book reserves adequate under GAAP shall have been determined in accordance with GAAP, consistently applied, are established with respect theretotherefor.

Appears in 1 contract

Samples: Master Repurchase Agreement (PennyMac Mortgage Investment Trust)

Payment of Debt, Taxes, etc. Seller shall pay Pay and perform all obligations and Indebtedness --------------------------- indebtedness of Sellerthe Borrowers, and cause to be paid and performed all obligations and Indebtedness indebtedness of its Subsidiaries their Subsidiaries, promptly and in accordance with the terms thereof, thereof and pay and discharge or cause to be paid and discharged promptly all taxes, assessments and governmental charges or levies imposed upon Seller the Borrowers or its Subsidiaries, their Subsidiaries or upon their respective income, receipts or properties, properties before the same shall become past due, as well as all lawful claims for labor, materials or and supplies or otherwise which, if unpaid, might become a Lien or charge upon such properties or any part thereof; provided, however, that Seller the Borrowers and its their Subsidiaries shall not be required to pay obligations, Indebtedness, taxes, assessments or governmental charges or levies or claims for labor, materials or supplies for which Seller the Borrowers or its their Subsidiaries shall have obtained an adequate bond or adequate insurance or which are being contested in good faith and by proper proceedings that which are being reasonably and diligently pursued, if such proceedings do not involve any likelihood of the sale, forfeiture or loss of any such property or any interest therein while such proceedings are pending; pursued and provided further that book for which proper reserves adequate under GAAP shall have been established with respect theretocreated.

Appears in 1 contract

Samples: Warehousing Credit and Security Agreement (Novastar Financial Inc)

Payment of Debt, Taxes, etc. Seller shall pay Pay and perform all obligations and ---------------------------- Indebtedness of Sellerthe Company, and cause to be paid and performed all obligations and Indebtedness of its its' Subsidiaries in accordance with the terms thereof, thereof and pay and discharge or cause to be paid and discharged all taxes, assessments and governmental charges or levies imposed upon Seller the Company or its Subsidiaries, or upon their respective income, receipts or properties, properties before the same shall become past due, as well as all lawful claims for labor, materials or and supplies or otherwise which, if unpaid, might become a Lien or charge upon such properties or any part thereof; , provided, however, that Seller the Company and its -------- ------- Subsidiaries shall not be required to pay obligationsobligation, Indebtedness, taxes, assessments or governmental charges or levies or claims for labor, materials or supplies for which Seller the Company or its Subsidiaries shall have obtained an adequate bond or adequate insurance or which are being contested in good faith and by proper proceedings that which are being reasonably and diligently pursued, pursued if such proceedings do not involve any likelihood of the sale, forfeiture or loss of any such property or any interest therein while such proceedings are pending; , and provided further that book reserves adequate under GAAP generally accepted accounting principles shall have been established with respect theretothereto and provided further that the owing Person's title to, and its right to use, its property is not materially adversely affected thereby.

Appears in 1 contract

Samples: Credit and Security Agreement (Iown Holdings Inc)

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Payment of Debt, Taxes, etc. (a) Seller shall pay and perform all obligations and Indebtedness Debt of Seller, and cause to be paid and performed all obligations and Indebtedness Debt of its Subsidiaries in accordance with the terms thereof, and pay and discharge or cause to be paid and discharged all taxes, assessments and governmental charges or levies imposed upon Seller or its Subsidiaries, or upon their respective income, receipts or properties, before the same shall become past due, as well as all lawful claims for labor, materials or supplies or otherwise which, if unpaid, might become a Lien or charge upon such properties or any part thereof; provided, however, that Seller and its Subsidiaries shall not be required to pay obligations, IndebtednessDebt, taxes, assessments or governmental charges or levies or claims for labor, materials or supplies for which Seller or its Subsidiaries shall have obtained an adequate bond or adequate insurance or which are being contested in good faith and by proper proceedings that are being reasonably and diligently pursued, if such proceedings do not involve any likelihood of the sale, forfeiture or loss of any such property or any interest therein while such proceedings are pending; and provided further that book reserves adequate under GAAP shall have been established with respect thereto.

Appears in 1 contract

Samples: Mortgage Loan Repurchase Agreement (Sirva Inc)

Payment of Debt, Taxes, etc. (i) Seller shall pay and perform all obligations and Indebtedness Debt of Seller, and cause to be paid and performed all obligations and Indebtedness Debt of its Subsidiaries in accordance with the terms thereof, and pay and discharge or cause to be paid and discharged all taxes, assessments and governmental charges or levies imposed upon Seller or Seller, its Subsidiaries, or upon their respective income, receipts or properties, before the same shall become past due, as well as all lawful claims for labor, materials or supplies or otherwise which, if unpaid, might become a Lien or charge upon such properties or any part thereof; provided, however, that Seller and its Subsidiaries shall not be required to pay obligations, IndebtednessDebt, taxes, assessments or governmental charges or levies or claims for labor, materials or supplies for which Seller or its Subsidiaries shall have obtained an adequate bond or adequate insurance or which are being contested in good faith and by proper proceedings that are being reasonably and diligently pursued, if such proceedings do not involve any likelihood of the sale, forfeiture or loss of any such property or any interest therein while such proceedings are pending; and provided further that book reserves adequate under GAAP shall have been established with respect thereto.

Appears in 1 contract

Samples: Master Repurchase Agreement (Tree.com, Inc.)

