Payment of Taxes and Other Claims. The Company will pay or discharge or cause to be paid or discharged, before the same shall become delinquent, (1) all taxes, assessments and governmental charges levied or imposed upon the Company or upon the income, profits or property of the Company, and (2) all lawful claims for labor, materials and supplies which, if unpaid, might by law become a lien upon the property of the Company; provided, however, that the Company shall not be required to pay or discharge or cause to be paid or discharged any such tax, assessment, charge or claim (i) whose amount, applicability or validity is being contested in good faith by appropriate proceedings or (ii) if the failure to pay or discharge would not have a material adverse effect on the assets, business, operations, properties or financial condition of the Company and its Subsidiaries, taken as a whole.
Appears in 62 contracts
Samples: Indenture (Axos Financial, Inc.), Indenture (Axos Financial, Inc.), Indenture (Fat Brands, Inc)
Payment of Taxes and Other Claims. The Company will pay or discharge or cause to be paid or discharged, before the same shall become delinquent, (1) all material taxes, assessments and governmental charges levied or imposed upon the Company or upon the income, profits or property of the Company, and (2) all material lawful claims for labor, materials and supplies which, if unpaid, might by law become a lien Lien upon the any property or assets of the Company; provided, however, that the Company shall not be required to pay or discharge or cause to be paid or discharged any such tax, assessment, charge or claim (i) whose amount, applicability or validity is being contested in good faith by appropriate proceedings or (ii) if the failure to pay or discharge would not have a material adverse effect on the assets, business, operations, properties or financial condition of the Company and its Subsidiaries, taken as a wholeproceedings.
Appears in 26 contracts
Samples: Indenture (Platinum Group Metals LTD), Indenture (Energy Fuels Inc), Indenture (KWESST Micro Systems Inc.)
Payment of Taxes and Other Claims. The Company will pay or discharge or cause to be paid or discharged, before the same shall become delinquent, (1) all material taxes, assessments and governmental charges levied or imposed upon the Company or upon the income, profits or property of the Company, Company and (2) all material lawful claims for labor, materials and supplies which, if unpaid, might by law become a lien Lien upon the any property of the Company; provided, however, that the Company shall not be required to pay or discharge or cause to be paid or discharged any such tax, assessment, charge or claim (i) whose amount, applicability or validity is being contested in good faith by appropriate proceedings or (ii) if the failure to pay or discharge would not have a material adverse effect on the assets, business, operations, properties or financial condition of the Company and its Subsidiaries, taken as a wholeproceedings.
Appears in 17 contracts
Samples: Indenture (New Gold Inc. /FI), Indenture (Valens Company, Inc.), Indenture (Field Trip Health Ltd.)
Payment of Taxes and Other Claims. The Company will pay or discharge or cause to be paid or discharged, before the same shall become delinquent, (1) all taxes, assessments and governmental charges levied or imposed upon the Company or upon the income, profits or property of the Company, and (2) all lawful claims for labor, materials and supplies which, if unpaid, might by law become a lien upon the property of the Company; provided, however, that the Company shall not be required to pay or discharge or cause to be paid or discharged any such tax, assessment, charge or claim (i) whose amount, applicability or validity is being contested in good faith by appropriate proceedings or (ii) if the failure to pay or discharge would not have a material adverse effect on the assets, business, operations, properties or condition (financial condition or otherwise) of the Company and its Subsidiaries, taken as a whole.
Appears in 14 contracts
Samples: Indenture (Sun Microsystems Inc), Indenture (Read Rite Corp /De/), Indenture (Westell Technologies Inc)
Payment of Taxes and Other Claims. The Company will pay or discharge or cause to be paid or discharged, before the same shall become delinquent, (1) all taxes, assessments and governmental charges levied or imposed upon the Company or upon the income, profits or property of the Company, and (2) all lawful claims for labor, materials and supplies which, if unpaid, might by law become a lien upon the property of the Company; provided, however, that the Company shall not be required to pay or discharge or cause to be paid or discharged any such tax, assessment, charge or claim (i) whose amount, applicability or validity is being contested in good faith by appropriate proceedings or (ii) if the failure to pay or discharge would not have a material adverse effect on the assets, business, operations, properties or condition (financial condition or otherwise) of the Company and its Subsidiariessubsidiaries, taken as a whole.
