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

Payment of Indebtedness, Taxes, etc. (a) Pay, and cause each of its Subsidiaries to pay, all indebtedness and obligations in the manner consistent with its operations over the past 6 months; and (b) Pay and discharge or cause to be paid and discharged promptly all taxes, assessments and governmental charges or levies imposed upon it or any of its Subsidiaries or upon their income and profits, or upon any of their 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 or charge upon such properties or any part thereof; provided, however, that neither the Borrower nor any of its Subsidiaries shall 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 contested in good faith by appropriate proceedings, and the Borrower or its Subsidiaries, as the case may be, shall have set aside on its books adequate reserves with respect to any such tax, assessment, charge, levy or claim so contested; and further provided that, subject to the foregoing provision, the Borrower or its Subsidiaries, as the case may be, will pay or cause to be paid all such taxes, assessments, charges, levies or claims upon the commencement of proceedings to foreclose any lien which has attached as security therefor.

Appears in 2 contracts

Samples: Loan Agreement (Newstar Media Inc), Loan Agreement (Dove Entertainment Inc)

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Payment of Indebtedness, Taxes, etc. (a) Pay, and cause each of its Subsidiaries to pay, Pay all indebtedness and obligations in obligations, now existing or hereafter arising, as and when due and payable except where the manner consistent with its operations over the past 6 months; and failure to make such payment pending such contest could not reasonably be expected to have Material Adverse Effect, and (b) Pay pay and discharge or cause to be paid and discharged promptly all taxes, assessments and governmental government charges or levies imposed upon it or any of upon its Subsidiaries or upon their income and profits, or upon any of their 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 Lien or charge upon such properties or any part thereof; provided, however, that neither none of the Borrower Co-Borrowers nor any of its their Subsidiaries shall 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 contested in good faith by appropriate proceedings, and the relevant Co-Borrower or its SubsidiariesSubsidiary, as the case may be, shall have set aside on its books adequate reserves determined in accordance with GAAP with respect to any such tax, assessment, charge, levy or claim so contestedcontested and; and further further, provided that, subject to the foregoing provisionproviso, the each Co-Borrower or and each of its Subsidiaries, as the case may be, Subsidiaries will pay or cause to be paid all such taxes, assessments, charges, levies or claims upon the commencement of proceedings to foreclose any lien which has attached as security therefor.

Appears in 2 contracts

Samples: Credit Agreement (P&f Industries Inc), Credit Agreement (P&f Industries Inc)

Payment of Indebtedness, Taxes, etc. (a) Pay, and cause each of its Subsidiaries to pay, Pay all indebtedness and obligations in the manner consistent with its operations over the past 6 months; and as and when due and payable and (b) Pay pay and discharge or cause to be paid and discharged promptly all taxes, assessments and governmental charges or levies imposed upon it or any of upon its Subsidiaries or upon their income and profits, or upon any of their 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 or charge upon such properties or any part thereof; provided, however, that neither the Borrower it nor any of its Subsidiaries shall 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 contested in good faith by appropriate proceedings, and the Borrower or its Subsidiaries, as the case may be, there shall have been set aside on its books adequate reserves with respect to any such tax, assessment, charge, levy or claim so contested; and further provided that, subject to the foregoing provisionproviso, the Borrower or it will and will cause its Subsidiaries, as the case may be, will Subsidiaries to pay or cause to be paid all such taxes, assessments, charges, levies or claims upon the commencement of proceedings to foreclose any lien which has attached as security therefor.

Appears in 1 contract

Samples: Revolving Credit Agreement (TSR Inc)

Payment of Indebtedness, Taxes, etc. (a) Pay, and cause each of its Subsidiaries to pay, Pay all indebtedness Indebtedness and obligations in the manner consistent with its operations over the past 6 months; and as and when due and payable and (b) Pay pay and discharge or cause to be paid and discharged promptly all taxes, assessments and governmental charges or levies imposed upon it or any of upon its Subsidiaries or upon their income and profits, or upon any of their 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 or charge upon such properties or any part thereof; providedPROVIDED, howeverHOWEVER, that neither the Borrower nor any of its Subsidiaries shall 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 contested in good faith by appropriate proceedings, and the Borrower or its Subsidiariessuch Subsidiary, as the case may be, shall have set aside on its books adequate reserves with respect to any such tax, assessment, charge, levy or claim so contested; and further provided FURTHER PROVIDED that, subject to the foregoing provisionproviso, the Borrower or and its Subsidiaries, as the case may be, Subsidiaries will pay or cause to be paid all such taxes, assessments, charges, levies or claims upon the commencement of proceedings to foreclose any lien which has attached as security therefor.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Transmation Inc)