Payment of Debt, Taxes, etc. (i) Seller shall pay and perform all obligations and Indebtedness Debt of Seller, and cause to be paid and performed all obligations and Indebtedness Debt of its Subsidiaries in accordance with the terms thereof, and pay and discharge or cause to be paid and discharged all taxes, assessments and governmental charges or levies imposed upon Seller or Seller, its Subsidiaries, or upon their respective income, receipts or properties, before the same shall become past due, as well as all lawful claims for labor, materials or supplies or otherwise whichthat, if unpaid, might become a Lien or charge upon such properties or any part thereof; provided, however, provided that Seller and its Subsidiaries shall not be required to pay obligations, IndebtednessDebt, taxes, assessments or governmental charges or levies or claims for labor, materials or supplies for which Seller or its Subsidiaries shall have obtained an adequate bond or adequate insurance or which that are being contested in good faith and by proper proceedings that are being reasonably and diligently pursued, if such proceedings do not involve any likelihood of the sale, forfeiture or loss of any such property or any interest therein while such proceedings are pending; pending and provided further that if adequate book reserves adequate under GAAP shall have been determined in accordance with GAAP, consistently applied, are established with respect theretotherefor.

Appears in 1 contract

Samples: Master Repurchase Agreement (AmeriHome, Inc.)

Payment of Debt, Taxes, etc. Seller shall pay Pay and perform all obligations and Indebtedness for money borrowed by the Borrower having a principal amount of Seller$500,000 or more, and cause to be paid and performed all obligations and Indebtedness of for money borrowed by its Subsidiaries having a principal amount of $500,000 or more in accordance with the terms thereof, thereof and pay and discharge or cause to be paid and discharged all taxes, assessments and governmental charges charges, tax Liens, or levies imposed upon Seller the Borrower or its Subsidiaries, or upon their respective income, receipts or properties, properties before the same shall become past due, as well as all lawful claims for labor, materials or and supplies or otherwise which, if unpaid, might become a Lien or charge upon such properties or any part thereof; provided, however, that Seller the Borrower and its Subsidiaries shall not be required to pay obligationsobligation, Indebtedness, taxes, assessments or governmental charges or levies or claims for labor, materials or supplies for which Seller the Borrower or its Subsidiaries shall have obtained an adequate bond or adequate insurance or which are being contested in good faith and by proper proceedings that which are being reasonably and diligently pursued, pursued if such proceedings do not involve any likelihood of the sale, forfeiture or loss of any such property or any interest therein while such proceedings are pending; , and provided further that book reserves adequate under GAAP shall have been established with respect thereto, to the extent required, and provided further that the owing Person's title to, and its right to use, its property is not materially adversely affected thereby.

Appears in 1 contract

Samples: Warehousing Credit and Security Agreement (Centerline Holding Co)

Payment of Debt, Taxes, etc. (i) Seller shall pay and perform all obligations and Indebtedness Debt of Seller, and cause to be paid and performed all obligations and Indebtedness Debt of its Subsidiaries in accordance with the terms thereof, and pay and discharge or cause to be paid and discharged all taxes, assessments and governmental charges or levies imposed upon Seller or Seller, its Subsidiaries, or upon their respective income, receipts or properties, before the same shall become past due, as well as all lawful claims for labor, materials or supplies or otherwise whichthat, if unpaid, might become a Lien or charge upon such 49 properties or any part thereof; provided, however, provided that Seller and its Subsidiaries shall not be required to pay obligations, IndebtednessDebt, taxes, assessments or governmental charges or levies or claims for labor, materials or supplies for which Seller or its Subsidiaries shall have obtained an adequate bond or adequate insurance or which that are being contested in good faith and by proper proceedings that are being reasonably and diligently pursued, if such proceedings do not involve any likelihood of the sale, forfeiture or loss of any such property or any interest therein while such proceedings are pending; pending and provided further that if adequate book reserves adequate under GAAP shall have been determined in accordance with GAAP, consistently applied, are established with respect theretotherefor.

Appears in 1 contract

Samples: Master Repurchase Agreement (Pennymac Financial Services, Inc.)

Payment of Debt, Taxes, etc. Seller shall pay Pay and perform all obligations and Indebtedness of Sellerthe Company, and cause to be paid and performed all obligations and Indebtedness of its Subsidiaries in accordance with the terms thereof, thereof and pay and discharge or cause to be paid and discharged all taxes, assessments and governmental charges or levies imposed upon Seller the Company or its Subsidiaries, or upon their respective income, receipts or properties, properties before the same shall become past due, as well as all lawful claims for labor, materials or and supplies or otherwise which, if unpaid, might become a Lien or charge upon such properties or any part thereof; provided, however, that Seller the Company and its Subsidiaries shall not be required -------- ------- to pay obligationsobligation, Indebtedness, taxes, assessments or governmental charges or levies or claims for labor, materials or supplies for which Seller the Company or its Subsidiaries shall have obtained an adequate bond or adequate insurance or which are being contested in good faith and by proper proceedings that which are being reasonably and diligently pursued, pursued if such proceedings do not involve any likelihood of the sale, forfeiture or loss of any such property or any interest therein while such proceedings are pending; , and provided further that book reserves adequate under GAAP generally accepted accounting principles shall have been established with respect theretothereto and provided further that the owing Person's title to, and its right to use, its property is not materially adversely affected thereby.

Appears in 1 contract

Samples: Loan and Security Agreement (Nab Asset Corp)

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