Appears in 11 contracts
Samples: Indenture (Hp Inc), Indenture (Identive Group, Inc.), Indenture (Energy Conversion Devices Inc)
Payment of Taxes and Other Claims. The Company Corporation will pay or discharge or cause to be paid or discharged, before the same shall become delinquent, (1) all taxes, assessments and governmental charges levied or imposed upon the Company Corporation or upon the income, profits or property of the CompanyCorporation, and (2) all lawful claims for labor, materials and supplies which, if unpaid, might by law become a lien upon the property of the CompanyCorporation; provided, however, that the Company Corporation shall not be required to pay or discharge or cause to be paid or discharged any such tax, assessment, charge or claim (i) whose amount, applicability or validity is being contested in good faith by appropriate proceedings or (ii) if the failure to pay or discharge would not have a material adverse effect on the assets, business, operations, properties or financial condition of the Company Corporation and its Subsidiaries, taken as a whole.
Appears in 11 contracts
Samples: Indenture (Amerant Bancorp Inc.), Indenture (FNB Corp/Pa/), Indenture (FNB Corp/Pa/)
Payment of Taxes and Other Claims. The Company will pay or discharge or cause to be paid or discharged, before the same shall become delinquent, (1) all taxes, assessments and governmental charges levied or imposed upon the Company or upon the income, profits or property of the Company, and (2) all lawful claims for labor, materials and supplies which, if unpaid, might by law become a lien upon the property of the Company; provided, however, that the Company shall not be required to pay or discharge or cause to be paid or discharged any such tax, assessment, charge or claim (i) whose amount, applicability or validity is being contested in good faith by appropriate proceedings or (ii) if the failure to pay or discharge would not have a material adverse effect on the assets, business, operations, properties or condition (financial condition or otherwise) of the Company and its Subsidiaries, taken as a whole.
Appears in 8 contracts
Samples: Indenture (Hp Inc), Indenture (Read Rite Corp /De/), Indenture (Sun Microsystems Inc)
Payment of Taxes and Other Claims. The Company will pay or discharge or cause to be paid or discharged, before the same shall become delinquent, (1) all taxes, assessments and governmental charges levied or imposed upon the Company or upon the income, profits or property of the Company, and (2) all lawful claims for labor, materials and supplies which, if unpaid, might by law become a lien upon the property of the Company; provided, however, that the Company shall not be required to pay or discharge or cause to be paid or discharged any such tax, assessment, charge or claim (i) whose the amount, applicability or validity of which is being contested in good faith by appropriate proceedings or (ii) if the failure to pay or discharge such tax, assessment, charge or claim would not reasonably be expected to have a material adverse effect on the assets, business, operations, properties or financial condition of the Company and its Subsidiaries, taken as a whole.
Appears in 7 contracts
Samples: Indenture (Umb Financial Corp), Indenture (Umb Financial Corp), Indenture (Umb Financial Corp)
Payment of Taxes and Other Claims. The Company will pay or discharge discharge, or cause to be paid or discharged, before the same shall become delinquent, (1) all material taxes, assessments and governmental charges levied or imposed upon the Company or upon the income, profits or property of the Company, and (2) all lawful claims for labor, materials and supplies which, if unpaid, might by law become a material lien upon the property of the Company; provided, however, that the Company shall not be required to pay or discharge or cause to be paid or discharged any such tax, assessment, charge or claim (i) whose amount, applicability or validity is being contested in good faith by appropriate proceedings or (ii) if the failure to pay or discharge would not have a material adverse effect on the assets, business, operations, properties or financial condition of the Company and its Subsidiaries, taken as a wholeproceedings.
Appears in 7 contracts
Samples: Indenture (Public Service Co of Colorado), Indenture (Public Service Co of Colorado), Indenture (Public Service Co of Colorado)
Payment of Taxes and Other Claims. The Company will pay or discharge discharge, or cause to be paid or discharged, before the same shall become delinquent, (1l) all material taxes, assessments and governmental charges levied or imposed upon the Company or upon the income, profits or property of the Company, and (2) all lawful claims for labor, materials and supplies which, if unpaid, might by law become a material lien upon the property of the Company; provided, however, that the Company shall not be required to pay or discharge or cause to be paid or discharged any such tax, assessment, charge or claim (i) whose amount, applicability or validity is being contested in good faith by appropriate proceedings or (ii) if the failure to pay or discharge would not have a material adverse effect on the assets, business, operations, properties or financial condition of the Company and its Subsidiaries, taken as a wholefor which adequate provision has been made.
