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 any of its Subsidiaries or upon the income, profits or property of the Company or any of its Subsidiaries, 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 or any of its Subsidiaries; 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 whose amount, applicability or validity is being contested in good faith by appropriate proceedings.

Appears in 6 contracts

Samples: Indenture (Eagle Food Centers Inc), Second Supplemental Indenture (Lamar Advertising Co), Indenture (Heritage Media Corp)

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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, (1a) all taxes, assessments and governmental charges levied or imposed upon the Company or any of its Subsidiaries Restricted Subsidiary or upon the income, profits or property of the Company or any of its SubsidiariesRestricted Subsidiary, 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 or any of its SubsidiariesRestricted Subsidiary; 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 whose amount, applicability or validity is being contested in good faith by appropriate proceedings.

Appears in 6 contracts

Samples: Junior Subordinated Indenture (Nationwide Financial Services Inc/), Junior Subordinated Indenture (Nationwide Financial Services Inc/), Subordinated Indenture (Hartford Life 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 any of its Subsidiaries Restricted Subsidiary or upon the income, profits or property of the Company or any of its Subsidiaries, Restricted Subsidiary 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 or any of its SubsidiariesRestricted Subsidiary; 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 whose amount, applicability or validity is being contested in good faith by appropriate proceedings.

Appears in 5 contracts

Samples: Indenture (Qwest Communications International Inc), Indenture (Qwest Communications International Inc), Indenture (Qwest Communications International 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 any of its Subsidiaries or upon the income, profits or property of the Company or any of its Subsidiaries, 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 or any of its Subsidiaries; PROVIDEDprovided, HOWEVERhowever, that neither the Company nor any of its Subsidiaries shall not be required to pay or discharge or cause to be paid or discharged any such tax, assessment, charge or claim whose amount, applicability or validity is being contested in good faith by appropriate proceedings.

Appears in 5 contracts

Samples: Indenture (Bowater Inc), Senior Indenture (Bowater Inc), Indenture (Bowater 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 any of its Subsidiaries or upon the income, profits or property Property of the Company or any of its Subsidiaries, Subsidiaries and (2b) all material lawful claims for labor, materials and supplies which, if unpaid, might by law become a lien Lien upon the property Property of the Company or any of its Subsidiaries; PROVIDED, HOWEVER, provided 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 whose amount, applicability or validity is being contested in good faith by appropriate proceedingsproceedings and for which adequate reserves in accordance with GAAP or other appropriate provision has been made.

Appears in 4 contracts

Samples: Indenture (Paragon Trade Brands Inc), Indenture (Fresh Foods Inc), Indenture (Galey & Lord Inc)

Payment of Taxes and Other Claims. The Company will, and will cause each Subsidiary to, 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 any of its Subsidiaries Subsidiary or upon the income, profits or property of the Company or any of its SubsidiariesSubsidiary, 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 or any of its SubsidiariesSubsidiary; PROVIDEDprovided, HOWEVERhowever, that neither the Company nor any Subsidiary shall not be required to pay or discharge or cause to be paid or discharged any such tax, assessment, charge or claim whose amount, applicability or validity is being contested in good faith by appropriate proceedings.

Appears in 4 contracts

Samples: Indenture (Century Communications Corp), Senior Subordinated Indenture (Century Communications Corp), Indenture (Century Communications 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 any Subsidiaries of its Subsidiaries the Company or upon the income, profits or property of the Company or any of its Subsidiaries, and 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 or any Subsidiaries of its Subsidiariesthe 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 whose amount, applicability or validity is being contested in good faith by appropriate proceedings.

Appears in 4 contracts

Samples: Indenture (Nextlink Communications Inc / De), Indenture (Nextlink Communications Inc /De/), Indenture (Nextlink Communications Inc /De/)

Payment of Taxes and Other Claims. The Company has paid and will in the future 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 any of its Subsidiaries or upon the income, profits or property of the Company or any of its SubsidiariesCompany, and (2b) all lawful claims against the Company for labor, materials and supplies whichwhich in the case of either clause (a) or (b) of this Section 303, if unpaid, might by law become a lien upon the property of the Company or any of its Subsidiariesproperty; 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 whose amount, applicability or validity is being contested in good faith by appropriate proceedings.

