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, (a) all material taxes, assessments and governmental charges levied or imposed upon the Company or any Subsidiary of the Company or upon the income, profits or property of the Company or any Subsidiary of the Company, and (b) 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 Subsidiary 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 whose amount, applicability or validity is being contested in good faith.

Appears in 9 contracts

Samples: CBS Corp, Reconciliation And (CBS Operations Inc.), Indenture (CBS Operations 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, (a1) all material taxes, assessments and governmental charges levied or imposed upon the Company or any Subsidiary of the Company or upon the income, profits or property of the Company or any Subsidiary of the Company, and (b2) 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 Company, except where the failure to do so would not be reasonably expected to have a material adverse effect on the business, assets, financial condition or any Subsidiary results of operations 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 whose amount, applicability or validity is being contested in good faithfaith by appropriate proceedings.

Appears in 9 contracts

Samples: Carlyle Secured Lending, Inc., Indenture (TCP Capital Corp.), TCP Capital 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, (a1) all material taxes, assessments and governmental charges levied or imposed upon the Company it or any Subsidiary of the Company or upon the income, profits or property of the Company or any Subsidiary of the CompanySubsidiary, and (b2) 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 the Companyunless such lien would not have a material adverse effect upon such 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 whose amount, applicability or validity is being contested in good faithfaith by appropriate proceedings or for which the Company has set apart and maintains an adequate reserve.

Appears in 8 contracts

Samples: Indenture (Capitalsource Holdings LLC), Indenture (Capitalsource Holdings LLC), Indenture (Capitalsource Inc)

Payment of Taxes and Other Claims. The Company will shall, and shall cause each of its Restricted Subsidiaries to, pay or discharge or cause to be paid or discharged, before the same shall become delinquent, (a1) all material taxes, assessments and governmental charges levied or imposed upon the Company or any Subsidiary of the Company its Subsidiaries or upon the income, profits or property Property of the Company or any Subsidiary of the Companyits Subsidiaries, and (b2) 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 Subsidiary of the Companyits 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 faithfaith by appropriate proceedings.

Appears in 7 contracts

Samples: Indenture (R H Donnelley Corp), Indenture (Donnelley R H Inc), Indenture (Laidlaw International 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, (a1) all material taxes, assessments and governmental charges levied or imposed upon the Company or any Subsidiary of the Company or upon the income, profits or property of the Company or any Subsidiary of the Company, Company and (b2) all material lawful claims for labor, materials and supplies which, in each case, if unpaid, might by law become a material liability, or Lien upon the property property, of the Company or any Subsidiary 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 whose amount, applicability or validity is being contested in good faithfaith by appropriate proceedings and for which appropriate provision has been made.

Appears in 5 contracts

Samples: Definitions and Incorporation by Reference (Dolco Packaging Corp /De/), Indenture (Pen Tab Industries Inc), Indenture (Tekni Plex 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, (ai) all material taxes, assessments and governmental charges levied or imposed upon the Company or any Subsidiary of the Company its Significant Subsidiaries or upon the income, profits or property of the Company or any Subsidiary of the Companyits Significant Subsidiaries, and (bii) 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 the Companyits Significant 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 faithfaith or would not be disadvantageous in any material respect to the Holders.

Appears in 4 contracts

Samples: Indenture (Seitel Capital Trust Ii), Seitel Capital Trust Ii, R&b Falcon 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, (a) all material taxes, assessments and governmental charges levied or imposed upon the Company or any Subsidiary of the Company or upon the income, profits or property of the Company or any Subsidiary of the Company, and (b) all material 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 lien upon the property of the Company or any Subsidiary 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 whose amount, applicability or validity is being contested in good faithfaith 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, (a1) all material taxes, assessments and governmental charges levied or imposed upon the Company Company, Parent or any Restricted Subsidiary of the Company or upon the income, profits or property of the Company Company, Parent or any Subsidiary of the CompanyRestricted Subsidiary, and (b2) 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 Subsidiary Principal Property of the Company, Parent or any Restricted 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 faithfaith by appropriate proceedings.