Appears in 5 contracts
Samples: Indenture (WPS Resources Corp), Indenture (Wisconsin Public Service Corp), Indenture (Wisconsin Public Service Corp)
Payment of Taxes and Other Claims. The Company will pay or discharge or cause to be paid or discharged, before the same shall become delinquent, (1a) all taxes, assessments and governmental charges levied or imposed upon the Company or upon the income, profits or property of the Company, and (2b) all lawful claims for labor, materials and supplies which, if unpaid, might by law become a lien upon the property of the Company; provided, however, that the Company shall not be required to pay or discharge or cause to be paid or discharged any such tax, assessment, charge or claim (i) whose amount, applicability or validity is being contested in good faith by appropriate proceedings or (ii) if the failure to pay or discharge would not have a material adverse effect on the assets, business, operations, properties or financial condition of the Company and its Subsidiaries, taken as a wholeproceedings.
Appears in 5 contracts
Samples: Senior Indenture (American Express Co), Indenture (Western Wireless Corp), Indenture (Western Wireless Corp)
Payment of Taxes and Other Claims. The Company will pay or discharge or cause to be paid or discharged, before the same shall become delinquent, (1) all taxes, assessments and governmental charges levied or imposed upon the Company or upon the income, profits or property of the Company, and (2) all lawful claims for labor, materials and supplies which, if unpaid, might by law become a lien upon the property of the Company; provided, however, that the Company shall not be required to pay or discharge or cause to be paid or discharged any such tax, assessment, charge or claim (i) whose amount, applicability or validity is being contested in good faith by appropriate proceedings or (ii) if the failure to pay such tax, assessment, charge or discharge would claim is not likely to have a material adverse effect on the assets, business, operations, properties or financial condition of the Company and its consolidated Subsidiaries, taken as a whole.
Appears in 4 contracts
Samples: Indenture (Impac Mortgage Holdings Inc), Indenture (Ugly Duckling Corp), Indenture (Impac Mortgage Holdings Inc)
Payment of Taxes and Other Claims. The Company will pay or discharge or cause to be paid or discharged, before the same shall become delinquent, (1) all taxes, assessments and governmental charges levied or imposed upon the Company or upon the income, profits or property of the Company, and (2) all lawful claims for labor, materials and supplies which, if unpaid, might by law become a lien upon the property of the Company; provided, however, that the Company shall not be required to pay or discharge or cause to be paid or discharged any such tax, assessment, charge or claim (i) whose amount, applicability or validity is being contested in good faith by appropriate proceedings or (ii) if the failure to pay or discharge would not have a material adverse effect on the assets, business, operations, properties or condition (financial condition or otherwise) of the Company and its Subsidiariessubsidiaries, taken as a whole.
Appears in 4 contracts
Samples: Indenture (Hewlett Packard Enterprise Co), Indenture (Hp Inc), Indenture (Sun Microsystems Inc)
Payment of Taxes and Other Claims. The Company will pay or discharge, and cause each of its Restricted Subsidiaries to pay or discharge or cause to be paid or discharged, before the same shall become delinquent, delinquent (1i) all material taxes, assessments and governmental charges levied or imposed upon the Company or upon the income, any Restricted Subsidiary or its income or profits or property of the Companyproperty, and (2ii) all material lawful claims for labor, materials and supplies whichthat, if unpaid, might by law become a lien Lien upon the property of the Company; providedCompany or any Restricted Subsidiary, however, that the Company shall not be required to pay or discharge or cause to be paid or discharged other than any such tax, assessment, charge or claim (i) whose of which the amount, applicability or validity is being contested in good faith by appropriate negotiations or proceedings or (ii) if where the failure to pay effect such payment or discharge would is not have a adverse in any material adverse effect on respect to the assets, business, operations, properties or financial condition of the Company and its Subsidiaries, taken as a wholeHolders.
Appears in 3 contracts
Samples: Indenture (Aci Worldwide, Inc.), Indenture (Aci Worldwide, Inc.), Indenture (Digitalglobe, Inc.)