Appears in 4 contracts

Samples: Convertible Note Purchase Agreement (Micro General Corp), Convertible Note Purchase Agreement (Micro General Corp), Convertible Note Purchase Agreement (Micro General 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, (1i) all material taxes, assessments and governmental charges levied or imposed upon the Company or any of its Subsidiaries or upon the income, profits or property of the Company or any of its Subsidiaries, and (2ii) all material lawful claims for labor, materials and supplies which, if unpaid, might by law become a lien Lien upon the property of the Company or any of its Subsidiaries; PROVIDED, HOWEVER, provided 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 whose amount, applicability or validity is being contested in good faith faith, and, if necessary, by appropriate proceedings.

Appears in 4 contracts

Samples: Indenture (Environmental Procedures Inc), Indenture (Tuboscope Inc /De/), Indenture (Fiber Glass Systems Lp)

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 material taxes, assessments and governmental charges levied or imposed upon the Company it or any of its Subsidiaries Subsidiary or upon the income, profits or property of the Company or any of its Subsidiaries, Subsidiaries and (2b) all material lawful claims for labor, materials and supplies supplies, which, if unpaid, might by law become a lien upon the property of the Company or any of its SubsidiariesRestricted Subsidiary; 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 whose amount, applicability or validity is being contested in good faith by appropriate proceedings.

Appears in 3 contracts

Samples: Indenture (Cablevision Systems Corp), Indenture (CSC Parent Corp), Indenture (Cablevision Systems Corp)

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 any of its Subsidiaries Restricted Subsidiary or upon the income, profits or property Property of the Company or any of its Subsidiaries, Restricted Subsidiary and (2b) all lawful claims for labor, materials and supplies supplies, which, if unpaid, might could by law become a lien Lien upon the property Property of the Company or any of its SubsidiariesRestricted Subsidiary; 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 whose amount, applicability or validity is being contested in good faith by appropriate proceedingsproceedings and for which appropriate provision has been made in accordance with GAAP.

Appears in 3 contracts

Samples: Indenture (Pogo Producing Co), Indenture (Pogo Producing Co), Indenture (Pogo Producing Co)

Payment of Taxes and Other Claims. The Company will, and will cause any Significant Subsidiary to, 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 any of its Subsidiaries Subsidiary or upon the income, profits or property of the Company or any of its Subsidiaries, Subsidiary 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 or any of its SubsidiariesSubsidiary; 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 whose amount, applicability or validity is being contested in good faith by appropriate proceedings.

Appears in 3 contracts

Samples: Exchange and Redemption Agreement (Ciphergen Biosystems Inc), Indenture (Ciphergen Biosystems Inc), Indenture (Radisys 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 material taxes, assessments and governmental charges levied or imposed upon the Company or any of its Subsidiaries Subsidiary or upon the income, profits or property of the Company or the income, profits or property of any of its SubsidiariesSubsidiary, and (2) all material lawful claims for labor, materials and supplies which, if unpaid, might by law become a lien upon the property of the Company or the property of any of its SubsidiariesSubsidiary; 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 whose the amount, applicability or validity of which is being contested in good faith by appropriate proceedings.

Appears in 3 contracts

Samples: Senior Debt Indenture (Intercontinental Exchange, Inc.), Subordinated Debt Indenture (Intercontinental Exchange, Inc.), Senior Debt Indenture (Intercontinental Exchange, 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 material taxes, assessments and governmental charges levied or imposed upon the Company or any of its Material Subsidiaries or upon the income, profits or property of the Company or any of its Material Subsidiaries, and (2ii) all material lawful claims for labor, materials and supplies which, if unpaid, might by law become a lien upon the property of the Company or any of its Material Subsidiaries; PROVIDED, HOWEVER, provided 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 whose amount, applicability or validity is being contested in good faith by appropriate proceedingsor would not be, individually or in the aggregate, disadvantageous in any material respect to the Holders.

Appears in 3 contracts

Samples: Indenture (Petroleum Geo Services Asa), Indenture (Petroleum Geo Services Asa), Indenture (Petroleum Geo Services Asa)

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 any Subsidiary of its Subsidiaries the Company or upon the income, profits or property of the Company or any Subsidiary of its Subsidiaries, the 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 or any Subsidiary of its Subsidiariesthe 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 whose amount, applicability or validity is being contested in good faith by appropriate proceedings.