Appears in 3 contracts

Samples: Indenture (Eaton Corp PLC), Indenture (Eaton Corp PLC), Cooper Offshore Holdings S.a.r.l.

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, (a1) all material taxes, assessments and governmental charges levied or imposed upon the Company or any Subsidiary of the Company its Restricted Subsidiaries or upon the income, profits or property of the Company or any Subsidiary of the Companyits Restricted Subsidiaries, and (b2) all lawful 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 the Companyits 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 faithfaith by appropriate proceedings.

Appears in 3 contracts

Samples: Indenture (United Rentals North America Inc), Indenture (Wyne Systems Inc), 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, (a1) all material taxes, assessments and governmental charges levied or imposed upon the Company or any Subsidiary of the Company its Subsidiaries or upon the income, profits or property or the income, profits or property of the Company or any Subsidiary of the Companyits Subsidiaries, and (b2) 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 the Companyits 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 faithfaith by appropriate proceedings.

Appears in 2 contracts

Samples: Fiat Chrysler Finance Us Inc., Fiat Chrysler Automobiles N.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, (a1) all material taxes, assessments and governmental charges levied or imposed upon the Company or any Subsidiary of the Company or upon the income, profits or property of the Company or any Subsidiary of the CompanySubsidiary, and (b2) 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 that comprise more than 10% of the Companyassets of the Company and its Subsidiaries taken as a whole; 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 faithfaith by appropriate proceedings.

Appears in 2 contracts

Samples: Indenture (American Financial Capital Trust I), American Annuity Group Capital Trust Ii

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, (a1) all material taxes, assessments and governmental charges levied or imposed upon the Company or any Subsidiary of the Company or upon the income, profits or property of the Company or any Subsidiary of the Company, and (b2) 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 Company, except where the failure to do so would not be reasonably expected to have a material adverse effect on the business, assets, financial condition or any Subsidiary results of operations 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 whose amount, applicability or validity is being contested in good faithfaith by appropriate proceedings, but shall establish proper reserves in accordance with GAAP.

Appears in 2 contracts

Samples: Indenture (Terra Property Trust, Inc.), Indenture (Terra Property Trust, 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, (a1) all material taxes, assessments and governmental charges levied or imposed upon the Company it or any Subsidiary of the Company or upon the income, profits or property of the Company or any Subsidiary of the CompanySubsidiary, and (b2) all material lawful claims for labor, materials and supplies which, if unpaid, might by law become becomes, or could reasonably be expected to become, a Lien lien upon the property of the Company or any Subsidiary of the Companyand have, or be reasonably expected to 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 faithfaith by appropriate proceedings.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Internet Capital Group Inc), Securities Purchase Agreement (Sirva 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, (a1) all material taxes, assessments and governmental charges levied or imposed upon the Company or any Subsidiary of the Company its Restricted Subsidiaries or upon the income, profits or property of the Company or any Subsidiary of the Companyits Restricted Subsidiaries, and (b2) 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 the Companyits 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 faithfaith by appropriate proceedings.

Appears in 2 contracts

Samples: Indenture (Mission Energy Holding Co), FLN Finance 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, (a) all material taxes, assessments and governmental charges levied or imposed upon the Company or any Subsidiary of the Company or upon the income, profits or property of the Company or any Subsidiary of the Company, and (b) 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 Subsidiary that could produce a material adverse effect on the Consolidated financial condition 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 whose amount, applicability or validity is being contested in good faithfaith by appropriate proceedings.

Appears in 2 contracts

Samples: Amc Entertainment Inc, Amc Entertainment 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 delinquent, any penalty accrues thereon (ai) all material taxes, assessments and governmental charges levied or imposed upon the Company or any Restricted Subsidiary of the Company or upon the income, profits or property of the Company or any Restricted Subsidiary of the Company, Company and (bii) all material lawful claims for labor, materials and supplies whichthat, if unpaid, might by law become a Lien upon the property of the Company or any Restricted Subsidiary of the Company; provided, however, provided that the Company shall not be required to pay or discharge discharge, or cause to be paid or discharged discharged, any such tax, assessment, charge or claim whose the amount, applicability or validity of which is being contested in good faithfaith by appropriate proceedings and for which adequate reserves have been made.