Payment of Taxes and Other Claims. The Company will pay or discharge or cause to be paid or discharged, before the same shall become delinquent, (1a) all taxes, assessments and governmental charges levied or imposed upon the Company or upon the income, profits or property of the Company, and (2b) all lawful claims for labor, materials and supplies which, if unpaid, might by law become a lien upon the property of the Company; provided, however, that the Company shall not be required to pay or discharge or cause to be paid or discharged any such tax, assessment, charge or claim (i) whose amount, applicability or validity is being contested in good faith by appropriate proceedings or (ii) if the failure to pay or discharge would not have a material adverse effect on the assets, business, operations, properties or condition (financial condition or otherwise) of the Company and its Subsidiaries, taken as a whole.
Appears in 3 contracts
Samples: Indenture (Symantec Corp), Indenture (Symantec Corp), Indenture (Intuit Inc)
Payment of Taxes and Other Claims. The Company will pay or discharge or cause to be paid or discharged, before the same shall become delinquent, (1) all material taxes, assessments and governmental charges levied or imposed upon the Company or upon the income, profits or property of the Company, and (2) all material lawful claims for labor, materials and supplies which, if unpaid, might by law become a lien Lien upon the property any Principal Property of the Company; provided, however, that the Company shall not be required to pay or discharge or cause to be paid or discharged any such tax, assessment, charge or claim (i) whose amount, applicability or validity is being contested in good faith by appropriate proceedings or (ii) if the failure to pay or discharge would not have a material adverse effect on the assets, business, operations, properties or financial condition of the Company and its Subsidiaries, taken as a wholeproceedings.
Appears in 2 contracts
Samples: Indenture (Boston Scientific Corp), Indenture Agreement (American Medical Systems Europe B.V.)
Payment of Taxes and Other Claims. The Company will pay or discharge or cause to be paid or discharged, before the same shall become delinquent, (1) all taxes, assessments and governmental charges levied or imposed upon the Company or upon the income, profits or property of the Company, and (2) all lawful claims for labor, materials and supplies which, if unpaid, might by law become a lien upon the property of the Company; provided, however, that the Company shall not be required to pay or discharge or cause to be paid or discharged any such tax, assessment, charge or claim (i) whose amount, applicability or validity is being contested in good faith by appropriate proceedings or (ii) if the failure to pay or discharge would not have a material adverse effect on the assets, business, operations, properties or financial condition of the Company and its Subsidiaries, taken as a whole.44
Appears in 2 contracts
Samples: Indenture (Mobile Mini Inc), Indenture (Mobile Mini Inc)
Payment of Taxes and Other Claims. The Company will pay or discharge or cause to be paid or discharged, before the same shall become delinquent, (1) all taxes, assessments and governmental charges levied or imposed upon the Company or upon the income, profits or property of the Company, and (2) all lawful claims for labor, materials and supplies which, if unpaid, might by law become a lien upon the property of the Company; providedPROVIDED, howeverHOWEVER, that the Company shall not be required to pay or discharge or cause to be paid or discharged any such tax, assessment, charge or claim (i) whose amount, applicability or validity is being contested in good faith by appropriate proceedings or (ii) if the failure to pay or discharge would not have a material adverse effect on the assets, business, operations, properties or financial condition of the Company and its Subsidiaries, taken as a wholeproceedings.
Appears in 2 contracts
Samples: Indenture (Exelon Generation Co LLC), Indenture (NVP Capital Iii)
Payment of Taxes and Other Claims. The Company will pay or discharge or cause to be paid or discharged, before the same shall become delinquent, (1a) all taxes, assessments and governmental charges levied or imposed upon the Company or upon the income, profits or property of the Company, Company and (2b) all lawful claims for labor, materials and supplies supplies, which, if unpaid, might by law become a lien upon the property of the Company; provided, however, that the Company shall not be required to pay or discharge or cause to be paid or discharged any such tax, assessment, charge or claim (i) whose amount, applicability or validity is being contested in good faith by appropriate proceedings or (ii) if the failure to pay or discharge would not have a material adverse effect on the assets, business, operations, properties or financial condition of the Company and its Subsidiaries, taken as a wholeproceedings.
