Payment of Taxes and Impositions, etc. (a) Borrower will pay and discharge, or will cause Tenant or Manager to pay and discharge, all Taxes and Impositions at the time and in the manner required by the Lease. Borrower will deliver, or will cause Tenant or Manager to deliver, to Lender, promptly upon Lender's request, receipts (or if receipts are not available, copies of cancelled checks evidencing payment with receipts to follow promptly after they become available) showing payment of Taxes and Impositions before the applicable delinquency date therefor. Borrower will not suffer and will pay within thirty (30) days of knowledge or will cause Tenant or Manager to pay within thirty (30) days of knowledge, and discharge any Lien which may be or become a Lien against the Mortgaged Property, subject to Borrower's contest rights under subsection 4.02(b) hereof. (b) After prior written notice to Lender, and provided no Default (as defined in the Lease) or Event of Default (as defined in the Lease) exists, Borrower (or, to the extent permitted under the Lease, Tenant), may contest, or permit to be contested (including through abatement proceedings), in good faith and at its sole expense, by appropriate legal proceedings, the amount or validity or application in whole or in part of any of the Taxes or Impositions, and/or any Legal Requirements affecting the Leased Property, and to postpone payment of or compliance with the same during the pendency of such contest, provided that such contest is conducted in accordance with and subject to the conditions contained in paragraph 6(d) of the Lease.
Appears in 2 contracts
Samples: Loan Agreement (Maxxam Inc), Loan Agreement (Maxxam Group Holdings Inc)
Payment of Taxes and Impositions, etc. (a) Borrower will pay and discharge, or will cause Tenant or Manager to pay and discharge, all Taxes and Impositions at the time and in the manner required by the Lease. Borrower will deliver, or will cause Tenant or Manager to deliver, to Lender, promptly upon Lender's ’s request, receipts (or if receipts are not available, copies of cancelled checks evidencing payment with receipts to follow promptly after they become available) showing payment of Taxes and Impositions before the applicable delinquency date date. therefor. Borrower will not suffer and will pay within thirty (30) days of knowledge or will cause Tenant or Manager to pay within thirty (30) days of knowledge, and discharge any Lien which may be or become a Lien against the Mortgaged Property, subject to Borrower's ’s contest rights under under-subsection 4.02(b) hereof.
(b) After prior written notice to Lender, and provided no Default (as defined in the Lease) or Event of Default (as defined in the Lease) exists, Borrower (or, to the extent permitted under the Lease, Tenant), may contest, or permit to be contested (including through abatement proceedings), in good faith and at its sole expense, by appropriate legal proceedings, the amount or validity or application in whole or in part of any of the Taxes or Impositions, and/or any Legal Requirements affecting the Leased Property, and to postpone payment of or compliance with the same during the pendency of such contest, provided that such contest is conducted in accordance with and subject to the conditions contained in paragraph 6(d) of the Lease.
Appears in 2 contracts
Samples: Loan Agreement (Maxxam Inc), Loan Agreement (Maxxam Inc)