Appears in 3 contracts

Samples: Indenture (Tembec Industries Inc), Indenture (Tembec Industries Inc), Indenture (Tembec Industries 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 any of its Subsidiaries Restricted Subsidiary or upon the income, profits or property of the Company or any of its Subsidiaries, Restricted Subsidiary 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 or any of its SubsidiariesRestricted Subsidiary; 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 whose amount, applicability or validity is being contested in good faith by appropriate proceedings.

Appears in 3 contracts

Samples: Indenture (St Charles Gaming Co Inc), Indenture (Grand Palais Riverboat Inc), Indenture (Cd Radio 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 any of its Subsidiaries Restricted Subsidiary or upon the income, profits or property of the Company or any of its Subsidiaries, Restricted Subsidiary 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 or any of its SubsidiariesRestricted Subsidiary; 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 whose amount, applicability or validity is being contested in good faith by appropriate proceedings.

Appears in 3 contracts

Samples: Indenture (Burke Industries Inc /Ca/), Indenture (Burke Flooring Products Inc), Indenture (Burke Industries Inc /Ca/)

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 any of its Subsidiaries Subsidiary or upon the income, profits or property of the Company or any of its Subsidiaries, Subsidiary and (2b) all lawful claims for labor, materials and supplies supplies, which, if unpaid, might by law become a lien (other than a Permitted Lien) upon the property of the Company or any of its SubsidiariesSubsidiary; 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 whose amount, applicability or validity is being contested in good faith by appropriate proceedings.

Appears in 3 contracts

Samples: Indenture (Facilicom International Inc), Indenture (World Access Inc /New/), Indenture (World Access Inc /New/)

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 material taxes, assessments and governmental charges levied or imposed upon the Company or any of its Subsidiaries or upon the income, profits or property of the Company or any of its Subsidiaries, Subsidiaries and (2b) all material lawful claims for labor, materials and supplies which, if unpaid, might by law become a lien Lien upon the property of the Company or any of its Subsidiaries; PROVIDED, HOWEVER, provided 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 whose amount, applicability or validity is being contested in good faith by appropriate proceedingsproceedings and for which adequate reserves in accordance with GAAP or other appropriate provision has been made.

Appears in 3 contracts

Samples: Indenture (Hs Resources Inc), Indenture (Hs Resources Inc), Indenture (Hs Resources 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 material taxes, assessments and governmental charges levied or imposed upon the Company or any of its Subsidiaries or upon the income, profits or property of the Company or any of its Subsidiaries, Subsidiaries and (2b) all material lawful claims for labor, materials and supplies which, if unpaid, might by law become a lien Lien upon the property Property or assets of the Company or any of its Subsidiaries; PROVIDED, HOWEVER, provided 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 whose amount, applicability or validity is being contested in good faith by appropriate proceedingsproceedings and for which adequate reserves in accordance with GAAP or other appropriate provision has been made.

Appears in 3 contracts

Samples: Indenture (Di Industries Inc), Indenture (Grey Wolf Inc), Indenture (Grey Wolf 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 any of its Subsidiaries Subsidiary or upon the income, profits or property of the Company or any of its Subsidiaries, Subsidiary and (2b) all lawful claims for labor, materials and supplies supplies, which, if unpaid, might would by law become a lien (other than a Permitted Lien) upon the property of the Company or any of its SubsidiariesSubsidiary; 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 whose amount, applicability or validity is being contested in good faith by appropriate proceedings.

Appears in 3 contracts

Samples: Indenture (Dti Holdings Inc), Indenture (Nine West Group Inc /De), Indenture (Nine West Group Inc /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 any of its Subsidiaries or upon the income, profits or property Property of the Company or any of its Subsidiaries, Subsidiaries and (2b) all material lawful claims for labor, materials and supplies which, if unpaid, might by law become a lien Lien upon the property Property of the Company or any of its Subsidiaries; PROVIDED, HOWEVER, PROVIDED 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 whose amount, applicability or validity is being contested in good faith by appropriate proceedingsproceedings and for which adequate reserves in accordance with GAAP or other appropriate provision has been made.

Appears in 3 contracts

Samples: Indenture (Prime Succession Holdings Inc), Indenture (Prime Succession Holdings Inc), Indenture (Prime Succession 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, (1a) all taxes, assessments and governmental charges levied or imposed upon the Company or any of its Subsidiaries or upon the income, profits or property of the Company or any of its Subsidiaries, and (2b) all lawful claims for labor, materials and supplies which, if unpaid, might by law become a lien Lien upon the property of the Company or any Subsidiary of its Subsidiariesthe 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 whose the amount, applicability or validity of which is being contested in good faith by appropriate proceedingsproceedings and for which adequate provision has been made or where the failure to effect such payment or discharge is not adverse in any material respect to the Company.