Appears in 2 contracts
Samples: Indenture (Atlantic Coast Entertainment Holdings Inc), Indenture (Atlantic Coast Entertainment Holdings Inc)
Payment of Taxes and Other Claims. The Company will pay or discharge discharge, and cause each of its Restricted Subsidiaries to pay or cause to be paid or dischargeddischarge, before the same shall become delinquent, delinquent (1i) all material taxes, assessments and governmental charges levied or imposed upon the Company or upon the income, any Restricted Subsidiary or its income or profits or property of the Companyproperty, and (2ii) all material lawful claims for labor, materials and supplies whichthat, if unpaid, might by law become a lien Lien upon the property of the Company; providedCompany or any Restricted Subsidiary, however, that the Company shall not be required to pay or discharge or cause to be paid or discharged other than any such tax, assessment, charge or claim (i) whose the amount, applicability or validity of which is being contested in good faith by appropriate proceedings and for which adequate reserves have been established or (ii) if where the failure to pay effect such payment or discharge would is not have a adverse in any material adverse effect on respect to the assets, business, operations, properties or financial condition of the Company and its Subsidiaries, taken as a wholeHolders.
Appears in 2 contracts
Payment of Taxes and Other Claims. The Company will pay or discharge or cause to be paid or discharged, before the same shall become delinquent, (1) all taxes, assessments and governmental charges levied or imposed upon the Company or upon the income, profits or property of the Company, and (2) all lawful claims for labor, materials and supplies which, if unpaid, might by law become a lien upon the property of the Company; , provided, however, that the Company shall not be required to pay or discharge or cause to be paid or discharged any such tax, assessment, charge or claim (i) whose amount, applicability or validity is being contested in good faith by appropriate proceedings or (ii) if the failure to pay such tax, assessment, charge or discharge would claim is not likely to have a material adverse effect on the assets, business, operations, properties or financial condition of the Company and its consolidated Subsidiaries, taken as a whole.
Appears in 2 contracts
Samples: Indenture (Ugly Duckling Corp), Indenture (Ugly Duckling Corp)
Payment of Taxes and Other Claims. The Company will pay or discharge or cause to be paid or discharged, before the same shall become delinquent, (1) all taxes, assessments and governmental charges levied or imposed upon the Company or upon the income, profits or property of the Company, and (2) all lawful claims for labor, materials and supplies which, if unpaid, might by law become a lien upon the property of the Company; provided, however, that the Company shall not be required to pay or discharge or cause to be paid or discharged any such tax, assessment, charge or claim (i) whose amount, applicability or validity is being contested in good faith by appropriate proceedings or (ii) if the failure to pay or discharge would not have have
64 a material adverse effect on the assets, business, operations, properties or condition (financial condition or otherwise) of the Company and its Subsidiaries, taken as a whole.
Appears in 1 contract
Samples: Indenture (Sun Microsystems Inc)
Payment of Taxes and Other Claims. The Company will pay or discharge or cause to be paid or discharged, before the same shall become delinquent, (1) all taxes, assessments and governmental charges levied or imposed upon the Company or upon the income, profits or property of the Company, and (2) all lawful claims for labor, materials and supplies which, if unpaid, might by law become a lien Lien upon the property of the Company; providedPROVIDED, howeverHOWEVER, that the Company shall not be required to pay or discharge or cause to be paid or discharged any such tax, assessment, charge or claim (i) whose amount, applicability or validity is being contested in good faith by appropriate proceedings or (ii) if the failure to pay or discharge would not have a material adverse effect on the assets, business, operations, properties or financial condition of the Company and its Subsidiaries, taken as a whole.appropriate
Appears in 1 contract
Payment of Taxes and Other Claims. The Company will pay or discharge or cause to be paid or discharged, before the same shall become delinquent, (1) all taxes, assessments and governmental charges levied or imposed upon the Company or upon the income, profits or property of the Company, and (2) all lawful claims for labor, materials and supplies which, if unpaid, might by law become a lien upon the property of the Company; provided, however, that the Company shall not be required to pay or discharge or cause to be paid or discharged any such tax, assessment, charge or claim (i) whose amount, applicability or validity is being contested in good faith by appropriate proceedings or (ii) if the failure to pay or discharge would not have a material adverse effect on the assets, -50- 57 business, operations, properties or condition (financial condition or otherwise) of the Company and its Subsidiaries, taken as a whole.