Appears in 2 contracts

Samples: Security Pledge and Intercreditor Agreement (Nutritional Sourcing Corp), Indenture (Nutritional Sourcing 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, (a1) all material taxes, assessments and governmental charges levied or imposed upon the Company or any Subsidiary of the Company or upon the income, profits or property of the Company or any Subsidiary of the CompanySubsidiary, and (b2) 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 that comprise more than 10% of the Companyassets of the Company and its Subsidiaries, taken as a whole; 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 faithfaith by appropriate proceedings.

Appears in 2 contracts

Samples: Indenture (Washington Mutual Capital I), Indenture (Commerce Security Bancorp 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, (a1) all material taxes, assessments and governmental charges levied or imposed upon the Company or any Restricted Subsidiary of the Company or upon the income, profits or property of the Company or any Subsidiary of the CompanyRestricted Subsidiary, and (b2) all material lawful claims for labor, materials and supplies whichsupplies, which in each case described in clause (1) or (2), if unpaid, might by law become a Lien lien upon the property of the Company or any Subsidiary of the CompanyRestricted 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 faithfaith by appropriate proceedings.

Appears in 1 contract

Samples: Indenture (International Lease Finance 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, (a1) all material taxes, assessments and governmental charges levied or imposed upon the Company or any Restricted Subsidiary of the Company or upon the income, profits or property of the Company or any Restricted Subsidiary of the Company, and (b2) all material lawful claims for labor, materials and supplies which, in each case, if unpaid, might by law are reasonably likely to become a material liability, or material Lien upon the property property, of the Company or any Subsidiary of the CompanyRestricted Subsidiary; 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 faithfaith by appropriate proceedings and for which appropriate provision has been made.

Appears in 1 contract

Samples: Aerolink International 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, (a) all material a)all taxes, assessments and governmental charges levied or imposed upon the Company or any Restricted Subsidiary of the Company or upon the income, profits or NYDOCS01/571795 3 property of the Company or any Restricted Subsidiary of the Company, and (b) all material b)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 the CompanyRestricted 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 faithfaith by appropriate proceedings.

Appears in 1 contract

Samples: 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, (a1) all material taxes, assessments and governmental charges levied or imposed upon the Company or any Restricted Subsidiary of the Company or upon the income, profits or property of the Company or any Subsidiary of the CompanyRestricted Subsidiary, and (b2) 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 Subsidiary of the CompanyRestricted 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 faithfaith 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, (ai) all material taxes, assessments and governmental charges (including withholding taxes and any penalties, interest and additions to taxes) levied or imposed upon the Company it or any Subsidiary of the Company its Subsidiaries or upon the income, profits or property properties of the Company it or any Subsidiary of the Company, its Subsidiaries and (bii) all material lawful claims for labor, materials and supplies whichthat, if unpaid, might by law become a Lien upon the property of the Company it or any Subsidiary of the Companyits 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 if the amount, applicability or validity thereof is being contested in good faith.faith by

Appears in 1 contract

Samples: Lamar Advertising 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 delinquentany material penalty accrues thereon, (a1) all material taxes, assessments and governmental charges levied or imposed upon the Company or any Subsidiary of the Company or upon the income, profits or property of the Company or any Subsidiary of the Company, and (b2) 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 Subsidiary 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 whose amount, applicability or validity is being contested in good faithfaith by appropriate proceedings.

Appears in 1 contract

Samples: Indenture (Metrocall 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, (a1) all material taxes, assessments and governmental charges levied or imposed upon the Company or any Restricted Subsidiary of the Company or upon the income, profits or property of the Company or any Re- stricted Subsidiary of the Company, and (b2) all material lawful claims for labor, materials and supplies which, in each case, if unpaid, might by law become a material liability, or Lien upon the property property, of the Company or any Subsidiary of the CompanyRestricted 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 faithfaith by appropriate proceedings and for which appropriate provision has been made.