Appears in 3 contracts

Samples: Indenture (Telegroup Inc), Indenture (Interface Inc), Indenture (Telegroup 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 material taxes, assessments and governmental charges levied or imposed upon the Company or any of its Subsidiaries or upon the income, profits or property of the Company or any of its Subsidiaries, and (2ii) all material lawful claims for labor, materials and supplies which, if unpaid, might by law become a lien Lien upon the property of the Company or any of its Subsidiaries; PROVIDED, HOWEVER, provided 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 whose amount, applicability or validity is being contested in good faith faith, and by appropriate proceedings.

Appears in 2 contracts

Samples: Indenture (R&b Falcon Corp), Indenture (R&b Falcon 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 any Subsidiaries of its Subsidiaries the Company or upon the income, profits or property of the Company or any of its Subsidiaries, 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 or any Subsidiaries of its Subsidiariesthe 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 whose amount, applicability or validity is being contested in good faith by appropriate proceedings.

Appears in 2 contracts

Samples: Indenture (Nextlink Communications Inc / De), Indenture (Nextlink Communications 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 delinquentany material penalty accrues thereon, (1) all material taxes, assessments and governmental charges levied or imposed upon the Company or any Subsidiary of its Subsidiaries the Company or upon the income, profits or property of the Company or any Subsidiary of its Subsidiariesthe 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 of the Company or any Subsidiary of its Subsidiariesthe 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 whose amount, applicability or validity is being contested in good faith by appropriate proceedings.

Appears in 2 contracts

Samples: Indenture (Metrocall Inc), Indenture (Metrocall Inc)

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 becomes delinquent, (1) all taxes, assessments and governmental charges levied or imposed upon the Company or any of its Subsidiaries or upon the income, profits or property of the Company or any of its Subsidiaries, Subsidiaries and (2) all lawful material claims for labor, materials and supplies which, if unpaid, might by law become a lien Lien upon the property of the Company or any Subsidiary of its Subsidiariesthe 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 whose the amount, applicability or validity of which is being timely contested in good faith by appropriate proceedings.

Appears in 2 contracts

Samples: Indenture (BDK Holdings Inc), Indenture (BDK 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, (1a) all material taxes, assessments and governmental charges levied or imposed upon the Company or any Subsidiary of its Subsidiaries the Company or upon the income, profits or property of the Company or any Subsidiary of its Subsidiariesthe Company, and (2b) all material lawful claims for labor, materials and supplies which, if unpaid, might by law become a lien Lien upon the property of the Company or any Subsidiary of its Subsidiariesthe 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 whose amount, applicability or validity is being contested in good faith by appropriate proceedings.

Appears in 2 contracts

Samples: Indenture (Viacom International Inc /De/), Indenture (Viacom 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 it or any of its Subsidiaries the Subsidiaries, or upon the income, profits or property of the Company or any of its the Subsidiaries, 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 or any of its the Subsidiaries; PROVIDED, HOWEVER, that none of the Company or any of the Subsidiaries shall not be required to pay or discharge or cause to be paid or discharged any such tax, assessment, charge or claim whose amount, applicability or validity is being contested in good faith by appropriate proceedings.

Appears in 2 contracts

Samples: Indenture (New Nisource Inc), Indenture (New Nisource 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 material taxes, assessments and governmental charges levied or imposed upon the Company or any of its Subsidiaries or upon the income, profits or property of the Company or any of its Subsidiaries, and (2b) all material lawful claims for labor, materials and supplies which, if unpaid, might by law become a lien Lien upon the property of the Company or any of its Subsidiaries; PROVIDED, HOWEVER, provided 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 whose amount, applicability or validity is being contested in good faith by appropriate proceedings.

Appears in 2 contracts

Samples: Senior Subordinated Indenture (Superior National Insurance Group Inc), Senior Subordinated Indenture (Symons International Group Inc)

Payment of Taxes and Other Claims. The Company will cause its Subsidiaries to 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 any of its Subsidiaries Subsidiaries, or upon the income, profits or property of the Company or any of its Subsidiaries, 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 or any of its Subsidiaries; PROVIDEDprovided, HOWEVERhowever, that the Company or its Subsidiaries shall not be required to pay or discharge or cause to be paid or discharged any such tax, assessment, charge or claim whose amount, applicability or validity is being contested in good faith by appropriate proceedings.