Payment of Indebtedness, Taxes, etc. (a) Pay, and cause each of its Subsidiaries to pay, Pay all indebtedness and obligations in the manner consistent with its operations over the past 6 months; and obligations, now existing or hereafter arising, as and when due and payable and (b) Pay pay and discharge or cause to be paid and discharged promptly all taxes, assessments and governmental government charges or levies imposed upon it or any of upon its Subsidiaries or upon their income and profits, or upon any of their 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 or charge upon such properties or any part thereof; provided, however, that neither the Borrower Company nor any of its Subsidiaries shall 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 contested in good faith by appropriate proceedings, and the Borrower Company or its Subsidiariessuch Subsidiary, as the case may be, shall have set aside on its books adequate reserves determined in accordance with Generally Accepted Accounting Principles with respect to any such tax, assessment, charge, levy or claim so contestedcontested and; and further further, provided that, subject to the foregoing provisionproviso, the Borrower or Company and each of its Subsidiaries, as the case may be, Subsidiaries will pay or cause to be paid all such taxes, assessments, charges, levies or claims upon the commencement of proceedings to foreclose any lien which has attached as security therefor.

Appears in 1 contract

Samples: Credit Agreement (Family Golf Centers Inc)

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Payment of Indebtedness, Taxes, etc. (a) PayPay and perform all obligations and Indebtedness of the Company, and cause each to be paid and performed all obligations and Indebtedness of its Subsidiaries to pay, all indebtedness in accordance with the terms thereof and obligations in the manner consistent with its operations over the past 6 months; and (b) Pay pay and discharge or cause to be paid and discharged promptly all taxes, assessments and governmental charges or levies imposed upon it the Company or any of its Subsidiaries Subsidiaries, or upon their income and profitsrespective income, receipts or upon any of their property, real, personal or mixed, or upon any part thereof, properties before the same shall become in defaultpast due, as well as all lawful claims for labor, materials and supplies or otherwise which, if unpaid, might become a lien Lien or charge upon such properties or any part thereof; provided, however, that neither the Borrower nor any of Company and its Subsidiaries shall not be required to pay and discharge obligation, Indebtedness, taxes, assessments or cause to be paid and discharged any such taxgovernmental charges or levies or claims for labor, assessment, charge, levy materials or claim so long as supplies for which the validity thereof Company or its Subsidiaries shall be have obtained an adequate bond or adequate insurance or which are being contested in good faith and by appropriate proceedingsproper proceedings 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, and the Borrower or its Subsidiaries, as the case may be, provided further that book reserves adequate under generally accepted accounting principles shall have set aside on its books adequate reserves been established with respect thereto and provided further that the owing Person's title to, and its right to any such taxuse, assessment, charge, levy or claim so contested; and further provided that, subject to the foregoing provision, the Borrower or its Subsidiaries, as the case may be, will pay or cause to be paid all such taxes, assessments, charges, levies or claims upon the commencement of proceedings to foreclose any lien which has attached as security thereforproperty is not materially adversely affected thereby.

Appears in 1 contract

Samples: Warehousing Credit and Security Agreement (First NLC Financial Services Inc)

Payment of Indebtedness, Taxes, etc. (a) Pay, and cause each of its Subsidiaries to pay, Pay all indebtedness and obligations in the manner consistent with its operations over the past 6 months; and obligations, including, but not limited to, all principal and interest on all Notes, whether now existing or hereafter arising, as and when due and payable and (b) Pay pay and discharge or cause to be paid and discharged promptly all taxes, assessments and governmental government charges or levies imposed upon it or any of upon its Subsidiaries or upon their income and profits, or upon any of their 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 or charge upon such properties or any part thereof; provided, however, that neither the Borrower Company nor any of its Subsidiaries shall 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 contested in good faith by appropriate proceedings, and the Borrower Company or its Subsidiariessuch Subsidiary, as the case may be, shall have set aside on its books adequate reserves determined in accordance with Generally Accepted Accounting Principles with respect to any such tax, assessment, charge, levy or claim so contestedcontested and; and further further, provided that, subject to the foregoing provisionproviso, the Borrower or Company and each of its Subsidiaries, as the case may be, Subsidiaries will pay or cause to be paid all such taxes, assessments, charges, levies or claims upon the commencement of proceedings to foreclose any lien which has attached as security therefor.

Appears in 1 contract

Samples: Credit Agreement (Superior Surgical Manufacturing Co Inc)

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