Appears in 1 contract

Samples: Tci Satellite Entertainment Inc

Payment of Taxes and Other Claims. The Company will shall, or shall cause its Subsidiaries to, pay or discharge or cause to be paid or discharged, before the same shall become delinquent, (a) all material taxes, assessments and governmental charges levied or imposed upon the Company or any Subsidiary of the Company or upon the income, profits or property of the Company or any Subsidiary of the Company, and (b) 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 the Company; provided, however, that the Company and 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 faithfaith by appropriate proceedings.

Appears in 1 contract

Samples: Execution Copy (Western Gas 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, (a1) all material taxes, assessments and governmental charges (including withholding taxes and any penalties, interest and additions to taxes) levied or imposed upon the Company or any Subsidiary of the Company or upon the income, profits or property of the Company or any Subsidiary of the CompanySubsidiary, and (b2) 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 the CompanySubsidiary; 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 faithfaith by appropriate proceedings and for which disputed amounts adequate reserves have been made.

Appears in 1 contract

Samples: Nationwide Financial Services 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, (a1) all material taxes, assessments and governmental charges levied or imposed upon the Company or any Subsidiary of the Company its Restricted Subsidiaries or upon the income, profits or property of the Company or any Subsidiary of the Companyits Restricted Subsidiaries, and (b2) 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 the Companyits 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 faithfaith by appropriate proceedings or would not result in a material adverse effect on the Company.

Appears in 1 contract

Samples: Indenture (Oci Holdings 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, (ai) all material taxes, assessments and governmental charges (including withholding taxes and any penalties, interest and additions to taxes) levied or imposed upon the Company it or any Subsidiary of the Company its Subsidiaries or upon the income, profits or property properties of the Company it or any Subsidiary of the Company, its Subsidiaries and (bii) all material lawful claims for labor, materials materials, supplies and supplies whichservices that, if unpaid, might by law become a Lien upon the property of the Company it or any Subsidiary of the Companyits Subsidiaries; provided, -------- however, that the Company there shall not be required to pay or discharge or cause to be paid or discharged ------- any such tax, assessmentassessment or charge, charge or claim whose the amount, applicability or validity of which is being contested in good faith.being

Appears in 1 contract

Samples: Indenture (Chancellor Radio Broadcasting Co)

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, (ai) all material taxes, assessments and governmental charges levied or imposed upon the Company it or any Subsidiary of the Company its Subsidiaries or upon the income, profits or property of the Company it or any Subsidiary of the Company, its Subsidiaries and (bii) all material lawful claims for labor, materials and supplies which, in each case, if unpaid, might by law become a material liability, or Lien upon the property property, of the Company it or any Subsidiary of the Companyits 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 faithfaith by appropriate proceedings and for which appropriate provision has been made.

Appears in 1 contract

Samples: Indenture (Hard Rock Hotel Inc)

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Payment of Taxes and Other Claims. 46 52 The Company will shall pay or discharge or cause to be paid or discharged, before the same shall become delinquent, (a1) all material taxes, assessments and governmental charges levied or imposed upon the Company or any Subsidiary of the Company or upon the income, profits or property of the Company or any Subsidiary of the Company, Company and (b2) all material lawful claims for labor, materials and supplies which, in each case, if unpaid, might by law become a material liability, or Lien upon the property property, of the Company or any Subsidiary 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 whose amount, applicability or validity is being contested in good faithfaith by appropriate proceedings and for which appropriate provision has been made.

Appears in 1 contract

Samples: Prime Foods Development 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, (a) all material taxes, assessments and governmental charges levied or imposed upon the Company or any Subsidiary of the Company or upon the income, profits or property of the Company or any Subsidiary of the Company, and (b) 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 Subsidiary that could produce a material adverse effect on the consolidated financial condition 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 whose amount, applicability or validity is being contested in good faithfaith by appropriate proceedings.