Appears in 2 contracts

Samples: Indenture (Mca Financial Corp /Mi/), Indenture (Mca Financial Corp /Mi/)

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 it or any of its Subsidiaries the Subsidiaries, or upon the income, profits or property of the Company or any of its the Subsidiaries, 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 or any of its the Subsidiaries; PROVIDEDprovided, HOWEVERhowever, that none of the Company or any of the Subsidiaries shall not be required to pay or discharge or cause to be paid or discharged any such tax, assessment, charge or claim whose amount, applicability or validity is being contested in good faith by appropriate proceedings.

Appears in 2 contracts

Samples: Indenture (New Nisource Inc), Indenture (Nisource 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 any of its Subsidiaries Restricted Subsidiary or upon the income, profits or property of the Company or any of its Subsidiaries, Subsidiary 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 or any of its SubsidiariesRestricted Subsidiary; 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 whose amount, applicability or validity is being contested in good faith by appropriate proceedings.

Appears in 2 contracts

Samples: Indenture (Fleming Companies Inc /Ok/), Indenture (Fleming Companies Inc /Ok/)

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 material taxes, assessments and governmental charges levied or imposed upon the Company or any of its Subsidiaries Subsidiary or upon the income, profits or property of the Company or any of its SubsidiariesSubsidiary, and (2ii) all material lawful claims for labor, materials and supplies which, if unpaid, might by law become a lien upon the property of the Company or any of its SubsidiariesSubsidiary; 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 whose amount, applicability or validity is being contested in good faith by appropriate proceedings.

Appears in 2 contracts

Samples: Indenture (McCormick & Co Inc), Indenture (McCormick & Co 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 any of its Subsidiaries Restricted Subsidiary or upon the income, profits or property Property of the Company or any of its SubsidiariesRestricted Subsidiary, 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 Property of the Company or any of its SubsidiariesRestricted Subsidiary; 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 whose amount, applicability or validity is being contested in good faith by appropriate proceedings.

Appears in 2 contracts

Samples: Indenture (Suncor Energy Inc), Indenture (Suncor Energy Inc)

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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 any of its Subsidiaries Restricted Subsidiary or upon the income, profits or property of the Company or any of its Subsidiaries, Restricted Subsidiary 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 or any of its SubsidiariesRestricted Subsidiary; 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 whose amount, applicability or validity is being contested in good faith by appropriate proceedings.

Appears in 1 contract

Samples: Indenture (Ameristeel 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 material taxes, assessments and governmental charges levied or imposed upon the Company or any of its Subsidiaries Restricted Subsidiary or upon the income, profits or property of the Company or any of its SubsidiariesRestricted Subsidiary, 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 Restricted Property of the Company or any of its SubsidiariesRestricted Subsidiary; 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 whose amount, applicability or validity is being contested in good faith by appropriate proceedings.

Appears in 1 contract

Samples: Indenture (Encana Corp)

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 any of its Subsidiaries Restricted Subsidiary or upon the income, profits or property of the Company or any of its Subsidiaries, Restricted Subsidiary and (2b) all lawful claims for labor, materials and supplies which, if unpaid, might by law become a lien Lien upon the property of the Company or any of its SubsidiariesRestricted Subsidiary; 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 whose amount, applicability or validity is being contested in good faith by appropriate proceedings.

Appears in 1 contract

Samples: Indenture (Gothic Energy 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 material taxes, assessments and governmental charges levied or imposed upon the Company or any of its Subsidiaries Significant Subsidiary or upon the income, profits or property of the Company or any of its SubsidiariesSignificant Subsidiary, 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 or any of its SubsidiariesSignificant Subsidiary; 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 whose amount, applicability or validity is being contested in good faith by appropriate proceedings.

Appears in 1 contract

Samples: Indenture (Borg Warner Automotive 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 it or any of its Subsidiaries Subsidiary or upon the income, profits or property of the Company or any of its SubsidiariesSubsidiary, 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 or any of its SubsidiariesSubsidiary unless such lien would not have a material adverse effect upon such property; 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 whose amount, applicability or validity is being contested in good faith by appropriate proceedings.

