Common use of Payment of Taxes and Other Claims Clause in 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 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 59 contracts

Samples: Note (Axos Financial, Inc.), Note (Axos Financial, Inc.), Indenture (Fat Brands, Inc)

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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 25 contracts

Samples: Cybin (Cybin Inc.), Indenture (Bragg Gaming Group Inc.), Indenture (Engine Media 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 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 (Cygnus Inc /De/), Reimbursement Agreement (Maxtor Corp), Read Rite Corp /De/

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.), FNB Corp/Pa/, Indenture (FNB Corp/Fl/)

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: Hp Inc, Identive Group, Inc., Note (Euronet Worldwide 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 Subsidiaries, taken as a whole.

Appears in 8 contracts

Samples: Indenture (Hp Inc), Cygnus Inc /De/, Micron Technology 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), Public Service Co of Colorado, Baltimore Gas & Electric Co

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: WPS Resources Corp, Exhibit 4a (Wisconsin Public Service Corp), WPS Resources 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: Indenture (American Express Co), Securities Indenture (Western Wireless Corp), Indenture (Systems & Computer Technology 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 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: Hewlett Packard Enterprise Co, Hp Inc, 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 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: Impac Mortgage Holdings Inc, Ugly Duckling Corp, Impac Mortgage Holdings 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: Supplemental Indenture (Aci Worldwide, Inc.), Supplemental Indenture (Aci Worldwide, Inc.), Supplemental 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, (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 3 contracts

Samples: Read Rite Corp /De/, Micron Technology Inc, Read Rite 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, (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: Symantec Corp, Symantec Corp, 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 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 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 where the failure to pay or discharge would effect such payment is not have a adverse in any material adverse effect on respect to the assets, business, operations, properties or financial condition Holders of the Company and its Subsidiaries, taken as a wholeNotes.

Appears in 2 contracts

Samples: Indenture (Governor & Co of the Bank of Ireland), Indenture (Governor & Co of the Bank of Ireland)

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: Supplemental Indenture (Boston Scientific Corp), Supplemental Indenture (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; 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: NVP Capital Iii, Exelon Generation Co LLC

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: Ugly Duckling Corp, 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 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: Pledge Agreement (Mobile Mini Inc), Mobile Mini Inc

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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 57 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 2 contracts

Samples: Indenture (Pharmacopeia Drug Discovery Inc), Entertainment Properties Trust

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

Samples: Indenture (Seadrill LTD), Indenture (Valaris 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, (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: Atlantic Coast Entertainment Holdings Inc, Atlantic Coast Entertainment 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, (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

Samples: Caprius 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 Subsidiariessubsidiaries, taken as a whole.

Appears in 1 contract

Samples: Acquisition Agreement (Texas Instruments 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 financial condition of the Company and its Subsidiaries, taken as a whole.. Section 10.9

Appears in 1 contract

Samples: Quest Cherokee Oilfield Service, LLC

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.have

Appears in 1 contract

Samples: 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

Samples: Indenture (Hartford Life Insurance Co)

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: 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, 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: Quantum Corp /De/

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

Samples: Note Purchase Agreement (NGAS Resources 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, 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

Samples: Hewlett Packard Enterprise Co

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)

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