Appears in 1 contract

Samples: Regal Cinemas 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, (a) all material taxes, assessments and governmental charges levied or imposed upon the Company or any Restricted Subsidiary of the Company or upon the income, profits or property of the Company or any Restricted Subsidiary of the Company, and (b) all material lawful claims for labor, materials and supplies supplies, which, if unpaid, might by law become a Lien material liability or lien upon the property of the Company or any Subsidiary of the CompanyRestricted 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.good

Appears in 1 contract

Samples: CCC Capital Trust Ii

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, (a1) all material taxes, assessments and governmental charges (including withholding taxes and any penalties, interest and additions to taxes) levied or imposed upon the Company or any Subsidiary of the Company or upon the income, profits or property of the Company or any Subsidiary of the CompanySubsidiary, and (b2) 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 the Company; 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 faithfaith by appropriate proceedings and for which disputed amounts adequate reserves have been made.

Appears in 1 contract

Samples: Indenture (Watford Holdings Ltd.)

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, (a) all material taxes, assessments and governmental charges levied or imposed upon the Company it or any Subsidiary of the Company its Subsidiaries or upon the income, profits or property of the Company it or any Subsidiary of the Company, its Subsidiaries and (b) all material lawful claims for labor, materials and supplies which, in each case, if unpaid, might by law become a material Lien upon or a material liability affecting the property of the Company it or any Subsidiary of the Companyits 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.is

Appears in 1 contract

Samples: Weight Watchers International 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, (a1) all material taxes, assessments and governmental charges levied or imposed upon the Company or any Restricted Subsidiary of the Company or upon the income, profits or property of the Company or any Restricted Subsidiary of the Company, and (b2) all material lawful claims for labor, materials and supplies which, in each case, if unpaid, might by law become a material liability, or Lien upon the property property, of the Company or any Subsidiary of the CompanyRestricted 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 47 -47- whose amount, applicability or validity is being contested in good faithfaith by appropriate proceedings and for which appropriate provision has been made.

Appears in 1 contract

Samples: Indenture (Roma Fort Worth 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, (a1) all material taxes, assessments and governmental charges (including withholding taxes and any penalties, interest and additions to taxes) levied or imposed upon the Company or any Subsidiary of the Company or upon the income, profits or property of the Company or any Subsidiary of the CompanySubsidiary, and (b2) 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 the CompanySubsidiary; 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 faithfaith by appropriate proceedings and for which disputed amounts adequate reserves have been made.

Appears in 1 contract

Samples: Indenture (Infinity Property & Casualty 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 delinquentdelinquent and in accordance with applicable provisions of the Security Documents, (a) all material taxes, assessments and governmental charges levied or imposed upon the Company or any Subsidiary of the Company its Subsidiaries or upon the income, profits or property of the Company or any such Subsidiary of the Company, and (b) all material 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 Subsidiary of the Companysuch 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 faithfaith by appropriate proceedings.

Appears in 1 contract

Samples: 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, (ai) all material taxes, assessments and governmental charges levied or imposed upon the Company it or any Subsidiary of the Company or upon the income, profits or property of the Company or any Subsidiary of the CompanySubsidiary, and (bii) all material and 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 the CompanySubsidiary, except for any Lien permitted to be incurred under Section 301; 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 faithfaith by appropriate proceedings.

Appears in 1 contract

Samples: First Supplemental Indenture (Dial Corp /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, (ai) all material taxes, assessments and governmental charges levied or imposed upon the Company it or any Subsidiary of the Company its Subsidiaries or upon the income, profits or property of the Company it or any Subsidiary of the Company, its Subsidiaries and (bii) all material lawful claims for labor, materials and supplies which, in each case, if unpaid, might by law become a material liability or Lien upon the property of the Company it or any Subsidiary of the Companyits 52 53 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 faithfaith by appropriate proceedings and for which appropriate provision has been made.