Appears in 1 contract

Samples: Indenture (Wellsford Residential Property Trust)

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 any of its Subsidiaries or upon the income, profits or property of the Company or any of its Subsidiaries, 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 or any of its Restricted Subsidiaries; 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 whose amount, applicability or validity is being contested in good faith by appropriate proceedings.proceedings or would not result in a material adverse effect on the Company. 71 84

Appears in 1 contract

Samples: Indenture (Insilco Corp/De/)

Payment of Taxes and Other Claims. The Company will shall pay or discharge 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 it or any of its Subsidiaries Subsidiary or upon the income, profits or property of the Company or any of its SubsidiariesSubsidiary, 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 or any of its SubsidiariesSubsidiary and have a Material Adverse Effect; 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 whose amount, applicability or validity is being contested in good faith by appropriate proceedings.

Appears in 1 contract

Samples: Indenture (Triquint Semiconductor 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, (1) all taxes, assessments and governmental charges levied or imposed upon the Company or any of its Restricted Subsidiaries or upon the income, profits profits, property, business or property trade of the Company or any of its Restricted Subsidiaries, 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 or any of its Restricted Subsidiaries; 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 whose amount, applicability or validity is being contested in good faith by appropriate proceedings.

Appears in 1 contract

Samples: Indenture (Messer Griesheim Holding Ag)

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 any of its Subsidiaries or Restricted Subsidiary upon the income, profits or property of the Company or any of its SubsidiariesRestricted Subsidiary, and (2) all material lawful claims for labor, materials and supplies which, if unpaid, might by law become a lien Security Interest upon the any property or assets of the Company or any of its SubsidiariesRestricted Subsidiary; 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 whose amount, applicability or validity is being contested in good faith by appropriate proceedings.

Appears in 1 contract

Samples: Indenture (Husky Energy 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 material taxes, assessments and governmental charges levied or imposed upon the Company or any of its Subsidiaries Subsidiary or upon the income, profits or property of the Company or any of its Subsidiaries, Subsidiary and (2b) all lawful claims for labor, materials and supplies supplies, which, if unpaid, might by law become a material liability or lien upon the property of the Company or any of its SubsidiariesSubsidiary; 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 whose amount, applicability or validity is being contested in good faith by appropriate proceedingsproceedings and for which appropriate reserves, if necessary (in the good faith judgment of management of the Company) are being maintained in accordance with GAAP.

Appears in 1 contract

Samples: Indenture (Accuride 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 material taxes, assessments and governmental charges levied or imposed upon the Company or any of its Subsidiaries or Restricted Subsidiary upon the income, profits or property of the Company or any of its SubsidiariesRestricted Subsidiary, and (2) all material lawful claims for labor, materials and supplies which, if unpaid, might by law become a lien Security Interest upon the any property or assets of the Company or any of its SubsidiariesRestricted Subsidiary; PROVIDEDprovided, 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 whose amount, applicability or validity is being contested in good faith by appropriate proceedings.

Appears in 1 contract

Samples: Indenture (Husky Energy 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 any of its Subsidiaries Restricted Subsidiary or upon the income, profits or property of the Company or any of its SubsidiariesRestricted Subsidiary, 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 or any of its SubsidiariesRestricted Subsidiary; 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 whose amount, applicability or validity is being contested in good faith by appropriate proceedingsproceedings and for which adequate reserves have been established.

Appears in 1 contract

Samples: Indenture (Commonwealth Aluminum 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 material taxes, assessments and governmental charges levied or imposed upon the Company or any of its Subsidiaries or upon the income, profits or property of the Company or any of its Subsidiaries, and (2b) all lawful claims for labor, materials and supplies which, if unpaid, might by law become a lien upon the any material property of the Company or any of its Subsidiaries; 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 whose amount, applicability or validity is being contested in good faith by appropriate proceedings.

Appears in 1 contract

Samples: Junior Subordinated Note (Quality Dining 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 (i) upon the Company or any of its Subsidiaries or (ii) upon the income, profits or property of the Company or any of its Subsidiaries, Subsidiaries and (2b) all lawful claims for labor, materials and supplies supplies, which, if unpaid, might by law become a lien Lien upon the property of the Company or any of its Subsidiaries; PROVIDED, HOWEVERprovided, 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 whose amount, applicability or validity is being contested in good faith by appropriate proceedingsproceedings properly instituted and diligently conducted.

