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

Payment of Indebtedness, Taxes, etc. (i) Pay all of its indebtedness and obligations promptly and in accordance with normal terms where failure to pay would have a Material Adverse Effect, and (ii) pay and discharge or cause to be paid or discharged promptly all taxes, assessments and governmental charges or levies imposed upon it or upon its income and profits, or upon any of its Property, 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 or otherwise, which, if unpaid, might become a lien upon such properties or any part thereof where failure to pay would have a Material Adverse Effect; provided, however, that the Guarantor shall not be required to pay and discharge any such tax, assessment, charge, levy or claim so long as the validity thereof shall be contested in good faith by appropriate proceedings and the Guarantor shall have set aside on its books adequate reserves with respect to any such tax, assessment, charge, levy or claim so contested.

Appears in 3 contracts

Samples: Bond Guaranty Agreement (Transportation Technologies Industries Inc), Bond Guaranty Agreement (Accuride Corp), Bond Guaranty Agreement (Johnstown America Industries Inc)

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Payment of Indebtedness, Taxes, etc. Borrower will (ia) Pay pay all of its indebtedness and obligations promptly and in accordance with normal terms where failure to pay would have a Material Adverse Effect, and (iib) pay and discharge or cause to be paid or and discharged promptly all taxes, assessments assessments, and governmental charges or levies imposed upon it or upon its income and profits, or upon any of its Propertyproperty, 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 materials, and supplies or otherwise, otherwise which, if unpaid, might become a lien or charge upon such properties or any part thereof where failure to pay would have a Material Adverse Effectthereof; provided, however, that the Guarantor Borrower shall not be required to pay and discharge or to cause to be paid and discharged any such tax, assessment, charge, levy levy, or claim so long as the validity thereof shall be contested in good faith by appropriate proceedings and the Guarantor Borrower shall have set aside on its books adequate reserves with respect to any such tax, assessment, charge, levy levy, or claim claim, so contested.

Appears in 2 contracts

Samples: Loan and Credit Facility Agreement (Cv Reit Inc), Land Acquisition and Development Loan Agreement (Transeastern Properties Inc)

Payment of Indebtedness, Taxes, etc. The Borrowers shall, and (i) Pay all to the extent of its indebtedness and obligations promptly and right to do so) shall cause each other Consolidated Entity to (a) pay its Liabilities in accordance with normal terms where failure to pay would have a Material Adverse Effect, and (iib) pay and discharge or cause to be paid or and discharged promptly all taxes, assessments and governmental other charges or levies of Governmental Authorities imposed upon it or upon its income and profits, profits or upon any of its Propertyproperties, real, personal or mixed, or upon any part thereof, mixed before the same shall become in default, as well as all lawful claims for labor, materials and supplies or otherwise, which, if unpaid, might become a lien Lien upon such properties or any part thereof where failure to pay would have a Material Adverse Effectthereof; provided, however, that the Guarantor Borrowers and the other Consolidated Entities shall not be required to pay and discharge or cause to be paid and discharged any such tax, assessment, charge, levy or claim so long as the validity thereof shall be duly pursued and contested in good faith by appropriate proceedings and the Guarantor Borrowers and the other Consolidated Entities shall have set aside on its books maintain adequate reserves with respect to any for such taxtaxes, assessmentassessments, charge, levy charges or claim so contestedlevies during the pendency of such proceedings.

Appears in 2 contracts

Samples: Credit Agreement (Healthcare Recoveries Inc), Credit Agreement (Healthcare Recoveries Inc)

Payment of Indebtedness, Taxes, etc. The Borrower will: (i) Pay all of its indebtedness and obligations promptly and in accordance with normal terms where failure to pay would have a Material Adverse Effect, and (iia) pay and discharge or cause to be paid or discharged all Indebtedness as and when due and payable; (b) pay and discharge promptly all taxes, assessments and governmental charges or levies imposed upon it it, or upon its income and profits, or upon the Mortgaged Property and any of its Propertyother property, real, personal or mixed, or upon any part thereof, owned by the Borrower before the same shall become in default, as well as ; and (c) pay and discharge all lawful claims for labor, materials and supplies or otherwise, otherwise which, if unpaid, might become a lien or charge upon such properties or any part thereof where failure to pay would have a Material Adverse Effectthereof; provided, however, that the Guarantor shall Borrower will not be required to pay and discharge any such tax, assessment, charge, levy or claim referred to in clauses (b) or (c) above so long as the validity thereof shall be diligently and continuously contested in good faith by appropriate proceedings and the Guarantor shall have set aside on its books adequate reserves with respect to any such tax, assessment, charge, levy or claim so contested.

