Common use of Payment of Indebtedness and Performance of Obligations Clause in Contracts

Payment of Indebtedness and Performance of Obligations. Pay and discharge when due, and cause each of its Subsidiaries so to do, all lawful Indebtedness, obligations and claims for labor, materials and supplies or otherwise which, if unpaid, might (i) have a Material Adverse Effect, or (ii) become a Lien upon the Property of the Borrower or such Subsidiary other than a Permitted Lien, unless and to the extent only that the validity of such Indebtedness, obligation or claim shall be contested in good faith and by appropriate proceedings diligently conducted by the Borrower or such Subsidiary, and that any such contested Indebtedness, obligations or claims shall not constitute, or create, a Lien on any Property of the Borrower or any of its Subsidiaries senior to any Lien granted to the Administrative Agent under the Collateral Documents on such Property, and further provided that the Borrower shall give the Administrative Agent prompt notice of any such contest and that such reserve or other appropriate provision as shall be required by the Accountants in accordance with GAAP shall have been made therefor.

Payment of Indebtedness and Performance of Obligations. Pay and discharge when duedischarge, and cause each of its Subsidiaries so Subsidiary to dopay and discharge, when due all lawful Indebtedness, obligations and claims for labor, materials and supplies or otherwise which, if unpaid, might (i) have a Material Adverse Effect, or (ii) become a Lien upon the Property of the Borrower or such any Subsidiary other than a Permitted Liennot permitted under Section 8.2, unless and to the extent only that the validity of such IndebtednessIndebtedness (other than Indebtedness under the Loan Documents), obligation or claim shall be contested in good faith and by appropriate proceedings diligently conducted by the Borrower or such Subsidiary, and that any such contested Indebtedness, obligations or claims shall not constitute, or create, a Lien on any Property of the Borrower or any of its Subsidiaries Subsidiary not permitted under Section 8.2 senior to any the Lien granted to the Administrative Agent under by the Collateral Documents on such Property, and further provided PROVIDED that the Borrower shall give the Administrative Agent and the Lenders prompt notice of any such material contest and that such reserve or other appropriate provision as shall be required by the Accountants in accordance with GAAP shall have been made therefor.

Payment of Indebtedness and Performance of Obligations. Pay and discharge when due, and cause each of its the Restricted Subsidiaries so to do, all lawful Indebtedness, obligations and claims for labor, materials and supplies or otherwise which, if unpaid, might (i) have a Material Adverse Effect, or (ii) become a Lien upon the Property of the Borrower Parent or such Restricted Subsidiary other than a Permitted Lien, unless and to the extent only that the validity of such Indebtedness, obligation or claim shall be contested in good faith and by appropriate proceedings diligently conducted by the Borrower Parent or such Restricted Subsidiary, and that any such contested Indebtedness, obligations or claims shall not constitute, or create, a Lien on any Property of the Borrower Parent or any of its Subsidiaries Restricted Subsidiary senior to any the Lien granted to the Administrative Agent under the Collateral Documents on such Property, and further provided that the Borrower Notice Party and the Parent shall give the Administrative Agent prompt notice of any such contest and that such reserve or other appropriate provision as shall be required by the Accountants in accordance with GAAP shall have been made therefor.

Payment of Indebtedness and Performance of Obligations. Pay and discharge when duedischarge, and cause each of its Subsidiaries so Subsidiary to dopay and discharge, when due all lawful Indebtedness, obligations and claims for labor, materials and supplies or otherwise which, if unpaid, might (i) have a Material Adverse Effect, or (ii) become a Lien upon the Property of the Borrower or such any Subsidiary other than a Permitted Liennot permitted under section 8.2, unless and to the extent only that the validity of such IndebtednessIndebtedness (other than Indebtedness under the Loan Documents), obligation or claim shall be contested in good faith and by appropriate proceedings diligently conducted by the Borrower or such Subsidiary, and that any such contested Indebtedness, obligations or claims shall not constitute, or create, a Lien on any Property of the Borrower or any of its Subsidiaries senior to any the Lien granted to the Administrative Agent under by the Collateral Documents on such Property, and further provided that the Borrower shall give the Administrative Agent and the Lenders prompt notice of any such contest and that such reserve or other appropriate provision as shall be required by the Accountants in accordance with GAAP shall have been made therefor.