Appears in 1 contract
Samples: Indenture (Solectron Corp)
Payment of Taxes and Other Claims. The Company will pay or discharge or cause to be paid or discharged, before the same shall become delinquent, (1) all taxes, assessments and governmental charges levied or imposed upon the Company or upon the income, profits or property of the Company, and (2) all lawful claims for labor, materials and supplies which, if unpaid, might by law become a lien upon the property of the Company; provided, howeverhowever , that the Company shall 45 not be required to pay or discharge or cause to be paid or discharged any such tax, assessment, charge or claim (i) whose amount, applicability or validity is being contested in good faith by appropriate proceedings or (ii) if the failure to pay or discharge would not have a material adverse effect on the assets, business, operations, properties or condition (financial condition or otherwise) of the Company and its Subsidiariessubsidiaries, taken as a whole.
Appears in 1 contract
Payment of Taxes and Other Claims. The Company will pay or discharge or cause to be paid or discharged, before the same shall become delinquent, (1) all taxes, assessments and governmental charges levied or imposed upon the Company or upon the income, profits or property of the Company, and (2) all lawful claims for labor, materials and supplies which, if unpaid, might by law become a lien upon the property of the Company; provided, however, that the Company shall not be required to pay or discharge or cause to be paid or discharged any such tax, assessment, charge or claim (i) whose amount, applicability or validity is being contested in good faith by appropriate proceedings or (ii) if the failure to pay or discharge would not have a material adverse effect on the assets, business, operations, properties or condition (financial condition or otherwise) of the Company and its SubsidiariesSubsidiaries taken, taken as a whole.
Appears in 1 contract
Samples: Indenture (Quantum Corp /De/)
Payment of Taxes and Other Claims. The Company will pay or --------------------------------- discharge or cause to be paid or discharged, before the same shall become delinquent, (1i) all taxes, assessments and governmental charges levied or imposed upon the Company it or upon the its income, profits or property of the Companyproperty, and (2ii) all lawful claims for labor, materials and supplies which, if unpaid, might by law become a lien upon the property of the Companyits property; provided, however, that the Company shall not be required to pay or discharge or cause to be paid or discharged any such tax, assessment, charge or claim (i) whose amount, applicability or validity is being contested in good faith by appropriate proceedings or (ii) if the failure to pay or discharge would not have a material adverse effect on the assets, business, operations, properties or financial condition of the Company and its Subsidiaries, taken as a wholeproceedings.
Appears in 1 contract
Payment of Taxes and Other Claims. The Company will pay or discharge, and cause each of its Restricted Subsidiaries to pay or discharge or cause to be paid or discharged, before the same shall become delinquent, delinquent (1i) all material taxes, assessments and governmental charges levied or imposed upon the Company or upon the income, any Restricted Subsidiary or its income or profits or property of the Companyproperty, and (2ii) all material lawful claims for labor, materials and supplies whichthat, if unpaid, might by law become a lien Lien upon the property of the Company; providedCompany or any Restricted Subsidiary, however, that the Company shall not be required to pay or discharge or cause to be paid or discharged other than any such tax, assessment, charge or claim (i) whose the amount, applicability or validity of which is being contested in good faith by appropriate negotiations or proceedings or (ii) if where the failure to pay effect such payment or discharge would is not have a adverse in any material adverse effect on respect to the assets, business, operations, properties or financial condition of the Company and its Subsidiaries, taken as a wholeHolders.
Appears in 1 contract
Samples: Indenture (Digitalglobe Inc)
Payment of Taxes and Other Claims. The Company will shall pay or discharge or cause to be paid or discharged, before the same shall become delinquent, (1a) all taxes, assessments and governmental charges levied or imposed upon the Company or upon the income, profits or property of the Company, Company and (2b) all lawful claims for labor, materials and supplies which, if unpaid, might by law become a lien Liens upon the property of the Company; provided, however, that the Company shall not be required to pay or discharge or cause to be paid or discharged any such tax, assessment, charge or claim (i) whose amount, applicability or validity is being contested in good faith by appropriate proceedings or (ii) if the failure to pay or discharge would not have a material adverse effect on the assets, business, operations, properties or financial condition of the Company and its Subsidiaries, taken as a wholefor which adequate provision has been made.
Appears in 1 contract