Appears in 1 contract

Samples: Loan Agreement (Tropical Sportswear International Corp)

Payment of Indebtedness, Taxes, etc. Borrower will and will cause each Subsidiary to: (ia) Pay pay all of its indebtedness and obligations promptly and in accordance with normal terms where failure to pay would have a Material Adverse Effectterms, and (iib) file when due, and pay and discharge or cause to be paid or and discharged promptly when due, all material taxes, assessments assessments, and governmental charges or levies imposed upon it or upon its income and profits, or upon any of its Propertyproperty, 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 or otherwise, otherwise which, if unpaid, might become a lien or charge upon such properties or any part thereof where failure to pay would have a Material Adverse Effectthereof; provided, however, that the Guarantor neither Borrower nor any Subsidiary shall not be required to pay and discharge or to cause to be paid and discharged any such tax, assessment, charge, levy or claim so long as the validity thereof shall be contested in good faith by appropriate proceedings and Borrower or such Subsidiary, as the Guarantor case may be, shall have set aside on its books adequate reserves (as may be required in accordance with generally accepted accounting principles) with respect to any such tax, assessment, charge, levy or claim claim, so contested.

Appears in 1 contract

Samples: Credit Agreement (Dorman Products, Inc.)

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Payment of Indebtedness, Taxes, etc. (i) Pay all of its indebtedness Indebtedness and obligations promptly before the same shall become in default and comply in accordance all material respects with normal terms where failure to pay would have a Material Adverse Effectall other agreements, indentures, mortgages, or documents binding on it; and (ii) pay and discharge or cause to be paid or and discharged promptly all taxes, assessments assessments, and governmental charges or levies imposed upon it or upon its income and profits, or upon any of its Property, real, personal or mixed, property or upon any part thereof, before the same shall become in default, as well as all lawful claims for labor, materials materials, and supplies or otherwise, otherwise which, if unpaid, might become a lien Lien upon such properties or any part thereof where failure to pay would have a Material Adverse Effectthereof; provided, however, that neither the Guarantor Borrower nor any of its Subsidiaries shall not be required to pay and discharge or to cause to be paid and discharged any such tax, assessment, charge, levy levy, or claim so long as the validity thereof shall be contested in good faith by appropriate proceedings and the Guarantor Borrower or Subsidiary , as the case may be, shall have set aside on its books adequate reserves with respect to any such tax, assessment, charge, levy levy, or claim claim, so contested.

Appears in 1 contract

Samples: Credit Agreement (Technisource Inc)

Payment of Indebtedness, Taxes, etc. (i) Pay all of its indebtedness Indebtedness and obligations promptly and in accordance with normal terms where failure to pay would have a Material Adverse Effectand comply in all material respects with all material agreements, indentures, mortgages, or documents binding on it or affecting its properties or business; and (ii) pay and discharge or cause to be paid or and discharged promptly all taxes, assessments and governmental charges or levies imposed upon it or upon its income and profits, or upon any of its Property, real, personal or mixed, property or upon any part thereof, before the same shall become in default, as well as all lawful claims for labor, labor materials and supplies or otherwise, otherwise which, if unpaid, might become a lien Lien upon such properties or any part thereof where failure to pay would have a Material Adverse Effectthereof; provided, however, that neither the Guarantor Borrower nor any of its Subsidiaries shall not be required to pay and discharge or to cause to be paid and discharged any such Indebtedness, obligation, tax, assessment, charge, levy levy, or claim so long as the validity thereof shall be contested in good faith by appropriate proceedings and the Guarantor Borrower or such Subsidiary, as the case may be, shall have set aside on its books adequate reserves with respect to any such Indebtedness, obligation, tax, assessment, charge, levy or claim claim, so contested.

Appears in 1 contract

Samples: Credit Agreement (Sound Advice Inc)

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