Appears in 1 contract

Samples: Indenture (Versatel Telecom International N 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, (a) all material taxes, assessments and governmental charges levied or imposed upon the Company it or any Subsidiary of the Company its Subsidiaries or upon the income, profits or property of the Company it or any Subsidiary of the Company, its Subsidiaries and (b) all material lawful claims for labor, materials and supplies which, in each case, if unpaid, might by law become a material liability or Lien upon the property of the Company it or any Subsidiary of the Companyits 48 -40- 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 faithfaith by appropriate proceedings and for which appropriate provision has been made.

Appears in 1 contract

Samples: Unifrax Investment 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, (ai) all material taxes, assessments and governmental charges levied or imposed upon the Company it or any Subsidiary of the Company its Subsidiaries or upon the income, profits or property of the Company it or any Subsidiary of the Company, its Subsidiaries and (bii) all material lawful claims for labor, materials and supplies which, in each case, if unpaid, might by law become a material liability, or Lien upon the property property, of the Company it or any Subsidiary of the Companyits 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 faithfaith by appropriate proceedings and for which appropriate provision has been made.

Appears in 1 contract

Samples: Indenture (Hard Rock Hotel Inc)

Payment of Taxes and Other Claims. The Company will shall pay or discharge or cause to be paid or discharged, and shall cause each of their Subsidiaries to pay or discharge or cause to be paid or discharged, before the same shall become delinquent, (a1) all material taxes, assessments and governmental charges levied or imposed upon the Company Company, directly or by reason of its ownership of any Subsidiary of the Company or upon the income, profits or property of the Company or any Subsidiary of the Company, ; and (b2) 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 Subsidiary 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 whose amount, applicability or validity is being contested in good faithfaith by appropriate proceedings and for which adequate provision has been made.

Appears in 1 contract

Samples: Indenture (Aerojet Ordnance Tennessee 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, (a1) all material taxes, assessments and governmental charges levied or imposed upon the Company or any Material Subsidiary of the Company or upon the income, profits or property of the Company or any Material Subsidiary of the Company, and (b2) all material lawful claims for labor, materials and supplies which, if unpaid, might by law become a Lien pledge, mortgage, lien, charge, encumbrance or security interest upon the property any Property of the Company or any Subsidiary of the CompanyMaterial 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 faithfaith by appropriate proceedings.

Appears in 1 contract

Samples: China Mobile Hong Kong 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, (ai) all material taxes, assessments and governmental charges levied or imposed upon the Company it or any Subsidiary of the Company or upon the income, profits or property of the Company or any Subsidiary of the CompanySubsidiary, and (bii) all material and 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 the CompanySubsidiary, except for any Lien permitted to be incurred under Section 3.01; 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.,

Appears in 1 contract

Samples: Second Supplemental Indenture (Dial Corp /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, (a1) all material taxes, assessments and governmental charges levied or imposed upon the Company or any Subsidiary of the Company its Significant Subsidiaries or upon the income, profits or property of the Company or any Subsidiary of the Companyits Significant Subsidiaries, and (b2) all lawful 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 the Companyits Significant 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 faithfaith 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, : (ai) all material taxes, assessments and governmental charges levied or imposed upon the Company or any Subsidiary of the Company its Restricted Subsidiaries or upon the income, profits or property of the Company or any Subsidiary of the Companyits Restricted Subsidiaries, and (bii) 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 the Companyits 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 faithfaith by appropriate proceedings.

Appears in 1 contract

Samples: Western Wireless Corp

Payment of Taxes and Other Claims. The Company will pay or discharge or cause to be paid or discharged, before the same shall become delinquent, (a1) all material taxes, assessments and governmental charges levied or imposed upon the Company it or any Subsidiary of the Company or upon the income, profits or property of the Company or any Subsidiary of the CompanySubsidiary, and (b2) 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 the Companyunless such lien would not have a material adverse effect upon such 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 whose amount, applicability or validity is being contested in good faith.or

Appears in 1 contract

Samples: New Plan (New Plan Realty Trust)

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