Payment of Indebtedness and Performance of Obligations. Pay and discharge when duedischarge, and cause each of its Subsidiaries so Subsidiary to dopay and discharge, when due all lawful Indebtedness, obligations and claims for labor, materials and supplies or otherwise which, if unpaid, might (i) have a Material Adverse Effect, or (ii) become a Lien upon the Property of the Borrower or such any Subsidiary other than a Permitted Liennot permitted under Section 8.2, unless and to the extent only that the validity of such IndebtednessIndebtedness (other than Indebtedness under the Loan Documents), obligation or claim shall be contested in good faith and by appropriate proceedings diligently conducted by the Borrower or such Subsidiary, and that any such contested Indebtedness, obligations or claims shall not constitute, or create, a Lien on any Property of the Borrower or any of its Subsidiaries Subsidiary not permitted under Section 8.2 senior to any the Lien granted to the Administrative Agent under by the Collateral Documents on such Property, and further provided that the Borrower shall give the Administrative Agent and the Lenders prompt notice of any such material contest and that such reserve or other appropriate provision as shall be required by the Accountants in accordance with GAAP shall have been made therefor.

Payment of Indebtedness and Performance of Obligations. Pay and discharge when duedischarge, and cause each of its Subsidiaries so Subsidiary to dopay and discharge, when due all lawful Indebtedness, obligations and claims for labor, materials and supplies or otherwise which, if unpaid, might (i) have a Material Adverse Effect, or (ii) become a Lien upon the Property of the Borrower or such any Restricted Subsidiary other than a Permitted Liennot permitted under section 8.2, unless and to the extent only that the validity of such IndebtednessIndebtedness (other than Indebtedness under the Loan Documents), obligation or claim shall be contested in good faith and by appropriate proceedings diligently conducted by the Borrower or such Subsidiary, and that any such contested Indebtedness, obligations or claims shall not constitute, or create, a Lien on any Property of the Borrower or any of its Subsidiaries Bor rower senior to any the Lien granted to the Administrative Collateral Agent under by the Collateral Documents on such Property, and further provided that the Borrower shall give the Administrative Agent and the Lenders prompt notice of any such contest and that such reserve or other appropriate provision as shall be required by the Accountants in accordance with GAAP shall have been made therefor.

Payment of Indebtedness and Performance of Obligations. Pay and discharge when duedischarge, and cause each of its Subsidiaries so Subsidiary to dopay and discharge, when due all lawful Indebtedness, obligations and claims for labor, materials and supplies or otherwise which, if unpaid, might (i) have a Material Adverse Effect, or (ii) become a Lien upon the Property of the Borrower or such any Restricted Subsidiary other than a Permitted Liennot permitted under section 8.2, unless and to the extent only that the validity of such IndebtednessIndebtedness (other than Indebtedness under the Loan Documents), obligation or claim shall be contested in good faith and by appropriate proceedings diligently conducted by the Borrower or such Subsidiary, and that any such contested Indebtedness, obligations or claims shall not constitute, or create, a Lien on any Property of the Borrower or any of its Subsidiaries senior to any the Lien granted to the Administrative Collateral Agent under by the Collateral Documents on such Property, and further provided that the Borrower shall give the Administrative Agent and the Lenders prompt notice of any such contest and that such reserve or other appropriate provision as shall be required by the Accountants in accordance with GAAP shall have been made therefor.

Payment of Indebtedness and Performance of Obligations. Pay and discharge when duedischarge, and cause each of its Subsidiaries so Subsidiary to dopay and discharge, when due all lawful Indebtedness, obligations and claims for labor, materials and supplies or otherwise which, if unpaid, might (i) have a Material Adverse Effect, or (ii) become a Lien upon the Property of the Borrower Guarantor or such any Subsidiary other than a Permitted Liennot permitted under Section 6(b), unless and to the extent only that the validity of such IndebtednessIndebtedness (other than Indebtedness under the Loan Documents), obligation or claim shall be contested in good faith and by appropriate proceedings diligently conducted by the Borrower Guarantor or such Subsidiary, and that any such contested Indebtedness, obligations or claims shall not constitute, or create, a Lien on any Property of the Borrower Guarantor or any of its Subsidiaries Subsidiary not permitted under Section 6(b) senior to any the Lien granted to the Administrative Agent under by the Collateral Documents on such Property, and further provided PROVIDED that the Borrower Guarantor shall give the Administrative Agent and the Lenders prompt notice of any such material contest and that such reserve or other appropriate provision as shall be required by the Accountants in accordance with GAAP shall have been made therefor.