Appears in 1 contract

Samples: Indenture (Galaxy Cable Inc)

Payment of Taxes and Other Claims. The Company will shall pay or discharge or discharge, and shall cause each of its Subsidiaries to be paid or dischargedpay and discharge, before the same shall become delinquent, (1a) all taxes, assessments and governmental charges levied or imposed upon the Company or any of its Subsidiaries such Subsidiary or upon the income, profits or property of the Company or any of its Subsidiaries, such Subsidiary and (2b) all lawful claims for labor, materials and supplies which, if unpaid, might by law become a lien Lien upon the property of the Company or any of its SubsidiariesSubsidiary; 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 whose amount, applicability or validity is being diligently contested in good faith by appropriate proceedings.

Appears in 1 contract

Samples: Indenture (Michael Petroleum Corp)

Payment of Taxes and Other Claims. The Company has paid and will in the future 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 any of its Subsidiaries or upon the income, profits or property of the Company or any of its SubsidiariesCompany, and (2b) all lawful claims against the Company for labor, materials and supplies whichwhich in the case of either clause (a) or (b) of this Section 403, if unpaid, might by law become a lien upon the property of the Company or any of its Subsidiariesproperty; 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 whose amount, applicability or validity is being contested in good faith by appropriate proceedings.

Appears in 1 contract

Samples: Loan Agreement (Micro General 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 material taxes, assessments and governmental charges levied or imposed upon the Company or any Subsidiary of its Subsidiaries the Company or upon the income, profits or property of the Company or any Subsidiary of its Subsidiariesthe Company, and (2b) all material lawful claims for labor, materials and supplies which, if unpaid, might by law become a lien Lien upon the property of the Company or any Subsidiary of its Subsidiariesthe 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 whose amount, applicability or validity is being contested in good faith by appropriate proceedingsfaith.

Appears in 1 contract

Samples: Indenture (Viacom International Inc /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, (1) all taxes, assessments and governmental charges levied or imposed upon the Company or any of its Restricted Subsidiaries or upon the income, profits or property of the Company or any of its Restricted Subsidiaries, 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 or any of its Restricted Subsidiaries; 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 whose amount, applicability or validity is being contested in good faith by appropriate proceedings.. 106 October '97 Notes Indenture

Appears in 1 contract

Samples: Indenture (Nextel Communications 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 it or any of its Subsidiaries Subsidiary or upon the income, profits or property of the Company or any of its SubsidiariesSubsidiary, 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 or any of its SubsidiariesSubsidiary unless such lien would not have a material adverse effect upon such property; 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 proceedingsproceedings or (ii) for which the Company has set apart and maintains an adequate reserve.

Appears in 1 contract

Samples: Indenture (New Plan Realty Trust)

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 any of its Subsidiaries or Restricted Subsidiary upon the income, profits or property of the Company or any of its SubsidiariesRestricted Subsidiary, and (2) all material lawful claims for labor, materials and supplies which, if unpaid, might by law become a lien Security Interest upon the any property or assets of the Company or any of its SubsidiariesRestricted Subsidiary; 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 whose amount, applicability or validity is being contested in good faith by appropriate proceedings.

Appears in 1 contract

Samples: Indenture (Husky Energy 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, (1) all taxes, assessments and governmental charges levied or imposed upon the Company or any of its Significant Subsidiaries or upon the income, profits or property of the Company or any of its Significant Subsidiaries, and (2) all lawful material claims for labor, materials and supplies which, if unpaid, might by law become a lien upon the property of the Company or any of its Significant Subsidiaries; 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 whose amount, applicability or validity is being contested in good faith by appropriate proceedings.

Appears in 1 contract

Samples: Indenture (United Rentals Inc /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 material taxes, assessments and governmental charges levied or imposed upon the Company or any of its Subsidiaries or upon the income, profits or property of the Company or any of its Subsidiaries, and (2ii) all material lawful claims for labor, materials and supplies which, if unpaid, might by law become a lien Lien upon the property of the Company or any of its Subsidiaries; PROVIDED, HOWEVER, provided 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 whose amount, applicability or validity is being contested in good faith faith, and by appropriate proceedings.

Appears in 1 contract

Samples: Letter of Credit and Reimbursement Agreement (R&b Falcon 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 any of its Subsidiaries Restricted Subsidiary or upon the income, profits or property of the Company or any of its Subsidiaries, Restricted Subsidiary 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 or any of its SubsidiariesRestricted Subsidiary; 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 whose amount, applicability or validity is being contested in good faith by appropriate proceedings.

Appears in 1 contract

Samples: Indenture (Baytex Energy LTD)

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